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AGENCY Texas Commission on Environmental Quality
ISSUE 11/16/2001
ACTION Miscellaneous

Notice of Proposed Selection of Remedy of Harvey Industries, Inc. State Superfund Site

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of a proposed selection of remedy for the Harvey Industries, Inc. state Superfund site. In accordance with 30 TAC §335.349(a), concerning requirements for the remedial action; and Texas Health and Safety Code, §361.187, concerning the proposed remedial action; a public meeting regarding the commission's selection of a proposed remedy for the Harvey Industries, Inc. state Superfund site shall be held. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Athens Daily Review on November 16, 2001.

The public meeting is scheduled for December 18, 2001, at 7:00 p.m. at the Cain Center, Room B, 915 South Palestine Street, Athens, Texas. The public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the Harvey Industries, Inc. state Superfund site, was proposed for listing on the state registry of Superfund sites in the May 9, 1995 edition of the Texas Register (20 TexReg 3506). The Harvey Industries, Inc. state Superfund site is located in the City of Athens, Henderson County, Texas on the southeast corner of the intersection of Farm Road 2495 and Texas Highway 31.

Olive and Myers Manufacturing, which later became Curtis Mathes Manufacturing Company, first developed the manufacturing facility site in Athens, Texas in 1955. The facility was used to manufacture television cabinets and circuit boards. A landfill was permitted for the Curtis Mathes facility in March 1973. The landfill received sawdust, wood, cardboard, plastic, styrofoam, floor sweeping, general refuse, ash from the boiler firebox, drums of paint sludge, solvent-soaked rags and other chemical wastes. Curtis Mathes also operated a fire training pit on the property. In December 1981 and January 1982, Curtis Mathes conducted fire training schools in which approximately 16,500 gallons of accumulated chemical wastes were placed in the pit and set ablaze.

Harvey Industries leased the facility from Curtis Mathes in August 1982. Harvey Industries entered into a compliance agreement with the Texas Department of Water Resources on July 26, 1985. Under the agreement, the incineration of hazardous materials was to cease until an air permit could be obtained, and the fire training pit was to be remediated and closed. A closure certificate was submitted for the incinerator on March 11, 1986. Harvey Industries filed Chapter 7 in United States Bankruptcy Court in 1992. In November 1993, the state entered into an agreement with a third party, Lorax Corp. (Lorax), which allowed Lorax to clean up the on-site warehouse in exchange for leasing the warehouse.

Investigations were conducted for Harvey Industries at the site by East Texas Testing Laboratory (1985); Espey, Huston, and Associates (1986 and 1987); and Scientific Consultant Laboratory (1992). Early investigations identified methyl ethyl ketone, isobutyl alcohol, and toluene in the groundwater beneath the former fire training pit. Benzene and chlorobenzene were detected in low concentrations from groundwater beneath the landfill. Harvey Industries installed a groundwater recovery and treatment system for the fire training pit in 1989. The system operated until 1992.

During a Lorax-financed investigation by CURA, Inc. (CURA) in 1994, elevated concentrations of cadmium were reported in soil samples collected from the incinerator courtyard. The cadmium-contaminated soil surrounding the incinerator was excavated and treated by chemical fixation. The treated soil was then transported for disposal at a landfill in Avalon, Texas. CURA also conducted a removal and remedial investigation of three diesel aboveground storage tanks (AST) and the ancillary equipment located south of the vehicle maintenance building. The petroleum-contaminated soil was removed from the site for disposal and the excavation was backfilled with clean fill material. No dissolved phase fuel hydrocarbon concentrations have been detected in wells MW-54 or MW-55 both down gradient of the former AST area or, in wells MW-3 or MW-57 which are adjacent to the area. Therefore, groundwater has not been adversely impacted by releases from the diesel storage tanks.

Foster Wheeler Environmental Corporation began the remedial investigation (RI) process for the TNRCC in March 1996. Two phases of investigation were conducted. Samples were collected from surface soils, subsurface soils, groundwater, surface water, and sediments. Additionally, several geophysical surveys were conducted. The findings of the RI are summarized in Remedial Investigation Report for the Harvey Industries State Superfund Site. Subsequent investigations were performed by TNRCC to evaluate specific concerns; these investigations are summarized in the Technical Memorandum: Results of Harvey Industries Sampling and the Harvey Industries State Superfund Site, Well Installation and Groundwater Monitoring Report by Daniel B. Stephens & Associates, Inc.

The Baseline Human Health Risk Evaluation Memorandum, completed in August 2001 by Daniel B. Stephens & Associates, Inc., concluded that no further remedial action was required for surface soils, subsurface soils, and sediments at the Harvey site. The report concluded that there was potential excess risk associated with the arsenic, lead, and cadmium in the shallow groundwater at the Harvey site.

Because the excavation and offsite disposal of soils contaminated with cadmium and total petroleum hydrocarbons above the remediation goals have eliminated the threat to public health, safety, and the environment from the soils at the Harvey Industries Site, the TNRCC's proposed remedial action for soils is no further action.

Based on TNRCC Guidance Document RG-337, Presumptive Remedies for Groundwater at Texas State Superfund Sites, monitored natural attenuation is a suitable remedial action technology for the groundwater at the Harvey site.

Factors supporting monitored natural attenuation include:

Concentrations of heavy metals are relatively low when compared to their cleanup values.

Concentrations of heavy metals (arsenic, lead, and cadmium) contamination show a general declining trend at the site. While the attenuation of metals does not utilize all the mechanisms affecting volatile organic compounds, adsorption and dilution will reduce metals concentrations at the site.

The pH in the area of contaminated groundwater is lower than the pH observed near the site boundaries. As the groundwater migrates, the pH is expected to increase, which will reduce the mobility and concentrations of the constituents of concern in the groundwater.

The metals-contaminated groundwater is confined within the site boundaries. Downgradient perimeter wells are not currently contaminated at levels above the cleanup goals. Because groundwater at the site perimeter is not contaminated, neighboring properties are not expected to be impacted. Perimeter wells will be monitored to insure that the groundwater contamination plume remains within the Harvey Industries property.

A deed notice will be placed in the deed records concerning the site to give notice of the shallow groundwater contamination during the monitoring period.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. December 18, 2001, and should be sent to Dean Perkins, Project Manager, Texas Natural Resource Conservation Commission, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, TX 78711-3087. The public comment period for this action will end at the close of the public meeting of December 18, 2001.

A portion of the records for this site including documents pertinent to the proposed remedy are available for review during regular business hours at the Henderson County Library, 121 South Prairieville Street, Athens, Texas; telephone number (903) 677-7295. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.


Stephanie Bergeron

Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: November 6, 2001

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