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AGENCY Texas Commission on Environmental Quality
ISSUE 03/22/2002
ACTION Miscellaneous

Notice of Intent to Delete the Higgins Wood Preserving Site from the State Superfund Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a Notice of Intent to delete the Higgins Wood Preserving State Superfund site (the Site) from the state registry. The registry is a list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release, or threatened release, of hazardous substances into the environment. The commission is proposing this deletion because the Site has been accepted into the Voluntary Cleanup Program.

The Site, including all land, structures, appurtenances, and other improvements consists of approximately 31 acres located in the 400 block of North Timberland Drive (U.S. Hwy. 59) in Lufkin, Angelina County, Texas. The Site also includes any areas where hazardous substance(s) have come to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the Site.

Historical records indicate that the present location of the Site was developed as a lumber mill by the Lufkin Land & Lumber Company as early as 1906. The property was occupied by various commercial wood creosoting ventures from 1937 to 1973. The creosoting facility was reportedly demolished in 1974 and the property was subsequently purchased for development as a commercial retail center.

Towne Square Shopping Center was constructed beginning in 1976 and the commercial retail facility has been in continuous operation on the western portion of the Site, with various expansions completed during the period between 1977 and 1986. The eastern undeveloped portion of the property has been inactive since 1974. Residual creosote constituents including volatile and semi-volatile compounds and non-aqueous phase liquid (NAPL) have been found at the Site.

The Site has been accepted into the TNRCC Voluntary Cleanup Program and is therefore eligible for deletion from the State Registry as provided by 30 TAC §335.344(c).

The Higgins Site Committee (HSC) conducted a remedial investigation and prepared a feasibility study (FS) under an agreed administrative order with the TNRCC. The FS indicated that the most appropriate remedy for impacted soil at the Site is consolidating and capping. The most appropriate remedy for the impacted groundwater is NAPL recovery to the extent practicable, with monitored natural attenuation of the dissolved phase semi-volatile organic compounds. The remedy described in the FS will be conducted under the TNRCC Voluntary Cleanup Program.

In accordance with §335.344(b), the commission will hold a public meeting to receive comments on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on Thursday, April 25, 2002, at 2:00 p.m. at the TNRCC Park 35 Complex, Building D, Room 264, 12100 Park 35 Circle in Austin. The meeting will consist of two parts: an informal discussion period and a formal comment period.

All persons desiring to make comments regarding the proposed deletion of the Site may do so prior to or at the public meeting. All comments regarding the deletion must be received by 5:00 p.m., April 25, 2002, and should be sent in writing to Mr. Dean Perkins, Texas Natural Resource Conservation Commission, Remediation Division, Superfund Cleanup Section, MC-143, P.O. Box 13087, Austin, Texas, 78711-3087 or by facsimile at (512) 239-2450. The public comment period for this action will end at either 5:00 p.m. on April 25, 2002, or the close of the public meeting on April 25, 2002, whichever is later.

A portion of the record for the Site, including documents pertinent to the executive director's proposed deletion, are available for review during regular business hours at the Kurth Memorial Library, 706 South Raguet Street in Lufkin or by calling (936) 634-7617. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, 78753, or by calling 1-800-633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at 1-800-633-9363. Requests should be made as far in advance as possible.


Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 13, 2002

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