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AGENCY Texas Commission on Environmental Quality
ISSUE 04/05/2002
ACTION Miscellaneous

Notice of Intent to Delete the Harkey Road Site in Pearland, Texas from the State Superfund Registry

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a notice of intent to delete the Harkey Road state Superfund site (the site) from the state registry, the 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 ED determined that the site no longer presents such an endangerment due to the removal actions that have been performed at the site.

The site, including all land, structures, appurtenances, and other improvements, is approximately 2/3 acre in size and is located at 17111 Harkey Road in an unincorporated section of Brazoria County, approximately two miles south of the City of Pearland, Texas. The site also includes any areas where hazardous substance(s) had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site. The site was proposed for listing on the state registry in the April 27, 2001 edition of the Texas Register (26 TexReg 3252) and the April 25, 2001 edition of the Pearland Journal.

After a public meeting on June 4, 2001, the commission initiated a removal action at the site. Excavation, stabilization, transport, and disposal activities were performed through mid-August 2001, with a total of 2,795 cubic yards of lead-impacted soil being removed from the site and from two residential properties. This soil was stabilized with Portland cement and transported for disposal to the Browning Ferris Industries Landfill in Brazoria County, Texas. All the excavated areas, both on the site and on the residential properties were backfilled with clean soil and restored.

During the removal action four monitor wells were installed at the perimeter of the site. The monitor wells were sampled four times and analyzed for lead and arsenic. The concentrations of lead and arsenic were determined to be much below the federal drinking water standards. Therefore, the groundwater is not impacted by the soil contaminants. If the public agrees with the proposed delisting, the monitor wells will be plugged and abandoned.

The Harkey Road Site has been cleaned to the groundwater protection limit and is appropriate for residential use. No further actions will be necessary.

In accordance with 30 TAC §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 May 7, 2002 at 7:00 p.m. at the H. C. Carleston Elementary School, 3010 Harkey Road, Pearland, Texas.

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 submitted prior to the public meeting must be received by 5:00 p.m. May 7, 2002, and should be sent in writing to Mr. Subhash Pal, Project Manager, TNRCC, Remediation Division, Superfund Cleanup Section, MC 143, P.O. Box 13087, Austin, TX 78711-3087 or faxed to the attention of Mr. Subhash Pal at (512) 239-2450. The public comment period for this action will end at the close of the public meeting of May 7, 2002.

A portion of the record for the site including documents pertinent to the ED's proposed deletion are available for review during regular business hours at the Pearland Library, 3522 Liberty Drive, Pearland, Texas, 77581, telephone (281) 485-4876. 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, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.


Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 27, 2002

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