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AGENCY Texas Commission on Environmental Quality
ISSUE 07/05/2002
ACTION Miscellaneous

Notice of Intent to Propose Lyon Property for Listing on the Texas Superfund Registry

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that 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 most recent registry listing of these facilities was published in the May 24, 2002 issue of the Texas Register (27 TexReg 4633-34).

In accordance with §361.184 (a), the commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located, a notice of intent to list a facility on the state registry of state Superfund sites. With this publication, the TNRCC hereby gives notice of a facility or area that the executive director (ED) determined eligible for listing and which the ED proposes to list on the state registry. This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the ED. This notice of intent to list this facility was also published on July 3, 2002, in the Junction Eagle.

The facility proposed for listing is the Lyon Property site, located on U.S. 385, approximately 1 mile north of the intersection of Farm Road 1871 and U.S. 385, London, Kimble County, Texas. The geographic coordinates of the site are Latitude: 30ø, 34 minutes, 51 seconds North; Longitude: 99ø, 35 minutes, 29 seconds West. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the TNRCC to evaluate potential relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The Lyon property covers six acres in an area adjacent to the Llano River. A small wire burning operation was conducted at the site for metal recovery. The burn site encompassed an area of 75 by 60 feet. The natural grade of the property slopes from the burn site down to the Llano River.

Sampling of soils at the burn site indicated elevated concentrations of cadmium, lead, and total petroleum hydrocarbons. The primary pathway of concern for potential human health and the environmental impacts is the surface water pathway. The site is located on topography that slopes toward the Llano River, a known fishery. The overland flow component begins at the contaminated soil and extends to the Llano River.

A public meeting may be requested regarding the proposed listing of the Lyon Property site on the state Superfund registry. The public meeting must be requested by submitting a written request by 5:00 p.m., August 6, 2002. Interested parties may submit a written request for a public meeting or may submit written comments to the commission relative to the proposed listing of the Lyon Property site to the attention of Ms. Carol Dye, Remediation Division, Texas Natural Resource Conservation Commission, MC 143, P.O. Box 13087, Austin, Texas 78711-3087; or by facsimile at (512) 239-2450.

If a public meeting is requested regarding the proposed listing of this facility on the state Superfund registry, the commission shall publish general notice of the date, time, and location of the public meeting in the Texas Register and in the Junction Eagle. The public meeting notice shall be provided no later than the 31st day before the date of the meeting. If a public meeting is requested, it will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

A portion of the record for this site, including documents pertinent to the ED's determination of eligibility is available for review at the Kimble County Library, 208 North 10th Street, Junction, Texas 76849, during regular business hours. Copies of the complete public record 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. 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.

TRD-200203984

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002



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