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AGENCY Texas Commission on Environmental Quality
ISSUE 06/27/2003
ACTION Miscellaneous

Notice of Proposed Revision to the Selected Remedy for Materials Recovery Enterprises State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed revision to the selected remedy for the site. The meeting will be held on July 31, 2003, at the Jim Ned High School Cafetorium, in Tuscola, Texas.

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed revision to the selected remedy for the Materials Recovery Enterprises state Superfund site (MRE Site).

The MRE site is an abandoned commercial Class I industrial solid waste disposal facility located approximately 0.25 mile north of Farm-to-Market 604 and 0.5 mile east of US 83 about four miles southwest of Ovalo, and about 20 miles south southwest of Abilene, Taylor County, Texas. The site consists of five tracts of land totaling 11.47 acres. The primary waste storage unit was a decommissioned Atlas missile silo which the Materials Recovery Enterprises, Inc., company converted to receive wastes. The facility also contained a truck unloading platform, an evaporation pond, a drum storage area, and the buried remnants of the liner from the evaporation pond.

The MRE Site was proposed for listing on the state registry of Superfund sites in the July 25, 1997 issue of the Texas Register (22 TexReg 6970). In accordance with 30 TAC §335.349(a), concerning General Requirements for Remedial Activities, and Texas Health and Safety Code, §361.187, concerning Proposed Remedial Action, a public meeting regarding the proposed remedial action was held in Tuscola, Texas on November 8, 2001. The purpose of the meeting was to provide information to the public and accept comments on the remedy which was initially proposed. That remedy called for removal and disposal of a portion of the water from the missile silo and evaporation pond, and the permanent disposal of the remaining water in the silo.

In order to address public concern that the water in the silo should be removed, and to alleviate the burden and expense of long-term monitoring of the silo water levels, the TCEQ is proposing to revise the previously-selected remedy to require the following enhancements: 1) removal of the majority of the water from the silo; 2) on-site treatment and spray evaporation of the water from the silo and evaporation pond; and 3) filling the silo with soil and flowable fill or low strength concrete. This remedy will also reduce the need for long-term maintenance at the site.

A public meeting will be held at the Jim Ned High School Cafetorium, 830 Garza Avenue, Tuscola, Texas, on Thursday, July 31, 2003, at 7:00 p.m. to discuss proposed revisions to the previously-selected remedy. The public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The commission also published notice of the meeting in the June 26, 2003 edition of the Jim Ned Journal, a newspaper of general circulation in the county in which the facility is located.

All persons desiring to make comments on the proposed revision to the selected remedy for the silo 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. July 31, 2003 and should be submitted in writing to Mr. Jeffrey E. Patterson, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087. The public comment period for this proposed revision to the selected remedy for the silo will end at the completion of the public meeting on July 31, 2003.

A portion of the records for this site, including documents pertinent to the proposed revision to the selected remedy, is available for review during regular business hours at the Abilene Public Library, located at 202 Cedar Street, Abilene, Texas, (915) 677-2474 and the Tuscola Mayor's Office, Tuscola City Hall, located at 418 Graham, Tuscola, Texas, (915) 554-7766. Copies of the complete public record file may be obtained during regular business hours at the TCEQ Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, (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.

For further information regarding the public meeting, please call Mr. John Flores, TCEQ Community Relations, (800) 633-9363, extension 5674.


Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 17, 2003

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