City Council approves Environmental Engineers for Public Safety Headquarters & Other Projects
By: Jose G. Landa, Eagle Pass Business Journal, Inc. Copyright 2015
By: Jose G. Landa, Eagle Pass Business Journal, Inc. Copyright 2015
The Eagle Pass City Council approved a one year agreement between the City of Eagle Pass and Raba Kistner Environmental, Inc. for “as needed” Geotechnical Engineering, Environmental Consulting and Engineering, Construction Materials Engineering, Testing and Observation and other services at their special meeting held on Tuesday, July 21, 2015.
During discussion of Agenda Item No. 6, Eagle Pass City Manager Gloria Barrientos advised City Council that the first environmental project that would be reviewed by Raba Kistner would be the Texas National Guard Armory, the proposed site of the new Eagle Pass Public Safety Headquarters scheduled to house both the City of Eagle Pass Fire and Police Departments.
City Manager Barrientos stated that Raba Kistner would be used in on an “as needed basis” for City of Eagle Pass projects to review environmental issues. “This is for a one year term and is for projects that will not exceed $50,000,” said Barrientos. The total cost of the one year agreement with Raba-Kistner Environmental is $120, 618.
“One of the first projects that we will be asking them to work on is the Public Safety Complex, a survey,” said Barrientos.
Mayor Pro-Tem Rudy Villapando asked City Manager Gloria Barrientos if there was any problems at the proposed Public Safety headquarters property. “Is there a problem with the environment, the building or the area? Is that why we are asking for that?,” asked Villalpando to Barrientos.
“The reason we are asking for this contract is because, I know we had gone out for quotes a few months ago and we picked 3 to 4 different engineering companies for different services. We just want to have them (Raba-Kistner) on board for when we need them. As far as the Public Safety Complex, there’s been studies done but just before we move forward, we just want to verify everything,” said Barrientos.
Villapando and Councilwoman Yolanda Ramon asked Barrientos if to her personal knowledge was there any environmental studies done on the Public Safety Headquarters property and whether those studies had raised any environmental issues of concern.
“As far as the information that I have received, no. It’s just been rumors,” answered City Manager Gloria Barrientos.
Councilwoman Gloria Hernandez asked City Manager Barrientos what were these “rumors” about.
“Of the Public Safety Complex, rumors,” answered City Manager Barrientos.
Councilman Luis E. Sifuentes asked City Manager Barrientos “Do you have any reports?”
Legal counsel Paul Fletcher of Langley & Banack intervened and stated that an expert was being hired to determine if there are any environmental concerns and to conduct a geo-technical analysis of the foundation of the improvements that are on that site (Public Safety Headquarters property-Texas National Armory).
“We are trying to identify whether or not there are any issues that need to be addressed before going forward in the construction of the Public Safety Headquarters,” added Legal counsel Fletcher
“Was there anything done before, when they constructed the building? It belonged to the government,” asked Mayor Pro-Tem Villalpando.
Fletcher concurred that it did belong to the federal government.
“You don’t have a study on that?,” questioned Villalpando to Fletcher.
Councilman Sifuentes and City Manager Barrientos both noted that the hiring of Raba-Kistner was not just for the Public Safety Headquarters project but for any other City of Eagle Pass project and any other possible needs of the City of Eagle Pass.
Eagle Pass Mayor Ramsey English Cantu intervened and stated that “I think with the recent questions that have been raised as far as any environmental issues, that may have, of course, we don’t know they have of course just been rumored, we just want to make sure that those issues are addressed prior to moving forward,“ said Mayor Cantu.
Mayor Cantu added that in speaking to the Public Safety Complex construction manager, they highly recommend that an environmental assessment study be done before starting construction.
“So, if there is a problem? Do we have any other alternative site that we have chosen to move it to?,” asked Mayor Pro-Tem Villalpando.
“First, we need to get past the environmental,” replied Mayor Cantu.
Mayor Cantu added that in discussions held with the architectural firm and project construction manager of the Public Safety Headquarters Project, there have been no concerns and it should not be a problem in moving forward. “That’s what was told to us,” said Mayor Cantu.
Mayor Cantu advised City Council that as a precautionary measure and through the recommendations of those involved in the construction of the Public Safety Headquarters facility that the environmental survey should be done.
Councilwoman Yolanda Ramon raised her concerns about whether the environmental review would find some problems with the Public Safety Headquarters Property, the public would cause an “uproar.”
Legal counsel Fletcher noted that is precisely why the environmental survey was being done now before anything could move forward. “Any engineering that has been done to this point can likely be used at a new building in another location,” said Fletcher.
“And the property was donated to the city,” added City Manager Gloria Barrientos.
City Councilwoman Gloria E. Hernandez replied that “The study even if there were no rumors was something that needed to be done.”
Mayor Cantu noted that the environmental engineering services were for any City of Eagle Pass building project and not just for the Public Safety Headquarters building and is to be handled in on an “as needed basis.”
City Manager Barrientos explained how that the environmental survey on the Public Safety Headquarters project worked out and that it was already budgeted as part of the construction costs.
Mayor Cantu called for a motion to approve Raba-Kistner’s one year agreement to provide environmental and other engineering services to the City of Eagle Pass on an “as needed basis.” The City Council unanimously approved to hire Raba-Kistner Environmental, Inc. for one year to provide environmental and other engineering services.
Although the City of Eagle Pass dismissed potential environmental issues with the Public Safety Headquarters property as mere “rumors,” there are some previous environmental studies done on the Texas National Armory Property and available through the U.S. Environmental Protection Agency (EPA) Dallas, Texas Regional Office. One such study is a Preliminary Assessment (PA) Study performed in October 1995 by Pacific Western Technologies, LTD of the Texas Army National Guard Armory property in a manner consistent with both the Department of Defense Installation Restoration Program (IRP) and the United States EPA potential hazardous waste site preliminary assessment guidance and under the authority and direction of the IRP and the Comprehensive Environmental Response and Liability Act (CERCLA) and the Superfund Amendments and Reauthorization Act 1986.
The 1995 Preliminary Assessment report notes that an existing report entitled “Texas Army National Guard Armory Final Environmental Comprehensive Assessment Report,” dated April 1993, clearly indicates that the Eagle Pass, Texas Army National Guard Armory site had not been previously screened for pre-existing environmental impacts and concerns prior to acquisition.
The 1993 Study at that time stated that during a site visit conducted during the study found that some areas of unusually stressed vegetation and lack of biotic diversity on the armory property, which indicated possible soil contamination on the property.
The 1995 Preliminary Assessment addressed potential operations around the vicinity at some point in time, including a Fluorspar material stockpile which was located approximately 300 feet south of the armory site and a Fluorspar ore processing plant approximately 500 feet south of the site.
The 1995 Preliminary Assessment report states that a SESA Fluorspar Ore Refining Plant was located in the proximity of the Eagle Pass, Texas Army National Guard Armory site. The Fluorspar Ore Refining Plant came into operation in the 1950’s and operated for close to 40 years into the 1990’s.
The SESA Fluorspar Plant’s main function was to produce acid-grade fluorspar, which is involved in the production of aluminum and other components.
Fluorspar or Fluorite is also known to have high contents of arsenic an element that often causes toxicity for multicellular life due to its presence in quantities far larger than needed.
Arsenic is a known substance harmful to human beings in high levels of contamination.
Arsenic contamination of groundwater is one of the problems that affects millions of people across the world.
The 1995 Preliminary Assessment report states that Fluorspar from the plant was acquired by the Federal Government as strategic materials and was stored approximately 300 feet south of the armory property.
“In 1982, the SESA site (Fluorspar Ore Refining Plant) was listed in the CERCLA information system (Superfund or Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA is a United States federal law designed to clean up sites contaminated with hazardous substances as well as broadly defined “pollutants or contaminants as a discovered site and was the subject of a Preliminary Assessment by the U.S. EPA in early 1983. The listed status of this site is not currently nor was formerly on the proposed or final National Priority List (NPL) and no further remedial action planned.” “This facility is no longer active.”
During the 1995 Preliminary Study there were multiple soil samplings taken from the 5 acre property site where the Texas Army National Guard Armory is located at 489 S. Monroe Street in Eagle Pass. The analysis of the soil samples indicated that the area south of the Armory parking lot “indeed contained elevated concentrations of Arsenic and Beryllium which were above the Texas Risk Reduction Standards for those elements.”
Borings of up to 24 inches in depth were drilled and arsenic and Beryllium in higher concentrations were detected at the top levels of soil up to 12 inches in depth.
Based on the current Risk Reduction Standards in the Texas Industrial and Municipal Solid Waste Regulations (30 TAC 335, Subchapter S) and TCEQ, the working action level concentration for total arsenic is 20 parts per million (PPM) . Four of the samples obtained from the Texas National Armory property site were found to be at or above this concentration.
The four samples detected of concern had 31 PPM, 34PPM, 23 PPM and 20 parts per million, respectively.
The 1995 Preliminary Assessment Study and TCEQ recommends the removal of arsenic contaminated soils containing concentrations above 20 ppm and submit information regarding soil contamination to public records for deed recordation.
Beryllium in high level exposure also has possible ill-effects to those who are exposed to it. Although the general population is exposed to normally low levels of Beryllium in air, food and water in the course of their daily lives, people working or living near Beryllium industries have a greater risk potential of exposure. People working in industries where beryllium is mined, processed, machined, or converted into metal, alloys, and other chemicals may be exposed to high levels of beryllium.
Higher-than-normal levels of beryllium may also be in soil at hazardous waste sites so those living near uncontrolled hazardous waste sites may be exposed to higher than normal levels of beryllium as well.
Exposure to beryllium can affect the lungs and/or skin. However, not everyone will develop health effects from beryllium exposure.
People who work closely with beryllium as part of their employment have the greatest risk of developing health effects from beryllium. However, people who have had only infrequent exposure to beryllium may still develop health effects. Some individuals develop health effects shortly after exposure, while others may develop health effects many years after exposure has stopped.
Once a person has been exposed to beryllium, they have a lifelong risk of developing disease even if exposure stops.
Beryllium usually affects the respiratory system, although it can affect other parts of the body as well. Different types of illnesses or health effects associated with beryllium include Beryllium sensitization, Chronic Beryllium Disease (CBD), Lung Cancer, Acute Beryllium Disease and Skin Diseases.
The 1995 Preliminary Assessment report notes that Robert E. Lee Elementary School, which is located approximately 1,200 feet northwest of the armory property, as the closest facility with an at-risk population based on the age group and consistency of occupation near the site.
The 1995 report further states that public parks and baseball fields are also located 200 feet directly west of the armory property but that occupation of those facilities are intermittent. The nearest residential areas to the armory are located approximately 500 feet east and 700 feet north of the site in accordance to the PA report.
The 1995 report states that an estimated permanent residential population of 400 was located within a ¼ mile radius of the armory property. Today, that population level is believed to have multiplied by more than 3 times around the same perimeter described in the study.
The report’s interpretation of findings, recommendations and conclusions state that after the assessment it was determined that the operations on the armory property had not contributed to the presences of substances that were under investigation on or near the property.
“Findings of this PA indicate that pre-existing conditions and previous uses of the site and vicinity are the primary sources of potentially harmful substances found on the armory property and the surrounding area. Elevated concentrations of heavy metals, particularly arsenic and beryllium, were found in the soil collected at the armory site. The area of greatest concern that was detected in the samples analyzed was arsenic.”
The 1995 report’s conclusion states that the potentially harmful constituents detected in the soil samples obtained on the site during the modified PA include arsenic and beryllium; however, the concentrations of these substances were not regarded as immediately harmful to life and health at the time of the study in 1995.
“The maximum concentrations of arsenic and beryllium (34 mg/kg and 1.7 mg/kg, respectively) exceed Texas Risk Reduction Standards as set forth in the Industrial and Solid Waste Regulations (30TAC 335) and therefore constitute and undetermined level of concern to personnel on the site and nearby civilian populations. An estimated 12,000 to 20,000 square feet of the surface soil to depths ranging from 0.5 to 1 foot or 6,000 to 20,000 cubic feet or 222 to 740 cubic yards appear to contain detectable concentrations of arsenic which exceed the maximum Texas Risk Reduction Standards.”
The report states that the most likely route of transport of contaminants from the armory site would be by mechanical or airborne particulates. The report found that the City of Eagle Pass potable water is not compromised due to the findings under the study.
The 1995 study recommendations were to control the access to the site to limit the exposure to civilian populations. Avoid disturbance of the ground surface, particularly non-vegetated areas. The report also recommended that a coordination process be set with the Texas Commission of Environmental Quality (TCEQ) regarding stabilization or removal of surface soils in the areas adjacent to the parking lot south of the armory building.
The report further gives other alternatives through TCEQ’s Industrial Hazardous Waste Corrective Action Section Closure Team personnel.
Among the alternatives defined are; remove arsenic contaminated soils containing concentrations above background levels. This action would not require deed recordation and future legal liability would be minimized; remove arsenic contaminated soils containing concentrations above 20 ppm and submit information regarding soil contamination to public records for deed recordation. Legal liabilities for hazardous substances would be extant; install engineering controls to prevent dispersal of contamination and install monitor wells for perpetual detection of potential contamination migration. Deed recordation would be required and legal liabilities would be extant; provide a suitable ground cover to prevent airborne or mechanical dispersal of surface soils and provide analytical evidence that the risk of leaching of hazardous substances will remain low. Deed recordation would be required and legal liabilities would be extant.
Both the 1993 and 1995 Preliminary Assessment Reports are readily available as public information records from the U.S. EPA Dallas, Texas Regional Office. According to the City of Eagle Pass officials comments dismissing potential environmental concerns regarding the Public Safety Headquarters as merely “rumors”, it appears that the City of Eagle Pass City Council and City Manager have not obtained copies of these 1993 and 1995 studies.
Now that the City Council has hired Raba-Kistner Environmental, Inc. to provide environmental engineering services, including the Public Safety Headquarters property, Eagle Pass taxpayers hope that Raba-Kistner obtains these two reports and conducts the appropriate soil testing of the Texas National Guard Armory property before constructing the estimated $6.5 Million Public Safety Headquarters.
