Proposed CERCLA Administrative Settlement; Circle DE Lumber Site, Klamath Falls, OR, 40589-40590 [E9-19304]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices
environmental, human health, and
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. Since
others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0540. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the
cancellation of all end-use and
manufacturing-use bromonitrostyrene
products registered under section 3 of
FIFRA. These registrations are listed in
sequence by registration number in
Table 1 of this unit.
TABLE 1.—BROMONITROSTYRENE
PRODUCT CANCELLATIONS
Registration No.
Product Name
464–683
Giv-Gard BNS 25% AF
464–684
Bioban BNS 25% BA
Industrial Preservative
jlentini on DSKJ8SOYB1PROD with NOTICES
464–686
Canguard 777 Industrial Preservative
74655-5
Spectrum RX-41
74655-8
Spectrum RX -45
74655-13
Spectrum RX -52
Table 2 of this unit includes the
names and addresses of record for all
VerDate Nov<24>2008
16:38 Aug 11, 2009
Jkt 217001
registrants of the products in Table 1 of
this unit, in sequence by EPA company
number.
TABLE 2.—REGISTRANTS OF CANCELLED
BROMONITROSTYRENE
PRODUCTS
EPA Company
No.
464
74655
Company Name and
Address
The Dow Chemical
Company
1500 E. Lake Cook
Road
Buffalo Grove, IL
60089
Hercules Incorporated
Paper Technology
and Ventures
7910 Baymeadows
Way
Jacksonville, FL 32256
III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received no comments in
response to the August 27, 2008 Federal
Register notice (73 FR 50614; FRL
8378–4) announcing the Agency’s
receipt of the requests for voluntary
cancellation of all Bromonitrostyrene
products.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
cancellations of Bromonitrostyrene
registrations identified in Table 1 of
Unit II. Accordingly, the Agency orders
that the Bromonitrostyrene product
registrations identified in Table 1 of
Unit II. are hereby cancelled. Any
distribution, sale, or use of existing
stocks of the products identified in
Table 1 of Unit II in a manner
inconsistent with any of the Provisions
for Disposition of Existing Stocks set
forth in Unit VI. will be considered a
violation of FIFRA.
V. What is the Agency’s Authority for
Taking this Action?
Section 6(f)(1) of FIFRA provides that
a registrant of a pesticide product may
at any time request that any of its
pesticide registrations be canceled or
amended to terminate one or more uses.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register. Thereafter,
following the public comment period,
the Administrator may approve such a
request.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
40589
VI. Provisions for Disposition of
Existing Stocks
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
The cancellation order issued in this
notice includes the following existing
stocks provisions.
List of Subjects
Environmental protection, Pesticides
and pests, Bromonitrostyrene,
Antimicrobials.
Dated: July 20, 2009.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. E9–19312 Filed 8–11–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[ FRL–8944–2 ]
Proposed CERCLA Administrative
Settlement; Circle DE Lumber Site,
Klamath Falls, OR
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
SUMMARY: In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (CERCLA), 42 U.S.C. 9622(i),
notice is hereby given of a proposed
administrative settlement for the
recovery of past response costs incurred
at the Circle DE Lumber Site in Klamath
Falls, Oregon with settling parties: Mr.
and Mrs. Daniel G. and V. Elouise
Brown and associated entities including
the Circle DE Lumber Company, Francis
D. Brown and Son Logging, Inc., and the
Daniel G. Brown Trust U.T.A.D. and
Elouise Brown Trust U.T.A.D. The
settlement requires the settling parties
to implement institutional controls in
the form of proprietary restrictions
placed on the Circle DE Lumber Site,
and to execute an Environmental Trust
Agreement that assigns the rights under
certain insurance policies issued to the
settling parties to an environmental
trust established for the benefit of the
Agency. The settlement includes a
covenant not to sue or take
administrative action against the settling
parties pursuant to Sections 106 or
107(a) of CERCLA, 42 U.S.C. 9606 or
9607(a). For thirty (30) days following
E:\FR\FM\12AUN1.SGM
12AUN1
jlentini on DSKJ8SOYB1PROD with NOTICES
40590
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices
the date of publication of this notice, the
Agency will receive written comments
relating to the settlement. The Agency
will consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at the U.S. EPA Region 10
offices, located at 1200 Sixth Avenue,
Seattle, Washington 98101.
DATES: Comments must be submitted on
or before September 11, 2009.
ADDRESSES: The proposed settlement is
available for public inspection at the
U.S. EPA Region 10 offices, located at
1200 Sixth Avenue, Seattle, Washington
98101. A copy of the proposed
settlement may be obtained from Carol
Kennedy, Regional Hearing Clerk, U.S.
EPA Region 10, Mail Stop ORC–158,
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101; (206) 553–0242.
Comments should reference the Circle
DE Lumber Site in Klamath Falls,
Oregon, EPA Docket No. CERCLA–10–
2009–0211 and should be addressed to
Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop
ORC–158, 1200 Sixth Avenue, Suite
900, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop
ORC–158, 1200 Sixth Avenue, Suite
900, Seattle, Washington 98101; (206)
553–4710.
SUPPLEMENTARY INFORMATION: The Circle
DE Lumber Site is located in Klamath
Falls, Oregon (Site). Wood treating
operations were conducted at the Site
using a dip tank containing
pentachlorophenol. These operations
and others resulted in the release of
hazardous substances including, but not
limited to, pentachlorophenol, dioxin,
diesel, poly aromatic hydrocarbons,
total petroleum hydrocarbons, and
metals. These hazardous substances
were detected in soil and groundwater
at the Site. The Agency conducted a
time-critical removal action at the Site
in February 2006 that involved
removing the dip tank and associated
structures, excavation and disposal of
437 cubic yards of contaminated soil,
and the installation of monitoring wells
to determine the extent of groundwater
contamination. The Agency incurred
approximately $605,834 in response
costs at the Site.
The Site is currently owned by Mr.
and Mrs. Daniel G. and V. Elouise
Brown. Mr. Brown operated the Site as
a lumber mill between 1975 and 2000
VerDate Nov<24>2008
16:38 Aug 11, 2009
Jkt 217001
and currently leases the Site as a staging
area for equipment. The entities
associated with Mr. Brown’s Site
operations include the Circle DE
Lumber Company and Francis D. Brown
& Son Logging, Inc. The Agency
determined that settling parties have
limited financial ability to pay the
response costs incurred at the Site.
Therefore, the Agency is proposing to
enter into an administrative settlement
that would require the settling parties to
record an easement and equitable
servitude as an institutional control for
the Site, and to execute an agreement
assigning the rights under certain
insurance policies issued to the settling
parties to an Environmental Trust
established for the benefit of the
Agency. The proposed settlement will
release the settling parties from liability
for past response costs incurred by the
Agency subject to certain reserved
rights.
Dated: August 3, 2009.
Daniel D. Opalski,
Director, Office of Environmental Cleanup.
[FR Doc. E9–19304 Filed 8–11–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8937–5]
Tentative Approval and Solicitation of
Request for a Public Hearing for Public
Water System Supervision Program
Revision for the Commonwealth of
Puerto Rico
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: Notice is hereby given that
the Commonwealth of Puerto Rico is
revising its approved Public Water
System Supervision Program to adopt
EPA’s National Primary Drinking Water
Regulations for Lead and Copper: Short
Term Regulatory Revisions and
Clarifications; Final Rule. The EPA has
determined that these revisions are no
less stringent than the corresponding
Federal regulations. Therefore, the EPA
intends to approve these program
revisions. All interested parties may
request a public hearing.
DATES: This determination to approve
Puerto Rico’s primacy program revision
application is made pursuant to 40 CFR
142.12(d)(3). It shall become final and
effective unless (1) a timely and
appropriate request for a public hearing
is received or (2) the Regional
Administrator elects to hold a public
hearing on his own motion. Any
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
interested person, other than Federal
Agencies, may request a public hearing.
A request for a public hearing must be
submitted to the Regional Administrator
at the address shown below September
11, 2009. If a substantial request for a
public hearing is made within the
requested thirty day time frame, a
public hearing will be held and a notice
will be given in the Federal Register
and a newspaper of general circulation.
Frivolous or insubstantial requests for a
hearing may be denied by the Regional
Administrator. If no timely and
appropriate request for a hearing is
received and the Regional Administrator
does not elect to hold a hearing on his
own motion, this determination shall
become final and effective September
11, 2009.
ADDRESSES: Any request for a public
hearing shall include the following
information: (1) Name, address and
telephone number of the individual,
organization or other entity requesting a
hearing; (2) a brief statement of the
requesting person’s interest in the
Regional Administrator’s determination
and a brief statement on information
that the requesting person intends to
submit at such hearing; (3) the signature
of the individual making the requests or,
if the request is made on behalf of an
organization or other entity, the
signature of a responsible official of the
organization or other entity. Requests
for Public Hearing shall be addressed to:
Regional Administrator, U.S.
Environmental Protection Agency—
Region 2, 290 Broadway, New York,
New York 10007–1866.
All documents relating to this
determination are available for
inspection between the hours of 9 a.m.
and 4:30 p.m., Monday through Friday,
at the following offices:
Puerto Rico Department of Health,
Public Water Supply Supervision
Program, 9th Floor—Suite 903,
Nacional Plaza Building, 431 Ponce
De Leon Avenue, Hato Rey, Puerto
Rico 00917.
U.S. Environmental Protection
Agency—Region 2, 24th Floor
Drinking Water Ground Water
Protection Section, 290 Broadway,
New York, New York 10007–1866.
FOR FURTHER INFORMATION CONTACT:
Michael J. Lowy, Drinking Water
Ground Water Protection Section, U.S.
Environmental Protection Agency—
Region 2, (212) 637–3830.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the United States
Environmental Protection Agency (EPA)
has determined to approve an
application by the Commonwealth of
Puerto Rico Department of Health to
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Pages 40589-40590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19304]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[ FRL-8944-2 ]
Proposed CERCLA Administrative Settlement; Circle DE Lumber Site,
Klamath Falls, OR
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed
administrative settlement for the recovery of past response costs
incurred at the Circle DE Lumber Site in Klamath Falls, Oregon with
settling parties: Mr. and Mrs. Daniel G. and V. Elouise Brown and
associated entities including the Circle DE Lumber Company, Francis D.
Brown and Son Logging, Inc., and the Daniel G. Brown Trust U.T.A.D. and
Elouise Brown Trust U.T.A.D. The settlement requires the settling
parties to implement institutional controls in the form of proprietary
restrictions placed on the Circle DE Lumber Site, and to execute an
Environmental Trust Agreement that assigns the rights under certain
insurance policies issued to the settling parties to an environmental
trust established for the benefit of the Agency. The settlement
includes a covenant not to sue or take administrative action against
the settling parties pursuant to Sections 106 or 107(a) of CERCLA, 42
U.S.C. 9606 or 9607(a). For thirty (30) days following
[[Page 40590]]
the date of publication of this notice, the Agency will receive written
comments relating to the settlement. The Agency will consider all
comments received and may modify or withdraw its consent to the
settlement if comments received disclose facts or considerations which
indicate that the settlement is inappropriate, improper, or inadequate.
The Agency's response to any comments received will be available for
public inspection at the U.S. EPA Region 10 offices, located at 1200
Sixth Avenue, Seattle, Washington 98101.
DATES: Comments must be submitted on or before September 11, 2009.
ADDRESSES: The proposed settlement is available for public inspection
at the U.S. EPA Region 10 offices, located at 1200 Sixth Avenue,
Seattle, Washington 98101. A copy of the proposed settlement may be
obtained from Carol Kennedy, Regional Hearing Clerk, U.S. EPA Region
10, Mail Stop ORC-158, 1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101; (206) 553-0242. Comments should reference the Circle
DE Lumber Site in Klamath Falls, Oregon, EPA Docket No. CERCLA-10-2009-
0211 and should be addressed to Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101; (206) 553-4710.
SUPPLEMENTARY INFORMATION: The Circle DE Lumber Site is located in
Klamath Falls, Oregon (Site). Wood treating operations were conducted
at the Site using a dip tank containing pentachlorophenol. These
operations and others resulted in the release of hazardous substances
including, but not limited to, pentachlorophenol, dioxin, diesel, poly
aromatic hydrocarbons, total petroleum hydrocarbons, and metals. These
hazardous substances were detected in soil and groundwater at the Site.
The Agency conducted a time-critical removal action at the Site in
February 2006 that involved removing the dip tank and associated
structures, excavation and disposal of 437 cubic yards of contaminated
soil, and the installation of monitoring wells to determine the extent
of groundwater contamination. The Agency incurred approximately
$605,834 in response costs at the Site.
The Site is currently owned by Mr. and Mrs. Daniel G. and V.
Elouise Brown. Mr. Brown operated the Site as a lumber mill between
1975 and 2000 and currently leases the Site as a staging area for
equipment. The entities associated with Mr. Brown's Site operations
include the Circle DE Lumber Company and Francis D. Brown & Son
Logging, Inc. The Agency determined that settling parties have limited
financial ability to pay the response costs incurred at the Site.
Therefore, the Agency is proposing to enter into an administrative
settlement that would require the settling parties to record an
easement and equitable servitude as an institutional control for the
Site, and to execute an agreement assigning the rights under certain
insurance policies issued to the settling parties to an Environmental
Trust established for the benefit of the Agency. The proposed
settlement will release the settling parties from liability for past
response costs incurred by the Agency subject to certain reserved
rights.
Dated: August 3, 2009.
Daniel D. Opalski,
Director, Office of Environmental Cleanup.
[FR Doc. E9-19304 Filed 8-11-09; 8:45 am]
BILLING CODE 6560-50-P
