Proposed CERCLA Administrative Cost Recovery Settlement; Absorbent Technologies Site, Albany, Oregon, 40286-40287 [2018-17425]
Download as PDF
amozie on DSK3GDR082PROD with NOTICES1
40286
Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
title 40 of the CFR. CROMERR
establishes electronic reporting as an
acceptable regulatory alternative to
paper reporting and establishes
requirements to assure that electronic
documents are as legally dependable as
their paper counterparts. Subpart D of
CROMERR requires that state, tribal or
local government agencies that receive,
or wish to begin receiving, electronic
reports under their EPA-authorized
programs must apply to EPA for a
revision or modification of those
programs and obtain EPA approval.
Subpart D provides standards for such
approvals based on consideration of the
electronic document receiving systems
that the state, tribe, or local government
will use to implement the electronic
reporting. Additionally, § 3.1000(b)
through (e) of 40 CFR part 3, subpart D
provides special procedures for program
revisions and modifications to allow
electronic reporting, to be used at the
option of the state, tribe or local
government in place of procedures
available under existing programspecific authorization regulations. An
application submitted under the subpart
D procedures must show that the state,
tribe or local government has sufficient
legal authority to implement the
electronic reporting components of the
programs covered by the application
and will use electronic document
receiving systems that meet the
applicable subpart D requirements.
On July 18, 2018, the Indiana
Department of Environmental
Management (IDEM) submitted an
application titled Compliance
Monitoring Data Portal for revision to its
EPA-approved drinking water program
under title 40 CFR to allow new
electronic reporting. EPA reviewed
IDEM’s request to revise its EPAauthorized program and, based on this
review, EPA determined that the
application met the standards for
approval of authorized program revision
set out in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this
notice of EPA’s decision to approve
Indiana’s request to revise its Part 142
— National Primary Drinking Water
Regulations Implementation program to
allow electronic reporting under 40 CFR
part 141 is being published in the
Federal Register.
IDEM was notified of EPA’s
determination to approve its application
with respect to the authorized program
listed above.
Also, in today’s notice, EPA is
informing interested persons that they
may request a public hearing on EPA’s
action to approve the State of Indiana’s
request to revise its authorized National
Primary Drinking Water Regulations
VerDate Sep<11>2014
19:13 Aug 13, 2018
Jkt 244001
Implementation program under 40 CFR
part 142, in accordance with 40 CFR
3.1000(f), to allow for electronic
reporting. Requests for a hearing must
be submitted to EPA within 30 days of
publication of today’s Federal Register
notice. Such requests should include
the following information: (1) The
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 EPA’s determination, a brief
explanation as to why EPA should hold
a hearing, and any other information
that the requesting person wants EPA to
consider when determining whether to
grant the request; (3) The signature of
the individual making the request, 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.
In the event a hearing is requested
and granted, EPA will provide notice of
the hearing in the Federal Register not
less than 15 days prior to the scheduled
hearing date. Frivolous or insubstantial
requests for hearing may be denied by
EPA. Following such a public hearing,
EPA will review the record of the
hearing and issue an order either
affirming today’s determination or
rescinding such determination. If no
timely request for a hearing is received
and granted, EPA’s approval of the State
of Indiana’s request to revise its part
142—National Primary Drinking Water
Regulations Implementation program to
allow electronic reporting will become
effective 30 days after today’s notice is
published, pursuant to CROMERR
section 3.1000(f)(4).
Matthew Leopard,
Director, Office of Information Management.
[FR Doc. 2018–17442 Filed 8–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R10–CERCLA–10–2017–0170; FRL–
9980–22—Region 10]
Proposed CERCLA Administrative
Cost Recovery Settlement; Absorbent
Technologies Site, Albany, Oregon
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
AGENCY:
In accordance with section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) notice is hereby given of a
SUMMARY:
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
proposed administrative settlement for
recovery of response costs incurred for
the Absorbent Technologies Site located
in Albany, Oregon. The settling parties
are River City Environmental, Inc.
(River City), David L. Ellis, Pamela L.
Ellis, and Farouk Al-Hadi. The proposed
settlement requires the settling parties
to pay a total of $187,500 to the
Environmental Protection Agency
Hazardous Substance Superfund. Of
that amount, River City will pay
$75,000, and Mr. Ellis, Ms. Ellis, and
Mr. Al-Hadi will jointly pay $112,500.
Upon payment of those sums, the
settling parties will be released from
their obligations for payments to EPA
for costs EPA incurred at the Site prior
to the effective date of the proposed
settlement.
DATES: Comments must be received on
or before September 13, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
CERCLA–10–2017–0170, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT: The
proposed settlement is available for
public inspection at the U.S. EPA
Region 10 office located at 805 SW
Broadway, Suite 500, in Portland,
Oregon. Contact Tom Townsend, EPA
Management Analyst, at (503) 326–2763
or townsend.tom@epa.gov to arrange a
viewing of the proposed settlement. A
copy of the proposed settlement may
also be obtained by contacting Richard
Mednick, EPA Associate Regional
Counsel, at (206) 553–1797 or
mednick.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
General Information
The Absorbent Technologies Site is
comprised of two properties where a
company manufactured a soil additive
which allowed farmers to use less water.
This manufacturing process involved
the use of chemicals, including
acrylonitrile, hydrogen cyanide,
potassium hydroxide, sulfuric acid,
phosphoric acid, methanol and toxic
metals. The properties which comprise
the Site are located at 2830 Ferry Street
SW, and 140 SW Queen Avenue in
Albany, Oregon. When the
manufacturing operations ceased in
October 2013, a substantial amount of
chemicals were discarded on-site.
Following a notice from the Albany Fire
Department, EPA required and
performed cleanup activities at the Site
through April 2014. In a 2014
settlement, EPA received a payment of
$250,000 from owners and operators of
the Site. That settlement resolved a cost
claim of approximately $500,000. The
proposed administrative settlement
agreement which is currently subject to
public comment will require River City
Environmental, Inc., David L. Ellis,
Pamela L. Ellis, and Farouk Al-Hadi,
four owners of personal or real property
at the Queen Avenue portion of the Site,
to pay EPA a total of $187,500. These
parties also funded or performed some
of the cleanup work required by EPA at
the Site. Subsequent to the 2014
settlement, EPA incurred approximately
$364,786 in additional response costs
for the Queen Avenue portion of the
Site. Pursuant to the terms of the
proposed CERCLA section 122(h)(1)
Settlement Agreement for Recovery of
Response Costs, the settling parties will
pay EPA a total of $187,500. Of that
amount, River City will pay $75,000,
and Mr. Ellis, Ms. Ellis, and Mr. Al-Hadi
will jointly pay $112,500. In return for
those payments, EPA covenants not to
sue the settling parties for past response
costs—response costs incurred by EPA
prior to the effective date of the
proposed Settlement Agreement—at the
Site. For 30 days following the date of
publication of this document, EPA will
receive written comments relating to the
proposed settlement. EPA 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.
EPA’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 in
Seattle, Washington, and 805 SW
VerDate Sep<11>2014
19:13 Aug 13, 2018
Jkt 244001
Broadway, Suite 500, in Portland,
Oregon.
Dated: August 8, 2018.
Calvin Terada,
Emergency Management Program Manager,
Region 10 Office of Environmental Cleanup.
[FR Doc. 2018–17425 Filed 8–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2018–0573; FRL–9982–04Region 1]
Program Requirement Revisions
Related to the Public Water System
Supervision Programs for the State of
Connecticut and the State of New
Hampshire
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Notice is hereby given that
the State of Connecticut and the State of
New Hampshire are in the process of
revising their respective approved
Public Water System Supervision
(PWSS) programs to meet the
requirements of the Safe Drinking Water
Act (SDWA).
DATES: A request for a public hearing
must be submitted on or before
September 13, 2018 to the Regional
Administrator.
SUMMARY:
All documents relating to
this determination are available for
inspection between the hours of 8:30
a.m. and 4:00 p.m., Monday through
Friday, at the following office(s):
U.S. Environmental Protection Agency,
Office of Ecosystem Protection, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912.
For state-specific documents:
Connecticut Department of Public
Health, Drinking Water Section, 410
Capital Avenue, Hartford, CT 06134;
and New Hampshire Department of
Environmental Services, Drinking
Water and Groundwater Bureau, 29
Hazen Drive, Concord, NH 03302–
0095.
ADDRESSES:
Jeri
Weiss, U.S. EPA-New England, Office of
Ecosystem Protection, telephone (617)
918–1568).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The State of Connecticut has adopted
drinking water regulations for the Stage
1 Disinfectant and Disinfection
Byproducts Rule (63 FR 69390)
promulgated on December 16, 1998, and
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
40287
the Stage 2 Disinfectant and
Disinfection Byproducts Rule (71 FR
388) promulgated on January 4, 2006.
After review of the submitted
documentation, EPA has determined
that the State of Connecticut’s Stage 1
Disinfectant and Disinfection
Byproducts Rule and Stage 2
Disinfectant and Disinfection
Byproducts Rule are no less stringent
than the corresponding federal
regulations. Therefore, EPA intends to
approve Connecticut’s PWSS program
revision for these rules.
The State of New Hampshire has
adopted drinking water regulations for
the Ground Water Rule (71 FR 65574)
promulgated on November 8, 2006, the
Lead and Copper Short Term Revisions
Rule (72 FR 57782) promulgated on
October 10, 2007, the Revised Total
Coliform Rule (78 FR 10269)
promulgated February 13, 2013, the
Stage 1 Disinfectant and Disinfection
Byproducts Rule (63 FR 69390)
promulgated on December 16, 1998, and
the Stage 2 Disinfectant and
Disinfection Byproducts Rule (71 FR
388) promulgated on January 4, 2006.
After review of the submitted
documentation, EPA has determined
that the state of New Hampshire’s
Groundwater Rule, Lead and Copper
Short-Term Revisions Rule, Revised
Total Coliform Rule, Stage 1
Disinfectant and Disinfection
Byproducts Rule, and the Stage 2
Disinfectant and Disinfection
Byproducts Rule are no less stringent
than the corresponding federal
regulations. In addition, EPA’s primary
enforcement responsibility regulations
require states that accept electronic
documents to have adopted regulations
consistent with 40 CFR part 3
(Electronic reporting). New Hampshire
accepts electronic documents and is in
the process of adopting the necessary
regulations that will supplement the
State’s legal authority under the State’s
Uniform Electronic Transactions Act.
Therefore, EPA intends to approve New
Hampshire’s PWSS program revision for
these rules.
II. Public Hearing Requests
All interested parties may request a
public hearing for any of the EPA
determinations. Frivolous or
insubstantial requests for a hearing may
be denied by the Regional
Administrator.
However, if a substantial request for a
public hearing is made by this date, a
public hearing will be held. If no timely
and appropriate request for a hearing is
received, and the Regional
Administrator does not elect to hold a
hearing on his/her own motion, this
E:\FR\FM\14AUN1.SGM
14AUN1
Agencies
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40286-40287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17425]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-CERCLA-10-2017-0170; FRL-9980-22--Region 10]
Proposed CERCLA Administrative Cost Recovery Settlement;
Absorbent Technologies Site, Albany, Oregon
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 (CERCLA) notice
is hereby given of a proposed administrative settlement for recovery of
response costs incurred for the Absorbent Technologies Site located in
Albany, Oregon. The settling parties are River City Environmental, Inc.
(River City), David L. Ellis, Pamela L. Ellis, and Farouk Al-Hadi. The
proposed settlement requires the settling parties to pay a total of
$187,500 to the Environmental Protection Agency Hazardous Substance
Superfund. Of that amount, River City will pay $75,000, and Mr. Ellis,
Ms. Ellis, and Mr. Al-Hadi will jointly pay $112,500. Upon payment of
those sums, the settling parties will be released from their
obligations for payments to EPA for costs EPA incurred at the Site
prior to the effective date of the proposed settlement.
DATES: Comments must be received on or before September 13, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
CERCLA-10-2017-0170, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: The proposed settlement is available
for public inspection at the U.S. EPA Region 10 office located at 805
SW Broadway, Suite 500, in Portland, Oregon. Contact Tom Townsend, EPA
Management Analyst, at (503) 326-2763 or [email protected] to
arrange a viewing of the proposed settlement. A copy of the proposed
settlement may also be obtained by contacting Richard Mednick, EPA
Associate Regional Counsel, at (206) 553-1797 or
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 40287]]
General Information
The Absorbent Technologies Site is comprised of two properties
where a company manufactured a soil additive which allowed farmers to
use less water. This manufacturing process involved the use of
chemicals, including acrylonitrile, hydrogen cyanide, potassium
hydroxide, sulfuric acid, phosphoric acid, methanol and toxic metals.
The properties which comprise the Site are located at 2830 Ferry Street
SW, and 140 SW Queen Avenue in Albany, Oregon. When the manufacturing
operations ceased in October 2013, a substantial amount of chemicals
were discarded on-site. Following a notice from the Albany Fire
Department, EPA required and performed cleanup activities at the Site
through April 2014. In a 2014 settlement, EPA received a payment of
$250,000 from owners and operators of the Site. That settlement
resolved a cost claim of approximately $500,000. The proposed
administrative settlement agreement which is currently subject to
public comment will require River City Environmental, Inc., David L.
Ellis, Pamela L. Ellis, and Farouk Al-Hadi, four owners of personal or
real property at the Queen Avenue portion of the Site, to pay EPA a
total of $187,500. These parties also funded or performed some of the
cleanup work required by EPA at the Site. Subsequent to the 2014
settlement, EPA incurred approximately $364,786 in additional response
costs for the Queen Avenue portion of the Site. Pursuant to the terms
of the proposed CERCLA section 122(h)(1) Settlement Agreement for
Recovery of Response Costs, the settling parties will pay EPA a total
of $187,500. Of that amount, River City will pay $75,000, and Mr.
Ellis, Ms. Ellis, and Mr. Al-Hadi will jointly pay $112,500. In return
for those payments, EPA covenants not to sue the settling parties for
past response costs--response costs incurred by EPA prior to the
effective date of the proposed Settlement Agreement--at the Site. For
30 days following the date of publication of this document, EPA will
receive written comments relating to the proposed settlement. EPA 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. EPA'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 in Seattle, Washington, and 805 SW Broadway, Suite 500, in
Portland, Oregon.
Dated: August 8, 2018.
Calvin Terada,
Emergency Management Program Manager, Region 10 Office of Environmental
Cleanup.
[FR Doc. 2018-17425 Filed 8-13-18; 8:45 am]
BILLING CODE 6560-50-P