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]


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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


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