80_FR_67609 80 FR 67398 - Proposed CERCLA Administrative Cost Recovery Settlement; Ashue Road Site, Wapato, Yakima County, WA

80 FR 67398 - Proposed CERCLA Administrative Cost Recovery Settlement; Ashue Road Site, Wapato, Yakima County, WA

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range67398-67398
FR Document2015-27885

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 recovery of response costs incurred for the Ashue Road Site located at Section 17, Township 11, Range 19 in Wapato, Yakima County, Washington. Under this proposed settlement, the settling parties are Groat Bros., Inc., T.W. Clark Construction, LLC, and the Wapato School District No. 207. The proposed settlement requires the settling parties to pay $95,000 to the Environmental Protection Agency Hazardous Substance Superfund. Upon payment of this sum to Environmental Protection Agency (EPA), 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. For 30 days following the date of publication of this notice, the EPA will receive written comments relating to the proposed settlement. The 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. The EPA's response to any comments received will be available for public inspection at the U.S. EPA Region 10 Office, located at 1200 Sixth Avenue, Seattle, Washington 98101.

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Page 67398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27885]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-CERCLA-10-2015-0134; FRL-9936-44-Region-10]


Proposed CERCLA Administrative Cost Recovery Settlement; Ashue 
Road Site, Wapato, Yakima County, WA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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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 recovery of response costs incurred for 
the Ashue Road Site located at Section 17, Township 11, Range 19 in 
Wapato, Yakima County, Washington. Under this proposed settlement, the 
settling parties are Groat Bros., Inc., T.W. Clark Construction, LLC, 
and the Wapato School District No. 207. The proposed settlement 
requires the settling parties to pay $95,000 to the Environmental 
Protection Agency Hazardous Substance Superfund. Upon payment of this 
sum to Environmental Protection Agency (EPA), 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.
    For 30 days following the date of publication of this notice, the 
EPA will receive written comments relating to the proposed settlement. 
The 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. The EPA's response to any comments received 
will be available for public inspection at the U.S. EPA Region 10 
Office, located at 1200 Sixth Avenue, Seattle, Washington 98101.

DATES: Comments must be received on or before December 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
CERCLA-10-2015-0134, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
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. The 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ted Yackulic, Assistant Regional 
Counsel, Office of Regional Counsel, Mail Stop ORC-113, Environmental 
Protection Agency, 1200 Sixth Avenue, Suite 900, Seattle, Washington 
98101; telephone number: (206) 553-1218; fax number: (206) 553-1762; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

    The ASHUE ROAD SITE is located at Section 17, Township 11, Range 19 
in Wapato, Yakima County, WA, and is located on fee property within the 
reservation for the Yakama Nation. The Site covers approximately 2.46 
acres. There is a residential home within the Site. The area 
surrounding the Site supports agricultural and residential uses. During 
2012 a portion of the Wapato High School in Wapato, Washington was 
demolished. The Wapato School District No. 207 engaged T.W. Clark 
Construction, LLC as the general contractor for the demolition work. 
T.W. Clark Construction, LLC hired Groat Bros., Inc. as sub-contractor 
for performing demolition work and transporting demolition materials 
from the High School. The demolition work included the demolition of 
materials that contained asbestos. A portion of materials generated 
during the Wapato High School demolition project were transported to 
the Site for disposal. The Site is not licensed by the State of 
Washington, Yakima County, or the Yakama Nation to receive demolition 
materials or materials that contain hazardous substances for disposal. 
EPA conducted a field investigation of the Site on October 5, 2012. 
EPA's investigation revealed the presence of asbestos in the demolished 
materials disposed of at the Site. Asbestos is a hazardous substance. 
EPA oversaw the performance of a removal action at the Site by T.W. 
Clark Construction, LLC, and Groat Bros. Inc. The removal action 
involved the excavation and off-Site disposal of the high school 
demolition wastes. EPA incurred approximately $311,330.96 performing or 
overseeing the performance of response costs at the Site. Pursuant to 
the terms of the CERCLA Section 122(h)(1) Settlement Agreement for 
Recovery of Response Costs, the settling parties will pay EPA $95,000. 
In return for the payment of this amount, EPA covenants not to sue the 
settling parties for past response costs--response costs incurred by 
EPA prior to the effective date of the Settlement Agreement--at the 
Site. In the event that EPA continues to incur response costs at the 
Site, EPA's covenant not to sue does not include costs incurred by EPA 
after the effective date of the Settlement Agreement.

    Dated: October 15, 2015.
Chris D. Field,
Manager, Emergency Management Program, EPA Region 10.
[FR Doc. 2015-27885 Filed 10-30-15; 8:45 am]
BILLING CODE 6560-50-P



                                                    67398                       Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices

                                                    of 1974, Public Law 93–523, 42 U.S.C.                   at the Site prior to the effective date of            There is a residential home within the
                                                    300j-5, and is operated in accordance                   the proposed settlement.                              Site. The area surrounding the Site
                                                    with the provisions of the Federal                         For 30 days following the date of                  supports agricultural and residential
                                                    Advisory Committee Act (FACA), 5                        publication of this notice, the EPA will              uses. During 2012 a portion of the
                                                    U.S.C. App. 2. The NDWAC was                            receive written comments relating to the              Wapato High School in Wapato,
                                                    established under the SDWA to provide                   proposed settlement. The EPA will                     Washington was demolished. The
                                                    practical and independent advice,                       consider all comments received and                    Wapato School District No. 207 engaged
                                                    consultation and recommendations to                     may modify or withdraw its consent to                 T.W. Clark Construction, LLC as the
                                                    the EPA Administrator on the activities,                the settlement if comments received                   general contractor for the demolition
                                                    functions, policies and regulations                     disclose facts or considerations which                work. T.W. Clark Construction, LLC
                                                    required by the SDWA.                                   indicate that the settlement is
                                                                                                                                                                  hired Groat Bros., Inc. as sub-contractor
                                                      Special Accommodations: For                           inappropriate, improper, or inadequate.
                                                                                                                                                                  for performing demolition work and
                                                    information on access or services for                   The EPA’s response to any comments
                                                                                                            received will be available for public                 transporting demolition materials from
                                                    individuals with disabilities, please
                                                                                                            inspection at the U.S. EPA Region 10                  the High School. The demolition work
                                                    contact Michelle Schutz at 202–564–
                                                    7374 or by email at schutz.michelle@                    Office, located at 1200 Sixth Avenue,                 included the demolition of materials
                                                    epa.gov. To request an accommodation                    Seattle, Washington 98101.                            that contained asbestos. A portion of
                                                    for a disability, please contact Michelle               DATES: Comments must be received on
                                                                                                                                                                  materials generated during the Wapato
                                                    Schutz at least 10 days prior to the                    or before December 2, 2015.                           High School demolition project were
                                                    meeting to give the hosting facility as                 ADDRESSES: Submit your comments,
                                                                                                                                                                  transported to the Site for disposal. The
                                                    much time as possible to process your                   identified by Docket ID No. EPA–R10–                  Site is not licensed by the State of
                                                    request.                                                CERCLA–10–2015–0134, to the Federal                   Washington, Yakima County, or the
                                                                                                            eRulemaking Portal: http://                           Yakama Nation to receive demolition
                                                      Dated: October 27, 2015.
                                                                                                            www.regulations.gov. Follow the online                materials or materials that contain
                                                    Peter Grevatt,
                                                                                                            instructions for submitting comments.                 hazardous substances for disposal. EPA
                                                    Director, Office of Ground Water and Drinking
                                                    Water.                                                  Once submitted, comments cannot be                    conducted a field investigation of the
                                                                                                            edited or withdrawn. The EPA may                      Site on October 5, 2012. EPA’s
                                                    [FR Doc. 2015–27883 Filed 10–30–15; 8:45 am]
                                                                                                            publish any comment received to its                   investigation revealed the presence of
                                                    BILLING CODE 6560–50–P
                                                                                                            public docket. Do not submit                          asbestos in the demolished materials
                                                                                                            electronically any information you                    disposed of at the Site. Asbestos is a
                                                    ENVIRONMENTAL PROTECTION                                consider to be Confidential Business                  hazardous substance. EPA oversaw the
                                                    AGENCY                                                  Information (CBI) or other information                performance of a removal action at the
                                                                                                            whose disclosure is restricted by statute.            Site by T.W. Clark Construction, LLC,
                                                    [EPA–R10–CERCLA–10–2015–0134; FRL–                      Multimedia submissions (audio, video,                 and Groat Bros. Inc. The removal action
                                                    9936–44–Region–10]                                      etc.) must be accompanied by a written                involved the excavation and off-Site
                                                                                                            comment. The written comment is                       disposal of the high school demolition
                                                    Proposed CERCLA Administrative
                                                                                                            considered the official comment and                   wastes. EPA incurred approximately
                                                    Cost Recovery Settlement; Ashue
                                                                                                            should include discussion of all points               $311,330.96 performing or overseeing
                                                    Road Site, Wapato, Yakima County,
                                                                                                            you wish to make. The EPA will                        the performance of response costs at the
                                                    WA
                                                                                                            generally not consider comments or                    Site. Pursuant to the terms of the
                                                    AGENCY: Environmental Protection                        comment contents located outside of the               CERCLA Section 122(h)(1) Settlement
                                                    Agency (EPA).                                           primary submission (i.e. on the web,                  Agreement for Recovery of Response
                                                    ACTION: Notice; request for public                      cloud, or other file sharing system). For
                                                                                                                                                                  Costs, the settling parties will pay EPA
                                                    comment.                                                additional submission methods, the full
                                                                                                                                                                  $95,000. In return for the payment of
                                                                                                            EPA public comment policy,
                                                                                                            information about CBI or multimedia                   this amount, EPA covenants not to sue
                                                    SUMMARY: In accordance with Section
                                                    122(i) of the Comprehensive                             submissions, and general guidance on                  the settling parties for past response
                                                    Environmental Response, Compensation                    making effective comments, please visit               costs—response costs incurred by EPA
                                                    and Liability Act, as amended                           http://www2.epa.gov/dockets/                          prior to the effective date of the
                                                    (CERCLA), 42 U.S.C. 9622(i), notice is                  commenting-epa-dockets.                               Settlement Agreement—at the Site. In
                                                    hereby given of a proposed                              FOR FURTHER INFORMATION CONTACT: Ted                  the event that EPA continues to incur
                                                    administrative settlement for recovery of               Yackulic, Assistant Regional Counsel,                 response costs at the Site, EPA’s
                                                    response costs incurred for the Ashue                   Office of Regional Counsel, Mail Stop                 covenant not to sue does not include
                                                    Road Site located at Section 17,                        ORC–113, Environmental Protection                     costs incurred by EPA after the effective
                                                    Township 11, Range 19 in Wapato,                        Agency, 1200 Sixth Avenue, Suite 900,                 date of the Settlement Agreement.
                                                    Yakima County, Washington. Under this                   Seattle, Washington 98101; telephone                    Dated: October 15, 2015.
                                                    proposed settlement, the settling parties               number: (206) 553–1218; fax number:                   Chris D. Field,
                                                    are Groat Bros., Inc., T.W. Clark                       (206) 553–1762; email address:
                                                    Construction, LLC, and the Wapato                                                                             Manager, Emergency Management Program,
                                                                                                            yackulic.ted@epa.gov.
                                                                                                                                                                  EPA Region 10.
                                                    School District No. 207. The proposed
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                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    settlement requires the settling parties                                                                      [FR Doc. 2015–27885 Filed 10–30–15; 8:45 am]
                                                    to pay $95,000 to the Environmental                     I. General Information                                BILLING CODE 6560–50–P
                                                    Protection Agency Hazardous Substance                      The ASHUE ROAD SITE is located at
                                                    Superfund. Upon payment of this sum                     Section 17, Township 11, Range 19 in
                                                    to Environmental Protection Agency                      Wapato, Yakima County, WA, and is
                                                    (EPA), the settling parties will be                     located on fee property within the
                                                    released from their obligations for                     reservation for the Yakama Nation. The
                                                    payments to EPA for costs EPA incurred                  Site covers approximately 2.46 acres.


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Document Created: 2018-03-01 11:30:12
Document Modified: 2018-03-01 11:30:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for public comment.
DatesComments must be received on or before December 2, 2015.
ContactTed Yackulic, Assistant Regional Counsel, Office of Regional Counsel, Mail Stop ORC-113, Environmental Protection Agency, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101; telephone number: (206) 553-1218; fax number: (206) 553-1762;
FR Citation80 FR 67398 

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