83 FR 40286 - Proposed CERCLA Administrative Cost Recovery Settlement; Absorbent Technologies Site, Albany, Oregon

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range		40286-40287
FR Document		2018-17425

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.

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40286-40287]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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: http://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 http://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

40286 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

title 40 of the CFR. CROMERR Implementation program under 40 CFR proposed administrative settlement for
establishes electronic reporting as an part 142, in accordance with 40 CFR recovery of response costs incurred for
acceptable regulatory alternative to 3.1000(f), to allow for electronic the Absorbent Technologies Site located
paper reporting and establishes reporting. Requests for a hearing must in Albany, Oregon. The settling parties
requirements to assure that electronic be submitted to EPA within 30 days of are River City Environmental, Inc.
documents are as legally dependable as publication of today’s Federal Register (River City), David L. Ellis, Pamela L.
their paper counterparts. Subpart D of notice. Such requests should include Ellis, and Farouk Al-Hadi. The proposed
CROMERR requires that state, tribal or the following information: (1) The settlement requires the settling parties
local government agencies that receive, name, address and telephone number of to pay a total of $187,500 to the
or wish to begin receiving, electronic the individual, organization or other Environmental Protection Agency
reports under their EPA-authorized entity requesting a hearing; (2) A brief Hazardous Substance Superfund. Of
programs must apply to EPA for a statement of the requesting person’s that amount, River City will pay
revision or modification of those interest in EPA’s determination, a brief $75,000, and Mr. Ellis, Ms. Ellis, and
programs and obtain EPA approval. explanation as to why EPA should hold Mr. Al-Hadi will jointly pay $112,500.
Subpart D provides standards for such a hearing, and any other information Upon payment of those sums, the
approvals based on consideration of the that the requesting person wants EPA to settling parties will be released from
electronic document receiving systems consider when determining whether to their obligations for payments to EPA
that the state, tribe, or local government grant the request; (3) The signature of for costs EPA incurred at the Site prior
will use to implement the electronic the individual making the request, or, if to the effective date of the proposed
reporting. Additionally, § 3.1000(b) the request is made on behalf of an settlement.
through (e) of 40 CFR part 3, subpart D organization or other entity, the DATES: Comments must be received on
provides special procedures for program signature of a responsible official of the or before September 13, 2018.
revisions and modifications to allow organization or other entity. ADDRESSES: Submit your comments,
electronic reporting, to be used at the In the event a hearing is requested identified by Docket ID No. EPA–R10–
option of the state, tribe or local and granted, EPA will provide notice of CERCLA–10–2017–0170, to the Federal
government in place of procedures the hearing in the Federal Register not eRulemaking Portal: http://
available under existing program- less than 15 days prior to the scheduled www.regulations.gov. Follow the online
specific authorization regulations. An hearing date. Frivolous or insubstantial instructions for submitting comments.
application submitted under the subpart requests for hearing may be denied by Once submitted, comments cannot be
D procedures must show that the state, EPA. Following such a public hearing, edited or withdrawn. EPA may publish
tribe or local government has sufficient EPA will review the record of the any comment received to its public
legal authority to implement the hearing and issue an order either docket. Do not submit electronically any
electronic reporting components of the affirming today’s determination or information you consider to be
programs covered by the application rescinding such determination. If no Confidential Business Information (CBI)
and will use electronic document timely request for a hearing is received or other information whose disclosure is
receiving systems that meet the and granted, EPA’s approval of the State restricted by statute. Multimedia
applicable subpart D requirements. of Indiana’s request to revise its part submissions (audio, video, etc.) must be
On July 18, 2018, the Indiana 142—National Primary Drinking Water accompanied by a written comment.
Department of Environmental Regulations Implementation program to The written comment is considered the
Management (IDEM) submitted an allow electronic reporting will become official comment and should include
application titled Compliance effective 30 days after today’s notice is discussion of all points you wish to
Monitoring Data Portal for revision to its published, pursuant to CROMERR make. EPA will generally not consider
EPA-approved drinking water program
section 3.1000(f)(4). comments or comment contents located
under title 40 CFR to allow new
outside of the primary submission (i.e.
electronic reporting. EPA reviewed Matthew Leopard,
on the web, cloud, or other file sharing
IDEM’s request to revise its EPA- Director, Office of Information Management.
system). For additional submission
authorized program and, based on this [FR Doc. 2018–17442 Filed 8–13–18; 8:45 am] methods, the full EPA public comment
review, EPA determined that the BILLING CODE 6560–50–P policy, information about CBI or
application met the standards for
multimedia submissions, and general
approval of authorized program revision
guidance on making effective
set out in 40 CFR part 3, subpart D. In ENVIRONMENTAL PROTECTION comments, please visit http://
accordance with 40 CFR 3.1000(d), this AGENCY
notice of EPA’s decision to approve www2.epa.gov/dockets/commenting-
Indiana’s request to revise its Part 142 [EPA–R10–CERCLA–10–2017–0170; FRL– epa-dockets.
9980–22—Region 10] FOR FURTHER INFORMATION CONTACT: The
— National Primary Drinking Water
Regulations Implementation program to proposed settlement is available for
Proposed CERCLA Administrative public inspection at the U.S. EPA
allow electronic reporting under 40 CFR Cost Recovery Settlement; Absorbent
part 141 is being published in the Region 10 office located at 805 SW
Technologies Site, Albany, Oregon Broadway, Suite 500, in Portland,
Federal Register.
IDEM was notified of EPA’s AGENCY: Environmental Protection Oregon. Contact Tom Townsend, EPA
determination to approve its application Agency (EPA). Management Analyst, at (503) 326–2763
with respect to the authorized program ACTION: Notice; request for public
or townsend.tom@epa.gov to arrange a
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listed above. comment. viewing of the proposed settlement. A
Also, in today’s notice, EPA is copy of the proposed settlement may
informing interested persons that they SUMMARY: In accordance with section also be obtained by contacting Richard
may request a public hearing on EPA’s 122(i) of the Comprehensive Mednick, EPA Associate Regional
action to approve the State of Indiana’s Environmental Response, Counsel, at (206) 553–1797 or
request to revise its authorized National Compensation, and Liability Act mednick.richard@epa.gov.
Primary Drinking Water Regulations (CERCLA) notice is hereby given of a SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40287

General Information Broadway, Suite 500, in Portland, the Stage 2 Disinfectant and
Oregon. Disinfection Byproducts Rule (71 FR
The Absorbent Technologies Site is 388) promulgated on January 4, 2006.
Dated: August 8, 2018.
comprised of two properties where a After review of the submitted
company manufactured a soil additive Calvin Terada,
documentation, EPA has determined
which allowed farmers to use less water. Emergency Management Program Manager,
that the State of Connecticut’s Stage 1
This manufacturing process involved Region 10 Office of Environmental Cleanup.
Disinfectant and Disinfection
the use of chemicals, including [FR Doc. 2018–17425 Filed 8–13–18; 8:45 am]
Byproducts Rule and Stage 2
acrylonitrile, hydrogen cyanide, BILLING CODE 6560–50–P
Disinfectant and Disinfection
potassium hydroxide, sulfuric acid, Byproducts Rule are no less stringent
phosphoric acid, methanol and toxic than the corresponding federal
metals. The properties which comprise ENVIRONMENTAL PROTECTION
regulations. Therefore, EPA intends to
the Site are located at 2830 Ferry Street AGENCY approve Connecticut’s PWSS program
SW, and 140 SW Queen Avenue in [EPA–HQ–OW–2018–0573; FRL–9982–04- revision for these rules.
Albany, Oregon. When the Region 1] The State of New Hampshire has
manufacturing operations ceased in adopted drinking water regulations for
October 2013, a substantial amount of Program Requirement Revisions the Ground Water Rule (71 FR 65574)
chemicals were discarded on-site. Related to the Public Water System promulgated on November 8, 2006, the
Following a notice from the Albany Fire Supervision Programs for the State of Lead and Copper Short Term Revisions
Department, EPA required and Connecticut and the State of New Rule (72 FR 57782) promulgated on
performed cleanup activities at the Site Hampshire October 10, 2007, the Revised Total
through April 2014. In a 2014 AGENCY: Environmental Protection Coliform Rule (78 FR 10269)
settlement, EPA received a payment of Agency (EPA). promulgated February 13, 2013, the
$250,000 from owners and operators of Stage 1 Disinfectant and Disinfection
ACTION: Notice. Byproducts Rule (63 FR 69390)
the Site. That settlement resolved a cost
claim of approximately $500,000. The SUMMARY: Notice is hereby given that promulgated on December 16, 1998, and
proposed administrative settlement the State of Connecticut and the State of the Stage 2 Disinfectant and
agreement which is currently subject to New Hampshire are in the process of Disinfection Byproducts Rule (71 FR
public comment will require River City revising their respective approved 388) promulgated on January 4, 2006.
Environmental, Inc., David L. Ellis, Public Water System Supervision After review of the submitted
Pamela L. Ellis, and Farouk Al-Hadi, (PWSS) programs to meet the documentation, EPA has determined
four owners of personal or real property requirements of the Safe Drinking Water that the state of New Hampshire’s
at the Queen Avenue portion of the Site, Act (SDWA). Groundwater Rule, Lead and Copper
to pay EPA a total of $187,500. These Short-Term Revisions Rule, Revised
DATES: A request for a public hearing Total Coliform Rule, Stage 1
parties also funded or performed some must be submitted on or before Disinfectant and Disinfection
of the cleanup work required by EPA at September 13, 2018 to the Regional Byproducts Rule, and the Stage 2
the Site. Subsequent to the 2014 Administrator. Disinfectant and Disinfection
settlement, EPA incurred approximately
ADDRESSES: All documents relating to Byproducts Rule are no less stringent
$364,786 in additional response costs
this determination are available for than the corresponding federal
for the Queen Avenue portion of the regulations. In addition, EPA’s primary
inspection between the hours of 8:30
Site. Pursuant to the terms of the enforcement responsibility regulations
a.m. and 4:00 p.m., Monday through
proposed CERCLA section 122(h)(1) require states that accept electronic
Friday, at the following office(s):
Settlement Agreement for Recovery of documents to have adopted regulations
Response Costs, the settling parties will U.S. Environmental Protection Agency,
Office of Ecosystem Protection, 5 Post consistent with 40 CFR part 3
pay EPA a total of $187,500. Of that (Electronic reporting). New Hampshire
amount, River City will pay $75,000, Office Square, Suite 100, Boston, MA
02109–3912. accepts electronic documents and is in
and Mr. Ellis, Ms. Ellis, and Mr. Al-Hadi the process of adopting the necessary
will jointly pay $112,500. In return for For state-specific documents:
Connecticut Department of Public regulations that will supplement the
those payments, EPA covenants not to State’s legal authority under the State’s
sue the settling parties for past response Health, Drinking Water Section, 410
Capital Avenue, Hartford, CT 06134; Uniform Electronic Transactions Act.
costs—response costs incurred by EPA Therefore, EPA intends to approve New
prior to the effective date of the and New Hampshire Department of
Environmental Services, Drinking Hampshire’s PWSS program revision for
proposed Settlement Agreement—at the these rules.
Site. For 30 days following the date of Water and Groundwater Bureau, 29
publication of this document, EPA will Hazen Drive, Concord, NH 03302– II. Public Hearing Requests
receive written comments relating to the 0095.
All interested parties may request a
proposed settlement. EPA will consider FOR FURTHER INFORMATION CONTACT: Jeri public hearing for any of the EPA
all comments received and may modify Weiss, U.S. EPA-New England, Office of determinations. Frivolous or
or withdraw its consent to the Ecosystem Protection, telephone (617) insubstantial requests for a hearing may
settlement if comments received 918–1568). be denied by the Regional
disclose facts or considerations which SUPPLEMENTARY INFORMATION: Administrator.
amozie on DSK3GDR082PROD with NOTICES1

indicate that the settlement is However, if a substantial request for a
inappropriate, improper, or inadequate. I. Background public hearing is made by this date, a
EPA’s response to any comments The State of Connecticut has adopted public hearing will be held. If no timely
received will be available for public drinking water regulations for the Stage and appropriate request for a hearing is
inspection at the U.S. EPA Region 10 1 Disinfectant and Disinfection received, and the Regional
offices located at 1200 Sixth Avenue in Byproducts Rule (63 FR 69390) Administrator does not elect to hold a
Seattle, Washington, and 805 SW promulgated on December 16, 1998, and hearing on his/her own motion, this

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Document Created: 2018-08-14 02:18:20
Document Modified: 2018-08-14 02:18:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for public comment.
Dates		Comments must be received on or before September 13, 2018.
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]
FR Citation		83 FR 40286