[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Pages 36058-36059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17325]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5533-6]
Proposed Settlement Under Section 122(g) of the Comprehensive
Environmental Response, Compensation and Liability Act; Tulalip
Landfill Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative settlement and opportunity
for public comment.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') is
proposing to enter into an administrative settlement to resolve claims
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (``CERCLA''). Notice is being
published to inform the public of the proposed settlement and of the
opportunity to comment. The settlement is intended to resolve past and
estimated future liabilities of 187 de minimis parties for costs
incurred, or to be incurred, by EPA at the Tulalip Landfill Superfund
Site in Marysville, Washington.
DATES: Comments must be provided on or before August 8, 1996.
ADDRESSES: Comments should be addressed to Docket Clerk, U.S.
Environmental Protection Agency, Region 10, ORC-158, 1200 Sixth Avenue,
Seattle, Washington 98101, and should refer to In Re Tulalip Landfill
Superfund Site, Marysville, Washington, U.S. EPA Docket No. 1093-08-01-
104/122.
FOR FURTHER INFORMATION CONTACT: Cindy Colgate, Office of Environmental
Cleanup (ECL-113), 1200 Sixth Avenue, Seattle, Washington 98101, (206)
553-1815.
SUPPLEMENTARY INFORMATION: In accordance with Section 122(i)(1) of
CERCLA, notice is hereby given of a proposed administrative settlement
concerning the Tulalip Landfill hazardous waste site located on Ebey
Island between Steamboat Slough and Ebey Slough in the Snohomish River
delta system between Everett and Marysville, Washington. The Site was
listed on the National Priorities List (``NPL'') on April 25, 1995. 60
FR 20350 (April 25, 1995). Subject to review by the public pursuant to
this Notice, the agreement has been approved by the United States
Department of Justice. Below are listed the 184 parties who have
executed the proposed Administrative Order on Consent.
Ace Galvanizing; Alaskan Copper & Brass; Albertson Food Center/
Albertson's Inc.; All City Fence Company/All City Fence Co., Inc.;
American Building Maintenance (ABM); American Can Company/MCR Holdings,
Inc.; American President Lines/ American Mail Line; Arden Farms Co./
Arden-Mayfair, Inc.; Art's Food Center; Auto Warehousing; Baugh
Construction Co.; Bayless Bindery, Inc.; Bayley Construction/ Robert E.
Bayley Construction, Inc.; Bethlehem Steel ; Boise Cascade Office
Supply/Boise Cascade Office Products; Bon Marche/The Bon, Inc./
Federated Department Stores, Inc.; Brandrud Manufacturing; Broadmoor
Golf Club; Buffalo Sanitary Wipers/Buffalo Industries, Inc.; Burlington
Northern Railroad/Burlington Northern, Inc.; Canteen Service, Inc.;
Capital Industries, Inc.; Cases Inc./Flight Form Cases Inc.; Champion
Bldg. Products/St. Regis/Champion International Corporation; Chemithon
Corp.; Children's Orthopedic Hospital/Children's Hospital and Medical
Center; City of Kirkland; City of Seattle; Commercial Warehouse;
Consolidated Freightways/Consolidated Freightways Corporation of
Delaware; Contour Laminates, Inc./Radeke Corporation; Craftsman Press,
Inc.; Cree Construction; Crosby & Overton; Crow Roofing; CX Processing/
Gretag Imaging, Inc.; Darigold, Inc.; David A. Mowat Co.; Deeny
Construction Co., Inc.; E & E Meats; Eagle Metals Co./Alcan Aluminum
Corporation; Ellstrom Manufacturing; Everett Community College; Everett
Herald; Fabricators Inc./Furon Company; Fentron Industries/Fentron
Building Products, Inc.; Firestone Store; Fisher Flour Mills/Fisher
Mills Inc.; Fishermen's Boat Shop, Inc.; Ford Motor Company; Foss
Maritime Company; Foster & Kleiser/Ackerley Communications, Inc.; Fred
Meyer; Gall & Landau Construction/Gall Landau Young Construction Co.,
Inc. ; General Construction/Fletcher General, Inc.; General-Haskell-
Amelco/Fletcher General, Inc./Haskell Corporation/Amelco Industries;
General Hospital/Providence General Medical Center; General Services
Administration; General Telephone (GTE)/GTE Northwest Inc.; Gordon
Brown, Inc.; Group Health; Haight Roofing; Hardwood's Inc.; Henry Bacon
Building Materials/CCD Enterprises; Hensel Phelps Construction; Herr
Lumber Inc.; Hillis Homes, Inc./Centex Real Estate Corporation;
Honeywell Inc./Alliant Techsystems Inc.; Howard S. Wright Construction/
Fletcher Wright, Inc.; Hurlen Construction; Hussmann Corporation;
Impression NW/K/P Corporation; Independent Paper/Jefferson Smurfit
Recycling Company; Industrial Transfer; Ivar's, Inc.; J. C. Penney
Company, Inc.; Jacobson Brothers/Jacobson Terminals, Inc.; John Fluke
Manufacturing Company/Fluke Corporation; K & N Meats; Keller Supply;
Kenworth/PACCAR Inc.; King County; Kohkoku USA Inc./Achilles USA, Inc.;
Lake Union Drydock Co.; Lake Union Terminal/Wards Cove Packing Company;
Lakeside School; Lucks, Oscar; Lucky Stores, Inc.; Manson Construction;
Marketime Drugs Inc.; Maust Corporation; Meltec; Meridian Excavating &
Wrecking; Metro; Morel Foundry/Morel Industries; National Oceanic and
Atmospheric Administration; NC Machinery/SC Distribution Corp.; New
Richmond Laundry; Newell, C. A.; Nordstrom Inc.; North Seattle
Community College; North Shore; Northwest Home Furniture Mart;
Northwest Hospital; Nuclear Pacific Inc./VIOX Corporation; NW Glass/TBG
Inc.; NW Tank Service/NW Environmental Services; Oberto Sausage;
Olson's Market Foods/Quality Food Centers, Inc.; Olympic Hotel/Four
Seasons Hotel/Westin Hotel Company; Olympic Stained Products/Clorox
Company/PPG Industries, Inc.; Owens-Corning Fiberglas Corp.; Pacific
Fishermen, Inc.; Pacific Iron & Metal;
[[Page 36059]]
Pacific Multiform; Pacific Northwest Bell/US West Communications, Inc.;
Pacific Partitions; Pampco Construction/Constructors-Pacific Company;
Payless Drugs/Pay N Save/Thrifty Payless, Inc.; Pepsi/Seven-Up
Bottling/Glaser Beverage/Alpac Corporation; Peter Pan Seafoods, Inc.;
Petschl's Meats; Pike Place Market Authority; Pirates Plunder/Great
Western Pacific, Inc.; Plaza 600/The Vance Corporation; Providence
Hospital; PSF Industries; Purdy Company; QFC/Quality Food Centers,
Inc.; R. C. Hedreen Company; Recreational Equipment, Inc. (REI); Red
Dot Corporation; Reynolds Aluminum Corp.; Richardson & Holland/Bunge
Foods Corporation; Richmark Printing; Riches & Adams/Adams News Co.,
Inc.; Rubatino Refuse Removal, Inc.; SAFECO Insurance Company of
America; Salmon Terminal/Olympic Steamship Co., Inc.; Sanitary Service
Company, Inc./City of Bellingham; Scott Paper Company/Kimberly Clark
Corporation; Scougal Rubber Corporation; Seaboard Lumber; Sealand
Service Inc.; Seattle Central Community College; Seattle Community
College District; Seattle District Corps of Engineers; Seattle First
National Bank/Seafirst; Seattle Golf & Country Club; Seattle Iron &
Metals Corporation; Seattle Post-Intelligencer; Seattle Seafood/
Washington Fish & Oyster Company/Ocean Beauty Seafoods, Inc.; Seattle
Times; Seattle Trade Center; Seattle University; Sellen Construction
Co, Inc.; Skyway Luggage Company; Snohomish County PUD; South Seattle
Community College; SQI Roofing/SQI, Inc.; Star Machinery Co.; State of
Washington Military Department; Swedish Hospital/Doctors Hospital;
Texaco Inc./Texaco Refining & Marketing, Inc.; Thurman Electric &
Plumbing Supply; Tiz's Door Sales; Trident Imports; Tullus Gordon
Construction/Gordon Tullus Construction; Turner & Pease; U.S. Coast
Guard; U.S. Postal Service; United Parcel Service; V.A. Hospitals/U.S.
Department of Veterans Affairs; Virginia Mason Hospital; W. G. Clark
Construction Co.; W. W. Wells Millworks; Wall & Ceiling Supply;
Washington Chain & Supply; Washington Natural Gas Company; Washington
Plaza/Seattle Westin Hotel Company/Westin Hotel Company/Benjamin
Franklin Hotel, Inc.; Washington State Ferry; Washington State Liquor
Warehouse; Welco Lumber Co.; West Coast Construction; West Waterway
Lumber; Western Gear/Bucyrus-Erie Company; Weyerhaeuser.
The EPA is entering into this agreement under the authority of
sections 122(g), 106 and 107 of CERCLA, 42 U.S.C. 9622(g), 9606 and
9607. Section 122(g) authorizes early settlements with de minimis
parties to allow them to resolve their liabilities at Superfund sites
without incurring substantial transaction costs. Under this authority,
the agreement proposes to settle with parties in the Tulalip Landfill
case who each are responsible for less than 0.6% of the volume of
hazardous substances at the site.
In February and March 1988, EPA contractor Ecology & Environment,
Inc. (E&E) performed a site inspection of the landfill for NPL
evaluation. The inspection revealed groundwater contamination with
unacceptably high levels of arsenic, barium, cadmium, chromium, lead,
mercury, and silver. Water samples taken in the wetlands adjacent to
the site showed exceedences of marine chronic criteria for cadmium,
chromium, and lead as well as exceedences in marine acute criteria for
copper, nickel and zinc. In addition, a variety of metals were found in
on-site pools and leachate. The study concluded that contamination was
migrating off site. On July 29, 1991, EPA proposed adding the Tulalip
Landfill to the NPL, and on April 25, 1995, with the support of the
Governor of the State of Washington and the Tulalip Tribes of
Washington, EPA published the final rule adding the Site to the NPL.
EPA is currently performing a Remedial Investigation (``RI'') and
Feasibility Study (``FS'') pursuant to an Administrative Order on
Consent with several potentially responsible parties. The FS is being
conducted in two parts. The first part, which has been completed,
evaluates various containment alternatives for the landfill source
area, which includes approximately 147 acres in which waste was
deposited. The second part will evaluate the off-source areas, which
includes the wetlands and tidal channels that surround the landfill
source area. On March 1, 1996, EPA issued a Record of Decision that
selected an interim remedial action for the source area. The selected
interim remedy requires installation of an engineered, low permeability
cover over the source area of the landfill, at an estimated cost of
$25.1 million. For purposes of this settlement, EPA estimates that the
expected future response costs at the Site will be $33,543,626,
including EPA's oversight costs.
The proposed settlement requires each settling party to pay a fixed
sum of money representing their volumetric share of EPA's past costs
and the estimated costs of future response actions, plus a premium. The
total amount that may be recovered from the proposed settlement is
$8,130,610. Of the amount paid, $270,905 will reimburse a share of
response costs incurred by EPA at the Site, and $7,859,705 will be
deposited in the Tulalip Landfill Special Account within the EPA
Hazardous Substance Superfund to be retained and used to conduct or
finance response actions at or in connection with the Site. Upon full
payment, each settling party will receive a release from further civil
or administrative liabilities for the Site and statutory contribution
protection under Section 122(g)(5), 42 U.S.C. 9622(g)(5).
EPA will receive written comments relating to this proposed
settlement for a period of thirty (30) days from the date of this
publication.
The proposed agreement may be obtained from Cindy Colgate, Office
of Environmental Cleanup (ECL-113), 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1815. The Administrative Record for this
settlement may be examined at the EPA's Region 10 office located at
1200 Sixth Avenue, Seattle, Washington 98101 by contacting Lynn M.
Williams, Superfund Records Manager, Office of Environmental Cleanup
(ECL-113), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
2121.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 41 U.S.C. Sections 9601-
9675.
Jane S. Moore,
Acting Regional Administrator.
[FR Doc. 96-17325 Filed 7-8-96; 8:45 am]
BILLING CODE 6560-50-P
