[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Notices]
[Pages 25503-25504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12006]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6341-1]


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.

-----------------------------------------------------------------------

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 one de minimis party 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 June 11, 1999.

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. 10-99-0002-
CERCLA.

FOR FURTHER INFORMATION CONTACT: Elizabeth McKenna, Office of Regional 
Counsel (ORC-158), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 
553-0016.

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

[[Page 25504]]

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 document, the agreement has been approved by the United States 
Department of Justice. The party who has executed the proposed 
Administrative Order on Consent is Fog-Tite, Inc.
    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 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 a party in the Tulalip Landfill case 
who is responsible for less than 0.2% 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 performed a Remedial Investigation (``RI'') and Feasibility 
Study (``FS'') in two parts pursuant to an Administrative Order on 
Consent with several potentially responsible parties. The first part 
evaluated various containment alternatives for the landfill source 
area, which includes approximately 147 acres in which waste was 
deposited. The second part evaluated the off-source areas, which 
include 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. On September 29, 1998, EPA issued a Record of Decision that 
selected the final remedial action for the source and off-source areas. 
The selected final remedy requires completion of the cover over the 
source area and placement of signs in the off-source area. The 
estimated cost of the signs is approximately $15,000.
    The proposed settlement is based on the Final Allocation Report 
issued by the allocator in the allocation process conducted for the 
Site. Fog-Tite was the only de minimis party to actively participate in 
the allocation and the only de minimis party to accept a settlement 
based on the allocation report.
    The proposed settlement requires the settling party to pay a fixed 
sum of money based on its volumetric share. The total amount to be 
recovered from the proposed settlement is $2,471. The amount paid will 
be deposited in the Tulalip Landfill Special Account within the EPA 
Hazardous Substances Superfund to be used for the cover over the source 
area at the landfill. Upon full payment, the settling party will 
receive a release from further civil or administrative liabilities for 
the Site and statutory contribution protection under section 122(g)(5) 
of CERCLA, 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 Bob 
Phillips, Superfund Records Manager, Office of Environmental Cleanup 
(ECL-110), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
6699.

    Authority: The Comprehensive Environmental Response, 
Compensation and Liability Act, as amended, 41 U.S.C. 9601-9675.
Jane Moore,
Acting Regional Administrator, Region 10.
[FR Doc. 99-12006 Filed 5-11-99; 8:45 am]
BILLING CODE 6560-50-P