[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Notices]
[Pages 63149-63150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24244]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7829-1]


Proposed Administrative Settlement Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''); 
Pacific Sound Resources (PSR); West Seattle, WA

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9601, et seq., as amended, notice is hereby given that the 
Environmental Protection Agency (``EPA''), the State of Washington 
Department of Natural Resources (``DNR'') and the state of Washington 
(``State'') have negotiated a proposed Administrative Settlement 
(``Agreement'') pursuant to CERCLA, with respect to the Pacific Sound 
Resources (``PSR'') Superfund Site in West Seattle, Washington 
(``Site'').
    The Site was listed on the Superfund National Priorities List 
(``NPL'') in 1994. Wood treating operations at the Site date from the 
early 1900s to 1994, under successive operators. Hazardous substances, 
primarily wood treating chemicals, were released at or from the Site. 
As a result, EPA has undertaken response actions under CERCLA, and will 
undertake response actions in the future, many of which have been or 
will be funded by PSR as a responsible party pursuant to a 1994 PSR 
Consent Decree. Outstanding EPA costs are approximately $3.5 million. 
Projected future remedial costs are estimated at approximately $8 
million for remaining sediment remedial action, some or all of which 
may be funded by the PSR Decree. EPA estimates that the total response 
costs incurred and to be incurred at or in connection with the is 
approximately $45 million.
    The Settling Parties' liability for the Site arises in most 
significant part from releases from three storage tanks on a small 
portion of the Site (approximately 2.3 acres of filled state-owned 
aquatic lands within the approximately 25-acre Site) leased to PSR by 
DNR. EPA has determined that these releases contributed a minor portion 
of the total of hazardous substances at the Site. The processing areas 
of the Site, including the transfer table pit and wood-treating 
retorts, were and are on PSR property and were where most releases 
occurred. DNR also leased submerged aquatic lands owned by the State to 
PSR on which PSR floated treated wood products which released 
comparatively small amounts of hazardous substances to water and 
sediment in Elliott Bay.
    In September 2002, PSR and the Port of Seattle jointly sued the 
Settling Parties and other potentially responsible parties in 
contribution in the Superior Court for the State of Washington under 
the Model Toxics Control Act (``MTCA''), RCW 70.105D et seq. In May 
2004, the Settling Parties conditionally agreed to settle these MTCA 
claims for $4.75 million to be divided equally between the MTCA 
Plaintiffs. EPA stands as the sole beneficiary pursuant to the PSR 
Consent Decree of the settlement proceeds which would go to PSR. This 
MTCA claims settlement is conditioned on this proposed Agreement 
resolving the outstanding CERCLA claims by EPA against the Settling 
Parties.
    By this proposed Agreement, Settling Parties shall provide EPA with 
a maximum of 250,000 cubic yards of clean sediment (from navigation 
dredging of the Snohomish, Swinomish, or other rivers of the state of 
Washington) necessary for the sediment remedial action at the Site. 
Further, EPA has designed the sediment remedy for the Site to meet a 
100-year earthquake or other disaster contingency, and has agreed that 
if such remedy failure occurs, it will be addressed by EPA rather than 
by an Agency or instrumentality of the state. Toward this end, DNR 
shall also provide such quantity of clean sediment as EPA may require, 
not to exceed a maximum of 250,000 cubic yards, to address such a 
remedy failure contingency, subject to sediment availability. Settling 
Parties also agree that EPA may install, maintain and monitor the 
remedial

[[Page 63150]]

action at the Site as EPA deems necessary, including the installation 
and maintenance of additional monitoring wells beyond those presently 
on Site. DNR and the State shall receive legal protection for cleanup 
liability at the Site in the form of a covenant not to sue from EPA.

DATES: Comments must be provided by November 29, 2004.

ADDRESSES: Comments should be addressed to Sally Thomas, Remedial 
Project Manager, Environmental Protection Agency, 1200 Sixth Avenue, M/
S-ECL-110, Seattle, Washington, 98101, and refer to PSR Superfund Site, 
Proposed Agreement with DNR and the state of Washington.

FOR FURTHER INFORMATION CONTACT: Sally Thomas at 206-553-2102.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency will 
receive comments relating to the proposed Agreement for a period of 
thirty (30) days from the date of this publication.
    Copies of the proposed Agreement may be examined at the EPA Region 
10 offices at 1200 Sixth Avenue, Seattle, Washington, 98101. A Copy of 
the proposed Consent Order may be obtained by mail or in person from 
Ms. Thomas at the address listed above.

    Dated: October 13, 2004.
Richard Albright,
Acting Regional Administrator, Region 10.
[FR Doc. 04-24244 Filed 10-28-04; 8:45 am]
BILLING CODE 6560-50-P