[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Pages 40589-40590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19304]


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ENVIRONMENTAL PROTECTION AGENCY

 [ FRL-8944-2 ]


Proposed CERCLA Administrative Settlement; Circle DE Lumber Site, 
Klamath Falls, OR

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 the recovery of past response costs 
incurred at the Circle DE Lumber Site in Klamath Falls, Oregon with 
settling parties: Mr. and Mrs. Daniel G. and V. Elouise Brown and 
associated entities including the Circle DE Lumber Company, Francis D. 
Brown and Son Logging, Inc., and the Daniel G. Brown Trust U.T.A.D. and 
Elouise Brown Trust U.T.A.D. The settlement requires the settling 
parties to implement institutional controls in the form of proprietary 
restrictions placed on the Circle DE Lumber Site, and to execute an 
Environmental Trust Agreement that assigns the rights under certain 
insurance policies issued to the settling parties to an environmental 
trust established for the benefit of the Agency. The settlement 
includes a covenant not to sue or take administrative action against 
the settling parties pursuant to Sections 106 or 107(a) of CERCLA, 42 
U.S.C. 9606 or 9607(a). For thirty (30) days following

[[Page 40590]]

the date of publication of this notice, the Agency will receive written 
comments relating to the settlement. The Agency 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 Agency'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, Seattle, Washington 98101.

DATES: Comments must be submitted on or before September 11, 2009.

ADDRESSES: The proposed settlement is available for public inspection 
at the U.S. EPA Region 10 offices, located at 1200 Sixth Avenue, 
Seattle, Washington 98101. A copy of the proposed settlement may be 
obtained from Carol Kennedy, Regional Hearing Clerk, U.S. EPA Region 
10, Mail Stop ORC-158, 1200 Sixth Avenue, Suite 900, Seattle, 
Washington 98101; (206) 553-0242. Comments should reference the Circle 
DE Lumber Site in Klamath Falls, Oregon, EPA Docket No. CERCLA-10-2009-
0211 and should be addressed to Alexander Fidis, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Alexander Fidis, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101; (206) 553-4710.

SUPPLEMENTARY INFORMATION: The Circle DE Lumber Site is located in 
Klamath Falls, Oregon (Site). Wood treating operations were conducted 
at the Site using a dip tank containing pentachlorophenol. These 
operations and others resulted in the release of hazardous substances 
including, but not limited to, pentachlorophenol, dioxin, diesel, poly 
aromatic hydrocarbons, total petroleum hydrocarbons, and metals. These 
hazardous substances were detected in soil and groundwater at the Site. 
The Agency conducted a time-critical removal action at the Site in 
February 2006 that involved removing the dip tank and associated 
structures, excavation and disposal of 437 cubic yards of contaminated 
soil, and the installation of monitoring wells to determine the extent 
of groundwater contamination. The Agency incurred approximately 
$605,834 in response costs at the Site.
    The Site is currently owned by Mr. and Mrs. Daniel G. and V. 
Elouise Brown. Mr. Brown operated the Site as a lumber mill between 
1975 and 2000 and currently leases the Site as a staging area for 
equipment. The entities associated with Mr. Brown's Site operations 
include the Circle DE Lumber Company and Francis D. Brown & Son 
Logging, Inc. The Agency determined that settling parties have limited 
financial ability to pay the response costs incurred at the Site. 
Therefore, the Agency is proposing to enter into an administrative 
settlement that would require the settling parties to record an 
easement and equitable servitude as an institutional control for the 
Site, and to execute an agreement assigning the rights under certain 
insurance policies issued to the settling parties to an Environmental 
Trust established for the benefit of the Agency. The proposed 
settlement will release the settling parties from liability for past 
response costs incurred by the Agency subject to certain reserved 
rights.

    Dated: August 3, 2009.
Daniel D. Opalski,
Director, Office of Environmental Cleanup.
[FR Doc. E9-19304 Filed 8-11-09; 8:45 am]
BILLING CODE 6560-50-P