[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Page 26961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10844]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-10-2014-0057; FRL-9910-62-Region 10]


Proposed CERCLA Administrative Cost Recovery Settlement; 
Absorbent Technologies Site, Albany, OR

AGENCY: Environmental Protection Agency.

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 recovery of response costs incurred for 
the Absorbent Technologies Site located at 140 Queen Avenue SW., and 
2830 Ferry Street SW., in Albany, Oregon. Under this proposed 
settlement, the settling parties are David L. Ellis, Pamela L. Ellis, 
Farouk H. Al-Hadi, Lombard Foods, Inc., an Oregon corporation, and the 
Bankruptcy Estate of Absorbent Technologies, Inc. The proposed 
settlement requires the settling parties to pay $250,000 to the EPA 
Hazardous Substance Superfund. Upon payment of this sum to EPA, the 
settling parties will be released from their obligations for payments 
to EPA for costs EPA incurred between October 15, 2013 and January 31, 
2014. EPA has incurred additional response since January 31, 2014, and 
this settlement does not provide the settling parties with a release 
for claims for reimbursement of responses costs incurred after January 
31, 2014. However, pursuant to the terms of the Settlement Agreement, 
EPA agrees not to file claims against the Bankruptcy Estate of 
Absorbent Technologies, Inc. in its bankruptcy proceeding.
    For 30 days following the date of publication of this notice, the 
EPA will receive written comments relating to the proposed settlement. 
The 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. The EPA's response to any comments received 
will be available for public inspection at the U.S. EPA Region 10 
Office, located at 1200 Sixth Avenue, Seattle, Washington 98101.

DATES: Comments must be submitted on or before June 11, 2014.

ADDRESSES: The proposed settlement is available for public inspection 
at the U.S. EPA Region 10 Office, located at 1200 Sixth Avenue, 
Seattle, Washington 98101. A copy of the proposed settlement may be 
obtained from Candace Smith, Regional Hearing Clerk, U.S. EPA Region 
10, 1200 Sixth Avenue, Suite 900, Mail Stop ORC-158, Seattle, 
Washington 98101. Comments should reference Absorbent Technologies 
Site, and should be addressed to Ted Yackulic, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Ted Yackulic, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101; (206) 553-1218.

SUPPLEMENTARY INFORMATION: The Absorbent Technologies Site is located 
at 140 Queen Avenue SW and 2830 Ferry Street SW in Albany, Oregon. 
Absorbent Technologies, Inc. operated a commercial agricultural 
chemical formulating business at both properties within the Site. 
Absorbent Technologies Inc.'s operations included the use and storage 
of hazardous substances at both the Queen Property and the Ferry 
Property. Before EPA became involved at the Site, Absorbent 
Technologies, Inc. had filed a Chapter 11 Bankruptcy petition. On or 
about October 11, 2013, Absorbent Technologies, Inc., ceased operations 
at and essentially abandoned both the Queen Property and Ferry 
Property. On October 15, 2013, the City of Albany requested that EPA 
assist it in addressing threats posed by the Site. EPA initiated its 
efforts on the Site on October 15, 2013, when it performed an initial 
evaluation of conditions at the Queen Property. After evaluating 
conditions at the Queen Property, EPA performed an emergency removal 
action at the Queen Property between October 16 and October 20, 2013. 
Absorbent Technologies, Inc. converted its bankruptcy proceeding from 
Chapter 11 to Chapter 7 on October 23, 2013. The settling parties 
conducted additional response actions at both the Queen Property and 
Ferry Property between October 21, 2013 and January 31, 2014 within the 
Site under the oversight of EPA. Between October 15, 2103 and January 
31, 2014, EPA incurred approximately $399,151.14 performing or 
overseeing the performance of response actions at the Site. The 
settling parties include Absorbent Technologies Inc., the owners and 
operators of the Queen Property and the owner of the Ferry Property. 
David L. Ellis, Pamela L. Ellis, and Farouk H. Al-Hadi owned the Queen 
Property during the time period covered by the settlement agreement. 
Lombard Foods, Inc. owns the Ferry Property. Pursuant to the terms of 
the Settlement Agreement for Recovery of Response Costs, the settling 
parties will pay EPA $250,000. In return for the payment of this 
amount, EPA covenants not to sue the settling parties for response 
costs it incurred between October 15, 2013 and January 31, 2014. EPA 
continues to incur response costs at the Site, and EPA's covenant not 
to sue does not include costs incurred by EPA after January 31, 2014. 
In addition, pursuant to the terms of the Settlement Agreement, EPA 
agrees not to file claims against the Bankruptcy Estate of Absorbent 
Technologies, Inc. in its bankruptcy proceeding.

    Dated: April 21, 2014.
Richard Albright,
Director, Office of Environmental Cleanup, U.S. Environmental 
Protection Agency, Region 10.
[FR Doc. 2014-10844 Filed 5-9-14; 8:45 am]
BILLING CODE 6560-50-P