[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Page 67398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27885]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-CERCLA-10-2015-0134; FRL-9936-44-Region-10]


Proposed CERCLA Administrative Cost Recovery Settlement; Ashue 
Road Site, Wapato, Yakima County, WA

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 recovery of response costs incurred for 
the Ashue Road Site located at Section 17, Township 11, Range 19 in 
Wapato, Yakima County, Washington. Under this proposed settlement, the 
settling parties are Groat Bros., Inc., T.W. Clark Construction, LLC, 
and the Wapato School District No. 207. The proposed settlement 
requires the settling parties to pay $95,000 to the Environmental 
Protection Agency Hazardous Substance Superfund. Upon payment of this 
sum to Environmental Protection Agency (EPA), the settling parties will 
be released from their obligations for payments to EPA for costs EPA 
incurred at the Site prior to the effective date of the proposed 
settlement.
    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 received on or before December 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
CERCLA-10-2015-0134, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ted Yackulic, Assistant Regional 
Counsel, Office of Regional Counsel, Mail Stop ORC-113, Environmental 
Protection Agency, 1200 Sixth Avenue, Suite 900, Seattle, Washington 
98101; telephone number: (206) 553-1218; fax number: (206) 553-1762; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

    The ASHUE ROAD SITE is located at Section 17, Township 11, Range 19 
in Wapato, Yakima County, WA, and is located on fee property within the 
reservation for the Yakama Nation. The Site covers approximately 2.46 
acres. There is a residential home within the Site. The area 
surrounding the Site supports agricultural and residential uses. During 
2012 a portion of the Wapato High School in Wapato, Washington was 
demolished. The Wapato School District No. 207 engaged T.W. Clark 
Construction, LLC as the general contractor for the demolition work. 
T.W. Clark Construction, LLC hired Groat Bros., Inc. as sub-contractor 
for performing demolition work and transporting demolition materials 
from the High School. The demolition work included the demolition of 
materials that contained asbestos. A portion of materials generated 
during the Wapato High School demolition project were transported to 
the Site for disposal. The Site is not licensed by the State of 
Washington, Yakima County, or the Yakama Nation to receive demolition 
materials or materials that contain hazardous substances for disposal. 
EPA conducted a field investigation of the Site on October 5, 2012. 
EPA's investigation revealed the presence of asbestos in the demolished 
materials disposed of at the Site. Asbestos is a hazardous substance. 
EPA oversaw the performance of a removal action at the Site by T.W. 
Clark Construction, LLC, and Groat Bros. Inc. The removal action 
involved the excavation and off-Site disposal of the high school 
demolition wastes. EPA incurred approximately $311,330.96 performing or 
overseeing the performance of response costs at the Site. Pursuant to 
the terms of the CERCLA Section 122(h)(1) Settlement Agreement for 
Recovery of Response Costs, the settling parties will pay EPA $95,000. 
In return for the payment of this amount, EPA covenants not to sue the 
settling parties for past response costs--response costs incurred by 
EPA prior to the effective date of the Settlement Agreement--at the 
Site. In the event that EPA continues to incur response costs at the 
Site, EPA's covenant not to sue does not include costs incurred by EPA 
after the effective date of the Settlement Agreement.

    Dated: October 15, 2015.
Chris D. Field,
Manager, Emergency Management Program, EPA Region 10.
[FR Doc. 2015-27885 Filed 10-30-15; 8:45 am]
BILLING CODE 6560-50-P