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Casmalia Disposal Site; Notice of Proposed CERCLA Administrative De Minimis Settlement

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[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34349-34350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy09-97]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8931-3]

Casmalia Disposal Site; Notice of Proposed CERCLA Administrative
De Minimis Settlement

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) and section 7003 of the Resource Conservation and Recovery Act
(RCRA), the EPA and the State of California's Department of Toxic
Substances Control (DTSC), Regional Water Quality Control Board,
Central Coast Region (Regional Board) and Department of Fish and Game
(DFG) (jointly referred to as the State Regulatory Entities), are
hereby providing notice of a proposed administrative de minimis
settlement concerning the Casmalia Disposal Site in Santa Barbara
County, California (the Casmalia Disposal Site). Section 122(g) of
CERCLA provides EPA with the authority to enter into administrative de
minimis settlements. This settlement is intended to resolve the
liabilities of 142 settling parties for the Casmalia Disposal Site
under sections 106 and 107 of CERCLA and section 7003 of RCRA. These
parties are identified below. Of these 142 parties, 100 have elected to
resolve their liability with EPA and the State Regulatory Entities. An
additional 42 parties have elected to resolve their liability only with
the State Regulatory Entities at this time; 23 of these have previously
settled with EPA. The parties that have settled with the State
Regulatory Entities have also settled potential natural resource damage
claims by the California Department of Fish and Game as the State
Natural Resource Trustee (``State Trustee''). Most of those resolving
their liability to the EPA have also elected to resolve their liability
for response costs and potential natural resource damage claims by the
United States Fish and Wildlife Service (USFWS) and the National
Oceanic and Atmospheric Administration (NOAA). The 100 parties settling
with EPA and the State Regulatory Entities and State Trustee sent
19,762,737 lbs. of waste to the Casmalia Disposal Site, which
represents 0.35% of total Site waste. This settlement requires these
parties to pay over $1.7 million to EPA. These parties and the
additional 42 parties settling with only the State Regulatory Entities
and State Trustee will pay a total of $675,000 to the State Regulatory
Entities and State Trustee. EPA is simultaneously publishing another
Federal Register Notice relating to another settlement with de minimis
parties that had received offers prior to the group of parties listed
in this Notice.
    Settling Parties: Parties that have elected to settle their
liability with EPA and the State Regulatory Entities and State Natural
Resource Trustee at this time are as follows: ABM Industries;

[[Page 34350]]

Ambassador Laundry; Ancon Marine Environmental & Transportation (f/k/a
Ancon Environmental); Apple Computers; Applied Materials, Inc.; Asian
Garden, LTD (f/k/a Bridgecreek Development Company); Authentic
Specialty Foods, Inc.; Avis Budget Group, Inc (f/k/a Cendant
Corporation); BAE Systems Technology Solutions and Services Inc. (f/k/a
Vitro Corporation); Beneto, Inc.; Benjamin and/or Larry Seewack; Brazos
Asset Management, Inc.; Burbank-Glendale-Pasadena Airport Authority; C.
R. Bard, Inc.; Cal Tech Cabinets; Cal Western Paints, Inc.; CertainTeed
Pacific Windows Corporation (f/k/a Marshall Aluminum Products);
Charleston Road Venture I/II; Chemex, Inc.; City of Oakland; City of
Pasadena; Coastcast Corporation (f/k/a Western Metals Corporation);
Colton-Wartsila, Inc.; Conrac Corporation/Mark IV Industries, Inc.;
Cooper US, Inc. (f/k/a Procyon Technologies, Inc.); County of Sonoma;
County of Yolo; Crest Car Wash Inc.; Cytec Engineered Materials, Inc.;
D.H. Holdings Corp.; DeNaults Hardware; Dixon Hard Chrome, Inc.; Do
Able Products; Inc., Electrolizing, Inc.; EME, Inc.; Evergreen Oil;
Farwest Corrosion Control; Flo-Kem, Inc.; Freeway Truck Parts; Furukawa
Electric North America, Inc (a/k/a KSI Disc Products, Inc.); Garhauer
Marine Corporation; Georgia Pacific Corporation; Gillespie Furniture
Company; Gould Electronics, Inc.; Griffith Homes; Hasa Inc. (f/k/a Hasa
Pool Chemical Inc.); Henkel of America, Inc. and Henkel Corporation;
Hoke, Inc. as successor by merger GoRegulator, Inc (f/k/a Vemco
Corporation); IdentiPHI, Inc. (f/k/a SSP Solutions, Inc,/Litronic
Industries); Indian Head Industries, Inc.; International Textile Group,
Inc. (f/k/a Safety Components International, Inc.); Life Technologies
Corporation, Successor in interest to Dexter Corporation/Mogul
Corporation; Irvine Ranch Water District; Iversen Motors Company, Inc.;
Lithonia West; Los Angeles West Mosquito Abatement District; Magnesium
Alloy Products Company, Marmon Group, Inc.; McCormick Construction;
McDonald's Corporation; Nalco Co.; National Oilwell Varco, LP; Nelco
Products, Inc.; Oakite; Palace Plating; PB Fasteners; Penetone Corp.;
Penske Truck Leasing Company LP; Pepsi Bottling Group; Philips
Electronics; Plastics Research Corporation; Precision Castparts
Corporation; Price Club (n/k/a Costco Wholesale); Quaker Chemical
Corporation; Quinn Group, Inc.; Robert Mack Plumbing; Roberts
Consolidated Industries Inc.; Safina Enterprises; Santa Maria Diesel
Service; Santa Ynez Valley; College Elementary School District; Seven-
Up Bottling Company of San Francisco and Seven-Up/RC Bottling Company,
Inc., collectively referred to as Cadbury Schweppes Americas Beverages;
SF Recycling & Disposal, Inc (f/k/a SWETS); Sogem Precious Metals
Corporation; Spreckels Sugar Company, Inc. (f/k/a Imperial Holly
Corporation); Stevedoring Services of America; Taiyo Yuden USA Inc.
(successor to Xentek, Inc.); Teradyne, Inc.; The Glidden Company; The
Rouse Company (f/k/a Howard Hughes Properties); Thunderbolt Wood
Treating Co.; Town Center Associates; Toyota of El Cajon; Triple A
Machine Shop; Tusonix; UIS Inc.; Ventura Harbor Boatyard, Inc.; Vishay
Intertechnology, Inc.; Vulcan Pipe & Engineering Company; Welch's
Overall Cleaning Co., Inc.; and Westside Produce Company.
    Parties that have elected to settle their liability with the State
Regulatory Entities and State Natural Resource Trustee only at this
time are as follows (parties with asterisks previously settled with EPA):
    Aramark Uniform & Career Apparel, LLC/Aratex Services, Inc.; BJ
Services Company*; Burch Ford; C P Auto Products; Calwest Galvanizing
Corp.*; CDG Parts Distribution Corp.(fka Beck/Arnley World Parts
Corp.); City & County of San Francisco*; City of Santa Ana; City of
Santa Barbara*; City of Santa Barbara Redevelopment Agency*; Cognis
Corp. as successor to Henkel Corp.*; Crompton Corp.*; Cyclo Chemical
Corp.*; Danny's Jiffy Car Wash; Engel & Gray; Ferguson Enterprises,
Inc.*; Ford Motor Co.*; Greif Bros.; Greyhound Lines, Inc.*; Hexion
Specialty Chemicals, Inc. (fka Borden, Inc.)*; International Paper Co.;
Lithographix Inc.; Masco Corp.*; Neutron Plating; Occidental Chemical*;
OXY USA (fka Cities Services Oil & Gas)*; Pacific Wood Preserving
Companies; Phibro-Tech, Inc., successor to Southern California Chemical
Co., Inc.*; Photronics, Inc.; Reichhold, Inc., (f/k/a Reichhold
Chemical)*; Rossco Inc.; Royal Gold, Inc., (fka Royal Resources,
Inc.)*; Sanmina-SCI Corp.*; Shepherd Machinery Co.; Simon Levi; Solar
Turbines Inc.*; Southern California Graphics; Tecrim; The Black &
Decker Corp.*; Triton Oil and Gas Corp.*; Tyco Electronics Corp.*; and
Val G. Ramos.

DATES:  EPA and the State Regulatory Entities will receive written
comments relating to the settlement until August 14, 2009. The EPA and
State Regulatory Entities will consider all comments they receive
during this period, and may modify or withdraw consent to the
settlement if any comments disclose facts or considerations indicating
that the settlement is inappropriate, improper, or inadequate.
    Public Meeting: In accordance with section 7003(d) of RCRA, 42
U.S.C. 6973(d), commenters may request an opportunity for a public
meeting in the affected area. The deadline for requesting a public
meeting is July 29, 2009. Requests for a public meeting may be made by
contacting Karen Goldberg by e-mail at goldberg.karen@epa.gov, or by
facsimile at (415) 947-3570. If a public meeting is requested,
information about the date and time of the meeting will be published in
the local newspaper, The Santa Maria Times, and will be sent to persons
on the EPA's Casmalia Site mailing list. To be added to the mailing
list, please contact: Jackie Lane at (415) 972-3236 or by e-mail at
lane.jackie@epa.gov. A copy of the settlement document may be obtained
by calling (415) 369-0559 extension 10, and leaving a message with your
name, phone number, and mailing address or e-mail address.

ADDRESSES: Written comments should be addressed to Karen Goldberg, U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street (mail
code RC-3), San Francisco, California 94105-3901, or may be faxed to
her at (415) 947-3570 or sent by e-mail to goldberg.karen@epa.gov. A
copy of the comments should be sent to: Caroline Rudolph, Project
Coordinator, DTSC, 8800 Cal Center Drive, Sacramento, CA 95826.

FOR FURTHER INFORMATION CONTACT: Additional information about the
Casmalia Disposal Site and about the proposed settlement may be
obtained on the EPA-maintained Casmalia Web site at: http://
www.epa.gov/region09/casmalia or by calling Karen Goldberg at (415)
972-3951, who will direct any questions relating to the State
Regulatory Entities to the appropriate State officials.

    Dated: July 2, 2009.
Keith Takata,
Director, Superfund Division, Region IX.
[FR Doc. E9-16845 Filed 7-14-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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