37782 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices

United States, for the transfer of title to

property at the Solar Paints & Varnishes

Superfund Site to Ralos, LLC. Ralos, in

turn, will lease the property to Excel

Connection, Inc. and Marshall Erecting,

Inc. The owner of all three companies

is Mr. Joseph Marshall. These

companies and Mr. Marshall are all

Settling Respondents under the PPA.

In return for a covenant not to sue and

contribution protection from USEPA,

the Settling Respondents will continue

to participate in the Wisconsin

Department of Natural Resources

(‘‘WDNR’’) Voluntary Clean-Up Program

for further investigation and

remediation of any remaining

contamination at the Site, and

redevelopment of the Site. The

proposed PPA has been executed by the

Settling Respondents, and has been

submitted to the Attorney General for

approval. USEPA today is proposing to

execute the PPA because it achieves a

benefit for the community where the

Site is located by encouraging the reuse

or redevelopment of property at which

fear of Superfund liability may have

been a barrier, thereby fulfilling

USEPA’s Brownfields policies and

goals. The Site is not on the National

Priorities List. No further response

activities by USEPA are anticipated at

the Site at this time.

DATES: Comments on this proposed PPA

must be received on or before July 17,

2000.

ADDRESSES: A copy of the proposed PPA

is available for review at USEPA, Region

5, 77 West Jackson Boulevard, Chicago,

Illinois 60604. Please contact Kevin C.

Chow at (312) 353–6181 prior to visiting

the Region 5 office. Comments on the

proposed PPA should be addressed to

Kevin C. Chow, Office of Regional

Counsel (C–14J), USEPA, Region 5, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Kevin C. Chow, Office of Regional

Counsel, at (312) 353–6181.

SUPPLEMENTARY INFORMATION: The Site is

located at 5375 South Ninth Street,

Milwaukee, Wisconsin, and is about

6.23 acres in size. Solar Paints

manufactured paint at the facility until

May 1995, when it filed for bankruptcy.

Solar Paints retained title to the

property. Upon ending operations, Solar

Paints left behind paint, paint

ingredients, varnishes, and solvents

containing hazardous substances

throughout the Site.

Because of these conditions, USEPA

determined that the Site posed an

imminent and substantial endangerment

to human health and environment, and

undertook at emergency removal action.

USEPA concluded the clean-up on

December 8, 1995, and perfected a lien

for its response costs in February 1996.

Upon acquiring title to Site property,

the Settling Respondents will

investigate and remediate any remaining

hazardous substances under the

WDNR’s Voluntary Clean-Up Program,

and redevelop the property in order to

locate their equipment moving and wire

harness assembly businesses there,

thereby returning an abandoned

Superfund site to productive use and

creating jobs.

Under the proposed PPA, USEPA

covenants not to sue and provides

contribution protection to the Settling

Respondents as consideration for these

clean-up and redevelopment activities.

Additionally, upon the Settling

Respondents’ performance of their

obligations under the PPA, USEPA will

remove its lien on property acquired by

the Settling Respondents. A 30-day

period, beginning on the date of

publication of this notice, is open for

comments on the proposed Prospective

Purchaser Agreement.

Doug Ballotti,

Acting Director, Superfund Division, United

States Environmental Protection Agency,

Region 5.

[FR Doc. 00–15295 Filed 6–15–00; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6711–7]

Proposed Settlement Under Section

122(g) of the Comprehensive

Environmental Response,

Compensation and Liability Act;

Tulalip Landfill Superfund Site

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed

administrative settlement and

opportunity for public comment.

SUMMARY: The U.S. Environmental

Protection Agency (‘‘EPA’’) is proposing

to enter into an administrative

settlement to resolve claims under the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended (‘‘CERCLA’’).

Notice is being published to inform the

public of the proposed settlement and of

the opportunity to comment. The

settlement is intended to resolve past

and estimated future liabilities of one de

minimis party for costs incurred, or to

be incurred, by EPA at the Tulalip

Landfill Superfund Site in Marysville,

Washington.

DATES: Comments must be provided on

or before July 17, 2000.

ADDRESSES: Comments should be

addressed to Docket Clerk, U.S.

Environmental Protection Agency,

Region 10, ORC–158, 1200 Sixth

Avenue, Seattle, Washington 98101, and

should refer to In Re Tulalip Landfill

Superfund Site, Marysville,

Washington, U.S. EPA Docket No.

CERCLA–10–99–0197.

FOR FURTHER INFORMATION CONTACT:

Elizabeth McKenna, Office of Regional

Counsel (ORC–158), 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

0016.

SUPPLEMENTARY INFORMATION: In

accordance with Section 122(i)(1) of

CERCLA, notice is hereby given of a

proposed administrative settlement

concerning the Tulalip Landfill

hazardous waste site located on Ebey

Island between Steamboat Slough and

Ebey Slough in the Snohomish River

delta system between Everett and

Marysville, Washington. The Site was

listed on the National Priorities List

(‘‘NPL’’) on April 25, 1995. 60 FR 20350

(April 25, 1995). Subject to review by

the public pursuant to this Notice, the

agreement has been approved by the

United States Department of Justice. The

party who has executed the proposed

Administrative Order on Consent is

Marco Seattle, Inc.

The EPA is entering into this

agreement under the authority of

sections 122(g), 106 and 107 of

CERCLA, 42 U.S.C. 9622(g), 9606 and

9607. Section 122(g) authorizes

settlements with de minimis parties to

allow them to resolve their liabilities at

Superfund sites without incurring

substantial transaction costs. Under this

authority, the agreement proposes to

settle with a party in the Tulalip

Landfill case who is responsible for less

than 0.6% of the volume of hazardous

substances at the site.

In February and March 1988, EPA

contractor Ecology & Environment, Inc.

(‘‘E&E’’) performed a site inspection of

the landfill for NPL evaluation. The

inspection revealed groundwater

contamination with unacceptably high

levels of arsenic, barium, cadmium,

chromium, lead, mercury, and silver.

Water samples taken in the wetlands

adjacent to the site showed exceedences

of marine chronic criteria for cadmium,

chromium, and lead, as well as

exceedences in marine acute criteria for

copper, nickel, and zinc. In addition, a

variety of metals were found in on-site

pools and leachate. The study

concluded that contamination was

migrating off site. On July 29, 1991, EPA

proposed adding the Tulalip Landfill to

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices 37783

the NPL, and on April 25, 1995, with

the support of the Governor of the State

of Washington and the Tulalip Tribes of

Washington, EPA published the final

rule adding the Site to the NPL.

EPA performed a Remedial

Investigation (‘‘RI’’) and Feasibility

Study (‘‘FS’’) in two parts pursuant to

an Administrative Order on Consent

with several potentially responsible

parties. The first part evaluated various

containment alternatives for the landfill

source area, which includes

approximately 147 acres in which waste

was deposited. The second part

evaluated the off-source areas, which

include the wetlands and tidal channels

that surround the landfill source area.

On March 1, 1996, EPA issued a

Record of Decision that selected an

interim remedial action for the source

area. The selected interim remedy

requires installation of an engineered,

low-permeability cover over the source

area of the landfill, at an estimated cost

of $25.1 million. On September 29,

1998, EPA issued a Record of Decision

that selected the final remedial action

for the source and off-source areas. The

selected final remedy requires

completion of the cover over the source

area and placement of signs in the offsource area. The estimated cost of the

signs is approximately $15,000.

The proposed settlement requires the

settling party to pay a fixed sum of

money based on its volumetric share.

The total amount to be recovered from

the proposed settlement is $110,698,

paid in five equal annual installments,

plus interest at 5% per annum. The

amount paid will be deposited in the

Tulalip Landfill Special Account within

the EPA Hazardous Substances

Superfund to be used for the cover over

the source area at the landfill. Upon full

payment, the settling party will receive

a release from further civil or

administrative liabilities for the Site and

statutory contribution protection under

Section 122(g)(5) of CERCLA, 42 U.S.C.

9622(g)(5).

EPA will receive written comments

relating to this proposed settlement for

a period of thirty (30) days from the date

of this publication.

The proposed agreement may be

obtained from Cindy Colgate, Office of

Environmental Cleanup (ECL–113),

1200 Sixth Avenue, Seattle, Washington

98101, (206) 553–1815. The

Administrative Record for this

settlement may be examined at the

EPA’s Region 10 office located at 1200

Sixth Avenue, Seattle, Washington

98101, by contacting Bob Phillips,

Superfund Records Manager, Office of

Environmental Cleanup (ECL–110),

1200 Sixth Avenue, Seattle, Washington

98101, (206) 553–6699.

Authority: The Comprehensive

Environmental Response, Compensation and

Liability Act, as amended, 41 U.S.C. Sections

9601–9675.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 00–14491 Filed 6–15–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6717–5 ]

RIN 2040–AC20

Effluent Guidelines Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Proposed Effluent

Guidelines Plan.

SUMMARY: Section 304(m) of the Clean

Water Act requires EPA to publish an

Effluent Guidelines Plan every two

years. Today’s notice describes the

Agency’s ongoing effluent guidelines

development efforts and proposes EPA’s

plans for developing new and revised

effluent guidelines, which regulate

industrial discharges to surface waters

and to publicly owned treatment works.

The Agency requests comment on the

proposal and will publish a final plan

after the comment period ends.

DATES: Comments must be received on

or before July 17, 2000.

ADDRESSES: The public record for this

notice is located in the EPA Water

Docket, Room EB 57 East Tower, 401 M

St., SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

James Lund, Engineering and Analysis

Division (4303), telephone 202–260–

7811.

SUPPLEMENTARY INFORMATION:

Comments and Record

Please send an original and 3 copies

of your comments and enclosures

(including references) to Comment

Clerk, Docket Number W–00–14, Water

Docket (MC4101), USEPA, 1200

Pennsylvania Ave., NW., Washington,

DC 20460. Comments must be received

or post-marked by midnight July 17,

2000.

Commenters who want EPA to

acknowledge receipt of their comments

should enclose a self-addressed,

stamped envelope. No facsimiles (faxes)

will be accepted. Comments may also be

submitted electronically to owdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII, WP5.1, WP6.1 or WP8 file that

does not contain special characters or

encryption. Electronic comments must

be identified by the docket number W–

00–14. You may also submit comments

and data on disks in WP 5.1, 6.1, 8 or

ASCII file format, or electronically at

many online Federal Depository

Libraries.

The public record for this notice has

been established under docket number

W–00–14 and is available for review in

the EPA Water Docket, East Tower

Basement, Room EB 57, 401 M Street,

SW., Washington, D.C. from 9 to 4 p.m.,

Monday through Friday, excluding legal

holidays. Please call 202/260–3027 to

schedule an appointment to see docket

materials. The EPA public information

regulation (40 CFR Part 2) provides that

a reasonable fee may be charged for

copying.

Outline

I. Regulated Entities

II. Legal Authority

III. Introduction

IV. Effluent Guidelines Program Background

A. Legal Framework

B. Components of an Effluent Guideline

Regulation

C. Effluent Guideline Regulations

Promulgated Since the Last 304(m) Plan

1. Pharmaceutical Manufacturing

2. Industrial Laundries

3. Landfills and Commercial Hazardous

Waste Combustors

V. Recent Improvements in the Development

of Effluent Guideline Regulations

VI. Today’s Proposed Effluent Guidelines

Plan

A. Rulemaking Activities Started in 1999

1. Meat Products

2. Aquaculture

B. Effluent Guidelines Currently Under

Development

VII. Future Direction of the Effluent

Guidelines Program

A. Targeting the Most Significant

Environmental Problems

B. Targeting Industry Sectors That May Be

Candidates for Pollution Prevention and

Multi-Media Rulemaking

C. Targeting Sources That are Difficult to

Permit

D. Involving Stakeholders in the Year 2002

Section 304(m) Plan

VIII. Request for Comments

IX. Economic Impact Assessment; E.O.

128866

I. Regulated Entities

Today’s proposed plan does not

contain regulatory requirements. Rather,

it identifies industrial categories that

EPA has already chosen for new or

revised effluent guidelines regulation

and sets forth the schedules for those

rulemaking efforts. Entities that could

be affected by the forthcoming effluent

limitations guidelines and standards

identified in this proposed plan are: