[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56190-56191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28648]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-9]


Proposed Settlement Under Section 104 and 122(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act; 
Yakima Plating 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 seeking 
public comment on a proposed administrative settlement to resolve 
claims against Robert and Shirley Mastel 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 all liabilities of Robert and Shirley Mastel for 
costs incurred by EPA at the former Yakima Plating Company 
electroplating facility in Yakima, Washington.

PUBLIC COMMENT PERIOD: Comments must be provided on or before November 
28, 1997. The public is encouraged to comment on the proposed 
settlement, called an Administrative Order on Consent, in writing 
during the pubic comment period. Comments should be sent to: Sean 
Sheldrake, Project Manager, U.S. Environmental Protection Agency (ECL-
111), 1200 Sixth Avenue, Seattle, Washington 98101.

SUPPLEMENTARY INFORMATION: In accordance with section 122(h) of CERCLA, 
notice is hereby given of a proposed administrative settlement 
concerning the Yakima Plating hazardous waste Site located at 1804 \1/
2\ South Third Street, Yakima, Washington. The Site was listed on the 
National Priorities List (NPL) on March 31, 1989 (54 FR 13296). EPA 
completed a Remedial Investigation and Feasibility Study for the Site 
on August 1, 1991. A Record of Decision (ROD) for the Site was issued 
by EPA on September 30, 1991. The ROD's selected remedy included 
excavation and decontamination of underground tanks on-Site, removal of 
electroplating liquids stored in containers, excavation of contaminated 
soils, disposal of contaminated soils at an off-site hazardous waste 
disposal facility, and monitoring of the groundwater under the Site. On 
June 15, 1992, EPA removed approximately 2567 cubic yards of 
contaminated soil and debris from the Site. The Site was then 
backfilled with gravel and a layer of topsoil. Results of groundwater 
monitoring indicated that no further work was necessary at the Site to 
protect human health and the environment. As such, the Site was removed 
from the NPL on August 23, 1994 (59 FR 43291). Cleanup costs incurred 
by EPA totaled more than $2.5 million, excluding interest. Subject to 
review by the public pursuant to this Notice, the agreement has been 
approved by the United States Department of Justice.
    The EPA is entering into this agreement under the authority of 
sections 122(h), 104, and 107 of CERCLA, 42 U.S.C. 9622(h), 9604, and 
9607. Section 122(h) authorizes administrative cost recovery 
settlements with responsible parties, and where the total response 
costs exceed $500,000, such cost recovery settlements must be approved 
by the Department of Justice. Under this authority, the agreement 
proposes to settle with Robert and Shirley Mastel, the owners of the 
property upon which Yakima Plating Company operated its chrome 
replating facility. In the proposed agreement, Robert and Shirley 
Mastel, owners of the property, have agreed to reimburse EPA $50,000, 
which is the fair market value of the property that was cleaned up by 
EPA. Payment will be made within 30 days of the effective date of the 
Administrative Order. They have also agreed to pay EPA 50 percent of 
any money that they are able to recover from other potentially 
responsible parties or insurance companies related to the Site. Upon 
making their initial payment to EPA, Robert and Shirley Mastel will 
receive a release from further civil or administrative liabilities for 
the Site and will receive statutory contribution protection under 
section 122(h)(4).
    EPA will receive written comments relating to this proposed 
settlement for

[[Page 56191]]

a period of thirty (30) days from the date of this publication.
    The proposed settlement agreement and all documents relied upon by 
EPA in making decisions for this site are included in the 
Administrative Record which is located in the Information Repository 
at: The Yakima Public Library, 102 North Third Street, Yakima, 
Washington.
    If you have any questions about the proposed settlement, please 
contact Sean Sheldrake at (206) 553-1220 or call EPA's toll free number 
800-424-4372. People with impaired hearing or speech may contact EPA's 
telecommunications device for the hearing impaired (TDD) at (206) 553-
1698. To ensure effective communication with everyone, additional 
services can be made available to persons with disabilities by 
contacting one of the numbers listed above.

    Authority: The Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601-
9675.
Chuck Clarke,
Regional Administrator.
[FR Doc. 97-28648 Filed 10-28-97; 8:45 am]
BILLING CODE 6560-50-P