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Oregon Bulletin

January 1, 2014

 

OTHER NOTICES

REQUEST FOR COMMENTS
PROPOSAL TO CHANGE REIMBURSEMENT TO CERTAIN PRIMARY CARE PHYSICIANS
USING THE SITE OF SERVICE ADJUSTMENTS

COMMENTS DUE: January 15, 2014

PROPOSAL: Subject to changes made by the Affordable Care Act, the Oregon Health Authority (OHA) changed reimbursement to primary care physicians with a specialty or subspecialty designation of family medicine, general internal medicine or pediatric medicine. Originally this reimbursement method was not subject to the site of service adjustments due to MMIS limitations. Effective January 1, 2014 these MMIS limitations have been corrected and claims will begin to be processed using the place of service indicated on the claim.

The ACA primary care regulation was published in the Federal Register/ Vol. 77, No. 215 on November 6, 2012, available at
http://www.gpo.gov/fdsys/pkg/FR-2012-11-06/pdf/2012-26507.pdf

EFFECTIVE DATE: on or after January 1, 2014

HOW TO COMMENT: Send written comments by fax, mail or email to:

Jesse Anderson, State Plan Manager

Division of Medical Assistance Programs

500 Summer Street NE

Salem, Oregon 97301

Fax: 503-947-1119

Email: jesse.anderson@state.or.us

NEXT STEPS: OHA will consider all comments received. A State Plan Amendment will be submitted to the Centers for Medicare and Medicaid.

Request for Comments
Proposed Remedial Action for the Box Canyon Landfill

Comments due: 5 p.m., Friday, January 31, 2014

Project location: McTaggert Road, two miles southeast of Madras, Oregon

Proposal: Based on the results of the investigation conducted to date, DEQ recommends a remedial action for the Box Canyon Landfill near Madras, Oregon.

This recommended action was selected in accordance with Oregon Revised Statutes (ORS) 465.200 through 465.455 and Oregon Administrative Rules (OAR) Chapter 340, Division 122, Sections 0010 to 0140.

Highlights: The Box Canyon Landfill is located on approximately 20 acres on the west side of McTaggert Road, two miles southeast of Madras in Jefferson County, The landfill was operated from 1972 until June 1997, and accepted approximately 650 tons of waste per month. Waste consisted primarily of municipal solid waste from the City of Madras, and also contained some brush, industrial waste, metal and recyclables. A 3-foot-thick final soil cover was placed in the landfill in 2000. The primary environmental issue at this site is the presence of volatile organic compounds in groundwater.

To address this issue, DEQ recommends the following actions:

• Groundwater monitoring should continue, though at a reduced level.

• Monitoring and maintenance of the landfill’s vegetated soil cover should continue.

• Methane monitoring should continue.

• A deed restriction should be prepared that specifies restrictions on land and water use.

How to comment: Send comments by 5 p.m., January 31, 2014, to DEQ Project Manager Bob Schwarz at 400 E. Scenic Drive, Suite 307, The Dalles, Oregon, 97058, schwarz.bob@deq.state.or.us or by fax to 541-298-7330.

To review the project file, call Mr. Schwarz at 541-298-7255 x230 for a file review appointment.

To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter ECSI# 2192 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2192 in the Site ID/Info column.

The next step: DEQ will consider all public comments received by the end of the public comment period. Based on this review, we will determine whether this decision needs to be modified or reconsidered.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

Request for Comments
Proposed Site Delisting from Confirmed Release List and Inventory

Comments due: 5 p.m., Friday, Jan.31, 2013

Project location: Pacific Pride motor fuels card lock site, 6230 SW Macadam Ave. Portland, Oregon. John’s Landing neighborhood.

Proposal: DEQ proposes to remove this site from the Confirmed Release List and Inventory. The Confirmed Release List records Oregon properties where releases of hazardous substances have been documented. The inventory is a list of Oregon properties where confirmed releases pose a threat to human health or the environment and require further investigation and or cleanup actions.

DEQ has concluded that no further action is necessary at the Pacific Pride card lock site since any contaminants remaining in the subsurface have been demonstrated to not present an unacceptable risk to human health or the environment.

Highlights: Sunset Fuel Company developed the Pacific Pride site to dispense heating oil and motor fuels from approximately 1967 to the present. In 1983, the Pacific Pride franchise began leasing the property to dispense gasoline and diesel fuel as a card lock facility.

How to comment: Send comments to DEQ Project Manager, Kenneth Thiessen at Oregon Dept. of Environmental Quality, 2020 SW 4th Ave. Suite 400, Portland, Oregon 97201, or Kenneth.Thiessen@deq.state.or.us. For more information contact Thiessen at 503-229-6015.

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

To access summary information and documents about this site go to: http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=4772&SourceIdType=11

The next step: DEQ will consider all public comments to this proposed delisting of the Pacific Pride card lock site from the Confirmed Release List and Inventory prior to making a decision to complete regulatory closure of this property.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

Request for Comments
Proposed Site Delisting from Confirmed Release List and Inventory

Comments due: 5 p.m., Friday, Jan. 31, 2013

Project location: Former Sunset Fuels site, 6140 SW Macadam Ave. Portland, Oregon. John’s Landing neighborhood.

Proposal: DEQ proposes removing this site from the Confirmed Release List and Inventory. The Confirmed Release List records Oregon properties where releases of hazardous substances have been documented. The Inventory is a list of Oregon properties where confirmed releases pose a threat to human health or the environment and require further investigation and or cleanup actions.

DEQ has concluded that no further action is necessary at the former Sunset Fuels Site since any contaminants remaining in the subsurface have been demonstrated to not present an unacceptable risk to human health or the environment.

Highlights: Sunset Fuel Company developed the property from approximately 1950 to 1967 for use as a retail fuel distribution facility including wood, coal, sawdust, fuel oil, and gasoline. In the mid-1960s, the bulk fuel storage facility was demolished and replaced with a 22,400 square foot warehouse building in 1967.

How to comment: Send comments to DEQ Project Manager, Kenneth Thiessen at Oregon Dept. of Environmental Quality, 2020 SW 4th Ave. Suite 400, Portland, Oregon 97201, or Kenneth.Thiessen@deq.state.or.us. For more information contact Thiessen at 503-229-6015.

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

To access summary information and documents about this site go to: http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=4723&SourceIdType=11

The next step: DEQ will consider all public comments to this proposed delisting of the former Sunset Fuels site from the Confirmed Release List and Inventory prior to making a decision to complete regulatory closure of this property.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

Request for Comments
Proposed No Further Action determination for Sunriver Amphitheater Site

Comments due: 5 p.m., Friday, January 31, 2014

Project location: Beaver Drive, Sunriver, Oregon

Proposal: Based on the results of the investigation and cleanup conducted to date, DEQ recommends a Conditional No Further Action determination for the Sunriver Owners Association Amphitheater site in Sunriver, Oregon. This determination is based on the condition that the precautions discussed below are followed.

This recommended action was selected in accordance with Oregon Revised Statutes (ORS) 465.200 through 465.455 and Oregon Administrative Rules (OAR) Chapter 340, Division 122, Sections 0010 to 0140.

Highlights: The community of Sunriver was developed between approximately 1968 and 1972 on the grounds of Camp Abbot, a former U.S. Army training facility during World War II. Nearly all of the Camp Abbot buildings were demolished shortly after the Army ceased operations at the facility. Prior to recent development, the site consisted of open forested land, with the exception of three constructed features: 1) a bowl-shaped area known as the amphitheater; 2) a mounded area known as Snow Mountain; and 3) an abandoned railroad embankment.

The Sunriver Owners Association discovered asbestos containing material (ACM) on the ground surface at the site in 2002. The source of ACM is uncertain, but is presumed to be related to the former Camp Abbot structures, including roofing material, siding, piping, and pipe insulation. SROA, with guidance and oversight from DEQ, conducted a number of inspection and abatement actions at the site since 2002. Buried asbestos debris resurfaces, due to freeze and thaw actions in soil.

Investigations of ACM in soil began in 2002 when ACM was observed at the site and continued when SROA entered into the Voluntary Cleanup Program with DEQ in 2004. Asbestos fibers in outdoor soil are not inherently hazardous, unless the asbestos is released from the source material into air where it can be inhaled. If inhaled, asbestos fibers can increase the risk of developing lung cancer, mesothelioma, pleural fibrosis, and asbestosis.

Five abatement activities have been conducted to physically remove ACM from surface soils since 2004. Approximately 1,419 pounds (plus 5 cubic yards) of ACM were removed and transported to Crook County landfill.

Soil that contains ACM was covered with an engineered cap during the spring and summer of 2011. The cap consists of a demarcation layer (non-woven geotextile), overlain by at least 3 to 4 inches of Portland cement-concrete/ asphalt concrete and base rock; and/or 2 feet of clean soil.

A Contaminated Media Management Plan (CMMP) was developed as part of the final remedy to: 1) protect current and future worker health from exposure to asbestos release from ACM in soil; 2) inspect and maintain the engineered cap; 3) manage ACM-impacted soil, if encountered.

SROA is in the process of filing and recording a DEQ-approved Easement and Equitable Servitude (EES) with the Deschutes County Recorder. This EES will: 1) memorialize the presence of hazardous substances at the site; 2) document the requirement to maintain and monitor engineering controls; 3) require implementation of the CMMP; and 4) provide for indefinite access to the site by DEQ.

How to comment: Send comments by 5 p.m., January 31, 2014, to DEQ Project Manager Bob Schwarz at 400 E. Scenic Drive, Suite 307, The Dalles, Oregon, 97058, schwarz.bob@deq.state.or.us or by fax to 541-298-7330.

To review the project file, call Mr. Schwarz at 541-298-7255 x230 for a file review appointment.

To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter ECSI# 4179 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 4179 in the Site ID/Info column.

The next step: DEQ will consider all public comments received by the end of the public comment period. Based on this review, we will determine whether this decision needs to be modified or reconsidered. Otherwise, we will issue the Conditional No Further Action determination once the EES is recorded with the County.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

DEQ PROPOSES

NO FURTHER ENVIRONMENTAL ACTION
FORMER BNSF PROPERTY aka WTD INDUSTRIES13 HIGHWAY 99N, EUGENE, OREGON

COMMENTS DUE: January 30, 2014

PROJECT LOCATION: 13 Highway 99, Eugene, Oregon

PROPOSAL: DEQ proposes to make a no further action determination for contamination related to past wood treatment at the former BNSF property on Highway 99 in Eugene.

BACKGROUND: For detailed project information please see a copy of the final report prepared by the property owner’s consultant, on DEQ’s website at: http://bit.ly/1c2ibM4

The property has a long history of use as a lumber mill, which included the use of wood preservative chemicals for sap stain treatment of stored logs or finished lumber.

Soil sampling showed that residual petroleum hydrocarbons, pentachlorophenol, and dioxin contamination remains on the property, which is currently vacant. A continuous layer of crushed rock and pavement currently exists across the site, and it effectively caps shallow contaminated soils where they occur. DEQ has concluded that this soil cap prevents direct exposure to site soils by current or possible future occupants of the property.

Shallow groundwater sampled immediately east of the site on the adjacent Zip-O-Log property is contaminated by low levels of pentachlorophenol possibly originating from the former BNSF property. However, there are no drinking water wells on either property or in the immediate vicinity, and the area is supplied by municipal water. After inquiring with the property owner and the owner of the adjacent Zip-O-Logs property, DEQ concludes that shallow groundwater is not likely to be used for any water supply purposes.

DEQ therefore finds that there is no current or future unacceptable risk posed to human health or the environment by residual contamination from the former BNSF property, given its likely future use for industrial purposes. DEQ recommends no further action to investigate or clean up soil and groundwater contamination remaining on the property.

DEQ has requested that the current property owner develop a plan to ensure that the existing soil cap is permanently maintained to ensure its integrity, and a deed restriction has been recorded with Lane County to prevent well drilling on the property.

HOW TO COMMENT: Written comments must be received by January 30, 2014. Comments should be submitted to DEQ’s Eugene office, 165 East 7th Street, Eugene, Oregon 97401 or by e-mail at aitken.greg@deq.state.or.us. Questions may also be directed to Greg Aitken at the Eugene address or by calling him at 541-687-7361

THE NEXT STEP: DEQ will consider all public comments before taking final action on this matter. A public meeting will be held to receive verbal comments on the proposed cleanup action upon written request by ten or more persons, or by a group with ten or more members.

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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