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Oregon Bulletin

February 1, 2012

OTHER NOTICES

 

REQUEST FOR COMMENTS
PETITON FOR RULEMAKING
LONG TERM CARE FACILITIES — TRANSFERS

COMMENTS DUE: February 21, 2012 at 5:00 p.m.

REQUEST: In accordance with ORS 183.390, the Department of Human Services (Department) is inviting public comment, including whether options exist for achieving the rule’s substantive goals in a way that reduces the negative economic impact on businesses, on a petition of rulemaking requesting the repeal and amendment of the language relating to resident transfers found in the following rules:

• 411-050-0444 Adult Foster Home - Operational Standards;

• 411-054-0080 Residential Care and Assisted Living Facility - Involuntary Move-Out Criteria;

• 411-088-0000 to 0080 Nursing Facility - Transfers;

• 411-325-0390 and 0400 24-Hour Residential Services for Individuals with Developmental Disabilities - Entry, Exit and Transfer; and

• 411-360-0190 Adult Foster Homes for Individuals with Developmental Disabilities - Standards for Admission, Transfers, Respite, Crisis Placements, Exit, and Closures

BACKGROUND: On November 30, 2011, the Department received a petition of rulemaking requesting that the Department amend the nursing facility transfer rules in OAR chapter 411, division 088 to create a uniform rule for residents’ rights, voluntary and involuntary transfer, and due process so that residents faced with an involuntary transfer have the same rights regardless of the type of facility. The petition also requested that the Department update the specific facility rules to refer to the uniform rules in OAR chapter 411, division 088.

HOW TO COMMENT: The petition for rulemaking may be viewed at: http://www.dhs.state.or.us/policy/spd/rules/Petition%20for%20Rulemaking%20-%20Transfers.pdf or by contacting Christina Hartman at 503-945-6398 or at Christina.Hartman@state.or.us. Written comments may be submitted via e-mail to Christina.Hartman@state.or.us, faxed to 503-947-4245, or mailed to Rule Coordinator, Department of Human Services, Seniors and People with Disabilities, 500 Summer Street NE, E-10, Salem, Oregon, 97301-1074. Deadline for comments is February 21, 2012 at 5:00 p.m.

Request for Comments
Proposed Conditional No Further Action
determination for the former
Boise Cascade Sawmill in Joseph

COMMENTS DUE: Friday, March 2, 2012, 4:30 pm.

PROJECT LOCATION: One-quarter mile west of Joseph

PROPOSAL: The Department of Environmental Quality proposes to issue a no further action determination for a project to clean up up petroleum-contaminated soil at the former Boise Cascade sawmill near Joseph. DEQ issues a no further action determination when a cleanup project has met regulatory standards.

HIGHLIGHTS: In 1994, Boise Cascade excavated approximately 10,500 cubic yards of petroleum-contaminated soil from sawmill property and placed it on six acres of plastic-lined cells in one part of the site. They turned the contaminated soil periodically to promote aeration and growth of microbes that digested the petroleum.

Sampling of the soil indicates that, although some petroleum remains in the soil, the hazardous chemicals in the petroleum have been reduced to safe levels. DEQ therefore does not require further remediation. However, DEQ did require the current property owner, OfficeMax, to record a notice of potential hazard with Wallowa County. The reason for this notice is to let people know that the petroleum-containing soil and the plastic liner remain on this property.

This site will remain on DEQ’s Confirmed Release List as long as the hazard notice is in place.

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

Bob Schwarz, DEQ Project Manager

400 E. Scenic Drive, Suite 307

The Dalles, Oregon 97058

Fax: 541-298-7330

Email: Schwarz.bob@deq.state.or.us

Written comments should be sent by Friday, March 2, 2012. To schedule an appointment or to obtain a copy of the staff report, please contact Mr. Schwarz by email or by phone at 541-298-7255, ext. 230.

THE NEXT STEP: DEQ will consider all comments received. A final decision concerning the proposed no further action determination will be made after consideration of public comments.

ACCESSIBILITY INFORMATION: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us

People with hearing impairment may call DEQ’s TTY number, 711.

Request for Comments
Proposed No Further Action for (former)
Scharff Motor Freight, Newberg

COMMENTS DUE: 5 pm, February 29th, 2012

PROJECT LOCATION: 2210 Portland Rd (99W), Newberg

HIGHLIGHTS: The Oregon Department of Environmental Quality is proposing no further action for the investigation and cleanup of petroleum contamination at the (former) Scharff Motor Freight site at 2210 Portland road in Newberg, Oregon.

The property was formerly a trucking business with a maintenance shop on site. The facility had three underground storage tanks to store petroleum products. A petroleum release from the underground storage tank system was reported in August of 1991. In addition to the underground tank system, other areas across the property were contaminated by surface spills of petroleum products from above ground storage tanks, and subsurface contamination from a former shop drain. Contaminated soil was removed from these locations in 1991. Soil sampling showed some contamination remaining following the removal of the petroleum contaminated soils, but at concentrations below DEQ’s risk levels. Groundwater was tested in 2011 and showed petroleum contamination was present, but at concentrations below DEQ’s risk levels.

Based on available data, the concentrations of contamination remaining at the site are below DEQ’s Risk Based Concentrations, which are protective for commercial and industrial activities.

A Site Summary Report detailing DEQ’s proposed decision, and the project file containing detailed information for the site, are available for review in DEQ’s Eugene Office located in suite 100 at 165 East 7th Avenue in Eugene. Questions concerning this site should be directed to Eric Kelley or Nancy Sawka at DEQ’s Salem office by calling them at (503) 378-8240.

Comments on the proposed no further action determination need to be received by the Salem Office, attn: Eric Kelley, by 5pm on February 29th, 2012. Fax or email comments are acceptable.

THE NEXT STEP: Upon completion of the comment period, the comments will be addressed. Once the comments have been adequately addressed, the DEQ may approve, modify, or deny the proposed no further action determination.

ACCESSIBILITY INFORMATION: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications & Outreach (503) 229-5696 or toll free in Oregon at (800) 452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us

People with hearing impairments may call Oregon Telecommunications Relay Service 1-800-735-2900.

Request for Comments
Proposed Conditional No Further Action
for Sass Heating Oil Release

Comments due: 5 p.m., March 2, 2012

Project location: 41314 Robinette Road, Richland, Baker County

Proposal: The Oregon Department of Environmental Quality proposes to issue a conditional no further action determination for the Environmental Cleanup Program site #5629: Sass Heating Oil Aboveground Storage Tank Release, located at 41314 Robinette Road, Richland. DEQ issues a conditional no further action determination when an environmental cleanup has met regulatory requirements with a restrictive condition.

Highlights: A release of heating oil was reported to DEQ in July 2011 from a former aboveground storage tank. Apparently a supply line to the AST leaked into the crawl space beneath the residence. The timing and quantity of the release is unknown. A notice will be filed with the deed prohibiting use of shallow groundwater for domestic purposes. DEQ has determined that the cleanup meets the requirements of Oregon Revised Statute 465.315. Pollutant levels remaining in soil and potentially in groundwater after the cleanup actions are protective of human health and the environment.

How to comment: Send comments by 5 p.m., March 2, 2012 to DEQ Project Manager Marcy Kirk by mail at 475 NE Bellevue Drive, Suite 110, Bend, OR 97701, by email at kirk.marcy@deq.state.or.us or, or by fax at 541-388-8283.

To review the project file, call Marcy Kirk at 541-633-2009 for a file review appointment. To access site summary information and the staff report in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 5629 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5629 in the Site ID/Info column.

The next step: DEQ will consider all public comments received before making a final decision on the proposed conditional no further action determination. DEQ will provide written responses to all public comments received.

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.

OPPORTUNITY TO COMMENT
ANALYSIS OF BROWNFIELD CLEANUP ALTERNATIVES
Former Condon Radar Station Property
Condon, Oregon

Comment Due: February 29, 2012

Project Location: Condon, Oregon

Proposal: The Department of Environmental Quality (DEQ) is providing notice for a public opportunity to review and comment on the Analysis of Brownfield Cleanup Alternatives (ABCA) for the Former Condon Radar Station Property (Site) located on Richmond Road 6 miles east of Condon, Oregon. The ABCA details the analysis and selection of protective cleanup options designed to address contamination at the Site.

The former Condon Radar Station property was occupied by the U.S. Air Force until the early 1970’s after which time it underwent several ownership changes.   Prominent features at the facility included a radar station dome, dormitories, control room buildings, support buildings, a firing range and an adjacent housing development. Approximately 23 buildings remain at the Site, most vacant and in disrepair.  Investigations identified hazardous substances remaining at the Site including, two aboveground storage tanks (ASTs), an underground storage tank (UST), stockpiled petroleum soil, and approximately 7,500 linear feet of aboveground steam pipe insulated with asbestos containing material (ACM) which was used to convey heat between the power plant and base buildings.

The ACM piping has been identified as the primary contaminant at the Site that must be addressed before any renovation of the site. The ABCA selected the abatement of all ACM piping, as well as, removal and disposal of stockpiled petroleum soil as the preferred remedial alternatives.

The ABCA, as well as more information concerning site-specific investigations and remedial actions, is available in DEQ’s Environmental Cleanup Site Information (ECSI) database located on the web at http://www.deq.state.or.us/lq/ecsi/ecsi.htm under Site ID 2593.

Site specific information is also available by contacting David Anderson, DEQ’s project manager for this site.  The Administrative File for this facility is located at DEQ’s Bend office, and can be reviewed in person by contacting project manager at the number below to arrange for an appointment. 

How to Comment: The public comment period will extend from February 1 to 29, 2012.  Please address all comments and/or inquiries to project manager at the following address:

David Anderson

Department of Environmental Quality

475 NE Bellevue Dr, Suite 110

Bend, OR 97701

(541) 633-2012

anderson.david@deq.state.or.us

Upon written request by ten or more persons or by a group with a membership of 10 or more, a public meeting will be held to receive verbal comments.

The Next step: DEQ will consider all public comments received before finalizing the selected remedial action for the site.  DEQ will provide written responses to all received public comments.

 


The online versions of the OARs and Oregon Bulletin are provided for convenience of reference and enhanced access. The official, record copies of these publications are the original paper filings.

 

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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