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Oregon Bulletin

October 1, 2013

 

OTHER NOTICES

Federal Concurrence for a Routine Program Change to the Oregon Coastal Management Program

Notice: Pursuant to 15 CFR Section 923.84 (federal Coastal Zone Management Act regulations), the federal Office of Ocean and Coastal Resources Management (OCRM) has concurred that the incorporation of the following administrative rule and local land use provisions constitute “routine program changes” to the Oregon Department of Land Conservation and Development’s (DLCD’s) federally-approved Oregon Coastal Management Program (OCMP).

Routine Program Changes:

• OCRM concurred with the incorporation of Oregon Administrative Rules Chapter 660, Division 35, on October 12, 2012. The initial notice DLCD provided on June 15, 2012 provides details of the routine program change request. Federal consistency applies to the changes that OCRM approved as of August 28, 2013.

• OCRM concurred with the incorporation of the Clatsop County Comprehensive Plan, Land and Water Development and Use Ordinance, and Goals and Policies Document on September 9, 2013. The initial notice DLCD provided on May 7, 2013 provides details of the routine program change request. Federal consistency applies to the changes that OCRM approved as of September 12, 2013.

• OCRM concurred with the incorporation of the Curry County Comprehensive Plan, Zoning Ordinance, and Flood Damage Prevention Ordinance on July 10, 2012. The initial notice DLCD provided on June 6, 2012 provides details of the routine program change request. Federal consistency applies to the changes that OCRM approved as of September 12, 2013.

• OCRM concurred with the incorporation of the Lincoln County Code (Comprehensive Plan and Zoning Ordinance), on May 11, 2012. The initial notice DLCD provided on March 12, 2012 provides details of the routine program change request. Federal consistency applies to the changes that OCRM approved as of September 12, 2013.

Copies of the notices referenced above and tables listing the approved changes are posted on the DLCD website at http://www.oregon.gov/LCD/OCMP/Pages/PublicNotice_Intro.aspx#Public_Notices_for_Coastal_Program_Updates.

If you have questions regarding this notice, please contact Juna Hickner, Coastal State-Federal Relations Coordinator, at juna.hickner@state.or.us or (503) 373-0050 ext. 253.

Notice of Routine Program Change From the Oregon Coastal Management Program

Notice: Pursuant to 15 CFR Section 923.84 (federal Coastal Zone Management Act regulations), notice is hereby given that the Oregon Department of Land Conservation & Development (DLCD) has submitted a routine program change request to the federal Office of Ocean and Coastal Resources Management (OCRM). The request seeks to incorporate updates to the Coos County Comprehensive Plan and zoning ordinance into the federally-approved Oregon Coastal Management Program (OCMP).

OCRM approved the incorporation of the Coos County plan and ordinance into the OCMP in 1991. Since that time the County has periodically approved updates to the plan and ordinance. DLCD is now submitting the current versions of these documents, which include all of the updates, for OCRM’s approval.

DLCD has determined that these updates constitute a routine program change to DLCD’s federally-approved coastal management program because the action does not make any substantial change to any enforceable policies or authorities related to: (1) uses subject to management; (2) special management areas; (3) boundaries; (4) authorities and organization; or (5) coordination, public involvement and national interest. DLCD has requested that OCRM concur with this determination.

Additional Information: Additional information and related documents are available on the OCMP website at: http://www.oregon.gov/LCD/OCMP/PublicNotice_Intro.shtml

Comments: Comments regarding whether this program modification does or does not constitute a routine program change may be submitted to OCRM within three weeks of the date of this notice. Please send all notices to:

Ms. Joelle Gore

Coastal Programs Division

NOAA/OCRM/CPD

N/ORM3

1305 East-West Highway

Silver Spring, MD 20910

If you have questions regarding this notice, please contact DLCD at 503-934-0029.

Public Notice From the Oregon Coastal Management Program

Notice: Pursuant to Section 307(f) of the Coastal Zone Management Act (CZMA), 16 U.S.C. § 1456(f), and the Program Change Guidance issued in July 1996 by the Office of Ocean and Coastal Resource Management (OCRM) of the National Oceanic and Atmospheric

Administration (NOAA), the state of Oregon gives notice of incorporation into the Oregon Coastal Management Program (OCMP) of the current requirements of its air pollution control program found in Oregon Revised Statutes Chapter 468A, and its water pollution control program found in Oregon Revised Statutes Chapter 468B.

CZMA § 307(f) states that requirements established by a state or local government pursuant to the federal Clean Air Act and Clean Water Act “shall be incorporated” into any program developed pursuant to the CZMA.

In 1977, Oregon’s Air Pollution Control and Water Pollution Control programs administered by the Department of Environmental Quality were recognized as a part of the original OCMP; at that time, these statutes were found at O.R.S. Chapter 468. In 1987, the OCMP was updated; the 1987 action included Oregon’s incorporation of updated air and water pollution provisions of Chapter 468. In 1991, the legislature re-codified the air pollution statutes into O.R.S. Chapter 468A and the water pollution statutes into O.R.S. Chapter 468B. In 2002 Oregon submitted notice to OCRM incorporating the then-current versions of Chapters 468A and 468B.

The state of Oregon now gives notice to OCRM of the incorporation into the OCMP of the current provisions of O.R.S. Chapter 468A (Air Quality), O.R.S. Chapter 468B (Water Quality), and O.R.S. Chapter 468 (Environmental Quality Generally). These implement the following:

O.R.S. Chapter 468A

Air Pollution Control      468A.005 to 468A.085

Regional Air Quality Authorities   468A.100 to 468A.180

Climate Change         468A.200 to 468A.292

Federal Operating Permit Program   468A.300 to 468A.330

Motor Vehicle Pollution Control   468A.350 to 468A.455

Solid Fuel Burning Devices      468A.460 to 468A.515

Field Burning and Propane Flaming   468A.550 to 468A.620

Chlorofluorocarbons and Halon Control 468A.625 to 468A.645

Aerosol Spray Control      468A.650 to 468A.660

Asbestos Abatement Projects      468A.700 to 468A.760

Indoor Air Pollution Control      468A.775 to 468A.785

Agricultural Ops & Equipment MOU    468A.790

Diesel Engines         468A.793 to 468A.803

Emission Reduction Credit Banks   468A.820

Penalties            468A.990 to 468A.992

O.R.S. Chapter 468B

Water Pollution Control-Generally   468B.005 to 468B.038

Water Pollution Control-Surface Water   468B.040 to 468B.095

Water Pollution Control-Forest Operations 468B.100 to 468B.110

Water Pollution Ctl-Phosphate Cleansing 468B.120 to 468B.135

Water Pollution Ctl-Persistent Pollutants 468B.138 to 468B.144

Water Pollution Control-Ground Water   468B.150 to 468B.190

Animal Waste Control      468B.200 to 468B.230

Oil or Haz Material Spillage-Generally   468B.300 to 468B.337

Oil or Haz Material Spillage-Cont. Planning 468B.340 to 468B.425

Oil or Haz Material Spillage-Willful Disch. 468B.450 to 468B.460

Oil or Haz Material Spillage-Shipping   468B.475 to 468B.500

Pollutant Reduction Trading Programs   468B.550 to 468B.555

O.R.S. Chapter 468

Criminal Offenses – Air      468.936 to 468.941

Criminal Offenses – Water       468.943 to 468.949

Endangerment – Air and Water   468.951

Additional Information: Additional information and related documents are available on the OCMP website at: http://www.oregon.gov/LCD/OCMP/PublicNotice_Intro.shtml

If you have questions regarding this notice, please contact DLCD at 503-934-0029.

Request for Comments
DEQ Proposes Prospective Purchaser Agreement Consent Judgment with Baker School District 5J

Comments due: 5 p.m., October 31, 2013

Project location: Ostwald Machine Shop, 2430 Balm St., Baker City

Proposal: The Department of Environmental Quality proposes to enter into a prospective purchaser agreement consent judgment with Baker School District 5J to facilitate the donation and redevelopment of the property. Baker School District 5J will seek funding to perform cleanup actions at the property. Proceeds from the eventual sale of the property will be used to provide college scholarships to Baker City school district students and will result in a substantial public benefit.

The consent judgment is a tool that facilitates the beneficial reuse of contaminated property and its cleanup and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing contaminated property. The prospective purchaser program was created in 1995 through amendments to the state’s environmental cleanup law. DEQ has approved over 100 prospective purchaser agreements throughout the State.

Highlights: The site was a machine shop from at least 1927 to approximately 2005. The property consists of a machine shop building and other out buildings. A site investigation was completed at the site in October 2010 to evaluate soil and groundwater conditions. The sampling identified high concentrations of lead and polynuclear aromatics hydrocarbons in soil and the need for cleanup actions. The consent judgment will require Baker School District 5J to seek funding to perform cleanup actions.

The proposed consent judgment will provide Baker School District 5J with a release from liability and a covenant not to sue for claims by the State of Oregon under Oregon Revised Statute § 465.255 relating to any historical releases of hazardous substances at or from the property. The proposed consent judgment will also provide Baker School District 5J with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

How to comment: Send comments by 5 p.m., October 31, 2013, to DEQ Project Manager Katie Robertson by phone at 541-278-4620, by mail at 700 SE Emigrant, Suite 330, Pendleton, OR 97801, by e-mail at robertson.katie@deq.state.or.us or by fax at 541-278-0168.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” link, enter 5387 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5387 in the Site ID/Info column. To review the project file, contact the project manager above for a file review appointment.

The next step: DEQ will consider all public comments received before making a final decision on the proposed consent order. 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.

Request for Comments
DEQ Proposes Certification of Completion for Prospective Purchaser Agreement Consent Order with MC Chuckwagon LLC

Comments due: 5 p.m., Oct. 31, 2013

Project location: Mile Hi Service, 350 N F St., Lakeview

Proposal: The Department of Environmental Quality proposes to issue a certification of completion for the prospective purchaser agreement consent order with MC Chuckwagon LLC. MC Chuckwagon LLC has completed all actions agreed to within the consent order and has completed the redevelopment of the former gas station property. A conditional no further action determination was issued for the property in June 2013. DEQ issues a no further action determination when a cleanup has met regulatory standards.

Highlights: The consent order provides MC Chuckwagon LLC, and successor owners, with a release from liability for claims by the State of Oregon under Oregon Revised Statute § 465.255 relating to any historical releases of hazardous substances at or from the property. The consent order also provides MC Chuckwagon LLC with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

How to comment: Send comments by 5 p.m., Oct. 31, 2013, to DEQ Project Manager Katie Robertson by phone at 541-278-4620, by mail at 700 SE Emigrant, Suite 330, Pendleton, OR 97801, by e-mail at Robertson.Katie@deq.state.or.us or by fax at 541-278-0168.

To access site summary information, the consent order, and other documents in DEQ’s Leaking Underground Storage Tank database, go to www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp, enter 19-91-0030 in the LUST Number box and click “Lookup” at the bottom of the form. Next, click the link labeled 19-91-0030 in the Log Number column. To review the project file, contact the project manager above for a file review appointment.

The next step: DEQ will consider all public comments received before making a final decision on the proposed certification of completion. 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.

State of Oregon Department of Environmental Quality
Prospective purchaser agreement for former Angkor Grocery Market

Project location: 1949 SE Division St. in Portland, OR

Highlights: DEQ entered into a prospective purchaser agreement with REACH Community Development, Inc. for the property located at 1949 SE Division St. in Portland, Ore. REACH Community Development, Inc. is acquiring the property from the current owner and plans to use the property for mixed residential and commercial uses.

The property was historically used as a fueling facility and a release from the underground storage tank system was reported in 1994. REACH Community Development, Inc. completed many of the tasks required in the agreement through a federal grant, and has agreed to site restrictions, contaminated materials management, vapor intrusion mitigation and surface controls related to any development of the property. Subject to satisfactory recording of an Easement and Equitable Servitude, DEQ will issue a No Further Action determination for the property, conditioned as appropriate to reflect REACH’s remaining obligations under the agreement and to ensure long-term effectiveness of the remedy.

For more information: View copies of the prospective purchaser agreement at DEQ’s Northwest Region by contacting the DEQ file review specialist at 503-229-5321 or at file number 26-94-0033 in DEQ’s Leaking Underground Storage Tank database at www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=26-94-0033&SourceIdType=12

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 Consent Order for Prospective Purchaser Agreement at the Former Elmira Family Store and Gas Station

Comments due: Oct. 30, 2013

Project Location: 88773 Territorial Road in Elmira, Ore.

Proposal: Green Energy Alternatives Research is proposing to purchase and redevelop the former Elmira gas station into a nonprofit community center. The redevelopment will revitalize the underused property while providing youth services to area residents.

The site is approximately 2 acres and includes an existing building and a gravel and soil surface with limited areas of pavement. Petroleum contamination from gasoline and diesel storage has been observed on the property since at least 1998. Underground storage tank systems and fuel dispensers were removed in 1999.

Since the report of soil contamination and removal of the underground storage tank systems, several stages of site investigation have been completed. Soil and groundwater have been contaminated on and beyond the property. A network of groundwater monitoring wells has been installed to assess the level of contamination and to determine if the contamination level is shrinking, staying the same or spreading. No surface water contamination has been reported.

Little cleanup has been completed beyond removal of the former underground storage tank systems and excavation in the area of the old fuel dispenser island. The most recent site investigation included temporary borings and permanent monitoring wells adjacent to the property. Workers also replaced a contaminated drinking water well located off the property. Groundwater, air, and soil-gases were sampled to help in the development of remedies needed to facilitate the sale and proposed reuse.

During redevelopment of this property the following steps will be taken to address areas of contamination exceeding Oregon DEQ cleanup levels:

• No use of shallow groundwater

• Restricted drinking water well location and design requirements both on and adjacent to the property

• Vapor barriers as needed beneath buildings to prevent petroleum vapor migration into current or proposed structures

DEQ has defined the exposure risk associated with the remaining contamination and will require managed reuse or disposal of any contaminated soil and groundwater removed during future redevelopment, operation and maintenance.

DEQ launched the prospective purchaser agreement program in 1995 through amendments to the state’s environmental cleanup law. The prospective purchaser agreement is a tool that expedites cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a contaminated site.

The proposed consent order will provide Green Energy Alternative Research with a release from liability for claims by the State of Oregon under ORS 465.200 to 465.545 and 465.990, 466.640, and 468B.310 regarding existing hazardous substance releases at or from the property. The proposed consent order will also provide Green Energy Alternative Research with third party liability protection.

How to Comment: The project file may be reviewed by appointment at DEQ’s Salem office at 750 Front St. NE, Suite 120, Salem, OR 97301. To schedule an appointment to review the file or to ask questions, please contact Jim Glass at 503-378-5044.

To access summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tanks database on the Internet. To review this material, go to www.oregon.gov/DEQ and type in key words “LUST database” in the search feature at the top right of the screen. Click on the first entry to enter the search database. Then enter “20-98-7017” in the LUST Number box and click “Lookup” at the bottom of the page.

Send written comments to Jim Glass, at the address listed above or glass.jim@deq.state.or.us. Comments must be received by 5 p.m., Wednesday, Oct. 30, 2013

DEQ will hold a public meeting if it receives a written request by 10 or more people or by a group with a membership of 10 or more people.

Next step: DEQ will consider all public comments received by the date and time stated above before making a final decision about the proposed remedial actions taken at the site. DEQ will issue a public notice of DEQ’s final decision in this publication.

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 Office of 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 impairments may call 711.

Oregon Department of Environmental Quality, Request for Comments
Proposed Settlement Regarding the Former Yamhill Station Soil and Groundwater Contamination, Yamhill, Oregon

Comments Due: Oct. 31, 2013

Project Location: The former Yamhill Station is located 210 S. Maple St. in the City of Yamhill, Yamhill County, Oregon. The groundwater contamination is generally located southwest of the property.

Proposal: DEQ is proposing to enter a settlement with potentially liable parties, John Pitfido; Joanne Pitfido; JAP Inc.; and Yamhill Station LLC (the “Pitfidos”) for reimbursement of investigation, cleanup, and oversight costs associated with the Yamhill Station soil and groundwater contamination. The settlement would be in the form of a consent judgment pursuant to ORS 465.325. The settlement would require the Pitfidos to pay DEQ up to $100,000 to reimburse DEQ for the cost of investigating the release, installing a groundwater treatment system, implementing interim removal action measures, and development of a risk-based proposal to reuse the property. In return, the Pitfidos would receive release from liability to the State and other parties regarding the matters addressed by the settlement. The public is invited to comment on the proposal from Oct. 1–Oct. 31, 2013.

Highlights: The property is located at 210 S. Maple St. in Yamhill, Ore. The property currently has no buildings and has a gravel and soil surface with limited areas of pavement. The Senz and Yamhill gas stations operated, respectively, on the property. Petroleum contamination from gasoline and diesel storage has been observed on the property since at least December of 1988 when DEQ received a complaint that gasoline had been observed in a storm water system southwest of the property. Gasoline was observed in a storm drain at the intersection of Second and Olive Streets, which is over 250 feet from the underground storage tanks operated, at the time, by the Senz station. The underground storage tanks were removed in 1995 and replaced with above-ground storage tanks.

In 2006 gasoline was again found in the storm-water system southwest of the property and at the Yamhill Maintenance Yard (over 700 feet south of the Yamhill gas station). More than 4,000 gallons of gasoline was estimated to have leaked from the system. In 2007 and 2008 DEQ began removal of gasoline and some of the most heavily contaminated groundwater from the site and expanded the investigation to determine the extent of contamination. DEQ conducted some of this work using state Orphan Program funds and Federal “American Recovery and Reinvestment Act” funding, due to the limited ability of the current and past property owners to pay for the necessary investigation and cleanup. DEQ’s Underground Storage Tanks Program has funded extensive investigation, cleanup, monitoring, and risk assessment activities at the site. DEQ has spent over $600,000.00 investigating and cleaning up the pollution found in the soil, groundwater, storm water, and air.

How To Comment: The project file may be reviewed by appointment at DEQ’s Salem office at 750 Front St. NE, Suite120, Salem, OR 97301. To schedule an appointment to review the file or to ask questions, please contact Jim Glass at 503-378-5044. Summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tanks database on the Internet www.deq.state.or.us/lq/tanks/lust/lustpubliclookup.asp. Then enter 36-88-4062 in the LUST Number box and click “Lookup” at the bottom of the page. Next, click the link labeled 36-88-4062 in the “Log Number” column. Send written comments to Jim Glass, at the address listed above or glass.jim@deq.state.or.us. Comments must be received by 5 p.m., Thursday, Oct. 31, 2013

DEQ will hold a public meeting if it receives a written request by 10 or more people or by a group with a membership of 10 or more people.

Next Step: DEQ will consider all public comments received by the date and time stated above before making a final decision about the proposed settlement. DEQ will issue a public notice of DEQ’s final decision in this publication.

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 Office of 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 impairments may call 711.

Request for Comments
Proposed Conditional No Further Action Determination for the Surgichrome Site

Comments due: 5 p.m., Thursday, Oct. 31, 2013

Project Location: 16569 SE 115th Ave., Clackamas

PROPOSAL: The Oregon Department of Environmental Quality invites comments on its proposal to issue a Conditional No Further Action determination for the Surgichrome site.

Highlights: Surgichrome Inc. operated a chrome-plating facility from 1979 until April 2008, when a fire consumed the facility.

In 1990, chromium was detected in the supply well on the property and a water supply well on the adjacent property. The well on the property was replaced, and the off-site property was provided an alternate water supply. In April 1995, Surgichrome’s then-president pleaded guilty to illegal disposal of hazardous waste at the property. As part of the criminal sentencing, Surgichrome entered into a consent order with DEQ, under which Surgichrome Inc. agreed to make payments to DEQ, and DEQ assumed the lead for subsequent investigation and cleanup. DEQ installed a groundwater pump and treat system that operated from 2000 to 2011 and removed approximately 69 pounds of chromium from the shallow and deep groundwater. Other remedial actions DEQ completed include a source area soil removal and groundwater treatment to address releases of chromium during the April 2008 fire, and periodic groundwater monitoring.

DEQ has determined that under current conditions the residual contamination does not present a risk to workers at the site, workers on the adjacent property, or the environment. DEQ identified the following controls to ensure that conditions remain protective of human health and the environment:

• Maintaining the building floor and adjacent driveways and pavement to prevent direct contact with soil and further leaching and mobilization of residual chromium.

• Requiring a DEQ-approved contaminated media management plan prior to any soil disturbance,

• A restriction on well installation at the property without prior approval from DEQ.

These controls will be memorialized in an easement and equitable servitudes between DEQ and the property owner to be recorded with Clackamas County.

How to comment: To schedule an appointment to review files in DEQ’s Northwest Region office, call 503-229-6729. Send comments on the draft consent judgment by 5 p.m., Thursday, Oct. 31, 2013 to DEQ Project Manager, Mark Pugh, DEQ Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or pugh.mark@deq.state.or.us. For more information contact Pugh at 503-229-5587.

The next step: DEQ will review and consider all comments received during the comment period before finalizing its decision.

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 email to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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