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Oregon Bulletin

December 1, 2012

 

OTHER NOTICES

REQUEST FOR COMMENTS
PROPOSAL TO INCREASE REIMBURSEMENT TO CERTAIN PRIMARY CARE PHYSICIANS
AND VACCINES FOR CHILDREN PROGRAM PARTICIPANTS

COMMENTS DUE: December 17, 2012

PROPOSAL: As required by the Affordable Care Act, the Oregon Health Authority (OHA) is proposing to increase primary care reimbursement rates for physicians with a specialty or subspecialty destination of family medicine, general internal medicine or pediatric medicine; and increase the administration fee for Vaccines for Children program vaccinations.

BACKGROUND: For background and detailed information, please see the Federal Register/ Vol 77, No 215 published on November 6 2012, available at http://www.gpo.gov/fdsys/pkg/FR-2012-11-06/pdf/2012-26507.pdf

EFFECTIVE DATE: 1/1/13

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

Jesse Anderson, State Plan Manager

Division of Medical Assistance Programs

500 Summer Street NE, E35

Salem, Oregon 97301

Fax: 503-947-1119

E-mail: 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 Prospective Purchaser Agreement former Who Song & Larry’s
Restaurant Property in Southwest Portland

Comments due: Monday, Dec. 31, 2012

Project location: The former Who Song & Larry’s restaurant property is located at 4850 SW Macadam Ave. and SW Landing Drive in Portland’s John’s Landing neighborhood. The name for this project is the Holt Distressed Properties Fund 2010 LP or Holt Properties for the purposes of this Prospective Purchaser Agreement proposal. This site has a history of commercial uses including a lumber yard, bulk fuels storage and sales, parking lot, and a restaurant.

Proposal: The Department of Environmental Quality proposes to enter into a consent order for a prospective purchaser agreement with Holt Properties. Holt Properties plans to redevelop the site as two multi-story residential buildings with peripheral open space and a multi-use public trail. Parking for residents is proposed beneath the buildings. The construction project will include clean up and management of existing soil contamination at the property, ensuring that the site is safe for a variety of uses when completed.

Highlights: The Holt Properties’ proposed redevelopment plans will have several public and environmental benefits. Holt Properties will remove any contaminated soil at the site during grading and excavation for subsurface parking garages. This soil excavation work will be performed under a DEQ-approved Contaminated Media Management Plan to ensure proper disposal of excavated soils. Remaining site soils will be tested to ensure that they do not pose an unacceptable risk to future residents and users of the site. In September 2012, groundwater sampled near the river bank was found to be free of detectable contaminants and thus does not pose a risk to the Willamette River. Also in September 2012, an investigation performed to locate possible underground storage tanks concluded that no tanks are present at the site. Holt Properties will develop the waterfront portion of this property near the Willamette River into public park greenway, and will improve the multi-use waterfront trail.

The proposed Prospective Purchaser Agreement Consent Order will provide Holt Properties with a release from liability for claims by the State of Oregon and third parties relating to historical releases of hazardous substances at the property or emanating from the property to the Willamette River. Holt Properties will be responsible for cleaning up contaminants at the site as defined in the proposed Prospective Purchaser Agreement.

DEQ created the Prospective Purchaser Program in 1995 through amendments to the state’s Environmental Cleanup Law. The prospective purchaser agreement 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. DEQ has approved many prospective purchaser agreements throughout the state since the program began.

Additional Information: Copies of the proposed Consent Order Prospective Purchaser Agreement and other information regarding the site can be found using the link below for the Holt Properties Residential Development on the DEQ ECSI Site #4612 database. http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=4612&SourceIdType=11. The ESCI database for this site includes property investigation documents, figures and maps.

How to comment: Send written comments to the DEQ Project Manager Kenneth Thiessen at DEQ Northwest Region, 2020 SW 4th Avenue, Suite 400, Portland, Oregon 97201, or Thiessen.Kenneth@deq.state.or.us by Monday, Dec. 31, 2012. The proposed Consent Order Prospective Purchaser Agreement and the Holt Properties project file are available for public review at DEQ. For a file review appointment at the DEQ office, call 503-229-6729.

If there is adequate public interest in this project, DEQ will hold a public meeting to answer questions about this proposed Prospective Purchaser Agreement Consent Order and record public comments.

Direct questions to Kenneth Thiessen at the DEQ address above or at 503-229-6015.

The next step: DEQ will review and consider all comments received during the December 2012 comment period.

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.

Request for Comments
Proposed Approval of Cleanup at Owens Brockway/Johnson Lake Site

COMMENTS DUE: 5 p.m., Monday, Dec. 31, 2012

PROJECT LOCATION: 5850 NE 92nd Drive, Portland, OR

PROPOSAL: The Department of Environmental Quality invites public comment on the proposed conditional approval of environmental cleanup action at the Owens-Brockway Glass Container Inc. site, which includes the adjacent Johnson Lake. This is also known as a conditional no further action determination. DEQ is also proposing to issue Owens-Brockway Glass Container Inc. a Certificate of Completion for remedial action obligations described in their Consent Judgment with DEQ.

HIGHLIGHTS: Owens operates a glass manufacturing plant located at 5850 NE 92nd Drive in Portland on the south shore of Johnson Lake. Johnson Lake extends over 18 acres and is bounded to the south by the Owens facility and to the east by I-205. The Owens facility was built in approximately 1956. The glass manufacturing process at the Owens site involves the conversion of sand, limestone, soda ash and reclaimed crushed glass into new and/or recycled glass containers. Historical waste management practices, releases from an electrical substation, and stormwater discharge from the Owens facility and facilities located east of interstate highway I205 resulted in release of contaminants to Johnson Lake sediments.

Environmental investigations conducted at the site between 1994 and 2008 indicated the presence of polychlorinated biphenyls, known as PCBs, metals, and polycyclic aromatic hydrocarbons in Johnson Lake sediments at levels that exceed screening criteria for protection of aquatic organisms and people and wildlife that may consume fish from the lake. Elevated concentrations of PCBs were also detected in an upland portion of the Owens facility in the drainage area of the electrical substation.

Between the fall of 2009 and 2010, Owens excavated PCB-contaminated soils in a lowland area on the site that drains to Johnson Lake and disposed of the excavated soils at a solid waste landfill. This area was then re-contoured and replanted to create a stormwater swale for detention of stormwater leaving a portion of the facility, allowing solids to settle prior to discharge to Johnson Lake.

Between September 2011 and March 2012, Owens placed a mixture of sand and topsoil over contaminated sediments in the lake in a six- to 12-inch thick layer cap to create a barrier between contaminated sediments and fish and other aquatic organisms in the lake. A portion of the lake was left uncapped to allow native mussels and other benthic organisms to survive and repopulate the lake. Gravels were placed along the shoreline and at stormwater outfalls to reduce erosion.

Owens prepared an Operations and Maintenance Plan for the cap that provides for visual inspection of shoreline portions of the cap, maintenance of warning signs, and replacement and re-contouring of any portions of the cap that show evidence of erosion. The plan also outlines fish tissue sampling that will be conducted five and potentially ten years following remedy implementation.

Based on evaluation of the actions described above, DEQ is proposing that no further action be required at the Owens-Brockway Glass Container Inc./Johnson Lake site and that Owens be issued a certificate of completion for obligations under DEQ Consent Judgment No. 0908-12087. The proposed cleanup approval is conditional because of the need to maintain engineering controls and conduct long-term monitoring and maintenance of cleanup measures at the site.

HOW TO COMMENT: A memorandum describing the basis for the no further action is available at: http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=1311&SourceIdType=11.

Complete site files are available for public review at DEQ’s Northwest Region Office in Portland. To schedule an appointment to review files, call 503- 229-6729. Send written comments to Project Manager Jennifer Sutter, DEQ Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or sutter.jennifer@deq.state.or.us by Monday, Dec. 31. Contact Sutter at 503- 229-6148.

THE NEXT STEP: DEQ will consider all public comments and the DEQ Northwest region administrator will make and publish the final decision after consideration of these 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 impairments may call 711.

Request for Comments
Proposed Approval of Cleanup at the Precision Equipment Facility, Portland, Oregon

COMMENTS DUE: 5pm, December 31, 2012

PROJECT LOCATION: 8440 North Kerby Avenue, Portland, Oregon

PROPOSAL: The Department of Environmental Quality is proposing to issue a “Conditional No Further Action” (CNFA) determination based on results of site investigation and remedial actions at the Precision Equipment facility located at 8440 North Kerby Avenue in Portland, Oregon. DEQ has determined that the engineering and institutional controls in place at the property will prevent risks to human health and the environment exceeding the acceptable levels defined in ORS 465.315. DEQ is therefore proposing issuance of a CNFA determination for the facility. This decision would exclude ongoing cleanup work at the adjacent Tax Lot 1103 (former Schnitzer Property) site.

HIGHLIGHTS: Precision Equipment has operated a hydraulic equipment repair and chrome plating shop at the site since 1979. In 1999, Precision sampled soil inside the vault of the chrome plating area and other areas within the building as well as soil and groundwater below and outside the building. Two areas of significant soil contamination associated with chrome plating operations were found but they did not extend outside the building footprint. Another area of contaminated soil, from contaminated fill, was found in the NE corner of the parking lot. Groundwater investigation found limited groundwater contamination below the building but it also does not extend beyond the plant.

Repairs to the chrome plating equipment were made to prevent further contamination. Chromium-contaminated soil exceeding direct contact risk-based concentrations for workers and excavation workers extends to 15 feet below ground surface or more in the area of the chrome plating tanks. Additional soil above risk-based concentrations is found in the NE corner of the parking lot.

Contaminated soil areas above risk-based concentrations are currently capped by the building and parking lot and the remedy is to maintain these caps. Other restrictions include: a prohibition on residential and agricultural land use, limitation on groundwater use, a worker health and safety and soil management plan to protect workers, and a requirement for additional characterization and potential soil removal/treatment if the building is removed. The requirements have been documented in an Easement and Equitable Servitudes (EES).

DEQ concludes that no further action is required to address environmental contamination at the Precision Equipment Tax Lot 1102 property provided the engineering and institutional controls at the site are maintained.

HOW TO COMMENT: The DEQ No Further Action Recommendation Memo and Cleanup Record of Decision for the Precision Equipment site and other project file information are available for public review (by appointment) at DEQ’s Northwest Region Office, 2020 SW Fourth Avenue, Suite 400, Portland, Oregon, 97201. To schedule a file review appointment, call Dawn Weinberger at 503-229-6729; toll free at 1-800-452-4011; or TTY at 503-229-5471. Summary information and documents mentioned above are available 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 152 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 152 in the Site ID/Info column. Please send written comments to Robert Williams, Project Manager, at the address listed above or via email at williams.robert.k@deq.state.or.us. To be considered, DEQ must receive written comments by 5 pm on December 31, 2012. Upon written request by ten or more persons or by a group with a membership of 10 or more, DEQ will hold a public meeting to receive verbal comments.

THE NEXT STEP: DEQ will consider all public comments received by the date and time stated above, before making a final decision regarding the “Conditional No Further Action” determination. In the absence of comments, DEQ will issue the Conditional No Further Action determination for Precision Equipment site.

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) 229-6488 or toll free in Oregon at (800) 452-4011; fax to 503-229-6945; or e-mail to deqinfo@deq.state.or.us. People with hearing impairments may call the Oregon Telecommunications Relay Service 1-800-735-2900 number.

Request for Comments
Analysis of Brownfield Cleanup Alternatives for Reser Building

Comments due: 5 p.m., December 31, 2012

Project location: 228/234 S Main St., Condon

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 Reser Building located at 228/234 S Main St. in Condon. The ABCA details the analysis and selection of protective cleanup options designed to address contamination at the site.

Highlights: The site has been used for various purposes including a gas station, auto repair, and residential. Petroleum and other contaminates were documented at the site in 2011. The ABCA selected the limited excavation of petroleum contaminated soil, soil vapor sampling and engineering controls as the preferred remedial alternative.

The ABCA, as well as more information concerning previous site-specific investigations, 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 4217.

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

How to comment:Send comments by 5 p.m., December 31, 2012, 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.

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

Request for Comments
Proposed No Further Action for Wallowa County Grain Growers (WCGG) Bulk Plant

Comments due: 5 p.m., December 31, 2012

Project location: 107 Fish Hatchery Ln., Enterprise

Proposal: The Oregon Department of Environmental Quality’s Voluntary Cleanup Program proposes to issue a no further action determination for the WCGG Bulk Plant site located at 107 Fish Hatchery Ln., Enterprise. DEQ issues a no further action determination when a cleanup has met regulatory standards.

Highlights: The site is an active petroleum bulk plant that has operated since 1917. The above ground storage tanks (ASTs) store gasoline, diesel, and kerosene. A delivery truck released approximately 800 gallons of diesel to the surface of the site in July 2009 during AST filling operations. Approximately 110 tons of petroleum contaminated soil was excavated and transported to off-site for disposal.

Additional subsurface investigation was performed in September 2010. The investigation documented soil and groundwater contamination related to the site’s long term operations. Additional investigations were performed to determine the full extent and degree of contamination. Soil and groundwater contamination present at the site was determined by DEQ not to pose a risk to human health or the environment. The Voluntary Cleanup Program has reviewed has determined no further action is required.

How to comment: Send comments by 5 p.m., December 31, 2012, 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 3099 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 3099 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 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.

Request for Comments
Proposed No Further Action Determination for the Union Pacific Rail Road-Albina Yard

COMMENTS DUE: December 31, 2012 5:00 PM

PROJECT LOCATION: 1135 N Knott St., Portland, OR

PROPOSAL: In accordance with ORS 465.200, the Department of Environmental Quality (DEQ) invites public comment on the proposed No Further Action determination for the site.

HIGHLIGHTS: The Union Pacific Rail Road (UPRR)-Albina Yard property has been an active rail yard since the late 1800s. Historic and current operations at the yard include freight loading & transfer, and fueling operations. Environmental investigations identified an area of petroleum-impacted soil and groundwater in the southern portion of the rail yard. The investigations determined that the petroleum contamination is limited in area and not migrating to the nearby Willamette River. Low-level metals and polycyclic aromatic hydrocarbon (PAHs) impacts were also identified in shallow soil throughout the site. Higher levels of PAHs were present in a portion of the northern part of the site.

In 2011, UPRR completed a Remedial Investigation and Feasibility Study under DEQ. This work identified three areas of shallow soil in the north yard where PAHs exceeded risk based concentrations (RBCs) for human exposure. The petroleum-impacted area in the southern yard also exceeded applicable RBCs for human health, but there is no current complete exposure pathway as significant contamination is confined to shallow groundwater.

DEQ selected a cleanup action that involved excavation of shallow soil in the north yard, and institutional controls to prevent site worker contact with subsurface petroleum contamination in the south yard. UPRR completed the north yard cleanup action in August 2012. Engineering controls will be implemented for the petroleum-contaminated area of the south yard to prohibit groundwater use and minimize potential future exposure if excavation work occurs in this area. These controls will be memorialized in a deed restriction that will be recorded with the property deed in the Multnomah County recorder’s office.

DEQ welcomes public comments on the proposed No Further Action determination for the UPRR site.

HOW TO COMMENT: To review project records, contact Dawn Weinburger at (503) 229-5425 and ask for records for Environmental Cleanup Site Information (ECSI) site #178. The DEQ Project Manager is Michael Romero (503-229-5563). Written comments should be sent to Michael Romero at the Department of Environmental Quality, Northwest Region, 2020 SW 4th Avenue, Suite 400, Portland, OR 97201 and must be received no later than 5 pm on December 31, 2012. A public meeting will be held to receive verbal comments if requested by 10 or more people or by a group with a membership of 10 or more. Site information can also be found in DEQ’s on-line ECSI database at: http://www.deq.state.or.us/lq/ECSI/ecsi.htm, by searching on Site ID #178.

THE NEXT STEP: DEQ will consider all comments received and make a final decision on the proposed closure determination after consideration of these 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 & 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 DEQ’s TTY number, 1(800)735-2900.

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