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2110 Ironwood Parkway • Coeur d’Alene, Idaho • 83814 • (208) 769-1422 C. L. “Butch” Otter, Governor Curt Fransen, Director STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY July 3, 2012 Ms. Terri Griffith EPA Region 10 1200 Sixth Avenue (ECL-112) Seattle, WA 98101 RE: Letter from State Authority – Petroleum Site Eligibility Determination for the Palouse River and Coulee City Railroad acre property located adjacent to the former Sharp Oil, Moscow, Idaho Dear Ms. Griffith: This letter serves as the Idaho Department of Environmental Quality (IDEQ), the designated State Environmental Authority, Petroleum Site Eligibility Determination for the Palouse River and Coulee City Railroad (Site), Latah County parcel #RPM00000173755. Moscow, ID 83843. This 6.82 acre parcel, located adjacent to the former Sharp Oil located at 1102 and 1104 S. Main Street. The City of Moscow’s Brownfields Coalition Assessment (Coalition) requires access onto the Site to conduct additional site characterization and complete a risk analysis on the former Sharpe Oil site, where a petroleum bulk storage and distribution facility was operated from the 1950's to 1999. Both above ground and underground storage tanks were used on the site during this time. In February 2011, Moscow, provided IDEQ with information regarding the potentially petroleum contaminated site and property ownership for the former Sharpe Oil. The Coalition provided IDEQ with information on the Site. Based on the information provided, IDEQ has determined that: “Relatively Low Risk” The site is of relatively low risk. IDEQ concludes this is an eligible site because factors and the “high risk” sites currently being cleaned up with LUST trust fund monies and those that are currently subject to a response under the Oil Pollution Act, are not met. This site is not and has never been cleaned up with LUST trust fund monies nor has it been responded to under the Oil Pollution Act. In IDEQ’s view, these conditions establish a relatively low risk situation. “A Site for Which There is no Viable Responsible Party” There is no viable responsible party. IDEQ concludes this is an eligible site because factor no responsible party has been identified is met. DEQ determines factor is met because no responsible party has been identified for this site through any judgments, federal or state enforcement actions, or citizen suits. Factor the current and immediate past owner did not ---PAGE BREAK--- Page 2 dispense or own the property during the time operation is met because the Tank Farm was located on the former Sharpe Oil property and the current Site owner, Palouse River and Coulee City Railroad, did not operate a Tank Farm and the past owner, Union Pacific Rail Road, did not operate a Tank Farm system and factor the party is financially capable, is not met because the past owner of the former Sharpe Oil is deceased. “Cleaned Up by a Person Not Potentially Liable” This site will be assessed by a person not potentially liable. IDEQ concludes this is an eligible site because the applicant, the City of Moscow, has never owned or operated the PST system that was located at the site and has not otherwise caused or contributed to the petroleum contamination. “It is Not Subject to any Order Issued Under §9003(h) of the Solid Waste Disposal Act” The petroleum-contaminated site is not subject to any order issued under 9003(h) of the Solid Waste Disposal Act, as confirmed by DEQ records and institutional knowledge concerning this site. In addition, the current and immediate past owner are not subject to a 9003(h) order with respect to this site. The information reviewed above is consistent with the determinations set forth in Section 101 (39)(d)(II)(bb) of CERCLA. Sincerely, Steve W. Gill, Brownfields Specialist cc: Aaron Scheff, IDEQ Brownfields Program Manager Michael Camin, IDEQ Regional Engineering Manager, Lewiston Region Office