[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Page 49281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16690]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7957-9]


Notice of Proposed Agreement Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
Amended by the Superfund Amendments and Reauthorization Act (CERCLA), 
and the Resource Conservation and Recovery Act (RCRA), Garvey Elevator 
Site, Hastings, NE

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed agreement for the Garvey Elevator Site.

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SUMMARY: In accordance with section 122(i)(1) of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended 
(CERCLA), 42 U.S.C. 9622(i)(1), and section 7003(d) of the Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 9673(d), notice is 
hereby given of a proposed agreement concerning the Garvey Elevator 
Site (Site) located in Hastings, Nebraska, with AGP Grain Marketing, 
LLC (AGP) and Garvey Elevators, Inc. (Garvey). The agreement was 
executed by the United States Environmental Protections Agency on July 
11, 2005, and concurred upon by the United States Department of Justice 
on August 8, 2005. The agreement would resolve certain potential CERCLA 
and RCRA claims against AGP Grain Marketing, LLC, and is subject to 
final approval after the comment period.
    The Site is an active grain elevator facility. The proposed 
agreement requires AGP Grain Marketing, LLC to pay $2,050,000.00 into 
an escrow account following the sale of the Site property to AGP to be 
used by Garvey to implement response actions at the Site. In addition, 
AGP will be required to provide access to the Site, refrain from any 
activity that would interfere with the response actions or exacerbate 
the existing contamination at the Site, and comply with certain use 
restrictions. Appendix A to the Agreement is the Escrow Agreement that 
details the process for EPA to approve disbursements from the Escrow 
Fund. The Escrow Agreement also provides for a Security Agreement to be 
executed by Garvey and EPA. The proposed agreement grants AGP a 
covenant not to sue pursuant to sections 106 and 107(a) of CERCLA, 42 
U.S.C. 9606 and 9607(a), subject to certain EPA reservations of rights.
    This notice is also given in accordance with section 7003(d) of 
RCRA. The proposed agreement also includes an EPA covenant not to sue 
AGP pursuant to section 7003 of RCRA, 42 U.S.C. 9673. Commenters may 
request an opportunity for a public meeting in the affected area in 
accordance with section 7003(d) of RCRA, 42 U.S.C. 9673(d).
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating to the proposed 
agreement. EPA will consider all comments received, and may withdraw or 
withhold its consent to the proposed agreement if such comments 
disclose facts or considerations which indicate the proposed settlement 
is inappropriate, improper or inadequate. EPA's response to any written 
comments received will be available for public inspection at the U.S. 
Environmental Protection Agency, Region VII, 901 N. 5th Street, Kansas 
City, KS 66101, and at a local information repository near the Site.

DATES: Comments must be submitted on or before September 22, 2005.

ADDRESSES: The proposed agreement is available for public inspection at 
the U.S. Environmental Protection Agency, Region VII, 901 N. 5th 
Street, Kansas City, Kansas 66101. A copy of the proposed agreement may 
be obtained from Alyse Stoy, Assistant Regional Counsel, U.S. 
Environmental Protection Agency, Region VII, 901 N. 5th Street, Kansas 
City, Kansas 66101, (913) 551-7826. Comments should be addressed to 
Alyse Stoy at the above address or by e-mail at <a href="/cdn-cgi/l/email-protection#86f5f2e9ffa8e7eafff5e3c6e3f6e7a8e1e9f0"><span class="__cf_email__" data-cfemail="cebdbaa1b7e0afa2b7bdab8eabbeafe0a9a1b8">[email protected]</span></a>, and 
should reference the Garvey Elevator Site Agreement, Hastings, 
Nebraska, and U.S. EPA Region VII Docket No. CERCLA-07-2005-0268.

FOR FURTHER INFORMATION CONTACT: Alyse Stoy, Assistant Regional 
Counsel, U.S. Environmental Protection Agency, Region VII, 901 N. 5th 
Street, Kansas City, Kansas 66101, (913) 551-7826, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#364542594f18575a4f45537653465718515940"><span class="__cf_email__" data-cfemail="3043445f491e515c494355705540511e575f46">[email protected]</span></a>.

    Dated: August 10, 2005.
William Rice,
Acting Regional Administrator, Region VII.
[FR Doc. 05-16690 Filed 8-22-05; 8:45 am]
BILLING CODE 6560-50-P


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