Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 49281 

Inc.; Opi Products Inc.; Remo, Inc.; 

Santa Catalina Island Company; 

Sundance Spas, Inc.; Ultra-Flex 

Moulding Inc.; Vista Paint Corp.; 

California Acrylic Inc.; Sterigenics EO, 

Inc.; Mansfield Plumbing Products, LLC; 

Semtech Corp.; State of California, 

Office of State Publishing; and State of 

California, Dept. of Transportation. 

Through the proposed AOC, these 

settling parties will reimburse the 

United States $259,472 of its response 

costs, which total $683,755. The AOC 

provides the settling parties with a 

covenant not to sue and contribution 

protection for the costs and the removal 

action at the Site. The AOC will 

supplement EPA’s previous cost 

recovery settlement, EPA Docket No. 9–

2004–0014. 

For thirty (30) day following the date 

of publication of this Notice, the Agency 

will receive written comments relating 

to the proposed AOC. The Agency’s 

response to any comments will be 

available for public inspection at EPA’S 

Region IX offices, located at 75 

Hawthorne Street, San Francisco, 

California 94105. 

DATES: Comments must be submitted on 

or before September 22, 2005. 

ADDRESSES: The proposed Agreement 

may be obtained from Judith Winchell, 

Docket Clerk, telephone (415) 972–3124. 

Comments regarding the proposed 

Agreement should be addressed to 

Judith Winchell (SFD–7) at EPA Region 

IX, 75 Hawthorne Street, San Francisco, 

California 94105, and should reference 

the A-American Environmental 

Superfund Removal Site, Alhambra, 

California, and USEPA Docket No. 9–

2005–0014. 

FOR FURTHER INFORMATION CONTACT: J. 

Andrew Helmlinger, Office of Regional 

Counsel, telephone (415) 972–3904, 

USEPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105. 

Dated: August 12, 2005. 

Keith A. Takata, 

Director, Superfund Division. 

[FR Doc. 05–16684 Filed 8–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 email at stoy.alyse@epa.gov, 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 stoy.alyse@epa.gov. 

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 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MD Docket No. 05–59; DA 05–2087] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2005 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice.