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
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.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion
Environmental Protection Agency (EPA) is granting petitions submitted by Shell Oil Company (Shell Oil Company) to exclude (or delist) certain wastes generated by its Houston, TX Deer Park facility from the lists of hazardous wastes. This final rule responds to petitions submitted by Shell Oil Company to delist F039 and F037 wastes. The F039 waste is generated from the refinery wastewater treatment plant, North Effluent Treater (NET) and primary solids from Shell Chemical and the South Effluent Treatment (SET). The F037 waste North Pond Sludge is generated from the process wastewater, gravel and road base that has settled from storm water flow to the pond. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned wastes are not hazardous waste. The F039 exclusion applies to 3.36 million gallons per year (16,619 cubic yards) of multi-source landfill leachate. The F037 exclusion is a one time exclusion for 15,000 cubic yards of the sludge. Accordingly, this final rule excludes the petitioned wastes from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).
Board of Scientific Counselors, Executive Committee Meeting-Fall 2005
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of an Executive Committee meeting of the Board of Scientific Counselors (BOSC).
Proposed CERCLA Administrative Agreement for Recovery of Past Response Costs; A-American Environmental Superfund Removal Site
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Action (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Order on Consent (``AOC,'' Region 9 Docket No. 9-2005-0014) pursuant to section 122(h) of CERCLA concerning the A-American Environmental Removal Site (the ``Site''), located in Alhambra, California. The respondents to the AOC are thirty-one among approximately 600 parties that arranged for the disposal of hazardous substances at the Site, for which EPA incurred response costs. The respondents are: United States Department of Veterans Affairs; Alger Manufacturing Company, Inc.; American Fabrication Corp.; City of Los Angeles, Dept. of Public Works; County of Los Angeles; Duthie Electric; Epmar Corporation; EZ Lube, Inc.; FedEx Ground Package System, Inc.; Flint Ink North America Corporation; Forrest Machining, Inc.; Graphic Center; Gruber Systems, Inc.; Haskel International Inc.; Jacuzzi Whirlpool Bath, Inc.; Los Angeles Chemical Co.; Los Angeles County Metropolitan Transportation Authority; M C Gill Corp.; NeoMPS, 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.