[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12928]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7671-8]
Notice of Proposed Settlement Agreement Under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA)
as Amended, 42 U.S.C. 9606(a) and 9622(h), Agromac/Lockwood Superfund
Site, Gering, NE, Docket No. CERCLA-07-2003-0302
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed settlement agreements, Lockwood Corporation
and Agromac International, Inc., Agromac/Lockwood Superfund Site,
Gering, Nebraska.
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SUMMARY: Notice is hereby given that two proposed settlement agreements
regarding the Lockwood Corporation and Agromac International, Inc.
Superfund Site (Agromac/Lockwood), located in Gering, Nebraska, were
signed by the United States Environmental Protection Agency (EPA) on
December 17, 2003, and signed by the United States Department of
Justice (DOJ) on May 1, 2004. 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. 6973(d).
DATES: EPA will receive written comments relating to these proposed
settlement agreements until July 9, 2004.
ADDRESSES: Comments should be addressed to E. Jane Kloeckner, Senior
Assistant Regional Counsel, United States Environmental Protection
Agency, Region VII, 901 N. 5th Street, Kansas City, Kansas 66101 and
should refer to: In the Matter of Agromac/Lockwood Superfund Site,
Gering, Nebraska, Docket No. CERCLA-07-2003-0302. Comments may also be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, P.O. Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611, and should refer to In re: Lockwood
Corporation, D.J. Ref. 90-11-2-06925.
These proposed settlement agreements may be examined or obtained in
person or a copy requested by mail from the office of the United States
Environmental Protection Agency, Region VII, 901 N. 5th Street, Kansas
City, KS 66101, (913) 551-7235. The Settlement Agreements may be
examined at the Office of the United States Attorney, 1620 Dodge
Street, Suite 1400, Omaha, NE 68102-1506. A copy may also be obtained
by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department
of Justice, Washington, DC 20044-7611 or by faxing a request to Tonia
Fleetwood, fax No. (202) 514-0097, phone confirmation number (202) 514-
1547. In requesting a copy, please enclose a check in the amount of
$3.75 for the Bankruptcy Agreement, or $19.50 for the Administrative
Order (25 cents per page reproduction cost) payable to the U.S.
Treasury.
SUPPLEMENTARY INFORMATION: These proposed settlements are intended to
resolve the CERCLA liability of Lockwood Corporation, Debtor
(Lockwood), and Agromac International, Inc. (Agromac) for response
actions at the Agromac/Lockwood Site. This Site is located on Highway
92 East in Gering, Nebraska, and encompasses approximately 80 acres. It
is generally in a commercial/agricultural area; however, a few
residential homes are nearby.
Prior to acquisition by Agromac, the entire facility was owned by
Lockwood, which manufactured and galvanized irrigation equipment and
manufactured potato harvesting machines beginning in the early 1970s.
In 1976, Agromac brought the facility and leased the irrigation
manufacturing/galvanizing portion of the Block P Parcel to Powerhorse
Lockwood Irrigation, Inc. (PLI), a defunct Nebraska corporation. During
operations by Lockwood Corporation through 1984, Lockwood disposed of
some hazardous wastes in a waste acid evaporation pond. In 1989,
Lockwood obtained a RCRA Post Closure Permit from the State of Nebraska
and a RCRA Corrective Action Permit from EPA, Region VII, which
regulates the post-closure care of the evaporation pond and corrective
action for six solid waste management units throughout the Agromac/
Lockwood Site.
Agromac and Lockwood have been identified by EPA as eligible for a
settlement based on their limited ability to pay for cleanup and
reimburse response costs using EPA's Superfund Ability to Pay (ATP)
Guidance. The Lockwood agreement is embodied in a Settlement under the
United States Bankruptcy Court in Nebraska because Lockwood is under
supervision of the US Bankruptcy Trustee due to its petition for
liquidation under Chapter 7 of the US Bankruptcy Code. The Settlement
Agreement is between the Lockwood Corporation Bankruptcy Trustee,
Agromac International Inc., and the United States. The Agreement
provides for (i) the hazardous waste management unit to be transferred
from Lockwood to Agromac, and (ii) transfer of the remaining funds in
the bankruptcy estate, net of $52,000 in reimbursement of monitoring
expenditures and fees, to an escrow account for use in cleaning up the
property in accordance with the companion Administrative Order on
Consent entered into between Agromac and the EPA. In return for the
commitments by the Trustee, the United States grants Lockwood a
covenant not to sue under sections 106 and 107 of CERCLA, 42 U.S.C.
9606 and 9607, and section 7003 of the Resource Conservation and
Recovery Act, 42 U.S.C. 6973, relating to the Agromac/Lockwood Site.
The settlement with Agromac is pursuant to section 107 and 122 of
CERCLA. The agreement provides for Agromac to pay $65,000 to EPA and
perform the final removal action at the Site. In addition, the Agromac
settlement has certain re-openers for changed financial condition if
Agromac sells real estate above its book value, in which case 40% of
the excess proceeds will be paid to EPA. Agromac agrees to use all
funds received in the Bankruptcy distribution from Lockwood to pay for
the response actions. If the removal action costs less than Agromac
received from the bankruptcy distribution, the remaining proceeds from
the distribution will be paid to EPA. In return for the commitments by
the Agromac, the United States grants Agromac a covenant not to sue
under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating
to the Agromac/Lockwood Site.
Dated: May 24, 2004.
James B. Guilliford,
Regional Administrator, Region VII.
[FR Doc. 04-12928 Filed 6-8-04; 8:45 am]
BILLING CODE 6560-50-M