[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Page 5799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2790]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-3230-6]
Proposed Agreement Pursuant to 122(g)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act for the
MacGillis & Gibbs / Bell Lumber & Pole Site
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice; Request for public comment.
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SUMMARY: In accordance with 122(i)(1) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1984, as
amended (``CERCLA''), notification is hereby given of a proposed
administrative agreement concerning the MacGillis & Gibbs / Bell Lumber
& Pole Superfund Site at 440 Fifth Avenue N.W. in New Brighton,
Minnesota (the ``Site''). EPA proposes to enter into this agreement
under the authority of 122(g)(1)(B) of CERCLA. The proposed agreement
has been executed by Hypro Corporation (``Hypro'').
EPA listed the Site on the National Priorities List in 1984 after
initial investigations revealed the presence of hazardous substances,
including wastes associated with pentachlorophenol and creosote-based
wood treating processes at the Site. EPA selected a final remedy for
the Site in 1994, which included a groundwater extraction and treatment
phase. Since then, EPA has incurred response costs mitigating an
imminent and substantial endangerment to human health or the
environment present or threatened by hazardous substances present at or
near the Site, including hazardous substances migrating with an aquifer
to the east of the Site. Hypro owns real property to the east of the
Site and situated above an aquifer contaminated with hazardous
substances associated with the Site. Hypro has represented to EPA that
it did not generate, treat, store or dispose of any hazardous
substances at the Site and did not transport any hazardous substances
to the Site, and has not permitted the contamination or contributed to
it. Under the proposed agreement, Hypro will grant access to its real
property to the EPA and, upon assignment, the State of Minnesota, for
the purpose of installing, operating and maintaining an extraction well
cluster and related equipment for use in connection with the
groundwater phase remedy at the Site. Hypro waives any claims against
the Superfund for reimbursement of costs and for any potential claims
under the Constitution for diminution of its property value resulting
from the presence of the groundwater extraction equipment. EPA agrees
to give Hypro protection from third-party claims under CERCLA for
contribution and a covenant not to sue, subject to standard reopeners.
For thirty days following the date of publication of this notice,
the Environmental Protection Agency will receive written comments
relating to this proposed agreement. EPA will consider all comments
received and may decide not to enter this proposed agreement if
comments disclose facts or considerations which indicate that the
proposed agreement is inappropriate, improper or inadequate.
DATES: Comments on the proposed agreement must be received by EPA on or
before March 8, 1999.
ADDRESSES: Comments should be addressed to the Docket Clerk, U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois, 60604-3590, and should refer to: In the Matter of
Hypro Corporation, New Brighton, Minnesota, U.S. EPA Docket No. V-W-99-
C-524.
FOR FURTHER INFORMATION CONTACT: Thomas M. Williams, U.S. Environmental
Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson
Boulevard, Chicago, Illinois, 60604-3590, (312) 886-0814.
A copy of the proposed administrative settlement agreement may be
obtained in person or by mail from the EPA's Region 5 Office of
Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois, 60604-
3590. Additional background information relating to the settlement is
available for review at the EPA's Region 5 Office of Regional Counsel.
Authority: The Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 U.S.C. Sections
9601-9675.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 99-2790 Filed 2-4-99; 8:45 am]
BILLING CODE 6560-50-P
