[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