[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Pages 32750-32751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13699]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7506-6]


Notice of Proposed Prospective Purchaser Agreement Pursuant to 
CERCLA and RCRA, BKK Landfill Site, West Covina, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: Notice is hereby given that a proposed prospective purchaser 
agreement associated with the BKK Landfill site, located in West 
Covina, Los Angeles County, California was

[[Page 32751]]

executed by the Agency on May 22, 2003, and concurred upon by the 
United States Department of Justice on May 13, 2003. The site is an 
interim status hazardous waste facility. The agreement, between the 
City of West Covina, California (the ``City''), and the United States, 
is subject to final approval after the comment period. The Prospective 
Purchaser Agreement would resolve certain potential EPA claims under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended by the Superfund Amendments and Reauthorization 
Act of 1986 (``CERCLA''), and potential claims under section 3008(h) of 
the Resource Conservation and Recovery Act (``RCRA'').
    The City plans to purchase approximately 158 acres of the 583-acre 
BKK hazardous waste facility for redevelopment into sports, recreation 
and commercial uses. Under this proposed prospective purchaser 
agreement, the City would be required to implement a workplan for 
monitoring soil, soil-gas and indoor air at any development involving a 
park or playground that the City approves on certain specified portions 
of the property it plans to purchase if the facility owner/operator, 
the BKK Corporation (``BKK''), fails to do so and if funds are 
available to the City to implement that workplan. Under a separate 
agreement being entered into between the City, BKK and Wells Fargo 
Bank, the City also has certain obligations to oversee BKK's use of the 
funds obtained from the purchase of the property for compliance with 
local, State and federal requirements at the BKK Landfill site.
    The City is required to grant access to the property to EPA, its 
authorized officers, employees, representatives, and all other persons 
performing response actions under EPA oversight.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
proposed settlement. The Agency's response to any comments received 
will be available for public inspection at the U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105 and the information repository for the BKK Landfill 
site located at the West Covina Public Library, 1601 West Covina 
Parkway, West Covina, CA 91790.

DATES: Comments must be submitted on or before July 2, 2003.

ADDRESSES: Comments may be submitted to Mimi Newton, Assistant Regional 
Counsel (ORC-3), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, California 94105 (e-mail: 
[email protected]). Comments should reference ``The BKK Landfill Site 
Prospective Purchaser Agreement.''
    Availability: The proposed settlement is available for public 
inspection at the U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, California 94105, and the information 
repository for the BKK Landfill site located at the West Covina Public 
Library, 1601 West Covina Parkway, West Covina, CA 91790. A copy of the 
proposed agreement may be obtained from Mimi Newton, Assistant Regional 
Counsel (ORC-3), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, California 94105 (e-mail: 
[email protected]).

FOR FURTHER INFORMATION CONTACT: Mimi Newton, Assistant Regional 
Counsel (ORC-3), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, California 94105, (415) 972-3941; e-
mail: [email protected].

    Dated: May 21, 2003.
Jeff Scott,
Director, Waste Management Division, Region IX.
    Dated: May 16, 2003.
Keith Takata,
Director, Superfund Division, Region IX.
[FR Doc. 03-13699 Filed 5-30-03; 8:45 am]
BILLING CODE 6560-50-P