[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