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Notice of Proposed de Minimis Settlements Under Section 122(g) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) as Amended, 42 U.S.C. 9622(g), Great Lakes Container Corporation Superfund Site, City of St. Louis, MO, St. Louis County, MO, Docket No. CERCLA-07-2002-0124
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 8, 2002 (Volume 67, Number 89)]
[Notices]
[Page 30918-30920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my02-101]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7208-7]
Notice of Proposed de Minimis Settlements Under Section 122(g) of
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (CERCLA) as Amended, 42 U.S.C. 9622(g), Great Lakes
Container Corporation Superfund Site, City of St. Louis, MO, St. Louis
County, MO, Docket No. CERCLA-07-2002-0124
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: The United States Environmental Protection Agency (EPA) has
entered into a de minimis administrative settlement to resolve claims
against 78 de minimis parties under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as amended,
42 U.S.C. 9622(g). These settlements are intended to resolve the
liability of the following parties for: ACF Industries; A.O. Smith
Corporation; Ashland, Inc.; Atlantic Richfield Company; Baker
Petrolite; BASF Corporation; Bioproducts, Inc.; BP Products North
America, Inc. (f/k/a Amoco Oil Co.); Brenntag Mid-South, Inc. (f/k/a
PB&S Chemical Co., Inc.); Bristol-Meyers Squibb Company; Buckman
Laboratories; Burkhart Foam, Inc.; Cerro Copper Products Company; Chart
Automotive Group, Inc.; Chevron USA, Inc.; Conoco, Inc.; Consultant
ubricants, Inc.; Crown Cork & Seal Company, Inc. on its own behalf and
for Continental Can Co.; Daimler-Chrysler Corporation; Delano Oil
Company; Dennis Chemical Company; deVan Sealants, Inc.; E.I. duPont de
Nemours & Company; Energy Petroleum Company; Exxon Mobil Corporation
(f/k/a Mobil Oil Company); Ford Motor Company; Fuchs Lubricants (f/k/a
Century Lubricants, Inc.); Geldbach Petroleum Company, Inc.; General
Motors Corp.; Great Lakes Chemical Corp.; Griffin L.L.C.; G.S. Robins
and Company; Guth Lighting Systems, Division of JJI Lighting Group,
Inc.; Harcros Chemicals, Inc.; Hartog Oil Company; H.B. Fuller Company;
Healdton Oil Company, Inc.; Hicks Oils,
[[Page 30919]]
Inc.; Hohn Manufacturing; Ingersoll-Rand Company (f/k/a Hussman
Corporation); INX International Ink Company; Jackes-Evans Manufacturing
Company; J.D. Streett & Company, Inc.; Jefferson Smurfit Corporation;
Jenkin-Guerin, Inc.; Koch Materials Company; Luebbering Oil Company;
Mango Distributing Company; Marathon Ashland Petroleum LLC; Marconi
Data Systems (f/k/a Marsh Stencil Machine Company); Marcus Research
Laboratory, Inc.; McDonnell Douglas Corporation; McKesson Corporation
for its subsidiary McKesson Chemical Company; Meramec Group, Inc.;
Metal Container Corporation; Mid-West Industrial Chemical Company;
Minnesota Mining & Manufacturing Co.; Minwax Company for Eastman Kodak;
Missouri Highways and Transportation Commission and the Missouri
Department of Transportation; Missouri Paint & Varnish; MO-Tac Company;
Mozel, Ellis & Everard (US Holdings), Inc.; National Steel Corporation,
Granite City Division; Nestles USA, Inc.; Nuway, Inc.; The P.D. George
Company; Pennzoil-Quaker State Company; Performance Polymers, Inc.;
Phillips Petroleum Company; P.P.G. Industries, Inc.; The Proctor &
Gamble Manufacturing Company; Schaeffer Manufacturing Company; Sequa
Corporation; Sieveking, Inc.; Superior Oil Company, Inc. (a/k/a
Superior Solvents & Chemicals); Texaco Group, Inc.; Transchemical,
Inc.; and U.S. Polymers, Inc.
DATES: EPA will receive written comments relating to the proposed de
minimis settlements by June 7, 2002.
ADDRESSES: Comments should be addressed to the Regional Administrator,
United States Environmental Protection Agency, Region VII, 901 N. 5th
Street, Kansas City, Kansas 66101 and should refer to: In the Matter of
the Great Lakes Container Corporation Superfund Site, City of St.
Louis, St. Louis County, Missouri, CERCLA Docket Nos.
FOR FURTHER INFORMATION CONTACT: Denise L. Roberts, Senior Assistant
Regional Counsel, United States Environmental Protection Agency, Region
VII, 901 N. 5th Street, Kansas City, Kansas 66101, (913) 551-7559.
SUPPLEMENTARY INFORMATION: The de minimis administrative settlement is
intended to resolve the liability of the following parties for: ACF
Industries; A.O. Smith Corporation; Ashland, Inc.; Atlantic Richfield
Company; Baker Petrolite; BASF Corporation; Bioproducts, Inc.; BP
Products North America, Inc. (f/k/a Amoco Oil Co.); Brenntag Mid-South,
Inc. (f/k/a PB&S Chemical Co., Inc.); Bristol-Meyers Squibb Company;
Buckman Laboratories; Burkhart Foam, Inc.; Cerro Copper Products
Company; Chart Automotive Group, Inc.; Chevron USA, Inc.; Conoco, Inc.;
Consultant Lubricants, Inc.; Crown Cork & Seal Company, Inc. on its own
behalf and for Continental Can Co.; Daimler-Chrysler Corporation;
Delano Oil Company; Dennis Chemical Company; deVan Sealants, Inc.; E.I.
duPont de Nemours & Company; Energy Petroleum Company; Exxon Mobil
Corporation (f/k/a Mobil Oil Company); Ford Motor Company; Fuchs
Lubricants (f/k/a Century Lubricants, Inc.); Geldbach Petroleum
Company, Inc.; General Motors Corp.; Great Lakes Chemical Corp.;
Griffin L.L.C.; G.S. Robins and Company; Guth Lighting Systems,
Division of JJI Lighting Group, Inc.; Harcros Chemicals, Inc.; Hartog
Oil Company; H.B. Fuller Company; Healdton Oil Company, Inc.; Hicks
Oils, Inc.; Hohn Manufacturing; Ingersoll-Rand Company (f/k/a Hussman
Corporation); INX International Ink Company; Jackes-Evans Manufacturing
Company; J.D. Streett & Company, Inc.; Jefferson Smurfit Corporation;
Jenkin-Guerin, Inc.; Koch Materials Company; Luebbering Oil Company;
Mango Distributing Company; Marathon Ashland Petroleum LLC; Marconi
Data Systems (f/k/a Marsh Stencil Machine Company); Marcus Research
Laboratory, Inc.; McDonnell Douglas Corporation; McKesson Corporation
for its subsidiary McKesson Chemical Company; Meramec Group, Inc.;
Metal Container Corporation; Mid-West Industrial Chemical Company;
Minnesota Mining & Manufacturing Co.; Minwax Company for Eastman Kodak;
Missouri Highways and Transportation Commission and the Missouri
Department of Transportation; Missouri Paint & Varnish; MO-Tac Company;
Mozel, Ellis & Everard (US Holdings), Inc.; National Steel Corporation,
Granite City Division; Nestles USA, Inc.; Nuway, Inc.; The P.D. George
Company; Pennzoil-Quaker State Company; Performance Polymers, Inc.;
Phillips Petroleum Company; P.P.G. Industries, Inc.; The Proctor &
Gamble Manufacturing Company; Schaeffer Manufacturing Company; Sequa
Corporation; Sieveking, Inc.; Superior Oil Company, Inc. (a/k/a
Superior Solvents & Chemicals); Texaco Group, Inc.; Transchemical,
Inc.; and U.S. Polymers, Inc. In January 2002, Region VII entered into
a de minimis administrative settlement pursuant to section 122(g) of
CERCLA, 42 U.S.C. 9622(g) with 78 de minimis parties previously listed
for the Great Lakes Container Corporation Superfund Site.
Great Lakes Container Corporation is a former drum reclamation
company who operated at the Site from 1976 to 1985. The same business
was operated as Northwestern Cooperage Company from the 1950's to 1976
and then operated as Great Lakes Container Corporation. EPA conducted
time-critical removals completed in 1998 that consisted primarily of
soil and drum removals. The EPA incurred costs of approximately
$9,127,244.30. The hazardous substances at this Site consisted
primarily of lead and polychlorinated biphenyls. Liability is based on
the theory that the de minimis parties arranged for disposal of
hazardous substances at the Site by shipping drums for reclamation
coated with paint containing lead. The de minimis parties either
admitted that they sent drums for reclamation to the Site or EPA had
separate evidence to prove that de minimis parties sent drums for
reclamation to the Site.
The settlements have been approved by the U.S. Department of
Justice because the response costs in this matter exceed $500,000.00.
Total past costs are $8,733,482.70 and future costs will include costs
of litigation for recovering costs against remaining parties. This
settlement is being offered to those parties who are liable for no more
than one-quarter a percent (.25%) of EPA's past costs at the Site. The
majority of de minimis parties are each required to pay $4,839.44 or
$5,133.72 depending on whether the party was required to pay
prejudgment interest. Other settlements made for six parties de minimis
varied from $3,794.19 to $22,856.56 because more volume-specific
information was available for them allowing EPA to refine the
calculation. The amount and toxicity of hazardous substances
contributed by these parties were minimal as compared to other parties'
shares of hazardous substances. The EPA determined these amounts to be
the de minimis parties' fair share of liability based on the amount of
hazardous substances generated and disposed of at the Site and the
volume of waste contributed by each of the parties. These settlements
include contribution protection from lawsuits by other potentially
responsible parties as provided for under Section 122(g)(5) of CERCLA,
42 U.S.C. 9622(g)(5).
The de minimis settlement provides that EPA covenants not to sue
the de minimis parties for response costs at the Site or for injunctive
relief pursuant to Sections 106 and 107 of CERCLA and section 7003 of
the Resource Conservation and Recovery Act of 1976, as amended (RCRA),
42 U.S.C. 6973. The settlement contains a reopener
[[Page 30920]]
clause which nullifies the covenant not to sue if any information
becomes known to EPA that indicates that the parties no longer meet the
criteria for a de minimis settlement set forth in Section 122(g)(1)(A)
of CERCLA, 42 U.S.C. 9622(g)(1)(A). The covenant not to sue does not
apply to the following matters:
(a) Claims based on a failure to make the required payment;
(b) Claims based on the future arrangement for disposal or
treatment of any hazardous substance, pollutant, or contaminant at the
Site after the effective date of the de minimis settlement;
(c) Criminal liability; or
(d) Liability for damages or injury to, destruction of, or loss of
the natural resources and for the costs of any natural resource damage
assessments.
The de minimis settlements will become effective upon the date
which the EPA issues a written notice to the parties that the statutory
public comment period has closed and that comments received, if any, do
not require modification, of or EPA withdrawal from the settlement.
Dated: April 24, 2002.
William Rice,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region VII.
[FR Doc. 02-11453 Filed 5-7-02; 8:45 am]
BILLING CODE 6560-50-P