[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Notices]
[Pages 43246-43247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21282]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5554-4]


Proposed De Minimis Settlement Under Section 122(g) of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA), as Amended, Bonifield Brothers Superfund Site, St. 
Louis, Missouri

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed de minimis settlement under Section 122(g) 
of the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980 (CERCLA), as amended, Bonifield Brothers Superfund Site, 
St. Louis, Missouri.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
proposing to enter into a de minimis administrative settlement to 
resolve claims under the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 
9622(g). This settlement is intended to resolve the potential liability 
of 3529 Hickory, Inc. and Gateway Airgas, Inc. for the response costs 
incurred in connection with the Bonifield Brothers Superfund Site, St. 
Louis, Missouri (the ``Site'').

DATES: Written comments must be provided on or before September 20, 
1996.

ADDRESSES: Comments should be addressed to the Regional Administrator, 
United States Environmental Protection Agency, Region VII, 726 
Minnesota Avenue, Kansas City, Kansas 66101 and should refer to: In the 
Matter of the Bonifield Brothers Site, St. Louis, Missouri, EPA Docket 
No. 96-F-0024.

FOR FURTHER INFORMATION CONTACT:
J. Scott Pemberton, Senior Assistant Regional Counsel, United States 
Environmental Protection Agency, Region VII, 726 Minnesota Avenue, 
Kansas City, Kansas 66101, (913) 551-7276.

SUPPLEMENTARY INFORMATION: The proposed settling parties are 3529 
Hickory, Inc., the current owner of the property that constitutes the 
Bonifield Brothers Dioxin Site located at 3529 Hickory Street, St. 
Louis, Missouri, and Gateway Airgas, Inc., a successor corporation to 
the Acetylene Gas Company (AGC). Sometime during the period from 1971 
to 1973, the Site was sprayed for dust control with waste oil 
contaminated with 2,3,7,8 tetrachlorodibenzo-p-dioxin (``dioxin''), 
when it was owned and operated by Bonifield Brothers Company as a truck 
terminal. In April 1976, AGC acquired the Site property from the 
Bonifield Brothers Company for use as a manufacturing and storage 
facility as part of its gas operation. Based upon current information, 
AGC purchased the property without knowledge that it was contaminated 
with dioxin. On January 16, 1996, the sole owners of the stock of AGC 
formed 3529 Hickory, Inc., a wholly-owned subsidiary of AGC. On January 
19, 1996, AGC transferred ownership of the Site property to 3529 
Hickory, Inc., whose sole asset is the Site property. Also on January 
19, 1996, AGC merged with and into Gateway Airgas, Inc., whereupon the 
corporate existence of AGC ceased.

    AGC paved the Site property with asphalt in 1977. AGC utilized the 
Site property until 1982 when it became aware of the dioxin 
contamination. Since 1982, the property has been used only for parking 
and heliport purposes.
    Analytical results from sampling at the Site by the City of St. 
Louis on April of 1984 revealed dioxin contamination ranging from 12.9 
parts per billion (ppb) to 55.8 ppb. Analytical results from samples 
collected in May 1990 revealed wide variations in dioxin 
concentrations, up to 1445 ppb.
    On September 20, 1995, the Regional Administrator, EPA Region VII, 
issued an Action Memorandum approving a removal action at the Site. 
Following the excavation of the asphalt cap and gravel layer, the Site 
soils were sampled. All soils contaminated above 1 ppb were excavated 
and transported to Times Beach, Missouri for incineration. Excavation 
and transportation of contaminated soils from the Site was completed on 
December 20, 1995.
    The proposed settlement provides access to 3529 Hickory, Inc.'s 
property to EPA, its employees or any other duly authorized 
representatives to enter and perform environmental response actions 
upon the property pursuant to the provisions of CERCLA Section 104. In 
addition, 3529 Hickory, Inc. has agreed to require any lessee or 
transferee of its property, as a term of any sale, lease or other 
transfer, to grant access as set forth above.
    The proposed settlement involves no financial terms; the proposed 
settling parties are required only to provide access. The proposed de 
minimis settlement provides that EPA will covenant not to sue 3529 
Hickory, Inc. and Gateway Airgas, Inc. 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 1980, as 
amended (RCRA), 42 U.S.C. 6973. The proposed settlement contains a 
reopener clause which nullifies the covenant not to sue if any 
information becomes known to EPA that indicates that 3529 Hickory, Inc. 
or Gateway Airgas, Inc. (1) conducted or

[[Page 43247]]

permitted the generation, transportation, storage, treatment or 
disposal of any hazardous substance at the Site; (2) contributed to a 
release or threat of release of a hazardous substance at the Site 
through any act or omission; or (3) that 3529 Hickory, Inc. or Gateway 
Airgas, Inc. no longer meet the criteria for a de minimis settlement 
set forth in Section 122(g)(1)(B) of CERCLA, 42 U.S.C. 9622(g)(1)(B).
Delores Platt,
Acting Regional Administrator.
[FR Doc. 96-21282 Filed 8-20-96; 8:45 am]
BILLING CODE 6560-50-M