[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30918-30920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11453]


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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,

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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

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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