[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Pages 33124-33125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13565]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7505-7]


Notice of Proposed De Minimis Settlement 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, St. Louis 
County, MO, Docket No. CERCLA-07-2003-0087

AGENCY: Environmental Protection Agency.

ACTION: Notice of Proposed De minimis Settlement, Great Lakes Container 
Corporation Superfund Site, St. Louis, Missouri.

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SUMMARY: Notice is hereby given that a proposed de minimis 
administrative settlement regarding Saveway Petroleum (Saveway) and the 
United States Environmental Protection Agency (EPA) was signed by the 
EPA on April 3, 2003. The facility that is the subject of this de 
minimis settlement is the Great Lakes Container Corporation Superfund 
Site (Site), located in St. Louis, Missouri.

DATES: EPA will receive written comments relating to the proposed de 
minimis settlement until July 3, 2003.

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 Superfund Site, City of St. Louis, St. Louis 
County, Missouri, Docket No. CERCLA-07-2003-0087.

FOR FURTHER INFORMATION CONTACT: Denise L. Roberts, Senior Assistant 
Regional Counsel, United States Environmental Protection Agency,

[[Page 33125]]

Region VII, 901 N. 5th Street, Kansas City, Kansas 66101.

SUPPLEMENTARY INFORMATION: This proposed settlement is intended to 
resolve the liability of Saveway Petroleum at the Great Lakes Container 
Corporation Superfund Site in St. Louis, Missouri.
    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 from the 1950's to 1976 and then 
operated as Great Lakes Container Corporation. EPA conducted a time-
critical removal completed in 1998 that consisted primarily of soil and 
drum removal. 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 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.
    This settlement is being offered to Saveway because it is 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 de minimis 
parties 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 Saveway was minimal as compared to other parties' shares 
of hazardous substances. The EPA determined this amount to be Saveway's 
fair share of liability based on the amount of hazardous substances 
generated and disposed of at the Site and the volume of waste 
contributed. However, because Saveway has demonstrated an inability to 
pay, it will not be required to pay any of EPA's past costs at the 
Site. As a result, Saveway has agreed to provide access to EPA and 
maintain records for five (5) years.
    The settlement also includes 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 Saveway 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 clause which nullifies the covenant not to sue if any 
information becomes known to EPA that indicates that Saveway no longer 
meets 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 United States 
maintains the ability to bring an action in the event that the 
financial information provided by Saveway was false. The covenant not 
to sue does not apply to the following matters:
    (a) 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;
    (b) Criminal liability; or
    (c) 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 settlement will become effective upon the date which 
the EPA issues a written notice to Saveway 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: May 22, 2003.
James B. Gulliford,
Regional Administrator, Region VII.
[FR Doc. 03-13565 Filed 6-2-03; 8:45 am]
BILLING CODE 6560-50-P