[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68388-68389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30171]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7594-6]


Notice of Proposed Prospective Purchaser Agreement Pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, 42 U.S.C. 9601, et seq., as Amended (CERCLA), Riverfront 
Superfund Site Operable Unit No. 1, New Haven, MO, EPA Docket No. 
CERCLA-07-2004-0004

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed Prospective Purchaser Agreement and 
opportunity for public comment.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
proposing to enter into an Agreement and Covenant Not to Sue 
(Prospective Purchaser Agreement) pertaining to the Riverfront 
Superfund Site, Operable Unit No. 1 (OU1) located in the City of New 
Haven, Franklin County, Missouri. In addition to the EPA, the parties 
to this Prospective Purchaser Agreement will be the United States 
Department of Justice, the Missouri Department of Natural Resources, 
the Missouri Attorney General's Office, and the Industrial Development 
Authority of the City of New Haven, Missouri, a Missouri industrial 
development corporation and the prospective purchaser.
    This Prospective Purchaser Agreement is subject to a 15 day public 
comment period, after which the United States, the EPA, and/or the 
State of Missouri may modify or withdraw their consent to the 
Prospective Purchaser Agreement if comments received disclose facts or 
considerations which indicate that this Prospective Purchaser Agreement 
is inappropriate, improper or inadequate.

DATES: Comments must be submitted on or before December 23, 2003.

ADDRESSES: Comments should be directed to David Hoefer, Attorney, 
United States Environmental Protection Agency, Region VII, 901 North 
5th Street, Kansas City, Kansas 66101-2798, and should reference the 
Riverfront Superfund Site, Operable Unit No.1, New Haven, Missouri, 
Prospective Purchaser Agreement, Docket No. CERCLA-07-2004-0004.
    A copy of the Prospective Purchaser Agreement may be obtained by 
contacting Mr. Hoefer at the above address, by phone at (913) 551-7503, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: New Haven, Missouri is a city with a 
population of approximately 1,700 located along the southern bank of 
the Missouri River in Franklin County, Missouri, approximately 40 miles 
west of St. Louis, Missouri. In 1986, the hazardous substance 
tetrachloroethene (``PCE''), was detected in two public-supply 
groundwater wells in the northern part of New Haven. Following this 
discovery, two new public-supply wells were installed in the southern 
part of the city, and several investigations into the source of the 
contamination were conducted by the Missouri Department of Natural 
Resources and EPA. The Riverfront Superfund Site is comprised of six 
operable units. The subject of this Prospective Purchaser Agreement is 
Operable Unit No. 1 (OU1). OU1 is located in the area of the northeast 
corner of Front Street and Cottonwood Street, just east of downtown New 
Haven. Located on OU1 is a 15,000 square foot, one story, concrete 
block and metal building. The highest PCE concentrations for OU1 have 
been detected in the soils beneath Front Street along the south side of 
this building. A plume of groundwater contaminated with PCE and its 
degradation products trichloroethene, cis-1,2-dichloroethene, and vinyl 
chloride emanates from this area of soil contamination and extends 
northward in the alluvium to the Missouri River where it discharges. 
This plume is not contributing to the PCE contamination that affected 
the city's closed water supply wells. On September 30, 2003, EPA issued 
a Record of Decision (ROD) for OU1. The ROD provides for the 
implementation of a remedial action to address contamination at OU1. 
The selected remedial action includes the use of an in-well stripper 
unit to treat contaminated soils and the head of the groundwater plume, 
as well as groundwater monitoring and institutional controls.
    The Prospective Purchaser Agreement would resolve certain claims 
that the United States and the State of Missouri may have against the 
Industrial Development Authority of the City of New Haven, Missouri, 
the prospective purchaser of OU1, pursuant to sections 106 and 107(a) 
of CERCLA, 42 U.S.C. 9606 and 9607(a), with respect to the existing 
contamination. In addition, the Industrial Development Authority of the 
City of New Haven, Missouri will receive protection from contribution 
actions or claims as provided by section 113(f)(2) of CERCLA, 42 U.S.C. 
9613(f)(2), for matters addressed in the Prospective Purchaser 
Agreement.
    Pursuant to the Prospective Purchaser Agreement the Industrial 
Development Authority of the City of New Haven,

[[Page 68389]]

Missouri has agreed to commit OU1 in perpetuity for civic, park, and/or 
parking purposes. It will also impose certain use restrictions on OU1 
through the grant of a restrictive covenant and easement to the State 
of Missouri; provide access to OU1 to the United States and the State 
for response action implementation, maintenance, and monitoring; 
provide notice of contamination to any successors in interest; exercise 
due care with regard to contamination at OU1; and cooperate with the 
United States and the State in its investigation and response to the 
release or threat of release of hazardous substances at OU1.
    If the Industrial Development Authority of the City of New Haven, 
Missouri fails to comply with the Prospective Purchaser Agreement, it 
shall be liable for litigation and other enforcement costs incurred by 
the United States to enforce the Prospective Purchaser Agreement or 
otherwise obtain compliance.

    Dated: November 25, 2003.
William Rice,
Acting Regional Administrator, Region VII.
[FR Doc. 03-30171 Filed 12-5-03; 8:45 am]
BILLING CODE 6560-50-P