[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Page 61495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23264]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7828-6]


Notice of Proposed Agreement for Recovery of Past Response Costs 
Under the Comprehensive, Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA), as Amended, 42 U.S.C. 9622(h)(1), 
Helena Chemical Company Superfund Site, Hayti, MO, Docket No. CERCLA-
07-2004-0312

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement for recovery of past response 
costs, Helena Chemical Company Superfund Site, Hayti, Missouri.

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SUMMARY: Notice is hereby given that a proposed agreement regarding the 
Helena Chemical Company Superfund Site located in Hayti, Missouri, was 
signed by the United States Environmental Protection Agency (EPA) on 
September 3, 2004.

DATES: EPA will receive, for a period of thirty (30) days from the date 
of this publication, written comments relating to the proposed 
agreement.

ADDRESSES: Comments should be addressed to James D. Stevens, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, Kansas 66101 and 
should refer to: In the Matter of Helena Chemical Company Superfund 
Site, Hayti, Missouri, Docket No. CERCLA-07-2004-0312.
    The proposed agreement may be examined or obtained in person or by 
mail from James D. Stevens, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, Kansas 66101, (913) 
551-7322.

SUPPLEMENTARY INFORMATION: This proposed Agreement concerns the Helena 
Chemical Company Superfund Site, located in Hayti, Missouri, and is 
made and entered into by EPA and BP Products North America, Inc. and 
Helena Chemical Company (Settling Parties). This Site consists of an 
approximately 2.6 acre lot, and is located about one-eighth mile east 
of the City of Hayti in Pemiscot County, Missouri.
    In response to the release of hazardous substances including 
toxaphene, arsenic and dieldrin at or from the Site, EPA undertook 
response actions at the Site pursuant to Section 104 of CERCLA, 42 
U.S.C. 9604. In performing these response actions, EPA incurred 
response costs at or in connection with the Site. In addition, EPA 
provided oversite of response actions undertaken by the Settling 
Parties.
    Pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), the 
Settling Parties are responsible parties and are jointly and severally 
liable for response costs incurred at or in connection with the Site. 
The Regional Administrator EPA, Region VII, or his designee, has 
determined that the total past and projected response costs of the 
United States at or in connection with the Site will not exceed 
$500,000, excluding interest.
    This Agreement requires the Settling Parties to pay to the EPA 
Hazardous Substance Superfund the principal sum of $151,072.65 in 
reimbursement of Past Response Costs, and will resolve the Settling 
Parties' alleged civil liability for these costs. The proposed 
Agreement also includes a covenant not to sue the Settling Parties 
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

    Dated: September 16, 2004.
James B. Gulliford,
Regional Administrator, United States Environmental Protection Agency, 
Region VII.
[FR Doc. 04-23264 Filed 10-18-04; 8:45 am]
BILLING CODE 6560-50-P