[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Pages 64062-64063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30102]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5343-8]


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. Sec. 9622(g), Peerless Industrial Paint 
Coatings Site, City of St. Louis, St. Louis County, Missouri

AGENCY: Environmental Protection Agency.

ACTION: Notice of the 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), Peerless 
Industrial Paint Coatings Site, City of St. Louis, St. Louis County, 
Missouri.

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SUMMARY: The United States Environmental Protection Agency (EPA) has 
entered into four separate de minimis administrative settlements to 
resolve claims 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 
Canam Steel Company, St. Louis Steel 

[[Page 64063]]
Products, Henkel Corporation, and Peerless-Premier Appliance Company 
for the response costs incurred and to be incurred at the Peerless 
Industrial Paint Coatings Site, City of St. Louis, St. Louis County, 
Missouri.

DATES: Written comments must be provided on or before January 12, 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 Peerless Industrial Paint Coatings Superfund Site, City 
of St. Louis, St. Louis County, Missouri, EPA Docket Nos. VII-94-F-
0022, VII-94-F-0021, VII-94-F-0027, and VII-94-F-0023.

FOR FURTHER INFORMATION CONTACT: Denise L. Roberts, Assistant Regional 
Counsel, United States Environmental Protection Agency, Region VII, 726 
Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7559.

SUPPLEMENTARY INFORMATION: The settling parties are Canam Steel 
Company, Henkel Corporation, Peerless-Premier Appliance Company, and 
St. Louis Steel Products. They are de minimis generators of hazardous 
substances found at the Peerless Industrial Paint Coatings Site, which 
is the subject Superfund Site. In July and August 1995, Region VII 
entered into four separate de minimis administrative settlements to 
resolve claims under Section 122(g) of CERCLA, 42 U.S.C. 9622(g).
    The Peerless Industrial Paint Coatings Site (the Site) is located 
in St. Louis at 1265 Lewis Street, St. Louis, Missouri, approximately 
\1/4\ mile north of downtown St. Louis in an industrial section of the 
city. The de minimis parties were corporations that manufactured 
paints. The de minimis parties sold paint sludges, paint solids, and 
paint liquids or semi-liquids to Peerless Industrial Paint Coatings 
(``Peerless''), a St. Louis corporation, at very low prices. The de 
minimis parties either admitted that they were disposing of hazardous 
substances through this arrangement, admitted that there was no other 
customer besides Peerless for such materials, and/or that the sales 
price was lower than the costs of disposal for hazardous wastes at an 
authorized permitted facility. Peerless was a manufacturer of paints 
and magazine coatings that purchased large quantities of paint 
materials at low prices and accumulated more materials on-site than 
could be used. In June 1993, the EPA began a removal action at the 
site. Approximately 3500 drums of hazardous substances that 
demonstrated the characteristics of ignitability were removed from the 
facility at the cost of $1,089,062.71.
    The settlements have been approved by the U.S. Department of 
Justice because the response costs in this matter exceed $500,000.00. 
The EPA estimates the total past and future costs will be approximately 
$1,206,089.71. Pursuant to the Administrative Orders on Consent, the de 
minimis parties are responsible for the following costs: Peerless-
Premier Appliance Company has an attributable share of 1.20% and is 
responsible for $13,236.45 in past costs and $1,193.24 in future costs; 
Canam Steel Corporation has an attributable share of 1.29% and is 
responsible for $14,238.45 in past costs and $1,283.55 in future costs; 
St. Louis Steel Products has an attributable share of 1.665% and is 
responsible for $18,412.20 in past costs and $1,659.80 in future costs; 
and Henkel Corporation has an attributable share of .30% and is 
responsible for $3,453.48 in past costs and $311.32 in future costs. 
The EPA determined these amounts to be the de minimis parties; fair 
shares of liability based on the amount of hazardous substances found 
at the Site and contributed by each of the settling 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 settlements provide that the 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 1980, as 
amended (RCRA), 42 U.S.C. 6973. The settlements contain a reopener 
clause which nullifies the covenant not to sue if any information 
becomes known to the 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 exercise due care with respect to 
hazardous substances at the Site;
    (b) Claims based on a failure to make the payments required by 
Section IV, Paragraph 1 of this Consent Order;
    (c) Claims based on the exacerbation by Respondent of the release 
or threat of release of hazardous substances from the Site;
    (d) Claims based on the introduction of any hazardous substance, 
pollutant, or contaminant by any person at the Site after the effective 
date of this Consent Order;
    (e) Criminal liability; or
    (f) Liability for damages or injury to, destruction of, or loss of 
the natural resources.
    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 settlements.
Dennis Grams,
Regional Administrator.
[FR Doc. 95-30102 Filed 12-12-95; 8:45 am]
BILLING CODE 6560-50-M