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

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