[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Notices]
[Page 68388-68389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-72]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 hoefer.david@epa.gov.
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