Pollution control; consent judgments: Ferex Corp.,

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Federal Register: April 10, 1998 (Volume 63, Number 69)NoticesPage 17889-17890From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10ap98-103

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Pursuant to RCRA and CERCLA

In accordance with Department policy, 28 C.F.R. Sec. 50.7, notice is hereby given that on March 25, 1998, the United States entered into a proposed Agreement and Covenant Not To Sue with the U.S. Environmental Protection Agency (``EPA'') and Ferex Corporation, its subsidiaries and affiliates, (``Ferex''), pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601, et seq. and the Solid Waste Disposal Act, as amended by the

[Page 17890]Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq. Ferex intends to purchase the assets of McKinney Smelting, Inc. (``MSI''), a RCRA facility that is the subject of an EPA determination of imminent and substantial endangerment pursuant to RCRA Sec. 7003 due to high levels of lead contamination on and off-site. Ferex intends to lease the property from MSI and take immediate steps to abate the endangerment and clean up the facility prior to continuing the existing metal recycling operation.

Pursuant to the terms of the proposed PPA, and in exchange for corrective action to be performed at the MSI facility and other public benefits, the United States will grant covenants not to sue Ferex under Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA for contamination presently existing on and emanating from the facility.

The U.S. Department of Justice will receive for a period of twenty (20) days from the date of this publication comments concerning the proposed consent decree. Comments should be addressed to the Assistant Attorney General of the Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. 20530, and should refer to Agreement and Covenant Not To Sue Between The United States and Ferex Corporation, D.J. ref. 90-5-1-1-4458. In addition, interested parties may request a public meeting in the affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C. Sec . 6973(d).

The proposed Agreement may be examined at the Office of the United States Attorney for the Eastern District of Texas, Sherman Division, 660 North Central Expressway, Suite 400, Plano, Texas 75704; the Office of the City Manager, City of McKinney, 222 E. Tennessee, McKinney, Texas 75070; and at the Consent Decree Library, 1120 G. Street, N.W., 4th Floor, Washington, D.C. 20005. A copy of the proposed Agreement may be obtained in person or by mail from the Consent Decree Library, 1120 G Street, N.W., Washington, D.C. 20005. In requesting a copy, please enclose a check in the amount of $12.00 ($0.25 per page for reproduction costs) payable to: Consent Decree Library. Joel Gross, Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

FR Doc. 98-9451Filed4-3-98; 8:45 amBILLING CODE 4410-15-M

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