[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17889-17890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9451]
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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. 98-9451 Filed 4-3-98; 8:45 am]
BILLING CODE 4410-15-M
