[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