Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act (``CERCLA'')

In accordance with Departmental policy, notice is hereby given that

a proposed consent decree in United States v. FAG Bearings Corp., Civil

Action No. 98-5003-CV-SW-1, was lodged on January 21, 1998, with the

United States District Court for the Western District of Missouri. The

consent decree resolves the claims for relief under Section 107 of

CERCLA, 42 U.S.C. 9607, filed in a complaint against FAG Bearings

Corporation (``FAG Bearings'') on behalf of the United States

Environmental Protection Agency (``EPA''). EPA is seeking payment of

costs incurred in performing response activities at the Newton County

TCE Site (``Site'').

Defendant FAG Bearings owns and operates a facility from which

there has been a release of TCE. From about 1970 to 1983, FAG Bearings

manufactured roller ball bearings assemblies such as wheel bearing

assemblies for the automotive industry. The Site is located in the

southwestern part of Missouri, just south of Joplin, Missouri and

contains the FAG Bearings facility. A plume of groundwater contaminated

with TCE extends south of the FAG Bearings facility and into the nearby

Villages of Silver Creek and Saginaw, Missouri. This action is based on

costs totaling $266,280.56 incurred for a removal action to provide

bottled water to residents at the Site with TCE contamination in their

private drinking water wells.

Under the proposed consent decree, FAG Bearings will reimburse the

EPA Hazardous Substance Superfund $266,280.56--100% of EPA's past

costs--plus an additional sum for Interest. In exchange, FAG Bearings

will receive a covenant not to sue pursuant to Sections 106 and 107(a)

of CERCLA, 42 U.S.C. 9606 and 9607(a), for response costs incurred by

EPA at the Site. In addition, FAG Bearings will receive contribution

protection under Section

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113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2).

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

DC 20044, and refer to United States v. FAG Bearings Corp., DOJ Ref.

90-11-3-1760.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, 1201 Walnut Street, Suite 2300, Kansas

City, Missouri; and the Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed

Consent Decree may be obtained by mail or in person from the Consent

Decree Library. When requesting a copy of the proposed Consent Decree,

please enclose a check in the amount of $4.75 (25 cents per page

reproduction costs) payable to the ``Consent Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-4208 Filed 2-18-98; 8:45 am]

BILLING CODE 4410-15-M