Notice of Lodging of Settlement Pursuant to RCRA and CERCLA

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

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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]

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