[Federal Register: February 19, 1998 (Volume 63, Number 33)]
[Notices]               
[Page 8474-8475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe98-98]

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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

[[Page 8475]]

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