[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Notices]
[Pages 8558-8559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4434]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amendment To Consent Decree in Accordance 
With the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA'')

    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR 
19029, and 42 U.S.C. 9622(d), notice is hereby given that on January 
17, 2002, a proposed Order to Amend Consent Decree was lodged with the 
United States District Court for the Eastern District of Pennsylvania 
in United states and the Commonwealth of Pennsylvania v. Settling 
Defendants, Civil Action No. 99-4402.
    In 1999, the United States and Settling Defendants entered into a 
Consent Decree in this case concerning the Malvern TCE Superfund Site 
(``Site'') in Chester County, Pennsylvania, for conduct of certain 
response actions at the Site and the payment of certain response costs

[[Page 8559]]

therefore. This Consent Decree was entered by the Court on December 13, 
1999.
    The Consent Decree contains a reservation of rights by the Settling 
Defendants as to, among other things, claims against the United States 
``based on the discovery of information or documentation that * * * the 
volume of hazardous substances attributable to the United states 
exceeds the amount agreed to by the Settling Parties * * *.'' Decree 
paragraph 109(c). Appendix F to the Decree provides a procedure and 
payment schedule that specifies the response costs on a per-drum basis 
for such additional waste attributable to the United States.
    Additional drums of waste attributable to the United States 
Department of the Army (``Army'') and to the National Institutes of 
Health (``NIH'') have been identified. Accordingly, the United States 
and Settling Defendants have agreed to amendments to the Consent Decree 
to: (1) Add the Army and NIH as parties to the Consent Decree, thereby 
resolving potential claims against these Agencies for cleanup costs 
relating to drums of hazardous waste discovered at the Site; and to (2) 
reflect that 203 drums have been attributed to the Army, and that 
165.60 drums have been attributed to NIH, with a total proposed payment 
by the United States to the Settling Performing Defendants of 
$464,506.90, on behalf of these Agencies as their respective shares of 
the performance and payment obligations to be incurred by Settling 
Defendants in carrying out response actions required by the Consent 
Decree. Consistent with the applicable requirement of the Consent 
Decree, the Commonwealth of Pennsylvania has been consulted and has 
concurred in the amendments.
    The Department of Justice will receive written comments by 
facsimile transmission (``FAX'') relating to the proposed Order to 
Amend Consent Decree for thirty (30) days from the date of publication 
of this Notice. Comments should be sent by FAX to (202) 514-8865, and 
should be addressed to D. Judith Keith, Environment and Natural 
Resources Division, Environmental Defense Section, U.S. Department of 
Justice, Washington, DC, and should refer to United States and the 
Commonwealth of Pennsylvania v. Settling Defendants, DOJ. Ref. No. 90-
11-6-80.
    A copy of the proposed Order to Amend Consent Decree may be 
obtained by request. Requests should be sent by FAX to (202) 514-8865, 
and should be addressed to Allison Booker, U.S. Department of Justice, 
Environment and Natural Resources Division, Environmental Defense 
Section, and should refer to the proposed Order to Amend Consent Decree 
in United States and the Commonwealth of Pennsylvania v. Settling 
Defendants, DOJ. Ref. No. 90-11-6-80.

Letitia J. Grishaw,
Chief, Environment & Natural Resources Division, Environmental Defense 
Section.
[FR Doc. 02-4434 Filed 2-22-02; 8:45 am]
BILLING CODE 4410-15-M