[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Notices]
[Pages 42269-42270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16591]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification of Consent Decree 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA'')

    On August 26, 2025, the Department of Justice lodged a proposed 
modification of a consent decree with the United States District Court 
for the Eastern District of Pennsylvania in the lawsuit entitled United 
States of America and the Chemclene Site Defense Group v. Chemclene 
Corporation Inc. et al., Civil Action No. 99-cv-3715.
    In July 1999, the United States filed a lawsuit under Section 107, 
42 U.S.C. 9607, of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), as amended, to 
recover costs incurred in response to the release or threatened release 
of hazardous substances at the Malvern TCE Superfund Site, located at 
and around 258 Phoenixville Pike in Malvern, East Whiteland and 
Charlestown Townships, Chester County, Pennsylvania. The United States 
also sought a declaratory judgment under CERCLA Section 113, 42 U.S.C. 
9613, establishing Defendants' liability for future response costs at 
or in connection with the Malvern TCE Superfund Site.
    In July 2006, the Eastern District Court for the District of 
Pennsylvania approved a Consent Decree resolving the United States' 
claims against the Settling Defendants, Chemclene Corporation Inc., 
Springridge Management Corporation, Inc., W. Lloyd Balderston, and the 
Estate of Ruth Balderston (the ``Consent Decree''). To resolve their 
obligation to reimburse the United States for its CERCLA response costs 
at the Site, the Consent Decree required Settling Defendants to either 
pay the United States a lump sum of $1,417,200, plus interest, or to 
sell certain parcels of land and pay certain proceeds of the sales of 
those properties to the United States.
    Settling Defendants have now entered into proposed agreements of 
sale with the East Whiteland Township to sell two properties for 
$1,100,000, based on the fair-market appraisal value of the properties. 
If the proposed modification to the Consent Decree is approved, the 
United States will receive $1,073,373

[[Page 42270]]

from the sale of the properties, in satisfaction of Settling 
Defendants' obligations to the United States.
    The publication of this notice opens a period for public comment on 
the modification of the consent decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States of America and the 
Chemclene Site Defense Group v. Chemclene Corporation Inc. et al., D.J. 
Ref. No. 90-11-3-1731. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the proposed modification to the 
Consent Decree may be examined and downloaded at this Justice 
Department website: https://www.justice.gov/enrd/consent-decrees. If 
you require assistance accessing the proposed modification to the 
Consent Decree, you may request assistance by email or by mail to the 
addresses provided above for submitting comments.

Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2025-16591 Filed 8-28-25; 8:45 am]
BILLING CODE 4410-15-P