The agreement with Whittaker Corporation, Johnson Matthey Inc., Marcegaglia USA, Inc., and Constitution Drive Partners, L.P., may be filed as a proposed consent decree in U.S. District Court for the Eastern District of Pennsylvania after a notice and comment period.
DEP is accepting comments on the agreement until May 14. Read more here.
“Responsible parties should be held accountable for cleaning up these old contaminated industrial sites in the Commonwealth,” said DEP Secretary Jessica Shirley. “I applaud the dedicated staff who have worked tirelessly to ensure the site will be addressed in a manner that is protective of human health and the environment and the cooperation of the four companies that came together to fund the cleanup of the site.”
The four companies have agreed to establish a qualified settlement trust to fund the Remedial Response Action to remediate the contamination of the site.
JMI and Whittaker have jointly agreed to pay $7,335,000; CDP has agreed to pay $1,250,000; and Marcegaglia has agreed to pay $400,000.
In addition, JMI, Whittaker, and Marcegaglia have established a reserve of $2,500,000 in the trust that may be used for certain additional response actions.
CDP will serve as a Settlor Work Party to utilize the money in the trust to clean up the site in accordance with DEP’s Statement of Decision..
Among other things, the Consent Decree provides for DEP oversight and approvals of the remediation work, and it establishes a cleanup schedule.
Several industrial businesses manufactured stainless steel tubes at the 13.7-acre former Bishop Tube facility from the 1950s to 1999.
In 2000, DEP declared it a Hazardous Sites Cleanup Act (HSCA) program site as its groundwater, soil, and surface water were contaminated with Trichloroethene (TCE), which is classified as a known human carcinogen by the Environmental Protection Agency (EPA).
TCE is a chlorinated solvent and considered the primary site-related contaminant of concern.
Other contaminants of concern include volatile organic compounds, polyfluoroalkyl substances (PFAS) and inorganic compounds.
On September 12, 2022, DEP issued a Statement of Decision(opens in a new tab) identifying the remediation plan it would require for cleanup of the Bishop Tube site.
Under that plan, the site must be cleaned up to attain a combination of background, statewide health, and site-specific standards in accordance with the Land Recycling Program.
After considering several courses of action, DEP chose a combination of in situ chemical injections, soil mixing, engineering practices, institutional controls, and long-term monitoring to address the contamination.
The injection of chemical oxidation or reducing agents creates a chemical reaction that destroys harmful contaminants and produces harmless byproducts. It is commonly described as “in situ” because it is conducted in place, without having to excavate soil or pump out groundwater for aboveground cleanup.
In 2023, JMI and Whittaker connected the only residential property with an impacted well to an existing public water line.
Public Comments
A copy of the Consent Decree and the Qualified Settlement Fund Agreement can be found on DEP’s Bishop Tube webpage.
DEP will receive and consider comments relating to these documents for sixty (60) days until May 14, 2026.
Written comments can be mailed to Dustin A. Armstrong, Environmental Protection Specialist at the Pennsylvania Department of Environmental Protection, 2 East Main Street, Norristown, PA 19401 or by email to RA-EP-SEROECB@pa.gov and darmstrong@pa.gov.
Please include “Bishop Tube Consent Decree Public Comment” in the subject of the email or letter.
For more information, please visit DEP’s Bishop Tube webpage.
Visit DEP’s Hazardous Sites Cleanup Program webpage for more information.
Click Here for a copy of the DEP announcement.
For more information on environmental programs in Pennsylvania, visit DEP’s website. Submit Environmental Complaints; Click Here to sign up for DEP’s newsletter; sign up for DEP’s eNotice; Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.
Related Articles This Week:
-- DEP Reaches $11.4 Million Settlement With Four Companies For Bishop Tube Site Cleanup In Chester County; Public Comments Due May 14 [PaEN]
-- DEP Accepting Comments On Proposed Consent Agreement On Landis Creek Hazardous Site In Montgomery County; Comments Due May 14 [PaEN]
-- DEP Invites Comments On Proposed Purchase/Cleanup Agreement For The Waynesboro TCE Hazardous Site In Franklin County; Comments Due May 14
[Posted: March 13, 2026] PA Environment Digest
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