Board to transmit public comments to DEP on Bishop Tube HSCA consent decree

The East Whiteland Board of Supervisors voted on May 13 to transmit public comments and the Board’s comments to the Pennsylvania Department of Environmental Protection regarding a proposed consent decree for the Bishop Tube hazardous site.

Township Manager Steve Brown briefed the Board that DEP had published a proposed consent decree among DEP and several potentially responsible parties — Whittaker Corporation; Johnson Matthey, Inc.; Marcegaglia USA, Inc.; and Constitution Drive Partners, L.P. — to implement and fund cleanup work at the Bishop Tube HSCA Site. The 60-day public comment period began March 14 and was scheduled to close on May 14, 2026. The Board voted to release compiled public and Board comments to DEP the next day; the motion was moved by Peter Fixler, seconded by Clinton Smith, and passed unanimously.

Public commenters urged a wider scope of remediation and more transparency in the process. Tim Caban said the plume extends into the Down East neighborhood and referenced Down East Park, established in memory of a child who died of pediatric brain cancer, to underline community concern about health impacts. Several callers and commenters said public input had been mishandled at past meetings and asked the Board to ensure equitable public participation going forward.

Background: the proposed consent decree is part of a remedial response under the Hazardous Sites Cleanup Act (HSCA). The Board’s transmittal does not itself alter the consent decree; it records local concerns to be considered during DEP’s comment review.

Next steps: the Board directed staff to transmit the compiled comments to DEP on May 14; any subsequent DEP action or changes to the consent decree will depend on DEP’s review and negotiation with the parties to the decree.