Notice of Lodging of Proposed Third Consent Decree Modification Under the Comprehensive Environmental Response, Compensation, and Liability Act

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Notices]
[Pages 62563-62564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20112]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Third Consent Decree Modification 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act

    On September 24, 2026, the Department of Justice lodged a proposed 
third consent decree modification with the United States District Court 
for the District of New Jersey in the lawsuit entitled United States v. 
The Sherwin-Williams Company, Civil Action No. 1:19-cv-01907-ESK-EAP, 
an action brought under the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq.
    The Court entered a consent decree (``Decree'') in April 2019 in 
this action which resolved the United States' claim against The 
Sherwin-Williams Company (``Sherwin-Williams'') for United States past 
costs relating to the Sherwin-Williams/Hilliards Creek Site, Route 561 
Dump Site, and United States Avenue Burn Site (the ``Sites''), located 
in Gibbsboro and Voorhees, New Jersey. The Decree also provides for 
Sherwin-Williams' performance of the soils and sediments operable unit 
remedy selected by the U.S. Environmental Protection Agency (``EPA'') 
for the United States Avenue Burn Site.
    The Decree also provides that, after EPA selects a remedy in a 
Record of Decision (``ROD'') for an additional operable unit (``OU'') 
at any of the Sites, the Decree may be modified to add Sherwin-
Williams' performance of the newly selected OU remedy to the work 
required under the Decree. In September 2025, EPA issued a ROD for an 
OU remedy that addresses groundwater at the Sherwin-Williams/Hilliards 
Creek Site (``SW/HC OU3 remedy''). This remedy provides for in-situ 
treatment of deep groundwater at the former manufacturing plant area at 
the SW/HC Site with chemical oxidation, chemical reduction, or 
sequestration and enhanced bioremediation. The proposed third 
modification lodged with the Court on September 24, 2026, provides for 
Sherwin-Williams' performance of the SW/HC OU3 remedy.
    The publication of this notice opens a period for public comment on 
the proposed third modification. Comments should be addressed to the 
Assistant Attorney General, Energy and Natural Resources Division, and 
should refer to United States v. The Sherwin-Williams Company, Civil 
Action No. 1-19-cv-01907-ESK-EAP, D.J. Ref. No. 90-11-3-09023/2. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice.

[[Page 62564]]

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............................  <a href="/cdn-cgi/l/email-protection#19696c7b7a7674747c776d347c7c6a377c776b7d596c6a7d7673377e766f"><span class="__cf_email__" data-cfemail="b4c4c1d6d7dbd9d9d1dac099d1d1c79ad1dac6d0f4c1c7d0dbde9ad3dbc2">[email&#160;protected]</span></a>.
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 third consent decree 
modification, with attached statement of work, may be examined and 
downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. If you require assistance accessing the proposed 
third consent decree modification, you may request assistance by email 
or by mail to the addresses provided above for submitting comments.

Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Energy and 
Natural Resources Division.
[FR Doc. 2026-20112 Filed 9-30-26; 8:45 am]
BILLING CODE 4410-15-P


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