[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7119-7120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2550]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Stipulation Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on January 28, 2005, a proposed 
Settlement Agreement in In re Armstrong World Industries, Inc., et al. 
Case No. 00-4471 (Bankr. D. Del.), was lodged with the United States 
Bankruptcy Court for the District of Delaware. In this action, the 
United States filed a proof of claim on behalf of the U.S. 
Environmental Protection Agency (``EPA''), against Armstrong World 
Industries, Inc. (``AWI''), seeking the recovery of response costs 
incurred at seven sites under section 104(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended, 42 
U.S.C. 9604(a).
    Under the proposed Settlement Agreement, the claims of the United 
States regarding 19 ``Liquidated Sites'' will be resolved for a total 
of $8,727,738.80. In addition, the proposed Settlement Agreement will 
permit EPA to resolve in due course any alleged liabilities of AWI at 
any ``Additional Sites'' (e.g., presently unknown sites), whether prior 
to or following the effective date of a confirmed reorganization plan. 
Any settlements reached or judgments obtained regarding such Sites will 
be paid at the rate at which general unsecured claims against AWI will 
be paid. Under AWI's proposed Fourth Amended Plan of Reorganization 
(the ``Plan''), which has been approved by the United States Bankruptcy 
Court for the District of Delaware and is pending before the District 
Court, that rate is 59.5%. In addition, the United States has agreed 
that any claims which EPA may have at 18 identified sites, where EPA 
upon investigation does not believe it has claims, will be discharged 
upon confirmation of the Plan.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to In re Armstrong World Industries, Inc., DJ No. 90-11-3-
07780.
    The proposed Settlement Agreement may be examined at the office of 
the United States Attorney, District of Delaware, 1007 N. Orange 
Street, Suite 700, Wilmington, Delaware 19801, and at the Office of the 
Regional Counsel, U.S. Environmental Protection Agency, Region III, 
1650 Arch St., Philadelphia, Pennsylvania 19103. During the comment 
period, the Stipulation and Agreement may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Stipulation and Agreement may be obtained by 
mail from the Consent Decree Library, PO Box 7611, U.S. Department of 
Justice Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]). fax no. (202) 514-0097, 
phone

[[Page 7120]]

confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $7.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury. In 
all correspondence, please refer to the case by its title and DOJ Ref. 
90-11-3-07780.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-2550 Filed 2-9-05; 8:45 am]
BILLING CODE 4410-15-M