[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66592-66593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25555]


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DEPARTMENT OF JUSTICE


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

    On November 15, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of North Carolina in the lawsuit entitled United States v. 
Armstrong World Industries, Inc. (on behalf of Armstrong Wood Products, 
Inc.), VIACOMCBS, and TCOM, L.P., Civil Action No. 2:21-cv-00047-FL.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). The 
United States' complaint names Armstrong World Industries, Inc. (on 
behalf of Armstrong Wood Products, Inc.), VIACOMCBS, and TCOM, L.P., as 
defendants. The complaint requests recovery of costs that the United 
States incurred responding to releases of hazardous substances at the 
Triangle Pacific Corporation Site in Pasquotank County, North Carolina. 
The complaint also seeks injunctive relief.
    The proposed consent decree would partially resolve the claims in 
the complaint. Armstrong World Industries, Inc., and VIACOMCBS, as 
Performing Settling Defendants, agree under the decree to perform the 
interim remedial action that EPA selected for the Site. TCOM, L.P. 
agrees under the decree to provide access to portions of the Site for 
performance of the interim remedial action. Performing Settling 
Defendants agree under the decree to deposit $590,146.23 into a funded 
trust. The United States, on behalf of the Department of Defense, as 
Settling Federal Agency, agrees to deposit $763,002.77 into the trust. 
The United States, on behalf of Settling Federal Agency, also agrees to 
reimburse EPA for $469,928.07 in past response costs. The Performing 
Settling Defendants agree to pay EPA its future response costs, and the 
United States, on behalf of Settling Federal Agency, agrees to 
reimburse Performing Settling Defendants for the Settling Federal 
Agency's share of response costs, as provided in the proposed consent 
decree, and in a separate Site Participation Agreement entered into 
among the settling defendants and the United States contemporaneously 
with the proposed consent decree. The United States agrees under the 
decree not to sue the settling defendants under sections 106 and 107 of 
CERCLA.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Armstrong World Industries, Inc., 
et al., D.J. Ref. No. 90-11-3-12058. 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:

[[Page 66593]]



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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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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $103.50 (414 pages at 25 
cents per page reproduction cost) payable to the United States 
Treasury. For a paper copy of the proposed consent decree without the 
exhibits, the cost is $10.75 (43 pages).

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-25555 Filed 11-22-21; 8:45 am]
BILLING CODE 4410-15-P