[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Notices]
[Page 15142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05815]



[[Page 15142]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and the Resource Conservation and Recovery Act

    On March 12, 2014, the Department of Justice lodged a proposed 
Settlement Agreement with the United States Bankruptcy Court for the 
Southern District of New York in the bankruptcy proceeding entitled In 
re Eastman Kodak Company, et al., No. 12-10202 (ALG). The Settlement 
Agreement is conditioned on the signing of the Funding Agreement 
incorporated by reference therein and attached thereto as Appendix 1 
and the signing of the Memorandum of Agreement to which the Settlement 
Agreement refers.
    Under this Settlement Agreement, Eastman Kodak Company (``Kodak'') 
has agreed to fund a trust in the total amount of $49,000,000 to allow 
the New York State Department of Environmental Conservation (``DEC'') 
to implement environmental response actions at the 1,200-acre Eastman 
Business Park (``EBP'') in Monroe County, New York, and the adjacent 
Genesee River, to address pre-existing contamination at these locations 
(``EBP Environmental Response Actions''). Pursuant to the Settlement 
Agreement and the Funding Agreement, DEC will fund, subject to 
appropriations, using funds from whatever source, the cost of EBP 
Environmental Response Actions above $49,000,000, up to $99,000,000, 
and DEC and Kodak will each pay 50% of the cost of EBP Environmental 
Response Actions above $99,000,000.
    Under the Settlement Agreement, Kodak will also allow the United 
States Department of Interior's (``DOI'') and DEC's overlapping 
bankruptcy claims for natural resource damages in connection with the 
Genesee River in the amount of $7,163,000. The Settlement Agreement 
also addresses the application and allocation of a federal income tax 
refund owed by the United States to Kodak as a setoff to the allowed 
natural resource damages claim and certain United States Environmental 
Protection Agency (``EPA'') claims allowed under a separate agreement.
    The Settlement Agreement contains covenants not to sue Kodak from 
the United States on behalf of EPA under Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9607, and the Resource Conservation and Recovery Act, 42 
U.S.C. 6901 et seq., except for Section 7003, 42 U.S.C. 6973, and from 
the United States on behalf of DOI under Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9607, with respect to the pre-existing contamination. In 
addition, the covenants being provided to Kodak will be extended to 
future transferees of property interests at EBP as long as certain 
conditions in the Settlement Agreement are met.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In re Eastman Kodak Company, Bankr. Case No. 12-10202 
(ALG), D.J. Ref. No. 90-11-3-10545. 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:

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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, D.C.
                                   20044-7611.
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    During the public comment period, the Settlement Agreement, the 
Funding Agreement, and the Memorandum of Agreement may be examined and 
downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the 
Settlement Agreement, the Funding Agreement, and the Memorandum of 
Agreement 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 $13.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-05815 Filed 3-17-14; 8:45 am]
BILLING CODE 4450-15-P