Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act, 15142 [2014-05815]

Download as PDF 15142 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Notices DEPARTMENT OF JUSTICE emcdonald on DSK67QTVN1PROD with NOTICES 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 VerDate Mar<15>2010 18:34 Mar 17, 2014 Jkt 232001 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 preexisting 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: To submit comments: Send them to: By email ... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044– 7611. By mail ..... 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: https://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. DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1650] Draft Reports and Recommendations Prepared by the Research Committee of the Scientific Working Group on Disaster Victim Identification National Institute of Justice, JPO, DOJ. ACTION: Notice and request for comments. AGENCY: In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, Scientific Working Group for Disaster Victim Identification will make available to the general public the following three draft documents: (1) ‘‘Data Management: Guidelines for the Medicolegal Authority’’; (2) ‘‘Family Assistance Center: Guidelines for Medicolegal Authorities’’; and (3) ‘‘Molecular Biology Considerations for Human Identification in Mass Fatality Incidents’’. The opportunity to provide comments on any or all of these documents is open to coroner/medical examiner office representatives, law enforcement agencies, organizations, and all other stakeholders and interested parties. Those individuals wishing to obtain the draft documents under consideration, and provide comments regarding them, are directed to the following Web site: https:// www.swgdvi.org. SUMMARY: Comments must be received on or before April 7, 2014. FOR FURTHER INFORMATION CONTACT: Patricia Kashtan, by telephone at 202– 353–1856 [Note: this is not a toll-free telephone number], or by email at Patricia.Kashtan@usdoj.gov. DATES: Greg Ridgeway, Acting Director, National Institute of Justice. [FR Doc. 2014–05893 Filed 3–17–14; 8:45 am] BILLING CODE 4410–18–P Please enclose a check or money order for $13.50 (25 cents per page reproduction cost) payable to the United States Treasury. DEPARTMENT OF JUSTICE Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention [FR Doc. 2014–05815 Filed 3–17–14; 8:45 am] BILLING CODE 4450–15–P PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 Office of Justice Programs [OJP (OJJDP) Docket No. 1651] Coordinating Council on Juvenile Justice and Delinquency Prevention. ACTION: Notice of meeting. AGENCY: E:\FR\FM\18MRN1.SGM 18MRN1

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[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Notices]
[Page 15142]
From the Federal Register Online via the Government Printing 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:

------------------------------------------------------------------------
       To submit comments:                     Send them to:
------------------------------------------------------------------------
By email........................  pubcomment-ees.enrd@usdoj.gov.
By mail.........................  Assistant Attorney General, U.S. DOJ--
                                   ENRD, P.O. Box 7611, Washington, D.C.
                                   20044-7611.
------------------------------------------------------------------------

    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: https://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
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