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EPA challenges amount of Eastman Business Park trust fund

Rochester Business Journal
July 17, 2013

The U.S. Environmental Protection Agency has taken issue with a recent agreement to maintain the Eastman Business Park, saying a proposed $49 million trust fund for remediation might not be enough.

The EPA, in a filing Tuesday with U.S. Bankruptcy Court, claimed $49 million might not be adequate to pay for environmental cleanups at the business park and in the Genesee River.

“There has not been sufficient characterization of the nature and extent of contamination to provide a basis for confidence that the $49 million allocated to EBP environmental response actions through the EBP settlement agreement will be sufficient,” the EPA filing states.

“It has been EPA’s experience that sites of this size and complexity, especially ones that include river sediment contamination, can be very costly.”

The EPA has “significant concerns” about the proposed fund’s ability to fulfill the requirements of the Resource Conservation and Recovery Act of 1976, the filing states.

The Resource Conservation and Recovery Act allows the EPA to control hazardous waste from “cradle-to-grave,” including generation, transportation, treatment, storage and disposal, the agency says.

The EPA is authorized to terminate state-issued permits and take enforcement actions related to the business park, the Genesee River and any other nearby contamination, it says in the filing.

In announcing the EBP agreement, representatives from Eastman Kodak Co. and from state government said the $49 million was more than enough to handle contamination issues.

(c) 2013 Rochester Business Journal. To obtain permission to reprint this article, call 585-546-8303 or email

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