On or about September 30, 2004, Region III referred to DOJ a proposed Remedial Design/Remedial Action Consent Decree ( CD ) which resolves the United States' claims under Sections 106 and 107 of CERCLA against Air Products and Chemicals, Inc. et al. (40 Settling Defendants have executed this CD). Under the terms of the CD, the Settling Defendants agree to finance and perform the remedial action selected by Region III for OU3 at the Site. In consideration thereof, the Settling Defendants will receive a covenant not to sue under Sections 106 and 107(a) of CERCLA, as well as related contribution protection. According to the Record of Decision, the projected cost of this remedial action is approximately $23.5 million dollars. As part of this settlement, the Settling Defendants will also receive up to $185,000 from the Site Disbursement Special Account upon EPA's approval of certain work milestones. Additionally, the United States will agree to forgo collection of approximately $1.3 million in past response costs and future oversight costs. This settlement, in combination with previous agreements and orders, will result in the recovery of approximately 97% of all recoverable costs associated with the Site. In conjunction with this referral, and through the independent exercise of its administrative authority, Region III has also executed and issued Settling Defendants an Administrative Order on Consent for Remedial Design ( Order ), which will become effective on or about