THIS IS A REFERRAL TO THE DOJ TO FILE A CLAIM FOR RELIEF UNDER THE BANKRUPTCY CODE REGARDING THE EPT FACILITY AND ITS RCRA STATE ISSUED POST-CLOSUE AND CORRECTIVE ACTION PERMITL IN THE EVENT THE STATE IS NOT ENFORCING THE PERMIT CONDITIONS; THE MATTER COULD BE ENFORCED BY EPA. THUS, THIS IS A PROTECTIVE PROOF OF CLAIM. THIS IS ALSO REFERRED TO FILE A PROOF OF CLAIM FOR RESPONSE COSTS INCURRED OR TO BE INCURRED BY EPA AT THE NEWTON COUNTY MINE TAILINGS SUPERFUND SITE.