EPA IS REQUESTING THAT DOJ ASSIST THE AGENCY IN PRE-REFERRAL NEGOTIATIONS FOR A REMEDIAL DESIGN/REMDIAL ACTION AND COST RECOVERY CONSENT DECREE UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606 AND 9607. THE REGION RECOMMENDS THAT THE FOLLOWING PARTIES BE INCLUDED IN SETTLEMENT NEGTIATIONS: OLIN CORPORATION ROCKWELL INTERNATIONAL CORPORATION GENERAL ELECTRIC COMPANY AND GE SPECIALTY CHEMCIALS, INC (GE) E.I. DUPONT DE NEMOURS & COMPANY EPEC POLYMERS MORGANTOWN INDUSTRIAL PARK ASSOCIATES (MIPA) DEPARTMENT OF DEFENSE OLIN, ROCKWELL, GE, AND MIPA ARE OBLIGATED BY AN ADMIN. ORDER TO IMPLEMENT EPA'S SEPTEMBER 1999 RECORD OF DECISION FOR OPERABLE UNIT NO. 1 (OU1) OF THE SITE. THE REGION IS AWARE THAT SOME OR ALL OF THESE PARTIES HAVE NEGOTIATED A CO COST SHARING AGREEMENT WITH THE DEPARTMENT OF DEFENSE. OLIN AND THE U.S. ARMY CORPS OF ENGINEERS (ON BEHALF OF THE DEPARTMENT OF DEFENSE) HAVE REQUESTED THAT EPA NEGOTIATE A JUDICIAL CONSENT DECREE TO REPLACE THE ADMINISTRATIVE ORDER, PRIMARILY TO EASE THE PERFORMING PRP GROUP'S ABILITY TO SECURE THE ALLEGED FEDERAL SHARE OF CLEANUP COSTS FROM THE JUDGMENT FUND. BECAUSE CONVERSION TO A CONSENT DECREE WOULD ENABLE EPA TO RECOVER PAST COSTS AND OVERSIGHT COSTS AND POTENTIALLY AVOID THE NEED FOR LITIGATION IN THIS MATTER, THE REGION FAVORS THIS COURSE OF ACTION. PAST COSTS ARE APPROXIMATELY $2.2