THE BERLIN AND FARRO SUPERFUND SITE IS LOCATED NEAR SWARTZ CREEK, MICHIGAN, AND IS LISTED ON THE NATIONAL PRIORITIES LIST. IN 1985, THE U.S. EPA WORKED WITH YOUR OFFICE TO FILE SUIT, THEN ENTERED A PARTIAL CONSENT DECREE, UNDER CERCLA, WITH 87 DEFENDANTS WHO AGREED TO PERFORM A PARTIAL SURFACE CLEANUP AT THE SITE. SUBSEQUENTLY, IN 1986, A SECOND CON- SENT DECREE WAS ENTERED IN WHICH 78 DEFENDANTS AGREED TO PER FORM A REMEDIAL INVESTIGATION/FEASIBILITY (RI/FS) STUDY AT THE SITE. THE RI/FS REPORT IS NEAR COMPLETION, AND REMEDIAL ACTIVITY AT THE SITE IS EXPECTED TO BEGIN IN 1990. - PRIOR TO ENTRY OF THE CONSENT DECREE, U.S.EPA PERFORMED TWO REMOVAL ACTIVITIES AT THE SITE, AND FUNDED ADDITIONAL RE- SPONSE ACTIVITIES BY THE STATE OF MICHIGAN, UNDER A COOPERA- TIVE AGREEMENT. THESE RESPONSE ACTIVITIES AND THE OVERSIGHT OF THE DEFENDANTS' PARTIAL SURFACE CLEANUP WERE COMPLETED PRIOR TO THE OCTOBER 17, 1986, ENACTMENT OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. 99-499 (SARA). AN ARGUMENT, THEREFORE, EXISTS THAT THE U.S. WILL BE BARRED FROM RECOVERING THESE PRE-SARA COSTS, UNLESS IT FILES A COST-RECOVERY LAWSUIT WITHIN 3 YEARS OF SARA'S ENACT MENT, THAT IS, BY OCTOBER 17, 1989. TO DATE, U.S. EPA HAS EXPENDED MORE THAN $2.54 MILLION IN UNREIMBURSED COSTS AT THE SITE. -