the Director of the Hazardous Site Cleanup Division signed an administrative Settlement Agreement for Recovery of Past and Future Response Costs with E.I. duPont de Nemours and Company and BASF Corporation for the DuPont-Newport Superfund Site in Newport, Delaware, pursuant to Section 122(h)(1) of CERCLA , EPA Docket No. CERC-03-2013-0003CR. The Agreement provides for payment of 100 percent of EPA�s Past Response Costs ($178,646.09), to be deposited in the Site-specific special account, and for payment of Future Response costs, to be billed periodically through the procedures set forth in the Agreement. Because this matter was previously referred to, and litigated by, the U.S. Department of Justice (�DOJ�), the Agreement is being entered in conjunction with the Attorney General�s settlement authority. After signature by DOJ, in accordance with Section 122(i) of CERCLA, EPA will publish notice in the Federal Register of the Agreement and provide at least thirty (30) days for public comment before the Agreement may become final.
The United States previously filed suit against DuPont and BASF�s predecessor, Ciba Specialty Chemicals Corporation, after DuPont and Ciba refused to agree to pay EPA�s removal and remedial oversight costs, given the pendency of U.S. v. Rohm & Haas, 2 F.3d 1265 (3rd Cir. 1993). On appeal of the district court�s adverse ruling, the Third Circuit overruled Rohm & Haas, and reversed the lower court�s order on oversight costs. Under