OPTIMA, PARENT TO KES, AGREED TO ALLOW A PASS THROUGH FOR ENVIRONMENTAL CLAIMS, BUT ONLY IF EPA FILED A PROOF OF CLAIM. KES OPERATES A STEEL PLANT IN ASHLAND, KY, WHICH IS REGULATED UNDER RCRA BY THE STATE. EPA WAS FORCED TO FILE A POC IN THE UNLIKELY EVENT THAT THE KES FACILITY ENDS UP ON THE NPL.