1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. HORIZON POTASH MINE CARLSBAD, EDDY COUNTY, NEW MEXICO CYPRUS AMAX MINERALS COMPANY HORIZON POTASH CORPORATION 3. THE HORIZON POTASH MINE IS A CLOSED POTASH MINING AND PROCESSING FACILITY LOCATED NEAR CARLSBAD, EDDY COUNTY, NEW MEXICO. THE FACILITY OPERATED FROM 1952 UNTIL 1985, WHEN IT SHUT DOWN DUE TO WEAK POTASH MARKETS. IN 1986, THE FACILITY REOPENED, AND THEN PERMANENTALY SHUT DOWN IN 1993. ON MARCH 6, 1996, PERSONNEL ASSOCIATED WITH BLM AND NMED AIR POLLUTION CONTROL BUREAU CONDUCTED A FIELD ASSESSMENT OF THE SITE. DURING THE INSPECTION BLM AND NMED NOTICED SUSPECTED ACM MATERIALS IN VARYING STAGES OF DECOMPOSIT- ION, INCLUDING TRANSITE BUILDING MATERIAL AND PIPE AND TANK INSULATING MATERIALS. ON APRIL 2, 1996, BLM ISSUED TO CYPRUS AMAX AN ORDER RE- QUIRING IT, IN PART, TO ADDRESS THE ACM FOUND IN POOR CONDITIONAT THE SITE AS WELL AS CONTENTS OF TANKS AND DRUMS FOUND ON-SITE. ON APRIL 3, 1996, BLM FORMALLY REQUESTED EPA'S ASSISTANCE IN ADDRESSING THE RELEASES, OR TH