1. THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9601 ET SEQ. 2. MALONE SERVICE COMPANY SUPERFUND SITE 5300 CAMPBELL BAYOU ROAD, NEAR SWAN LAKE AND GALVESTON BAY TEXAS CITY, GALVESTON COUNTY, TEXAS 77592 3. THE FACILITY IS LOCATED NEAR A HEAVILY INDUSTRIALIZED AREA THAT INCLUDES NUMEROUS PETROCHEMICAL PLANTS. MUCH OF THE WASTE AT THE MSC FACILITY WAS SHIPPED FROM NEARBY PLANTS. MSC WAS CITED REPEATEDLY BY TNRCC AND EPA FOR EN- VIRONMENTAL VIOLATIONS, MANY OF WHICH REMAIN UNRESOLVED. EPA CONDUCTED AN EMERGENCY/TIME CRITICAL REMOVAL ACTION BEGINNING IN OCT. 1999. THE ACTION WAS LIMITED TO THOSE MEASURES NECESSARY TO STABILIZE THE SITE UNTIL A LONG- TERM REMEDIATION PLAN COULD BE FORMULATED. THE EPA HAS INCURRED APPROXIMATELY $4.9 MILLION IN CERCLA RESPONSE COSTS TO DATE. FUTURE RESPONSE COSTS HAVE BEEN ESTIMATED AT $30 TO $100 MILLION. TNRCC HAS INCURRED AP- PROXIMATELY $1.2 MILLION IN RESPONSE COSTS. THE STATE OF TEXAS HAS INSTIGATED AN INSTANT INVOLUNTARY BANKRUPTCY ACTION IN ORDER TO FACILITATE SALE OF THE FACILITY AND TO RETURN IT TO OPERATION WITH APPROPRIATE ENVIRONMENTAL SAFEGUARD. 4. RELIEF SOUGHT PURSUANT TO CERCLA,