ON DECEMBER 20, 2001, REGION IX FILED A COMPLAINT AND ADMIN ORDER ON CONSENT AND FINAL ORDER (CA/FO) PURSUANT TO 40 C.F.R. PART 22 AGAINST THE UNITED STATES NAVY TO RESOLVE VIOLATIONS OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ) AND THE POLYCHLORINATED BIPHENYL (PCB) REGULATIONS IMPLEMENTING TSCA AT THE MARE ISLAND NAVAL SHIPYARD IN VALLEJO, CALIF. (MARE ISLAND). MARE ISLAND WAS CLOSED BY THE NAVY IN 1996 PURSUANT TO THE BASE REALIGNMENT AND CLOSURE (BRAC) ACT. ALTHOUGH MANY AREAS OF PCB CONTAMINATION HAD BEEN REMED- IATED AT MARE ISLAND BY THE NAVY, LEVELS OF PCBS SUBJECT TO TSCA REGULATIONS STILL REMAINED IN MANY AREAS. IN APR. 2000 THE CITY OF VALLEJO (VALLEJO) REQUESTED THAT PORTIONS OF MARE ISLAND, INCLUDING AREAS STILL CONTAMINATED WITH PCB'S, BE TRANSFERRED TO THEM FOR REDEVELOPMENT AND REUSE. THE NAVY THEN PROPOSED TO TRANSFER A 680 ACRE PORTION OF MARE ISLAND KNOWN AS THE EASTERN EARLY TRANSFER PARCEL TO VALLEJO PURSUANT TO THE EARLY TRANSFER PROVISIONS OF CERCLA 120(H), 42 U.S.C. 9620. VALLEJO INTENDS TO IMMEDIATELY TRANSFER THE PROPERTY TO THE LENNAR MARE ISLAND (LMI) PARTNERSHIP, A PRIVATE DEVELOPER WHO PLANS TO REMEDIATE AND DEVELOP THE PROPERTY FOR COMMERCIAL AND INDUSTRIAL REUSE. ------- THE CA/FO RESOLVES A DISPUTE OVER WHETHER THE NAVY TRANSFER AND VALLEJO AND LMI RECEIPT AND USE