PBOTICTIOM Xowcr WWZQW Zzz in the HATTER OF: Revere Chemical Site AT&T Technologies, Inc.; Carpenter Technologies Corp.; Docket No

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TSM UVTtWD 8TATIS PBOTICTIOM xowcr WWZQW zzz IN THE HATTER OF: Revere Chemical Site AT&T Technologies, Inc.; Carpenter Technologies Corp.; Docket No. III-92-01-DC GTE Products Corporation; International Business Machines Corp.;, Unisys Corporation; East Falls-.Corporation; NCR Corporation; Qantel Corporation; Harbucks, Inc.; Manfred OeRewel; and Yates Industries, Inc., a Respondents Proceeding Under Section 106(a) .of the Comprehensive Environmental Response, Compen- sation, and Liability Act of 1980, as/amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. S 9606(a)

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Having determined the necessity for implementation of * response activities at or relating to the Revere chemical Site on Pennsylvania State Highway Route 611 in NocJcamixon Township, Bucks County/ Pennsylvania, the United States Environmental protection Agency ("IPA"), hereby orders as follows:

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1.1 This Order is issued pursuant to the authority vested in the President of the United States by Section 106 of the comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Ad: of 1986 ("CZRCLA"), 42 U.S.C. S 9606, delegated to the EPA by Executive Order No. 12,580, 52 Fed. Reg. 2923 (January 29, 1987), and further delegated to the Regional

AR00008I Revere Chemical site 2 Docket Mo. III-92-oi-oc Administrators of EPA. This Order pertains to property located on Pennsylvania State Highway Route 611 in Mockamixon Township, Bucks County, Pennsylvania. The property will hereinafter be referred to as the "Revere Chemical Site," "the site" or "Site" and is further described in paragraph 3.17 below. 1.2 The Respondents shall undertake all actions required by, and comply with all requirements of this Order including any modifications hereto ("the Work"). 1.3 The Work shall be consistent with the National Oil and Hazardous Substances Pollution Contingency Plan, as "amended ("NCP"), 40'C.F.R. Part 300, and CERCLA. * 1.4 This Order is issued to the above captioned Respondents ( " Respondents " ) .

II.

2.1 In issuing this Order, the objective of EPA is to protect the public health, and welfare and the environment by ensuring that a proper removal response action, as defined in Section 101(23) of CERCLA, 42 U.S.C. S 9601(23), is conducted to abate., mitigate and/or eliminate the release or threat of release. of hazardous*, substances at the Site (as hereinafter described),'-. by properly disposing of certain hazardous substances • and hazardous -wastes located there and eliminating, abating or minimizing the migration of hazardous "substances from the Site.

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3.1 Respondent AT&T Technologies > Inc. ("ATfiT") , formerly western Electric Company, Incorporated, is a corporation organized £04 existing under the laws of the State of. New York whose priamipal office is located at one Oak Way, Berkeley Heights, W+* Jersey 07922. 3.2 Respondent Carpenter Technology corporation ("Carpenter") is a corporation organized and existing under the laws of the state of Delaware whose principal office is located at 101 Bern Street in Reading, Pennsylvania 19109. 3.3 Respondent International Business Machines Corporation ("IBM") ia-a corporation organized and existing under the laws of the state of New York whose principal office is located at Old Orchard Road, Armonk, New York 10504. AR000082 Revere Chemical site 3 Docket No. IXI-92-oi-DC 3.4 Respondent Yates Industries, inc. ("Yates") is a corporatiS organized and existing under the laws of the state of New Jersey formerly Circuit Foil Corporation, whose corporate offices are ' located at U.S. Highway 130, Bordentown, New Jersey 08505. Yates is a wholly owned subsidiary of Square D Company. 3.5 Respondent Unisys Corporation ("Unisys") is a corporation organized and existing under the laws of the State of Delaware, whose corporate offices are located at Township Line & Union Meeting Roads in Blue Bell, Pennsylvania 19422. Unisys is the successor to Sperry corporation and Burroughs Corporation, which merged into.a new corporate entity, Unisys, on or about November 13, 1986. 3.6 Respondent GTE Products Corporation ("GTE") is a corporation organized and existing under the laws of the State of Delaware, whose corporate offices are located at One Stamford Forum in Stamford', Connecticut 06901. GTE is the successor to Sylvania •Electric Products, Inc., which changed its name to GTE Sylvania, inc., on or about January 1, 1971. GTE Sylvania, Inc., subsequently changed its name to GTE Products Corporation on or about January 1, 1980. , 3.7 Respondent East Falls.Corporation ("East-Falls") is a corporation organized and'existing under the laws of- the state Delaware, whose principal office is located at 15.Lee Boulevard in Malvern, Pennsylvania 19355. 3.8 .Respondent NCR Corporation ("NCR") is a corporation • organized and existing under the laws of the_State of Maryland, whose'principal office is located at 1700 South Pattarson . Boulevard in Dayton, Ohio 45479. • - 3.9 Respondent Qantel Corporation ("Qantel") is a corporation organized and existing under the laws of the State of New York, whose corporate offices are located at.4142 Point Eden Way in •Hayward, California 94545. Qantel filed for bankruptcy on or. about September 13, 1991, in the United States Bankruptcy Court for the' Northern District of California, and is a debt or-in- possessioa>» , , • • . 3.10 Respondent Barbucks, Inc. ("Rarbucks") is a corporation organized and existing under the laws of the State of Maryland, whose corporate offices are located at 40 Fort Hoyle Road in Joppa, Maryland 21085. ,'.• 3.11 Respondent Manfred DeRewel ("DeRewel") is ah individual residing at the McKean Federal Correctional Institute in.. Bradford,. Pennsylvania 16738. 3.12 Respondents AT&T, Carpenter, GTE, IBM, East Falls, NCR, Qantel and Unisys and/or their predecessors, are persons who

flftOQG083 Revere Chemical Site 4 Docket NO. III-92-oi-DC arranged with Echo Incorporated ("Echo, Inc."), DeRewal Chemical Revere Chemical or other operators of the Site by contract, agreement or otherwise, for disposal or treatment and/or transport for disposal or treatment of hazardous substances owned or possessed by them. Operators of the Site subsequently handled and/or disposed of all.or portions of these hazardous substances in earthen lagoons onsite. 3.13 Respondent Yates was previously named Circuit Foil Corporation. Circuit Foil.Corporation held a controlling stock interest in Echo, Inc. and actively participated in management of Echo, .Inc.'s activities at the Site, during the years Echo, Inc. operated the Site, until 1968, and, therefore^ is a past owner and/or operator of the Site at the time of disposal of .hazardous substances. •3.14 Respondent Manfred DeRewel is a past owner and/or operator of the Site at the time of disposal of hazardous substances. 3; 15 Respondent Harbucks is the current owner of the site.- o . ' • 8ITB OPgRATIOMSi . '

• ' 0 • » 3.16 The Revero .Chemica.l Site was operated as a metals reclamation facility'from approximately 1965 until its closure and abandonment in December 1969, by companies, including but.not necessarily limited toj,-oEcho; Incorporated; Revere Chemical • Company; and, DeRewal Chemical Company. These three' companies arranged for-the transport of hazardousksubstances and wastes, including but not limited to, plating and etching solutions,, to •the Site, where they were treated to recover metal constituents. . The recovered materials were used, in certain instances, "to manufacture or formulate, industrial.and agricultural pesticides, including fungicides. During the period of operation at least eleven onsite earthen lagoons, which have since been back-filled, were utilized for storage, process and/or disposal of hazardous substances, including the spent solutions described above. One lagoon is known'to have been either unlined or lined with materials of uncertain permeability and integrity. These processes left extensive hazardous substance contamination on and around thmfcftite, as further described below.

3.17 The Site is situated on a 112 acre tract of land off of U.S. Route 611, just north of U.S. Route 412 in Nockamixon Township, Bucks County, Pennsylvania. (See the map of the area which is Attachment I hereto.) The Site comprises approximately thirty acres upon which the facility buildings and lagoons were once active. Much of the former lagoon area remains either devoid of vegetation or shows signs of stressed vegetation. The building* onsita art abandoned and exist in various stages of AR00008I* Revere. Chemical site 5 Docket NO. 111-^92-oi-DC dilapidation. Two former spray fields are located on the site, one directly eaat and the other 'directly south of the process areas. Two unnamed tributaries of Rapp Creek run through the Site. Rapp Creek, which lies approximately 750 feet'from the Site, drains Into Tinicum Creek which, in turn, flows into the Delaware River. The Delaware River lies approximately 6 miles from the confluence of Rapp 'Creek and Tinicum Creek.

3.18 During its ye*rs~-of--pperation, activities a£ the Site were monitored by the Bucks County Department of Health ("BCDOH"). in approximately 1966, the BCDOH observed washes flowing from the Site into surface waters adjacent to the Site and fined Echo, Inc., $500.00 for. such unauthorized"discharge.° The Site's operators were cited.by the. Commonwealth'°of Pennsylvania for numerous water pollution violations, including a fish kill in Tinicum Creek, into' which tributaries from th£ Site flow, and improper waste disposal practices before tfte Site's closure and abandonment in approximately- DecSmber of I969a. , .. 3.19 In Decembeir 1970, the Pennsylvania'Department of HealtJi ("PADOH") initiated a cleanup..project at the Site. During the PADOH cleanup, lirge volumes of waste liquid and sludge were . removed from the Site and several lagoons were .covered or otherwise closed. .••';. ". . './. 3.20 On^o/r, about March 14, 1984/EPA performed an emergency assessment of the Site, during which EPA sampled both drums, and spilled solids. -. -..„.. ..' . % ' ' On or about March it, 1984, a fire' occurred in the former office area of the Site. °Site records were'involved in the fire and most of the records were destroyed. . 3.22 on or about March 27, 1984, trie Regional Administrator of EPA Region III signed* a Justification for Approval.of Immediate- Removal Action at the Revere Chemical Site.The Regional ' Administrator approved the initiation of ah immediate removal action to^Bftte e release or threat of release of any pollutant or contajajaent which may present an imminent and substantial danger to^he public health or the environment and identified a direct contact and fire and explosion threat that presented an imminent and substantial danger to the public health and the . environment. Thin authorized EPA to expend up to $125,000 in Superfund Trust Fund monies to sample, control and stabilize the Site. 3.23 On or about March 29, 1984, EPA began an emergency response action at the Site. Approximately $112,988 of Superfund Trust Fund monies has been expended by EPA for the sampling and

5R000085 Revere Chemical Site ' 6 Docket No. III-92-01-DC disposal of certain drums and hazardous substances found 'on the Site. a3.2t 4th e'O Siten or. abouDurint Mag yth 30e ,investigation 1984, EPA conducte, sampled ssit ofe soilinvestigatio, n sediment, surface water and well-water were collected at or near the Site for analysis. 3.25 On or about July 22, 1987, the Revere Chemical Site was listed on the. National Priorities -List ("NPL"), in accordance with Section 105(8) of CERCLA, 42 OfS.C. S 9605(8). 3.26 On or 'about December 19, 1988, AT&T, Carpenter, IBM and Ya-tes entered into an Administrative Order by Consent [Docket No III-89-02-DC] with EPA for the performance of a Remedial Investigation and Feasibility Study .(."RI/FS") in order to determine the nature and extent of any contamination and threat to public health or welfare or to the environment and » to determine and evaluate alternatives for remedial action at the

3.27 Beginning on or after December 19, .1988, Respondents AT&T, carpenter, .IBM and Yates began -conducting' investigatory and other activities at the? Site .pursuant to the RI/FS. The RI/FS is still .ongoing. As part of °the RI/FS activities, a fence was erected around the site and silt fencing was placed at certain locations on the Site, other. RI/FS investigations to date have included certain sampling and analyses of surface soils, subsurface soils, .surface water, groundwater, waste materials- and ecosystems and also included certain other physical analyses and studies and other activities. The presence of buried drums. at certain locations in the former process area of the Site . were identified during investigations. Further investigations,, including exploratory excavations, uncovered an estimated 500' drums and associated 'wastes. During these investigations; the drums. and wastes were staged onsite in three temporary staging .areas . These staging areas are of a temporary design consisting of a high-density polyethylene liner placed over hay bales creating surface covers and dikes into which the drums and wastes were placed, over all of which tarpaulins were placed. 3.28 In approximately August 1991, EPA issued a Proposed Remedial Action Plan for the Site. The Proposed Plan included the removal and off-site treatment and/or disposal of the drums and associated wastes identified in 3.27, above. 3.29 on or about September 16 and 17, 1991, EPA inspected the site and the condition of the drums, associated wastes and the temporary staging area structures. During the inspection EPA observed approximately six staging areas containing piles of materials under tarpaulins in deteriorating temporary dike structures, including the three ataging areas with the drums and AR000086 Revere Chemical site 7 Docket No. III-92-oi-DC associated wastes described in Paragraph 3.27,°above. The tarpaulins over, the piles identified in Paragraph .3.27 were torn and pulled away from the wastes at certain points. Exposed wastes and drums were visible and waste soils were visibly eroded. The presence of waste soils and sediment residues on the dikes indicated that wasts materials had washed from or could wash from the diked areas during heavy rains. 3.30 In addition, during, the Site inspections on or about September 16 and 17, 1991, EPA observed many areas of stained soils, exposed o? partially exposed.remnants of drums and discolored materials suspected of being wastes at the soil surface. EPA aliio observed a large area of the Site, identified as the former Site process area by Site maps and contract personnel conducting the RI/FS, which was devoid of vegetation or sparsely vegetated. The RI/FS contract personnel indicated that ' the process area had apparently been devoid of vegetation since the..Site was abandoned and PADOH had conducted a response action in the early 1970s. They further indicated that the lack of vegetation was apparently due to the presence of toxic concentrations of metals in the soils, including copper and arsenic, identified by RI/FS sampling. .This area was heavily eroded. EPA observed evidence.of continuing'erosion in the weathered condition of recently disturbed areas and vehicle tracks left by excavation-and Site investigation.equipment. EPA observed a visibly damaged portion of the Site security fence. 'EPA was told by contractors responsible for. the conduct of the RI/FS that the Site had been entered by unknown persons who stole equipment from the Site operations trailer. 3.31 On or about September 20, 1991 the Regional Administrator of EPA Region III signed, a Request for Ceiling Increase and Twelve-month Exemption ("Ceiling Increase") and an Approval of a Request for Ceiling Increase and Twelve-month Exemption ("Approval") authorising the expenditure of up to $591,500 of Federal Superfund Trust monies to mitigate or abate the release or potential release of hazardous substances or contaminants and any threat or potential threat to public .health or welfare or to the environment posed by such a release or potential release at the Site, ithe Ceiling Increase authorized EPA to expend funds to dispose otf^mtaged drums and associated wastes at the Site ' *. identified "in 3.27, above, and consistent with the Proposed Remediation Plan identified in 3.28, above, among other response actions. In the Approval, the Regional Administrator determined that the release or potential release of. materials the Site, including hazardous wastes and substances identified in the Ceiling Increase as hazardous substances, posed a threat to human health and to the environment. 3.32 On or about October 7, 1991, EPA sent each of the Respondents a letter notifying them of their potential liability and offering to negotiate for removal action at the Site. 4R000087 „" _-. .- -t*cV *;'* «- v " Revere Chemical Site 8 Docket No. III-92-01-DC

3.33 During the Emergency Response Action of March'1984, described above, EPA analyses revealed, among other things, ' concentrations of metals including arsenic, beryllium, cadmium, chromium, copper, lead, nickel,_ and »inc in-waste material, surface soil, subsurface-soil, sediment, .surface water and/or well water at or near'the Site. The analyses "included, bat were not limited to: ^.' '" '" ~" , . .,*'"" 4' Contaminant Level (ppmi •-. 1 Media ' ** '"'•". a. . *» „' arsenic , . 43 • -soil 0 ''.. . 0<> beryllium . -,230 . ;•-*••-'- soil a cadmium - " , .26 • V • . o .waste prile '.' • chromium./ - 110,000 - " waste/drum .. .-..-. ^ 'copper '»•-• ."178,000 • « • • waste/drum lead - . •• - ; . '• 29ft . * . waste pile nickel 1,420 . ; soil •$':*,i"~ zinc 666 '• soil :•.;,.•- 'v*' ' • • ' •..-."'.'' ,va 3.34 During, the Site investigation oh

Contaminant .. . i ::Levet fippml ° a . Media ;. arsenic '*""''"" 125 sediment chromium ' . 8,190 . • ?soil copper 41,300 ' '. sediment nickel / 415 • soil . 3.35 During RI/FS investigations, analyses by AT&T, Carpenter, IBM and Yates and/or by EPA revealed concentrations of metals, and other materials, including copper, chromium, 1,2,4-. trichlorobaajene and trichloroethylene, in sediments, surface water and/or well water at the Site. These.analyses included but were not jmcsisarily limited'" to: . . Contaminant LtYfl fopmV ' Media " copper 1,000 sediment chromium 480 ' sediment Madia l,2,4-trichlorob«nzene 110 - . wa^J, trichloroethylena 110 well water flROOQ088 Revere Chemical Site 9 Docket NO. III-92-01-DC1 3.36 During RI/FS investigations, analyses by AT6T, Carpenter IBM and Yates revealed concentrations of metals and other ' materials, including chromium, tetrachloroethylene and trichloroethylene, in staged wastes in excess of Resource Conservation and Recovery Act ("RCRA") Toxicity Characterization Leaching Procedure ("RCRA/TCLP") leaching limits. These analyses included but were not necessarily limited to: * Contaminant Level fppbl Madia chromium 217,000 waste pile tetrachloroethylene 44,300 Iq. waste/drum trichloroethylene 6,130 Iq. waste /drum flTOSTXWCM; 3.37 The substances listed in Paragraphs 3.33, 3.34, 3.35 and 3.36 are listed as a hazardous substances at 40 C.F.R. $ 302.4. 3.38 The substances listed in Paragraph 3.36, above, are hazardous wastes having characteristics identified by 40 C.F.R. S 261.3. TOIICOLOqiCAL IirrOKJCXTIOM; 3.39 Presented below are toxicological profiles for certain of the- hazardous substances identif iednabbve/ Including: * . • ° Arsenic - Arsenic is a human carcinogen; it -causes skin tumors when it is ingested' and lung tumors when it is 'inhaled. Arsenic compounds are teratogenic and have adverse reproductive effects in animals; Chronic exposure to arsenic is associated with polyneuropathy and skin lesions. * Cadmium - cadmium is carcinogenic in animals exposed by inhalation and may also be carcinogenic in humans. Cadmium is a known animal teratogen and reproductive .toxin. It has chronic effects on the kidney. . ' ' . Chromium -^Chromium is a heavy metal that generally exists in either a Urivalenl: or hexavalent oxidation state.. An increased incidence-ejf lung cancer warn seen in workers. occupationally exposed to chromium VI. Hexavalent chromium also causes kidney damage in animals and humans, and is carcinogenic in rats. .Trivalent chromium is less toxic than hexavalent chromium; its main effect is contact dermatitis in sensitive individuals. Lead - Lead is classified by the EPA as a Group B2 - Probable Human Carcinogen. With regard to non-carcinogenic endpoints, lead exposure has been associated with fatigue, headache, abdominal cramping, kidney dysfunction, and anemia. Additionally, neurological deficits (peripheral and cantral) AR000089 Revere Chemical Site 10 Docket No. lll-92-oi-oc been reported following exposure to this heavy metal. Young children are particularly susceptible to the toxic effects of lead, specifically with regard to impairment of cognitive development. Tetrachloroetbyleae ("PCE") -PCE is classified as a Group B2 - Probable Human Carcinogen by the EPA. Repeated contact may cause dermatitis, as well as, eye and nose irritation. Additionally, headache, dizziness, fatigue, hepatic injury and renal injury have been observed. Trichloroethyleae ("TCE") - TCE is classified as a Group B2 - Probable Human Carcinogen by the EPA. Upon exposure, this commonly used industrial degreaser may cause irritation of the eyes, nose and throat, as well as contact dermatitis. Exposure to TCE may also depress, the central nervous system, eliciting such symptoms as headache, dizziness, tremors, nausea and fatigue. Peripheral neuropathy has also been reported. BTPOflCTRB STTTI«O: . 3.40 Hazardous substances released at the Site are found in waste, surface soil, subsurface soil, sediment, surface water and/or ground water at or near the Site* 'The Site is largely barren of vegetation and ground cover apparently due to excessive concentrations of heavy metals or other contaminants in the soils Large areas of the Site are eroded and apparently continue to 'erode. Waste piles on the Site, containing hazardous wastes and hazardous.substances, are unstable and subject to erosion and weathering. Soils and wastes containing hazardous substances and/or hazardous wastes have migrated or may migrate from the Site. Despite the installation of a Site perimeter fence, on at least one occasion, an unknown and unauthorized person or persons apparently entered the Site and may continue to do, so.. 3.41 Upper Bucks County, where the Site is located, is'primarily farmland, open fields' and wooded .areas. Several parks and recreational areas are located nearby, including Nockamixon Lake, a public recreational area, located approximately two miles west .of the SitSu Th« fields, woods and streams in the area are used extensive^ for hunting, fishing and other recreational purposes. The land ^P*?* ** **• **•* surrounding the Site is largely agricultural. Rapp CreeJc is an unrestricted waterway. Rapp Creek is used for recreational purposes, including swimming, trapping and fishing, and is classified as a cold water fishery by the Pennsylvania Fish Commission. Persons and aquatic and terrestrial flora and fauna in the area and in or using Rapp Creek may be exposed to offsite migration of hazardous substances and contaminants in Rapp Creek. Ground water in the area is used for domestic and industrial purposes and public supply for area schools. In addition, persons entering the Site, unaware of potential hazards, may come in contact with wastes at the Site. AR000090 Revere Chemical Site n Docket No. III-92-01-DC0 Hunters may shoot and vandals/youths may dump or tamper with the drums of liquid wastes releasing the contents into the soil ground water and/or Rapp Creek and its tributaries and receiver streams, potentially exposing themselves and others to hazardous substances.

iv. eomeLPsiQM or i+w ' * f 4.1 The Revere Chemical Site is a "facility" as defined by Section 101(9) Of CERCLA, 42 U.S.C. S 9601(9). 4.2 Respondents are "persons" as defined by Section 101(21) of CERCLA, 42 U.S.C. S 9601(21). 4.3 "Hazardous substances", as defined in Section ioi(14) of CERCLA, 42 U.S.C. S 9601(14), have been disposed of at the Revere Chemical Site and are currently present there. •4.4 The presence of hazardous substances at the Site and the past, present, and/or potential migration of hazardous substances from the Site constitutes an actual and/or threatened -"release"• .as defined in Section 101(22) Of CERCLA, 42 U.S.C. $9601(22). 4.5 Respondent AT&T is a "person who by contract,, agreement, or otherwise arranged for disposal or treatment,- or arranged with a transporter for disposal or treatment,.of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel (the Site) 'owned 'or operated- by another -party or entity and containing such hazardous substances" within the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. S 9607(«)(3). ."'•'.- • o 0 . . ' 4.6 Respondent Carpenter is a "person who by contract, . agreement, or otherwise arranged for disposal or -treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by such person* by any other party or entity, at any facility or incineration vessel (the Site) owned or operated by another party,or entity and containingsuch hazardous substances" within the meaning of Section 107fa)(3) Of CERCLA, 42 U.S.C. S 9607(a)(3). 4.7 Respondent IBM is a "person who by contract, agreement, or, otherwise arranged.for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel (the Site) owned or operated by another party or entity and containing such hazardous substances!* within the meaning of Section 107(a) (3) of CERCLA, 42 U.S.C. S 9607(a)(3). R'evere Chemical Site 12 Docket No. HI-92-oi-DC 4.8 Respondent Unisys is a "person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel (the site) owned or operated by another party or entity and containing such hazardous substances" within the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. S 9607(a)(3). 4.9 Respondent GTE is a "person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter•for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party, or entity, at any facility or incineration vessel (the Site) owned or operated by another party or entity and containing such hazardous substances" within the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. S 9607(a)(3). 4.10 Respondent Yates is a "person who at the time of disposal of hazardous substance owned or operated any facility (the Site) at which such hazardous substance were disposed of" within the meaning of Section 107(a)(2) Of CERCLA, 42 U.S.C. S 9607(a)(2). 4.11 Respondent East Falls is a "person who by contract, • agreement, or otherwise, arranged for disposal or treatment, or arranged with-a transporter for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity,- at any facility or incineration* vessel (the Site) owned or operated by another party or entity and containing such hazardous substances" within the. meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. $9607(a)(3). 4.12 Respondent NCR is a "person who by contract,, agreement, 'or otherwise arranged for disposal or treatment, or arranged with a . transporter for disposal or treatment,'of hazardous substances . owned or possessed by such person, by any other party or entity, at any facility' or incineration vessel (the Site) owned or . . operated by another party or entity and containing such hazardous substance*? withia thai meaning of Section 107(a) (3) of CERCLA, 42 u.s.c. S f£07(a)(3). ' • SE ' 4.13 ResdDndent Qantel is a "person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel (the Site) owned or operated by another party or entity and containing such hazardous substances" within the meaning of Section 107(a)(3) of CERCLA, 42 u.s.c. S 9607(a)(3). 4.14 Respondent Harbucks is owner of the Site, within the meaning set forth in Section 101(20) of CERCLA, 42 U.S.C. ARGGQ092 .Revere Chemical Site 13 Docket No. lII-92-oi-D S 9601(20).- * . • • ' ' ° " • ' ' - ' 4.15 Respondent DeRewel is a "person who at the time of disposal of hazardous substance owned or operated any facility (the site) at which such hazardous substance were disposed of" within the meaning of Section1 107 (a) (2) of CERCLA, 42 U.S.C. S 9607(a)(2). 4.16 Respondents are liable , under Section 107 (a) of CERCLA, 42 U.S.C. $ 9607(a). Respondents are jointly and severally responsible for carrying out the provisions of this Order.

'Based on the Findings of Fact and Conclusions of Law set forth above, and the Administrative Record supporting this Order, EPA has_d.etermined that: • ' » • '. *> • • " .•5.1 The actual and/or threatened. release of hazardous substances from the site may present an imminent and substantial endangerment to the public health or welfare or the environment. . i * .''• '• ' A • , • » 5.2 The Work is necessary to. protect the .public health arid welfare 'and the environment. — ——— 5.3 Because there is a threat or potential threat to public health or welfare or the environment, a removal action is appropriate to abate, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous substances at or from the Site. •

-PMTJM BOOMP

1 6.1 This Order shall apply to and bet binding upon Respondents . and their agents, successors,.. and assigns. . Neither a change in ownership or corporate or partnership status of Respondents, nor a change in.ownership or. control of the Site shall in any way alter,Respondents' responsibilities under this Order. 6.2" No dminge.ia ownership of any property covered by this order snail in may way alter, diminish, or otherwise affect any of Respondents' obligations and responsibilities under this Order. 6.3 In the event of any change in ownership or control of the Site, Respondents shall notify EPA in writing at least thirty (30) calendar days in advance of such change and shall provide a copy of this Order to the transferee in interest of the Site prior to any agreement for transfer.

flR000093 Revere Chemical Site 14 Docket No. lII-92-oi-DC 6.4 Respondents shall provide a copy of this Order to all contractors, subcontractors, supervisory personnel, laboratories and consultants retained by Respondents to conduct any portion of the work to be performed by Respondents pursuant to this Order. Respondents shall require in any and all contracts related to this Site that the work that is the subject of such contract be performed within the time and in the manner set forth in this Order. 6.5 Respondents are jointly and severally liable for compliance with the provisions of this Order. All references to "Respondents" herein shall mean each and every Respondent, both collectively and individually. The failure by one or more of the Respondents to comply with all or any part of this Order shall not in any way excuse or justify noncompliance by any other Respondent. Further, the compliance by one or more Respondents with all or part of this Order shall not in any way excuse or justify noncompliance by any other Respondent.'

7X1. HQMC1 TQ TSM STATR

7 . i Notice of issuance of this order has been given to the Commonwealth of Pennsylvania, pursuant to Section 106 (a) of CERCLA, 42 U.S.C. S 9.606 (a) .. . ..?•..'.'.. V\V- . % . . ,.: '. '.*-.. . ,vtoS • • -; • '0 VIII. aiflPOIISl ACTIOM PLAIT PlVBLOPliyf * AMD IKPLUCJMTATl'ON • <*

8.1 -Respondent!! shall commence and- complete performance of the following Work within the time periods specified herein. 8.2 within ten (10) business days of the effective date of this order, Respondents shall notify EPA in writing of the identity and qualifications of the -contractor -t subcontractor, supervisory personnel, and other persons who will be primarily responsible for developing the Response Action Plan ("RAP") required by this Section. JmMpondents shall further notify EPA in writing of the identity mA qualifications of all contractors, subcontractors, supervisomft personnel and other persons who will conduct all or any portion of thai Work no less than five (5) business days prior to commencement of the Work to be performed by such persons. All contractors, subcontractors, supervisory personnel and/or other persons retained to perform Work shall meet the applicable Occupational Safety and Health Administration ("OSHA") requirements as defined in 29 C.F.R. S 1910.120. All . contractors, subcontractors, supervisory personnel, and other persons who will perform Work; the Respondents' Project Coordinator designated pursuant to Section IX; and any replacements to any such persons are subject to disapproval by AR00009U Revere Chemical site 15 Docket No. lll-92-ol-oc. EPA at any time. In the event of any such disapproval by EEA». Respondents shall notify EPA within five (5) calendar/ d*\ receipt of such EPA disapproval of the person (s) who will tw.,. the one(s) disapproved by EPA. Persons disapproved shall not perform any of the Work for which they were disapproved. * 3.3 Respondents shall accomplish the following items: ., ...,. . ' ' c ••• . • - Q ' ...'*...' '"" a. Sample, if determined necessary by EPA,. -the. ;thr.eo/ piles =• of drums and associated wastes staged onsite> aaj. •<> *">" approved by EPA, in order to determine proper and treatment of such wastes; ' : ~ - •} b. Determine proper disposal and treatment of th* wastes * described in Subparagraph a, above, including,measures that will consider reuse or recycling of appropriate materials, means to' destroy contaminants and0 measures to prevent the spread of pollution to the maximum extent practicable, as approved by-EPA; «• • c. Remove, transport and properly dispose of the wastes described in Subparagraph a, above., or provide for . ". • • other final disposition of such-.wastes, as approved by . EPA; ' ; . . • ' • • ' •'.*''.'' d. Implement soil erosion control and/or Sthermigrat-ion " control measures which, at a minimum,' will include - 'extensive use of silt fencing, surface water diversion .channels and. stone rip-rap for the control of offsite • migration of hazardous substances from the.Site, as approved by EPA. Such structures shall at'a minimum, be designed according to the specifications set forth for each such structure in the Pennsylvania Department • of .Environmental Resources Erosion and Sedimentation Control Manual, dated April 1990; "e; Provide and implement a*. Site-specific health and safety plan ("IMP") for Site activities required by sub- a through d, above, to. protect the health. safety of workers, other personnel and the public exposure to hazardous substances, and response Lon related health' and safety hazards during formance of the Work specified herein, as approved by EPA. The HASP shall, as appropriate, provide for proper decontamination of personnel .and equipment; o * '* monitoring and control of offsite migration of : r ^ hazardous substances from the Site and protection, of . public health from exposure to hazardous substances during the conduct of activities at the Site pursuant .to this Order, as approved by EPA. Applicable sections of the HASP shall be at least as stringent as the

AROGOQ95 Revere Chemical. Site 16 Docket No. lli-92-oi-oc Occupational Safety and Health Administration and EPA requirements including, but not limited to, 29 C.F.R. S 1910.120; f. Obtain a Hazardous Waste Generator Identification Number; and g. Provide an expeditious schedule for implementation of the RAP, as approved by EPA. 3.4 Within fifteen (15) business days of the effective date of this Order,.Respondents shall submit to EPA for approval a-RAP detailing the response actions to be implemented for the items specified in paragraph 8.3 above. The RAP shall include, among other things, a schedule for expeditious performance of such response actions. The RAP shall be consistent with the NCP and shall be subject to approval, by EPA according to the provisions of paragraphs 8.5 and18.9 below. 8.5 EPA will review the RAP and notify Respondents of EPA's approval or disapproval of the RAP. In the event of disapproval, EPA will specify the deficiencies in writing. The Respondents shall.respond to and correct .the deficiencies identified by EPA and resubmit the RAP to.EPA within five'(5) business days of receipt of EPA disapproval or such, longer time as may be specified by EPA in;its discretion. Approval, disapproval and/or modification by EPA of the subsequent RAP submission shall be according to the provisions of Paragraph 8.9 below. Approval of the RAP shall not "limit EPA's authority under the terms of this- Order to require Respondents to conduct activities* consistent with this Order to accomplish the work outlined*in paragraph 8.3 of this Order. . • . * 3.6 Within five (5) business days of receipt from EPA of written .approval to proceed with implementation of the RAP, the Respondents shall begin implementation of such RAP in accordance with the RAP and the schedule therein. In the event *EPA determines that any Work performed is -deficient, and EPA requires Respondents to correct or re-perform, such Work pursuant to this Order, Respondents shall correct or re-perform such Work in 'accordance? vith a schedule provided by EPA. ' 3.7 Beginning fourteen (14) calendar days subsequent to the date of receipt of EPA approval of the RAP and every fourteen (14) calendar days thereafter or longer as may be determined by the EPA Project Coordinator designated pursuant to Section IX, and until EPA advises Respondents that the Work is complete, the Respondents shall provide EPA with a progress report for each preceding 14 day period. The progress reports shall include, at a minimum:.-!) a description of the Work completed and the actions that have been taken toward achieving compliance with this Order, including measureo to prevent pollution as described in paragraph AROQQ096 Revere Chemical site 17 Docket No. III-92-oi-oc" 8.3(b) above; 2) a description of all data anticipated and activities scheduled for the next 14 calendar days; 3) a description of any problems encountered or anticipated; 4) any actions taken to prevent or mitigate such problems; 5) a schedule for when such actions will be completed; 6) copies of all analytical data received during the reporting period; and 7) all modifications to the Work, RAP and schedule made in accordance with Section XV to this Order during the reporting period. 3.8 Documents, including plans, reports, sampling results and other correspondence to be submitted pursuant to this Order shall be sent by certified or express mail to the EPA Project Coordinator'designated pursuant to Section IX. 8.9 All report*!, plans, specifications, schedules, and attachments required by. this Order-are subject to EPA approval and shall be incorporated into this. Order upon approval by EPA. In the event of conflict between this Order and any document attached.to, incorporated in or enforceable hereunder, the provisions of this order shall control.- In the event that EPA disapproves any required submission, EPA will (1) specify the deficiencies in writing and/or (2) submit its own modifications* to the Respondents. Respondents shall amend and submit to EPA a revised submission that responds to and corrects the specified. deficiencies within five (5) business days of receipt of EPA , disapproval or such longer time as may be specified by EPA in its discretion. In the event that EPA submits its own modifications to the Respondents, the Respondents are hereby required to implement such modifications. Any non-compliance with EPA- approved WPs, reports, plans, specifications, schedules, attachments, or submission of deficient revisions following EPA disapproval, or non-compliance with EPA required modifications in the case of subsequent disapprovals as specified in this paragraph'shall be considered a failure to comply with a requirement of this Order. Determination(s) of non-compliance will be made by ERA. 8.10 Respondents snail provide to EPA, within seven -(7) calendar days of written request, any and all information and documents in its possession, custody or control resulting from and/or, pertaining, to Work performed by Respondents including, but not limited t*£ analytical data (including raw data), Site, safety data, Sit*;monitoring data, operational logs, copies of all hazardous waste manifest* (including copies of all hazardous . waste manifests signed upon receipt of the hazardous wastes by a licensed treatment, storage or disposal facility), the identity of treatment, storage and/or disposal facilities used, the .identity of transporters used, the identity of any contractors, subcontractors and supervisory personnel used, information and documents concerning Respondents' compliance with Quality Assurance and Quality Control requirements of this Order, information and document! relating to Respondents' efforts to aROOQ097 Revere Chemical site 18 Docket No. IIl-92-ol-DC a secure access, and information and documents relating to any project delays. Nothing herein shall be interpreted as limiting the inspection and information-gathering authority of EPA under Federal lav. d.ll within twenty (30) calendar days of the date Respondents conclude they have completed implementation of the RAP, Respondents shall, submit a written report to EPA. The written report shall detail the work undertaken to implement the RAP, including a description of measures undertaken to prevent pollution in accordance with paragraph 8.3(b) of this Order, and shall be certified by Respondents in accordance with the terms of paragraph 18.1(b), below. EPA will review the adequacy of Respondents' implementation of the RAP and accomplishment of the work items specified in paragraph 8.3 above. EPA will notify Respondents, in writing, of any deficiencies and the actions „ required to correct such deficiencies. Respondents shall develop an additional plan or amend the existing RAP to address, such deficiencies and shall perform, such corrective actions in a manner consistent with the NCP and all applicable Federal, laws or regulations. Any additional plan or amendment will be subject to the approval procedures outlined in paragraphs 8.5 and 8.9 above. 3.12 Respondents shall not handle or remove any hazardous substances from the Site except in conformance with the terms, of this order and all applicable Federal, State or local laws or regulations as required by the NCP. ° '• - 3..13 Respondents shall not commence any Work*except in, conformance with the terms of this Order.. Respondents, shall

9.1 Respondents shall designate a Project Coordinator and shall notify EPA of their designated Project Coordinator no later than five (5) calendar days after the effective date of this Order. Designation of a Project Coordinator shall not relieve the Respondents of their obligations to comply with all requirements of this Order. The Respondents' Project Coordinator shall be a technical and/or managerial representative of the Respondents and may be a contractor and/or consultant; provided, however, the Respondents' Project Coordinator shall not be its legal representative in this, matter. The Project coordinator for EPA designated pursuant to this Section and the Project Coordinator for the Respondents shall 'be responsible for overseeing the Work. To the maximum extent possible, communications between the Respondents and EPA and all documents concerning the activities performed pursuant to the terms and conditions of this Order, including plans, reports, approvals, and other correspondence, shall be directed to the Project Coordinators. • • ' 9.2 The Project Coordinator for EPA is: William D. Steuteville On-Scene Coordinator U.S. Environmental Protection Agency Enforcement and Title III Section (3HW33) 841 Chestnut Building Philadelphia, PA 19107 (215) 597-6678 ' . 9.3 Respondents shall have the right to change their Project coordinator. Such a change shall be accomplished by notifying the EPA Project Coordinator in writing at least five (5) calendar days prior to the change. • 9.4 EPA ajpll have) the right to change its Project Coordinator at any ti* without prior notice to Respondents. EPA's intent is to notify^e Respondents as soon as practicable following any. such change of its Project Coordinator. '..''•' 9.5 The absence of the EPA Project Coordinator from the Site shall not be cause for the stoppage or delay of Work except when such stoppage or delay is specifically required by EPA. 9.6 The EPA Project Coordinator shall have the authority to halt or modify Work or other activities performed by Respondents at the Site to eliminate an actual or potential release or threat of flROQOQ99 Revere Chemical site 20 Docket No. lil-92-oi-oc release of hazardous substances. Such direction by the EPA Project Coordinator may be 'given verbally or in writing, if such direction is given verbally, the EPA project Coordinator will later memorialize such direction in writing.

x. QUALITY xssmumci

10.1 The Respondents shall use quality assurance, quality control, and chain of custody procedures in accordance with the "EPA NEIC-Policies and Procedures Manual" dated May 1978, revised November 1984, EPA Document 330/9-78-001-R and "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans," December 1980, QAMS-005/80, and "QA/QC Guidance for Removal Activities", April 1990, EPA/540/6-90/004, while conducting all sample collection and analysis activities required* by this Order. The Respondents shall consult with EPA in planning for, and. prior to, all sampling and analysis required by the approved WP. The Respondents shall use a laboratory(s) which has a documented Quality Assurance Program that compiles with EPA guidance document QAMS-0.05/80. •* .• o • . * . • i EX. 1IT1 ACCISS . . t . . ' ' ' ' '• ' •• ° ll.l As of the effective date of this Order, Respondents shall provide to EPA and its employees, agents, consultants, ' contractors, and other authorized, and/or designated representatives, for the purposes of conducting" and/or overseeing the Work, .access to all property owned or controlled by Respondents wherein Work must be-undertaken. Such access shall permit EPA and its employees, agents^ consultants0, contractors, and' other authorized and designated representatives to conduct all.activities described in paragraph 11.3 of this order. 11.2 To. the extent that property wherein Work must be undertaken is presently owned or controlled by" parties other than the Respondent* the Respondents shall use their best efforts to obtain aofijNi agreements from the present owners. Such access agreementsysBlll be finalized as soon as practicable but no later than seven (7) calendar days after receiving EPA's written notice to proceed. Such agreements shall provide reasonable access for Respondents and their employees, agents, consultants, contractors and other authorized and designated representatives to conduct the Work. In the event that any property owner refuses to provide such access or access agreements are not obtained within the time designated above, whichever occurs sooner, the Respondents shall notify EPA at that time, in writing, of all efforts to obtain access and the circumstances of the failure to obtain such access. EPA may then take steps to provide such AROOOIOO Revere Chemical site 21 Docket No. HI-92-oi-oc access. Respondents shall reimburse the United states for all costs incurred in obtaining access which are not inconsistent with the NCP. 11.3 EPA and its employees, agents, contractors, consultants and other authorized and designated representatives shall have the authority to enter and freely move about the location where the response actions and/or work is being performed at all reasonable times for the purpose of, in£ic alia: inspecting Work, inspecting records, operating logs, and contracts related to the site; reviewing the progress of the Respondents in carrying out the terms of this Order; conducting such tests as EPA deems necessary; using a camera, sound recording or other documentary type equipment; and verifying the data submitted to EPA. by the Respondents. The Respondents shall permit such persons to inspect and copy all records, filee, photographs, documents, and other writings, including all sampling and monitoring data, in any way pertaining to the Work. 11.4 Notwithstanding any provision of this Order/ EPA retains all of its access and information-gathering authorities and rights under CERCLA and any other applicable statute or regulation.. • - * - » XII. ttMPVXTIOM OT KIOHTS

'12.1 Except as expressly provided in this Order, EPA reserves all rights, claims, interests«and.defenses it may otherwise have, and-nothing herein shall prevent EPA from•seeking legal or equitable relief to-enforce the terms of this Order, including the right to' seek injunctive relief and/or the imposition of • statutory penalties. . 12/2 As provided by this Order, EPA expressly reserves its.right to disapprove of Work performed by Respondents; to halt Work . being performed by Respondents if Respondents have not complied with an afmfoved RAP or this Order, or at any time EPA deems necessary j«-protect public health, welfare or the environment and to pesnacm such work; to request or require that Respondents perform iem\iuuse actions in addition to those required by this order. In the) event that EPA requires. Respondents, and Respondents decline, to correct and/or reperform work that has been disapproved by EPA and/or to perform response actions in addition to those required by this Order, EPA reserves the right to undertake such actions and seek reimbursement of the costs incurred, and/or to seek any other appropriate relief. In addition, EPA reserves the right to undertake removal and/or remedial actions at any time that such actions are appropriate under the NCP and to seek reimbursement for anyjcoatA incurred, and/or take any other action authorized bv 4a%& AROOOiOl Revere Chemical site . ',. 22 Docket No. III-92-oi-DC . • r> •• -...-" 12.3 EPA reserves the right to bring an action against the Respondents for recovery of all oversight and other response costs incurred by the United states related to this Order which are not reimbursed by the Respondents, as well as any other coats incurred by the United States In connection with response actions conducted pursuant to CERCLA at the Site. 12.4 This Order concerns certain response actions (Work described.in Section VIII, above) concerning the Site. Such response actions might not fully address all contamination at the Site. Subsequent response actions which may be deemed necessary by EPA are aot addressed by this Order. EPA reserves all rights including, without limitation, the right to institute legal action against Respondents and/or any other parties, in connection with the performance of any response actions not addressed by this Order. 12.5 EPA reserves the right to take enforcement actions, including actions for monetary penalties, for any violation of law, regulation, or of this Order. Failure to comply with this Order subjects Respondents to the assessment of civil penalties" of up -to $25,000 per day and/or punitive damages in an amount up to three times the amount of any costs incurred by the* United States as a result of such failure pursuant to Sections 106(b) and 107(c) of CERCLA, 42 U.S.C. $S 9606(b) and 9607(c). EPA may also undertake such other actions as it may deem necessary or appropriate for any purpose including, but not limited to, actions pursuant to Sections 104 and/or 106 of CERCLA, 42 U.S.C. $S 9604 and 9606. 12.6 Nothing in this order shall limit the authority of the On- Scene Coordinator as outlined in the NCP and CERCLA.

XIII. • ' '*" - ' • '.-'»• * 13.1 Nothing in this Order shall constitute or be construed as a release ffipmi any claim,' cause of action or demand in law or equity agmmet any person, firm, partnership, or corporation not bound by Ml* Order for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any hazardous substances, hazardous wastes, pollutants, or contaminants found at, taken to, or taken from the Site. 13.2 This Order does not constitute any decision on preauthorization of .funds under Section ill(a)(2) of CERCLA, 42 u.s.c. S 9«ll(a)(2). 13.3 Neither EPA nor the United States, by issuance of this Order, assumes any liability for any acts or omissions by HRQOOJ02 Revere Chemical site 23 Docket No. III-92-oi-D(? Respondents, or Respondents' employees, agents, contractors, or consultants engaged to carry out any action or activity pursuant to this Order, nor shall EPA or the United States be held as a party to any contract entered into by Respondents or by Respondents' employees, agents, contractors, or consultants engaged to carry out the requirements of this Order. 13.4 Nothing herein shall constitute or be construed as a satisfaction or release from liability of Respondents or any other person.

XIV.

14.1 All Work shall be undertaken in accordance with the requirements of all applicable local, State, and Federal laws and regulations, as required by the NCP.

XV. imCnVfr DATl Amp SOBfllQOtUT MODIFICATIOM is:i The effective date of this Order shall be five (5) days after it is signed by EPA. 15.2 This Order may be modified or amended by EPA. Such amendments shall be in writing and shall have as their effective date the date on which such amendments are signed by EPA. Modifications to the EPA-approved RAP and its implementation may. be made by the EPA Project coordinator. Such modifications shall be memorialized in writing by the Project Coordinator. > .is. 3 Any reports; plans, specifications, schedules, or other submissions required by this Order are, upon approval by EPA, incorporated into this Order.' Any non-compliance with such EPA- approved reports, plans, specifications, schedules, or other submissions shall be) considered non-compliance with the requirements of this Order. Determinations of non-compliance will be memte by EPA. * • 15.4 No Informal advice, guidance, suggestions or comments by EPA regarding reports, plans; specifications, schedules, or other submission* by the Respondents or the requirements of this Order will be construed as relieving the Respondents of its obligation to obtain formal approval when required by this Order, and to comply with the requirements of .this Order unless formally modified.

AROOOI03 Revere Chemical site 24 Docket No. III-92-01-DC XTI. LIABILITY OF TH1 UMTTKD flTATM

16.1 Neither the United States Government nor any agency thereof shall be liable for any injuries or damages to persons or property resulting from acts or omissions of Respondents, or of its employees, agents, servants, receivers, successors, or assigns, or of any persons, including, but not limited to firms, ' corporations, subsidiaries, contractors, or consultants, in carrying out the Work, nor shall the United states Government or any agency thereof be held out as a party to any contract entered into by Respondents in carrying out the Work. » xni. MULra* TO mro*iM9naKaat*]K* rynrrg • : . :-* *"*.'"' ••'• A • '• -' ." ...«•«. w ' . • . . . • 17.1 In the event of an inability or- anticipated inability on the part of Respondents to perform '-any -of- the actions or Work required by this Order in the time and manner required herein, the Respondents' Project Coordinator shall notify EPA orally . within twenty-four (24)* hours of such event (or,. if the event occurs on a Friday or Saturday, no Ister than feae, following . Monday) and in writing no later than- seven- (7)—ca-Iehdar .days . : ' . after Respondents become. aware of such delay or anticipated delay. Such written notification shall' be certified- by "a Responsible Official of Respondents or Respondents' Project Coordinator in accordance with Section XVZll^of this Order afnd shall describe fully the nature of the delay, including- how it. may affect the Work, RAP and schedule; the actions that will be or have been taken' to mitigate, prevent, and/or minimize further delay; and the timetable according to which future actions to mitigate, prevent and/or minimize the delay will be taken, "such notification shall not. relieve Respondents of any obligation of this Order. The Respondents shall adopt all' reasonable measures to avoid or minimize, such delay. .. a . " • « , •? 17.2 Failure by Respondents to carry out any requirement of this Order in ajopordance with the terms" and conditions specified herein ma^reeult in the unilateral performance of the required actions bKlPA pursuant to applicable authorities, an action to recover tflfele damages pursuant to CERCLA, and/or the initiation of an enforcement action against Respondents to require Respondents to perform such actions, in addition to any other relief that may be available to EPA pursuant to applicable law. 17.3 Nothing in this paragraph or any other provision of this Order shall be construed so" as to limit any powers EPA may have under CERCLA, the NCP, or any other law or regulation. Revere Chemical site 25 Docket No. III-92-oi-oc XVIII. CBtTIFICATIOy GW

18.1 (a) Unless otherwise required by the terms of this Order, any notice, report, certification, data presentation, or other document submitted by Respondents under or pursuant to this Order, which discusses, describes, demonstrates, or supports any finding or makes any representation concerning Respondents' compliance or non-compliance with any requirement(s) of this Order shall be certified by either a responsible official of the Respondents or by the Project Coordinator for the Respondents. The term "responsible official" means: (a) a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (b) the manager of one or more manufacturing facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $35 million (in 1987 dollars when the consumer price index was 345.3), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. The responsible official. of a partnership or sole proprietorship means the general partner or the proprietor; respectively.. _«x ; (b) The written report required by paragraph 8.11 of thisW order shall be certified by a responsible official of Respondents. 18.2 The certification required by paragraph 18.1 of this Order shall be in the following form: "Except as provided below, I certify that the information contained in or accompanying this (type of submission) is true, accurate, and complete. As to (the/those) portion(s) of this (type of submission) for. which I cannot personally verify (its/their) accuracy, : I certify under the penalty of lav that this (type of submission) and all attachments were prepared under my direction or supervision in accordance with a system to assure that qualified personnel properly and evaluate the information submitted. Based inquiry of the person or persons who manage the or those persons directly responsible for the information, the information submitted ,, to the best of my knowledge and belief, true, accurate, and complete. ' I am aware that'there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.* Signature: Name(print): Title:

flROOQJOS Revere Chemical site 26 Docket No. lll-92-oi-oc 18.3 Submission of documents pursuant to this Order which are found by EPA to contain false information shall constitute a failure to comply with this Order and shall subject Respondents to penalties whether or not a responsible official of Respondents or the Project Coordinator has certified the document. XIX.

19.1 Respondents shall, prior to any off-site shipment of hazardous substances from the Site to an out-of-state waste management facility, provide written notification to the appropriate state environmental official in the receiving state and to EPA's Project Coordinator of such shipment of hazardous substances. However,, the notification to EPA of shipments shall not apply to any such off-site shipments when the total volume of all such shipments will not exceed ten (10) cubic yards. Notifications to states in those circumstances shall be governed by applicable state law. . • 19.2 The notification required by paragraph 19.1 shall be in writing, and shall include the following information, where available: (1) the name and location of the facility to which the ha-zardous substances are to be shipped; (2) the type and quantity of the hazardous substances to be shipped; (3) the expected schedule for the shipment of the hazardous substances; and (4) the method of transportation of the hazardous substances. Respondents shall notify the receiving state'of major changes in the shipment plan, such as a decision to ship the hazardous substances to another facility within the same- state, or to a, facility in another state. " 19.3 The identity of the receiving facility and state will be determined by Respondents. Respondents shall provide all relevant information, including information under the categories noted in paragraph 19.2, above, on the off-site shipments, as 'soon as practicable, but no. later than twenty-four (24) hours • before the hazardous substances are actually shipped.

20.1 Respondents shall notify EPA's Project Coordinator within three (3) days after the effective date of this order of Respondents' intention to comply with the terms of this Order. Failure of Respondents to provide notification to EPA's Project coordinator of intsnt to comply within this time period shall be deemed a violation of this Order by Respondents.

AROOOI06 Revere Chemical site 27 Docket NO. III-92-01-DC*

stenographic record of such con?!^ ^u'bT^?.0"1^1 xxxz.

22.1 The Administrative Record upon which this Order is issued is available for review by Respondents' representatives at its request. Requests to review the Administrative Record shall be .Sectiosubmitten dIX t of th thie sEP OrderA Projec. t Coordinator designated pursuant to

XXZIZ. DlTIMTTIOMg ' " j

a • 23.1 "Business days" as used in this Order shall mean * ever• y *' day of the week except Saturdays, Sundays and federal holidays. 23.2 "Calendar Days* as used in this Order shall mean every day of the week, including Saturdays, Sundays and federal holidays. 23.3 "Work" as used in this Order shall mean all requirements of this Order, including any modifications hereto. . • fort23.4 h Alin l CERCLtermAs noandt thdefinee NCP.d .herei .. n shal<.l have .the meanings set •

AROOOI07 Revere Chemical site 28 Docket No. III-92-oi-DC

24.1 The Respondents' obligations to EPA under this Order shall terminate and be deemed satisfied upon the Respondents' receipt of written notice from EPA that the Respondents have demonstrated, to the satisfaction of EPA, that all the terms of this Order have been satisfactorily completed.

IT IS SO ORDERED.

BY:

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