THE SETTLING PARTY IS THE OWNER OF THE POTOMAC YARD REMOVAL SITE, WHICH IS A FORMER RAILROAD MAINTENANCE AND SWITCHING YARD. PURSUANT TO A CERCLA ADMINISTRATIVE ORDER BY CONSENT, THE PREDECESSOR OF THE SETTLING PARTY CONDUCTED AN EXTENT OF CONTAMINATION STUDY AND RISK ASSESSMENT AT THE SITE. SUBSEQUENTLY, PURSUANT TO AN ADMINISTRATIVE ORDER BY CONSENT FOR REMOVAL RESPONSE ACTION, THE SETTLING PARTY CONDUCTED REMOVAL RESPONSE ACTIONS APPROVED BY EPA. EPA SENT A DEMAND LETTER TO THE SETTLING PARTY FOR RECOVERY OF PAST RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE. EPA IS NOW ENTERNG INTO A CERCLA SECTION 122(h)(1) AGREEMENT FOR RECOVERY OF PAST RESPONSE COSTS TO RESOLVE EPA'S DEMAND. UNDER THE AGREEMENT, THE SETTLING PARTY WILL PAY $19,619.02 OF EPA'S UNREIMBURSED PAST RESPONSE COSTS TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND.