THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE AUTHORITY VESTED IN THE ADMINISTRATOR OF THE U.S. EPA BY SECTION 122(H)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMENSATION, AND LIABILITY ACTI OF 1980 (CERCLA). THIS AGREEMENT IS MADE AND ENTERED INTO BY U.S. EPA AND HEIDTMAN STEEL PRODUCTS, INC.; MARATHON PETROLEUM COMPANY LLC.; AND PERMA-FIX ENVIRONMENTAL SERVICES, INC. (SETTLING PARTIES). EACH SETTLING PARTY CONSENTS TO AND WILL NOT CONTEST U.S. EPA'S AUTHORITY TO ENTER INTO THIS AGREEMENT OR TO IMPLEMENT OR ENFORCE ITS TERMS. THE SETTLING PARTIES ARE REPOSNSIBLE PARTIES AND ARE JOINTLY AND SEVERALLY LIABLE FOR REPSONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE.