THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III (EPA) HAD IDENTIFIED A CERCLA SITE AT WHICH IT MAY HAVE A CLAIM IN CONNECTION WITH INTERMET. THIS CLAIM INVOLVES A SITE AT WHICH INTERMET SENT OILY MAGNEISUM SCRAPS AND TURNINGS, THE REMACOR SITE, LOCATED IN WEST PITTSBURGH, LAWRENCE COUNTY, PENNSYLVANIA. EPA SEEKS OT RECOVER RESPONSE COSTS FROM INTERMET THAT EPA HAS INCURRED AND WILL INCUR IN CONNECTION WITH THE RESPONSE ACTION EPA HAS AND WILL UNDERTAKE TO RESPOND TO THE RELEASE AND/OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES, INCLUDING MAGNESIUM, AT THE REMACOR SITE.
IN ADDITION, AMONG THE DEBTORS LISTED IN THE FILING IS LYNCHBURG FOUNDRY, LLC, WHICH IS A SUBSIDIARY OF INTERMET AND THE DEBTOR-IN POSSESSION OF THE ARCHER CREEK FOUNDRY ( ACF ) LOCATED AT 1132 MT. ATHOS ROAD IN LYCHBURG, CAMPBELL COUNTY, VA. LYNCHBURG FOUNDRY, LLC IS ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE. EPA HAS IDENTIFIED A CLAIM FOR A CIVIL MONETARY PENALTY FOR ALLEGED VIOLATIONS AT THE ACF OF THE POLYCHLORINATED BIPHENYLS (PCBS) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS (HEREINAFTER, THE PCB REGULATIONS ), 40 C.F.R. PART 761, PROMULGATED PURSUANT TO SECTION 6(E) OF THE TOXIC SUBSTANCES CONROL ACT ( TSCA ), 15 U.S.C. SECTION 2605(e).
FINALLY, EPA HAS IDENTIFIED TWO RCRA FACILITIES AT WHICH IT MAY HAVE A CLAIM IN CONNECTION WITH INTERMET. THIS CLAIM INVOLVES TWO FACILITIES AT WHICH INTERMET IS A PARTY TO A CONSENT ORDER ISSUED PURSUANT TO SECTION 3