THIS IS A REFERRAL UNDER SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9607, FOR RECOUPMENT OF NO LESS THAN $585,712.26 SPENT ON RESPONSE ACTIONS UNDERTAKEN IN CONNECTION WITH THE MID-ATLANTIC WOOD PRSERVERS SUPERFUND SITE LOCATED IN HARMAN, ANNE ARUNDEL COUNTY, MARYLAND ( SITE ). EPA ADDITIONALLY SEEKS A DECLARATORY JUDGMENT UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. SECTION 9613(G)(2), AND 28 U.S.C. SECTION 2201 FOR LIABILITY FOR COSTS INCURRED AT THE SITE AND NOT IDENTIFIED BY EPA IN ITS MOST RECENT COST REPORT. BETWEEN APPROXIMATELY 1974 AND 1994, FORT MCHENRY LUMBER COMPANY D/B/A MID-ATLANTIC WOOD PRESERVERS, INC. ( FORT MCHENRY ) OPERATED A WOOD TREATMENT FACILITY AT THE SITE. OPERATIONS LED TO THE CONTAMINATION OF SOILS WITH CHROMATED COPPER ARSENATE, THE TREATMENT COMPOUND USED AT THE FACILITY MCHENRY COMPLETED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY UNDER AN AGREEMENT WITH EPA IN JULY 1990. EPA ISSUED A RECORD OF DECISION IN DECEMBER 1990 CALLING FOR, AMONG OTHER THINGS, EXCAVATION, STABILIZATION, AND OFF-SITE DISPOSAL OF CERTAIN CONTAMINATED SOILS; CAPPING OF CERTAIN CONTAMINATED SOILS; AND CONSTRUCTION OF AN ENLARGED DRIP PAD FOR DRYING TREATED WOOD. EPA ORDER FORT MCHENRY TO IMPLEMENT THE SELECT REMEDIAL ACTION IN DECEMBER 1991. FORT MCHEN