1. SECTION 122(H)(1) OF THGE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SECTION 6922(H)(1). 2. NATIONAL ZINC SUPERFUND SITE NEAR INTERSECTION OF U.S. HIGHWAY 60 AND OKLAHOMA ROUTE 123 BARTLESVILLE, WASHINGTON COUNTY, OKLAHOMA 74003 3. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES AT OR FROM THE SITE, EPA UNDERTOOK RE- SPONSE ACTIONS AT THE SITE. IN PERFORMING THIS RESPONSE ACTION, EPA INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT SETTLING PARTIES AND SET- TLING FEDERAL AGENCIES ARE RESPONSIBLE PARTIES AND ARE JOINTLY AND SEVERALLY LIABLE FOR RESPONSE COSTS INCURRED AT OR IN CONNECTION WITH THE SITE. THE SETTLING PARTIES ALLEGE THAT THE SETTLING FEDERAL AGENCIES ARE LIABLE IN CONTRIBUTION FOR RESPONSE COSTS INCURRED OR TO BE INCUR- RED BY THE SETTLING PARTIES AT THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 112(H)(1) OF CERCLA, EPA AND CYPRUS AMAX MINERALS CO., ST. JOE MINERALS CORP. NOW KNOWN AS THE DOE RUN RESOURCES CORP., HORSEHEAD IN- DUSTRIES, INC. D/B/A ZINC CORP. OF AMERICA, SALOMON SMITH BARNEY HOLDINGS, INC. ( SETTLING PARTIES ); AND THE U.S. DEPARTMENTS OF JUSTICE, AND STATE, AND THE U.S. GENERAL SERVICES ADMINISTRATION ( SETTLIN