PREPARED AND SENT AN EXPEDITED CIVIL REFERRAL TO DOJ TO OBTAIN REPRESENTATION IN PROCEEDING FOR DECLARATORY RELIEF IN THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PA. PLAINTIFF IN THE BANKRUPTCY ACTION IS SUNBEAM CORP., WHICH IS A PRP AT THE I.J. STEPHENS FARM SITE IN REGION VII. REGION VII REQUESTS THAT DOJ FILE A COUNTERCLAIM FOR DECLARATORY JUDGMENT IN THIS BANKRUPTCY MATTER TO DETERMINE THAT THE ISSUANCE OF A UAO PURSUANT TO SECTION 106 OF CERCLA WOULD NOT BE A VIOLATION OF THE INJUNCTIVE PROVISION SET FORTH IN SECTION 1141(D) OF THE BANKRUPTCY CODE, 11 U.S.C. SECTION 101 ET SEQ. SUNBEAM ORIGINALLY FILED AS A DEBTOR IN A CHAPT. 11 BANKRUPTCY PROCEEDING ON FEBRUARY 20, 1988. THE PLAN CONFIRMATION ORDER WAS ISSUED BY THE COURT ON JULY 12, 1990. ON MAY 27, 1994, SUNBEAM FILED A COMPLAINT FOR DECLARATORY RELIEF. BY ITS PLEADING, SUNBEAM SEEKS A DECLARATION THAT EPA AND MDNR HAD CLAIMS UNDER CERCLA AGAINST SUNBEAM IN CONNECTION WITH THE I.J. STEPHENS FARM SITE, AND THAT THESE CLAIMS WERE DISCHARGED IN SUNBEAM'S PRIOR CHAPT. 11 BANKRUPTCY PROCEEDING. EPA IS NAMED AS A DEFENDANT IN THE COMPLAINT, AND THUS MUST FILE ANY CLAIMS IT HAS, AS WELL AS RESPOND TO THE COMPLAINT. EPA WOULD LIKE TO ISSUE A UAO REQUIRING SUNBEAM TO CONDUCT REMOVAL ACTIVITIES. ALTERNATIVELY, EPA MAY CONDUCT FUND LEAD REMOVAL ACTION TO ADDRESS THE CONTAMINATION AT THE SITE. THIS BANKRUPTCY MATTER IS THE ONLY REASON EPA HAS NO