PREREFERRAL REQUESTS THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107 122 OF CERCLA. THE SUBJECT OF THIS ACTION IS A FORMER PESTICIDE FORMULATION FACILITY OPERATED BY THE FARM MACHINERY CORP (FMC) IN YAKIMA, WA WHICH IS ON THE NATIONAL PRIORITIES LIST. FMC CONTINUOUSLY OPERATED THE FACILITY FORMULATING A WIDE VARIETY OF PESTICIDE DUSTS FROM 1951 TO 1986 UNDER SUCCESSIVELY RENEWED LEASES FROM PREDECESSOR AND SUBSIDIARY CORPORATIONS OF THE UNION PACIFIC CORP. LIQUID FORMULARY OPERATIONS BEGAN IN A SEPARATE ON-SITE BUILDING IN THE EARLY 1970'S, AND ELGETOL WAS FORMULATED FROM 1980 TO 1986 IN ANOTHER SEPARATE ON-SITE BUILDING. AGRICULTURAL SPRAY OILS WERE ALSO FORMULATED AT THE FACILTIY. NOTWITHSTANDING THAT AT LEAST ONE UNION PACIFIC CORPORATE ENTITY MENTIONED ABOVE IS CLEARLY A PRP PURSUANT EITHER TO SECTION 107A OF CERCLA AS THE CURRENT OWNER OF THE FACILITY, OR AS PAST OWNER AT THE TIME HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE FACILITY. FMC HAS BEEN TREATED BY EPA AS THE SOLE RESPONSIBLE PARTY TO DATE BECAUSE IT EXCLUSIVELY CAUSED THE CONDITIONS REQUIRING REMEDIATION, AND IS FINANCIALLY ABLE TO PERFORM ALL REQUIRED REMEDIATION. FMC HAS NEVER CONTESTED BEING TREATED AS THE ONLY RESPONSIBLE PARTY, AND HAS NOT INDICATED ANY INTENTION TO DENY LIABILITY OR ATTEMPT TO IDENTIFY OTHER PRP'S.