DNR GCACS Fax:S1 7335-6815 Jul 16 2007 10:29 Pp Bol Berratr- Harber Hare Connee UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 DIRIZDZS 71 W. JACKSON BOULEVARD DR (CHICAGO, ILLINOIS 60604-3590 Gm Fit + flew Reply tothe Attention OF = SRO yg Tespouse: Necessovy. tot Pune ey ‘Aiteraft Components Inc. (D&L Sales) Superfund Benton Charter Township, Berrien County, Michigan Dear Addresses: “The purpose ofthis lester is to notify you, as an identified Natural Resource Trustee, that tbo 1.8 Fiatrorpoontal Proteetion Agency (EPA) has initiated discussions pursuant to Sostion 122 of CERCA, 42 TAS.G § 9622, forthe purpese of megotiaing a soidement agreement under a copsent decree that would require among other igs, DL Sales ine. to conduct a supplemental remedial action to resolve is Tablity uader CERCLA with zespect to the Aircraft Components Ine. (ACT) Site in Benton Charter Township, Berrien County, Michigan. In addition, vader this settlement agreement, the US, ‘Department of Dotonse: Defense Reutilization Marketing Services, (DOD) will be agresing to a settlement amount 1 pene fs lability with zespect to the Site. The ACI property js located at 671 North Shore Drive in Benton Groner Township, Berrian County, Harbor, Michigan, and consists of approximately 17 acres of Jan adjacent to the Paw Paw River. Le « July 5, 2007 fre sere xe Dae 3 | ‘Steven E, Chester, Director Michael Cox, Attorney General | Michigan Department of Environmental Quality Michigan Department of Attormey General | P.O. Box 30473 P.O. Box 30212 ‘Lansing, Mi 48909-7973 ‘Lansing, M1 48909 Rebecca A. Humphries, Director Michael Leffler, Bureau Chief Michigan Department of Nature} Resources ‘Consumer and Environmental Frotection Michigan P.O. Box 30028 ‘Departwent of Attomey General Lansing, MI 48009 P.O, Box 30212 ‘Lansing, MI 48909 Michasl Chezik Todd Goeks, CRC Office of Environmental Policy and Compliance National Oceanic and Atmospheric Administration U,S. Department of the Interior ‘TT W. Jackson Blvd. 200 Chestnut Street, Room 244 Chicago, IL 60604 Philadelphia, PA 19106-2904 Rez Supplemental Remedial Action and Cost Recovery NegouationsTAR GCACS Fax iS17-335-6813 Jul 16 2007 10:48 P.03 BACKGROUND Cleanup at the Site has addressed both adivm.-226 contaminstion and contamination of groundwater Solatile organic eomponnds (VOCS). A total of approximately $19 million in Superfund funds has beso Spent thas tne on cleanup and monitoring, and the State of Michigan has contibuled its share of 10 percent of the costs for remedial action, The State is ‘scheduled to take over Site operation and maintenance (O&M) iv 2014. Jn May 2006, Harbor Shores Community Redevelopment, Inc. (HSCRI), the parent of D&L Sales, Ine, approsched BPA with a proposal to redevelop the ACI site as part of a Brownfields initiative bsing Jed by « Gensontium of public and private parties, including the Cities of St. Joseph and Benton Harbor, Benton Charter Township, Berrien County, Whirlpool Fondation, Comesstons Alliance, anc AMiance for World Class Communities, To allow the ACI site to be redeveloped and minimize the possibility of future dlismyptions due to cleanup work, HISCRI offered to have D&L Sales, Inc. perform a cupplementel remedial ction at the Site, HISCRI is a nou-proft organization formed by Whirlpool Foundation, Comerstone ‘Aillance, and Alliance for World-Class Comrannities, among others. NEGOTIATION STATUS Since October 2006, EPA and HSCRI have been in discussions regarding the supplemental work. BPA ‘zs finalizing the details of the agreement in August 2007, In addition to the supplemental remedial action proposed to be performed by D&L Sales, In,, the setlement agreement also is expected to Include & settlement payment from DOD to resolve its potential liability related to the cleanup of the radium-226 ‘contamination. If a settlement is reached between EPA, D&L Sales and DOD, the agreement will be embodied in a consent decree expected to be entered in ‘September 2007, If you have questions about past cleanup work and the planned supplemental remedial action, please contact mma at (312) 886-4758, For questions about the negotiations or the settlement, please contact Diana Embil, ‘Associate Rogional Counsel, at (B12) 886-7889, Si a sincerely, a Waer-S ‘Mary Tierney Remedial Proj fanager_ ce: Diana Embil, U.S. BPA Paul Bucholtz, MDEQ RECEIVED JUL 0 9 2007 DIRECTOR'S OFFICE, NATURAL RESOURCES