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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VII901 NORTH 5TH STREET

KANSAS CITY, KANSAS 66101

CERTIFIED MATT. _RETURN RECEIPT REQUESTED

Raytheon Aircraft Companyc/o Alice Leslie Rawlins, Esq.585/B919709 East CentralWichita, Kansas 67206

Dear Ms. Rawlins:

This letter notifies Raytheon Aircraft Company ("Raytheon") of its potential liability, asdefined by Section 107(a) of the Comprehensive Environmental Response, Compensation, andLiability Act, 42 U.S.C. § 9607(a), as amended ("CERCLA"), with respect to the Tri-CountyPublic Airport site located in Morris County, Kansas (the "Site")- This letter also notifiesRaytheon of forthcoming removal activities at the Site which it is being asked to perform.

NOTICE OF POTENTIAL LIABILITY

The United States Environmental Protection Agency ("EPA") has documented the releaseor threatened release of hazardous substances at the Site. EPA has spent, and is consideringspending additional public funds on actions to investigate and control such releases or threatenedreleases at the Site. Unless EPA reaches an agreement pursuant to which a potentiallyresponsible party ('TRP") or parties will properly perform or finance such actions, EPA mayperform these actions pursuant to Section 104 of CERCLA.

Pursuant to Section 106(a) and 107(a) of CERCLA, 42 U.S.C. §§ 9606(a) and 9607(a),PRPs may be obligated to implement response actions deemed necessary by EPA to protecthealth, welfare or the environment, and may be liable for all costs incurred by the government inresponding to any release or threatened release at the Site. Such actions and costs may include,

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but are not limited to, expenditures for investigations, planning, response, oversight, andenforcement activities. In addition, PRPs may be liable for damages to natural resources. EPAmay issue an administrative order pursuant to Section 106(a) of CERCLA to require PRPs tocommence cleanup activities. Failure to comply with an administrative order issued underSection 106(a) of CERCLA may result in a fine of up to $27,500 per day, pursuant to Section106(b) of CERCLA, or imposition of treble damages, pursuant to Section 107(c)(3).

EPA has evaluated information in connection with the investigation of the Site. Basedon this information, EPA believes that Raytheon may be a PRP with respect to the Site. PRPsunder CERCLA include current and former owners arid operators of a site as well as persons whoarranged for disposal or treatment of hazardous substances sent to a site, or persons -who acceptedhazardous substances for transport to a site. By this letter, EPA notifies Raytheon of its potentialliability with regard to this matter and encourages Raytheon to voluntarily perform or financethose response activities that EPA determines are necessary at the Site.

In accordance with CERCLA and other authorities, EPA already has undertaken certainactions and incurred certain costs in response to conditions at the Site. These response actionsinclude the provision of bottled water and whole-house filtration to residences affected bygroundwater contamination emanating from the Site as well as the performance of an expanded

. site investigation/remedial investigation. EPA may expend additional funds for responseactivities at the Site under the authority of CERCLA and other laws.

DRAFT ADMINISTRATIVE ORDER

A copy of EPA's draft administrative order on consent ("AOC") which provides forwhole-house water filtration for those residences affected by contamination from the Site isenclosed for your review. All work conducted by PRPs must be conducted according to a signedAOC and an EPA-approved work plan.

DECISION NOT TO USE SPECIAL NOTICE

Pursuant to Section 122(e) of CERCLA, EPA has the discretionary authority to invokespecial notice procedures to formally negotiate the terms of an agreement between EPA andPRPs to conduct or finance response activities. Use of these special notice procedures triggers amoratorium on certain EPA activities while formal negotiations between EPA and PRPs areconducted.

In this case, EPA has decided not to invoke the Section 122(e) special notice procedures.It is EPA's policy not to use the special notice procedures .for removals unless there is a 6-monthplanning lead time after the decision to respond and prior to the initiation of the action. Since theplanning lead time prior to the initiation of this response action is less than 6 months, special

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notice procedures will not be used. Nonetheless, EPA is willing to discuss settlementopportunities without invoking a moratorium, but will initiate the response action if suchdiscussions do not expeditiously lead to settlement.

INFORMATION TO ASSIST POTENTIALLY RESPONSIBLE PARTIES

EPA would like to encourage good faith negotiations between the PRPs and EPA, andamong the PRPs. To assist the PRPs in preparing a proposal and in negotiating with EPAconcerning this matter, EPA is providing the following list of names and addresses of PRPs towhom this notification is being sent. This list represents EPA's preliminary findings on theidentities of PRPs. Inclusion on, or exclusion from, the list does not constitute a finaldetermination by EPA concerning the liability of any party for the release or threat of release ofhazardous substances at the site.

The City of Herington, Kansasc/o Matt Benoit, City Manager17 North BroadwayHerington, Kansas 67449

Raytheon^ircraft .Company . _ __ _c/o Alice Leslie Rawlins, Esq.585/B919709 East CentralWichita, Kansas 67206

The United States Department of Defensec/o Emmett C. Wade, Esq.U.S. Army Corps of Engineers601 East 12th StreetRoom 601Kansas City, Missouri 64106-2896

ADMINISTRATIVE RECORD

Pursuant to Section 113(k) of CERCLA, EPA must establish an administrative recordwhich contains the documents which form the basis of EPA's decision on the selection of aresponse action for a site. The administrative record files, which contain the documents relatedto the response action selected for this Site, are available to the public for inspection andcomment at EPA's Regional Office located at the letterhead address, and at the Herington PublicLibrary, 102 South Broadway, Herington, Kansas.

PRP RESPONSE AND EPA CONTACT

Raytheon is encouraged to contact EPA within ten (10) days of its receipt of this NoticeLetter to indicate its willingness to participate in negotiations with regard to the enclosed AOC.

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EPA will provide the parties with a forty-five (45) day period to negotiate a final AOC. If EPAdoes not receive a response within this period, EPA will assume that Raytheon does not wish tonegotiate a resolution of its liabilities in connection with the response, and that it has declinedany involvement in performing this response action.

The factual and legal discussions contained herein are intended solely for notification andinformation purposes. They are not intended to be and cannot be relied upon as final EPApositions on any matter set forth herein. Raytheon's response to this notice letter should be sentto:

David A. HoeferOffice of Regional Counsel

U.S. Environmental Protection Agency901 North 5th Street

Kansas City, Kansas 66101

If you have any questions pertaining to this matter, please contact Mr. Hoefer at theaddress listed above, or by calling 913-551-7503.

... Sincerely,

MichaeJ^T. SandersonDirector, Superfund Division

Enclosure

cc: "Christopher J. Dunsky, Esq.

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SENDER: COMPLETE THIS SECTION

Complete items 1, 2, and 3. Also completeitem 4 if Restricted Delivery is desired.Print your name and address on the reverseso that we can return the card to you.Attach this card to the back of the mailpiece,or on the front if space permits.

COMPLETE THIS SECTION ON DELIVERY

1. Article Addressed to:

Raytheon AJrcraft Company

c/o Alice Leslie Rawlins, Esq.

585/B91

9709 East Central

Wichita, KS 67206

2. Article Number, Z 187 595 040

A. Received by (Please Print Clearly) B. Date of Delivt

AgentAddress

D. Is deliIf YES, enter delivery address below:

YesD No

3. Service TypeD Certified MailD RegisteredD Insured Mail

D Express MailO Return Receipt for Merchandn C.O.D.

4. Restricted Delivery? (Extra Fee) D Yes

PS Form 3811 .July 1999 Domestic Return Receipt 102595-99-M-17

E07-10003408

UNITED STATES POSTAL SERVICE First-Class MailPostage..* Fees PaidDSPSPermit No. G-10

• Sender: Please print your name, .address, and ZIP+4 in this box •

US Environmental ProtectionAgency Region.'VII901 N. 5th StreetKansas City, KS 66101

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