DEC 2 2 1994
Richard G. Leland, Esq.
Rosenman & Colin
575 Madison Avenue
New York, NY 10022-2585
Re: Comments on Draft RI - Tutu Superfund Site
Dear Mr. Leland:
EPA has reviewed your letter dated November 15, 1994. In general,
we understand the main purpose of this letter was to suggest to EPA
that this Draft RI "should not be accepted by EPA as a basis for
naming some PRP sites as sources of contaminants and eliminating
others." 
Specifically, you presented information regarding the
Curriculum Center, the Texaco Tutu Service Center, the Ramsay
Motors Site, the Esso Tutu Service Station and the Western Auto
Site. 
Your submission will be included in the official
Administrative Record for this Site.
Be assured that EPA has reviewed the information you submitted as
well as the contents of the Draft RI and all other information
which relates to possible releases of hazardous substances from the
facilities mentioned in your letter as well as other facilities in
the area. EPA does not view the Draft RI as providing sufficient
information to eliminate any of these facilities or any other
previously designated potentially responsible party ("PRP") at the
Tutu Site from the list of PRPs who have received Notice Letters
from EPA. Likewise, the information presented in the Draft RI is
not the sole basis for including your clients as PRPs at this Site.
Although the Draft RI attempts to indicate which facilities have
"impacted" soil and which have an "impact" to groundwater, EPA
retains and will exercise its independent authority for determining
the proper cleanup levels at each facility at the Site, including
the Center.
In addition, the criteria established in the Draft RI for
determining which facilities have had or are having an "impact" on
the Tutu Superfund Site do not parallel nor in any way supersede or
replace the basis for liability established by Section 107 of
CERCLA or any other provision of that or another applicable
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statute. EPA will apply all available information and evidence in
this case to the standard of liability provided for in the statute
when assigning liability for the contamination, remediation, and
reimbursement of federal funds spent at this Site.
Thank you for your input into this process and we welcome all
additional information which relates to the history of this Site.
Sincerely yours,
Caroline Kwan
Project Manager
New York/Caribbean Superfund Branch II
cc: Tim Knutson (for distribution to all PRPs)
Andrew Praschak, CFO
Sally Odland,CDM
John McBurney, De Maximis
TUT O06