1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. EXXON CHEMICAL COMPANY'S BAYTOWN OLEFINS PLANT 3525 DECKER DRIVE BAYTOWN, HARRIS COUNTY, TEXAS 77522 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENTS OF SECTION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY AFTER HAVING KNOWLEDGE THAT THE RELEASE OF NITROGEN DIOXIDE, OVER THE RQ, FROM THE FACILITY HAD OCCURRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSED A CIVIL PENALTY OF $20,000 FOR THE VIOLATION CITED.