1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SEC. 9609. 2. REXENE CORPORATION 2400 SOUTH GRANDVIEW AVENUE ODESSA, TEXAS 79766 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENT OF CERCLA 103(A) BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY AFTER THE RELEASE OF 496 LBS. OF BENEZE ON SEPT. 28, 1993. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A PENALTY OF $18,750.00.