1. SECTION 104(E) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON- SE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SEC. 9604(E). 2. TEXAS DEPARTMENT OF TRANSPORTATION COUNTY OF DALLAS RSR CORP. SUPERFUND SITE OU NO. 3 DALLAS, TEXAS 3. REGION 6 ON JAN. 26, 1995 ISSUED AN ADMINISTRATIVE ORDER FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA TO GAIN ACCESS TO PROPERTY LOCATED AT OPERABLE UNIT NO. 3 ( OU ) OF THE RSR CORP. SUPERFUND SITE ( RSR SITE ) LOCATED IN DALLAS, TEXAS. IMMEDIATE ACCESS IS NEEDED IN ORDER TO CONDUCT A REMEDIAL INVESTIGATION AT OU NO. 3. EPA ISSUED THE AO TO THE TX. DEPT. OF TRANSPORTATION AND THE COUNTY OF DALLAS AND PROVIDED EACH RESPONDENT FIVE DAYS FROM RECEIPT OF THE AO TO NOTIFY THE REGION WHETHER IT INTENDED TO COMPLY. ON FEB. 2, 1995 THE COUNTY OF DAL- LAS NOTIFIED REGION 6 TO THE EXTENT IT HAS AOTHORITY, IT INTENDS TO COMPLY WITH THE AO. HOWEVER, ON FEB. 7, 1995, AFTER BEING GRANTED A TWO DAY EXTENSION TO RESPOND BY EPA TXDOT NOTIFIED THE REGION THAT IT WOULD NOT COMPLY WITH THE AO AND WOULD INSTEAD SEEK APPROPRIATE RELIEF IN THE FEDERAL COURT SOMETIME LATER THIS WEEK. 4. RELIEF SOUGHT PURSUANT TO SECTION