1. SECTION 104(E)(5) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 42 U.S. C. SEC. 9604(E)(5). 2. TEXAS DEPARTMENT OF TRANSPORTATION COUNTY OF TEXAS RSR CORPORATION SUPERFUND SITE NO. 3 DALLAS, TEXAS 3. ON JAN. 6, 1995, REGION 6 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 TXDOT 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 DALLAS NOTIFIED REGION 6 TO THE EXTENT IT HAS AUTHORITY, 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 IN- STEAD SEK APPROPRIATE RELIEF IN THE FEDERAL COURT SOME- TIME LATER THIS WEEK. 4. RELIEF SOUGHT PURSUANT TO SECTION