1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. EXXON COMPANY, U.S.A. 2800 DECKER DRIVE BAYTOWN, TEXAS 77522-3950 3. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC- TION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE IMMED- IATELY TO THE NRC AFTER A RELEASE OF 45 POUNDS OF NITRO- GEN OXIDE ON DEC. 10, 1995. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A PENALTY OF $8,250.