1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. DIAMOND SHAMROCK REFINING COMPANY, L.P. P.O. BOX 490 THREE RIVERS, LIVE OAK COUNTY, TEXAS 78071 3. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC- TION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY AFTER HAVING KNOWLEDGE THAT A RELEASE OF TOLUENE IN EXCESS OF THE RQ HAD OCCURRED ON JAN. 10, 1996. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A CIVIL PENALTY OF $16,500.