1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. PHILLIPS 66 COMPANY STATE HIGHWAY SPUR 119N BORGER, HUTCHINSON COUNTY, TEXAS 79007 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 FROM THE FACILITY OF AMMONIA IN EXCESS OF THE RQ HAS OC- CURRED ON NOV. 30, 1995. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A CIVIL PENALTY OF 8,250.