1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9609. 2. THE DOW CHEMICAL COMPANY 2301 NORTH BRAZOSPORT FREEPORT, BRAZORIA COUNTY, TEXAS 77541 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENTS OF SECTION 103(A) OF CERCLA BY FAILING TO NOTIFY THE NRC IMMEDIATELY OF A RELEASE OVER THE RQ OF METHYL CHLORIDE. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A CIVIL PENALTY OF $16,500.