1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9609. 2. BAYER CORPORATION 8500 WEST BAY ROAD BAYTOWN, HARRIS COUNTY, TEXAS 77520 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENTS OF CERCLA 103(A) BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY AFTER THE RELEASE OF AMMONIA OVER THE RQ FROM THE FACILITY ON JUL 7, 1997. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A CIVIL PENALTY OF $27,500.