1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. SHELL CHEMICAL COMPANY 15536 RIVER ROAD NORCO, SAINT CHARLES PARISH, LOUISIANA 70079 3. RESPONDENT WAS IN VIOLATION OF SECTION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY OF THE RELEASE OVER THE RQ OF NITROGEN DIOXIDE ON JUL. 5, 1997. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSES A CIVI PENALTY OF $18,150 FOR THE VIOLATION CITED.