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