1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIAIBILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9609. 2. E.I. DU PONT DE NEMOURS AND COMPANY P.O. BOX 2626 VICTORIA, VICTORIA COUNTY, TEXAS 77902 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENTS OF SECTION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE TO THE NRC IMMEDIATELY AFTER HAVING KNOWLEDGE THAT A RELEASE OF NITRIC ACID, ABOVE THE RQ, FROM THE FACILITY HAD OCCURRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSED A CIVIL PENALTY OF $20,000 FOR THE VIOLATION CITED.