1. SECTION 109 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9609. 2. AIR LIQUIDE AMERICAN CORPORATION 1711 FM 523 FREEPORT, BRAZORIA COUNTY, TEXAS 77541 3. RESPONDENT WAS IN VIOLATION OF THE NOTIFICATION REQUIRE- MENT OF SECTION 103(A) OF CERCLA BY FAILING TO PROVIDE NOTICE IMMEDIATELY AFTER HAVING KNOWLEDGE THAT ARELEASE OF AMMONIA ABOVE THE RQ HAD OCCURRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 109 OF CERCLA, EPA PRO- POSED A CIVIL PENALTY OF $13,500 FOR THE VIOLATION CITED.