THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLI- ABLE: 1. CLEAN AIR ACT SECTION 110, 113, 160-169; 2. CODE OF FEDERAL REGULATION: 40 CFR SECTION 52.21(A) -(W); SECTION 2303; 3. CLEAN AIR ACT STATE IMPLEMENTATION PLAN FOR TEXAS THE VIOLATIONS UPON WHICH THE ACTION IS BASED: BEGINNING CONSTRUCTION OR MODIFICATION OF A MAJOR STATIONARY SOURCE WITHOUT RECEIVING A PERMIT FROM THE ADMINISTRATOR AS REQUIRED UNDER THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY REGULATIONS, PROMULGATED PURSUANT TO SECTION 165 OF THE CLEAN AIR ACT, AT 40 CFR SECTION 52.21(B)-(W) AND INCORPORATED AS PART OF THE TEXAS CLEAN AIR ACT STATE IMPLEMENTATION PLAN BY CFR SECTION 2303. THE PROPOSED RELIEF TO BE SOUGHT IS THE RECOVERY OF A CIVIL PENALTY OF BETWEEN $331,241.00 AND $26,000,000.00 DOLLARS. INJUNCTIVE RELIEF WOULD BE AGAINST FURTHER PLANT EXPANSION OR MODIFICATION IN VIOLATION OF THE CLEAN AIR ACT. THE PROPOSED PENALTY AMOUNT TO BE SOUGHT AT SETTLEMENT IS AT LEAST $331,241.00. CONTEMPORANEOUS CONTACTS WITH THE DEFENDANTS INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTION TAKEN, AND NEGOTIATIONA, IF ANY: