THIS IS AN ACTION AGAINST THE FMC CORPORATION, NITRO FACILITY, UNDER THE CLEAN WATER ACT FOR PAST VIOLATIONS OF FMC'S NPDES PERMITS. THE GOVERNMENT IS SEEKING A PENALTY FOR PAST PERMIT VIOLATIONS. A SUBPEONA DUCES TECUM AND DEPOSITION SUBPEONA WERE FILED BY FMC ON ANTHONY MEADOWS, AN EPA ENGINEER ON JULY 19, 1988. IN RESPONSE, THE GOVERNMENT FILED A MOTION TO QUASH THE SUB- PEONA DUCES TECUM. A NEGOTIATION SESSION WAS HELD ON OCTOBER 3, 1988, AT WHICH TIME THE GOVERNMENT PROPOSED A SETTLEMENT FIGURE IN THE AMOUNT OF $350,000.00. FMC IS SCHEDULED TO RESPOND WITH A COUNTER OFFER ON OCTOBER 17, 1988.