THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS ARE CLEAN AIR ACT SEC. 110; 113; 160-169; CODE OF FEDERAL REGULATIONS 40 CFR SEC. 52.21(A)-(W); 52.2303; CLEAN AIR ACT STATE IMPLEMENTATION PLAN FOR TEXAS. COMMENCING CONSTRUCTION OR MODIFICATION OF A MAJOR STATION- ARY SOURCE WITHOUT RECEIVING A PERMIT FROM THE ADMINISTRATOR AS REQUIRED UNDER THE PSD REGULATIONS, PROMULGATED PURSUANT TO SECTION 165 OF THE CLEAN AIR ACT, AT 40 CFR SEC. 52.21(B) -(W) AND INCORPORATED AS PART OF THE TEXAS CLEAN AIR ACT STATE IMPLEMENTATION PLAN BY 40 CFR SEC. 2303. THE PROPOSED RELIEF TO BE SOUGHT IS THE RECOVERY OF A CIVIL PENALTY OF $106,000. INJUNCTIVE RELIEF WOULD BE AGAINST FURTHER PLANT EXPANSION OR MODIFICATION IN VIOLATION OF THE CLEAN AIR ACT. THE PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT IS $106,000.