1. STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION ARE: SECTION 112 AND 113 OF THE CLEAN AIR ACT, U.S.C. SECTIONS 7412 AND 7413, THE NATIONAL EMISSIONS STANDARDS FOR HAZ- ARDOUS AIR POLLUTANTS, SUBPART R - NATIONAL EMISSION STANDARDS FOR RADON EMISSIONS FROM PHOSPHOGYPSUM STACKS, 40 C.F.R. SEC. 51.200-205. 2. NAME AND LOCATION OF INTENDED DEFENDANT: OZARK-MAHONING COMPANY AN ELF ATOCHEM NORTH AMERICAN SUBSIDIARY 5101 WEST 21ST STREET TULSA, OK. 74107-2230 3. VIOLATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION: THE DEFENDANT IS IN VIOLATION OF SECTION 112 OF THE CLEAN AIR ACT AND THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) PROMULGATED THEREUNDER. IN PAR- TICULAR, THE DEFENDANT VIOLATED THE FOLLOWING NESHAP REG- ULATIONS: A. 40 C.F.R. SEC. 61.203(A), FAILED TO TEST STACKS FOR RADON EMISSIONS WITHIN TIME SPECIFIED. B. 40 C.F.R. SEC. 61.203(B), FAILED TO REPORT RESULTS TO EPA WITHIN TIME SPECIFIED. 4. PROPOSED RELIEF TO BE SOUGHT: CIVIL PENALTIES FOR OZARK'S FAILURE TO COMPLY WITH SEC- TION 112 OF THE CLEAN AIR ACT AND