1. SECTION 325(C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11045(C). 2. NCI BUILDING SYSTEMS, L.P., A TEXAS LIMITED PARTNERSHIP MESCO METAL BUILDINGS DIVISION 400 N. KIMBALL SOUTHLAKE, TARRANT COUNTY, TEXAS 76092 3. RESPONDENT WAS IN VIOLATION OF SECTION 313(A) OF EPCRA BY 1) FALURE TO REPORT FOR MANGANESE FOR CALENDAR YEAR 1995, 2) FAILURE TO REPORT FOR CHROMIUM FOR CALENDAR YEAR 1995, AND 3) FAILURE TO REPORT FOR NICKEL FOR CALENDAR YEAR 1995. 4. RELIEF SOUGHT PURSUANT TO SECTION 325(C) OF EPCRA, EPA PROPOSES A CIVIL PENALTY OF $33,934.