1. SECTION 14(A) OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, AS AMENDED ( FIFRA ), 7 U.S.C. SECTION 1361(A). 2. PUBLIC SVC. CO. OF NEW MEXICO, A COOPERATIVE ASSOCIATION COUNTY ROAD 6800 WATERFLOW, SAN JUAN COUNTY, NEW MEXICO 87421 3. RESPONDENT WAS IN VIOLATION OF SECTION 7(C) OF FIFRA BY FAILING TO FILE ITS ANNUAL PESTICIDE PRODUCTION REPORT FOR CALENDAR YEAR 1998, BY MAR. 1, 1999, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 14(A) OF FIFRA, EPA PROPOSED A CIVIL PENALTY OF $5,500 FOR THE VIOLATION CITED.