1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTION 2601 ET SEQ., ( TSCA ). 2. ELF ATOCHEM NORTH AMERICA, INC. 18000 CROSBY EASTGATE ROAD CROSBY, TEXAS 77532 3. RESPONDENT WAS IN VIOLATION OF SECTION 8(A) AND 15(3)(B) OF TSCA BY FAILING TO SUBMIT A FORM U FOR CHEMICAL A AND B, AND SECTION 5(A)(1), 15(1)(B) AND 15(3)(B) OF TSCA BY FAILING TO SUBMIT A PREMANUFACTURE NOTICE TO EPA FOR CHEMICAL C AT LEAST 90 DAYS BEFORE RESPONDENT MANUFAC- TURED CHEMICAL C FOR COMMERCIAL PURPOSES. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A CIVIL PENALTY OF $34,000 FOR COUNT 1 OF THE COM- PLAINT AND $85,000 FOR THE SECOND COUNT. THE TOTAL PRO- POSED PENALTY IS $119,000. 5. THE COMPLAINT CONTAINS CONFIDENTIAL BUSINESS INFORMATION ( CBI ).