The United States Environmental Protection Agency, Region IX (EPA), and H.K. Construction Corp. (the Respondent ) agree to settle this matter and consent to the entry of this Consent Agreement and Final Order (CAFO). This CAFO simultaneously initiates and concludes this proceeding in accordance with 40 C.F.R. Sections 22.13(b) and 22.18(b). This is a civil administrative penalty action brought against Respondent pursuant to Section 16(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. Section 2615(a), for violation of Section 409 of TSCA,15 U.S.C. Section 2689, by failing to comply with Sections 402 and 406 TSCA, 15 U.S.C. Sections 2682 and 2686, and their implementing federal regulations promulgated at 40 C.F.R. Part 745, Subpart E.