1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615. 2. MCKINNEY SMELTING, INC. 300 NORTH MCDONALD MCKINNEY, COLLIN COUNTY, TEXAS 75070 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(1)(C) OF TSCA BY DISPOSING OF PCBS AT CONCENTRATIONS OF 50 PPM OR GREATER AT THE FACILITY BY A MEANS OTHER THAN INCINERA- TION OR DISPOSAL IN AN AUTHORIZED CHEMICAL WASTE LAND- FILL. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A CIVIL PENALTY OF $472,500.