1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2601 ET SEQ. 2. SUNKYONG AMERICA, INC., A NEW YORK CORPORATION 16800 GREENSPOINT PARK DRIVE, SUITE 100N HOUSTON, HARRIS COUNTY, TEXAS 77060 3. RESPONDENT WAS IN VIOLATION OF THE REPORTING REQUIREMENTS OF SECTION 8(A) OF TSCA, THE TESTING REQUIREMENTS OF SEC- TION 4 OF TSCA, AND THE INVENTORY UPDATE REPORTING REGU- LATIONS, THE PRELIMINARY ASSESSMENT INFORMATION RULE AND THE TEST RULE OF SECTIONS 15(1)(A) AND 15(3)(B) OF TSCA. THE RESPONDENT WAS IN VIOLATION BY: COUNT I: FAILING TO SUBMIT 7 CHEMICAL SUBSTANCES IN THE 1994 INVENTORY UPDATE REPORT ($119,000); COUNT II: FAILING TO SUBMIT A PAIR RE- PORT FOR P-XYLENE ($34,189); AND COUNT III: FAILING TO SUBMIT A LETTER OF INTENT TO TEST ($25,000). 4. RELIEF SOUGHT PURSUANT TO SECTION 16(A) OF TSCA, EPA PRO- POSES A CIVIL PENALTY OF $178,189.