1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2601 ET SEQ. 2. NCT U.S.A., INC., A DELAWARE CORPORATION 5 POST OAK PARK, SUITE 1220 HOUSTON, HARRIS COUNTY, TEXAS 77027 3. RESPONDENT WAS IN VIOLATION OF SECTION 4, 15(1)(A), AND 15(3)(B) OF TSCA BY FAILURE TO SUBMIT A LETTER OF INTENT TO TEST. 4. RELIEF SOUGHT PURSUANT TO SECTION 16(A) OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF $25,000 FOR THE VIOLATION CITED.