THIS REFERRALCONCERNS AN ANHYDROUS AMMONIA RELEASE ON 7/28/96. THE DENVER FIRE DEPARTMENT RESPONDED AND FOUND A LEAK AT THE PLANT. EPA ISSUED A CERCLA 104E INFORMATION REQUEST ON 11/26/96. ON 2/20/97, EPA SENT A SECOND CERCLA 104E INFORMATION RE- QUEST LETTER. THE PURPOSE OF THIS WAS TO PROVIDE THE DE- FENDANT WITH AN OPPORTUNITY TO EXPLAIN ITS PRIOR INCONSIS- TENTSTATEMENTS REGARDING THE AMOUNT OF AMMONIA RELEASES ON 7/28/96. THE DEFENDANT'S RESPONSE TO THE SECOND CERCLA 104E REQUEST FOR INFORMATION WAS WOEFULLY INADEQUATE AND EVASIVE. THE DEFENDANT'S CONDUCT REQUIRES A RESPONSE BY THE U.S. IT IS CRUCIAL THAT EPA MAINTAIN ITS ABILITY TO OBTAIN ESSEN- TIAL INFORMATION FROM REGULATED ENTITIES BY ISSUING THE RE- 104E REQUESTS FOR INFORMATION. DEFENDANT'S CONDUCT HAS BEEN UNREASONABLE IN NOT COMPLYING WITH THE REQUEST. EPA PROPOSES A CIVIL PENALTY OF $20,000.