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<br /> <br />Please submit your answers within thirty (30) days of receipt of this letter to: <br />Attention: Barbara Conklin, 8ENF-T <br />U.S. Environmental Protection Agency, Region VIII <br />999 18th Street, Suite 300 <br />Denver, CO 80202-2466 <br />Although the information requested must be submitted to the EPA, you are entitled to <br />assert a business confidentiality claim pursuant to the regulations set forth in 40 C.F.R. § 2.208. If <br />EPA determines the information you have designated meets the criteria in 40 C.F.R. § 2.208, the <br />information will be disclosed only to the extent and by means of the procedures specified in <br />Subpart B. Unless a confidentiality claim is asserted at the time the requested information is <br />submitted, EPA may make the information available to the public without further notice to you. <br />Section 309 of the Act, 33 U.S.C. § 1319, provides for administrative and civil penalties <br />of up to $27,500 per day of violation for failure to comply with this Request for Information. <br />Please be further advised that the submission of false, fictitious or fraudulent statements or <br />representations may subject you to criminal penalties under 18 U.S.C. § 1001. <br />This Request for Information is exempt from the approval requirements of the Paperwork <br />Reduction Act of 1980, 44 U.S.C. § 3501 et seg. In addition, EPA has agreed to notify small <br />businesses of their right to comment on regulatory enforcement activities at the time of an Agency <br />enforcement activity pursuant to the Small Business Regulatory Enforcement and Fairness Act <br />(5BREFA). 5BREFA does not eliminate your responsibility to comply with the Act or respond <br />to this Request for Information, nor does it create any new rights or defenses under law. A <br />SBREFA information sheet containing further information on compliance assistance resources and <br />tools available to small businesses is enclosed with this letter. (See Enclosure 3.) <br />If you have any technical questions concerning this investigation or other matters related <br />to this Request for Information, please refer them to Ms. Barbara Conklin of my staff at (303) <br />312-6407. If you have any questions about legal issues, please contact Mr. Marc Weiner, <br />Enforcement Attorney, Legal Enforcement Program, at (303) 312-6913. <br />Thank you for your cooperation in this matter. <br />Sincerely, <br />~~~ l' <br />Diane L. Sipe, Director <br />Technical Enforcement Program <br />Office of Enforcement, Compliance <br />and Environmental Justice <br />