EPA v. PERRY FOAM PRODUCTS, INC. (SB) NOTICE OF DETERMINATION

Case summary

In May 1, 2008, and June 25, 2008, letters to the United States Environmental Protection Agency (EPA), Perry Foam Products, Inc. (Perry Foam) voluntarily disclosed that the Perry Foam facility in Lafayette, Indiana may have violated the applicable provision at 40 C.F.R. § 63.11416(c)(1) of the National Emission Standards for Hazardous Air Pollutants for Flexible Foam Production and Fabrication Areas Sources (40 C.F.R. Part 63, Subpart OOOOOO). Specifically, both the May 1, 2008, and June 25, 2008, letters voluntarily disclosed that Perry Foam failed to stop using methylene chloride as a cleaning agent for the equipment associated with its molded flexible polyurethane foam process. The disclosure was made pursuant to the EPA policy, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations,” referred to as the “Audit Policy” (see 65 Fed. Reg. 19618, 2000). In its June 25, 2008, letter, Perry Foam certified that the Lafayette facility does not use any equipment cleaner containing methylene chloride in its molded flexible polyurethane foam process, as required by 40 C.F.R. § 63.11416(c)(1). Perry Foam also certified that on June 24, 2008, all methylene chloride was removed from the Lafayette facility, and the purchasing system will be modified to prevent future purchases. Perry Foam will spend approximately $3,600 to modify the foam machines to accept alternate cleaning agents. In an August 1, 2008, Notice of Determination letter to Perry Foam, EPA stated that based on the information provided in the documents listed above, Perry Foam’s self-disclosure comports with the nine criteria in EPA’s Audit Policy. EPA also determined that the economic benefit derived from Perry Foam in committing the disclosed violation was minimal and that the full waiver of gravity-based penalty is acceptable. Therefore, EPA does not intend to pursue additional actions to resolve this self-disclosed violation at this time.

Defendants (1)

• PERRY FORM PRODUCTS, INC.Named in settlement

Facilities (1)

• PERRY CHEMICAL & MANUFACTURING COMPANY

  2335 S 30TH ST, LAFAYETTE, IN, 47909

  Registry ID: 110000493895

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• PERRY FOAM PRODUCTS, INC. NOTICE OF DETERMINATIONentered 2008-08-01

  Primary law: CAA

Timeline (3 milestones)

• 2008-08-01Final Order Issued
• 2008-08-07Enforcement Action Data Entered
• 2008-08-12Enforcement Action Closed