EPA v. A & A MANUFACTURING COMPANY NOTICE OF DETERMINATION

Case summary

Under D(4) of EPA’s April 11, 2000, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (Self-Disclosure Policy) Final Policy Statement (65 Fed. Reg. 19618), the discovery and disclosure must be independent of government or third-party plaintiff. Specifically, the regulated entity must discovers and discloses the potential violation to EPA prior to “(i) The commencement of a Federal, State or local agency inspection or investigation, or the issuance by such agency of an information request to the regulated entity…” Since A&A’s violations of the Clean Air Act were discovered after a Clean Air Act information request was issued to A&A by EPA, A&A cannot satisfy this condition of the Self-Disclosure Policy for any Clean Air Act violations at the above-listed facilities and does not qualify for the penalty reduction provided for in that Policy for any Clean Air Act violations at the above-listed facilities. RCRA has made a preliminary decision that A&A doesn't meet their self disclosure policy either. We are coordinating together to visit the Wisconsin facility in the next two weeks.

Defendants (1)

• A & A MANUFACTURING COMPANYNamed in settlement

Facilities (4)

• A & A MANUFACTURING COMPANY, INC.

  2425 SOUTH 162ND STREET, NEW BERLIN, WI, 53151

  Registry ID: 110005521907

• A & A MANUFACTURING COMPANY

  386 EAST STATE ROAD 2, VALPARASIO, IN, 46514

  Registry ID: 110006010574

• A & A MANUFACTURING COMPANY

  386 EAST STATE ROAD 2, VALPARASIO, IN, 46514

  Registry ID: 110006010574

• DYNATECT MANUFACTURING INC

  2300 S CALHOUN RD, NEW BERLIN, WI, 53151

  Registry ID: 110000742616

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• A & A MANUFACTURING COMPANY NOTICE OF DETERMINATIONentered 2008-07-09

  Primary law: CAA

Timeline (2 milestones)

• 2008-07-09Final Order Issued
• 2008-07-21Enforcement Action Data Entered