EPA v. AFFYMETRIX, INC., (FORMERLY ANATRACE INC.) (NOD)

Case summary

On June 19, 2009, Affymetrix, Inc. voluntarily disclosed violations of the Clean Air Act at its facility located at 434 West Dussel Drive, Maumee, Ohio. Specifically, Affymetrix disclosed that: (1) it had not obtained a Permit to Install from the Ohio Environmental Protection Agency for equipment and operations that emit methanol; (2) it had not applied for a Title V Operating Permit; (3) it constructed, modified or reconstructed a major source of methanol without installing maximum achievable control technology; and (4) it had not submitted Title V Fee Emission Reports. Affymetrix corrected its violations by obtaining a Permit to Install from Ohio EPA and applying for a Title V Operating Permit. The company also has installed controls that reduce methanol emissions to the maximum degree achievable and, according to the Toledo Department of Environmental Services, submitted Title V Fee Emission Reports for calendar years 2005 to 2011. This disclosure was made under the provisions of EPA’s final policy on “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations,” 65 Fed. Reg. 19617 (April 11, 2000) (the “Audit Policy”). EPA is also in receipt of Affymetrix’s letters dated August 19 and October 28, 2009, in support of Affymetrix’s June 19, 2009 self disclosure. Based upon the representations made in the correspondence referenced above and information from the Toledo Department of Environmental Services, EPA has determined that Affymetrix has met all nine conditions of the Audit Policy. As a result, EPA did not assess a penalty in this matter and now considers it closed. Disclosure of failure to timely report on methanol for calendar years 2005, 2006 and 2007

Defendants (1)

• AFFYMETRIX, INC., (FORMERLY ANATRACE INC.)Named in settlement

Facilities (1)

• ANATRACE PRODUCTS, LLC

  434 W DUSSEL DR, MAUMEE, OH, 43537

  Registry ID: 110004573033

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 112 — Hazardous Air Pollutants
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• AFFYMETRIX, INC., (FORMERLY ANATRACE INC.) (NOD)entered 2012-08-29

  Primary law: CAA

Timeline (2 milestones)

• 2012-08-29Final Order Issued
• 2012-09-20Enforcement Action Data Entered