A & A MANUFACTURING COMPANY NOTICE OF DETERMINATION

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.