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

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