Milsco Manufacturing Company (Milsco) manufactures seats for construction, marine, commercial, and residential vehicles at 9009 North 51st Street, Milwaukee, Wisconsin. In a letter dated November 16, 2009, pursuant to the U.S. Environmental Protection Agency policy, Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations (the Audit Policy), counsel for Milsco disclosed to EPA that Milsco sold products containing hydrochlorofluorocarbon-141b (HCFC-141b) after January 1, 1994. Per Section 610(d)(1)(B) of the Clean Air Act (the Act), 42 U.S.C. § 7671i(d)(1)(B), and the implementing regulations at 40 C.F.R. Part 82, Subpart C, Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured with Class II Substances, effective January 1, 1994, no person shall sell or distribute, or offer for sale or distribution, in interstate commerce and plastic foam product which contains, or is manufactured with, a class II substance. HCFC-141b is a class II substance under Section 602(b) of the Act, 42 U.S.C. § 7671a(b), and 40 C.F.R. Part 82, Subpart A, Appendix B.
EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). Based on the November 16, 2009 letter and Milsco's March 1, 2010 response to an information request, EPA determined that Milsco met all of the conditions of the Audit Policy except systematic discovery of violations