On November 1, 2010, EPA Region 5 send Didion a Notice of Determination (NOD) for violations that were disclosed under EPA's Self-Disclosure Rules. The NOD stated that Didion violated CAA requirements. EPA also issueed NOV with the NOD.
Region 5 is not taking the further enforcement action because Wisconsin AG Office settled with Didion on April 1, 2010 with the approximately $1M Penalty. Region 5 will assess the latest compliance assessment with the Agreed Order with the Wisconsin Attorney General Office and would decide its next step. USEPA would close the matter if Didion complies with the terms of the AO and no further compliance isses from the Wisconsin Department of Natural Resources.