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

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 A