This CAFO resolves violations at MENA's facility located in Addison, Illinois. The alleged violations were self disclosed by MENA in an August 5, 2010 letter. In its self disclosure, MENA stated that it had sold approximately 805 CI engines for model years 2007 to 2009 for dual use nonroad/stationary applications and 20 engines for model year 2010 that it had not certified for stationary use and had not labeled for stationary use as required by the Standards of Performance for Stationary Compression Ignition Internal Combustion Engines at 40 C.F.R. Part 60, Subpart IIII. MENA stated that there was no environmental harm as a result of these violations since it had certified the engines as meeting the emission standards in 40 C.F.R. Part 89 for non road CI engines and labeled the engines as prescribed by 40 C.F.R. Part 89. Since the emission standards under 40 C.F.R. Part 60, Subpart IIII are the same as the emission standards in 40 C.F.R. Part 89, the engines fully conform to the emission standards of 40 C.F.R. Part 60, Subpart IIII.
EPAÂs Policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and prevention of Violations (April 11, 2000) commonly referred to as the ÂAudit Policy requires a regulated entity to meet all nine conditions in the Audit Policy in order for EPA to decline to seek (or to reduce) gravity-based civil penalties under the Audit Policy. If the regulated entity meets all of the conditions except for systematic discovery, EP