NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Arnold Cly C.T. Corporation System, Registered Agent

Celotex Corporation for Celotex Corporation

1400 W. Main Street 36 South Pennsylvania Avenue

Lagro, IN 46941 Suite 700

Indianapolis, IN 46204

Case No. 2001-10414-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on October 11, 2000, Celotex Corporation, located at 1400 W. Main Street, in Lagro, Indiana was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 5-1-2(1)(A), visible emissions from a source or facility located in an attainment area for particulate matter shall not exceed an average of forty percent (40%) opacity in twenty-four (24) consecutive readings. This source's visible emissions from the cupola averaged over forty percent opacity in twenty-four consecutive readings during six (6) separate incidents. These six incidents violated 326 IAC 5-1-2(1)(A).

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

To discuss this matter further, please contact J. Brian Eaton at (317) 233-6338 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Signed on June 21, 2001

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Wabash County Health Department

Vaughn Ison, Office of Air Quality

Ryan Hillman, Office of Air Quality

Enforcement File

OAM Public File

http://www.ai.org/idem/