NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Bruce Cowgill, President C T, Registered Agent

Saint-Gobain Containers, Inc. Saint-Gobain Containers, Inc.

604 South Pinehurst 365 South Pennsylvania

Yorktown, Indiana 47396 Indianapolis, Indiana 46204

Case No. 2001-10867-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), a records review indicated that Saint-Gobain Containers, Inc., located at 524 East Center Street, in Dunkirk, Jay County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 12, which adopts by reference 40 CFR 60.293, the owner or operator of an affected facility that is subject to emission limits specified under 40 CFR 60.293(b), shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the affected facility.

1. The quarterly opacity monitor reports for the second operating quarter of 2001 indicate that the continuous opacity monitors ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 7.04% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

2. The quarterly opacity monitor reports for the third operating quarter of 2001 indicate that the continuous opacity monitors ("COMs") for the glass melting furnace designated as No. 1, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 5.34% of the operating quarter at glass melting furnace No. 1, violations of 326 IAC 12.

3. The quarterly opacity monitor reports for the third operating quarter of 2001 indicate that the continuous opacity monitors ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 4.71% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

4. The quarterly opacity monitor reports for the fourth operating quarter of 2001 indicate that the continuous opacity monitors ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 10.23% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

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 Mrs. Amy L. Moreland at (317) 232-8428 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 5/6/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affair

cc: OAQ Public File

Enforcement File

Jay County Health Department

Mrs. Amy L. Moreland, Office of Enforcement

Ms. Karen Nowak, Compliance Data Section

Mr. Jay Rodia, Office of Legal Counsel

Mr. Dave Rice, Air Compliance Inspector