NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Dennis Hiller, President CT Corporation, Registered Agent

Guide Corporation for Guide Corporation

600 Corporation Dr. 36 S. Pennsylvania St., Ste. 700

Pendleton, IN 46064 Indianapolis, IN 46204

Case No. 2002-11614-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on May 31, 2002, Guide Corporation, 1316 Alexandria Pike, Anderson, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.342 (f)(3)(i)(E), the owner or operator of an effected source shall prepare and have available for inspection an operation and maintenance plan which "shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions. During the inspection of your records it was determined that the operation and maintenance plan failed to include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions, a violation of 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.342 (f)(3)(i)(E).

B. Pursuant to 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.343 (c)(5)(ii)(A), the surface tension of the electroplating or anodizing bath shall be measured during operation of the tank with a stalagmometer or a tensiometer as specified in Method 306B, appendix A of that part. During the inspection of your records it was determined that the surface tension of the electroplating or anodizing bath was measured weekly during operation of the tank with a stalagmometer or a tensiometer as specified in Method 306B, appendix A of that part, while the tank was not operating, violations of 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.343 (c)(5)(ii)(A).

C. Pursuant to 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.346(b)(8), the owner or operator of an affected source subject to the provisions of subpart N shall maintain records of monitoring data required by 40 C.F.R. § 343(c) that are used to demonstrate compliance with the standard including the date and time the data are collected. During the inspection of your records it was observed that the records of monitoring data required by 40 C.F.R. § 343(c) that are used to demonstrate compliance with the standard including the date and time the data are collected failed to include the time the data are collected, a violation of 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.346(b)(8).

D. Pursuant to 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.346 (b)(13), the owner or operator of an affected source subject to the provisions of subpart N using fume suppressants shall maintain a record of the dates and times that fume suppressants are added to the electroplating or anodizing bath. During the inspection of your records it was observed that the times that fume suppressants were added to the electroplating or anodizing bath were not recorded, a violation of 326 IAC 20-8-1, which incorporates by reference 40 C.F.R. § 63.346 (b)(11).

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 Eric Larsen at (317) 233-1133 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:

Date: _______________ Signed on 03/17/03

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

cc: Bill Dorff, Anderson Office of Air Management

Madison County Health Department

Dave Rice, Office of Air Quality

Office of Legal Counsel

Eric Larsen, Office of Enforcement

Lynne Sullivan, Office of Enforcement