NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Richard W. Stout, President and Registered Agent

Stoutco Inc.

One Stoutco Dr.

Bristol, IN 46507

Case No. 2002-12121-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Stoutco Inc., which owns and operates the painting and welding operation, located at One Stoutco Drive, in Bristol, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

• Pursuant to 326 IAC 8-2-9, sources or facilities which coat miscellaneous metal parts with actual volatile organic compound (VOC) emissions greater than 15 pounds per day may not cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 3.5 pounds per gallon of coating, excluding water, delivered to a coating applicator. This source exceeded the 15 pounds per day threshold, while using coatings with a VOC content in excess of 3.5 pounds per gallon of coating, a violation of 326 IAC 8-2-9.



• Pursuant to 326 IAC 2-1-1, any person currently operating any source, as defined in 326 IAC 1-2-73, that emits or has the potential to emit, in the aggregate, ten (10) tons per year of any hazardous air pollutant ("HAP") or twenty-five (25) tons per year of any combination of HAPs listed in Section 112(b) of the Clean Air Act shall request and complete a permit application provided by the Commissioner. This source meets the applicability requirements of this Rule, but failed to apply for and obtain an operating permit, a violation of 326 IAC 2-1-1(b)(G).



• Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule. A source can continue to operate without being in violation of this rule if it submits a timely and complete application. This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.
• Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program. For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule. This source failed to submit a timely Part 70 application, a violation of 326 IAC 2-7-4.



• Pursuant to 326 IAC 2-6-3, the owner or operator of any facility in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph or Vanderburgh County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NO_x) at levels greater than ten (10) tons per year annually shall submit an emission statement to the Commissioner by April 15 of the following year. This source failed to submit its emission statement for 1999 and 2000, and submitted its 2001 statement after April 15, 2002, violations of 326 IAC 2-6-3.

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 Matthew Stuckey at (317) 233-1134 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 June 3, 2003)

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Rochelle Marceillars, U. S. EPA Region 5

Elkhart County Health Department

Office of Legal Counsel

Matthew Stuckey, Office of Enforcement

Anthony Pelath, Office of Air Quality - NRO

Enforcement File

Public File

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