Via Certified Mail# Via Certified Mail#

To: Mr. Jairo Senise, President Corporation Service Company

Gruma Corporation d. b. a. Registered Agent for Gruma Corporation d. b. a.

Azteca Milling Co. Azteca Milling Co.

1159 Cottonwood Lane, Suite 200 251 East Ohio Street, Suite 500

Irving, TX 75038 Indianapolis, IN 46204

Case No. 2003-12779-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 26 and 27, 2002, Gruma Corporation d.b.a. Azteca Milling Co. ("Respondent"), which owns and operates Corn Receiving Pit C and Corn Screeners at its stationary wet corn milling facility, located at 15700 Highway 41 North in Evansville, Indiana 47711, Vanderburgh County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

Pursuant to 326 IAC 12, incorporating by reference 40 CFR 60.302 Subpart DD, no owner or operator of a grain elevator shall cause to be discharged into the atmosphere from any affected facility, except a grain dryer, any process emissions that contain PM in excess of 0.01 gr/dscf.

Pursuant to the Part 70 permit No. T163-7995-00107, issued on February 28, 2001, as amended by the significant permit modification No. SPM163-15980-00107, issued on October 22, 2002 ("Permit"), condition D.2.1(a), to comply with 326 IAC 12, incorporating by reference 40 CFR 60.302 Subpart DD, Respondent shall limit PM emissions from the corn screeners, exhausting through the baghouse, identified as B1, to 0.01 gr/dscf, which is equivalent to 0.26 lb/hr at the exhaust rate of 3,000 acfm.

During a stack test, conducted on August 26 and 27, 2002, average measured PM emissions from Respondent's Corn Receiving Pit C and Corn Screeners, exhausting through the baghouse, identified as B1, were 1.13 lb/hr, which is equivalent to 0.023 gr/dscf. These emissions constitute a violation of 326 IAC 12 and the Permit condition D.2.1.

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 Mr. Michael Stonik at (317) 233-0033 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 July 9, 2003

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Rochelle A. Marceillars, US EPA Region 5

Vanderburgh County Health Department

Office of Legal Counsel

Michael Stonik, Office of Enforcement

Steven Friend, Office of Air Quality

Scott Anslinger, Southwest Regional Office

Enforcement File

Public File

http://www.in.gov/idem/enforcement/