NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Gary L. Thoe, President CSC, Registered Agent for

Waupaca Foundry, Inc. Waupaca Foundry, Inc.

311 Tower Road 251 East Ohio Street

Waupaca, WI 54981 Indianapolis, IN 46204

Case No. 2000-9237-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 21, 2000, Waupaca Foundry, Inc. ("Waupaca"), located at 9856 State Highway 66, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to Operation Permit No. 123-8451-00019, condition No. D.5.1(a), particulate matter ("PM") emissions from stack SO7 shall be limited to 0.005 grains per dry standard cubic foot (gr/dscf). During compliance testing conducted on September 23, 1999, PM emissions measured 0.00845 gr/dscf, a violation of Operation Permit No. 123-8451-00019, condition No. D.5.1(a).

• Pursuant to Operation Permit No. 123-8451-00019, condition No. D.5.2, lead emissions from stack SO7 shall be limited to 0.0019 pounds per hour. During compliance testing conducted on September 23, 1999, lead emissions measured 0.00252 pounds per hour, a violation of Operation Permit No. 123-8451-00019, condition No. D.5.2.



• Pursuant to Operation Permit No. 123-8451-00019, condition No. C.15 section 3, total volatile organic compound ("VOC") emissions from stack SO1 shall be limited to 47.0 pounds per hour. During compliance testing conducted on September 21, 1999, total VOC emissions measured 57.7 pounds per hour, a violation of Operation Permit No. 123-8451-00019, condition No. C.15 section 3.

• Pursuant to Operation Permit No. 123-8451-00019, condition No. C.15 section 3, total volatile organic compound ("VOC") emissions from stack SO1 shall be limited to 47.0 pounds per hour. During compliance testing conducted on September 5, 2001, total VOC emissions measured 51.5 pounds per hour, a violation of Operation Permit No. 123-8451-00019, condition No. C.15 section 3.

• Pursuant to Operation Permit No. 123-8451-00019, condition No. D.4.12(a), each recuperative incinerator shall be operating at all times when its associated cupola is in operation and the permittee shall continuously monitor the temperature of each recuperative incinerator. The recuperative incinerator shall maintain a minimum operating temperature of 1400 degrees Fahrenheit. Temperature logs maintained by Waupaca indicate that during the period between June 2000 and October 2001, the recuperative incinerator associated with the Phase I cupola and the recuperative incinerator associated with the Phase II cupola each failed to consistently maintain the minimum operating temperature of 1400 degrees Fahrenheit, violations of Operation Permit No. 123-8451-00019, condition No. D.4.12(a).



• Pursuant to Operation Permit No. 123-8451-00019, condition No. D.2.7(b), the packed bed scrubber shall be operated at all times when the coremaking process is in operation, and the permittee shall continuously monitor the flow rate of the scrubbing liquid. During an inspection conducted on March 21, 2001, the inspector determine that Waupaca was not monitoring the flow rate of the scrubbing liquid, a violation of Operation Permit No. 123-8451-00019, condition No. D.2.7(b).



• Pursuant to Operation Permit No. 123-8451-00019, condition No. D.4.4, sulfur dioxide emissions from the Phase I and Phase II cupolas, stack SO9A and SO9B respectively, shall not exceed 0.22 pounds per ton of iron. The quarterly continuous emission monitor reports submitted by Waupaca for the first, second, third, and fourth quarters of calendar year 2001, indicate SO2 emissions during each of these quarters exceeded 0.22 pounds per ton of iron, violations of Operation Permit No. 123-8451-00019, condition No. D.4.4.

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 May 6, 2002)

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, U. S. EPA Region 5

Perry County Health Department

Steve Friend, Office of Air Quality

Nisha Sizemore, Office of Air Quality

Scott Anslinger, Office of Air Quality - SWRO

Matthew Stuckey, Office of Enforcement

Enforcement File

Public File

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