NOTICE OF VIOLATION

Via Certified Mail# ___________________

To: Anthony Gregory, President and Registered Agent

Switzerland Hills, Inc.

2300 Highway 250

Patriot, IN 47038

Case No. 2000-9679-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Swiss Caps, a division of Switzerland Hills, Inc., located 2300 Highway 250, in Patriot, Switzerland County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

• Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. Several facilities located at this fiberglass truck cap and vehicle accessory manufacturing plant were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.



• Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. Several facilities located at this fiberglass truck cap and vehicle accessory manufacturing plant were operated prior to first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.



• Pursuant to 326 IAC 2-2, any stationary source with potential PSD emissions of two hundred fifty (250) tons per year or more of any air pollutant subject to regulation under the Clean Air Act must apply for and obtain a PSD permit prior to construction and commencing operation. Respondent constructed and commenced operation of a fiberglass truck cap and vehicle accessory manufacturing plant which emits or has the potential to emit two hundred fifty tons per year or more individually of one or more regulated pollutant without first applying for and obtaining a PSD permit, a violation of 326 IAC 2-2.

• Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit application. This fiberglass truck cap and vehicle accessory manufacturing plant continued to operate following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.



• Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application. This fiberglass truck cap and vehicle accessory manufacturing plant's Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.

• Pursuant to 326 IAC 8-1-6, new facilities (as of January 1, 1980), which have potential emissions of 22.7 megagrams (25 tons) or more per year, located anywhere in the state, which are not otherwise regulated by other provisions of this article (326 IAC 8), shall reduce VOC emissions using best available control technology (BACT). Based on a review of records submitted by Swiss Caps, VOC emissions from this fiberglass truck cap and vehicle accessory manufacturing plant, which exceed 25 tons per year, were not controlled through the use of the best available control technology, a violation of 326 IAC 8-1-6.

• Pursuant to 326 IAC 2-5.1-3(a), prior to commencing constuction of any emissions unit which has potential emissions of twenty-five (25) tons or more per year of any of the regulated pollutants specified in section (E) of this Rule shall apply for and obtain a construction permit. Several emission units were contructed at this fiberglass truck cap and vehicle accessory manufacturing plant without first applying for and obtaining a construction permit, a violation of 326 IAC 2-5.1-3(a).



• Pursuant to 326 IAC 2-5.1-3(i), a source may not operate any air pollutant emitting source or emissions unit prior to receiving a validation letter issued by the commissioner. Several emissions units located at this fiberglass truck cap and vehicle accessory manufacturing plant were operated prior to receiving a validation letter from the commissioner, a violation of 326 IAC 2-5.1-3(i).

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.