NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Robert Kersey, President and Registered Agent

Rochester Metal Products Corporation

PO Box 2505

Muncie, IN 47307

Case No. 2000-9793-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Rochester Metal Products Corporation, which owns and operates a gray iron foundry located at 616 Indiana Avenue in Rochester, Fulton County, Indiana, was found in violation of the following environmental rule:

A. Pursuant to 326 IAC 2-2, any owner or operator of a major stationary prevention of significant deterioration ("PSD") source which makes a major PSD modification, resulting in a significant net emission increase of any pollutant regulated under the Clean Air Act, must apply for and obtain a PSD permit prior to commencing construction and operation. Rochester Metal Products Corporation underwent several modifications at this source without first applying for and obtaining PSD permits, violations of 326 IAC 2-2.

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 Lynne Sullivan at (317) 233-5521 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 8/6/03

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Doug Smith, Rochester Metal Products Corporation

Rochelle Marceillars, US EPA Region 5

Fulton County Health Department

Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

Richard Sekula, Office of Air Quality

Nisha Sizemore, Office of Air Quality

Duane Van Laningham, Office of Air Quality

Dave Cline, Office of Air Quality

OAQ Public File

Enforcement File

http://www.IN.gov/idem