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NOTICE OF VIOLATION

    
Via Certified Mail# _______________        Via Certified Mail#_______________

To:    Mr. Arthur Connelly, Managing Director    CT Corporation, Registered Agent
    Valeo, Inc.                    Valeo, Inc.
    4100 N. Atlantic Blvd.            One N. Capitol Ave.
    Auburn Hills, MI 48326            Indianapolis, IN 46204
            

Cause No. A-4549

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on October 28, 1996, Valeo, Inc. Engine Cooling Automotive Division, located at 1100 E Barachel Lane in Greensburg, Indiana, was in violation of the following environmental rules:

    A. Pursuant to 326 IAC 1-5 all sources that have the potential to emit at least one hundred (100) tons per year of any pollutant, shall submit an Emergency Reduction Plan (ERP) to IDEM. As of March 19, 1999, Valeo, Inc. had not submitted its ERP to IDEM.

    B. 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. A facility located at this source, the mechanical radiator line, EU-53 , was constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.

    C. 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. This facility [noted in paragraph B above] began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.

    D. Pursuant to 326 IAC 2-6-3, the owner or operator of any facility with the potential to emit carbon monoxide (CO), volatile organic compounds (VOCs), oxides of nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) into the ambient air at levels equal to or greater than one hundred (100) tons per year to annually submit an emission statement to the Commissioner by July 1 of the following year. This facility/source failed to submit your emission statement for 1996 by July 1, 1997, and 1997 by July 1, 1998, violations of 326 IAC 2- 6-3.     


    E. Pursuant to 326 IAC 8-1-6, new facilities (as of January 1, 1980) which have potential emissions of at least 25 tons per year, shall reduce VOC emissions using Best Available Control Technology (BACT). The mechanical radiator line, EU-53 did not undergo BACT analysis prior to its construction, a violation of 326 IAC 8-1-6.

    F. Pursuant to 326 IAC 20-6-1, a source operating a vapor or cold solvent cleaning machine that uses applicable halogented Hazardous Air Pollutants (HAPs), shall comply with 40 CFR 63 Subpart T, the National Emission Standards for Halogenated Solvent Cleaning. The source operated a vapor degreaser, EU-51, out of compliance with 326 IAC 20-6-1.

    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 Lynne Donahue at 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 10/12/99
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement


cc:    Joshua Sherbin, North American Corporate Counsel
    Mark Rynearson, Valeo, Inc.
    Iris Wilhoit, Valeo, Inc.
    Decatur County Health Department
    Aaron Schmoll, Office of Legal Counsel
    Lynne Donahue, Office of Enforcement
    Warren Greiling, Office of Air Management
    Holly Stockrahm, Office of Air Management
    Enforcement File
    OAM Public File
    http://www.ai.org/idem/
    
    
    

Converted by Andrew Scriven