Via Certified Mail# Via Certified Mail#

To: Jon R. Odom, President Jon R. Odom, Registered Agent

Productivity Fabricators, Inc. Productivity Fabricators, Inc.

9204 Black Road 2332 Flatley Road

Centerville, Indiana 47330 Richmond, Indiana 47374

Case No. 2003-12875-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on May 20, 2002, Productivity Fabricators, Inc., ("Respondent") who owns and operates a plant that manufactures steel structures and billboards located at 2332 Flatley Road, in Richmond, Wayne County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 2-8-3(h) and permit condition B.17 of Federally Enforceable State Operation Permit (FESOP) F 177-8957-00080, for the purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source's existing permit. The FESOP for this source expired on February 20, 2003, however a FESOP renewal application has not been submitted. This application needed to be submitted less than nine (9) months prior to the expiration of the sources's existing permit, a violation of 326 IAC 2-8-3(h) and permit condition B.17 of FESOP F 177-8957-00080.

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 Amy L. Moreland at (317) 233-8428 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 6/9/03

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Wayne County Health Department

Office of Legal Counsel

Amy L. Moreland, Office of Enforcement

Karthika Thurairajah, Office of Air Quality/Policy & Guidance

Enforcement File

Public File