Larry Shively, Vice President Shelly Materials, Inc. 80 Park Drive, P.O. Box 266 Thornville, OH 43076 May 26, 2004 Dear Larry Shively: Citizens for Clean Air and Ohio Citizen Action are writing to inquire about the recent changes at your Westerville plant. At a public meeting on April 8, 2004, Shelly representatives expressed concerns about the pollution problems and agreed to participate in an open good-neighbor process that would involve the neighbors of the plant and other interested parties. As part of this open process, the company was going to provide information needed for a back and forth discussion and expressed commitment to identifying and making changes at the plant to reduce the pollution affecting the neighbors and workers. Per our discussion at the April 8th meeting, we still have not received Material Safety Data Sheets, nor did we receive information regarding any process changes at the plant since 2001. This information was originally going to be provided to us by Katherine Beach, Environmental Specialist, in 30 days after the meeting. Besides the above-mentioned information, we are still waiting for the following: Information about a newly installed vapor recovery system - What kind of vapor recovery system is it? How does it work? How much did Shelly invest in the improvements so far? Shelly Materials, Inc. installed a new piece of burner equipment prior to the April 26, 2004 start-up date. What is new about this equipment and how is it supposed to work to eliminate odors and air pollution? What other control equipment is Shelly Materials, Inc. currently considering in other areas of the plant such as load-out racks to eliminate odors and pollution problems? We appreciate Shelly Materials taking initial steps to address the pollution problems. Unfortunately, the community has not noticed a difference in the odor. The only change has been that the Shelly plant does not seem to be operating as often. Citizens for Clean Air and Ohio Citizen Action believe that Shelly Materials has a chance to be an environmentally responsible leader in the asphalt industry and a neighbor-friendly plant. We recommend the following to Shelly Materials: Steps to significantly reduce air pollution to our neighborhoods Ensure waste oil is burned properly at the right temperature Eliminate noxious odors (burn low sulfur fuels, erect a loading-out tunnel to capture the blue smoke emissions, install a wet scrubber) Eliminate dust (use bottom loader and install a sprinkler system above storage piles) Eliminate noise from equipment (install a silent burner enclosure) Follow ozone alert criteria and cease operations on ozone alert days Stack testing for hydrogen sulfide, metals, volatile organic compounds, and PAHs to ensure the community is not exposed to these chemicals. We look forward to your comments and on-going dialogue between your company and your Westerville neighbors. Sincerely, Bobbi Jo Hoak Citizens for Clean Air 161 Daleview Drive Westerville, OH 43081 Simona Vaclavikova Ohio Citizen Action 3400 N. High Street, Suite 430 Columbus, OH 43202 Cc: Beth Mowrey, Shelly Materials Scott McAfee, Westerville City Council Linda Harter, Blendon Township Paul Wenning, Franklin County Board of Health