AQ_F_0400005_20170725_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ANSON COMMISSION
IN THE MATTER OF: ) CASE NUMBER 2017-021
ADAMS AN OLD CASTLE )
COMPANY- LILESVILLE )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
15A NCAC 2D .0521 )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Michael A.
Abraczinskas, Director of the Division of Air Quality(DAQ), make the following:
I. FINDINGS OF FACT:
A. Adams an Old Castle Company—Lilesville(0400005) located in Lilesville,
Anson County,North Carolina, is a sand processing and packaging plant that
operates under Air Permit No. 01759R22,issued 8 March 2017, and expiring 28
February 2025.
B. The permit contains the standard stipulation for control of visible emissions,
15A NCAC 2D .0521 "Control of Visible Emissions", which states:
"As required by 15A NCAC 2D .0521 "Control of Visible Emissions,"
visible emissions from the emission sources, manufactured after July 1,
1971, shall not be more than 20 percent opacity when averaged over a
six-minute period, except that six-minute periods averaging not more
than 87 percent opacity may occur not more than once in any hour nor
more than four times in any 24-hour period. However, sources which
must comply with 15A NCAC 2D .0524 "New Source Performance
Standards" or .1110 "National Emission Standards for Hazardous Air
Pollutants" must comply with applicable visible emissions requirements
contained therein."
C. On 13 April 2017, Jeffrey Cole, of the Fayetteville Regional Office Division of
Air Quality(FRO DAQ), observed excessive visible emissions coming from the
Adams an Old Castle Co facility at approximately 9:00 am while in route to
conduct a compliance inspection at a neighboring facility. At approximately
12:00 pm Mr. Cole was on the roof of the neighboring facility and observed that
there continued to be excessive visible emissions coming from the Adams an Old
Castle Co. facility.

Adams an Old Castle Company-Lilesville
DAQ Case No. 2017-021
Page 2
D. Mr. Cole arrived at the Adams An Old Castle Co. facility and found an
appropriate vantage point to properly conduct a Method 9 visible emissions
evaluation(VEE). He observed excessive visible emissions coming from two
sources at the facility. He conducted a 19-minute Method 9 VEE on the two
sources, simultaneously. One source of excess visible emissions was the shaker
screen(Source ID No. ES03), located inside a small building atop the rock silo
and sand silo; and the other source was the shaker screen's associated bagfilter
(Source ID No. BH1A).
E. Mr. Cole recorded two 6-minute averages in excess of the 20%VE standard on
ES03: 26% and 23%opacity; and three 6-minute averages in excess of the 20%
VE standard on BH1A: 27%, 29%, 32%opacity. Therefore, there were 5
exceedances resulting in 3 violations.
F. FRO DAQ issued a Notice of Violation/Notice of Recommendation of
Enforcement(NOV/NRE)to Adams an Old Castle Co. - Lilesville on 13 April
2017 for the 15A NCAC 2D .0521 visible emissions standard exceedances.
G. FRO DAQ received a response to the NOV/NRE from Adams and Old Castle
Company on 5 May 2017.
H. Prior Air Quality Compliance History: None
I. The costs of investigation in this matter totaled$355.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Adams an Old Castle Company-Lilesville was in violation 15A NCAC 2D
.0521 for visible emissions coming from two sources at the facility in excess of
permitted limits.
B. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions, or requirements of a permit
required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit required by G.S. 143-215.108
or who violates any regulation adopted by the Environmental Management
Commission.

Adams an Old Castle Company- Lilesville
DAQ Case No. 2017-021
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Adams an Old Castle Company- Lilesville is hereby assessed a civil penalty of:
$ 2, Sao ap For three(3) violations of 15A NCAC 2D .0521 for visible
emissions in excess of the permitted limit.
3.3 M4-
$ Z g-(>u .ao TOTAL CIVIL PENALTY,which is percent of the
maximum penalty authorized by G.S. 143-215.114A.
$ 355 Investigation costs.
$ 2 g 5'5' .d o TOTAL AMOUNT DUE.
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the
factors listed in G.S. 143B-282.1(b)and 15A NCAC 2J .0106,which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
8) The cost to the State of the enforcement procedures.
7 z si Q , \- ----
Date Michael A. Abraczinskas,Director �
Division of Air Quality