AQ_F_0200089_20150626_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2014-024
COUNTY OF ALEXANDER )
IN THE MATTER OF: )
ROYAL COMFORT SEATING, )
INC. ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR )
PERMIT NO. 08939R02 )
SPECIFIC CONDITIONS AND )
LIMITATIONS NO. A.9 )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila C.
Holman, Director of the Division of Air Quality(DAQ), make the following:
I. FINDINGS OF FACT:
A. Royale Comfort Seating, Inc. was issued Air Permit No. 08939R02 on April 30,
2010, with an effective date of April 30, 2010, and an expiration date of March
31, 2015, for operation of its facility at 140 Alspaugh Dam Road, Taylorsville,
Alexander County,North Carolina.
B. Said permit contains the following pertinent provisions:
1. Specific Condition and Limitation No. A.9 (15A NCAC 2Q .0803), states
in part:
"EXCL USIONARY RULE REQUIREMENTS-Pursuant to 15A NCAC 2Q.0803
"Coating, Solvent Cleaning, and Graphic Arts,"potential emissions shall be
determined using actual emissions without accounting for any air pollution
control devices.
a. As required by 15A NCAC 2Q.0803, the facility potential emissions
(defined as actual emissions)shall be less than the following:
i. 100 tons per year of volatile organic compounds (VOC);
ii. 10 tons per year of each hazardous air pollutant (HAP);
and
iii. 25 tons per year of all HAPs combined.

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b. As required by 15A NCAC 2Q.0803, the Permittee shall comply with the
following requirements...
iii. Notification Requirement- The Permittee shall report to the
Regional Supervisor, DAQ, any exceedance of a requirement of
rule 15A NCAC 2Q.0803 within one week of occurrence...
Compliance with the recordkeeping and reporting requirements contained in this
specific condition shall not relieve the Permittee from the requirement to have a
Title V permit if the actual emissions from the facility exceed 100 tons per year of
VOC, or 10 tons per year of an individual HAP, or 25 tons per year of all HAPs
combined"
C. On November 18, 2014, Mr. Jim Hafner of the Mooresville Regional Office,
Division of Air Quality, completed his review of the 2013 Emission Inventory as
part of the facility's request for a permit renewal. Additional information was
requested for purchase records of adhesives used during calendar year 2013 and
2014. Based on the purchase records, monthly and twelve month totals of
trichloroethylene usage were compiled from January 2013 through September
2014 (see attached spreadsheets). In January 2014, Royale Comfort Seating, Inc.
exceeded 10 tons trichloroethylene used in the previous 12 months. Subsequent
12 month totals of trichloroethylene have remained above 10 tons per year.
Specific Conditions and Limitations No. A.9. requires the facility to report
exceedances of a requirement of rule 15A NCA 2Q .0803 within one week of
occurrence. The facility failed to report an exceedence of 10 tons of
tricholorethylene used during the previous 12 months within the required
timeframe.
D. A Notice of Violation and Recommendation for Enforcement Letter was issued to
Royale Comfort Seating, Inc. on November 21, 2014, for the violation noted in
Findings of Fact"C" above. Royale Comfort Seating, Inc. responded to the
Notice on December 9, 2014.
E. Prior Air Quality Compliance History since 2009
1. Royale Comfort Seating, Inc. was issued a Notice of Violation on April 9,
2010 for failure to submit the required permit renewal application within
90 days of permit expiration. Civil penalties were not assessed.
F. The costs of investigation or inspection in this matter totaled $290.00.
Based upon the above Findings of Fact, I make the following:

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II. CONCLUSIONS OF LAW:
A. Royale Comfort Seating, Inc. was in violation of Air Permit No. 08939R02 as
noted in Findings of Fact "C" above.
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 G.S. 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Royale Comfort Seating, Inc. is hereby assessed a civil penalty of:
$ r 6N.00 For one (1) violation of Specific Conditions and Limitations No.
A.9 of Air Permit No. 08939R02 for emitting more than 10 tons of
trichloroethylene during the previous 12 months starting in
January, 2014. f
$ I$��.�� TOTAL CIVIL PENALTY,which is b percent of the
maximum penalty authorized by G.S. 143-215.114A.
$290.00 Investigation costs.
$ 1 7 R 0. 0 b TOTAL AMOUNT DUE

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Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered
the factors listed in G.S. 143 B-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;
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.
Date Sheila C. Holman
Director