AQ_F_0200037_20090401_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2009-034
COUNTY OF ALEXANDER )
IN THE MATTER OF: )
SHURTAPE TECHNOLOGIES— )
STONY POINT PLANT ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR PERMIT )
NO. 04648T08 GENERAL )
CONDITION NO. 3.P. )
Acting pursuant to North Carolina General Statutes(G.S.) 143-215.114A, I, Ronald E. Slack,
Morrisville Regional Supervisor of the Division of Air Quality(DAQ),make the following:
I. FINDINGS OF FACT:
A. Shurtape Technologies—Stony Point Plant was issued Air Permit No. 04648T08 on May
12, 2005,with an effective date of May 12,2005, and an expiration date of April 30,
2010, for operation of its facility at 8510 NC Highway 90 East, Stony Point,Alexander
County,North Carolina.
B. General Condition No. 3.P. of the subject permit states, in part:
The Permittee shall submit to the DAQ and the EPA postmarked on or before January 30 a
compliance certification(for the preceding calendar year)by a responsible official with all
federally-enforceable terms and conditions in the permit, including emissions limitations,
standards, or work practices. It shall be the responsibility of the current owner to submit a
compliance certification for the entire year regardless of who owned the facility during the
year.The compliance certification shall comply with additional requirements as may be
specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act.
The report was due on January 30,2009. On February 5, 2009,Mr.Mark Hawes, from
Shurtape Technologies,hand delivered the Compliance Certification to the Mooresville
Regional Office, Division of Air Quality.
C. A Notice of Violation and Recommendation for Enforcement(NOWNRE)Letter, dated
February 13,2009,was sent to Shurtape Technologies—Stony Point Plant by Certified
Mail. The Notice requested a written response from Shurtape Technologies—Stony Point
Plant within 10 days of receipt. The Company submitted the requested response on
February 27, 2009.

Shurtape Technologies—Stony Point Plant
2009-034
Page 2
D. Air Quality Enforcement History:
l. There have been no violations issued to Shurtape Technologies- Stony Point Plant in
the last five(5)years.
2. Shurtape Technologies—Hickory/Highlant Plant(Facility ID No. 1800206)was
issued a Notice of Violation and Recommendation for Enforcement on February 8,
2008 for Specific Condition 2.1(D)(6)(b) of Air Permit 02218T26,the failure to
properly operate the carbon adsorption and recovery system resulting in excess
emissions in violation of 40 CFR 60 Subpart RR. A civil assessment of$ 4,329.00
was issued to Shurtape Technologies—Hickory/Highlant Plant on March 18, 2008.
3. Shurtape Technologies,Inc. -Plant No. 24(Facility ID No. 1400185)was issued a
Notice of Violation on March 17,2006 for General Condition P. of Air Permit No.
08486T07, failure to submit the annual Compliance Certification by March 1. Civil
penalties were not assessed.
E. The costs of investigation or inspection in this matter totaled $ 170.00.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. Shurtape Technologies—Stony Point Plant was in violation of Air Permit No,
04648T08, General Condition No. 3.P.,for failure to submit the required report by the
reporting deadline as specified iri Findings of Fact"B".
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:

Shurtape Technologies—Stony Point Plant
2009-034
Page 3
III. DECISION:
Shurtape Technologies—Stony Point Plant is hereby assessed a civil penalty of:
For one violation of Air Permit No.04648T08, General Condition No.
3.P. for late submittal of the annual Compliance Certification.
$�` 0 r'� TOTAL CIVIL PENALTY,which is 6 percent of the
maximum penalty authorized by G.S. 143-215.114A.
$ 170.00 Investigation costs.
$ 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. 14313-282.1(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.
Dat Ronald E. Slack
Morrisville Regional Supervisor
Division of Air Quality