AQ_F_1300029_20080123_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CABARRUS ) FILE NO. DAQ 2007-271
IN THE MATTER OF: )
GALVAN INDUSTRIES, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
15A NCAC 2D .0403 TOTAL )
SUSPENDED PARTICULATE )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, B. Keith
Overcash, P.E., Director of the Division of Air Quality (DAQ), make the following:
1. FINDINGS OF FACT:
A. Galvan Industries, Inc. (Galvan) operates.a facility at 7320 Millbrook Road,
Harrisburg, Cabarrus County,North Carolina,
B. Galvan Industries, Inc. was issued Air Permit No. 03639RI 1 on October 24, 2007,
with an expiration date of September 30, 2012, for construction and operation of air
pollution abatement facilities or emission sources.
C. As required by 15A NCAC 2D .0403, "Total Suspended Particulates",the ambient
air quality standards for total suspended particulate matter are:
(1) 75 micrograms per cubic meter annual geometric mean,
(2) 150 micrograms per cubic meter maximum 24-hour concentration not to
be exceeded more than once per year.
D. During the time period from April 27, 2007 through August 22, 2007, Total
Suspended Particulates (TSP) samples were collected at the Primary TSP Monitoring
Site near Galvan Industries, Inc. Galvan had the following enforceable exceedances
of the 150 micrograms per cubic meter 24 hour standard in 15A NCAC 2D .0403,
"Total Suspended Particulate," on three (3) days during this time period:
Date Concentration (ug/m3)
May 15, 2007 161
July 11, 2007 156
August 16, 2007 183

Galvan Industries, Inc.
2007-271
Page 2
Under 15A NCAC 2D .0403, the ambient concentration of TSP shall not exceed 150
micrograms per cubic meter maximum per 24-hour period for more than once per
year. Galvan has had three exceedances of the 24-hour standard within the last 12
months. Therefore, the above monitoring data represents three violations of 15A
NCAC 2D .0403.
E. A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE)
letter dated November 2, 2007 was sent to Galvan Industries, Inc for the violations of
15A NCAC 2D .0403. Galvan Industries, Inc. submitted a written response to the
NOWNRE on November 8, 2007.
F. Air Quality Enforcement History:
l. On December 3, 2002, Galvan Industries, Inc. was issued a NOV for failure to
submit a permit application for renewal at least 90 days before the expiration of
their existing permit. Civil penalties were not assessed.
2. On June 1, 2007 a NOWNRE was issued for three (3) exceedences of 15A
NCAC 2D .0403, "Total Suspended Particulates." A civil penalty of$15,283,
including investigative costs, was assessed.
G. The costs of investigation or inspection in this matter totaled $222,00.
II. CONCLUSIONS OF LAW:
A. Galvan Industries, Inc. was in violation of 15A NCAC 2D .0403 "Total Suspended
Particulates" on May 15, 2007, July 11; 2007 and August 16, 2007.
B. G.S. 143-215.114A provides that a civil penalty of not more than ten 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:

Galvan Industries, Inc.
2007-271
Page 3
III. DECISION:
Galvan Industries, Inc. is hereby assessed a civil penalty of:
$�00 _ For three (3) violations of the 24 hr. TSP limit in 15A NCAC 21)
.0403, "Total Suspended Particulates" on May 15, 2007, July 11, 2007
and August 16, 2007.
du
$ too TOTAL CIVIL PENALTY, which is /D m percent of the
maximum penalty authorized by G.S. 143-215.114A.
$222.00 Investigation costs.
�b
$,3 , i 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 .0006, 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.
® 2 0 �
ate B. eit vercash, P.E., Director
Division of Air Quality