AQ_F_0800044_20130214_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF BERTIE COMMISSION
FILE NO. DAQ 2012-042
IN THE MATTER OF: )
AVOCA, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
40 CFR 63, Subpart DDDDD )
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. Permit 01819T38 was issued to Avoca, Inc. on June 3, 2011 for the operation of
equipment that extracts oils and nutrients from various plants for use in perfume
and food additives. The facility is located at 841 Avoca Farm Road, Merry Hill,
Bertie County,North Carolina.
B. Avoca, Inc. began construction of two 18.6 MMBtu/hr biomass boilers (ID Nos.
ES-BB 1 and ES-13132) on May 2, 2011. 40 CFR 63, Subpart DDDDD, "National
Emissions Standards for Hazardous Air Pollutants for Major Sources: Industrial,.
Commercial and Institutional Boilers and Process Heaters" applies to the biomass
boilers. The boilers are categorized as new under 40 CFR 63.7490 because they
began construction after June 4, 2010.
C. The compliance date for Subpart DDDDD was May 20, 2011, but EPA stayed the
subpart for further consideration on May 16, 2011. The stay was later vacated on
January 9, 2012 by decision of the D.C. Circuit Court of Appeals in Sierra Club v.
Jackson, 833 F. Supp. 2d 11 (D.D.C. 2012). .
D. The Avoca biomass boilers began operation on October 10, 2011 and October 24,
2011,respectively, between the dates of the Subpart DDDDD stay and the court
vacature. The language of 40 CFR 63.7510(f) in effect at the time required an
initial compliance demonstration for all emission standards by November 16,
2011 or within 180 days of a new boiler startup, whichever was later. Therefore,
the initial compliance demonstration deadline was April 7, 2012.
E. On March 6,2012, DAQ received a letter from Avoca, Inc. requesting deferral of
enforcement and extension of the deadline for the compliance demonstration
referenced above. Because the court vacature placed Avoca,Inc. on a short
timeframe to demonstrate compliance with the applicable standards, the Division
of Air Quality issued a letter on March 16, 2012 to Avoca, Inc. granting Avoca,
Inc.'s request by deferring enforcement for a late compliance demonstration,

Dr.Peele
Page 3
Enforcement Group-Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings (OAH).
You must file the petition with the OAH within thirty(3 0)days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The petition may be filed by facsimile(fax)or electronic mail by an attached file (with restrictions)-provided the
signed original, one(1)copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
OAH within seven(7)business days following the faxed or electronic transmission. You should contact the
OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address,
telephone number, and facsimile number for the OAH are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone] Facsimile: (919)43 1-3 100
A copy of the petition must also be served on NCDENR as follows:
Lacy Presnell, General Counsel
North Carolina Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
Please indicate.the DAQ case number,as found on Page 1 of this letter,on your petition to OAH.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter,please contact at .
Sincerely,
eila C.Holman
Enclosures:Assessment Document
cc: Robert P. Fisher, Supervisor Washington Regional Office
Enforcement File(DAQ 2012-042)
II
i

Avoca,Inc.
DAQ Case Number 2012-042
Page two of four
provided it was completed by July 7, 2012 (180 days from the court vacature date).
F. The language of 40 CFR 63.7500(a) (1) and Table 12 to Subpart DDDDD in
effect at the time of the violation establish a temporary alternate emission standard
for particulate matter from solid fuel boilers constructed between June 4, 2010
and May 20, 2011. The biomass boilers must comply with a 0.0081b/M1VIBtu of
heat input limitation.
G. On June 26,2012, Avoca conducted Method 5 particulate stack testing on the
combined stack of biomass boilers ES-BB 1 and ES-BB2 for the purpose of
demonstrating compliance with the emission standard. Avoca, Inc. reported an
average test result of 0.103 lb/M1VIBtu.
H. On October 3, 2012, the Division of Air Quality Stationary Source Compliance
Branch approved the stack test report for the June 26, 2012 testing and determined
that the biomass boilers' particulate emissions had exceeded the standard.
I. On October 31, 2012, the Division of Air Quality issued a Notice of
Violation/Notice of Recommendation for Enforcement for failure to demonstrate
compliance with the 40 CFR 63, Subpart DDDDD particulate emission standard,
and for failure to demonstrate compliance with the emission standard by July 7,
20,12.
J. Avoca, Inc. provided a written response to the Notice on November 13,2012.
Their response pointed out regulatory issues and included discussion of
operational issues with the biomass boilers and their baghouse during the June 26,
2012 particulate test.
K. Air Quality Enforcement History:
• December 10, 2007 Notice of Violation pursuant to Permit 01819T35
Specific Condition 2.2.C.1 "Toxic Air Pollutant Emissions Limitation and
Reporting Requirements."The Sclareolide Operations exceeded the 241
lbs/day of n-hexane and 100.41bs/hr of hexane isomers emissions
limitations during an accidental 1,400 gallon hexane release on November
27, 2007.
• June 19, 2006 Notice of Violation for 15A NCAC 2D.0530 "Prevention of
Significant Deterioration," and Permit 01819T32 Specific Conditions
2.1.0.3.c and 2.2.B.1.c. Avoca, Inc. failed to perform testing of volatile
organic compounds on the Biomass Extraction Operation within 60 days
of startup, and failed to perform testing of volatile organic compounds
from the Botanical Extraction Process within 60 days of Biomass
Extraction startup.

Avoca,Inc.
DAQ Case Number 2012-042
Page three of four
• February 15, 2006 Notice of Violation/Notice of Recommended
Enforcement for one violation of 15A NCAC 2D.1100 and Permit
01819T32 Specific Condition 2.2.C.1., one violation of 15A NCAC
2D.0535, and one violation of 2Q.0508 and permit General Condition A.6.
Case Number 2006-047: Assessment of$4,905.00 on June 27, 2006.
• January 23, 2006 Notice of Violation/Notice of Recommended
Enforcement for violations of 15A NCAC 2D.0530 "Prevention of
Significant Deterioration." There were seven monitoring violations of
Permit 01819T32 Specific Condition 2.2.B.1.h. and thirty-three
monitoring violations of Specific Condition 2.2.13.1.1.
Case No. 2006-046: Assessment of$20,421.00 on June 27, 2006.
L. The costs of investigation or inspection in-this matter totaled $ 549.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Air Permit No. 01819T38 is required by and issued pursuant to G.S. 143-215.108.
B. Avoca, Inc. failed to demonstrate compliance with the 40 CFR 63 Subpart
DDDDD particulate matter emission standard for biomass boilers ID.Nos. ES-
BB 1 and ES-BB2 during a stack test conducted on June 26,2012.
C. Avoca, Inc. failed to demonstrate compliance with the 40 CFR 63 Subpart
DDDDD particulate emission standard for biomass boilers ID Nos. ES-BB 1 and
ES-13132 by July 7, 2012.
D. 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 a regulation established pursuant to
G.S. 143-215.107.
E. G.S: 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates any term or condition of any permit
issued pursuant to G.S. 143-215.108 or who violates any regulation adopted by
the Environmental Management Commission.

Avoca,Inc.
DAQ Case Number 2012-042
Page four of four
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Avoca, Inc. is hereby assessed a civil penalty of:
$ n 0t9.00 Failure to demonstrate compliance with the 40 CFR 63
Subpart DDDDD particulate matter emission standard for
biomass boilers ID Nos. ES-BB 1 and ES-BB2 during a
stack test conducted on June 26, 2012.
$ Failure to demonstrate compliance with the 40 CFR 63
Subpart DDDDD particulate emission standard for
biomass boilers ID Nos. ES-BB 1 and ES-BB2 by
July 7,2012 deadline.
$ OLIO. 00 TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 43-215.114A.
$ 549.00 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. 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;
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.
ate Sheila C. Holman, Director,
Division of Air Quality

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF BERTIE COMMISSION
FILE NO. DAQ 2012-042
IN THE MATTER OF: )
AVOCA, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
40 CFR 63, Subpart DDDDD )
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. Permit 01819T38 was issued to Avoca, Inc. on June 3, 2011 for the operation of
equipment that extracts oils and nutrients from various plants for use in perfume
and food additives. The facility is located at 841 Avoca Farm Road, Merry Hill,
Bertie County,North Carolina.
B. Avoca, Inc. began construction of two 18.6 MMBtu/hr biomass boilers (ID Nos.
ES-BB 1 and ES-13132) on May 2, 2011. 40 CFR 63, Subpart DDDDD, "National
Emissions Standards for Hazardous Air Pollutants for Major Sources: Industrial,.
Commercial and Institutional Boilers and Process Heaters" applies to the biomass
boilers. The boilers are categorized as new under 40 CFR 63.7490 because they
began construction after June 4, 2010.
C. The compliance date for Subpart DDDDD was May 20, 2011, but EPA stayed the
subpart for further consideration on May 16, 2011. The stay was later vacated on
January 9, 2012 by decision of the D.C. Circuit Court of Appeals in Sierra Club v.
Jackson, 833 F. Supp. 2d 11 (D.D.C. 2012). .
D. The Avoca biomass boilers began operation on October 10, 2011 and October 24,
2011,respectively, between the dates of the Subpart DDDDD stay and the court
vacature. The language of 40 CFR 63.7510(f) in effect at the time required an
initial compliance demonstration for all emission standards by November 16,
2011 or within 180 days of a new boiler startup, whichever was later. Therefore,
the initial compliance demonstration deadline was April 7, 2012.
E. On March 6,2012, DAQ received a letter from Avoca, Inc. requesting deferral of
enforcement and extension of the deadline for the compliance demonstration
referenced above. Because the court vacature placed Avoca,Inc. on a short
timeframe to demonstrate compliance with the applicable standards, the Division
of Air Quality issued a letter on March 16, 2012 to Avoca, Inc. granting Avoca,
Inc.'s request by deferring enforcement for a late compliance demonstration,

Dr.Peele
Page 3
Enforcement Group-Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings (OAH).
You must file the petition with the OAH within thirty(3 0)days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The petition may be filed by facsimile(fax)or electronic mail by an attached file (with restrictions)-provided the
signed original, one(1)copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
OAH within seven(7)business days following the faxed or electronic transmission. You should contact the
OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address,
telephone number, and facsimile number for the OAH are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone] Facsimile: (919)43 1-3 100
A copy of the petition must also be served on NCDENR as follows:
Lacy Presnell, General Counsel
North Carolina Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
Please indicate.the DAQ case number,as found on Page 1 of this letter,on your petition to OAH.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter,please contact at .
Sincerely,
eila C.Holman
Enclosures:Assessment Document
cc: Robert P. Fisher, Supervisor Washington Regional Office
Enforcement File(DAQ 2012-042)
II
i

Avoca,Inc.
DAQ Case Number 2012-042
Page two of four
provided it was completed by July 7, 2012 (180 days from the court vacature date).
F. The language of 40 CFR 63.7500(a) (1) and Table 12 to Subpart DDDDD in
effect at the time of the violation establish a temporary alternate emission standard
for particulate matter from solid fuel boilers constructed between June 4, 2010
and May 20, 2011. The biomass boilers must comply with a 0.0081b/M1VIBtu of
heat input limitation.
G. On June 26,2012, Avoca conducted Method 5 particulate stack testing on the
combined stack of biomass boilers ES-BB 1 and ES-BB2 for the purpose of
demonstrating compliance with the emission standard. Avoca, Inc. reported an
average test result of 0.103 lb/M1VIBtu.
H. On October 3, 2012, the Division of Air Quality Stationary Source Compliance
Branch approved the stack test report for the June 26, 2012 testing and determined
that the biomass boilers' particulate emissions had exceeded the standard.
I. On October 31, 2012, the Division of Air Quality issued a Notice of
Violation/Notice of Recommendation for Enforcement for failure to demonstrate
compliance with the 40 CFR 63, Subpart DDDDD particulate emission standard,
and for failure to demonstrate compliance with the emission standard by July 7,
20,12.
J. Avoca, Inc. provided a written response to the Notice on November 13,2012.
Their response pointed out regulatory issues and included discussion of
operational issues with the biomass boilers and their baghouse during the June 26,
2012 particulate test.
K. Air Quality Enforcement History:
• December 10, 2007 Notice of Violation pursuant to Permit 01819T35
Specific Condition 2.2.C.1 "Toxic Air Pollutant Emissions Limitation and
Reporting Requirements."The Sclareolide Operations exceeded the 241
lbs/day of n-hexane and 100.41bs/hr of hexane isomers emissions
limitations during an accidental 1,400 gallon hexane release on November
27, 2007.
• June 19, 2006 Notice of Violation for 15A NCAC 2D.0530 "Prevention of
Significant Deterioration," and Permit 01819T32 Specific Conditions
2.1.0.3.c and 2.2.B.1.c. Avoca, Inc. failed to perform testing of volatile
organic compounds on the Biomass Extraction Operation within 60 days
of startup, and failed to perform testing of volatile organic compounds
from the Botanical Extraction Process within 60 days of Biomass
Extraction startup.

Avoca,Inc.
DAQ Case Number 2012-042
Page three of four
• February 15, 2006 Notice of Violation/Notice of Recommended
Enforcement for one violation of 15A NCAC 2D.1100 and Permit
01819T32 Specific Condition 2.2.C.1., one violation of 15A NCAC
2D.0535, and one violation of 2Q.0508 and permit General Condition A.6.
Case Number 2006-047: Assessment of$4,905.00 on June 27, 2006.
• January 23, 2006 Notice of Violation/Notice of Recommended
Enforcement for violations of 15A NCAC 2D.0530 "Prevention of
Significant Deterioration." There were seven monitoring violations of
Permit 01819T32 Specific Condition 2.2.B.1.h. and thirty-three
monitoring violations of Specific Condition 2.2.13.1.1.
Case No. 2006-046: Assessment of$20,421.00 on June 27, 2006.
L. The costs of investigation or inspection in-this matter totaled $ 549.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Air Permit No. 01819T38 is required by and issued pursuant to G.S. 143-215.108.
B. Avoca, Inc. failed to demonstrate compliance with the 40 CFR 63 Subpart
DDDDD particulate matter emission standard for biomass boilers ID.Nos. ES-
BB 1 and ES-BB2 during a stack test conducted on June 26,2012.
C. Avoca, Inc. failed to demonstrate compliance with the 40 CFR 63 Subpart
DDDDD particulate emission standard for biomass boilers ID Nos. ES-BB 1 and
ES-13132 by July 7, 2012.
D. 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 a regulation established pursuant to
G.S. 143-215.107.
E. G.S: 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates any term or condition of any permit
issued pursuant to G.S. 143-215.108 or who violates any regulation adopted by
the Environmental Management Commission.

Avoca,Inc.
DAQ Case Number 2012-042
Page four of four
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Avoca, Inc. is hereby assessed a civil penalty of:
$ n 0t9.00 Failure to demonstrate compliance with the 40 CFR 63
Subpart DDDDD particulate matter emission standard for
biomass boilers ID Nos. ES-BB 1 and ES-BB2 during a
stack test conducted on June 26, 2012.
$ Failure to demonstrate compliance with the 40 CFR 63
Subpart DDDDD particulate emission standard for
biomass boilers ID Nos. ES-BB 1 and ES-BB2 by
July 7,2012 deadline.
$ OLIO. 00 TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 43-215.114A.
$ 549.00 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. 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;
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.
ate Sheila C. Holman, Director,
Division of Air Quality