AQ_F_1900039_20100709_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHATHAM FILE NO. DAQ 2010-022
IN THE MATTER OF: )
MONCURE PLYWOOD, LLC )
FOR VIOLATION OF: )
AIR PERMITS 03424T20 AND ) CIVIL PENALTY ASSESSMENT
03424T21 )
MONITORING )
REQUIREMENTS )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila Holman, Director,
make the following:
1. FINDINGS OF FACT:
A. Moncure Plywood, LLC operates a facility located in Moncure, Chatham County, North
Carolina. This facility has a county premise number of 1900039.
B. Moncure Plywood, LLC was issued air permits No. 03424T20 (on September 25, 2007 with an
expiration date of August 31, 2012) and No. 03424T21 (on August 28, 2009 with an expiration
date of July 31, 2014), for construction and operation of air emission sources and/or air cleaning
devices. These were the effective permits during the two-week violation period beginning on
8/23/2009.
C. Said permits contain the following pertinent stipulations
Specific Condition 2.1.B.2 (c) in 03424T20 and 03424T21 regarding monitoring
requirements for the wood working operations:
"To assure compliance, once a week the Per7nittee shall observe the emission points of these
sources for any visible emissions above normal... "
Specific Condition 2.1.D.l.b.i in 03424T20 and 2.1.C.l.b.i in 03424T21 regarding
monitoring requirements for the Edge Sealing Spray Booth (ID No. ES21):
"...To assure compliance, the Perrnittee shall perform inspections and maintenance. As a
minimum, the inspection and maintenance program shall include.
i. weekly inspection of the spray booths'filters noting the condition; and
ii. annual (for each 12 month period following the initial inspection) inspection of the
associated ductwork noting structural integrity. "
D. Moncure Plywood, LLC submitted its semi-annual deviation report covering the second half of
2009 on January 29, 2010. In the report, the facility indicated that it failed to conduct weekly

Moncure Plywood, LLC
DAQ 2010-022
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visible emissions observations of the wood working operations during the weeks of August 23,
2009 and August 30, 2009. In the saine report, the facility also indicated that it failed to conduct
weekly inspections of the filter on the Edge Sealing Spray Booth (ID No. ES21) during the same
two weeks (August 23, 2009 and August 30, 2009).
E. A Notice of Violation/Notice of Recommmendation for Enforcement (NOV/NRE) dated
February 16, 2010 was sent to Moncure Plywood, LLC.
F. A response to the NOWNRE was received on March 8, 2010.
G. Prior to the current violations, the facility was issued two (2) Notices of Violation within the last
five (5) years for failing to comply with either a monitoring or inspection requirement and one
(1) additional NOV related to maintenance/recordkeeping violations.
• Notice of Violation dated November 1, 2007 was issued related to maintenance and
recordkeeping violations.
• Notice of Violation/Notice of Recommendation for Enforcement dated June 7, 2007 was
issued regarding missing visible emissions observations. A civil penalty of $2913.00,
including costs, was assessed on October 23, 2007 and was paid in full on November 9,
2007.
• Notice of Violation dated June 14, 2006 was issued regarding missing annual bagfilter
inspections.
H. The costs of investigation or inspection in this matter totaled $266.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Air Permit Nos. 03424T20 and T21 are required by and issued pursuant to G.S. 143-215.108.
B. Moncure Plywood, LLC Plant was in violation of Permit Stipulations 2.1.B.2 (c), 21.I.D.I.b.1
(03424T20), and 2.1.C.l.b.i (03424T21) as detailed in Findings of Fact C above.
C. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) 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.
D. 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

MG11CUre Plywood, LLC
DAQ 2010-022
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III. DECISION:
Moncure Plywood, LLC Plant is hereby assessed a civil penalty of:
$ �-fD •o for two (2) violations of Specific Condition 2.1.B.2 (c) in Air Permit Nos.
03424T20 and 03424T21 for failing to conduct weekly visible emission
observations of the wood working operations during the weeks of August 23,
2009 and August 30, 2009.
$ for two (2) violations of Specific Conditions 2.I.D.l.b.1 in 03424T20 and
2.1.C.l.b.i in 03424T21 for failing to conduct weekly inspections of the filter
on the Edge Sealing Spray Booth (ID No. ES21) during the weeks of August
23, 2009 and August 30, 2009.
$ 4gt)O.0Q TOTAL CIVIL PENALTY, which is _ _ percent of the maximum penalty
authorized by G.S. 143-215.114A.
$ 266.00 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.
r7i'l 110 , fie
ate She la C. Holman, Director
Division of Air Quality