AQ_F_1900015_20100503_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHATHAM FILE NO. DAQ 2010-045
IN THE MATTER OF: )
UNIBOARD USA LLC )
FOR VIOLATION OF: )
AIR PERMIT 03449T35 ) CIVIL PENALTY ASSESSMENT
REPORTING REQUIREMENTS )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, 1, Patrick Butler, P.E.,
Regional Air Quality Supervisor, make the following:
1. FINDINGS OF FACT:
A. Uniboard USA LLC (Uniboard) operates a facility located in Moncure, Chatham County,
North Carolina. This facility has a county premise number of 1900015.
B. Uniboard was issued Air Permit No. 03449T35 on October 15, 2009, with an expiration date
of September 30, 2014, for construction and operation of air emission sources and/or air
cleaning devices.
C. Said permit contains the following pertinent stipulations, 2.I.F.2.f., 2.1.F.5.e., 2.1.F.6.n.,
2.1.F.6.t., 2.I.F.6.ii., 2.1.G.2.£, 2.I.G.4.e., and 2.2.A.4.aa. requiring the facility to submit
semi-annual reports by January 301h and July 30th for the preceding six-month period.
D. Uniboard did not submit a semiannual report for the second half of calendar year 2009 by the
due date of January 30, 2010.
E. A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) dated
March 4, 2010 was sent to Uniboard.
F. The semiannual report for the second half of calendar year 2009 was shipped via Federal
Express on March 26, 2010 to the Raleigh Regional Office.

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DAQ 2010-045
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G. Prior to the current violations, the facility's recent and/or related compliance history includes
the following:
• Notice of Violation/Notice of Recommendation for Enforcement dated August 12, 2009
for failure to perform stack testing by the due date. The facility was assessed a civil
penalty of$4292.00. The fine was paid in full.
• Notice of Violation dated October 22, 2008 for the failure to submit a ls` half of 2008
semiannual report and a 2"d quarter 2008 report and the failure to submit an ownership
change application following the sale of the facility.
• Notice of Violation/Notice of Recommendation for Enforcement dated May 3, 2006 for
operating an emission source without the required control equipment. The facility entered
into a Special Order of Consent concerning the violation.
• Penalty Demand Letter dated August 23, 2002 for not submitting an annual emission
report by the due date. The facility was initially assessed a penalty of$1000. The penalty
was eventually remitted to $500 and paid in full.
H. The costs of investigation or inspection in this matter totaled$228.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Air Permit No. 03449T35 is required by and issued pursuant to G.S. 143-215.108.
B. Uniboard was in violation of Permit Stipulations 2.11.2.f., 2.1.F.5.e., 2.1.F.6.n., 2.1.F.6.t.,
2.1.F.6.ii., 2.1.G.2.£, 2.LG.4.e., and 2.2.A.4.aa. as detailed in Findings of Fact 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:

Uniboard USA LLC
DAQ 2010-045
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III. DECISION:
Uniboard USA LLC is hereby assessed a civil penalty of:
$ . OOd , 60 for one (1) violation of Air Permit No. 03449T35 - Stipulations 2.1.17.2.£,
2.1.F.5.e., 2.1.F.6.n., 2.1.F.6.t., 2.1.F.6.ii., 2.1.G.2.£, 2.LGA.e., and 2.2.A.4.aa.
and specifically for failure to submit a semiannual report for the second half of
calendar year 2009 by the due date of January 30, 2010.
$ TOTAL CIVIL PENALTY, which is percent of the maximum penalty
authorized by G.S. 143-215.114A.
$ 228.00 Investigation costs
$-ZZ`6 , j— 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.
3— 10 (21
Date Patrick Butler, P.E., Regional Air Quality Supervisor
Division of Air Quality