AQ_F_1300083_20100413_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ, 2010-016
COUNTY OF CABARRUS )
IN THE MATTER OF: )
GREIF PACKAGING, LLC- )
SOUTHEASTERN PACKAGING )
FOR VIOLATION OF: )
G.S. 143-215.108 "CONTROL } CIVIL PENALTY ASSESSMENT
OF SOURCES OF AIR )
POLLUTION; PERMITS )
REQUIRED" IN OPERATING AIR )
CONTAMINANT SOURCE )
WITHOUT A PERMIT )
AND )
}
15A NCAC .0524 "NEW SOURCE )
PERFORMANCE STANDARDS" )
(NSPS), 40 CFR PART 60, )
SUBPART DC-"STANDARDS OF )
PERFORMANCE FOR SMALL )
INDUSTRIAL-COMMERCIAL- )
INSTITUTIONAL STEAM )
GENERATING UNITS", 40 CFR )
PART 60, SUBPART A )
"GENERAL PROVISIONS ", )
60.7 "NOTIFICATION AND )
RECORD KEEPING" )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.114A, I, Sheila C.
Holman, Deputy Director of the Division of Air Quality (DAQ), make the following:
1. FINDINGS OF FACT:
A. Greif Packaging, LLC — Southeastern Packaging was issued Air Permit No.
06503R07 (permit) on December 3, 2008, with an expiration date of November
30, 2013, for operation of its facility at 2215 Mulberry Road, Concord, Cabarrus
County, North Carolina.
B. Greif Packaging, LLC-Southeastern Packaging provided information on
December 28, 2009 to the Mooresville Regional Office Division of Air Quality

Greif Packaging. LLC-Southeastern Packaging
DAQ 2010-016
Page 2
(MRO DAQ) regarding the installation of one natural gas-fired/No. 2 fuel oil-fired
boiler located at Plant No. 2 at its facility on 2215 Mulberry Road, Concord,
Cabarrus County, North Carolina.
C. On December 29, 2009, Donna Cook of the MRO DAQ staff conducted an
inspection at Greif Packaging, LLC — Southeaster Packaging and observed that
one unpermitted natural gas-fired/No. 2 fuel oil-fired boiler with a maximum heat
input rating of 20.9 million Btu per hour was operational and exhausted to outside
atmosphere.
D. The above referenced boiler was installed on October 24, 2009. The initial firing
of natural gas in this boiler was on November 5, 2009 and No. 2 fuel oil on
November 6, 2009. The boiler is subject to NSPS reporting requirement for
notification of the actual date of initial startup postmarked within 15 day s after
such date, which is contained in 15A NCAC 2D .0524 "New Source Performance
Standards (NSPS)" as promulgated in 40 CFR Part 60 Subpart Dc "Standards of
Performance for Small Industrial-Commercial-Institutional Steam Generating
Units", including Subpart A, "General Provisions", 60.7 "Notification and Record
Keeping
E. A Notice of Violation and Recommendation for Enforcement (NOWNRE) letter
dated January 7, 2010 was sent to Greif Packaging, LLC-Southeastern Packaging
ZD
for one violation of G.S. 143-215.108 "Control of Sources of Air Pollution,
Permits Required" and one violation of 15A NCAC 2D .0524 "NSPS" as
promulgated in 40 CFR Part 60, Subpart Dc including Subpart A, "General
Provisions", 60.7 "Notification and Record Keeping." Greif Packaging, LLC-
Southeastern Packaging submitted a response to the NOV/NRE on January 15,
2010.
F. On February 16, 2010, Greif Packaging, LLC-Southeastern Packaging submitted a
permit application to add the unpermitted natural gas-fired/No. 2 fuel oil-fired
boiler with a maximum heat input rating of 20.9 million Btu per hour to its
permit. Air Permit No. 06503R08 was issued to Greif Packaging, LLC-
Southeastern Packaging on March 26, 2010.
G. Air Quality Enforcement History:
1. A NOV letter dated August 1.6, 2007 was issued for one violation of North
Carolina General Statute (NCGS) 143-215.108 "Control of Sources of Air
Pollution; Permits Required" by operating a bagfilter installed on an
existing corn starch silo without a permit in force. No enforcement action
was taken by the DAQ and civil penalties were not assessed.
2. A NOV letter dated December 4, 2003 was issued for one violation of 15A
NCAC 2Q .0304 "Applications" and 15A NCAC 2D .0202 "Registration

Greif Packaging, LLC-Southeastern Packaging
DAQ 2010-016
Page 3
of Air Pollution Sources" by failing to submit a permit renewal application
and emission inventory at least ninety (90) days before the expiration of
the Air Permit. No enforcement action was taken by the DAQ and civil
penalties were not assessed.
3. A NOV letter dated August 15, 2002 was issued for one violation of Air
Permit No. 06503R04, Specific Condition and Limitation No. A. 6. a. i.
and 15A NCAC 2D .0524 "NSPS" as promulgated in 40 CFR Part 60,
Subpart Dc for failing to submit the sulfur content of the distillate oil
combusted in the boiler (ID No. ES-133) to MRO DAQ within thirty (30)
days after the first six-month period of calendar year 2002 (July 30, 2002,
due date). A NOV/NRE letter dated September 4, 2002 was issued for the
above referenced reporting requirement. A civil assessment of$643.00
was issued to Company on December 9, 2002. The penalty was paid in
full on March 5, 2003.
4. A NOV letter dated February 21, 2002 was issued to this company for one
violation of Air Permit No. 06503R03, Specific Condition and Limitation
No. A. 6. a. iv. and 15A NCAC 2D .0524 "NSPS" as promulgated in 40
CFR Part 60, Subpart Dc for failing to submit the sulfur content of the
distillate oil combusted in the boiler (ID No. ES-B3) to MRO DAQ within
thirty (30) days after the second six-month period of calendar year 2001
(January 30, 2002, due date). No enforcement action was taken by the
DAQ and civil penalties were not assessed.
5. A NOV/NRE letter dated September 21, 2001 was issued for one violation
of NCGS 143-215.108 "Control of Sources of Air Pollution; Pen-nits
Required" by installing and operating a natural gas/No. 2 fuel oil-fired
boiler(ID No. ES-B3) without a valid air permit in force; and 15A NCAC
2D .0524 " NSPS" as promulgated in 40 CFR Part 60, Subpart Dc
including Subpart A "General Provisions", 60.7 Notification and Record
Keeping" as specified in Air Pen-nit No. 06503R03, Specific Condition
and Limitation No. a. 6. a. iii. for failing to submit the written notification
date of the actual date of initial startup of the boiler (ID No. ES-B3)
postmarked within 15 days after such date. A civil penalty in the amount
of$1,739, including costs, was assessed on January 22, 2002 for the above
referenced violations. The Company requested remission on March 12,
12, 2002, but was denied by the DAQ. The penalty was paid in full on
May 14, 2002.
6. A NOV letter dated October 23, 2000 was issued for one violation of Air
Permit No. 06503R02, Specific Condition and Limitation No. A. 4. for
failing to maintain the inspection and maintenance logbook of the bagfilter
at the Plant No. 1 facility. No enforcement action was taken by the DAQ
and civil penalties were not assessed.

Greif Packaging, LLC-Southeastern Packaging
DAQ 2010-016
Page 4
H. The costs of investigation or inspection in this matter totaled $274.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Greif Packaging, LLC-Southeastern Packaging was in violation of G.S. 143-
215.108 on or before December 29, 2009 by operating one natural gas-fired/No. 2
fuel oil-fired NSPS affected boiler without an air permit and in violation of 15A
NCAC 2D .0524 NSPS as promulgated in 40 CFR Part 60, Subpart Dc including
Subpart A. 60.7 as above referenced in Findings of Fact "W.
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 is required
but fails to apply for or to secure a permit required by G.S. 143-215.108 or who
violates a 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 is required, but fails to apply for or to
secure a permit required by G.S. 143-215.108 or who violates a regulation
adopted by the Environmental Management Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Greif Packaging, LLC-Southeastern Packaging is hereby assessed a civil penalty of:
sj_5Obw For one violation of G.S. 143-215.108 in operating one natural
gas/No. 2 fuel oil-fired NSPS affected boiler without a permit on
or before December 29, 2009.
$ 50D.00 For one violation of 15A NCAC 2D .0524 NSPS, 40 CFR Part 60,
Subpart Dc, including Subpart A. "General Provisions", 60.7 from
one natural gas/No. 2 fuel oil-fired boiler on or before December
29, 2009.
$ 20CY).00 TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.114A.
$274.00 Investigation costs
$zzl1 .W TOTAL AMOUNT DUE

Greif Packaging, LLC-Southeastem Packaging
DAQ 2010-016
Page 5
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.
ate Sheila C. Holman, Deputy Directory
Division of Air Quality