AQ_F_2000123_20100628_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHEROKEE FILE NO. DAQ 2010-054
IN THE MATTER OF: )
HARRISON CONSTRUCTION )
DIVISION OF APAC-ATLANTIC, )
INC., MURPHY ASPHALT PLANT)
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
15A NCAC 2D .0524/AIR PERMIT )
NO. 08976R08, SPECIFIC )
CONDITION AND )
LIMITATION NO. 8.a.i. )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, 1, Sheila C.
Holman, Deputy Director of the Division of Air Quality (DAQ), make the following:
I. FINDINGS OF FACT:
A. Harrison Construction Division of APAC-Atlantic, Inc. (the company) was issued
Air Permit No. 08976R08 (permit) which became effective on July 8, 2009 with
an expiration date of November 30, 2010, for the operation of the following air
emissions source:
ES (NSPS) - one natural gas\No. 2 (virgin or DAQ approved recycled)
fuel oil\No. 4 (virgin or DAQ approved recycled) fuel oil-fired hot mix
asphalt batch plant (88 million Btu per hour maximum heat input rate
while combusting natural gas and 110 million Btu per hour maximum heat
input rate while combusting fuel oils) equipped with control system ID
No. CD2, one knock-out box (1,408 cubic feet) in series with control
system ID No. CD1, one bagfilter (11,130 square feet of filter area),
B. Said permit contains the following pertinent provisions:
i. The Permittee shall comply with applicable Environmental Management
Commission Regulations, including Title 15A North Carolina
Administrative Code (NCAC), Subchapter 2D .0524 (40 CFR 60, Subpart
I).
ii. In accordance with 15A NCAC 2D .0524 "New Source Performance
Standards" (NSPS), Specific Condition and Limitation No. 8.a.i.: "...the
Permittee shall not discharge or cause the discharge into the atmosphere
from any affected source any gases which: Contain particulate matter in
excess of 90 mg/dsem (0.04 gr/dscf)..."
iii. Specific Condition and Limitation No. 11:

Harrison Construction Division of APAC-Atlantic, Inc., Murphy Asphalt Plant
2010-054
Page 2
TESTING REQUIREMENT - Under the provisions of North Carolina
General Statute 143-215.108 and in accordance with 15A NCAC 2D
.0605, the Permittee shall demonstrate compliance with the emission
limit(s) by testing the emission source(s) for the specified pollutant(s) as
follows: hot mix asphalt batch plant (ID No. ES 1) while combusting No.
4 fuel, Filterable Particulate Matter Per...2D .0524, Method 5...Two
copies of the test results must be submitted to the Regional Supervisor,
DAQ, in accordance with the approved procedures of the Environmental
Management Commission by June 30, 2010.
The company conducted a stack test on the hot mix asphalt batch plant (ID No.
ES 1) on October 6 through 8, 2009 to determine the compliance status with the
emission limits set forth by 15A NCAC 2D .0524 NSPS as required by Specific
Limitation and Condition No. 11. of Air Pen-nit No. 08976R08. The results of the
stack test were submitted to DAQ-ARO on November 12, 2009, and the results
were then forwarded to the DAQ's Stationary Source Compliance Branch (SSCB)
for review.
C. On February 15, 2010, Thaochi Vu of the SSCB issued a memorandum stating the
following:
40 CFR 60 Subpart I Standards of Performance for Hot Mix Asphalt
Facilities... limits filterable PM to 90 milligrams per dry standard cubic
meter (mg/dscm) or 0.04 grains per dry standard cubic foot (gr/dscf)...
[The test results show filterable particulate emissions from the hot mix
batch plant (ID ES 1) were measured at:] 286.4 mg/dscm (0.124
gr/dscfm)... In conclusion, the results of the emission test conducted on
ES 1 are accepted and do not demonstrate compliance with the PM
emission limit in 40 CFR 60 Subpart I...
D. On February 25, 2010, a Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE) was issued to the company for violation of NSPS as
stipulated by Air Permit No. 08976R08, Specific Condition and Limitation No.
8.a.i. A response to the NOV/NRE was received by the ARO on March 11, 2010.
The response states in part:
...The permit for this facility was modified to replace the baghouse, the
baghouse was installed in early October 2009...In an effort to get the stack
testing conducted, work sufficient to run the test was scheduled although
there was not sufficient work to do a test run to verify that the baghouse
was properly installed and operating as intended...there were significant
problems keeping the facility running and multiple malfunctions...
Although Harrison believed the facility had passed its stack test, the
facility has not been in operation since [the] stack test ended...
E. The ARO has no record of prior violations by Harrison Construction Division of
APAC-Atlantic, Inc., Murphy Asphalt Plant.

Harrison Construction Division of APAC-Atlantic, Inc., Murphy Asphalt Plant
2010-054
Page 3
F. The costs of investigation or inspection in this matter totaled $160.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Harrison Construction Division of APAC-Atlantic, Inc. , Murphy Asphalt Plant
was in violation of 15A NCAC 2D .0524 as cited by Air Permit No. 08976R08,
Specific Condition and Limitation No. 8.a.i. by exceeding the particulate emission
limit established by said rule documented by an EPA Method 5 stack test of the
hot mix asphalt batch plant(ID No. ES 1) on October 6, 2010 through October 8,
2010.
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 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:
111. DECISION:
Harrison Construction Division of APAC-Atlantic, Inc. , Murphy Asphalt Plant is hereby
assessed a civil penalty of:
$ 3C � for one (1) violation of the particulate emission
limit as contained in 08976R08, Specific Condition
and Limitation No. 8.a.i. and in 15A NCAC 2D
.0524, documented by an EPA Method 5 stack test
of the hot mix asphalt batch plant (ID No. ES 1) on
October 6, 2010 through October 8, 2010.
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized by G.S.
143-215.114A.
160.00
$ Investigation costs
$ -St TOTAL AMOUNT DUE

Harrison Construction Division of APAC-Atlantic, Inc., Murphy Asphalt Plant
2010-054
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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 haim 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.
bo 5��k ( - —
Date Sheila C. Holman, Deputy Director
Division of Air Quality