AQ_F_1900015_20100319_ENF_SOC

Special Order By Consent
Uniboard USA LLC
BEFORE THE NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
STATE OF NORTH CAROLINA )
COUNTY OF CHATHAM )
SPECIAL ORDER BY CONSENT
UNIBOARD USA LLC )
SOC 2008-002
MONCURE FACILITY. )
MONCURE, CHATHAM COUNTY )
NORTH CAROLINA )
[SITE NUMBER 05/19/00015] )
This MODIFICATION OF SPECIAL ORDER BY CONSENT (hereinafter referred to as
the "ORDER") is made and entered into pursuant to North Carolina General Statute 143-215.110
by and among UNIBOARD CANADA, INC., a Canadian corporation qualified to do business in
North Carolina dba UNIBOARD USA LLC (hereafter referred to as Uniboard or the Company)
and the ENVIRONMENTAL MANAGEMENT COMMISSION, an agency of the State of North
Carolina (hereinafter referred to as the Commission).
WITNESSETH:
I. The Commission and Uniboard do hereby stipulate and agree to the following:
A. ATC Panels, Inc.,—Moncure Facility (hereinafter referred to as ATC)
operated a Particleboard and Medium Density Fiberboard (MDF)
Manufacturing Facility in Moncure, Chatham County, North Carolina.
B. ATC was unable to meet the compliance date of October 1, 2008 of the
Plywood and Composite Wood Products MACT (40 CFR Part 63 Subpart
DDDD ("Subpart DDDD" or MACT) and entered into a Special Order by
Consent (the"Original SOC",) with the Commission. The effective date of the
Original SOC was September 9, 2008.
C. Under the Original SOC, ATC agreed to take certain actions to come into
compliance with MACT Subpart DDDD.

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Special Order By Consent
Uniboard USA LLC
D. Uniboard has purchased substantially all of the assets of ATC and desires to
continue the operation of the Particleboard and MDF Manufacturing Facility.
E. Uniboard was added as a party to the Original SOC and assumed the
obligations and privileges of ATC set forth in the Original SOC. The
effective date of the modified SOC was March 20, 2009.
F. Uniboard requested modification of the interim dates in the Original SOC in a
letter to Division of Air Quality (DAQ) dated September 2, 2009.
NOW, THEREFORE, the COMMISSION and Uniboard have agreed to enter into this
Modified Order with the following terms and conditions.
II. The COMPANY, desiring to operate in a safe and environmentally sound manner in
accordance with the rules and regulations of the COMMISSION, does hereby agree to perform
the following activities:
A. The COMPANY shall submit an equivalency-by-permit (EBP) demonstration to
the DAQ by November 13, 2009. This date in the order has been met.
B. If the DAQ denies the EBP, the COMPANY shall design, purchase, and install a
water-based system with chemical injection for.its dryers within nine months of
DAQ's denial but by no later than August 31, 2011.
C. If the DAQ denies the EBP, the COMPANY shall design, purchase, and install
one of the following control options within nine months of DAQ's denial but no
later than August 31, 2011:
i. A biofilter,
ii. A separate water-based system with chemical injection for the press, or
iii. Ductwork to take the press exhaust to the dryer water-based system with
chemical injection

Special Order By Consent
Uniboard USA LLC
D. If the DAQ denies the EBP, the COMPANY shall complete shakedown and
compliance testing of the water-based system with chemical injection for its
dryers and the selected control option specified under Paragraph II.C. for its press
within four months of installation but by no later than January 1, 2012. The
compliance test report shall also be submitted within four months of installation
but by no later than January 1, 2012. There will be no further extensions of the
testing deadline.
III. This ORDER shall pertain to the equipment, sources, and operations described in
Paragraph I of this ORDER. Any violation of Air Quality Standards resulting from other
sources or equipment for which the COMPANY is responsible, may subject the
COMPANY to appropriate enforcement action pursuant to North Carolina" General
Statute 143-215.114.
IV. In the event of changed circumstances, the COMPANY may request that the Director
modify the ORDER, as appropriate. If the Director finds that the COMPANY has
established good cause for its request, the DAQ and the COMPANY shall jointly
stipulate and agree to a written modification of this ORDER.
V. In the event the COMMISSION or the DAQ find that reports, plans, specifications, or
permit applications required under this ORDER are in any respect deficient or if
additional information is necessary to comply with the requirements. of North Carolina
General Statutes 143-215.107 et seq., any regulations promulgated thereunder, or any
other applicable laws or regulations, the COMPANY shall be notified by the DAQ as
soon as possible. The COMPANY shall be afforded an opportunity to modify, amend or
supplement its submissions to make such submissions complete and appropriate.
VI. In the event that the COMPANY fails to comply with any deadline as set out in this
ORDER or fails to achieve final compliance with any applicable requirement in this
ORDER, the COMPANY agrees that, unless excused under Paragraph VII, the
COMPANY will pay the COMMISSION according to the following schedule:

Special Order By Consent
Uniboard USA LLC
DEADLINES AND REPORTS STIPULATED PENALTIES
Failure to submit reports or otherwise $500 per day for the first five days and
meet any deadline as required by $1,000 per day thereafter.
Paragraph II.
STIPULATED PENALTY:
Failure within thirty (30) days of receipt of the Director's written demand to pay the
penalties will be grounds for a collection action, which the Attorney General is hereby
authorized to initiate. By entering into this ORDER, the COMPANY waives any and all
defenses and agrees that the sole issue in such an action will be whether thirty (30) days
has elapsed. The COMPANY shall pay all costs, including agency and attorney fees,
associated with the collection of a delinquent stipulated penalty.
VII. The COMPANY'S obligation to comply with the requirements set forth in this ORDER
for which a stipulated penalty may be assessed, may be delayed or excused only to the
extent that noncompliance is caused by circumstances beyond control of the COMPANY,
as determined by the Division of Air Quality Director (hereinafter referred to as the
"DIRECTOR"). Contractor delays or failure to obtain funding will not be considered
events beyond the Company's control. If any such delaying event occurs, the
COMPANY shall notify the DAQ in writing within ten (10) days of encountering or
discovering the delaying event, describing in detail the event or delay, the precise
cause(s) of the event or delay, the measure(s) taken and to be taken by the COMPANY to
prevent or minimize the event or delay, and the schedule by which those measures will be
implemented. If the Director determines that noncompliance with this 'ORDER was
caused by circumstances beyond the control of the COMPANY, the COMMISSION and
the COMPANY jointly may stipulate and agree to a written modification of this ORDER.
Extension of any compliance date pursuant to this Paragraph shall not extend any
subsequent deadlines established in the ORDER unless the subsequent deadline
necessarily is dependent upon completion of the earlier deadline.
VIII. All notices and reports required from the COMPANY by this ORDER shall be mailed,
first class postage prepaid to:

Special Order By Consent
Uniboard USA LLC
Patrick Butler, Regional Air Quality Supervisor
Raleigh Regional Office
N.C. Dept. of Environment and Natural Resources
3800 Barrett Drive, Suite 101
Raleigh, North Carolina 27609
IX. This ORDER constitutes full and final settlement and satisfaction of all matters addressed
herein and any and all claims or prospective claims that the COMMISSION has or may
have for violations of regulations described in Paragraph I. hereof, as of the date this
ORDER is approved by the COMMISSION. This ORDER shall not affect the
COMPANY'S obligation to comply with any Federal, State, or local laws or regulations.
X. Final approval and entry into this ORDER are subject to the requirements that the
COMMISSION give notice of proposed consent decrees to the public, and that the public
have at least thirty (30) days within which to comment on the ORDER.
XI. Should any provision of this ORDER be declared by a court of competent jurisdiction to
be inconsistent with Federal or State law and therefore unenforceable, the remaining
provisions hereof shall remain in full force and effect.
XII. Except as otherwise set forth herein, this ORDER is.not and shall not be interpreted to be
a permit or modification of an existing permit under Federal, State or local law, and shall not be construed to waive or relieve the COMPANY of its obligations to comply in the
future with any permit.
XIII. In the event of termination of operations and closure of the (MDF) Manufacturing
Facility in Moncure, the COMPANY shall notify the DIRECTOR in writing, within five
(5) business days of the earlier of (i) the date any Workers Adjustment and Retraining
Notification Act (WARNA), notification, or (ii) Facility closure. Receipt of said
notification from the COMPANY by the DIRECTOR shall terminate any obligations of
the COMPANY pursuant to this ORDER, including those pertaining to stipulated
penalties, and this ORDER shall become null and void in its applicability to the
COMPANY. The COMPANY acknowledges its responsibilities pursuant to this
ORDER from the date of final approval and entry of this ORDER, through the date of
receipt by the DIRECTOR of notification of closure required by this paragraph.

Special Order By Consent
Uniboard USA LLC
XIV. This Agreement shall be binding upon the parties, their successors and assigns, upon
execution by the undersigned, who represent and warrant that they are authorized to enter
into this agreement on behalf of the parties hereto. The parties acknowledge and agree
that this Special Order by Consent is transferable to successor entities of the COMPANY
(by purchase or otherwise) upon written modification of the Order agreed to by the
parties.
XV. This Special Order by Consent shall expire not later than January 1, 2012 or upon
completion of the requirements included in this ORDER, whichever occurs first.
AGREED TO THIS DAY OF � C4 , 2010.
Uniboard US LLC
By:
EZBB. f
i an geLntCommission
B
vercash, DAQ Director