AQ_F_1400190_20020920_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CALDWELL FILE NO. DAQ 2002-139
IN THE MATTER OF:
GEORGE BROWN
D/B/A JORDAN'S CLEANERS
FOR VIOLATION OF CIVIL PENALTY ASSESSMENT
15A NCAC 2D. 1111 "MAXIMUM)
ACHIEVABLE CONTROL
TECHNOLOGY" AS
PROMULGATED IN
40 CODE OF FEDERAL
REGULATIONS, PART 63 ,
SUBPART M
Acting pursuant to North Carolina General Statute (G. S . ) 143-
215 . 114A, I, B . Keith Overcash, P.E. , Acting Director of the
Division of Air Quality (DAQ) , make the following:
I . FINDINGS OF FACT:
A. Mr. George Brown does business as Jordan's Cleaners,
located at 220 Morganton Boulevard, Lenoir, Caldwell
County, North Carolina. This facility uses
perchloroethylene for dry-cleaning and is subject to 15A
NCAC 2D . 1111 as promulgated in 40 CFR, Part 63 , Subpart
M "National Perchloroethylene Air Emission Standards for
Dry Cleaning Facilities . "
B. 40 CFR 63 Subpart M contains the following pertinent
provisions :
i . 63 . 322 (j ) - The owner or operator of an affected
facility shall store all perchloroethylene and
wastes that contain perchloroethylene in solvent
tanks or solvent containers with no perceptible
leaks .
ii . 63 . 323 (a) (1) - The owner or operator shall measure
the temperature of the air-perchloroethylene gas-
vapor stream on the outlet side of the refrigerated
condenser weekly with a temperature sensor to
determine if it is equal to or less than 45°F .
iii . 63 . 324 (d) - Each owner or operator of a dry
cleaning facility shall keep receipts of
perchloroethylene purchases . . .and maintain such

information on site and show it upon request for a
period of 5 years .
C . On May 13 , 2002 , Ms . Serah Overbeek and Ms . Angela Bell
of the Asheville Regional office of the DAQ conducted an
inspection of Jordan's Cleaners and observed the
following:
i . a muck container lid was not closed tightly and a
bucket containing perchloroethylene laden waste
water from the evaporator had no cover;
ii . the temperature on the outlet side of the
I refrigerated condenser was observed at 55 'F, and
iii . the facility did not have all required receipts for
perchloroethylene purchases available for review.
D. A Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE) was issued to Jordan's Cleaners on
May 29 , 2002 for violation of 15A NCAC 2D . 1111 . A
written response to the NOV/NRE was received on June 28,
2002 .
E. The ARO has the following records regarding compliance
with 15A NCAC 2D . 1111/40 CFR 63 Subpart M by Mr. George
Brown d/b/a Jordan' s Cleaners :
August 19 , 1997 - A follow-up letter to the initial
inspection was issued to Jordan's Cleaners listing the
following compliance issues with 40 CFR Part 63 , Subpart
M: failure to document a weekly leak detection inspection
and associated repair work, failure to record the amount
of perchloroethylene purchased each month and the total
amount of perchloroethylene purchased in the prior twelve
months, and failure to measure and record weekly the
temperature of the gas-vapor stream on the outlet side of
the refrigerated condenser to determine if it is equal to
or less than 45 degrees Fahrenheit.
June 11, 1998 - A Notice of Violation was issued to
Jordan's Cleaners listing the following violations of 40
CFR, Part 63 , Subpart M: failure to document a weekly
leak detection inspection and associated repair work,
failure to record the total amount of perchloroethylene
purchased in the prior twelve months, and failure to
record the temperature of the outlet side of the
refrigerated condenser.
August 24, 2000 - A Notice of Violation/Notice of
Initiation of Enforcement Action were issued to Jordan's
Cleaners listing the following violations of 40 CFR, Part
63 , Subpart M: failure to document a weekly leak
detection inspection and associated repair work, failure

to provide perchloroethylene purchase receipts, and
failure to record the temperature of the outlet side of
the refrigerated condenser. Enforcement action was
discontinued and no civil penalties were assessed.
April 4, 2001 - A Notice of Violation was issued to
Jordan's Cleaners listing the following violations of 40
CFR, Part 63 , Subpart M: failure to document a weekly
leak detection inspection and associated repair work,
failure to record the total amount of perchloroethylene
purchased in the prior twelve months, and failure to
provide perchloroethylene purchase receipts .
F. The costs of investigation or inspection in this matter
totaled $251 . 00 .
Based upon the above Findings of Fact, I make the following:
II . CONCLUSIONS OF LAW:
A. Jordan's Cleaners was in violation of 15A NCAC 2D. 1111,
as promulgated in 40 CFR Part 63 , Subpart M on May 13 , 2002 .
B. G. S . 143-215 . 114A provides that a civil penalty of not
more than ten 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:

III . DECISION:
Pursuant to G. S . 143-215 . 114A, in determining the amount of
the penalty, I considered the factors set out in G.S. 143B-282 . 1 (b)
and 15A NCAC 2J . 0006 .
Mr. George Brown d/b/a Jordan's Cleaners is hereby assessed a
civil penalty of :
for one (1) violation of 15A NCAC 2D
. 1111 by failing to maintain the
outlet temperature of the
refrigerated condenser on the dry
cleaning machine at or below 45 OF.
for one (1) violation of 15A NCAC 2D
. 1111 by failing to store all
perchloroethylene containing wastes
in closed, non-leaking containers .
for one (1) violation of 15A NCAC 2D
. 1111 by failing to keep
perchloroethylene purchase receipts
on site .
TOTAL CIVIL PENALTY, which is
--2- percent of the maximum
penalty authorized by G. S . 143-
215 . 114A.
251 . 00
$ Investigation costs
$ TOTAL AMO UE
q 2-
Date B:_7Ke/Xh Overcash, P. E. , Deputy Director
Divi io
n of Air Quality