AQ_F_0900043_20100311_CMPL_NOV

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Beverly Eaves Perdue B. Keith Overcash, P.E. Dee Freeman
Governor Director Secretary
11 March 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Trisha Elizondo
Elizabethtown Energy, LLC
2705 Bee Caves Rd, Suite 340
Austin,TX 78746
SUBJECT: Notice of Violation: Deficiency in Annual Compliance Certification
Elizabethtown Energy,LLC Air Permit No. 05455T14 .
Elizabethtown,NC Bladen County Facility ID: 0900043;
Dear Ms. Elizondo:
The Fayetteville Regional Office, Division of Air Quality received the CY 2009 Title V annual
compliance Certification(ACC)for Elizabethtown Energy,LLC, located in Bladen County,NC. The
completeness review by this office found that the"SECTION 3 -GENERAL CONDITIONS"were omitted.
Therefore the ACC failed to include certification of all permit conditions and your facility is in violation of Part I,
Section 3, General Condition P of your air permit.
This letter represents a Notice of Violation for deficiency in the Annual Compliance Certification. The
above violation and any future violation of an air quality regulation are subject to the assessment of civil penalties
as per North Carolina General Statute 143-215.114A. This General Statute provides that civil penalties of not
more than twenty-five thousand ($25,000) may be assessed against any person who violates any classification,
standard, or limitation established pursuant to General Statute 143-215.107, "Air Quality Standards and
Classifications." In addition, each day of continuing violation after written notification from the Division of Air
Quality shall be considered a separate offense.
On 8 March 2010 Jim Moser, of this office, spoke with you by phone informed you that you needed to
submit the General Conditions Review and the signed certification sheet. Please submit these documents to this
Office by 11 April 2010. Please also submit a description of any actions taken to bring about compliance and
any additional information or description of any mitigating circumstances in reference to the violation.
The Division strongly recommends that you carefully examine your current permit stipulations and
request explanation from this Office as necessary. We also encourage all facilities to consider pollution
prevention as they evaluate their compliance issues. Please refer to the enclosed Pollution Prevention/Small
Business insert for further information.
Fayetteville Regional Office
Systel Building,225 Green Street,Suite 714,Fayetteville,North Carolina 28301-5094
Phone:[phone]\FAX:[phone]\Internet:www.ncair.org/ 7��TTo
An Equal Opportunity\Affirmative Action Employer 1 V w. thCarolina

Please note that the violation addressed in this letter must be reported on your Annual Compliance
Certifications for calendar year 2010, which is due 1 March 2011. Failure to report this permit deviation on the
annual compliance certifications may result in the issuance of another Notice of Violation and the assessment of
civil penalties.
Please be advised that neither this letter, nor any subsequent action, absolves you from responsibility for
any violation or damage to public or private property or from any enforcement action available to this agency.
We appreciate your immediate attention to this environmental concern. If you have any questions, please call Jim
Moser, Permit Coordinator, or Robert Hayden, Compliance Coordinator,at(910)433-3300.
cere ,
.. Y
Steven F.Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV/jem
cc: ❑ DAQ Central Files
❑ FRO Files