AQ_F_0900043_20110309_CMPL_NOV-NRE

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue, Governor Division of Air Quality Dee Freeman, Secretary
Sheila C. Holman, Director
9 March 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Darren Stephens, President
Elizabethtown Energy,LLC
2705 Bee Caves Road, Ste 340
Austin, TX 78746
SUBJECT: Notice of Violation/Notice of Recommendation of Enforcement:
Late Annual Compliance Certification
Elizabethtown Power, LLC, Air Permit No. 05455TI5
Elizabethtown,NC,Bladen County 06/0900043
Fee Class: Title V
Dear Mr. Stephens,
Air Permit 05455T15 was issued to Elizabethtown Power,LLC,Elizabethtown,Bladen County,
North Carolina on 18 May 2010, with an expiration date of 31 March 2013. Air Permit No. 05455T15,
Part I, Section 3, General Condition P states:
"The Permittee shall submit to the DAQ and the EPA (Air and EPCRA Enforcement Branch,
EPA, Region 4, 61 Forsyth Street, Atlanta, GA 30303)postmarked on or before by March I a
compliance certification (for the preceding calendar year) by a responsible official with all
federally-enforceable terms and conditions in the permit, including emissions limitations,
standards, or work practices. The compliance certification shall comply with additional
requirements as may be specified under Sections 114(a)(3) or 504(b) of the Federal Clean Air
Act. The compliance certification shall spec:
a, the identification of each term or condition of the permit that is the basis of the
certification;
b. the compliance status;
c. whether compliance was continuous or intermittent; and
d, the method(s) used for determining the compliance status of the source, currently and
over the reporting period."
Additionally,you were reminded of this requirement via letter from DAQ in January 2011. As
of the date of this letter,your Compliance Certification for calendar year 2010 has not been received by
this office. This is a violation of General Condition P of your air permit, cited above. Please submit
the Compliance Certification to DAQ and EPA(address above and in permit) as soon as possible.
Fayetteville Regional Office-Division of Air Quality One
225 Green Street,Suite 714,Fayetteville,North Carolina 28301-5043 NorthCarolina
Main Phone: [phone] DAQ Fax:[phone] Internet: http://www.ncair.org
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper aturalltf

NOWNRE—Elizabethtown Power
9 March 2011
Page 2
As stated in the subject above,this letter represents not only a Notice of Violation for the
violation cited above, but puts you on notice that an enforcement report is being prepared by this office
addressing this violation. This General Statute provides that civil penalties of not more than twenty-
five thousand dollars ($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.
Likewise,the violation addressed in this letter must be reported on your Annual Compliance
Certification for calendar year 2011,which is due by 1 March 2012. Failure to report this permit
deviation on next year's certification may result in the issuance of another Notice of Violation and the
assessment of civil penalties.
The Division strongly recommends that you carefully examine your current permit stipulations
and request explanation from this office as necessary from Jim Moser, Environmental Engineer, at(910)
433-3300.
S' reI
Steven F.Vozzo
Regional Air Quality Supervisor
cc: FRO County Files
Trisha Elizondo, Elizabethtown Energy,LLC,2705 Bee Caves Road,Ste 340 Austin,TX 78746