AQ_F_0900043_20110415_ENF_Enf-FND (3)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF BLADEN COMMISSION
IN THE MATTER OF: ) CASE NUMBER 2011-028
ELIZABETHTOWN ENERGY,LLC )
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FOR VIOLATIONS OF: ) CIVIL PENALTY ASSESSMENT
AIR PERMIT STIPULATION, GENERAL )
CONDITIONS,SECTION 3,P, "COMPLIANCE )
CERTIFICATION" )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A,I, Steven Vozzo,Regional
Supervisor,Fayetteville Regional Office, Division of Air Quality (DAQ), make the following:
I. FINDINGS OF FACT:
A. Elizabethtown Energy,LLC is a power generation plant operating in Elizabethtown, Bladen
County,North Carolina. Elizabethtown Energy,LLC was issued Air Permit No. 05455T15
on t8 May 2010,with an expiration date of 31 March 2013.
B. General Condition 3.P of the subject permit states:
The Permittee shall subnrit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,
Region 4,61 Forsyth Street,Atlanta,GA 30303)postmarked on or before March 1 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. It
shall be the responsibility of the current owner to submit a compliance certification for the entire
year regardless of who owned the facility during the year. 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 specify:
t. the identification of each term or condition of the permit that is the basis of the
certification;
2. the compliance status(with the terms and conditions of the permit for the period covered
by the certification);
3. whether compliance was continuous or intermittent;and
4. the method(s) used for determining the compliance status of the source during the
certification period.
C. The Annual Compliance Certification (ACC)was due on 1 March 2011. The ACC was
submitted on 9 March 2011.
D. On 9 March 2011, a Notice of Violation/Notice of Recommendation of Enforcement
(NOV/NRE)was issued for failure to submit the ACC by the due date.
E. Mr, Michael Wood, facility contact for Elizabethtown Energy, LLC visited the Fayetteville

Elizabethtown Energy, LLC
DAQ Case No. 2011-028
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Regional Office(FRO) to discuss the NOWNRE. The root cause of the late ACC appears to
be a communication disconnect with the facility's corporate headquarters in Texas.
F. Air Quality Compliance History:
• On 11 March 2010, a NOV was issued for submitting an incomplete ACC.
• On 25 November 2008,a NOV issued for failure to submit an annual report(NOx
budget).
• On 10 May 2006, a NOV was issued for submitting an incomplete ACC.
• On 16 November 2005, a NOV was issued for failure to submit ACC to EPA.
G. The costs of investigation or inspection in this matter totaled$171.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSIONS OF LAW:
A. Elizabethtown Energy,LLC was in violation of Air Permit No. 05455T15, General
Condition 3.P, for failure to submit the required report by the reporting deadline as
specified in Findings of Fact"C."
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 NCGS
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:
Elizabethtown Energy, LLC is hereby assessed a civil penalty of:
$ "Z©©0 for one(1) violation Air Permit No. 05455T15, General Condition 3.P,for
late submittal of the Annual Compliance Certification.
$ 2 000 TOTAL CIVIL PENALTY, which is_8 percent of the maximum
penalty authorized by G.S. 143-215.114A.
$ 171 Investigation cost
$ 21 A TOTAL AMOUNT DUE

Elizabethtown Energy, LLC
DAQ Case No. 2011-028
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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. 143B-282.1(b)and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm 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(s);
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 pro res.
" it _
ate teven Vozzo,Regional S p visor
Fayetteville Regional Office
Division of Air Quality