AQ_F_0000075_20110404_ENF_Enf-FND (3)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YANCEY FILE NO. DAQ 2010- 213
IN THE MATTER OF: )
YOUNG & MCQUEEN GRADING )
COMPANY, INC. )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
15A NCAC 2D .0506 )
"PARTICULATES FROM HOT )
MIX ASPHALT PLANTS" )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila C.
Holman, Director of the Division of Air Quality (DAQ), make the following:
I. FINDINGS OF FACT:
A. Young & McQueen Grading Company, Inc. (the company) operates a drum mix
asphalt plant located in Burnsville, Yancey County, North Carolina. The
company was issued Air Quality Permit No. 09935R00 which became effective
on September 5, 2008 with an expiration date of August 31, 2013 for construction
and operation of air pollution abatement facilities and emission sources.
B. Said permit contains the following pertinent provision as required by 15A NCAC
2D .0506 "Particulates from Hot Mix Asphalt Plants," Specific Condition and
Limitation No. A.3.b. "Visible emissions from stacks or vents at a hot mix asphalt
plant shall be less than 20 percent opacity when averaged over a six-minute
period."
C. Among the emission sources subject to the permit and the condition set out at
paragraph B. above is a natural gas/virgin No. 2/recycled No. 2/virgin No.
4/recycled No. 4 fuel oil-fired drum mix asphalt plant(105 million Btu per hour
maximum heat input rate; ID No. ES-1).
D. On September 7, 2010, Mr. Chris Scott of the Asheville Regional Office (ARO)
of the DAQ performed a 30-minute EPA Method 9 visible emissions evaluation
of the stack installed on the drum mix asphalt plant (ID No. ES-1). The average
visible emissions exceeded 20 percent opacity for four six-minute periods. The
average opacity for each of the four six-minute periods was 44, 25, 32, and 53
percent.

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DAQ 2010-213
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E. A Notice of Violation and Notice of Recommendation for Enforcement
(NOV/NRE) dated October 14, 2010 was sent to Mr. Samuel Young, President of
Young & McQueen Grading Company, Inc. A written response to the NOV/NRE
was received by the ARO on November 1, 2010 from Mr. George Bond, Business
Manager for Carolina Material Sales (CMS) Joint Venture (Mr. Samuel Young is
a Manager/Member of this company). The response letter states, in part, that
CMS has actively worked to minimize air pollutant impacts at the plant. They
have installed a new aggregate dryer burner; instituted a monitoring system to
establish correlations between operational variables and odor, noise, and opacity;
hired a consultant; and switched from diesel fuel to natural gas. The letter also
alleged that the EPA Method 9 was inaccurate for the source evaluated.
F. On November 17, 2010, Mike Parkin, Paul Muller, and Chris Scott of the ARO
met with personnel from Young & McQueen Grading Company, Inc. to discuss
the facility's noncompliance issues and the allegations asserted in the response
letter.
G. The ARO has no record of prior violations of air quality regulations at the Young
& McQueen Grading Company, Inc.
H. The costs of investigation or inspection in this matter totaled $257.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW:
A. Young & McQueen Grading Company, Inc. located in Burnsville, Yancey
County, North Carolina was in violation of 15A NCAC 2D .0506 as stipulated in
Air Quality Permit No. 09935R00 on September 7, 2010 by having visible
emissions from the stack of the drum mix asphalt plant (ID No. ES-01) in excess
of 20 percent opacity for four six-minute periods within one hour.
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:

Young & McQueen Grading Company, Inc.
DAQ 2010-213
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III. DECISION:
Young & McQueen Grading Company, Inc. is hereby assessed a civil penalty of:
for four (4) violations of the visible emissions limit
stipulated in AQ Permit 09935R00, Specific
Condition and Limitation No. A.3.b./15A NCAC
2D .0506, with regard to the visible emissions from
the stack installed on the drum mix asphalt plant
(ID No. ES-01) on September 7, 2010.
TOTAL CIVIL PENALTY, which is _
percent of the maximum penalty authorized by G.S.
143-215.114A.
257.00
$ Investigation costs
TOTAL AMOUNT DUE
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;
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 procedures.
Date Sheila C. Holman, Director
Division of Air Quality