AQ_F_0200089_20220531_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL
QUALITY
FILE NO. DAQ 2022-024
COUNTY OF ALEXANDER )
IN THE MATTER OF: )
ROYALE COMFORT SEATING, )
INC. PLANT NO. 1 ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR )
PERMIT NO. 08939T04 )
GENERAL CONDITION P )
Acting pursuant to North Carolina General Statutes(G.S.) 143-215.114A, 1, Michael A.
Abraczinskas, Director of the Division of Air Quality(DAQ),make the following:
I. FINDINGS OF FACT:
A. Royale Comfort Seating, Inc. Plant No. 1 (the facility)was issued Air Permit No.
08939T04 on July 10, 2018, with an effective date of July 10, 2018, and an
expiration date of June 30, 2023, for operation of its facility at 141 Alspaugh Dam
Road, Taylorsville, Alexander County,North Carolina.
B. General Condition P. of the subject permit states, in part:
"The compliance certification shall specify:
1. 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."
On February 28,2022, the Mooresville Regional Office, Division of Air Quality,
received the Annual Compliance Certification(ACC)report for the CY2021. The
report was reviewed on March 18, 2022, and it was found that the report was
missing information including the compliance status of the specific conditions of
the permit.
C. A Notice of Violation and Recommendation for Enforcement(NOV/NRE) Letter,
dated March 25, 2022, was sent to Royale Comfort Seating, Inc. Plant No. 1 by
Certified Mail. The Notice requested a written response from Royale Comfort
Seating, Inc. Plant No. 1 within 10 days of receipt. The Company submitted the

Royale Comfort Seating,Inc.Plant No. 1
2022-024
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requested response and the subject report on April 4, 2022.
D. Air Quality Compliance History:
1. The facility was issued a Notice of Deficiency(NOD) on March 17, 2016, for
a late submission of the VOC and HAP emissions report. The report was
received March 28,2016.
2. The facility was issued a Notice of Violation(NOV) on March 6, 2017, for
late submission of the VOC and HAP emissions report. The report was
received March 20, 2017.
3. The facility was issued an NOV on March 12, 2019, for late submission of
their annual compliance certification(ACC). The report was received March
18, 2019.
4. The facility was issued an NOWNRE on September 24, 2020, for late
submission of the VOC and HAP emissions report. The report was received
October 5, 2020. A civil penalty was assessed on December 16, 2020, for
$1,196 and was paid in full.
5. The facility was issued an NOV on July 21, 2021, for failure to perform
visible emissions monitoring on a monthly basis.
6. The facility was issued an NOV on February 16, 2022, for late submission of
the VOC and HAP emissions report. The report was received on February 28,
2022.
E. The costs of investigation or inspection in this matter totaled$174.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Royale Comfort Seating, Inc. Plant No. 1 was in violation of Air Permit No.
08939T04, General Condition P, for inaccurate reporting as specified in
Findings of Fact "B".
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 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

Royale Comfort Seating,Inc.Plant No. 1
2022-024
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Management Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Royale Comfort Seating, Inc. Plant No. 1 is hereby assessed a civil penalty of-
$ li"vvo• e0 For one violation of Air Permit No. 08939T04, General
Condition P for inaccurate reporting of the ACC.
$_ �,000 TOTAL CIVIL PENALTY,which is I(o percent of the
maximum penalty authorized by G.S. 143-215.114A.
$174.00 Investigation costs.
$ 4, (7 N • LID 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. 14313-282.1(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 Michael A. Abraczinska6 Director
Division of Air Quality 6