AQ_F_0100237_20220727_ENF_CPACover

ROY COOPER , Q°
Governor
ELIZABETH S.BISER
Secretary
MICHAEL A.ABRACZINSKAS
Director NORTH CAROLINA
Environmental quafity
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7019 2280 0000 6513 7272
July 27, 2022
Mr.Mark Blalock, Plant Manager
Canfor Southern Pine- Graham Plant
4408 Mt. Hermon-Rock Creek Rd.
Graham,NC 27253
SUBJECT: Civil Penalty Assessment for Violation(s)
Part 63 -NESHAP/MACT Subpart DDDDD Industrial,Commercial, and Institutional Boilers and
Process Heaters
File No.: DAQ 2022-018
Violator: Canfor Southern Pine- Graham Plant
County: Alamance
Facility ID: 0100237
Dear Mr. Blalock:
This letter transmits notice of civil penalty assessed against Canfor Southern Pine -Graham Plant in the
amount of $42,000 and$458 investigative costs, for a total of$42,458.
Enclosed is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by the delegation pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or continuing violation(s) may be the subject of a new enforcement action,including additional penalty.
You must take one of the three actions outlined below within thirty (30)days from the date of receipt of
this letter. Please be advised that if you fail to exercise one of the following options within thirty(30)days,
you will lose your right to appeal or contest this case and your case will be forwarded to the Attorney
General's Office for collection.
1. Submit payment of the penalty:
Payment should be made directly to the order of the North Carolina Department of Environmental Quality
(NCDEQ). When submitting payment,please reference your DAQ case number on your check to insure proper
posting. Please do not include the attached waiver form when submitting payment. Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Enforcement Group-Payment
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
" North Carolina Department of Environmental Quality Division Air
P Q Y I Quality
D E217 West Jones Street,Suite 4000 11641 Mail Service Center I Raleigh,NC 27699-1641
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® 919.707.8400 T
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Mr.Blalock
July 26, 2022
Page 2
Please be advised, that it is the policy for NCDEQ to charge and collect a processing fee of$25.00 for
checks on which payment has been refused by the bank because of insufficient funds or because of an
invalid bank account.
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe civil penalty should be remitted, and submit it to the address listed below. In determining whether a
remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If you choose this option,do not send in payment at this time. The Director of the Division of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed "Justification for
Remission Request." Both forms should be submitted to the following address:
Enforcement Group-Remission
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641

Mr. Blalock
Page 3
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings(OAH).
You must file the petition with the OAH within thirty(30)days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
OAH accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official
state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with
restrictions) -provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS
§15013-23.2)is received in the OAH within seven(7)business days following the faxed or electronic
transmission. You should contact the OAH with all questions regarding the filing fee and/or the details of the
filing process. The mailing address,telephone number,and facsimile number for the OAH are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on NCDEQ as follows:
William F. Lane, General Counsel
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the DAQ case number,as found on Page 1 of this letter,on your petition to OAH.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter,as evidenced by
an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter,please contact Thaochi Vu at 919-707-8433.
Sincerely,
1% - Z'd G� &,6 A
Michael A.Abraczinskas,Director
Division of Air Quality,NCDEQ
Enclosures:Assessment Document
cc: T.Ray Stewart,Jr.,Regional Supervisor Winston-Salem Regional Office
Enforcement File(DAQ 2022-018)