AQ_F_0200030_20220920_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DAQ 2022—030
COUNTY OF ALEXANDER )
IN THE MATTER OF: )
CIVIL PENALTY ASSESSMENT
PIEDMONT WOOD PRODUCTS )
INC. )
FOR VIOLATION OF 40 CFR )
PART 63 SUBPART JJJJJJ )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Michael A.
Abraczinskas, Director of the Division of Air Quality(DAQ),make the following:
1. FINDINGS OF FACT:
A. Piedmont Wood Products, Inc. was issued Air Permit No. 05786R09 on November 26,
2014, with an expiration date of October 31, 2022, for operation of its facility at 1924
Black Oak Ridge Road, Taylorsville, Alexander County, North Carolina.
B. The permit lists the No. 2 fuel oil-fired boiler(ID No. I-B1) as an insignificant activity that
is subject to 40 CFR Part 63 Subpart JJJJJJ -"National Emission Standards for Hazardous
Air Pollutants for Area Sources". Section 63.11223(e)of this rule states in part,
"...Oil-fired boilers with a heat input capacity of equal to or less than 5 million Btu per
hour must conduct a tune-up every 5 years as specified in paragraphs (b)(1) through L7)of
this section. Each 5-year tune-up must be conducted no more than 61 months after the
previous tune-up."
C. On April 14,2022, Mr. Ryan Mills of the Mooresville Regional Office(MRO), Division of
Air Quality, conducted a full compliance evaluation of the facility and observed the facility
had not performed the required boiler tune-up within the required time frame. The facility
performed a tune-up on January 11, 2017. The subsequent 5-year tune-up was due by
February 11, 2022, which was 61 months from the previous boiler tune-up date. At the
time of the inspection on April 14, 2022,the boiler tune-up had not been performed.
D. A Notice of Violation and Recommendation for Enforcement (NOV/NRE) letter dated
April 19, 2022, was sent to Piedmont Wood Products, Inc. for the violation noted in
Findings of Fact"C" above.
E. On May 3, 2022, Ms. Martha Reese of Piedmont Wood Products, Inc. submitted an email
response to Ryan Mills indicating they had been trying to schedule the boiler inspection
with Link Boiler but could not reach the proper representatives of that company to do so.
F. On May 9, 2022, the facility emailed Mr. Ryan Mills to inform our office that the boiler
"...inspection was done on Friday, May 6, 2022,by Robert E Johnson, Sr. Risk Control
Consultant of the Travelers Company."Mr. Mills responded to the email with an outline of

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the NESHAP 6J tune-up requirements. Ms. Martha Reese stated in her email response on
Tuesday, May 10, 2022, that the inspection on May 6, 2022, did not include that specific
requirements of NESHAP Subpart 6J. Ms. Reese also indicated she would again attempt
to have Link Boiler come out to perform the tune-up. In addition, MRO DAQ received a
written response to the NOV/NRE on May 16, 2022, detailing a summary of email
communications between the facility and our office.
G. Air Quality Compliance History:
• On January 3, 2017, this office issued a Notice of Violation for one violation of Subpart 6J
for failure to conduct the required boiler tune-up. This violation was resolved by a boiler
tune-up conducted on January 11, 2017. No enforcement action was taken for the
violation.
H. The costs of investigation or inspection in this matter totaled $ 256.00.
11. CONCLUSIONS OF LAW:
A. Piedmont Wood Products, Inc. was in violation of 40 CFR Part 63 Subpart JJJJJJ on
February 11, 2022.
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 Management Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Piedmont Wood Products, Inc. is hereby assessed a civil penalty of.
$ 2, yod. 00 For one (1)violation of 40 CFR Part 63 Subpart JJJJJJ, "Industrial,
Commercial and Institutional Boilers at Area Sources"for failure to
conduct the required tune-up before the February 11,2022 deadline.
$ 2,000.GO TOTAL CIVIL PENALTY,which is S percent of the maximum
penalty authorized by G.S. 143-215.114A.
$ 256.00 Investigation costs.
$ 2, 7-56 .a d TOTAL AMOUNT DUE

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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;
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. Abraczinskas, Director
Division of Air Quality