AQ_F_0200089_20201216_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT
OF ENVIRONMENTAL QUALITY
FILE NO. DAQ 2020-069
COUNTY OF ALEXANDER )
IN THE MATTER OF: )
ROYALE COMFORT SEATING, )
INC. PLANT NO.1 ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF AIR )
PERMIT NO. 08939T04 )
SPECIFIC LIMITATIONS AND )
CONDITIONS NOS. 2.1.A.2.e and )
2.1.A.4.d )
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. Royale Comfort Seating, Inc. Plant No. 1 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. Said permit contains the following pertinent provisions:
Specific Limitation and Condition No. 2.1.A.2.e, states in part:
"The Permittee shall submit a summary report of the monitoring and
recordkeeping activities given in Section 2.1.A.2.c and d above,
postmarked on or before July 30 of each calendar year, for the preceding
six-month period between January and June."
Specific Limitation and Condition No. 2.1.A.4.d, states in part:
"The Permittee shall submit a semi-annual summary report of monitoring
and recordkeeping activities given in Section 2.1.A.4.b and c above,
postmarked on or before July 30 of each calendar year, for the preceding
six-month period between January and June. The report shall contain the
monthly VOC emissions for the previous 17 months. The emissions must
be calculated for each of the 12-mointh periods over the previous 17
months."

Royale Comfort Seating,Inc.Plant No. 1
2020-069
Page 2
C. On August 13, 2020, the facility contact for Royale Comfort Seating, Inc. Plant
No. 1 indicated that restrictions due to the COVID-19 pandemic impeded his
efforts in completing the reports on time. The facility contact stated he would try
to get to the facility and submit the report as soon as possible. DAQ Mooresville
Regional Office (MRO) granted an extension of the deadline since the COVID-19
pandemic was a factor in the facility's failure to submit the required reports on
time.
As of September 24, 2020, the facility had not submitted the reports.A Notice of
Violation and Recommendation for Enforcement letter was issued to Royale
Comfort Seating, Inc. Plant No. 1 on September 24, 2020, for the violations noted
in Findings of Fact`B" above. Royale Comfort Seating, Inc. Plant No. 1
submitted the required reports on October 5, 2020, and indicated on the cover
letter for the reports that they were late due to COVID-19 and a misunderstanding
that led to failure to complete the reports.
D. Prior Air Quality Compliance History:
1. The facility was issued a Notice of Deficiency (NOD) on March 17, 2016,
for a late annual report of VOCs and HAPs. 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.
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.
E. The costs of investigation or inspection in this matter totaled $196.00.
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 as noted in Findings of Fact "B" above.
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.

Royale Comfort Seating,Inc.Plant No. 1
2020-069
Page 3
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:
$ �, ��O• �� for one violation of Specific Limitation and Condition No.
2.1.A.2.e and Specific Limitation and Condition No. 2.1.A.4.d. of
Air Permit No. 08939T04 for failure to submit the required
semiannual reports within the required timeframe.
$ I ovo•oo TOTAL CIVIL PENALTY,which is 11 percent of the
maximum penalty authorized by G.S. 143-215.114A.
$ 196.00 Investigation costs.
$ 11 a G• C>o 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.
IZIU /
t A - �
Date Michael A.Abraczinskas,Director
Division of Air Quality