AQ_F_0900096_20210324_ENF_Enf-FND

STATE OF NORTH CAROL.INA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL
COUNTY OF BLADEN QUALITY
IN THE MATTER OF: ) CASE NUMBER 2020-078
OPTIMA TH )
FOR VIOLATIONS OF: ) CIVIL PENALTY ASSESSMENT
NCGS 143-215.108(a)
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. Optima TH(Facility ID 09-00096)is a Greenfield facility that receives biogas
produced by the existing Smithfield Fresh Meats Corp. -Tar Heel facility's
(Facility ID 09-00055) wastewater treatment plant. Optima TH processes the
biogas to produce pipeline-quality renewable natural gas (RNG). The facility is
located on leased property owned by Smithfield Fresh Meats Corp. -Tar Heel and
is located in Tar Heel,Bladen County.
B. On 8 January 2020,Mr. Jeffrey Cole and Ms.Evangelyn Lowery-Jacobs of the
Fayetteville Regional Office Division of Air Quality(FRO DAQ)performed a
compliance inspection of Smithfield Fresh Meats Corp. -Tar Heel, in Bladen
County, North Carolina. The inspectors observed the newly built and operating
Optima TH renewable natural gas (RNG) facility located on Smithfield Fresh
Meats Corp. -Tar Heel's property. Subsequently, the FRO DAQ requested,
(through Compliance Additional Information(CAI)requests on two separate
dates), additional information from the Optima TH facility, regarding equipment,
processes, and emissions. In their responses, the company documented that
Optima TH constructed and began operating in December 2019 a new emission.
source, Candlestick Flare, without obtaining an air quality permit.
C. North Carolina General Statute(NCGS) 143-215.108(a) addresses permit
requirements for sources of air pollution and states in part,the following:
...no person shall do any of the following things or early out any of the
following activities that contravene or will be likely to contravene standards
established.pursuant to G.S. 143-215.107 or set out in G.S. 143-215.107D unless
that person has obtained a permit for the activity from the Commission and has
complied with any conditions of the permit:

Optima TH
Case 2020-078
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(I} Establish or operate aiay air contaminant source, except as provided in G.S.
143-215.108A.
(2) Build, erect, use, or operate any equipment that may result in the emission of
an air contaminant or that is likely to cause air pollution, except as provided in
G.S. 143-215.108A..."
D. On 18 June 2020, a Notice of Violation/Notice of Recommendation for
Enforcement(NOV/NRE)was issued to Optima TH for failure to obtain an air
quality permit prior to construction and operation of a facility emitting air
pollution and for exceeding a TPER without first obtaining an air permit to emit
toxic air pollutants. The NOV/NRE requested a response.from the company by
no later than 16 July 2020. Note that dispersion modelling has subsequently
shown that the facility did not exceed the H2S and SO2 AAL.
E. On 13 July 2020,the FRO received a response to the NOV/NRE of 1.8 June 2020
from Optima TH.
F. Optima TH submitted a greenlield Title V air permit application on 20 August
2020. DAQ Raleigh Central Office(RCO)is currently processing the application.
G. Prior Air Quality Compliance History: None
H. The costs of investigation in this matter totaled$440.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Optima TH was in violation of.North Carolina General Statute (NCGS)
143-215.108(a)by establishing and operating an air contaminant source without
first obtaining a permit.
B. G.S. 143-215.1.1.4A 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 NCGS 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.

Optima TH
Case 2020-078
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Based upon the above Findings of Fact and Conclusions of Law, I make the following:
11I. DECISION:
Optima TH is hereby assessed a civil penalty of:
$�•�e-1 For one(1) violation of NCGS .143-215.108(a) "Control of
Sources of Air Pollution; Permits Required"
$ 60 TOTAL CIVIL PENALTY, which is 2 Q percent of the
maximum penalty authorized by G.S. 1.43-21.5.114A.
$ 440 Investigation costs.
$-fz q Q•4)6 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.I(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(s);
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