AQ_F_0200098_20200117_ENF_EMC-Corr (4)

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF ALEXANDER ENVIRONMENTAL MANAGEMENT
COMMISSION
DAQ-2019-006
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST: )
PIEDMONT COMPOSITES AND ) FINAL DECISION
TOOLING, LLC )
THIS MATTER came before the Civil Penalty Remissions Committee ("Committee") of
the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-
282.1, on September 12, 2019, upon the recommendation of the Director of the Division of Air
Quality ("DAQ"), Michael A. Abraczinskas, ("Director') for entry of a final decision on the
assessment of a civil penalty and investigation costs against Piedmont Composites and Tooling,
LLC, owned and operated by its President, David N. Himebaugh totaling Two Thousands Two
Hundred Seventy One Dollars($2,271.00).
On April 5, 2019, Piedmont Composites and Tooling, LLC was assessed a civil penalty of
$4,542.00,which include a civil penalty of$4,360.00 and$182.00 in investigation costs. The civil
penalty was based on the following violations,as described in the penalty assessment document: 1)
four(4)violations of Air Permit No. 09941T03, Specific Condition and Limitation No. 2.1.A.2.c.i
(15A NCAC 2D.1111, "Maximum Achievable Control Technology") as promulgated in 40 CFR
63 Subpart WWWW, `NESHAP for Reinforced Plastic Composites Production" for failure to
conduct calculations for months to demonstrate that, on average, they met the individual organic
HAP emission limits for each unique combination of operation type and resin application method
or gel coat type listed in their permit for each individual resin or gel coat used for the last 12 months;
and 2) four (4) violations of Air Permit No. 09941 T03, Specific Condition and Limitation No.

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2.1.B.3.b (15 NCAC 2Q .0317, "NESHAP Avoidance Condition for Surface Coating of Plastic
Parts and Products 40 CFR 63, Subpart PPPP")for failure to conduct calculations for four months
to demonstrate total gallons of HAP coatings used to coat plastic parts or products on monthly basis
to ensure compliance with the rolling 12 consecutive month limitation for the months of August
2018 through November 2018.
On May 01, 2019, DAQ received a request for remission from Piedmont Composites and
Tooling including a"Justification for Remission Request." On May 6, 2019,DAQ also received a
"Waiver of Rights to an Administrative Hearing and Stipulation of Facts."The Director considered
the request for remission of the assessed penalty and the justification submitted by Piedmont
Composites and Tooling as well as the required statutory factors, and he found grounds to remit the
civil penalty by$120.00,resulting in a total penalty of$4,240 plus $182.00 in enforcement costs.
On September 12, 2019, Piedmont Composites' request for remission and the Director's
recommendation were presented to the Civil Penalty Remissions Committee for consideration.
Through its president,Mr.Himebaugh,Piedmont Composites submitted a request for oral argument
and Mr. Himebaugh was allowed to address the Committee.
Having considered the facts contained in the record, the oral presentations by Mr.
Himebaugh and by Mr.Gary Saunders,supervisor of DAQ's Stationery Source Compliance Branch
and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Civil Penalty Remissions
Committee finds and incorporates herein the facts contained in the Director's Findings and Decision
and Assessment of Civil Penalties as stipulated to by Mr. Himebaugh. Additionally the Committee
concludes that the record supports the Findings of Fact herein. The Findings of Fact in turn support
these Conclusions of Law.Notwithstanding this conclusion, the Committee further concludes that

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grounds have been shown by Piedmont Composites or are in the record to support the request for
reduction of the penalty and that the civil penalty assessment should be reduced based on the
following statutory factors:
• Piedmont Composites promptly abated continuing environmental damage resulting
from the damage (N.C.G.S. § 143B-282.1(c)(2));
• Piedmont Composites has not been assessed civil penalties for any previous violations,
as a previously assessed penalty was issued against the former owner of the facility and
holder of the permit at issue(N.C.G.S. § 143B-282.1(c)(4)); and
• The Committee also considered the cost to the State of the enforcement procedures,
including in the two separate investigations of reported violations occurring on June 22
and June 29, 2017 (N.C.G.S. §§ 143B-282.I(b)(8)and-282.1(c)(1))
Upon duly made motion and vote, the Committee concludes that the civil penalty
assessment with investigative costs should be upheld in the reduced amount of Two Thousand
Three Hundred Two Dollars ($2,302.00) ($2,180 for two civil penalties based on the statutory
factors,plus$182.00 for investigative costs).
THEREFORE, IT IS ORDERED AND ADJUDGED that:
1. Piedmont Composites and Tooling, LLC shall pay the reduced civil penalty and
investigative costs in the total amount of Two Thousand Three Hundred Two Dollars($2,302.00)
2. This Final Decision and Order shall be served upon Piedmont Composites and
Tooling,LLC,and upon receipt hereof,the amount of Two Thousand Three Hundred Two Dollars
($2,302.00) shall be paid to the Department of Environmental Quality within thirty (30) days as
required by law.

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This is the 17th day of January,2020.
OY-�-0 C2,
Dr.A. Stanley Meiburg,Chairman
Environmental Management Commission

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CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. David N.Himebaugh, President CERTIFIED MATU/RETURN RECEIPT
Piedmont Composites and Tooling; LLC Receipt No.: 7002 3150 0000 1313 5647 and
33 Lewittes Road and electronically at:
Taylorsville,NC 28681 [e-mail]
Ms.Amy Vanderkop electronically: [e-mail]
Compliance Oversight Unit
1641 Mail Service Center
Raleigh,North Carolina 27699-1617
This is the 17th day of January, 2020.
JOSH STEIN
Attorney General
r
hillrp T. Reynolds
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh,N.C. 27602-0629