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HomeMy WebLinkAboutAQ_F_0400009_20191009_ENF_Enf-FND STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COUNTY OF ANSON COMMISSION IN THE MATTER OF: ) CASE NUMBER 2019-055 HORNWOOD INC ) FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT 15A NCAC 02D .0521 "CONTROL OF ) VISIBLE EMISSIONS" ) 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: I. FINDINGS OF FACT: A. Hornwood Inc(Facility ID: 0400009) is a textile manufacturing facility that warps, weaves, dyes, and heat sets various yarn products in Lilesville,NC in Anson County. B. On 23 May 2014, the Hornwood Inc facility was issued an air quality permit(Air Permit No. 04888R14)with an expiration date of 30 April 2022. C. Permit 04888R14, Specific Limitation and Condition 2.1. A.6., 15A NCAC 02D .0521 "Control of Visible Emissions,"requires that visible emissions from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six-minute period, except that six-minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. D. On 9 April 2019, Jeffrey Cole and Evangelyn Lowery-Jacobs of the Fayetteville Regional Office, Division of Air Quality(FRO DAQ) conducted an air quality compliance inspection at the Homwood Inc. During the inspection, Mr. Cole and Ms. Lowery-Jacobs noted excessive particulate emissions coming from Condenser/Mist Eliminator(ES ID No. CD-1). They conducted a 24-minute, Method 9 Visible Emissions Evaluation on the emission release point for Tenter No. 3,resulting in a calculated average opacity for the four 6-minute periods of 30.0%, 30.6%, 31.0% and 31.0%,respectively. E. On 26 April 2019,this office issued your facility a Notice of Violation(NOV) for exceeding the visible emissions standard of 20%opacity as found in 15A NCAC 02D .0521 "Control of Visible Emissions." Hornwood Inc Case No. 2019-055 Page 2 F. On 13 May 2019, FRO DAQ received a response from Hornwood Inc. The response indicated the visible emission violations were due to facility personnel failing to follow established procedures for the proper operation and maintenance of the Condenser/Mist Eliminators. G. On 31 May 2019, a Notice of Recommendation for Enforcement(NRE) letter was issued to Hornwood Inc, citing the violations discovered during the inspection with the return receipt dated 3 June 2019. H. Prior Air Quality History: 16 May 2016: Notice of Deficiency— 15A NCAC 2D .0524 New Source Performance Standards— Subpart Dc I. The costs of investigation or inspection in this matter totaled$554. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Homwood Inc was in violation of 15A NCAC 02D .0521 "Control of Visible Emissions,"for exceeding the visible emissions standard of 20% opacity a total of 3 times during an inspection on 9 April 2019. B. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five thousand dollars ($25,000)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. Hornwood hie Case No. 2019-055 Page 3 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Hornwood Inc is hereby assessed a civil penalty of $ 2. '00•n0 For three(3)violations of 15A NCAC 02D .0521 "Control of Visible Emissions" $ Z Sao.o TOTAL CIVIL PENALTY,which is 3.3 percent of the maximum penalty authorized by G.S. 143-215.114A. $ 554 Investigation costs $ 9051. 60 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-282.1(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(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, Direc Division of Air Quality