AQ_F_0800107_20180204_ENF_Enf-FND

NORTH CAROLINA
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. DAQ 2018-060
COUNTY OF BERTIE
IN THE MATTER OF: )
W. E. PARTNERS II, LLC )
FOR VIOLATION OF: ) CIVIL PENALTY ASSESSMENT
AIR PERMIT 10126R03 )
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:
I. FINDINGS OF FACT:
A. W.E. Partners II, LLC (the facility) operates a permitted site located in Lewiston-Woodville, Bertie
County,North Carolina. The Facility identification number is 0800107.
B. The facility was issued Air Permit No. 10126R03 (permit) on December 8, 2016, with an expiration
date of October 31, 2024, for the construction and operation of air emissions sources or air cleaning
devices. This was the effective permit on the violation date of August 17, 2018.
C. Said permit contains a minimum operating parameter for the electrostatic precipitator(ID No. ESP-I)
per 40 CFR Subpart 63.11201(c) and Table 3, as defined in permit stipulation 11.e.ii.D., which states
(in part):
"ii. Demonstrating Continuous Compliance—For the electrostatic precipitator(ID No. ESP-1)
the Permittee shall: ...
D. Maintain the 30-day rolling average secondary electric power at or above the
minimum established during the most recent particulate performance testing. "
D. On August 17, 2018, the DAQ Washington Regional Office(WaRO)received an email notification
from the facility that they had discovered the transformer on the second field of the ESP had failed.
The email also stated that the secondary power 30-day rolling average had dropped below the
established parametric monitoring minimum limit of 3.4 kilowatts (kW)beginning June 28, 2018.
Based upon this date, the facility estimates that the transformer failed sometime in June 2018.
E. On August 24, 2018, the DAQ WaRO received emailed data file from the facility that contained the
hourly data from August 8, 2017 through August 7, 2018. This data documented the beginning of the
violation of the secondary power 30-day rolling average.
F. On September 20, 2018,WaRO issued a Notice of Violation/Notice of Recommendation for
Enforcement(NOV/NRE)to the facility stating:

W.E.Partners II,LLC
DAQ Case Number:2018-060
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i. 'failure of the ESP secondary power thirty-day rolling averages to meet the 3.4 kW minimum
is considered a continuing violation of 40CFR 63.11201(c), Table 3 of Subpart JJJJJJ, and
Permit Specific Condition IL e.ii.D", and
ii. "W K Partners II is considered in continuing violation of Permit General Condition R 6.,
`no emission source may be operated without the concurrent operation of its associated air
cleaning device(s) and appurtenances"', and
iii. "W E. Partners did not provide notification to the Division of Air Quality of the transformer
failure within two days of discovery... as required by 40 CFR Part 63, Subpart A, Section
63.10(d)(5)(i i)"
G. The September 20, 2018 NOV/NRE to the facility also stated,
"Since you stated the ESP is equipped and designed to meet the particulate emission limit with
one of two fields operational, the office requires that W.E. Partners II, LLC confirm compliance
by performing EPA Methods 1-5 particulate stack testing at the outlet of the ESP with only the
first field in operation."
H. On October 8, 2018,the facility emailed WaRO stating they had installed a new controller on the
first field of the ESP on September 19, 2018,which increased the secondary power to the first field
above the 3.4 kW minimum.
I. On October 10, 2018,in response to the NOV/NRE,W.E. Partners II, LLC conducted a compliance
demonstration source test with only the first field in operation. Preliminary results appear to indicate
compliance with the emission limit.
J. Air Quality Enforcement History:
1. An Notice of Deficiency(NOD)was issued on September 22,2014, for deficiencies in
collection and retention of ESP secondary voltage monitoring data in accordance with the
requirement in Subpart 6J. A deadline of November 30, 2014, was set for correcting the
deficiencies.
2. An NOV/NRE was issued on May 12, 2015, for failure to maintain records, and failure to
properly operate and maintain air pollution control equipment. The facility was assessed
under Case No. DAQ 2015-022 for$3545 and was paid in full.
3. An NOV/NRE was issued on November 22, 2016, for failure of the ESP secondary power
thirty-day rolling averages to meet the 3.4 kW minimum,which was a continuing violation of
40CFR 63.11201(c),Table 3 of Subpart JJJJJJ. The facility was assessed under Case No.
DAQ 2016-035 for$7739 and was paid in full.
4. An NOV was issued June 7, 2017, for failure to notify of testing.
K. The cost of investigation or inspection in this matter totaled$ 636.00.

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DAQ Case Number:2018-060
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Based upon the above Findings of Fact, I make the following:
I1. CONCLUSIONS OF LAW:
A. W.E. Partners II, LLC was in violation of 40 CFR 63.11201(c) and Table 3 of the Subpart 6J
NESHAP from June 28,2018 to September 19, 2018.
B. W.E. Partners 11, LLC was in violation of Permit General Condition B.6 from the unknown date of
failure in June of 2018 to October 10, 2018 (date of source test).
C. W.E. Partners II, LLC was in violation of 40 CFR Part 63, Subpart A, Section 63.1 0(d)(5)(ii) on
August 17, 2018, for failure to notify the DAQ of transformer failure within two days of discovering
the violation.
D. 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.
E. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection maybe 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:
II1. DECISION:
W.E. Partners II, LLC is hereby assessed a civil penalty of:
$ U. 00 for Eighty-three(83)violations of 40 CFR 63.11201(c) and Table
3, Operating outside of the permit requirements from June 28,
2018 to September 19,2018.
for one(1)violation of Permit General Condition B.6, Improper
Operation from June 2018 to October 10, 2018.
$_ for one(1)violation of 40 CFR Part 63, Subpart A, Section
63.10(d)(5)(ii), Late Notification.
$ 1 00. TOTAL CIVIL PENALTY,which is 0,91 percent of the
636.00 maximum penalty authorized band y G.S. 143-215.114A.
$ Investigation costs
$ -5 D q�, 0© 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.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;
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. . Director
Division of Air Quality