DEQ-CFW_00073878

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Beverly Eaves Perdue B. Keith Overcash, P.E.
Governor Director
CERTIFIED MAIL RETURN RECEIPT RE011 ESTE_D_.
Dee Freeman
Secretary
7002 2410 0003 0262 2270 RECEIVED
�/
April 30, 2009
MAY 05 2009.
Ms. Karen Wrigley, Plant Manager
DuPont Company - Fayetteville Works DENR
22828 NC Highway 87 West FAYET EVILLE REGIONAL OFFICE
Fayetteville, NC 28306
SUBJECT: Civil Penalty Assessment for Violation(s)
NC General Statutes NCGS 143-215.108 Control of sources of air pollution; permits required.
File No., DAQ 2009-049
Violator: DuPont Company - Fayetteville -Works
County: Bladen
Facility ID: 0900009
Deal- Ms. Wrigley:
This letter transmits notice of civil penalty assessed against DuPont Company - Fayetteville Works in the
amount of $3,000 and $285 investigative costs, for a total of $3,285.
8nclosed is a copy of the assessment document explaining this. penalty. This action was taken under the
authority vested in me by the delegation. pursuant to North Carolina General Statutes-(NCGS) 143-215.114A(d)
Any. -new or continuing violation(s) may be the subject of a new enforcement action, including additional
Penalty.,
You must take one of the three actions outlined below within thirty (30) days from the date of receipt of
dais letter. Please be advised that if you fail to exercise one of the following options within thirty-(30) days,
you will lose your right to appeal or contest ►His arse and your case ►pill be forwarded to the -Attorney
General's Office for collection.
1.. Submit payment of the penalty:
Payment should be made directly to the order of the North Carolina Department.of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when submitting payment. Payment of
the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
1641 Mail Service Center, Raleigh, North Carolina 27699.164i
2728 Capital itvd., Raleigh, North Carolina 27604
Phone; 919-733-17281 FAX; 919-733-18121 Internet: www.ncair.org/
An Equal Opporlunity IAffirmalive Acton Emplwvt
011C
DEQ-CFW 00073878

dk
Ms. 'Wrigley
April 30, 2009
Page 2
Enforcement Croup - Payment
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
Please be advised, that it is•the policy for NCDENA to charge and collect a processing fee of $25.00 for
checks on which payment has been refused by the bank because of insufficient funds or because of an
invalid bank account.
OR
2: Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for.re►nission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements
contained in the civil penalty assessment document. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing
and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement
that establishes why you believe the civil penalty should be remitted, and submit it to the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether 6ne or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
' - wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage, resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The Director of the Division of Air Quality
(DA,Q) will review your evidence and inform you of his decision in the matter of your remission request. The
response will provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed "Justification for
Remission Request." Both forms should be submitted to the following address:
DEQ-CFW 00073879

Ms. Wrigley l
April 30, 2009 I
Page 3
Enforcement Group - Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearing (OAH).
You must file the petition with the OAH within thirty (30) days of receipt .of this notice. 'A: petition isconsidered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OAH. The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address for the OAH is as follows.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on NCDENR as follows:
Mary Penny Thompgon, General Counsel
North Carolina Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the DAQ case number, as found on Page 1 of this letter; on your petition to OAH.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
maybe assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter, please contact Betty Gatano at (919) 73.3-I478.
Sincerely,
C
Sheila C. Holman
Enclosures: Assessment Document
cc: Steven F. Vozzo, Supervisor Fayetteville Regional Office:
Enforcement File (DAQ 2.009-049)
DEQ-CFW 00073880

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF:
E.I.DU PONT DE NEMOURS & CO., LLC
DBA, DUPONT COMPANY —
FA'YETTEVILLE WORKS
FOR VIOLATION OF:
NCGS 143-215.108 "CONTROL OF
SOURCES OF AIR POLLUTION;
PERMITS REQUIRED" IN
CONSTRUCTING AND/OR OPERATING
AN AIR CONTAMINANT SOURCE
WITHOUT A PERMIT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
CASE NUMBER 2009-049
CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila C. Holman,
Deputy Director of the Division of Air Quality (DAQ), make the following:
FINDINGS OF FACT:
A. E.I. du Pont de Nemours & Co., LLC, dba DuPont Company — Fayetteville Works, is a
chemical manufacturing facility operating at 22828 NC Highway 87 West, Duart
Township, Bladen County, North Carolina. The facility consists of six individual
manufacturing plants, a boiler house and a waste treatment operation.
B. DuPont Company — Fayetteville Works holds a Title V Air Permit. The effective permit
at the time the violations were discovered was Air Permit No. 03735T33, which was
issued on 4 August 2008 with an expiration date of 31 January 2009,
C. General Condition 3.A.6. of Air Permit No. 03735T33 states:
Any stationary source of air pollution shall not be operated, maintained, or modified without the
appropriate and valid permits issued by the DAQ, unless the source is exempted by rule. The
DAQ may issue a permit only after it receives reasonable assurance that the installation will not
cause air pollution in violation of any of the applicable requirements. A permitted installation
may only be operated, maintained, constructed, expanded, or modified in a manner that is
consistent with the terms of this permit.
D. On 8 December 2008, the Division of Air Quality Fayetteville Regional Office (DAQ
FRO) received a Title V Air Permit Modification Application from DuPont Company —
Fayetteville Works. The permit application included the addition -of three product
cylinder decontamination processes that were existing sources with potential to emit
greater than five tons of volatile organic compounds (VOC) per year. These sources vent
residual product (VOC) to the atmosphere during a purging process of one -ton cylinders
DEQ-CFW 00073881

E.I. du Pont de Nemours & Co., LLC
dba, DuPont Company — Fayetteville Works
DAQ Case No. 2009-049
Page 2 -
and ISO tank containers that are returned from the customer and reused by DuPont.
These operations have always been part of the overall container process. According to
the permit application, -.the actual emissions from the Hexafluoropropylene oxide (HFPO)
Product Cylinder Decontamination Process were estimated to be 37.1 tons of VOC during
2008. Potential emissions from this source were calculated to be 100.3 tons of VOC per
year. Potential VOC emissions from the Vinyl Ethers North Product Cylinder
Decontamination Process and Vinyl Ethers South Product Cylinder Decontamination
Process were calculated to be 20.6 tons per year and 10.7 tons per year, respectively. The
application also requested a PSD avoidance limit be added to the air permit for the HFPO
Product Cylinder Decontamination Process.
E. A Notice of Violation / Notice of Recommendation of Enforcement (NOV/NRE) was
issued to the facility on 6 January 2009, citing the above violations. The NOV/NRE
asked for a description of pollutants being emitted from the aforemientioned processes,
explanation of how the violation was discovered, start-up dates, and calculated emissions
from each source.
F. On 21 January 2009, DAQ FRO received a response to the NOV/NRE from DuPont
Company FayetteviIle'Works. The response indicated that a company engineer realized
these sources were unpermitted while reviewing results of a calculation performed to
estimate annual losses from -the decontamination process. An application was submitted
to DAQ following this observation. The pollutants being emitted from these processes
are VOC. The Vinyl Ethers North Decontamination process also emits a water-soluble
acid fluoride, which is reported as the molar. equivalent of -hydrogen fluoride.
G. According to the NOV/NRE response letter, the startup dates, potential emission
estimates, and actual emissions estimates for calendar years 2006, 2007, and 2008 for
each of the applicable operations are:
Potential
2006 Actual,
2007 Actual
2008 Actual
Deconthiniriation.,
Start-
VOC
`VOC
VOC
VOC
unit'
up
Emissions
Emissions
Emissions
Emissions
Date
T-PY
TP
TPY
TP
HFPO
1980
100
39.2
36.6
33:8
Vinyl Ethers North
1980
20.6
3.8
4.8
4.1
Vinyl Ethers South
1996
15.7
9.2
9.6
9.7
DEQ-CFW 00073882

E.I. du Pont de Nemours & Co., LLC
dba, DuPont Company — Fayetteville Works
DAQ Case No, 2009-049
Page 3
H. Air Permit No. 03735T34, which included the HFPO and Vinyl Ethers North.and South
Units, was issued on 15 January 2009 with an expiration date of 31 January 2009.
1. Air Quality Compliance and Enforcement History.
• An NOV was issued on November 30, 2007 for failure to submit a complete Part lI
Title V application for a temporary boiler within twelve months of commencing
operation.
J. The costs of investigation or inspection in this matter totaled $285.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. E.T. du Pont de Nemours & Co., LLC, dba DuPont Company — Fayetteville
Works, was in violation of G.S 143-215.108 "Control of Sources of Air Pollution;
Permits Required" for constructing and/or operating three product
decontamination units without a permit, as stated in Part I, Findings of Fact,
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 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DEQ-CFW 00073883

1i
E.I. du Pont de Nemours & Co., LLC
dba, DuPont Company — Fayetteville Works
DAQ Case No. 2009-049
Page 4
III. DECISION:
E.I. du Pont de Nemours & Co., LLC, DBA, DuPont Company — Fayetteville Works is
hereby assessed a civil penalty of:
$ 0.00 for one (1) violation of G.S. 143-215.108 in constructing
and/or operating an air contaminant sources without a permit
discovered on 8 December 2008.
$ ?,coo.oa TOTAL CIVIL PENALTY, which is i Z— percent of the
maximum penalty authorized by G.S. 143-215.114A.
$ 285 Investigation costs
$ Z S. DD 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.l (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.
3a001
Date Sheila C. Holman, Deputy Director
Division of Air Quality
DEQ-CFW 00073884