DEQ-CFW_00085787

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Air Quality
6 January 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Karen B. Wrigley, Plant Manager
E.I. du Pont de Nemours & Co., LLC
DBA, DuPont Company — Fayetteville Works
22828 NC Highway 87 West
Duart Township, North Carolina 28306-7332
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
SUBJECT: Notice of Violation/Notice of Recommendation for Enforcement:
NCGS 143-215.108 "Control of Sources of Air Pollution; Permits Required"
DuPont Company — Fayetteville Works, Air Permit No. 03735T33
Duart Township, NC, Bladen County 06/09-00009
Dear Ms. Wrigley:
On 8 December 2008, the Fayetteville Regional Office (FRO), Division of Air Quality
(DAQ) received an application for DuPont Company — Fayetteville Works, in Duart Township,
Bladen County, NC. The modification application requested the addition of a natural gas / No. 2
fuel oil -fired boiler, HFPO product cylinder decontamination process, Vinyl Ethers North
product cylinder decontamination process, and Vinyl Ethers South product cylinder
decontamination process. The decontamination processes were not previously listed on your air
permit and all appear to exceed the 5 tons of VOC per year threshold for permitting. Therefore,
your facility has been operating in violation of their current air permit, Air Permit No. 03735T33.
The violation is described in detail below.
NCGS 143-215.108 "Control of Sources of Air Pollution; Permits Required" — The
modification application lists three decontamination processes with the potential to
emit as follows: HFPO Product Cylinder Decontamination (100.3 TPY), Vinyl
Ethers North Product Cylinder Decontamination (20.6 TPY), and Vinyl Ethers
South Product Cylinder Decontamination (10.7 TPY). Per phone conversations, it
appears that these have been active sources for numerous years. North Carolina
General Statute (NCGS) 143-215.108, "Control of Sources of Air Pollution;
Permits Required," and General Condition Section 3.A. states that a facility cannot
build or operate any equipment that may result in the emission of an air contaminate
without an air permit. The referenced application is currently being processed to
include these as emission sources on your air permit.
Fayetteville Regional Office — Division of Air Quality One
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 NOrthCdrolhla
Main Phone: [phone] \ DAQ Fax: [phone] \ Internet: http://www.ncair.org /
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Rtla.;
DEQ-CFW 00085787

NOV/NRE — DuPont Company — Fayetteville Works
6 January 2009
Page 2
As stated in the subject above, this letter represents not only a Notice of Violation for
operating an air pollution source without first obtaining an air permit, but puts you on notice that
an enforcement report is being prepared by this office addressing the violation. The above
violation, and any future violation of an air quality regulation are subject to the assessment of
civil penalties as per North Carolina General Statute 143-215.114A. This General Statute
provides that civil penalties of not more than twenty-five thousand ($25,000) may be assessed
against any person who violates any classification, standard, or limitation established pursuant to
General Statute 143-215.107, Air Quality Standards and Classifications.. In addition, each day of
continuing violation after written notification from the Division of Air Quality shall be
considered a separate offense. Please be advised that neither this letter, nor any subsequent
action, absolves you from responsibility for any violation or damage to public or private property
or from any enforcement action available to this agency. In addition, please refer to the enclosed
Pollution Prevention/Small Business insert for further information if you need assistance.
Please submit a written response to this Office by 21 January 2009, as to actions
taken to bring about compliance and any additional information or description of any mitigating
circumstances in reference to the violation. As part of this response, please provide the
following information:
(1) A general description of each operation;
(2) A description of the pollutants being emitted from these processes;
(3) An explanation of how the violation was discovered;
(4) The startup dates and modification dates, if applicable, of each operation;
(5) The calculated potential emissions of each operation prior to and following any
process modifications; and
(6) The actual emissions for each operation for at least two years prior to any process
modifications and two years following the modifications.
The Fayetteville Regional Office, Division of Air Quality appreciates your prompt
attention to this matter. If you have any questions regarding this matter or if we can provide any
additional information or assistance, please call Christy Richardson, Environmental Engineer, or
Robert Hayden, Compliance Coordinator, at [phone].
cereiy,
i
Steven F. Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV\ctr
Enclosures: P2 Brochure
cc: DAQ Central Files
FRO Files
DEQ-CFW 00085788