DEQ-CFW_00087025

UNITED STATES ENVIRONMENTAL NTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF:
E.I. DuPont - Fayetteville Works
Fayetteville, North Carolina )
RESPONDENT )
Docket No. CAA-04-2005-1752
Proceeding Under Clean Air Act,
Section 113 (a)(3)(B)
COMPLIANCE ORDER
I. STATUTORY AUTHORITY
This Compliance Order (Order) is issued under the authority vested in the Administrator
of the U.S. Environmental Protection Agency (EPA) by Section 113(a) of the Clean Air Act (the
Act), 42 U.S.C.§ 7413(a). The Administrator has delegated this authority.to the Regional
Administrator of EPA, Region 4, who in turn delegated it to the Director, Air, Pesticides and
Toxics Management Division of EPA, Region 4 (Complainant).
II. FINDINGS
1. E.I. DuPont - Fayetteville Works '(Respondent), is the owner and operator of a Part 70
source located in Fayetteville (Bladen County), North Carolina, which is subject to the
requirements of 40 C.F.R. Part 70, as approved by EPA for the State of North Carolina on
November 15,1995, in 60 FR 57957-57361(November 15,1995), and North Carolina
regulations at Section 2Q.0500.
2. Pursuant to 40 C.F.R. § 70.1(b), all sources subject to 40 C.F.R. Part 70 shall have a
permit to operate that assures compliance by the source with all applicable requirements, as k
defined by 40 C.F.R. § 70.2.
3. In accordance with the requirements of 40 C.F.R. Part 70 and North Carolina `?
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regulations at Section 2Q.0500, Respondent was issued a Title V operating permit by the State of
North=Carolina on May28, 2004.
4. Pursuant to Section 503(b)(2) of the Act, 42 U.S.C. § 766lb(b)(2), and 40 C.F.R.
§ 70.5(cx9) and 70.6(c)(5), the permittee is'required to periodically (but no less frequently than
annually) certify that the facility is in compliance with all applicable requirements, of the permit..
5. Pursuant to 40 C.F.R. § 70.6(c)(5), the permittee is required to submit all compliance
certifications to the Administrator as well as to the permitting authority..
6. Pursuant to Section 3, General Permit Provisions, Subsection P, Compliance
Certification, of the Respondent's permit, Respondent was required to submit a compliance
certification for calendar year 2004 to the Regional Administrator of EPA, Region 4 by
January 30, 2005.
7. According to EPA records for compliance certifications, as of March 15, 2005,
Respondent had not submitted a compliance certification to the Regional Administrator of EPAA,.
Region 4.-
Based upon the findings set forth above, IT TS HEREBY ORDERED, pursuant to
Section 1,13(a)(3)(B) of the Act, 42 U.S.C. § 7413(a)(3)(8):
8. The provisions of this Order shall apply to Respondent and its officers, agents,
servants, employees, successors, and to all persons, firms, and corporations acting under,
through, or for Respondent.
9. Respondent shall submit to the Regional Administrator of EPA, Region 4, a
certification of compliance with permit terms and conditions in accordance with 40 C.F.R.
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§ 70.6(c)(5), including emission limitations, standards or work practices for calendar year 2004,
within fourteen (14) calendar clays of receipt of this Order.
10. This Order only addresses the Respondent's responsibilities under 40 C.F.R. Part 70
and in no way affects Respondent's obligations to comply with other local, state, or federal laws
and regulations.
11. If Respondent fails to comply with the above, EPA has the right to take enforcement
action for. failure to comply with this Order.
12. This Order is effective upon receipt by Respondent.
IV. ENFORCEMENT
- Section 113(a) of the Act provides that EPA may take any of the following enforcement
actions based upon the findings of this Order and/or failure to comply with the above Order:
- issue an administrative penalty order pursuant to Section 113(d)
of the Act for civil administrative penalties of up to '$32,500-per
day of violation; or
- bring a civil action pursuant to Section 113(b) of the Act for
injunctive relief or civil penalties of not more than $32,500 per
day for each violation.
Furthermore, for any person who knowingly violates the provisions of the Act as set forth
in Section 113(c), Section 113(c) provides for criminal penalties or imprisonment,or both.
Under Section 306 of the Act, the regulations.promulgated thereunder (40 C.F.R. Part 15), and
Executive Order 11738, facilities to be utilized in federal contracts, grants, and loans, must be in
full compliance with the Act and all regulations promulgated thereto. Violation of the Act may
result in the subject facility or other facilities owned or operated by the Respondent being
declared ineligible for participation in any Federal contract, grant or loan program.
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V. PENALTY ASSESSMENT CRITERIA
If a penalty is assessed under Sections 113(b) or (d), Section 113(e)(1) of the Act states
that the Administrator or the court, as appropriate, shall, in determining the amount of penalty to
be assessed, take into consideration (in addition to such other factors as justice may require) the
size of the business, the economic impact of the penalty on the business, the violator's full
compliance history and good faith efforts to comply, the duration of the violation as established
by any credible evidence (including evidence other than the applicable test method), payment by
the violator of penalties previgusly assessed for the same violation, the economic benefit of non-
compliance, and the seriousness of the violation.
Section 113(e)(2) of the Act allows the Administrator_ or the court to assess a penalty for
each day of the violation. For purposes of determining the number of days of the violation,
where EPA makes a vrima facie showing that the conduct or events giving rise to. this violation
are likely to have continued or recurred past the date of this notice or any prior notice of the same
violation, the days of violation shall be presumed to include the date of the notice and each and
everyday thereafter until Respondent establishes that continuous compliance has been achieved,
except to. the extent that Respondent can prove by the preponderance of the evidence that there
were intervening days during which no violation occurred or that violation was not continuing in
nature.
This Order does not prevent the State or EPA from assessing any penalties nor otherwise
affect or limit the State's or the United States' authority to enforce under other provisions of the
Act, nor affect any person's obligations to comply with a term or condition of any permit or
applicable implementation plan.
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VI. EFFECTIVE DATE
In accordance with Section 113(a)(4) of the Act, EPA is providing Respondent with an
opportunity for a conference to discuss the violation which is the subject of this Order. If
Respondent does not request a conference within seven (7)calendar days of receipt of this Order,
,or cannot meet with EPA within fourteen (14) calendar days of receipt of this Order, this Order
shall be effective immediately upon receipt by Respondent. ,If a conference is held between
Respondent and EPA, Region 4, this order shall become effective upon the day of the conference
unless otherwise agreed upon at,the conference. The conference, if requested, will afford
Respondent an opportunity to present information bearing on the findings of this Order, on any
efforts Respondent has taken to achieve compliance, and on the steps Respondent proposes to
take to achieve compliance.
Dat4 of fisuance
verly H. Banister
Director
Air, Pesticides and Toxics
Management Division
W1
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