CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tommy Langston, Plant Manager
Allen Canning Company
5900 Turkey Highway
Turkey, NC 28393
SUBJECT: Notice of Violation – General Condition P, “Compliance Certification”
Allen Canning Company, Permit No. 04298T09
Sampson County, Turkey, NC
Facility ID No. 06/82-00090
Dear Mr. Langston:
On 30 January 2006, Heather Hawkins of the Fayetteville Regional Office, Division of Air Quality (FRO DAQ), received the submittal of the Annual Compliance Certification for calendar year 2005 for your facility, Allen Canning Co., located at 5900 Turkey Hwy, near Turkey, Sampson County, NC. This certification was required to be submitted to this office by 30 January 2006, pursuant to your permit, Section 3, General Conditions, P, “Compliance Certification.” The subsequent completeness review of the documents submitted showed that the certification was incomplete. A follow-up call to Ms. Kathryn Yeager, Corporate Environmental Specialist for Allen Canning, Co., resulted in the 14 February 2006 submittal of the missing documentation.
During the review of the complete documentation it was discovered that there were errors in the reporting. You reported that there were no deviations of the following permit conditions: 2.1.A.3(e), 2D .0521 “Opacity Observation Records;” 2.1.A.5.(d), 2D .0530 “Monthly Sulfur Dioxide Emissions;” and General Condition 3.X “Annual Emission Inventory Requirement.” This office issued Allen Canning Company a Notice of Violation (NOV) dated 24 June 2005, for violation of 15A NCAC 2D .0521 and 15A NCAC 2D .0530, in addition to a Civil Penalty Assessment, issued by the Director’s office on 21 July 2005, for failure to submit the Calendar Year 2004 Emission Inventory by the required deadline. Therefore, Allen Canning Company is in violation of General Condition P “Compliance Certification” for failure to submit a complete and accurate certification.
As stated in the "subject" above, this letter represents a Notice of Violation for the incomplete and inaccurate compliance certification submitted by your facility. The above violation, and any future violation(s) of an air quality regulation are subject to the assessment of civil penalties according to North Carolina General Statute 143-215.114A. This General Statute provides that civil penalties of not more than ten thousand dollars ($10,000) may be assessed against any person who violates or fails to act in accordance with terms, conditions, or requirements of such permits pursuant to General Statute 143-715.114(a)(2). In addition, each instance of continuing violation after written notification from the Division of Air Quality will be considered a separate offense.
The DAQ requests that Allen Canning Company consider pollution prevention as a potential way to reduce emissions from your facility. If you need assistance in identifying pollution prevention opportunities to help meet your compliance requirements, you may contact the Division of Pollution Prevention and Environmental Assistance (DPPEA) at 1-800-763-0136 or www.p2pays.org. The DPPEA has experienced personnel that provide free and confidential pollution prevention opportunity assessments to help North Carolina businesses and industries reduce air emissions and releases to other environmental media. Please indicate in your written response if you have contacted DPPEA in regards to this issue and the outcome of that contact.
Please submit a written response to this office by 4 August 2006, as to actions taken to bring about compliance and any additional information or description of any mitigating circumstances in reference to the violation. We appreciate your immediate attention to this environmental concern. If you have any questions, please call Ms. Heather Hawkins, Environmental Specialist, or Mr. Robert Hayden, Environmental Engineer, at (910) 433-3363 or (910) 433-3365, respectively.
Sincerely,
Steven F. Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
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DAQ Central Files
FRO Facility Files