DAQ-2024-008182

Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Director
SPENCER J. COX
Goventor
DEIDRE HENDERSON
Lieutenanl Governor
May 15,2024 DAQC-137-24
SiteID 13031(B1)
Sent Via Certified Mail No. 70I90700000208346696
Tom Wiscomb
Pacificorp
1407 West North Temple
Salt Lake city, uT 84116
Dear Mr. Wiscomb:
Re: Early Settlement Agreement - Pacificorp Lake Side Power Plant, Utah County
On May 18,2023, Pacificorp conducted a PMro stack test on the Lake Side Power Plant Unit
CTll. Pacificorp reported that the PMro emissions from Unit CTI I were 14.7 lblhr (DAQ
calculated results were 14.3 lb/hr). The results show the emissions were above the PMro emission
limit of 10.8 lb/hr. Pacificorp performed a second test for PMro on Unit CTl1 on July 14,2023.
The result of that test was l3.l lblhr of PMro emissions, which was also above the emission limit.
A third test for PMro from Unit CTl l was conducted on August 4,2023. The result of that test
was 7.9 lb/hr. Based on the results of the PMro tests, the DAQ determined that Pacificorp was in
violation of:
l. Utah Administrative Code (UAC) R307-415 and Title V operating permit issued July 16,
2021, Condition II.B.2.g, which states in part:
"Emissions of PMro shall be no greater than 10.8 lb/hr (0.01 Ib/MMBTU) from each
HRSG stack..."
Unit CT11 exceeded the 10.8 lb/hr PMl0 emission limit on May 18, 2023 andJuly 14,
2023.
Section l9-2-ll5 of the Utah Code provides that violations of the Utah Air Conservation Act (the
Act) and/or any order issued thereunder may be subject to a civil penalty of up to $10,000 per day
for each violation. Based upon our civil penalty policy, we calculated a preliminary civil penalty
for the above listed violations of $10,000.
195 North 1950 West. Salt Lake City, UT
Mailing Address: P.O. Box 144820. Salt Lake City, UT 841144820
Telephone [phone]. Fax [phone]. T.D.D. [phone]
ww.deq.ulah.gov
Printed on 100% recycled paper
DAQC-137-24
Page2
The monetary amount of the DAQ settlement offer specified below is derived from a
pre-established schedule of penalties, which takes into account, among other factors, the
magnitude and severity of the violation, economic benefit, cooperation of the source as well as the
prior history of violations.
All parties we deal with, whether private, commercial, or governmental are treated similarly in the
settlement process. Early Settlement Agreements are based on the evaluation bf the same factors
and criteria in all cases. The DAQ acknowledges that the company took Unit CTl1 offline after
the violation May 18,2023, and only operated the unit for compliance testing purposes until a
return to compliance was demonstrated on August 4,2023.
If you are interested in settling these violations, we are authorized to offer settlement in
accordance with the DAQ Penalty Policy as follows:
t.Pacificorp agrees to pay a civil penalty in the sum of $10,000. Payment of a civil penalty
precludes further civil enforcement for the above described violation against the named
source. Pacificorp agrees to pay the $10,000 stipulated penalty within twenty (20) business
days from the date you receive this Early Settlement Agreement.
The DAQ retains its authority to take any enforcement actions based on any and all
violations not speciflrcally described above.
In the event any further violations of the Act, the Utah Air Quality Rules, the source's AO,
or the Director's Orders occur, the DAQ may consider the violation described above in
assessing a penalty for the subsequent violations, in accordance with the provisions of
Utah Administrative Code R307-l 30.
4. Entering into this Early Settlement Agreement shall not constitute an admission of
violation of the Act, the Utah Air Quality Rules, the source's AO or Title V operating
permit nor shall it be inferred to be such an admission in any adminishative or judicial
proceeding. The described violation will constitute part of the company compliance history
for any purpose for which such history is relevant to the DAQ.
This Early Settlement Agreement constitutes an offer of settlement and is not a demand for
payment. The Early Settlement Agreement reflects a reduced penalty for early settlement of this
matter.
If the above terms are acceptable to you, please sign and return this Early Settlement Agreement
and a check in the sum of $10,000. Submit the signed Early Settlement Agreement and check
made payable to the DAQ at the letterhead address within twenty (20) business days of receipt of
this Early Settlement Agreement. Electronic payments are also available on our website at:
https : //deq.utah. gov/general/payment-portal.
2.
J.
DAQC-137-24
Page 3
You may write or call to request a settlement conference with the DAQ representative listed
below. A conference must be scheduled within twenty (20) business days of your receipt of this
Early Settlement Agreement. If we do not receive a signed copy of this Early Settlement
Agreement and payment or other correspondence from you within twenty (20) business days of
your receipt, we will assume that you are not interested in resolving this matter as outlined above.
This Early Settlement Agreement is intended to quickly resolve the non-compliance issues listed
above and requires the immediate attention of your company. Failure to resolve this matter as
outlined above may result in this offer being revoked and/or having this matter referred to a
formal enforcement process, including filing a judicial case to collect penalties (up to $ 10,000 per
day for each violation) and compel compliance in the state district court.
If you have any additional questions regarding this matter, please contact Harold Burge at
385-306-6509 or by email at [e-mail].
Sincerely,
4--d
Bryce C. Bird
Director
BCB:RL:rh
cc: Utah County Health Department
D,!\QC-137-24
Page 4
Acceptance of Early Settlement Agreement
I have read the above Early Settlement Agreement and I agree to the terms and conditions thereof.
Company Name: Pacificorp Lake Side Power Plant '
Nams:
Title:
Signature Date Telephone Number
DAQC-L37 -24
Page 5
R307-130-1.
Scope.
This policy provides guidance to the director in negotiating with air pollution sources penalties for
consent agreements to resolve non-compliance situations. It is designed to be used to determine a
reasonable and appropriate penalty for the violations based on the nature and extent ofthe violations,
consideration of the economic benefit to the sources of non-compliance, and adjustments for specific
circumstances.
R307-130-2.
Categories.
Violations are grouped in four general categories based on the potential for harm and the nature and
extent ofthe violations. Penalty ranges for each category are listed.
Source:Pacificorp Lake Side
Power Plant Class:Major
Site ID #:13031 Yiolation Date(s):5 I 1812023 and 7 I I 4 I 2023
HPV:No DaYs to Resolution:814/2023 (80 davs)
Citation Description of
the Violation Days Category Range Daity
Penaltv
Accumulated
Penaltv
Title V
operating
permit
Condition
II.B.2.s
Exceeding PM10
Emission Limit
of 10.8Ib/hr on
slt8l2023 (14.3
lb/hr)
I B $2,000 to
7,000 $5,000 $5,ooo
Title V
operating
permit
Condition
II.B.2.s
Exceeding PM10
Emission Limit
of 10.8 lb/hr on
711412023 (13.r
lb/hr)
I B $2,000 to
7,000 $5,000 $5,000
Total $10.000
Economic
Bedefit
Total
Penaltv $10,000
DAQC-L37-24
Page 6
(1) Category A. $7,000-10,000 per day.
Violations with high potential for impact on public health and the environment including:
(a) Violation of emission standards and limitations of NESHAP.
(b) Emissions contributing to nonattainment area or PSD increment exceedances.
(c) Emissions resulting in documented public health effects and/or environmental damage.
(2) Category B. $2,000-7,000 per day.
Violations of the Utah Air Conservation Act, applicable State and Federal
regulations, and orders to include:
(a) Significant levels of emissions resulting from violations of emission limitations or
other regulations which are not within Category A.
(b) Substantial non-compliance with monitoring requirements.
(c) Significant violations ofapproval orders, compliance orders, and
consent agreements not within Category A.
(d) Significant and/or knowing violations of "notice of intent" and other notification
requirements, including those of NESHAP.
(e) Violations of reporting requirements of NESHAP.
(3) Category C. Up to $2,000 per day.
Minor violations of the Utah Air Conservation Act, applicable State and Federal Regulations and orders
having no significant public health or environmental impact to include:
(a) Reporting violations
(b) Minor violations of monitoring requirements, orders and agreements
(c) Minor violations of emission limitations or other regulatory requirements.
(4) Category D.Up to $299.00.
Violations of specific provisions of R307 which are considered minor to include;
(a) Violation of automobile emission standards and requirements
(b) Violation of wood-burning regulations by private individuals
(c) Open burning violations by private individuals.
DAQC-L37-24
Page 7
R307-130-3.
Adjustments.
The amount of the penalty within each category may be adjusted and/or suspended in part based upon the
following factors:
(l) Good faith efforts to comply or lack of good faith. Good faith takes into account the openness in
dealing with the violations, promptness in correction of problems, and the degree of cooperation with the
State to include accessibility to information and the amount of State effort necessary to bring the source
into compliance.
(2) Degree of willfulness and./or negligence. In assessing willfulness and./or negligence, factors to be
considered include how much control the violator had over and the foreseeability of the events
constituting the violation, whether the violator made or could have made reasonable efforts to prevent the
violation, and whether the violator knew of the legal requirements which were violated.
(3) History of compliance or non-compliance. History of non-compliance includes consideration of
previous violations and the resource costs to the State ofpast and current enforcement actions.
(4) Economic benefit of non-compliance. The amount of economic benefit to the source of non-
compliance would be added to any penalty amount determined under this policy.
(5) Inability to pay. An adjustment downward may be made or a delayed payment schedule may be used
based on a documented inability of the source to pay.
R307-130-4.
Options.
Consideration may be given to suspension of monetary penalties in trade-offfor expenditures resulting in
additional controls and/or emissions reductions beyond those required to meet existing requirements.
Consideration may be given to an increased amount of suspended penalty as a deterrent to future
violations where
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