DAQ-2024-007839

HECEIVED BY
DEIDRE HENDERSON
Lieutenant Govemor
Department of
Environmental Quality
Kimberly D. Shelley
Execalive Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Director
SUPERINTENDENT'S OFFICE
ir0'J ! I 2023
OLEN CANYON NRA
DAQC-1228-23
Site ID: 14445 (Bl)November L0,2023
Sent Via Certified Mail No. 70190700000208346276
Todd Brindle
Glen Canyon NRA
691 Scenic View Road
P.O. Box 1507
Page,4286040
Dear Mr. Brindle:
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UTAH DEPARTMENT OF
ENVIRONMENTAL OUAIJW
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Re: Early Settlement Agreement - Glen Canyon NRA - Hite Ranger Station, San Juan County
On September 28,2023, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory
to Glen Canyon NRA Hite Ranger Station as a result of an inspection performed on June 6, 2023.
Glen Canyon NRA responded to the Compliance Advisory on October 26,2023. Based on the
findings of the inspection and response to the Compliance Advisory, the DAQ determined that
Glen Canyon NRA was in violation of:
l. Condition II.B.1.e, Approval Order (AO) DAQE-AN144450001-15:
The source has not complied with all conditions of 40 CFR 60, NSPS Subpart IIII.
2. 40 CFR 60, NSPS Subpart IIII condition $ 60.4211 (gX2):
The source has not conducted initial performance tests on generator engines designed for
emergency use only that are being used for non-emergency purposes.
Section lg-2-115 of the Utah Code provides that violatiorm or,n. 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 violation(s) of $589.
195 North 1950 West. Salt Lake City, UT
Mailing Address: P.O. Box 144820. Salt Lake City, UT 84114-4820
Telephone [phone]. Fax [phone] 'T.D.D. [phone]
hw.deq.utdh.gov
Printed on 100% recycled paper
DAQC-1228-23
Page 2
The monetary artrount,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. See the attached penalty worksheet for details.
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 of the same factors
and criteria in all cases. The DAQ acknowledges that the violation on June 6,2023, are being
addressed by Glen Canyon NRA through working with the DAQ to conduct stack testing and
evaluate if the engines installed are appropriate for non-emergency use.
If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:
I . Glen Canyon NRA agrees to pay a reduced civil penalty in the sum of $471 . Payment of a
civil penalty precludes further civil enforcement for the above described violation against. the named source. Glen Canyon NRA agrees to pay $471 of the stipulated penalty within
twenty (20) business days from the date you receive this Early Settlement Agreement.
2. The DAQ retains its authority to take any enforcement actions based on any and all
violations not specifically described above.
3. 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- I 30.
4. Entering into this Early Settlement Agreement shall not constitute an admission of
violation of the Act, the Utah Air Quality Rules, or the source's AO nor shall it be inferred
to be such an admission in any administrative 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 $471. 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/generaUpayment-portal.
DAQC-I228-23
Page 3
If you have any additional questions regarding this matter, please contact Chad Gilgen at
3 8 5-3 06-6500 or cgilgen@utah. gov.
Sincerely,
,4"rb/
Bryce C. Bird
Director
BCB:CG:rh
cc: San Juan Public Health Department
DAQC-1228-23
Page 4
Acceptance of Early Settlement Agreement
I have read the above Early Settlement Agreement and I agree to the terms and conditions thereof.
Glen CanyonNRA- Hite Rauger Station
Name: /rr/7.4- 7 r1/"r/",
Title: f,#/L/76
,ffi /4'?/as ,a^o-/ag-z3s,Signature Dat'e Telephone Number
DAQC-I228-23
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 of the 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.
Utah Division of Air Quality General Administrative Penalty Worksheet
Source:Glen Canyon NRA
Hite Ranser Station 1",".r, l.l
Site ID #:14445 I viot"tio, Date(s): | .lrn e 6,2023
I
HPV:No I .*ff,[* | ,u,
I
Citation Description of the
Violation Days Category Range Daily
Penaltv
Accumulated
Penaltv
AO Condition
II.B.1.e,40 CFR
60 Subpart IIII
Initial performance
tests were never
performed on
generator engines
designed for
emergency use only
that are being used
for non-emergency
DUTDOSeS
1 C
Up to
$2000
per
day
$s89 $s89
0
0
Total $589
20ohF,arly
Settlement
Ootion
$118
Total
Penaltv $471
(1) Category A. $7,000-10,000 per day.
DAQC-1228-23
Page 6
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 of approval 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:
DAQC-I228-23
PageT
(a) Violation of automobile emission
standards and requirements
(b) Violation of wood-burning regulations
by private individuals
(c) Open burning violations by private
individuals.
R307-130-3.
Adiustments.
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 of past 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.
0ptions.
Consideration may be given to suspension of monetary penalties in trade-off for 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 ate.
Gredlt Gard Payment Reeclpt
Your payment was successfully prcessed.
Please print this page as a receipt fur your records.
Item Quantr'ty ltem Total
Amount
PENATTY PAYMENT 1 $471.00 $471.00
Musf eiler DAQC or DAQA number
to identifytllle penalty payment
Total Amount $47{.00
Payment Processlns Detalls
Ordar Number: 0101396
Date of Tranractlon: lAnnOZg
Amount Charged: $47i.OO
Name on Card: Ryan Lamb
CrEdn Gatd Number: **.**,07il)
Crcdtt Gard Tlpe: Msa
DA eL - /zz8-23
12113123.6:14 AM secure.utah.gov/cart-admin/viewOrder.html?id=AGk3P08pjq
Division of Air Quality Order 0101396
PENALTY PAYMENT
Order Date: 1211212023
Ship Date: 1211312023
Price Per ltem: $471.00
Quantity Purchased:1
Subtotal: $471.00
Item Note:DAQC-1228-23 SITE lD: 14445 (81)
Order Total: $471.00
Ship To:
Glen Canyon NRA Ryan Lamb
Phone: [phone]
Email: [e-mail]
Notes:
Download Attachments
DEC 1 3 2023
DIVISION OF AIR OUALITY
https://secure.utah. gov/cart-admin/viewOrder.html?id=AGk3P08pjq