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Home My WebLink AboutDAQ-2024-007294Department of Environmental Quality Kimberly D. Shelley Executive Director DTVISION OF AIR QUALITY Bryce C. Bird Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor November 17,2023 DAQC-1271-23 Site ID 14446 (BI) Sent Via Certified Mail No. 70190700000208346405 Nicky Coates TM Crushing, LLC P.O. Box 437 Lehi, UT 84043 Dear Ms. Coates: Re: Compliance Advisory - TM Crushing, LLC, Utah Administrative Code (UAC) R307-401, Approval Order (AO) DAQE-AN144460004-19,40 CFR Part63, Subpart ZZZZ, Utah County On July 27,2023, a representative of the Utah Division of Air Quality (DAQ) conducted an inspection of TM Crushing Talons Cove located at9569 Mount Airey Drive, Eagle Mountain, Utah. The DAQ observed a diesel-fired stationary generator engine powering operations associated with the secondary crushing plant. During a previous inspection conducted on June 24, 202I, the DAQ observed that TM Crushing had been operating the same stationary generator engine at the secondary crushing plant for more than ayear. TM Crushing was directed to either add the generator engine to the AO or remove it no later than December 21,2021. Failure to submit a Notice of lntent and receive an AO prior to operating the regulated equipment is a potential violation of UAC R307-401 and condition I.3 of AO DAQE-AN144460004-19. Failure to perform stack testing on applicable diesel-fueled generator engines may be in violation of 40 CFR Part 63 Subpart ZZZZ. TM Crushing is required to comply with the above regulations. A written response to this letter is required within ten (10) business days of receipt of this letter. 195 North 1950 West. Salt Lake City, UT Mailing Address: P.O. Box 144820. Salt Lake City, UT 84114-4820 Telephone (801) 5364000 . Fax (801) 5364099 . T.D.D. (801) 903-3978 ww.deq.utah.gov Printed on 100% recycled paper DAQC-I271-23 Page2 Additional details about the above observations and regulations are attached to this letter. Please contact Irene Tucker at 385-3 06-6521or itucker@utah.gov if you have any questions about this letter. Sincerely, L4,4r-q; Chad Gilgen, Manager Minor Source Compliance Section CG:rh cc: Utah County Health Department Alan Humpherys, Manager, Minor Source NSR Section DAQC-I27t-23 Page 3 Potential Violation(s) During an inspection conducted on Jwe24,2021, the DAQ observed that TM Crushing had been operating a stationary generator engine at the secondary plant for more than ayear, and at that time had recommended to TM Crushing to either add the generator engine to the AO or remove it no later than December 2I,2021 (see DAQC-1321-21). According to another inspection conducted by the DAQ on July 27,2023, TM Crushing has still not added the generator engine to the AO. Failure to submit a Notice of Intent and receive an Approval Order prior to operating regulated equipment is a potential violation of UAC R307-401 and condition I.3 of AO DAQE-AN104060010-19. Failure to perform stack testing on applicable diesel-fueled generator engines may be a violation of 40 CFR Part 63 Subpart ZZZZ. AO Conditions/Rules R307-401-5. Notice of Intent. (l) Except as provided in Sections R307401-9 through R307-401-17, any person subject to Rule R307-401 shall submit a notice of intent to the director and receive an approval order precedent to the construction, modification, installation, establishment, or relocation of an air pollutant source or indirect source. The notice of intent shall be in a format specified by the director. DAQE-AN 144460004-1 9 Condition I.3 : Modifications to the equipment or processes approved by this AO that could affect the emissions covered by this AO must be reviewed and approved. [R307-401-l] 40 CFR Part 63 Subpart ZZZZ Table 2d# 3 states: Non-Emergency, non-black start CI stationary RICE >500 HP mus[ A. Limit concentration of CO in the stationary RICE exhaust to 23 ppmvd at l5Yo 02; or B. Reduce CO ernissions by 70 percent or more. The source shall demonstrate compliance with the above requirements by conducting a stack testing using the requirements and procedures in 40 CFR 63.6620 and Table 4 to Subpart ZZZZ.In addition, the source shall conduct subsequent stack tests in accordance with the schedule set forth in Table 3 in Subpart ZZZZ. DAQC-127r-23 Page 4 The purpose of a Compliance Advisory (CA) is to document observations made by the DAQ. You are responsible for complying with the Utah Air Conservation Rules. There are possible administrative and civil penalties for failing to do so. Section 19-2-115 of the Utah Code Annotated provides that violators of the Utah Air Conservation Act and/or any order issued there under may be subject to a civil penalty of up to $10,000 per day for each violation. The written response to this CA will be considered in resolving the deficiencies documented in this letter. It may include information demonstrating compliance with the regulations or a schedule to bring your company back into compliance with the applicable regulations. The DAQ will review your response and this CA may be revised as a result of that review. Failure to respond in writing within ten (10) business days of receipt of this CA will be considered in any subsequent enforcement action and the assessment of penalties Possible DAQ actions to resolve a CA include: No Further Action Letter, Waming Letter, Early Administrative Settlement with reduced civil penalty, Settlement Agreement with civil penalty, or Notice of Violation and Order to Comply. This CA does not limit or preclude the DAQ from pursuing enforcement options concerning this inspection. Also, this CA does not constitute a bar to enforcement action for conditions that the DAQ did not observe or evaluate, or any other conditions found during future inspections. A meeting may be requested to discuss this CA. Please contact Irene Tucker at 385-306-6521 or itucker@utah.gov if you would like to request a meeting or if you have any questions about this letter. USPSTRACI(NG# ililr First-Class Mail Postage & Fees Paid USPS PErmifNo-G-10 ' United $htes PostalService u- r-:, OJqd\b :l i\taaR.sJ , ts-F cnoo) cuhBoz :>- -o o tl :<=b>>z-ul r Complete items 1,2, and 3' r Print your name and address 91t t!: f*o"- !JIniiwe can return the card to you' r Attach this card to the back oJ the mailpiecq or on the front if sPace 1 e,ti"t" e99*ss9d to:. NICKY 9OATES TM CBg{SHING, LLC P.o.86x,437 LEHI, UT 84043 illlirl Inl lultl lttt lllll llll I lllllllil lll 9590 9402 7931 2305 6415 28 3. ServicoTypl tr AduttSlgnature tr Adult Signature ECertmeotual@ tr CertifiedMallE 2. Article Number ?81,1 D?0t1 uEEe 8631-!+ffi lEF"* SETI Ju[ 2020 PsN 7530-02'000-e053 E Collecton Dollvery - - E coiieci on oetivei Restricted Del'rvery E llil'f ! il?,i .*ncted DervErv t-r|rI ! JI f m EO tf, ruEEE E:]Er! E! IT r-{ E] n- MCKY COATES TM CRUSHING, LLC P.O. BOX 437 LEHI, UT 84043 ililIil llil fllil ffi ilil lil lilllffi ll l[ q510 qq0a ?131 e3B5 Lttl,s e8 DAG.c - tzl l-23 : Please print your name,box' Effeu DIVISION OF AIR QUALITY Qrumr.raNcE sECTIoN P@ BOX 144820 sbLT LAKE CITY UT 84114-4820 l, 1 11,,1,[iil,,,, l, i r 1i, l11 1 llrll, 1 i ll, I 1, | 1,, glt I I I tl thil, I ll I I rf , I ffiffififfi$At, ERgturnReelpt(hardcopy) $--- E Retum nolpt (ercarcntc) I .-- ECertified Mail Rostrlct€d Dellvory I _..-.- EAdult slgnatuG Requlr€d $ - SlgnarurE nqurw slgnature Restrlcted Dellvory s - t\/ \-7 /23 DAuc- iz"? l-L3