DAQ-2024-010530

State of Utah
SPENCER J. COX
Coventor
DEIDRE HENDERSON
Lieutenanl Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Direclor
DTVISION OF AIR QUALITY
Bryce C. Bird
Director
700220300000441 15434
DAQC-907-24
Site ID 14446 (Bl)September 13,2024
Sent Via Certified Mail No.
Nicky Coates
TM Crushing, LLC
P.O. Box 437
Lehi, UT 84043
Dear Ms. Coates:
Re: Early Settlement Agreement - TM Crushing, LLC, Utah County
On November 17,2023, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory
(DAQC-1271-23) to TM Crushing, LLC as a result of an inspection performed on July 27,2023.
TM Crushing,LLC responded to the Compliance Advisory on December 11,2023, and have
continued correspondence with the DAQ New Source Review Section (NSR) to work on an
Approval Order (AO) modification. Based on the findings of the inspection and response to the
Compliance Advisory, the DAQ determined that TM Crushing, LLC was in violation of:
1. Utah Administrative Code (UAC) R307-401-5 (Notice of Intent)
Notice of Intent NOD was not submitted and an AO was not issued prior to installing a
non-emergency diesel-fired generator engine.
2. Condition I.3 of AO DAQE-AN144460004-19:
Modifications to the equipment or processes approved by this AO that could affect the
emissions covered by this AO must be approved.
Section l9-2-l l5 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 $729.
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]
wtw.deq.ulth.gov
Printcd on 100% rccyclcd papcr
DAQC-907-24
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. 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 violations on July 27,2023, are being
addressed by TM Crushing, LLC through working with NSR to modify the existing AO to
account for the non-emergency diesel-fired generator engine.
If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:
L TM Crushing,LLC agrees to pay a reduced civil penalty in the sum of $583. Payment of a
civil penalty precludes further civil enforcement for the above described violation against
the named source. TM Crushing,LLC agrees to pay $583 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. If a violation is a failure to submit a Notice of
Intent to the Director and receive an Approval Order under Utah Administrative Code
R307-401-5, the DAQ retains its authority to take subsequent enforcement action if during
the next inspection the DAQ finds the source is still not in compliance with R307-401-5.
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-l 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.
At the DAQ's option, you may request a portion of the calculated civil penalty gravity component
to be used to complete a Supplemental Environmental Project (SEP) or credited toward the Utah
Environmental Mitigation Fund to benefit present and future air quality within Utah. For more
information, please contact the DAQ representative listed below.
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.
DAQC-907-24
Page 3
If the above terms are acceptable to you, please sign and return this Early Settlement Agreement
and a check in the sum of $583. 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:
http s : //deq. utah. gov/ge ner all p ay ment-portal.
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.
If you need an Approval Order, this Early Settlement Agreement does not relieve you of that
responsibility and does not change that requirement in order to return to compliance with the
DAQ. You must submit a Notice of Intent for a required Approval Order as soon as possible.
Your source will be re-inspected in a reasonable time to confirm you have fully refurned to
operating in compliance. Failure to obtain a required Approval Order will subject you to
additional penalties and a new compliance action by the DAQ.
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 Chad Gilgen at
385-306-6500 or by email at [e-mail].
Sincerely,
4-d
Bryce C. Bird
Director
BCB:CGjl
cc: Utah County Health Department
DAQC-e07-24
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: TM Crushing, LLC
Name:
Title:
Signature Date Telephone Number
DAQC-907-24
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 ofthe
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 of
the violations. Penalty ranges for each category are listed.
(1) Category A. $7,000-10,000 per day.
Violations with high potential for impact on public health and the environment
(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.
Utah Division of Air Quality General Administrative Penalty Worksheet
Source:TM Crushins. LLC I ctass: I s
Site ID #:14446 I Violation Date(s): | 7/27123
HPV:No I Davs to I onoI R;;i;;,' | 406
Utah Administrative
Code (UAC)
R307-401-5 and
Condition I.3 of AO
DAQE-ANI44460004-
t9
Installing and
operating a
non-emergency diesel-
fired generator engine
without obtaining prior
DAQC-907-24
Page 6
(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:
(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. Adj ustments.
The amount of the penalty within each category may be adjusted and/or suspended in part based upon the
following factors:
(1) 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.
DAQC-907 -24
Page 7
(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-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
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NICKY COATES
TM CRUSHING, LLC
P.O. BOX 437
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