DAQ-2024-010949

State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lietienant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Direclor
DIVISION OF AIR QUALITY
Bryce C. Bird
Director
October 1,2024 DAQC-88s-24
Site ID 10122 (Bl)
Sent Via Certified Mail No. 70190700000208347303
Alec Klinghofer, Refinery Manager
Big West Oil LLC
333 West Center Street
North Salt Lake, utah 84054-2805
Big West Oil LLC
185 South State Street, Suite 1300
Salt Lake city, Utah 84111-1537
Sent Via Certified Mail No. 70190700000208347310
Registered Agent
Corporation Service Company
15 West South Temple, Suite 600
Salt Lake city, utah 84101-1536
Notice of Violation and Order to Comply - Utah Administrative Code R307-170-9 and 40
CFR 60, Appendix F, Procedure I - Davis County
Dear Mr. Klinghofer and Registered Agent:
Big West Oil LLC (Big West), a Utah limited liability company, is required to operate continuous
emissions monitoring systems on the Fluidized Catalytic Cracking Unit (FCC) herein referred to as
the Millisecond Catalytic Cracking (MSCC) stack at the North Salt Lake refinery facility in
accordance with 40 CFR $ 60, Appendix F, Procedure l, and Utah Admin. Code R307-170. Big
West was required to submit complete and accurate quarterly State Electronic Data Reports
(SEDR) in accordance with Utah Admin. Code R307-170-9 and federal requirements for the sulfur
dioxide (SOz) and oxygen (Oz) emissions, as stated in the May 6,2024, Approval Order (AO)
DAQE-ANt0t22008t-24
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.ulth.gov
Printed on 100% rccycled paper
Re:
DAQC-88s-24
Page2
Big West submitted the SEDR for 2Q2024 on July 30,2024. Along with the 2Q2024 SEDR, Big
West included supplemental information titled "Appendix A MSCC Regenerator Vent RATA
Explanation" and corresponding data sets for Relative Accuracy Test Audit (RATA) procedures
conducted on March 14,2024, March 28,2024, and April 11,2024. The SEDR cover letter dated
July 29,2024, Appendix A to the cover letter, and the supporting RATA documentation were
evaluated and it was determined that Big West failed to complete a valid SOz and Oz RATA for the
MSCC on or before the end of March 31,2024.
After a review of the 2Q2024 SEDR and supporting RATA reports submitted July 30, 2024, the
Utah Division of Air Qualily (DAQ) determined that Big West was in violation of AO Condition
II.B.1.e, Utah Admin. Code R307-170-7(l), and 40 CFR $ 60, Appendix F, Procedure l, for failure
to conduct a complete RATA for the demonstration of compliance of the SOz and Oz monitors on
the MSCC at least once during the four calendar quarters from April | , 2023 , and March 3l , 2024.
The enclosed Notice of Violation and Order to Comply (Order) is based on the findings
documented by the inspector in his memorandum, DAQC-884-24, and other documentation
submitted by Big West. The Order is effective on the date of issuance, which is the date it was
signed and dated. Compliance with the Order is mandatory and will not relieve the company of
liability for any past violations. To request a formal administrative hearing, the procedures detailed
in the paragraph entitled "Compliance, Opportunity for a Hearing" must be followed.
The Order requires Big West to submit written notification of its intent to comply, outlining how,
and when compliance will be achieved to DAQ in writing on or before the 15th day after receipt of
this Order. Questions regarding this matter may be directed to Rob Leishman at [phone] or
[e-mail].
When responding, refer to the DAQC number in the upper right corner of this letter.
Sincerely,
,4rz>l
Bryce C. Bird
Director
BCB:RL:rh
Enclosure: Notice of Violation and Order to Comply
Kimberly D. Shelley, Executive Director, Department of Environmental Quality
Davis County Health Department
DAQC-88s-24
Page 3
ln the Matter of
Big West Oil LLC
The Utah Division of Air Quality
ooOoo
ooOoo
Notice of Violation
and Order to Comply
No. 20240828006
This Notice of Violation and Order to Comply is issued by the Director of the Utah Division of Air
Quality (DAO) pursuant to the Utah Air Conservation Act (Act), Utah Code Ann. $ 19-2-101 ef seq.
The Director is authorized to issue Notices of Violation pursuant to Utah Code Ann. S 19-2-1 10.
The Director has the authority to issue Orders in accordance with Utah Code Ann. $$ 19-2-
107(2)(a)(xiii) and 19-2-11 0(1 ).
Findings:
Big West Oil LLC (Big West), a Utah limited liability company, operates the North Salt Lake
petroleum refinery at 333 West Center Street in North Salt Lake, Davis County, Utah
(Facility).
On May 6,2024, the DAQ issued an ApprovalOrder (AO) DAOE-AN101220081-24 to Big
West. Under the AO, Big West is required to comply with the Utah Admin. Code R307-170,
the applicable requirements of 40 CFR 60 Appendix B and Appendix F, and New Source
Performance Standards (NSPS) (Part 60) Subparts J and Ja.
Subparts J and Ja of the NSPS require that Big West install instruments for the continuous
monitoring of pollutants from the Fluidized Catalytic Cracking Unit herein referred to as the
(MScc).
Condition ll.B.13.c of the AO requires Big West to install, calibrate, maintain, and operate
continuous monitoring systems on the MSCC Unit for monitoring CO, Oz, NOx, and SOz.
1.
2.
3.
4.
8.
DAQC-88s-24
Page 4
5. Condition ll.B.1.e of the AO imposes requirements on the continuous monitoring devices,
including continuous operation of all required continuous monitoring systems consistent
with R307-170 and 40 CFR S 60.13.
Condition ll.B.1.e.B requires the monitoring systems to comply with all applicable sections
of R307-170, 40 CFR 13, and 40 CFR 60, Appendix B: Performance Specifications.
Utah Admin. Code R307-170-7(1)states in part: "Unless otherwise stipulated... each
continuous emissions monitoring system shall be audited at least once each calendar
quarter. Successive quarterly audits shall be conducted at least two months apart. A
relative accuracy test audit shall be conducted at least once every four calendar quarters
as described in the applicable performance specification of 40 CFR 60, Appendix B."
40 CFR 60, Appendix F, Procedure 1 paragraph 5.1.1 states: "Relative Accuracy Test
Audit (RATA). The RATA must be conducted at least once every four calendar quarters,
except as othenvise noted in section 5.1.4 of this appendix. Conduct the RATA as
described for the RA test procedure in the applicable PS in appendix B (e.9., PS 2 for SO2
and NOX)."
Big West submitted a 2Q2024 SEDR along with an accompanying cover letter and
additional information titled "Appendix A MSCC Regenerator Vent RATA Explanation" as
well as the associated RATA Reports for tests conducted on the MSCC on March 14,
2024, March 28,2024, and April 11,2024.
Big West completed a valid RATA of the MSCC compliant with all the applicable
requirements as per 40 CFR 60, Appendices B and F on March 28,2023, for CO, Oz, NOx,
and SOz.
The next four-quarter period for completing a valid and compliant RATA of the MSCC
started on April 1,2023, with a completion date of March 31,2024.
6.
7.
9.
10.
11.
DAQC-88s-24
Page 5
12. Big West first conducted a RATA of the MSCC on March 14,2024, for CO, Oz, NOx, and
SOz. The March 14,2024, RATA demonstrated compliance with the performance
specifications of 40 CFR 60, Appendix B for CO and NOx, but failed to demonstrate
compliance for the SOz and Oz monitors. Therefore, it was not a valid RATA compliant with
all the applicable requirements as per 40 CFR 60, Appendices B and F. Big West
performed a second RATA on the MSCC on March 28,2024. That test was aborted after
the third run due to procedural issues and therefore also was not a valid RATA compliant
with all the applicable requirements as per 40 CFR 60, Appendices B and F.
13. Big West conducted a valid and compliant third RATA of the MSCC on April 11,2024, for
CO, Oz, NOx, and SOz. This third RATA on the MSCC was evaluated by DAQ, who
determined that it was valid and compliant with all the applicable requirements as per 40
CFR 60, Appendices B and F, as well as confirmed compliance with the performance
specifications for NOx and CO as demonstrated in prior tests.
Violations:
Based on the foregoing Findings and in accordance with the Act, UAC R307-170-9, and the AO,
Big West is in violation of:
1. Utah Admin. Code R307-170-7(1), 40 CFR 60, Appendix F, Procedure 1, section 5
(Data Accuracy Assessment), and Condition ll.B.1.e of the AO for failure to conduct a
valid and compliant RATA for the SOz and Oz monitors on the MSCC at least once
every four calendar quarters during the period of April 1 , 2023, through March 31 ,
2024.
Order:
Based on the foregoing Findings and Violations, and pursuant to Utah Code Ann. SS 19-2-
107(2)(aXxiii), 19-2-110(1), and 19-2-120, the requirements of Utah Admin. Code R307-170 and
40 CFR $ 60, Appendix F, Procedure 1, and applicable conditions of the AO, Big West is hereby
ordered to:
DAQC-88s-24
Page 6
1. lmmediately initiate all actions necessary to achieve total compliance with all
applicable provisions of the Act, Utah Admin. Code R307-170, 40 CFR 60, Appendix
F, Procedure 1, and the AO.
2. Notify this office in writing on or before the 1Sth day after receipt of this letter, of Big
West's intent to comply with this Order and indicate how compliance is to be achieved.
Compliance, Opportunity for a Hearing:
This Order is effective on the date of issuance, which is the date it is signed and dated. Pursuant
to Utah Code Ann. S 19-1-301 and Utah Admin. Code R305-7-3, you have thirty (30)days after
issuance of this Notice of Violation and Order to Comply to seek a review of the same by filing a
written request for agency action with the Utah Department of Environmental Quality. lf a proper
request, compliant with all applicable laws, is not made within the time permitted, the Notice of
Violation and Order to Comply shall be a final agency action and may be enforced in further
adjudicative proceedings.
Civil Penalty:
You are in violation of the AO, and consequently, the Utah Air Conservation Act, State rules
promulgated under the Act, and the applicable federal rules. As such, you are subject in a civil
proceeding to a penalty not to exceed $10,000 per day for each violation. The statutory penalty
amount may be determined and satisfied by agreement between Big West and DAQ. Thirty (30)
days after the issuance of this Notice of Violation and Order to Comply, and if no request for
agency action is filed, DAQ may elect to have the amount of the penalty assessed and imposed by
filing a civil action against you in a court of proper jurisdiction and venue.
ls[scl loth day of 2024.
4d
Bryce C. Bird, Director
Utah Division of Air Quality
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