DAQ-2024-010744

State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenanl Governor
Department of
Environmental Quality
Kimberly D. Shelley
ExeculiYe Direclor
DIVISION OF AIR QUALITY
Bryce C. Bird' Director
September 27,2024
Sent Via Certified Mail No. 70022030000044115465
Paul Oja, Safety Director
Maverik Trucking
1682 West 1500 South
Woods Cross, UT 84087-2462
Dear Mr. Oja:
Re: Early Settlement Agreement - Maverik Trucking, Uintah County
DAQC-gs4-24
Site ID 8415 (81)
On August 19,2024, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory to Maverik
Trucking as a result of an inspection performed on July 25, 2024, at the RU I 8-41 production tank battery
operated by Finely Resources. Maverik Trucking responded to the Compliance Advisory on September
12,2024, by phone. Based on the findings of the inspection and response to the Compliance Advisory,
the DAQ determined that Maverik Trucking was in violation of:
1. Utah Administrative Code (UAC) R307-504-4(2) (Tank Truck Loading Requirements)
The vapor capture line was not connected from the tanker truck to a control device or process.
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 ofup 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.
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 violation(s) on July 25,2024, was addressed by
Maverik Trucking and notified employees of the violation and proper truck loading.
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]
www.tleq.fiuh.gov
Printcd on t00% recycled paper
DAQC-g54-24
Page 2
If you are interested in settling this violation, we are authorized to offer settlement in accordance with the
DAQ Penalty Policy as follows:
Maverik Trucking 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. Maverik
Trucking agrees to pay $471 of the 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
specifically 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 R307-130.
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 infened 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.
If the above terms are acceptable to you, please sign and retum 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/generaVpayment-portal.
If you have any additional questions regarding this matter, please contact fuk Ombach at 801-536-4164 or
by email at [e-mail].
Sincerely,
4-d
Bryce C. Bird
Director
BCB:RO:jl
cc: TriCounty Health Department
DAQC-9s4-24
Page 3
Acceptance of Early Settlement Agreement
I have read the above Early Settlement Agreement and I agree to the terms and conditions thereof.
Company Name: Maverik Trucking
Name:
Title:
Signature Date Telephone Number
DAQC-9s4-24
Page 4
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.
(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.
Utah Division of Air Quality General Administrative Penalty Worksheet
Source:Maverik Trucking I ctu*t I c
Site ID #:8415 I viotation Date(s): I oz 125t24
IIPV:I oays to II n*ri*i""' I t
Failure to use the
truck loading vapor
20o/"
discount
DAQC-gs4-24
Page 5
(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.
Adjustments.
The amount of the penalty within each category may be adjusted and/or suspended in part based upon
the following factors:
DAQC-gs4-24
Page 6
(l) Good faiitr 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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