DAQ-2024-011287

State
SPENCER J. COX
Goventor
DEIDRE HENDERSON
Lieutenant Governot'
Department of
Environmental Quality
Kimberly D. Shelley
Executive Direclor
DIVISION OF AIR QUALITY
Bryce C. Bird
Director
July 22,2024
Sent Via Certified Mail No.
Karl Kunz
White Flame, Inc.
125 South 1800 West
Lindon, UT 84042
Dear Mr. Kunz:
DAQC-643-24
Site ID 14301 (Bl)
70112970000 I 88367673
Re: Early Settlement Agreement - White Flame, lnc., Utah County
On April 18,2024, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory to
White Flame, Inc. as a result of an inspection performed on March27,2024. White Flame, Inc.
responded to the Compliance Advisory on May 2,2024. Based on the findings of the inspection
and response to the Compliance Advisory, the DAQ determined that White Flame, Inc. was in
violation of:
1. Conditions I.2 and II.B.1.b - E of AO DAQE-AN143010001-10
Exceeding permitted hours of use for the diesel-powered forklift and loader.
Section 19-2-115 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 violation 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.
195 North 1950 West . Salt Lake City, UT
Mailing Address: P.O. Box 144820. Salt Lake Ciry, UT 841144820
Telephone [phone] . Fax [phone]. T.D.D. [phone]
ww.deq.uloh.gov
Printed on t00% recycled paper
DAQC-643-24
Page2
All parties we deal wi.th, 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 March 27,2024, was
addressed by White Flame, Inc. by notifying the DAQ via email (see attached) of their intent to
file for a new NOI to update the number of hours the forklift and loader can run in a l2-month
period as well as updating O&M standard operating procedures to make sure the equipment is
turned off when it is not in use.
If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:
1.White Flame, Inc. 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. White Flame, Inc. 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- 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/general/payment-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.
2.
3.
DAQC-643-24
Page 3
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 retum 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 returned 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
[phone] or by email at [e-mail].
Sincerely,
4-d
Bryce C. Bird
Director
BCB:CGjl
Enclosure: Contact Info for NOI email
cc: Utah County Health Department
DAQC-643-24
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: White Flame, Inc.
Name:
Title:
Signature Date Telephone Number
DAQC-643-24
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 \[orksheet
Source:White Flame,Inc.l ctrq' l B
Site ID #:14301 I Vr"trtior n"tetsl: I
HPV:No I Days to Resolution: I Ongoing
Citation Description of the
Violation Days Category Range Daily
Penaltv
Accumulated
Penaltv
Conditions I.2 and
II.B.I.b-EofAO
DAQE-AN143010001-
10
Operating the
diesel-powered
forklift and loader
over the permitted
hours
I C
Up to
$2,000
per day
s589 $589
0
0
Total $589
20YoE,arly
Sefflement
Ootion
$ll8
Total
Penaltv $471
DAQC-643-24
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.
Adjustments.
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-643-24
PageT
(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. 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
where
512124,2:13PM State of Utah Mail - Contact lnfo for NOI
Jordan Garahana <[e-mail]>
Gontact lnfo for NOI
white flame <[e-mail]>
To: Jordan Garahana <[e-mail]>
Jordan,
Thu, May 2,2024 at 1:49 PM
Please use this email as written response to your certified letter dated April 18,2024
I am working with Alan Humpheries as per your recommendation to do a modification to our permit.
ln the meantime I have spoken to my staff and our plan is to reduce idling hours. lf the loader or forklift is running it's to be
used to move products otherwise we will shut it off. I think this will really help in not only emissions but saving fuel.
Regards,
Karl Kunz
lQuoted text hiddenl
REVIEWED
Initials: JG Date: 517124
Compliance Status: Response to
Compliance Advisory- Out of
Compliance File # 14301 (Bl)
https:i/mail.google.com/mail/u/O/?ik=038c40f/539y;6rtr=pt&search=all&permmsgid=msg-f:1797971450389272140&simpl=msg-1:1797971450385272140 111
701129700001 88367673
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KARL KUNZ
WHITE FLAME, INC.
125 S 1800 W
LINDON, UT 84042
UTAH DFPNRTMENT OF
E}.iVIRONMENTAL QUALITY
DI\/ISION OF AIR QUALITY