DAQ-2024-011290

State of Utah
SPENCER J. COX
Goventor
DEIDRE HENDERSON
Lieutenant Govet'nor
Department of
Environmental Quality
Kimberly D. Shelley
Execuliye Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Direclor
August 23,2024
Sent Via Certified Mail No. 70080500000085569894
Dennis Sortor
Rulon Harper Construction, Inc.
8201 West 5400 South
Kearns, UT 84118
Dear Mr. Sortor:
DAQC-862-24
site ID 15553 (Bl)
Re: Compliance Advisory - Rulon Harper Construction, [nc., Utah Administrative Code (UAC)
R307-309, UAC R307-401, Approval Order (AO) DAQE-AN155530001-16, Tooele County
On July 18,2024, a representative of the Utah Division of Air Quality (DAQ) conducted an inspection of
Rulon Harper Construction,Inc. Pit#l2located at Sl I T4S R5W, Tooele, UT. The DAQ observed
fugitive dust behind mobile equipment exceeding 20o/o opacity, unpermitted equipment, aggregate
equipment with no initial performance tests, and generator engines that had not been stack tested, which
may be violations of UAC R307-309-5, UAC R307-401-5, NSPS (Part 60) Subpart OOO, MACT (Part 63)
Subpart ZZZZ, and AO DAQE-AN155530001-16.
Rulon Harper Construction, Inc. 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.
Additional details about the above observations and regulations are attached to this letter. Please contact
Daniel Riddle at385-222-1357 or [e-mail] if you have any questions about this letter.
Sincerely,
t-4.4r-q;
Chad Gilgen, Manager
Minor Source Compliance Section
CG:DRjl
Enclosure: VEO form
Tooele County Health Department
Alan Humpherys, Manager, Minor New Source Review
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.deq.utoh.gov
Printed on 100% recycled papcr
DAQC-862-24
Page 2
Potential Violation(s)
On July 18,2024, an inspector from the DAQ observed Rulon Harper Construction, [nc. Pit #12 at S I I
T4S R5W in Tooele County, UT.
At the time of the inspection the DAQ documented the following potential violations:
Unapproved equipment was observed including three unpermitted generators. One generator is rated at
896 horsepower, one generator is split into two engines each rated at672 horsepower, and one
generator is rated at 685 horsepower. For any generator exceeding 500 horsepower, performance
testing should be completed as described below. To date, no performance testing on any generator
engine has been performed. An unpermitted VSI crusher and an unpermitted 6' x20' double-deck
screen were also observed at the time of inspection. These new pieces of aggregate equipment need
initial performance tests to determine compliance with emission limitations. Fugitive dust behind
mobile equipment was observed to exceed 20Yo opacity at times during the inspection.
AO Conditions/Rules
UAC R307-309-5 states:
Except as provided in R307-309-5(3), opacity caused by fugitive dust shall not exceed:
(a) 10% at the property boundary; and
(b) 20% on site
UAC R307-401-5 states:
Except as provided in Sections R307-401-9 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.
Condition I.3 of AO DAQE-ANI55530001-16 states:
Modifications to the equipment or processes approved by this AO that could affect the emissions
covered by this AO must be reviewed and approved. [R307401-l]
Condition II.B.2.f of AO DAQE-AN155530001-16 states:
The owner/operator shall conduct an initial performance test for all crushers, screens, and conveyor
transfer points on site. Performance tests shall meet the limitations specified in Table 3 to Subpart 000.
[40 CFR 60 Subpart 000]
Condition II.8.2.f.1 of AO DAQE-AN155530001-f6 states:
Initial performance tests for fugitive emissions limits shall be conducted according to 40 CFR
60.675(c). The owner or operator may use methods and procedures specified in 40 CFR 60.675(e) as
alternatives to the reference methods and procedures specified in 40 CFR 60.675(c). [40 CFR 60
Subpart 0001
DAQC-862-24
Page 3
Condition II.B.3.b of AO DAQE-AI{155530001-16 states:
Visible fugitive dust emissions, including visible dust emissions from haul-road traffic and
mobile equipment in operational areas, shall not exceed 20o/o opacity on site and l0% opacity
at the property boundary.
NSPS (Part 60) Subpart OOO - requires initial performance tests for all aggregate equipment that
could be sources of emissions prior to 180 days after initial startup. See potential violations for
Conditions II.B.2.f and II.B.2.f. 1
MACT (Part 63) Subpart ZZZZ - requires performance testing every 8,760 hours or 3 years for all
stationary reciprocating intemal combustion engines (RICE) exceeding 500 horsepower and
constructed after June 12,2006.
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 l9-2-ll5 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, Warning 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 Daniel Riddle at 385-222-1357 or
[e-mail] if you would like to request a meeting or if you have any questions about this letter.
City/County:
Equ ipment/Process:
Emission Point:
Sky Condition s: Clear.f
Precipitation: No [z{ Yes
Wind: Direction:
Ambient Temp: "F
Height Relative to Observer:
Distance From Observer:
Condensed Water Vapor Present: No [ ] yes [ ]
Attached[] Detached[]
Length of Condensed Water Vapor Plume:
Background: j
sun S wind )
Observer Position x
STATE OF UTAH, DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF AIR QUALITY
EPA METHOD 9 _ VISIBLE EMISSION OBSERVATION FORM
Page _ of _
oBSERVATo n oarc,fuSrfu , 1 Zf
---O-Start time:_ Stop time:
Control Equipment: _
Partly
I]
Cloudy il Overcast []
Speed: mph
RH:-.--%
Sketch process unit: indicate observer position relative to
source; indicate potential emission points and/or actual
emission points.
Emission Point with Plume E
COMMENTS:
I have received a copy of these observations:
lgy,rll L-9-*'
o,,n
"O *r!", D r,r r, ,, _ 9r , h nIitt", R, / L 114o,,,,, ,r
Phone:
rh
Site lD: \ '/
Facility: (:: tt
sec 0 15 30 45
1
2
3
4
5
6
7
I
9
10
11
12
Distrib: white-file; ca -inspector; pink-owner/operator
Observer's Signature:
tilill
I.ISPSTRACT(}{G#
ill]u ilil ililIil il r ilIil ilt Iilililtlil
q590 qq0a ?L3q 1,451 qggq ?L
UnlbdShtes
PoshlServlce
. Ssrden Pleasa pdnt your nams.
DEPARTMENT OF ENVIRONMENTAL OUALITY
DIVISION OF AIR QUALIW
PO BOX 1&820
SALT I.AKE CITY, UT 84114482A
,rlrp'luLlllrlll,lllif hlgrLltlllll,llhlllp'plltlt,,llll
Flrst€lass Mall
Pmtage & Fees Pald
USPS
PermltNo. G10
I Complete lterns 1,2, and 3.r Prlnt your name and address on the rcverse
so that we can return the card to you.
I Attach thls cad to the back of the mailplece,
or on the ftont lf
C. -Pate of Dellvory\'L7 -Ly
D, ls dellveryaddressdifferEntfom ltem'l? E Yes
ll YES, enter dellvery addrcss below: E No
DENNIS SORTOR
Llir,I IffiT- coNSrRUcS, rr.'c
I(EARNS, UT 84118
PS Form 3811, .tuty zoz0 psN zss0-02{00€0sg
Po6lag6
Certilied FBe
Rslum Recolpt Fae
(EndorsBmant Bequlred)
Restricted Deliv8ry Fee(E+-:'
Dam€8tlc Retum Becelpt 3
I
trco
IT
-.EtJlul
EO
EIBEtE
trlE
r.r|
trt
EO
EtrttL
N€ g6z-21
\d, 61 23121
Postmark
Hars
DENNIS SORTOR
RULON HARPER CONSTRUCTION, INC.
8201 W 5400 S; KEARNS, UT &4118
c