The URL can be used to link to this page

Home My WebLink AboutDAQ-2024-0113031 DAQC-PBR158300001-24 Site ID 15830 (B1) MEMORANDUM TO: FILE – XCL ASSETCO, LLC – Crozier 2-1A-32 THROUGH: Rik Ombach, Minor Source Oil and Gas Compliance Section Manager FROM: Stephen Foulger, Environmental Scientist DATE: July 11, 2024 SUBJECT: OIL AND GAS PERMIT-BY-RULE EVALUATION INSPECTION DATE: June 6, 2024 SOURCE LOCATION: Crozier 2-1A-32 Lat:40.257818, Long: -110.081145 Business Office: 600 North Shepherd Drive, Suite 390 Houston, TX 77007 SOURCE TYPE: Tank Battery Duchesne County API: 4301344109, 4301353499, 4301353500, 4301353502, 4301353504, 4301353505, 4301353506, 4301354108 SOURCE CONTACTS: Lauren Brown, Corporate Environmental Contact Phone: 713-808-9406, Email: lauren@xclresources.com OPERATING STATUS: Operating PROCESS DESCRIPTION: Oil and gas products are brought to the surface. These products go through a separator where the oil and any water products are sent to storage tanks and the gas is used to power equipment on site (pump jack engine, tank heater, separator, flare, combustor, etc.) Any remaining gas is sent to a pipeline that feeds a local gas plant. The oil and process water in the storage tanks is loaded into tanker trucks and hauled off-site for processing and disposal. APPLICABLE REGULATIONS: Utah Administrative Code (UAC) R307-500 Series for the Oil and Gas Industry, and UAC R307-201: Emission Standards: General Emission Standards; and UAC R307-150: Emission Inventories, and OOOOa. SOURCE EVALUATION: Site Type: PBR – Controlled Controlled by flare Site has Line Power 2 The source registered: 1200000 Estimated Oil BBL. DOGM current 12 month rolling production is: 419,362. Utah Statute R307-506 requires a source with throughput greater than 8,000 BBLs to have controls. REGISTERED EQUIPMENT: Pneumatic, Tank General Provisions VOC emissions are minimized as reasonably practicable by equipment design, maintenance and operation practices. [R307-501-4(1)] Out of Compliance. Four oil tank thief hatches, two produced water tank thief hatches, a produced water tank stack valve, a T12 pneumatic, and a one-inch gas supply line were found leaking emissions at the time of inspection. Air pollution control equipment is designed and installed appropriately, maintained and operated to control emissions. [R307-501-4(2)] Out of Compliance. Four oil tank thief hatches, two produced water tank thief hatches, a produced water tank stack valve, a T12 pneumatic, and a one-inch gas supply line were found leaking emissions at the time of inspection. Vessel vent lines are sloped away from the flare inlet or to a separation vessel (scrubber). [R307-501-2] In Compliance. Vessel vent lines found properly sloped at the time of inspection. Flare inlet lines are equipped with a fire arrestor, pressure gauge, inlet pressure regulating valve and other components according to the engineering design, the manufacturers specifications or good practices for safety and emissions control. [R307-501-2] In Compliance. Flare inlet found properly engineered at the time of inspection. Flares Any flare has an operational auto-igniter. [R307-503-4] In Compliance. Flare found with operational auto-ignitor installed at the time of inspection. Tank Truck Loading Truck loading is done by bottom filling or submerged fill pipe [R307-504(1)] In Compliance. Truck loading done by bottom or submerged filling at the time of inspection. 3 A vapor capture line is used during truck loading if subject to storage vessel emissions controls of R307-506-4(2). Effective 7/1/2019 for sources existing before 1/1/2018, and upon construction for new sources.[R307-504-4(2)] In Compliance. Vapor capture lines found available for use at the time of inspection. Oil and Gas Industry Registration Requirement The source is registered with the DAQ. [R307-505-3(3)] In Compliance. Source found properly registered at the time of inspection. Registration has been updated within 30 days of a company name change, removal or addition of control devices, or termination of operations. [R307-505-3(3)] In Compliance. Source found properly registered at the time of inspection. Storage Vessels Thief hatches are kept closed and latched. [R307-506-4(1)] In Compliance. Thief hatches found closed and latched at the time of inspection. VOCs from storage vessels are recycled, recovered or controlled by a device that is compliant with R307-508. Exempt if <8000 bbls crude oil per year, <2000 bbls condensate, or if uncontrolled emissions are <4 tons VOC per year.[R307-506-4(2)(a)] In Compliance. VOCs found properly routed at the time of inspection. Upon modification, the well site was re-evaluated against the thresholds of R307-506-4(2). [R307-506-4(6)] In Compliance. Source found unmodified at the time of inspection. Records for each of the following are kept for three years: Storage vessel vent system inspections (openings, thief hatches, pressure relief devices, bypasses, etc.), if required Monthly crude oil throughput Emission calculations, actuals and sampling data when used to justify an exemption to storage vessel rules Emergency storage vessel usage (dates used, emptied, and volumes), if not controlled per R307-506-4(2). [R307-506-5] In Compliance. These records were reviewed and found to be compliant at the time of inspection. 4 VOC Control Devices The VOC control device(s) required by R307-506 or R307-507 has a control efficiency of 95% or greater, operates with no visible emissions and has an operational auto-igniter according to R307-503. [R307-508-3(1)] In Compliance. Control device found operating at proper destruction level with no visible emissions. Monthly AVO inspections are conducted on VOC control devices and associated equipment, and corrective actions are taken within 15 days. [R307-508-3(3)] In Compliance. These records were reviewed and found to be compliant at the time of inspection. The following records are kept: VOC control device efficiency, for life of the equipment Manufacturer operating and maintenance instructions for VOC control devices, for life of the equipment AVO inspections of the VOC control device(s), associated equipment and any repairs, for 3 years. [R307-508-4] In Compliance. These records were reviewed and found to be compliant at the time of inspection. Leak Detection and Repair The source has an emissions monitoring plan. [R307-509-4(1)(a)] In Compliance. Emissions monitoring plan found compliant at the time of inspection. The monitoring plan addresses difficult-to-monitor and unsafe-to-monitor components. [R307-509-4(1)(b)] In Compliance. Emissions monitoring plan properly addresses difficult-to-monitor and unsafe-to- monitor components. If emissions control is required, monitoring surveys are conducted to observe each fugitive emissions component for fugitive emissions. [R307-509-4(1)(c)] In Compliance. Monitoring surveys were reviewed and found properly performed at the time of inspection. Initial monitoring surveys were within 60 days after startup for new sources. Subsequent surveys are semi-annual for regular components, annual for difficult-to-monitor components, and as required by the monitoring plan for unsafe-to-monitor components. [R307-509-4(1)(d)] In Compliance. These records were reviewed and found to be compliant at the time of inspection. 5 Monitoring surveys are done with OGI equipment or by Method 21. [R307-509-4(1)(e)] In Compliance. Monitoring is conducted using OGI equipment. Fugitive leaks are repaired within 15 days unless infeasible, unsafe, etc., as stated in the rule, which require repair within 24 months per the rule. [R307-509-4(1)(f)] In Compliance. Fugitive leak repair records were reviewed and found to be compliant at the time of inspection. Resurvey of the repaired components is completed within 30 days. [R307-509-4(1)(g)] In Compliance. Repair resurvey records were reviewed and found to be compliant at the time of inspection. The following records are kept: The emissions monitoring plan, for life of the site LDAR inspections, repairs and resurveys, for 3 years [R307-509-5] In Compliance. These records were reviewed and found to be compliant at the time of inspection. Associated Gas Flaring Associated gas is routed to a process unit for combustion, a sales pipeline or an operating VOC control device, except in an emergency. An emergency release is unanticipated, temporary, infrequent, unavoidable, =24 hrs. and is not due to operator negligence. Low pressure gas from working loss, breathing loss and oil flashing is not "associated gas." [R307-511-4(1)] In Compliance. Associated gas found properly routed at the time of inspection. The following records are kept: The time and date of event Volume of emissions Any corrective action taken for 3 years. [R307-511-5(1)(a)(b)] In Compliance. No events were reported at the time of inspection. Visible Emissions Visible emissions, except for unavoidable irregularities that do not exceed three minutes, are within the following opacity limits: Installations constructed on or before 4/25/1971 40% Installations constructed after 4/25/1971 20% Gasoline engines 0% Diesel engines manufactured after 1/1/1973 20% Diesel engines manufactured before 1/1/1973 40% 6 Note: Required VOC control devices shall have no visible emissions per R307-508-3. [R307-201-3] In Compliance. No visible emissions were observed at the time of inspection. Emission Inventory: An emissions inventory has been submitted within the past three years. [R307-150-9(1)] Out of Compliance. Source found unreported in the 2020 emissions inventory. NSPS (Part 60) OOOOa: Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015 [40 CFR 60 Subpart OOOOa] In Compliance. PREVIOUS ENFORCEMENT ACTIONS: COMPLIANCE STATUS & RECOMMENDATIONS: In regards to: Crozier 2-1A-32: Out of Compliance - The source was found with several leaks of varying degrees. A compliance advisory will be issued. Recommend to increase inspection frequency. RECOMMENDATION FOR NEXT INSPECTION: Recommend to increase inspection frequency. ATTACHMENTS: Compliance Advisory, CA Response, ESA. State of Utah SPENCER J. COX Goventor DEIDRE HENDERSON Lieutendnt Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director July L9,2024 Sent Via Certified Mail No. 70112970000188367710 Lauren Brown XCL AssetCo, LLC 600 North Shepherd Drive, Suite 390 Houston, T)(77007 Dear Ms. Brown: DAQC-CA-1s8300001-24 Site ID 1s830 (Bl) Re: Compliance Advisory - XCL AssetCo, LLC - Crozier 2-lA-32, Duchesne County On June 6,2024, a representative of the Utah Division of Air Quality (DAQ) conducted an inspection of XCL AssetCo, LLC - Crozier 2-lA-32 remotely located with the latitude and longitude of 40.257818, -110.081145; Duchesne County, UT. The DAQ observed the following regulations of concem: R307-150-9 - Annual Ozone Emission Statement R307-50I-4 - General Requirements These findings may be a violation of Utah Air Conservation Rules. XCL AssetCo, LLC - Crozier 2-lA-32 is required to comply with the above regulations. A written response to this letter is required within ten (10) business days ofreceipt ofthis letter. Additional details about the above observations and regulations are included with this letter. Please contact Stephen Foulger at80l-662-8650 or sfoulger@utah.gov if you have any additional questions. Sincerely, ,/,:i;| ../u ''* Rik Ombach, Manager Minor Source Oil and Gas Compliance Section cc: Alan Humpherys, Manager, Minor Source NSR Section TriCounty Health Department 195 North 1950 West. Salt Lake City, UT Mailing Address: P.O. Box 144820. Salt Lake City, UT 841144820 Telephone (801) 5364000 . Fax (801) 5364099. T.D.D. (801) 903-3978 ww.deq.ulah.gov Printed on 100% recycled paper DAQC-CA-158300001-24 Page 2 Potential Violation(s) On June 6,2024, Stephen Foulger, an inspector from the DAQ conducted an inspection at XCL AssetCo, LLC - Crozier 2-lA-32located remotely with the latitude and longitude:40.257818, -110.081145; Duchesne County, UT. At the time of the inspection, the DAQ documented the following potential violations: 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 19-2-115 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. When considering if the deficiencies are resolved, the DAQ will consider the written response to this CA. Responses may include information demonstrating compliance with the regulations or an anticipated schedule from your company to be in compliance with the applicable regulations. Once received, the DAQ will review your response and the 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 shall be considered in the escalation of subsequent enforcement action and 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 additional enforcement options. Additionally, 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 Stephen Foulger at 801-662-8650 or sfoulger@utah.gov if you would like to request a meeting or if you have any questions. Requirement & Rule Comments & Observations An emissions inventory has been submitted within the past three years. [R307-150-9(l)] Out of Compliance: Source found unreported in rhe 2020 Emissions Inventory. VOC emissions are minimized as reasonably practicable by equipment design, maintenance, and operation practices. 1R307-s01-4(1)l Out of Compliance: Four oil tank thief hatches, two produced water tank thief hatches, a produced water tank stack valve, a T12 pneumatic, and a one-inch gas supply line were found leaking emissions at the time of inspection. Air pollution control equipment is designed and installed appropriately, maintained, and operated to control emissions. 1R307-s01-4(2)l Out of Compliance: Four oil tank thief hatches, two produced water tank thief hatches, a produced water tank stack valve, a Tl2 pneumatic, and a one-inch gas supply line were found leaking emissions at the time of inspection. 'Jll ll I.illllllllillffi' 1510 ltllE ?l'31 1e5L 'lsgb ?1 First4lass Mall Postago & Fees Pald USPS PermltNo. G-10 Unlted States PqEtr $ervlce Q;tr ,r-' ;l r;3re6H EdCEEf6 |ts= cD-o -*2<ut DEPARTMENT OF ENVIRONMENTAL OUALITY E otvrsroN oF ArR euALrw( po Box 144820 $ snlr LAKE crrY , ur ar11+a;B2o' Y liiiiitliliilirplriiii,iillililillllilir;il1Lplirirlsililfu 1il I f CornpleteJtcms 1,2, and 3. I * print-your name and address on the ra/e,seli.li.sc.that we can return the cad to you.t Attach thls cald to the back of the mailplece, or on the front if space oermlts- i munrN BROwN !;"'XCL ASSETCo, LLc!- 600 N sHEP[iffiRF]# --JIOUSTdN.EIF C. Date of Delivery -42) D. ls dellvery addrcss dtffmnt fiom ltem lf YES,onterdellveryaddress below: El No ilffiil ilil lll|flt il I ltlilfl ]ilililI ]t 9s90 9402 7139 1251 4586 7e -. SoMcsTypoEAdultE$ffiirotr Adult SlgnEUn€ Resfioted Defi t/en,tr C€rflfl€d Mall@ tl Prlodtyirafl E:AlEssO El Bssbte6d Maltwtr R6gbtor€d Mall RostdctedDdlvery tr SlgnatulE Oonflrmafi onnttr Slgnatur€Oonflma0on H6tlcted Dallvery E e,€rflfr€d Mall Rceflotod DelhrBwtr Collecton D€llvorytr Collec-t on Dellvo, ns&btod Ddtuary ? ? l, U iltnosficred Doth,ory ry,Aqlry!-Ft4a0 ?01,1, a5?E EEUl 0B3h , July 2020 PsN 7530-02-000-90s3 postag6 Conlfled Fo€ Rstum Flecelot FE(Endorsoment Raduhod) Domestlc Return H€celpt I I trt -lrrr\ ._Em EO EO EIE EI trtr! TTru r{ EIr! PAoc - cA lSB3o oool_Zq Postmerk Hsre rna.\e}, tlnlzq 600 N SHEPHERD DR, STE 390 HOUSTON,TX 77007 XCL Resources is committed to being a good neighbor by maintaining and operatfng our facilitfes in good workmanlike manner, taking additfonal measures to locate and fix fugitfve emissions sooner, and investfng in newer technology to enhance our leak detectfon and repair program. Please see our response below for DAQC-CA-158300001-24, DAQC-CA101073001-24, DAQC- CA15697001-24, AND DAQC-CA101704001-24, as it speaks to general items cited for each listed facility as well as the individual pieces that are unique to each facility. The Crozier 2-1A-32 pad was submitted with our 2020 emissions inventory. Attached are the provided documents confirming submittal. Please note that due to historical naming conventfons when XCL acquired the Butcher Butter 34-144H-22, Butcher Butte 35-44H-22, and Butcher Butter 35-54H-22, (which were the only wells in productfon at the tfme of reportfng the 2020 Emissions inventory), the cited Crozier 2-1A-32 facility was submitted under the name Butcher Butter 2-1A-32 (Source ID# 793). XCL has updated the registratfon (Source ID# 15830) to reflect the current nomenclature and producing wells on locatfon. Regarding the fugitfve emissions cited under rules R307-501-4(1) and R307-501-4(2), at the Crozier 2-1A- 32, Shiner 30-3A-22, Butcher Butte 32-4D-22, and Brotherson 23-3A-23, XCL has provided vent header assessments for each of these locatfons. The vent header assessments showcases that the facilitfes are adequately designed and sized to achieve the established control efficiency rates and capable of handling reasonably foreseeable fluctuatfons. Taking the approved vent header assessments into account, the found fugitfve emissions for controlling equipment on locatfon during the inspectfon can and should be attributed to normal wear and tear under normal operatfng conditfons. Other than leaks on delay of repair associated with receiving replacement parts, any of the identffied fugitfve emissions were fixed on locatfon at the tfme of inspectfon. XCL has increased staffing throughout our operatfons. XCL conducts monthly AVO’s and Quarterly OGI inspectfons at all facilitfes, thus reducing our overall potentfal fugitfve emissions impact by more quickly identffying fugitfve emissions from normal wear and tear, and then fixing the problem. Additfonally, XCL has recently made significant investments in newer technologies in acquiring Enardo 665 High Flow thief hatches, which will help alleviate additfonal future fugitfve emissions. In response to the cited R307-506-4(2)(a) rule for the Shiner 30-3A-22, that locatfon is equipped with a Steffes HP SAA-8, a Steffes LP SAA-4 flare, and a Platfnum VRU, that is controlling emissions associated with the storage vessels on locatfon. In response to the citatfons for the VRU located at the Butcher Butter 32-4D-22 locatfon, the VRU was unintentfonally and incorrectly left in an inoperable state. The VRU was started up on locatfon during the initfal inspectfon on June 6th, 2024.nvb In response to the identffied VRU at the Brotherson 23-3A-23, the VRU unit was taken out of service and the cooler replaced on June 25th, 2024. Given the nature of the findings, vent header assessments, quick actfon to immediately make repairs on fugitfve components, and investment already underway, XCL respectiully requests that the UDAQ resolves these compliance advisories as “No Further Actfon”. 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820 Telephone (801) 536-4000 • Fax (801)536-4099 • T.D.D. (801) 903-3978 www.deq.utah.gov Printed on 100% recycled paper DAQC-xxx-24 Site ID: 15830 (B1) August 14, 2024 Sent Via Certified Mail No. Lauren Brown XCL AssetCo, LLC. 600 North Shepherd Drive Suite 390 Houston, Texas 77007-4580 Dear Lauren Brown: Re: Early Settlement Agreement – Cozier 2-1A-32, Uintah County On July 19, 2024, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory to XCL AssetCo, LLC. as a result of an inspection performed on June 6, 2024. XCL AssetCo, LLC. responded to the Compliance Advisory on August 8, 2024. Based on the findings of the inspection and response to the Compliance Advisory, the DAQ determined that XCL AssetCo, LLC. was in violation of: 1. R307-501-4 - General Requirements: Four oil tank thief hatches, two produced water tank thief hatches, a produced water tank stack valve, a T12 pneumatic, and a one-inch gas supply line were found leaking emissions. 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 $3,500. 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. 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 found on June 6, 2024 was addressed by XCL AssetCo, LLC. on the same day as the inspection. DAQC- 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: 1. XCL AssetCo, LLC. agrees to pay a reduced civil penalty in the sum of $2,800. Payment of a civil penalty precludes further civil enforcement for the above described violation against the named source. XCL AssetCo, LLC. agrees to pay $2,800 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. 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 (UAC) R307-130. 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. If the above terms are acceptable to you, please sign and return this Early Settlement Agreement and a check in the sum of $2,800. 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. DAQC- Page 3 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 Rik Ombach at 801-536-4164 or by email at rombach@utah.gov. Sincerely, Bryce C. Bird Director BCB:RO:SF: cc: TriCounty Health Department Acceptance of Early Settlement Agreement I have read the above Early Settlement Agreement and I agree to the terms and conditions thereof. Company Name: XCL AssetCo, LLC. Name: Title: _____________________________ _________________ ___________________________ Signature Date Telephone Number DAQC- Page 4 Utah Division of Air Quality General Administrative Penalty Worksheet Source: Crozier 2-1A-32 Class: B Site ID #: 15830 Violation Date(s): 6/6/24 HPV: Days to Resolution: 1 Citation Description of the Violation Day s Category Range Daily Penalty Accumulated Penalty R307-501-4 T12, one-inch chemical line, combustor out. 1 B $2,000 - $7,000 $3,500 $3,500 0 0 0 0 0 Total $3,500 20% discount $700 Total Penalty $2,800 Utah Administrative Code (UAC) 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 of the violations, consideration of the economic benefit to the sources of non-compliance, and adjustments for specific circumstances. Utah Administrative Code (UAC) 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. DAQC- Page 5 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. (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: DAQC- Page 6 (a) Violation of automobile emission standards and requirements (b) Violation of wood-burning regulations by private individuals (c) Open burning violations by private individuals. Utah Administrative Code (UAC) 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. (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. Utah Administrative Code (UAC) 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 appropriate.