DAQ-2024-011937

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State of Utah
SPENCER J. COX
Govenror
DEIDRE HENDERSON
Lieutenant Govenror
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Direclor
December 3,2024 DAQC-1196-24
Site ID: 15553 (81)
Sent Via Certified Mail No. 70022030000044115618
Dennis Sortor
Rulon Harper Construction, Inc.
8201 West 5400 South
Kearns, UT 84118
Dear Mr. Sortor:
Re: Early Settlement Agreement - Rulon Harper Construction, Inc., Tooele County
On June 27,2023,and August 23,2024,the Utah Division of Air Quality (DAQ) issued
Compliance Advisories to Rulon Harper Construction, Inc. as a result of inspections performed on
May 25,2023, and July 18,2024. Rulon Harper Construction, Inc. responded to the Compliance
Advisories on August 31,2023, and August 30,2024. Based on the findings of the inspections and
response to the Compliance Advisories, the DAQ determined that Rulon Harper Construction, Inc.
was in violation of:
1. Utah Administrative Code (UAC) R307-401-5 and Condition I.3 of AO
DAQE-AN155530001-16:
Notice of Intent (NOI) was not submitted and an Approval Order (AO) was not issued
prior to installing three new generator engines, an impact crusher, and a screen.
2. NSPS (Part 60) Subpart OOO and Conditions II.B.2.f and II.B.2.f.1 of AO
DAQE-AN155530001-16:
No initial performance test has been performed for the new impact crusher and screen.
3. UAC R307-309-5 and Condition II.B.3.b of AO DAQE-ANI55530001-16:
Fugitive dust behind mobile equipment was observed to exceed20% opacity at times
during the inspection.
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.ulah.gov
Printed on 100% recycled paper
DAQC-1196-24
Page 2
4. Condition II.B.3.d of AO DAQE-AN155530001-16:
Haul roads for pit and aggregate operations are greater than 900 feet in length.
5. MACT (Part 63) Subpart ZZZZ:
No performance testing has been performed for the two 672 hp engines manufactured in
2021nor the 685 hp engine manufactured in 2014.
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 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(s) of $8,941.
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(s) observed on May 25,2023,
and July 18,2024, are being addressed by Rulon Harper Construction, Inc. through instructing
employees to water the floor area inside the pit while still maintaining wet conditions on the haul
road in and out of the pit and continuing to work with the DAQ NSR group to modifu the existing
Approval Order to account for unapproved equipment.
If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:
l. Rulon Harper Construction, [nc. agrees to pay a reduced civil penalty in the sum of
$7,153. Payment of a civil penalty precludes further civil enforcement for the above
described violation against the named source. Rulon Harper Construction, Inc. agrees to
pay $7,1 53 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. If a violation is a failure to submit a Notice of
Intent to the Director and receive an Approval Order under Utah Administrative Code
R307-401-5, the DAQ retains its authority to take subsequent enforcement action if during
the next inspection the DAQ finds the source is still not in compliance with R307-401-5.
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.
2.
5.
DAQC-1196-24
Page 3
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 $7,153. 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.
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 return 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 andlor 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
385-306-6500 or by email at [e-mail].
Sincerely,
4_d
Bryce C. Bird
Director
BCB:DR:rh
cc: Tooele County Health Department
DAQC-I196-24
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: Rulon Harper Construction, Inc.
Name:
Title:
Signature Date Telephone Number
DAQC-1t96-24
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 of the economic benefit to the sources of non-compliance, and adjustments for specific
circumstances.
Utah Division of Air Quality General Administrative Penalty Worksheet
Construction, Inc.
May 25, 2023, and July
Citation Description of the
Violation Events Category Range Daily
Penaltv
Accumulated
Penaltv
UAC R307-401-5
and Condition I.3
of AO
Modifications to
equipment without
prior approval
5 C I $ 1,149 $5,745
NSPS (Part 60)
Subpart OOO and
Conditions
II.B.2.f and
II.B.2.f.1of AO
No initial
performance test
was performed on
new equipment
I C $86e $869
Condition
II.B.3.b of the
AO
Fugitive dust
emissions
exceeding opacity
limits
C $729 s729
Condition
II.B.3.d of the
AO
Haul road
exceeding 900 feet
in lenpth
C $869 $869
MACT (Part 60)
Subpart ZZZZ
No performance
testing has been
performed on
engines over 500
hn
C $729 s729
Total $8,941
20YoEarly
Settlement
Ontion
$1,788
Total
Penaltv $7,153
DAQC-I1e6-24
Page 6
R307-130-2.
Categories.
Violations are grouped in four generpl 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 ofNESHAP.
(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 NESIIAP.
(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-I196-24
Page 7
(a) Violation of automobile emission standards and requirements
(b) Violation of wood-buming 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:
(l) 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 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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