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Home My WebLink AboutDAQ-2024-012096State SPENCER J. COX Goventor DEIDRE HENDERSON Lieuleilant Governor Department of Environmental Quality Kimberly D. Shelley Executiye Director DTVISION OF AIR QUALITY Bryce C. Bird Dit'eclor December 11,2024 DAQC-1214-24 Site IDs 14068 (B1) 14549 (B1) Sent Via Certified Mail No. 70022030000044115632 Sam Cusick CMC Rock l5l East 1750 North Vineyard, Utah 84059 Dear Mr. Cusick: Re: Compliance Advisory - CMC Rock - Portable Approval Order DAQE-AN140680003-18 Condition ILB,.2.a and Temporary Relocation Letter DAQC-396-24 -Utah County On April 23,2024, CMC Rock submitted an electronic Temporary Relocation Request to move and operate portable aggregate equipment to a project site located north of Cedar Fort on West Canyon Road, in Utah County. On May 2,2024, a Temporary Relocation Authorization letter (DAQC-396-24) was issued to permit a 400 ton per hour operation consisting of one Astec jaw crusher, one Astec cone crusher, one JCI screen, and one Cat725 kW gen set. On October 21,2024, a representative of the Utah Division of Air Quality (DAQ) conducted a complaint inspection of the CMC Rock temporary project at the above referenced address. At the time of this inspection, it was observed that an additional screen was operating at the site. In addition, the ton per hour (tph) production rate for the project was reported as having a daily average rate of 472 tph on October 15,2024,424Wh on October 16,2024,and459 tph on October 17,2024. The operation of the additional screen and the tph production rate over the stipolated 400 tph at this project may be a violation of Condition lI.B.2.a of DAQE-AN140680003-18 portable Approval Order (AO) that requires that the owner/operator shall operate the temporary project in accordance with the terms and conditions of the Temporary Relocation Letter. CMC Rock 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. 195 North 1950 West. Salt Lake City, UT Mailing Address: P.O. Box 1,14820 . Salt Lake City, UT 841144820 Telephone (801) 5364000. Fax (801) 5364099. T.D.D. (801) 903-3978 w.deq.utuh.gov Printed on 100% rccyclcd papcr DAQC-tzt4a4 Page2 Additional details about the above observations and regulations are attached to this letter. Please contact Susan Weisenberg at 385-306-6512 or sweisenberg@utah.gov if you have any questions about this letter. Sincerely,(4.er-E; Chad Gilgen, Manager Minor Source Compliance Section CG:SW:rh cc: Utah County Health Department Potential Violation(s) On October 21,2024, an inspector from the DAQ observed CMC Rock, north of Cedar Fort on West Canyon Road, in Utah County, Utah. At the time of the inspection, the DAQ documented that an additional screen that was not referenced on the temporary relocation request was present at the project site, and that the stipulated 400 ton per hour limit was exceeded on the days of October 15, 2024, October 16,2024, and October 17 ,2024. DAQC-1214-24 Page 3 AO Conditions/Rules Temporary Relocation Letter DAQC-396 -24, datedMay 2,2024, for the project located north of Cedar Fort on West Canyon Road, Utah County, permitted an Astec jaw crusher, an Astec cone crusher, a JCI screen, and a Cat725 kW gen set. The Temporary Relocation letter states that "The maximum production rate shall be held to the requested 400 tons per hour." Goodfellow Corporation Portable AO DAQE-AN140680003-18 Condition II.8.2.a., states in part that "the owner/operator shall operate and conduct its operation ofthe aggregate processing plants... in accordance with the terms and conditions of this AO and the terms and conditions of the Temporary Relocation Approval Letter issued by the Director for each relocation." 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, Waming 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 conceming 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 Susan Weisenberg at 385-306-6512, or sweisenberg@utah.gov if you would like to request a meeting or if you have any questions about this letter. 1216124,7:34 PM State of Utah Mail - Re: Draft CMC Rock Advisory Susan Weisenberg <sweisenberg@utah.gov> Re: Draft CMC Rock Advisory 1 message Chad Gilgen <cgilgen@utah.gov> To: Susan Weisenberg <sweisenberg@utah.gov> Fri, Dec 6,2024 at 11:37AM Hi Susan, Thanks for the additional information. The changes look good. See attached for a few edits. The second Site lD I added to the letter is for CMC Rocks portable AO. I know they didn't use that one but I would like this letter to also make it into a file with a Site lD associated with CMC Rocks for tracking purposes in case we have future compliance issues with TRPs. Thanks, Chad Chad Gilgen I Manager I Minor Source Compliance 385-306-6500 (cell) AIR O UAL ITY Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements. On Fri, Nov 22, 2024 al l0:03 AM Susan Weisenberg <sweisenberg@utah.gov> wrote: Hi Chad, This relocation was issued only with the leasing company site id as all of the equipment was identified as being under the 140680003-1 8 AO on their electronic submission. No company currently owns a permit for the land located in Cedar Fort. I don't see a NOI submitted by CMC for this location. They may be planning for a permanent AO, however there isn't a NOI entered in TEMPO yet. CMC has not bought out Goodfellow but I wasn't certain about how to reference the standard portable AO conditions requiring that all relocations operate as per the conditions of their relocation authorization letter. We could just cite the TRP Letter if that carries as much legal weight as the AO. I guess technically both are covered by R307-40'1. lf we can still reference the portable AO, I have updated the draft to remove the unnecessary language. Thanks Susan Weisenberg, Environmental Scientist Office: 385-306-6512 On Thu, Nov 21 ,2024 at 12:01 PM Chad Gilgen <cgilgen@utah.gov> wrote: Hi Susan, See attached for some comments/questions on this one. Thanks, Chad Chad Gilgen I Manager I Minor Source Gompliance 385-306-6500 (cell) t --r. Dt https://mail.google.com/mail/u/O/?ik=bffac613d3&view=pt&search=all&permthid=thread-a:18626252470205004541%7Cmsg -f:18177'17307139158773..1t2 1216t24,7:34PM IQ E iJ[a Gompliance Advisory-cs.docx State of Utah Mail - Re: Draft CMC RockAdvisory UTAH O€PARIMENI ot ENVIRONT{ENTAL OUALIIY AIP OUALITY Emails to and from this email address rnay be considered public rccords and thus subject to Utah GRAMA requircments. On Fri, Nov 8, 2024 al3:12 PM Susan Weisenberg <sweisenberg@utah.gov> wrote: See the attached CAfor CMC Rock. Make any changes that you would like to see. I've also attached tho referenced TRR AO, and the associated email correspondence. Susan Weisenberg, Environmental Scientist Office: 385-306-6512 a https://mail.google.conr/mail/u/0/?ik=bfiact13d3&view=pt&search=all&permthid=ihread-a:r8626252470205004541%7Cmsg-f:1817717307139158773... A2 illlililffiH[.* 1510 1q0a a800 {0bq l,l,t? 1q Aoc- lzl+-2+ 'lnitedShhs iltIII iirrirlilrhlrl,'li,illlll'mtl'lill'i,f tlh'll,u,,rllhllrr I zo d o VINEYARD, UT 84059 ilmil m llltflrLilt il lt il ilt ilt m[ ]t 3. SewiceType trAduttSlgnatur€tr PdodtyMdlEF€6gDE Bogkia€d Malliltr rkgistor€d Ma[ B6ucisdDoliv6rytl Slgnatu€ Confirm8tlonntr Signatue Conflfl?ratlon Be3trlcted Blvery Domestic Retum Recelpt tr Adult St$atuiB Rosfdctud Dolh,E yf Certifled Mall@tr Certlllod Mail Restic,bd Dallvervtr ColloctonDolivery0 Collect on Delivery BosfdcH DellvoryE ln8ursd Mall Poslmart Horo rldf:r trlEIEtrt trtmEru rutfEF I z LU Ft f, r Complete itemF 1,2, and 3.r Pdnt your name and address on the rev6rc6so that we can return the card to you.r Attach this card to the back of the mailplece,or on the ftont lf soace oermlts- 1. Article Addressed to: SAM CUSICK cr\* RocK 15 r. 1750 N 9590 9402 8888 4064 1167 94 2. A*icle Number (Iransfarfrom sanrioe /abe/) 70Ee eE3E BBBE qqII 5E3P PS Form 381 1, .tuty eo2o psN zsso-02{00-soso Po*ago C€rtlfled Foo Retum Recleot Fe6(Endorsenent Redutrod) Bosidcted Dolhrorv F6€(Endorsomsnt Roqiriredl Tolal Postago A F tr lnsuq{i{?il Resttctod D6[rr60, MoileJ tzln/z+ DAac- lzr+zt SAM CUSICK CMC ROCK lsl E l7s0 N VINEYARD, UT 84059 Flrat€hse Mall Poshge.& FeeB pald usPsPemltNo. G.lO A.:xda EAgem C. Date of Delivery addEss different from itejn 1?Yes lf YES, enter delivery addreso below:ENo FI =lstsl -rl tr<lzluJl>izlolwl >lZIuJ' UTAH DIVISION OF AIR QUALITYCOMPLIANCE SECTION PO BOX 144820 SALT LAKE CITY UT 84I144820 -Siilil'iI[706i;'-" ot rc Box No.