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HomeMy WebLinkAboutDAQ-2025-001089 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 State of Utah Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor DAQC-204-25 Site ID 16019 (B1) Chintan K. Amin CRH Americas, Inc. 900 Ashwood Parkway, Suite 600 Atlanta, GA 30338 Dear Mr. Amin: Re: Tooele Pozzolans Processing Plant – 1345 K Avenue, Tooele, UT 84074 Notice pursuant to Utah Stat. 19-7-109 The Utah Division of Air Quality (DAQ) has reviewed your self-disclosure notification and request for full enforcement mitigation under the Environmental Self-Evaluation Act, Utah Code §§ 19-7-101 through 19-7-109 (the Act). The request was received via email on January 7, 2025, and a hard copy on January 10, 2025, following an internal evaluation conducted at the Ash Grove Cement Company (AGC) Tooele Pozzolans Processing Plant (facility) which was operating under DAQ Approval Order (AO) DAQE-AN160190001-20. Potential non-compliance with AO condition I.3 for the presence of unpermitted equipment was confirmed on December 18, 2024, as part of a voluntary inspection conducted by AGC following acquisition of the facility on September 3, 2024. It was also noted that this equipment was listed in a Notice of Intent (NOI) submitted by the previous owners on August 8, 2024. Following this discovery, AGC conducted a full self-evaluation under the Act and submitted the aforementioned notification. The notification explained that the source was addressing the non-compliance through working with the DAQ to process the NOI into a new AO accounting for the additional equipment. This equipment was accounted for in AO DAQE-AN160190002-25 which was issued on January 15, 2025. The violation was fully remediated within 60 days of discovery. Recurrence has been addressed through AGC’s reinforcement of environmental compliance training for facility personnel. " / 2 / 6 Û Ú Û Ù Û Þ DAQC-204-25 Page 2 DAQ “shall waive civil penalties for an instance of noncompliance with an environmental law or requirement” if the following conditions are met: (1) the regulated entity discovers noncompliance through an environmental self-evaluation; (2) the regulated entity voluntarily discloses noncompliance to DAQ in writing within 21 days of violations’ discovery; (3) the regulated entity corrects the violation within 60 days after the discovery or within a reasonable amount of time; and (4) the regulated entity submits to DAQ a written outline of reasonable steps it will take to prevent recurrence. Utah Code § 19-7-109(2). AGC’s self-evaluation and disclosure submitted to DAQ on January 7, 2025, fully satisfies each of the statutory elements. Additionally, any circumstances that would prevent DAQ from waiving civil penalties as listed in Subsections 19-7-109(3) and (4) of the Utah Code are not present in this case. Based on this voluntary self-disclosure notification, the DAQ concurs with AGC’s request to waive all compliance actions and any potential penalties associated with this instance of non-compliance. If you have any questions regarding this letter, please contact me at (385) 306-6500 or cgilgen@utah.gov. Sincerely, Chad Gilgen, Manager Minor Source Compliance Section CG:jl Enclosure: Tooele Pozzolans Processing Plant – 1345 K Avenue, Tooele, UT 84074 Notice pursuant to Utah Stat. 19-7-109 cc: Marina Thomas, Utah Attorney General’s Office