DAQ-2025-001280

@
ily rR EPt D--rJ,
A,.. r, FrART M :N rEF
lntrepid Potash - Moab, LLC
PO Box 1208
Moab, UT 84532
435.259.t282
435.260.L375
E NVI RO NIIE hITAL QUALITY
February 19,2025
Mr. Bryce Bird, Director
Attention : Compliance Section
Utah Division of Air Quality
PO Box 744820
Salt Lake City, UT 84t14-482O tcTi)
RE: tntrepid Potash - Wendover Potash Plant, LtC - DAQE-ADlfi!n0014-19 Early Settlement
Agreement DAQC-103-25
Dear Mr. Bird,
Enclosed is the signed and date Early Settlement Agreement for the Wendover Potash Plant Venturi Wet
Scrubber - Failed Performance Test - Tooele County.
Also enclosed is a check for S 2,160.00.
lf you have any questions or concerns on this matter, please contact me.
I
Sincerely,;)'/-;. A.-ry*ffi(--/ A.rodi-stubb, (v
Division Engineer
REVIEWED
A tr2\
!o
l-lr\/rsroN oF AtR ol,ALtTY
Department of
Environmental Quality
Kimbcrly D. Shclley
Execulive Director
DIVISION OF AIR QUALITY
Bryce C. Bird
Director
* tIrCu-uali'"'ri rMr:M 0F
F IT\.,i RONI\4ENTAL Q UALITY
SPENCER J. COX
Goventor
DEIDRE HENDERSON
Liulenanl Govcrnor
Re:
Lr
t]IVISION OF AIR OUALIW
Pd se, tt.,
gp"lrcrCg,O8a9L)
DAQC-103-2s
site ID 10742 (Bl)
January 3L,2025
Sent Via Certified Mail No. 70190700000208347846
Todd Stubbs
Intrepid Potash Wendover, LLC
P.O. Box 1208
Moab, UT 84532
Dear Mr. Stubbs:
Early Settlement Agreement - Intrepid Potash Wendover, LLC - Wendover Potash Plant -
Venturi Wet Scrubber - Failed Performance Test - Tooele County
On January 3,2025, the Utah Division of Air Quality (DAQ) received a stack test report from
Intrepid Potash Wendover, LLC demonstrating the Venturi Wet Scrubber exceeding the emission
limits during the performance test conducted on November I l, 2024. A Compliance Advisory was
isstred on January 14,2025, addressing the emission limit exceedance. Intrepid Potash Wendover,
LLC responded to the Compliance Advisory on January 27,2025, stating that another
performance test will be conducted March 5,2025, through March 7 ,2025, on the Venturi Wet
Scrubber. Based on the findings of the inspection and response to the Compliance Advisory, the
DAQ determined [ntrepid Potash Wendover, LLC was in violation of:
L Condition II.B.4.a of Approval Order (AO) DAQE-AN 107420014-19 dated July 22,2019
Emissions to the atmosphere at all times from the indicated emission points shall not
exceed the following rates and concentrations:
Source: venturi wet scrubber
Pollutant: PMro 6.0 lb/hr and 0.05 grains/dscf (68oF, 29.92 inHg)
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 of $2,700.
I 95 North 1950 West . Salt Lake City, UT
Mailing Address: P.O. Box 144820 . Salt Lake City, UT 841144820
Telephone [phone] . l'ax (801) 5364099 . T.D.D. [phone]
*.ttu'.deq utuh.got
Printcd on 100% rccyclcd papcr
DAQC-103-2s
Page 2
The monetary amount of the DAQ settlement offer specified below is derived from a
pre-cstablished schedule of penaltics, which takes into account, among other factors, the
magnitude and severity of the violation, economic benefit, cooperation of the source, as wellas
the prior history of violations. Sec the attached penalty worksheet for details.
All parties we deal with, whether privatc, commercial, or governmental arc treated similarly in thc
settlement process. Early Settlement Agreements are based on the evaluation of the same factors
and criteria in all cases. The DAQ acknowledges that for the violation on November | | ,2024,
lntrepid Potash Wendover, LLC responded to the emission limits exceedance on January 27,
2025, stating that another pcrformance test willbe conducted March 5,2025, through March 7,
2025, on the Venturi Wet Scrubber.
If you are interested in settling this violatiorl, we are authorized to offer settlement in accordance
w,ith the DAQ Penalty Policy as follows:
I . Intrepid Potash Wendover, LLC agrees to pay a rcduced civil penalty in the sum of $2,160
Payment of a civil penalty precludes further civil enforcement for the above described
violation against the named source. lntrepid Potash Wendover, LLC agrees to pay $2,160
of the stipulated penalty within twenty (20) business days from the date you receive this
Early Settlement Agreemcnt.
Thc DAQ retains its authority to take any enforcement actions based on any and all
violations not specifically described above.
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.
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 jr.rdicialproceeding. The
described violation will constitute part of the company compliance history for any purpose
for which such history is relevant to thc DAQ.
At the DAQ's option, yoLl may reqllest a portion of the calculated civilpenalty gravity component
to be used to complete a Supplemental Environmental Project (SEP) or credited toward the Utah
Environmental Mitigation Fund to benefit present and fbture 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.
2.
J.
DAQC-103-2s
Page 3
If the above terms are acceptable to you, please sign and retum this Early Settlement Agreement
and a check in the sum of $2,160. 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.
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 Chad Gilgen at
3 85-306-6500 or [e-mail].
Sincerely,
y4rrd
Bryce C. Bird
Director
BCB:CGjl
cc: Tooele County Health Department
DAQC-103-2s
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: Intrepid Potash Wendover, LLC
Name:E7r.r^t Tto Srr,aas
J- t?-lotS 4la-z4o-/a.7€
Telephone Number
Utah Division of Air Quality General Administrative Penalty Worksheet
Intrepid Potash
Wendover, LLC -
Wendover Potash
Plant - Venturi Wet
Scrubber
tUtU2024Site ID #:
Description of the
Violation
Condition II.B.4.a Venturi Wet Scrubberof Approval exceeding its PM
AN I 0742001 4-1 9 emission limits.
DAQC-103-2s
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 ofthe
economic benefit to the sources of non-compliance, and adjustments for specific circumstances.
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.
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.
DAQC-103-2s
Page 6
(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:
(a) Violation of automobile emission standards and requirements
(b) Violation of wood-burning regulations by private individuals
(c) Open buming violations by private individuals.
DAQC-103-2s
Page 7
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) Cood 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 cunent 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 detennined 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-r30-4.
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 a