DAQ-2025-001864

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820 Telephone [phone] • Fax [phone] • T.D.D. [phone]
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-177-25
Site ID 15972 (B1)

Sent Via Certified Mail No. 70112970000188367802

Justin Robb
CKC Operations, LLC
P.O. Box 184
Altamont, UT 84007

Justin Robb
CKC Operations, LLC
3843 South Highway 40
Myton, UT 84052

Sent Via Certified Mail No. 70112970000188367796

Justin Robb
Registered Agent
20879 West Highway 87
Altamont, UT 84001

Re: Notice of Violation and Order to Comply – Utah Administrative Code (UAC) R307-401,
Approval Order (AO) DAQE-AN159720001-19, and 40 Code of Federal Regulations
(CFR), Part 60, Subpart I, Duchesne County

Dear Mr. Robb:

On August 28, 2024, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory
(DAQC-879-24) following a file review related to operations associated with CKC Operations,
LLC. CKC Operations, LLC signed for delivery of the Compliance Advisory on September 4,
2024, but a response was never submitted to the DAQ. The DAQ contacted CKC Operations, LLC
on October 3, 2024, and asked for a response by October 7, 2024. A response was never
submitted, and it has been determined that CKC Operations, LLC is in violation of UAC
R307-401-5 for failure to obtain a permanent AO for ongoing source operations at the Moon Pit
(UTM Coordinates 12 T 571359.90 Easting 4442499.72 Northing), 40 CFR Part 60, Subpart I and

February 18 v A ? A D
DAQC-177-25
Page 2

Condition II.B.9.g.1 of AO DAQE-AN159720001-19 for failure to conduct stack testing within
180 days of startup for the Hot Mix Asphalt Plant, and conditions II.B.1.a and II.B.3.a of AO
DAQE-AN159720001-19 for failure to obtain a Temporary Relocation Approval Letter prior to
commencing temporary source operations and failure to apply for a permanent AO once
operations exceeded 180 operating days and 365 consecutive days at the Moon Pit. It was also
found that CKC Operations, LLC potentially knowingly submitted a fraudulent stack test report to
the DAQ on January 15, 2025, which is a violation of Utah Code Ann. § 19-2-115(4)(a). The
DAQ Director has the authority to refer this violation to criminal investigation and prosecution
under Utah Code Ann. § 19-2-117.

The enclosed Notice of Violation and Order to Comply (Order) is based on the findings
documented in the Compliance Advisory dated August 28, 2024. The Order is effective on the
date of issuance, which is the date it was signed and dated. Compliance with the Order is
mandatory and will not relieve the company of liability for any past violations. To request a
formal administrative hearing, the procedures detailed in the paragraph entitled "Compliance,
Opportunity for a Hearing" must be followed.

The Order requires CKC Operations, LLC to submit written notification of its intent to comply,
outlining how, and when compliance will be achieved to the DAQ in writing on or before the 15th
day after receipt of this Order. Questions regarding this matter may be directed to Chad Gilgen at
[phone] or [e-mail].

When responding, refer to the DAQC number in the upper right corner of this letter.

Sincerely,

Bryce C. Bird
Director

BCB:CG:rh

Enclosure: Notice of Violation and Order to Comply
CKC Operations, LLC Stack Test Protocol Email
Stack Test On Line Submittal For CKC Operations, LLC Email

cc: Kimberly D. Shelley, Executive Director, Department of Environmental Quality
TriCounty Health Department
DAQC-177-25
Page 3

The Utah Division of Air Quality

ooOoo
In the Matter of : Notice of Violation
CKC Operations, LLC : and Order to Comply
:
: No. 20250214001
ooOoo

This Notice of Violation and Order to Comply is issued by the Director of the Utah Division of Air
Quality (DAQ) pursuant to the Utah Air Conservation Act (Act), Utah Code Ann. § 19-2-101 et
seq. The Director is authorized to issue Notices of Violation pursuant to Utah Code Ann. § 19-2-
110. The Director has the authority to issue Orders in accordance with Utah Code Ann. §§ 19-2-
107(2)(a)(xiii) and 19-2-110(1).

Findings:

1. CKC Operations, LLC operates a Hot Mix Asphalt plant at the Moon Pit in Duchesne
County, Utah.

2. CKC Operations, LLC is required to comply with Utah Administrative Code (UAC)
R307-401, the conditions of Approval Order (AO) DAQE-AN159720001-19 dated May 15,
2019, and 40 CFR Part 60 - Standards of Performance for New Stationary Sources,
Subpart I – Standards of Performance for Hot Mix Asphalt Facilities.

3. UAC R307-401-5 states “(1) Except as provided in Sections R307-401-9 through
R307-401-17, any person subject to Rule R307-401 shall submit a notice of intent to the
director and receive an approval order precedent to the construction, modification,
installation, establishment, or relocation of an air pollutant source or indirect source. The
notice of intent shall be in a format specified by the director.”

4. AO Condition II.B.1.a states “The owner/operator shall submit a Notice of Temporary
Relocation and obtain a Temporary Relocation Approval Letter prior to operating a
portable source at any location.”
DAQC-177-25
Page 4

5. AO Condition II.B.3.a states “The owner/operator may temporarily relocate this portable
source to any temporary location. The temporary relocation shall not exceed 180 working
days and shall not exceed 365 consecutive days. If a temporary relocation is expected to
exceed 180 working days, the owner/operator shall submit an NOI in accordance with
R307-401 for a permanent source and obtain a valid AO prior to the end of the 180
working days.”

6. AO Condition II.B.9.g.1 states:
Stack testing to show compliance with the emission limitations stated in the above condition shall be performed as specified below: Emission Point: Drum Mixer exhaust passing through the baghouse Pollutant Testing Status Test Frequency TSP * # PM10 ** @ PM2.5 ** @ * Initial compliance testing is required for each plant. The initial test date shall be performed as soon as possible and in no case later than 180 days after the start-up of a new or modified emission source. A compliance test is required on a modified emission point that has an emission rate limit. ** Initial test is not required unless specified by the Director. # Initial test is required. Subsequent tests shall only be performed for PM10.

@ Test every third calendar year, or sooner if required by the Director, not exceeding 42
months between tests. Tests may be required if the source is suspected to be in violation
with other conditions of this AO.

7. 40 CFR Part 60 Subpart I states:

On and after the date on which the performance test required to be conducted by § 60.8
is completed, no owner or operator subject to the provisions of this subpart shall
discharge or cause the discharge into the atmosphere from any affected facility any gases
which:

(1) Contain particulate matter in excess of 90 mg/dscm (0.04 gr/dscf).
(2) Exhibit 20 percent opacity, or greater.

DAQC-177-25
Page 5

8. On August 26, 2024, a DAQ representative reviewed 2023 emission inventory information
related to CKC Operations, LLC in Duchesne County, Utah. The information reviewed
indicates that CKC Operations, LLC has operated a hot mix asphalt plant without
performing performance testing. Additional information was also reviewed, which
indicates equipment operations have not been authorized under a Notice of Temporary
Relocation and that the equipment appears to be operating at a stationary location at the
Moon Pit (UTM Coordinates 12 T 571359.90 Easting 4442499.72 Northing) in Myton,
Utah since, at least, 2022.

9. On January 15, 2025, a DAQ representative, Kyle Greenberg, received a stack test report
from CKC Operations, LLC for the September 4, 2024, stack test. The report stated that
Muhammad Muzaffar with Alliance Technical Group in Colorado prepared it. DAQ
regularly receives stack test reports from Alliance Technical Group and knows what they
should contain. This report did not look complete and substantially lacked information
normally included in these reports, including raw data. Mr. Greenberg then contacted the
Alliance Technical Group to inquire about the origin of the report. Alliance confirmed that it
had not prepared the report.

10. On August 26, 2024, a DAQ representative spoke with Jeff Robb at CKC Operations,
LLC, and Mr. Robb confirmed that the hot mix asphalt plant had been running at the
Myton location for years. During that conversation, Mr. Robb was also informed of the
obligation to conduct a stack test. The subsequent stack test report, submitted on January
15, 2025, indicates stack testing was conducted on September 4, 2024 - only seven
business days after the conversation. It would have been difficult to schedule a stack test
within such a short time frame. These types of tests are usually scheduled several months
in advance. Companies must also submit a pretest notification at least thirty (30) days
before the scheduled test. DAQ did not receive a pretest notification for the September 4,
2024, stack test, which was an indication that Alliance Technical Group did not perform
the test. Alliance Technical Group has always met this requirement.

DAQC-177-25
Page 6

Violations:

Based on the foregoing Findings and in accordance with the Act, UAC R307-401, AO
DAQE-AN159720001-19, and 40 CFR 60 Subpart I, CKC Operations, LLC is in violation of:

1. UAC R307-401-5 for failure to submit a Notice of Intent and receive an Approval Order for
stationary operations at the Moon Pit.

2. Condition II.B.1.a of the AO for failure to submit a Notice of Temporary Relocation and
obtain a Temporary Relocation Approval Letter prior to commencing source operations at
the Moon Pit.

3. Condition II.B.3.a of the AO for failure to apply for a permanent AO once operations
exceeded 180 operating days and 365 consecutive days at the Moon Pit.

4. Condition II.B.9.1.g of the AO and 40 CFR 60 Subpart I for failure to conduct stack testing
within 180 days of startup for the Hot Mix Asphalt Plant.

5. Utah Code Ann. § 19-2-115(4)(a) for making false material statements, representations,
or certifications in the September 4, 2024, Asphalt Plant Stack Test Report for CKC
Operations Hot Mix Asphalt Plant #285. This violation may be referred to criminal
prosecution by the Director under the authority of Utah Code Ann.§ 19-2-117.

Based on the foregoing Findings and Violations, and pursuant to Utah Code Ann. §§ 19-2-
107(2)(a)(xiii), 19-2-110(1), 19-2-120, UAC R307-401, the applicable conditions of AO DAQE-
AN159720001-19, and 40 CFR Part 60, Subpart I, CKC Operations, LLC is hereby ordered to:

1. Immediately initiate all actions necessary to achieve total compliance with all
applicable provisions of the Act, UAC R307-401, conditions II.B.1.a, II.B.3.a, and
II.B.9.g.1 of AO DAQE-AN159720001-19, and 40 CFR Part 60, Subpart I.

2. Notify this office in writing on or before the 15th day after receipt of this letter, of CKC
Operations, LLC’s intent to comply with this Order and indicate how compliance is to
be achieved.
DAQC-177-25
Page 7

Compliance, Opportunity for a Hearing:

This Order is effective on the date of issuance, which is the date it is signed and dated. Pursuant
to Utah Code Ann. § 19-1-301 and UAC R305-7-3, you have thirty (30) days after issuance of this
Notice of Violation and Order to Comply to seek a review of the same by filing a written request
for agency action with the Utah Department of Environmental Quality. If a proper request,
compliant with all applicable laws, is not made within the time permitted, the Notice of Violation
and Order to Comply shall be a final agency action and may be enforced in further adjudicative
proceedings.

Civil Penalty:

You are in violation of AO DAQE-AN159720001-19, and consequently, the Utah Air Conservation
Act, State rules promulgated under the Act, and the applicable federal rules. As such, you are
subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. The
statutory penalty amount may be determined and satisfied by agreement between CKC
Operations, LLC and DAQ. Thirty (30) days after the issuance of this Notice of Violation and
Order to Comply, and if no request for agency action is filed, DAQ may elect to have the amount
of the penalty assessed and imposed by filing a civil action against you in a court of proper
jurisdiction and venue.

Dated ______________ day of ____________________, 2025.

Bryce C. Bird, Director
Utah Division of Air Quality

18th February
Chad Gilgen <[e-mail]>
CKC Operations, LLC Stack Test Protocol
Chad Gilgen <[e-mail]>Thu, Oct 3, 2024 at 10:52 AM
To: Justin Robb <[e-mail]>
Justin,
The attached Compliance Advisory was signed for at CKC Operations by Jennifer Harbison on September 4, 2024. Per
paragraph 2 of the Advisory, a written response is required within 10 business days (September 18, 2024). As of today,
this response is 11 days overdue.
Please submit a written response to the Compliance Advisory by close of business on Monday, October 7, 2024. If a
response is not received by that date, a Formal Notice of Violation and Order to Comply will be issued.
Chad
Chad Gilgen | Manager | Minor Source Compliance
385-306-6500 (cell)
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
[Quoted text hidden]
DAQ-2024-010059.pdf
2922K
1/15/25, 12:17 PM State of Utah Mail - CKC Operations, LLC Stack Test Protocol
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-2784892408710159157&simpl=msg-a:r-27848924087101…1/1
Kyle Greenberg <[e-mail]>
Stack Test On Line Submittal For CKC Operations, LLC
8 messages
[e-mail] <[e-mail]>Wed, Jan 15, 2025 at 11:33 AM
Reply-To: [e-mail]
To: [e-mail]
Recipient Data:
Time Finished: 2025-01-15 11:33:11 MST
IP: 65.48.71.108
ResponseID: R_5d4PGU535Jetd7c
Link to View Results: Click Here
URL to View Results: https://utahgov.iad1.qualtrics.com/apps/single-response-reports/reports/
7y2BUau4TNl6obE1IIt8V4PKYQg0UafyzBy8l7LgJ0yJH6xk3anRzsC253yIo3HYZf7wCfnv0SOqPlXbQdV-
7v3l9CEkz8FI4j0-QOMJVAi6WlS2vlsddf1-Cv2HabEiYbWkgABAWJMM1SzV3dhQvJ
gXX0aNBwPFlfrLcFeEnp0D6JqPqLfnXkvoeihBOvzkckXhRbAmhnTY1z4hzqCanYoBIKmATd5yShSjI0-
IYpxdgtMI0V47ORhi4SJ171b1BDNUzh5bp0JalzlT7FN-ofsc8UbgO2XELdLo6e58tYF-
KoYuMI1JzjCWALXH6ISQPcNLaEqRgUkAwTi1kS4cFg
Response Summary:
Please provide the following:
Company Name: CKC Operations, LLC
Site Name(s): CKC Operations Hot Mix Asphalt Plant #385
Contact Name: Jana Espinoza
Contact Email Address: [e-mail]
# of Sites: 1
Test Date: 09/04/2024
Please attach a copy of your Stack Test Protocol or Report here:
https://utahgov.co1.qualtrics.com/WRQualtricsControlPanel/File.php?F=F_WwEeQ8Ebmfly9RT
Kyle Greenberg <[e-mail]>Wed, Jan 15, 2025 at 12:22 PM
To: [e-mail]
Cc: [e-mail]
Hi Jana,
CKC Operations please provide a report with the raw data along with the appropriate data reduction instead of a general
overview of the stack test conducted.
Regards,
Kyle Greenberg
[Quoted text hidden]
--
1/17/25, 12:22 PM State of Utah Mail - Stack Test On Line Submittal For CKC Operations, LLC
https://mail.google.com/mail/u/0/?ik=83bbfeb418&view=pt&search=all&permthid=thread-f:1821340855121297261&simpl=msg-f:182134085512129726…1/5
Kyle Greenberg
Environmental Scientist | Minor Source Compliance
P: [phone]
airquality.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Air_20Quality_20Reporting_20__20Asphalt_20Plant_20Stack_20Test_20Report.pdf
175K
Jana Espinoza <[e-mail]>Wed, Jan 15, 2025 at 12:28 PM
To: Kyle Greenberg <[e-mail]>
Hi Kyle,
Thank you for the information needed, we will reach back out to you.
Respectfully,
Jana Espinoza
CKC Operations LLC
3843 S US HWY 40
PO Box 841
Roosevelt, UT 84066
[e-mail]
[Quoted text hidden]
Dave Hull <[e-mail]>Thu, Jan 16, 2025 at 3:25 PM
To: "[e-mail]" <[e-mail]>
Hi Kyle, this was sent to our company but we don’t recognize the company. Was this meant for us?

Dave

From: Snapper Armstrong <[e-mail]>
Sent: Thursday, January 16, 2025 3:14 PM
To: Charles Horton <[e-mail]>
Cc: Dave Hull <[e-mail]>
Subject: FW: Stack Test On Line Submial For CKC Operaons, LLC

Charlie,

This was sent to our info email address, but I assume it is for you.

1/17/25, 12:22 PM State of Utah Mail - Stack Test On Line Submittal For CKC Operations, LLC
https://mail.google.com/mail/u/0/?ik=83bbfeb418&view=pt&search=all&permthid=thread-f:1821340855121297261&simpl=msg-f:182134085512129726…2/5

From: Jennifer Billings <[e-mail]>
Sent: Thursday, January 16, 2025 10:56 AM
To: Snapper Armstrong <[e-mail]>
Subject: FW: Stack Test On Line Submial For CKC Operaons, LLC

Who does this go to?

From: Kyle Greenberg <[e-mail]>
Sent: Wednesday, January 15, 2025 1:22 PM
To: [e-mail]
Cc: info <[e-mail]>
Subject: Fwd: Stack Test On Line Submial For CKC Operaons, LLC

EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links,
opening attachments or taking further action, before validating its authenticity.
Secured by Check Point

[Quoted text hidden]
[Quoted text hidden]

Kyle Greenberg
Environmental Scientist | Minor Source Compliance
P: [phone]
airquality.utah.gov
[Quoted text hidden]
Air_20Quality_20Reporting_20__20Asphalt_20Plant_20Stack_20Test_20Report.pdf
175K
1/17/25, 12:22 PM State of Utah Mail - Stack Test On Line Submittal For CKC Operations, LLC
https://mail.google.com/mail/u/0/?ik=83bbfeb418&view=pt&search=all&permthid=thread-f:1821340855121297261&simpl=msg-f:182134085512129726…3/5
Kyle Greenberg <[e-mail]>Thu, Jan 16, 2025 at 3:42 PM
To: Dave Hull <[e-mail]>
Hi Dave,
This was submitted to the Utah DAQ by CKC Operations, LLC saying that Alliance conducted a stack test for them. The
report raised a bunch of red flags, in that it isn't even close to the quality of reports the Utah DAQ usually receives from
Alliance. I was just trying to get some feedback from Alliance and make sure that the CKC Operations isn't saying a test
was conducted when it wasn't. I don't want to make any assumptions but just wanted to get a full story. I've attached a
copy of CKC Operations Approval Order (Utah DAQ Permit for a company) for Alliances records as well.
Thanks for your help with this,
Kyle Greenberg
[Quoted text hidden]
--
Kyle Greenberg
Environmental Scientist | Minor Source Compliance
P: [phone]
airquality.utah.gov
[Quoted text hidden]
AO - CKC Operations.pdf
122K
Dave Hull <[e-mail]>Thu, Jan 16, 2025 at 3:44 PM
To: Kyle Greenberg <[e-mail]>
Cc: Charles Horton <[e-mail]>, Shamit Nakra <[e-mail]>, Snapper Armstrong
<[e-mail]>
Looping in a few of our people but no, we didn’t conduct this test or send that report.

Thanks
[Quoted text hidden]
Kyle Greenberg <[e-mail]>Thu, Jan 16, 2025 at 4:08 PM
To: Dave Hull <[e-mail]>
Cc: Charles Horton <[e-mail]>, Shamit Nakra <[e-mail]>, Snapper Armstrong
<[e-mail]>
Thanks,
That's what I figured, I'll keep you in the loop about CKC Operations and what actions the DAQ takes to address this
regarding CKC. Just wanted to make sure the Alliance was aware that CKC pulled this.
Thanks again for your help,
Kyle Greenberg
[Quoted text hidden]
1/17/25, 12:22 PM State of Utah Mail - Stack Test On Line Submittal For CKC Operations, LLC
https://mail.google.com/mail/u/0/?ik=83bbfeb418&view=pt&search=all&permthid=thread-f:1821340855121297261&simpl=msg-f:182134085512129726…4/5
Dave Hull <[e-mail]>Thu, Jan 16, 2025 at 4:10 PM
To: Kyle Greenberg <[e-mail]>
Cc: Charles Horton <[e-mail]>, Shamit Nakra <[e-mail]>, Snapper Armstrong
<[e-mail]>
Thanks Kyle.
[Quoted text hidden]
1/17/25, 12:22 PM State of Utah Mail - Stack Test On Line Submittal For CKC Operations, LLC
https://mail.google.com/mail/u/0/?ik=83bbfeb418&view=pt&search=all&permthid=thread-f:1821340855121297261&simpl=msg-f:182134085512129726…5/5