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DAQ-2025-002086
DAQE-GN160700002-25 {{$d1 }} Mark Newman Philippine Mine 13331 South Redwood Road Riverton, UT 84065 mnewman@newmanllc.com Dear Mr. Newman: RE: Revocation of Approval Order DAQE-AN160700001-22 dated November 4, 2022 Project Number: N160700002 The Utah Division of Air Quality (DAQ) received your request to revoke Approval Order (AO) DAQE-AN160700001-22 for the Philippine Mine Pelican Point Sand and Gravel Pit on April 9, 2025. Newman Construction, the current owner, has requested the above-referenced AO be revoked because the site is currently inactive and there are no future plans to resume operations. The DAQ has revoked the above-referenced AO effective as of the date of this letter. As authorized by the Utah Legislature, the fee for revoking an AO is the actual time spent by the review engineer and all other staff on the project. Payment should be sent to the DAQ upon receipt of the invoice. If you have any questions, please contact Katie Andersen, who can be reached at (385) 515-1748. Sincerely, {{$s }} Bryce C. Bird Director BCB:KA:jg cc: EPA Region 8 {{#d1=date1_es_:signer1:date:format(date, "mmmm d, yyyy")}} {{#s=Sig_es_:signer1:signature}} 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 SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Tim Davis Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director April 21, 2025 DAQE-AN160700001-22 {{$d1 }} Mark Newman Philippine Mine 13331 South Redwood Road Riverton, UT 84065 mnewman@newmanllc.com Dear Mr. Newman: Re: Approval Order: New Pelican Point Sand and Gravel Pit Project Number: N160700001 The attached Approval Order (AO) is issued pursuant to the Notice of Intent (NOI) received on July 6, 2021. Philippine Mine must comply with the requirements of this AO, all applicable state requirements (R307), and Federal Standards. The project engineer for this action is John Persons, who can be contacted at (385) 306-6503 or jpersons@utah.gov. Future correspondence on this AO should include the engineer's name as well as the DAQE number shown on the upper right-hand corner of this letter. No public comments were received on this action. Sincerely, {{$s }} Bryce C. Bird Director BCB:JP:jg 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) 536-4414 www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director November 4, 2022 STATE OF UTAH Department of Environmental Quality Division of Air Quality {{#s=Sig_es_:signer1:signature}} {{#d1=date1_es_:signer1:date:format(date, "mmmm d, yyyy")}} {{#d2=date1_es_:signer1:date:format(date, "mmmm d, yyyy"):align(center)}} APPROVAL ORDER DAQE-AN160700001-22 New Pelican Point Sand and Gravel Pit Prepared By John Persons, Engineer (385) 306-6503 jpersons@utah.gov Issued to Philippine Mine - Pelican Point Sand and Gravel Pit Issued On {{$d2 }} Issued By {{$s }} Bryce C. Bird Director Division of Air Quality November 4, 2022 TABLE OF CONTENTS TITLE/SIGNATURE PAGE ....................................................................................................... 1 GENERAL INFORMATION ...................................................................................................... 3 CONTACT/LOCATION INFORMATION ............................................................................... 3 SOURCE INFORMATION ........................................................................................................ 3 General Description ................................................................................................................ 3 NSR Classification .................................................................................................................. 3 Source Classification .............................................................................................................. 3 Applicable Federal Standards ................................................................................................. 3 Project Description.................................................................................................................. 4 SUMMARY OF EMISSIONS .................................................................................................... 4 SECTION I: GENERAL PROVISIONS .................................................................................... 4 SECTION II: PERMITTED EQUIPMENT .............................................................................. 5 SECTION II: SPECIAL PROVISIONS ..................................................................................... 6 PERMIT HISTORY ..................................................................................................................... 9 ACRONYMS ............................................................................................................................... 10 DAQE-AN160700001-22 Page 3 GENERAL INFORMATION CONTACT/LOCATION INFORMATION Owner Name Source Name Philippine Mine Philippine Mine - Pelican Point Sand and Gravel Pit Mailing Address Physical Address 13331 South Redwood Road 1.5 miles west of Highway 68 near Pelican Point Riverton, UT 84065 Pelican Point, UT 84045 Source Contact UTM Coordinates Name Mark Newman 424,376 m Easting Phone (801) 254-3524 4,458,128 m Northing Email mnewman@newmanllc.com Datum NAD83 UTM Zone 12 SIC code 1442 (Construction Sand & Gravel) SOURCE INFORMATION General Description Philippine Mine (PHIL) is proposing the construction of a new sand and gravel pit. This site will be used to mine aggregate material from its lease on the property to be sold to the market. The aggregate processing operations that will go on at this site will consist of crushers, screens, conveyors, and a diesel generator. PHIL will process up to 400,000 tons per year of aggregate at this location. NSR Classification New Minor Source Source Classification Located in Southern Wasatch Front O3 NAA, Provo UT PM2.5 NAA Utah County Airs Source Size: B Applicable Federal Standards NSPS (Part 60), A: General Provisions NSPS (Part 60), OOO: Standards of Performance for Nonmetallic Mineral Processing Plants NSPS (Part 60), IIII: Standards of Performance for Stationary Compression Ignition Internal Combustion Engines MACT (Part 63), A: General Provisions MACT (Part 63), ZZZZ: National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines DAQE-AN160700001-22 Page 4 Project Description The proposed project is the creation of a completely new sand and gravel pit. The pit will consist of two (2) crushers (operating at up to 300 tons per hour), one (1) 500-kW diesel-powered generator, one (1) screen, one (1) 12,000-gallon diesel storage tank, and a conveyor system. The source will use this facility to process aggregate that will then be sold to the market. SUMMARY OF EMISSIONS The emissions listed below are an estimate of the total potential emissions from the source. Some rounding of emissions is possible. Criteria Pollutant Change (TPY) Total (TPY) Carbon Monoxide 14.17 14.17 Nitrogen Oxides 2.57 2.57 Particulate Matter - PM10 10.81 10.81 Particulate Matter - PM10 (Fugitives) 9.88 9.88 Particulate Matter - PM2.5 3.81 3.81 Sulfur Dioxide 0.26 0.26 Volatile Organic Compounds 0.44 0.44 Hazardous Air Pollutant Change (lbs/yr) Total (lbs/yr) Total HAPs (CAS #THAPS) 40 40 Change (TPY) Total (TPY) Total HAPs 0.02 0.02 SECTION I: GENERAL PROVISIONS I.1 All definitions, terms, abbreviations, and references used in this AO conform to those used in the UAC R307 and 40 CFR. Unless noted otherwise, references cited in these AO conditions refer to those rules. [R307-101] I.2 The limits set forth in this AO shall not be exceeded without prior approval. [R307-401] I.3 Modifications to the equipment or processes approved by this AO that could affect the emissions covered by this AO must be reviewed and approved. [R307-401-1] I.4 All records referenced in this AO or in other applicable rules, which are required to be kept by the owner/operator, shall be made available to the Director or Director's representative upon request, and the records shall include the two-year period prior to the date of the request. Unless otherwise specified in this AO or in other applicable state and federal rules, records shall be kept for a minimum of two (2) years. [R307-401-8] DAQE-AN160700001-22 Page 5 I.5 At all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any equipment approved under this AO, including associated air pollution control equipment, in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Director which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. All maintenance performed on equipment authorized by this AO shall be recorded. [R307-401-4] I.6 The owner/operator shall comply with UAC R307-107. General Requirements: Breakdowns. [R307-107] I.7 The owner/operator shall comply with UAC R307-150 Series. Emission Inventories. [R307-150] I.8 The owner/operator shall submit documentation of the status of construction or modification to the Director within 18 months from the date of this AO. This AO may become invalid if construction is not commenced within 18 months from the date of this AO or if construction is discontinued for 18 months or more. To ensure proper credit when notifying the Director, send the documentation to the Director, attn.: NSR Section. [R307-401-18] SECTION II: PERMITTED EQUIPMENT II.A THE APPROVED EQUIPMENT II.A.1 Pelican Point Sand and Gravel Pit: II.A.2 One (1) Jaw Crusher - 300 tons per hour (tph) - Subject to NSPS Subpart OOO II.A.3 One (1) Cone Crusher - 300 tons per hour (tph) - Subject to NSPS Subpart OOO II.A.4 One (1) Screen - 6ft by 20ft - Subject to NSPS Subpart OOO II.A.5 Various Conveyors II.A.6 One (1) Diesel Powered Generator - 500 kW -Horsepower: <675 hp - Subject to NSPS Subpart IIII and MACT Subpart ZZZZ II.A.7 One (1) Diesel Storage Tank - 12,000 gallons DAQE-AN160700001-22 Page 6 SECTION II: SPECIAL PROVISIONS II.B REQUIREMENTS AND LIMITATIONS II.B.1 Sand and Gravel Pit II.B.1.a The owner/operator shall not produce more than: A. 400,000 tons of aggregate per rolling 12-month period B. 7,200 tons of aggregate per day. [R307-401-8] II.B.1.a.1 The owner/operator shall: A. Determine production by the use of a weigh scale on the loadout conveyor system and by examination of company production records B. Record production on a daily basis C. Use the production data to calculate a new rolling 12-month total by the 20th day of each month using data from the previous 12 months D. Keep the production records for all periods the plant is in operation. [R307-401-8] II.B.1.b The owner/operator shall not throughput more than 300 tons per hour of aggregate for any continuous 1-hour period. [R307-401-8] II.B.1.b.1 The owner/operator shall: A. Determine hourly throughput by the use of a weigh scale on the loadout conveyor system and by examination of company throughput records B. Record throughput on an hourly basis every hour the site is in operation. [R307-401-8] II.B.1.c The owner/operator shall not operate the pit: A. Before 6:00 am or after 6:00 pm during the months from December through February B. Before 2:00 am or after 10:00 pm during the months of March, April, May, September, October, and November. [R307-401-8, R307-410-4] II.B.1.c.1 The owner/operator shall: A. Determine operational hours of the pit by examination of hours of operation logs B. Record hours of operation daily. [R307-401-8, R307-410-4] DAQE-AN160700001-22 Page 7 II.B.1.d The owner/operator shall not allow visible emissions to exceed the following limits: A. All screens - 7% opacity B. All crushers - 12% opacity C. All conveyor transfer points - 7% opacity D. All conveyor drop points - 20% opacity E. The engine exhaust stack - 20% opacity F. All other points - 20% opacity. [40 CFR 60 Subpart OOO, R307-201-3, R307-401-8] II.B.1.d.1 Opacity observations of emissions from stationary sources shall be conducted in accordance with 40 CFR 60, Appendix A, Method 9. [40 CFR 60, R307-401-8] II.B.1.e The owner/operator shall install water sprays on all crushers, all screens, all conveyor transfer points, and all conveyor drop points to control emissions. Sprays shall operate as required to ensure the opacity limits in this AO are not exceeded. [R307-401-8] II.B.1.f The owner/operator shall perform monthly periodic inspections to check that water is flowing to discharge spray nozzles associated with each crusher, screen, and conveyor. If the owner/operator finds that water is not flowing properly during an inspection of the water spray nozzles, the owner/operator shall initiate corrective action within 24 hours and complete corrective action as expediently as practical. [40 CFR 60 Subpart OOO, R307-401-8] II.B.1.f.1 Records of the water sprays inspections shall be kept and maintained in a logbook for all periods when the plant is in operation. The records shall include the following items: A. Date the inspections were made B. Any corrective actions taken C. Control mechanism used if sprays are not operating. [40 CFR 60 Subpart OOO, R307-401-8] II.B.1.g The owner/operator shall conduct an initial performance test for all new crushers, screens, and conveyor transfer points subject to NSPS Subpart OOO. Performance tests shall meet the limitations specified in Table 3 to Subpart OOO. [40 CFR 60 Subpart OOO, R307-401-8] II.B.1.g.1 Initial performance tests for fugitive emissions limits shall be conducted according to 40 CFR 60.675(c). The owner or operator may use methods and procedures specified in 40 CFR 60.675(e) as alternatives to the reference methods and procedures specified in 40 CFR 60.675(c). [40 CFR 60 Subpart OOO] II.B.1.g.2 The owner/operator shall keep and maintain records of the initial performance test for each crusher, screen, and conveyor for the life of the equipment. The record of the initial performance test must be made available to the Director or the Director's representative upon request. [40 CFR 60 Subpart OOO] II.B.2 Haul Roads and Fugitive Dust Source Requirements II.B.2.a The owner/operator shall submit and comply with a Fugitive Dust Control Plan (FDCP) consistent with R307-309-6. [R307-309-6, R307-401-8] DAQE-AN160700001-22 Page 8 II.B.2.b The owner/operator shall not allow visible emissions from any fugitive dust source (including but not limited to haul roads, loader operation areas, stockpiles, and exposed areas) to exceed 20% opacity on-site and 10% at the property boundary. [R307-401-8] II.B.2.b.1 Opacity observations of fugitive dust from intermittent sources shall be conducted according to 40 CFR 60, Appendix A, Method 9; however, the requirement for observations to be made at 15-second intervals over a six-minute period shall not apply. The number of observations and the time period shall be determined by the length of the intermittent source. For fugitive dust generated by mobile sources, visible emissions shall be measured at the densest point of the plume but at a point not less than 1/2 vehicle length behind the vehicle and not less than 1/2 the height of the vehicle. [R307-309-5] II.B.2.c The owner/operator shall use a chemical suppressant, water application, or other control options contained in R307-309 to minimize emissions from fugitive dust and fugitive emissions sources, including haul roads, storage piles, and disturbed areas. Controls shall be applied as needed to ensure the opacity limits in this AO are not exceeded. [R307-401-8] II.B.2.c.1 Records of water and chemical treatment shall be kept for all periods when the plant is in operation. The records shall include the following items: A. Date of treatment B. Number of treatments made, dilution ratio, and quantity C. Rainfall received, if any, and approximate amount D. Time of day treatments were made E. Records of temperature if the temperature is below freezing. [R307-401-8] II.B.2.d The total haul roads shall not exceed 0.19 miles in length. [R307-401-8] II.B.2.d.1 The owner/operator shall: A. Determine the length of all haul roads using aerial photographs, land surveys, on-site measurement, or other means acceptable to the Director B. Record the length of all haul roads at least once annually. [R307-401-8] II.B.2.e The section of the haul road used by loaders shall not exceed 650 feet in length. [R307-401-8] II.B.2.e.1 The owner/operator shall: A. Determine the length of the haul road used by loaders using aerial photographs, land surveys, on-site measurement, or other means acceptable to the Director B. Record the length of the haul road used by loaders at least once annually. [R307-401-8]. [R307-401-8] DAQE-AN160700001-22 Page 9 II.B.2.f The owner/operator shall not allow the disturbed and exposed area to exceed 30 acres in size. [R307-401-8] II.B.2.f.1 The owner/operator shall measure the size of the disturbed and exposed area using aerial photographs, land surveys, on-site measurements, or other methods acceptable to the Director at least once per calendar year. [R307-401-8] II.B.3 Diesel Engine Requirements II.B.3.a The owner/operator shall not operate the 500 kW generator engine for more than 2,000 hours per rolling 12-month period. [R307-401-8] II.B.3.a.1 The owner/operator shall: A. Determine hours of operation by examination of hours of operation records or by the use of an hour meter B. Record hours of operation on a daily basis C. Use the hours of operation data to calculate a new rolling 12-month total by the 20th day of each month using data from the previous 12 months. [R307-401-8] II.B.3.b The owner/operator shall only use diesel fuel (e.g. fuel oil #1, #2, or diesel fuel oil additives) as fuel in the diesel-powered generator engine. [R307-401-8] II.B.3.c The owner/operator shall only combust diesel fuel that meets the definition of ultra-low sulfur diesel (ULSD), which has a sulfur content of 15 ppm or less. [R307-401-8] II.B.3.c.1 To demonstrate compliance with the ULSD fuel requirement, the owner/operator shall maintain records of diesel fuel purchase invoices or obtain certification of sulfur content from the diesel fuel supplier. The diesel fuel purchase invoices shall indicate that the diesel fuel meets the ULSD requirements. [R307-401-8] II.B.3.d The owner/operator shall install a 500 kW diesel-fired generator engine that meets the Tier 4 CO requirement of 2.6 g/hp-hr. [R307-401-8] II.B.3.d.1 The owner/operator shall keep a copy of the generator engine's CO emission rate certification onsite at all times the generator is in operation. [R307-401-8]. [R307-401-8] II.B.3.e The owner/operator shall install a 500 kW diesel-fired generator engine that meets the Tier 4 NOx requirement of 0.3 g/hp-hr. [R307-401-8] II.B.3.e.1 The owner/operator shall keep a copy of the generator engine's NOx emission rate certification onsite at all times the generator is in operation. [R307-401-8] PERMIT HISTORY This Approval Order shall supersede (if a modification) or will be based on the following documents: Is Derived From NOI dated July 6, 2021 Incorporates Additional Information dated January 20, 2022 Incorporates Additional Information dated January 27, 2022 Incorporates Additional Information dated April 27, 2022 DAQE-AN160700001-22 Page 10 ACRONYMS The following lists commonly used acronyms and associated translations as they apply to this document: 40 CFR Title 40 of the Code of Federal Regulations AO Approval Order BACT Best Available Control Technology CAA Clean Air Act CAAA Clean Air Act Amendments CDS Classification Data System (used by Environmental Protection Agency to classify sources by size/type) CEM Continuous emissions monitor CEMS Continuous emissions monitoring system CFR Code of Federal Regulations CMS Continuous monitoring system CO Carbon monoxide CO2 Carbon Dioxide CO2e Carbon Dioxide Equivalent - Title 40 of the Code of Federal Regulations Part 98, Subpart A, Table A-1 COM Continuous opacity monitor DAQ/UDAQ Division of Air Quality DAQE This is a document tracking code for internal Division of Air Quality use EPA Environmental Protection Agency FDCP Fugitive dust control plan GHG Greenhouse Gas(es) - Title 40 of the Code of Federal Regulations 52.21 (b)(49)(i) GWP Global Warming Potential - Title 40 of the Code of Federal Regulations Part 86.1818-12(a) HAP or HAPs Hazardous air pollutant(s) ITA Intent to Approve LB/YR Pounds per year MACT Maximum Achievable Control Technology MMBTU Million British Thermal Units NAA Nonattainment Area NAAQS National Ambient Air Quality Standards NESHAP National Emission Standards for Hazardous Air Pollutants NOI Notice of Intent NOx Oxides of nitrogen NSPS New Source Performance Standard NSR New Source Review PM10 Particulate matter less than 10 microns in size PM2.5 Particulate matter less than 2.5 microns in size PSD Prevention of Significant Deterioration PTE Potential to Emit R307 Rules Series 307 R307-401 Rules Series 307 - Section 401 SO2 Sulfur dioxide Title IV Title IV of the Clean Air Act Title V Title V of the Clean Air Act TPY Tons per year UAC Utah Administrative Code VOC Volatile organic compounds Katie Andersen <kandersen@utah.gov> Philippine Mine Approval Order Revocation Request 2 messages Katie Andersen <kandersen@utah.gov>Thu, Apr 10, 2025 at 12:25 PM To: mlarsen@newmanllc.com Hello Mandy, The Utah Division of Air Quality (DAQ) has received your revocation request on April 9, 2025 for the Philippine Mine. I have been assigned as the project engineer for this request. Before processing the request, I wanted to confirm with you the Permit ID of the Approval Order that will be revoked. I've attached a copy of the AO to this email. Is this the correct AO that you wish to revoke? Additionally, just to confirm, you are requesting this revocation because there has not been any mining activity, and there are no plans to mine or emit air pollution from the site in the next 3 years? Cheers, Katie Andersen -- Katie Andersen Environmental Engineer | Minor NSR Section M: (385) 515-1748 airquality.utah.gov DAQE-AN160700001-22.pdf 502K Mandy Larsen <mlarsen@newmanllc.com>Thu, Apr 10, 2025 at 4:12 PM To: Katie Andersen <kandersen@utah.gov> Hi Katie, Yes, that is correct. We have not mined or plan to within the next 3 years. Thank you! 4/11/25, 10:12 AM State of Utah Mail - Philippine Mine Approval Order Revocation Request https://mail.google.com/mail/u/0/?ik=0900585596&view=pt&search=all&permthid=thread-a:r-2970801015938430954&simpl=msg-a:r35293177306551…1/2 Mandy Larsen Accounts Payable (O) 801-254-3524 ©385-290-0248 Newman Construction 13331 S Redwood Rd Riverton Utah, 84065 From: Ka e Andersen <kandersen@utah.gov> Sent: Thursday, April 10, 2025 12:25 PM To: Mandy Larsen <mlarsen@newmanllc.com> Subject: Philippine Mine Approval Order Revoca on Request Hello Mandy, The Utah Division of Air Quality (DAQ) has received your revocation request on April 9, 2025 for the Philippine Mine. I have been assigned as the project engineer for this request. Before sophospsmartbannerend [Quoted text hidden] 4/11/25, 10:12 AM State of Utah Mail - Philippine Mine Approval Order Revocation Request https://mail.google.com/mail/u/0/?ik=0900585596&view=pt&search=all&permthid=thread-a:r-2970801015938430954&simpl=msg-a:r35293177306551…2/2 Response Summary: The form below will collect the information to start the revocation process. Please fill out the information and a NSR Engineer will be contacting you with any follow up requirements. Q2. Company/Owner Information: Owner Name:William Mark Newman Address 13331 South Redwood Road City Riverton State UT Zip 84065 Q4. Contact Information: Contact Name:Mandy Contact email:mlarsen@newmanllc.com Contact phone 8012543524 Q3. Permit Information: Site Name:Philippine Mine Site ID:16070 Permit ID: Ex DAQE- 111110001-21 I DONT HAVE Q9. Is the AO revocation subject to the Oil and Gas PBR Registration? PBR Requirements No Q5. Please provide an explanation for the request to revoke your permit We do not mine or have any plans in the next 3 years to mine on this property. Q6. The undersigned acknowledges they are the responsible party to provide DAQ with this information and authorize DAQ to bill the fee for revoking an AO. As authorized by Utah Legislature, the fee is the time spent by the Permitting staff. [Click here] Embedded Data: N/A