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Home My WebLink AboutDAQ-2024-007073 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-1039-23 Site ID 10273 (B1) Sent Via Certified Mail No. 70190700000208345989 Kris Ashdown Ashdown Brothers Construction 1134 North Lund Highway Cedar City, Utah 84720 Dear Mr. Ashdown: Re: Compliance Advisory – Ashdown Brothers Construction, Utah Administrative Code (UAC) R307-401, Approval Order (AO) DAQE-AN0102730001-08, Iron County On September 6, 2023, a representative of the Utah Division of Air Quality (DAQ) conducted an inspection of Ashdown Brothers Construction, located at 1134 North Lund Highway, Cedar City, Utah. The DAQ observed that the source was operating two unapproved generator engines which were not listed on the source’s AO and could not provide stack test information for either engine, as well as failure to provide hours of operation for aggregate and asphalt plants, which may be violations of UAC R307-401 and Approval Order (AO) DAQE-AN109780002-22 conditions 4, 5, 8, and 13. Ashdown Brothers Construction 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. Additional details about the above observations and regulations are attached to this letter. Please contact Jared James at 385-306-6501 or jsjames@utah.gov if you have any questions about this letter. Sincerely, Chad Gilgen, Manager Minor Source Compliance Section CG:JJ:rh cc: Southwest Utah Public Health Department, Alan Humpherys, Manager, Minor NSR Section September 28, 2023 DAQC-1039-23 Page 2 Potential Violation(s) On September 6, 2023, an inspector from the DAQ observed Ashdown Brothers Construction at 1134 North Lund Highway, Cedar City, in Iron County, Utah. At the time of the inspection the DAQ documented the following potential violations: Two generator engines (a 545-kW diesel generator and a 300-kW diesel generator) which were not listed in the approved equipment list of Ashdown Brothers Construction’s AO. The source was unable to provide stack test results for either generator. The source was also unable to provide records of operation hours for the aggregate and asphalt plants. AO Conditions/Rules UAC R307-401-5. Notice of Intent. (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. DAQE-AN0102730001-08 condition 4. Modifications to the equipment or processes approved by this AO that could affect the emissions covered by this AO must be approved. [R307-401-1] DAQE-AN0102730001-08 condition 5. All records referenced in this AO or in applicable NSPS, which are required to be kept by the owner/operator, shall be made available to the Executive Secretary or Executive Secretary’s representative upon request. Records shall be kept for the following minimum periods: A. Emissions inventories Five years from the date of each emissions statement or until the next inventory is due, whichever is longer B. All other records Five years DAQE-AN0102730001-08 condition 8. The approved installations shall consist of the following equipment or equivalent*: Aggregate Plant A. One (1) El Jay jaw crusher, Model 1208* B. One (1) El Jay 45” cone crusher, Model 115* C. One (1) vertical impact crusher** rated at 100 tons/hour, manufactured in 1982 D. One (1) screen**, 3’ x 8’, manufactured in 1957 E. One (1) screen**, 5’ x 16’, manufactured in 1957 Asphalt Plant F. One (1) Madsen 4000 asphalt plant, 150 ton/hour (design capacity), Mfg 1964* G. One (1) wet Venturi Scrubber DAQC-1039-23 Page 3 Concrete Batch Plant H. One (1) concrete batch plant with bin vent on associated cement silos I. Miscellaneous plant-wide equipment including loaders, dozers, water and haul trucks, conveyors, stackers, and small diesel fuel tanks *Equivalency shall be determined by the Executive Secretary **Newly installed equipment DAQE-AN0102730001-08 condition 13. The following production limits shall not be exceeded: B. 3,000 hours of aggregate plant equipment operation per rolling 12-month period. E. 3,000 hours of asphalt plant equipment operation per rolling 12-month period. 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 19-2-115 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 regulati ons. 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, Warning 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 concerning 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 Jared James at 385 -306-6501 or jsjames@utah.gov if you would like to request a meeting or if you have any questions about this letter.