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Home My WebLink AboutDAQ-2024-007099 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-144-24 Site ID 10007 (B1) Sent Via Certified Mail No. 70190700000208346702 Weston Fry, Interim Plant Manager Holcim (US) Inc. 6055 East Croydon Road Morgan, Utah 84050 Sent Via Certified Mail No. 70190700000208346719 CT Corporation System Registered Agent 1108 East South Union Avenue Midvale, UT 84047 Re: Notice of Violation and Order to Comply – Utah Administrative Code (UAC) R307-170-9 and Title V Operating Permit Number 2900001004 dated November 18, 2021 – Morgan County Dear Mr. Fry and Registered Agent: Holcim (US) Inc. (Holcim) is required to operate continuous emissions monitoring systems on the kiln main stack at the Devil’s Slide cement production facility in accordance with 40 CFR § 60.13 and UAC R307-170 (which incorporates 40 CFR Part 60 and authority for the State of Utah to enforce it). Holcim was required to submit complete and accurate quarterly State Electronic Data Reports (SEDR) in accordance with UAC R307-170-9 for the sulfur dioxide (SO2), nitrogen oxide (NOX), mercury (Hg), total hydrocarbons (THC), and hydrogen chloride (HCl) emissions as stated in the applicable conditions of the Title V operating permit. On January 30, 2024, Holcim submitted a quarterly report for the fourth quarter of 2023 (4Q2023). On February 7, 2024, the inspector from the Division of Air Quality (DAQ) notified Holcim that the report was deficient. Representatives for Holcim replied by email on February 8, 2024, to provide the required ASCII electronic data files. March 2 F v 2 ?2 C DAQC-144-24 Page 2 It was determined that Holcim is in violation of Title V operating permit Conditions II.B.6.b.3, II.B.6.d.3, II.B.6.k.3, II.B.6.l.3, and II.B.6.m.3 for failure to provide a complete and accurate quarterly report for the SO2, NOX, Hg, THC, and HCL monitors for 4Q2023. It was also determined that Holcim was in violation of I.S.2.c for failure to submit prompt written deviation reports for the aforementioned violations. After a review of the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals, it was determined that there were approximately 209 instances of monitor unavailability which were not explained with a narrative description of each event, which is a violation of UAC R307-170-9(10). It was also found that Holcim potentially knowingly reported false cylinder gas audit and gas certification information in 2Q2023, 3Q2023, and 4Q2023, 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 is based on the findings documented by the inspector. 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 Holcim 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 Rob Leishman at (801) 536-4438 or rleisman@utah.gov. When responding, refer to the DAQC number in the upper right corner of this letter. Sincerely, Bryce C. Bird Director BCB:RL:rh Enclosure: Notice of Violation and Order to Comply cc: Kimberly D. Shelley, Executive Director, Department of Environmental Quality Weber-Morgan Health Department DAQC-144-24 Page 3 The Utah Division of Air Quality ooOoo In the Matter of : Notice of Violation Holcim (US) Inc. : and Order to Comply : : No. 20240214001 ooOoo This Notice of Violation and Order to Comply is issued by the Director of the Utah Division of Air Quality (UDAQ) 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. Holcim (US) Inc. (Holcim) operates the Devil’s Slide cement manufacturing plant at 6055 East Croydon Road in Morgan County, Utah. 2. Holcim is required to comply with the Act, the Utah Administrative Code (UAC) R307-170-9, the federal regulations (specifically 40 CFR Part 60 incorporated by reference into UAC R307-170 under R307-170-2), and the Conditions of the Title V operating permit #2900001004 dated November 18, 2021 (Title V Permit). 3. For sulfur dioxide (SO2) emissions from the kiln main stack, Condition II.B.6.b.3 of the Title V Permit states, “Reports shall be submitted quarterly, as outlined in R307-170, Continuous Emission Monitoring Program. The reports are considered prompt notification of permit deviation required in Provision I.S.2.c of this permit, if all information required by Provision I.S.2.c is included in the report.” 4. For nitrogen oxide (NOX) emissions from the kiln main stack, Condition II.B.6.d.3 of the Title V Permit states, “Reports shall be submitted quarterly, as outlined in R307-170, Continuous Emission Monitoring Program. The reports are considered prompt notification DAQC-144-24 Page 4 of permit deviation required in Provision I.S.2.c of this permit, if all information required by Provision I.S.2.c is included in the report.” 5. For mercury (Hg) emissions, Condition II.B.6.k.3 of the Title V Permit states in part, “Reports shall be submitted quarterly, as outlined in R307-170, Continuous Emission Monitoring Program. The reports are considered prompt notification of permit deviation required in Provision I.S.2.c of this permit, if all information required by Provision I.S.2.c is included in the report.” 6. For total hydrocarbon (THC) emissions, Condition II.B.6.l.3 of the Title V Permit states in part, “Reports shall be submitted quarterly, as outlined in R307-170, Continuous Emission Monitoring Program. The reports are considered prompt notification of permit deviation required in Provision I.S.2.c of this permit, if all information required by Provision I.S.2.c is included in the report.” 7. For hydrogen chloride (HCl) emissions, Condition II.B.6.m.3 of the Title V Permit states in part, “Reports shall be submitted quarterly, as outlined in R307-170, Continuous Emission Monitoring Program. The reports are considered prompt notification of permit deviation required in Provision I.S.2.c of this permit, if all information required by Provision I.S.2.c is included in the report.” 8. UAC R307-170-9(1)(c)(i) states that each source required to install a continuous monitoring system shall submit to the state (DAQ) a complete, unmodified electronic data report in an ASCII format specified by the DAQ Director by January 30, April 30, July 30, and October 30 for the quarter ending 30 days earlier. 9. Condition I.S.2.c of the Title V Permit states in part, “The Director shall be notified promptly of any deviations from permit requirements including those attributable to upset conditions as defined in this permit, the probable cause of such deviations, and any corrective actions or preventative measures taken. Prompt, as used in this condition, shall be defined as written notification within the number of days shown under “Enforceable Dates and Timelines” at the front of this permit.” 10. “Prompt” is defined under Enforceable Dates and Timelines in Title V Permit as “written notification within 14 days.” DAQC-144-24 Page 5 11. Condition I.K states, “Any application form, report, or compliance certification submitted pursuant to this permit shall contain certification as to its truth, accuracy, and completeness, by a responsible official as defined in R307-415-3. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. (R307-415-5d).” 12. UAC R307-415-5d requires that “[a]ny application form, report, or compliance certification submitted pursuant to R307-415 shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under R307-415 shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.” 13. UAC R307-170-9(10) requires that “[e]ach source shall submit a narrative description explaining each event of monitor unavailability or excess emissions. Each description also shall be accompanied with reason codes and action codes that will link descriptions to events reported in the monitoring information and excess emission report. 14. Utah Code Ann. § 19-2-115(4)(a) states that “[a] person is guilty of a third degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: (a) Makes any false material statement, representation, or certification, in any report or notice required by permit;” 15. On January 30, 2024 (the due date for the report), Holcim personnel delivered a quarterly State Electronic Data Report (SEDR) in accordance with UAC R307-170-9 and the Title V Permit Conditions listed above in paragraphs 3 through 7 for the fourth quarter of 2023 (4Q2023). A representative of the DAQ Director (inspector) conducted an initial review of the report on February 7, 2024, and replied by email on February 7, 2024, to Clinton Badger, Mark Miller, and Weston Fry of Holcim stating that the report did not contain the required ASCII files in .CSV format. 16. On February 8, 2024, Mr. Badger replied to the email with a .CSV file formatted SEDR for 4Q2023. DAQC-144-24 Page 6 17. Holcim has not submitted written deviation reports to DAQ for failure to submit a complete 4Q2023 report by the due date of January 30, 2024. Such deviation reports should have been sent to DAQ within 14 days of the deviations from Title V Permit requirements i.e., by February 14, 2024, at the latest for the 4Q2023 report (14 days from the due date of the complete SEDR on January 30, 2024). 18. A review of the 2Q2023 and 3Q2023 SEDR reports submitted on January 9, 2024, and the 4Q2023 SEDR submitted on February 8, 2024, was conducted on March 7, 2024. Approximately 209 instances of monitor outages were reported as “Daily Calibrations” ranging in duration from 0.983 hours to 103.983 hours with no additional description of each of the outages. 19. During a review of the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals it was determined that Holcim potentially knowingly falsely reported the Cylinder Gas Audit (CGA) test values. On September 12, 2023, Mr. Badger of Holcim was notified that the 2Q2023 SEDR contained CGA data from 1Q2023. He indicated that he would research the problem in a reply dated September 19, 2023. There was no further communication regarding the 2Q2023 SEDR until it was submitted on January 9, 2024, in response to a notice of violation (DAQC-1321-23 dated December 19, 2023). In the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals, the CGA dates were all changed to reflect dates within the applicable quarter. However, the cylinder gas concentrations and monitor test values in each of the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals, which are required to be conducted quarterly, remained exactly the same as those values reported in the 1Q2023 SEDR. Violations: Based on the foregoing Findings and in accordance with the Act, 40 CFR Part 60, UAC R307-170-9, and Title V Permit, Holcim is in violation of: 1. Condition II.B.6.b.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 on or before January 30, 2024, for the SO2 monitoring system. DAQC-144-24 Page 7 2. Condition II.B.6.d.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 on or before January 30, 2024, for the NOX monitoring system. 3. Condition II.B.6.k.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 on or before January 30, 2024, for the Hg monitoring system. 4. Condition II.B.6.l.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 on or before January 30, 2024, for the THC monitoring system. 5. Condition II.B.6.m.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 on or before January 30, 2024, for the HCl monitoring system. 6. Condition I.S.2.c of the Title V Permit for failure to submit prompt (within 14 days) written deviation reports for deviation from the Title V Permit requirements to submit accurate and complete SEDR reports for 4Q2023. 7. UAC R307-170-9(1)(c)(i) and 40 CFR Part 60 as incorporated by reference into UAC R307-170 under R307-170-2 for failure to submit a complete, unmodified electronic data report in an ASCII format specified by the DAQ Director by January 30, 2024, for 4Q2023, which ended 30 days earlier. 8. UAC R307-170-9(10) and 40 CFR Part 60 as incorporated by reference into UAC R307-170 under R307-170-2 for failure to provide a narrative description explaining each event of monitor unavailability for approximately 209 events listed as “Daily Calibrations” in the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals. 9. Utah Code Ann. § 19-2-115(4)(a) for making false material statements, representations, or certifications in the 2Q2023, 3Q2023, and 4Q2023 SEDR submittals under legal certification as to their truth, accuracy, and completeness in accordance with the Title V operating permit conditions (Condition I.K) and UAC R307-415-5d.This violation may be referred to criminal prosecution by the Director under the authority of Utah Code Ann. § 19-2-117. DAQC-144-24 Page 8 Order: Based on the foregoing Findings and Violations, and pursuant to Utah Code Ann. §§ 19-2- 107(2)(a)(xiii), 19-2-110(1), and 19-2-120 and Conditions II.B.6.b.3, II.B.6.d.3, II.B.6.k.3, II.B.6.l.3, II.B.6.m.3, I.S.2.c, and I.K of the Title V Permit, UAC R307-170-9(10), UAC R307-415-5d, the federal regulations (specifically 40 CFR Part 60 incorporated by reference into UAC R307-170 under R307-170-2), Holcim is hereby ordered to: 1. Immediately initiate all actions necessary to achieve total compliance with all applicable provisions of the Act, UAC R307-170-9 and R307-415-5d, 40 CFR Part 60, and the Title V Permit. 2. Notify this office in writing on or before the 15th day after receipt of this letter, of Holcim’s intent to comply with this Order and indicate how compliance is to be achieved. 3. Submit deviation reports required under Condition I.S.2.c of the Title V Permit for failure to submit a complete and accurate SEDR for 4Q2023 by the due dates required under UAC R307-170-9 on or before April 15, 2024, including all required certification statements by a responsible official. 4. Submit a comprehensive compliance plan indicating how Holcim will avoid repeating these monitoring and reporting violations in the future, including dates of implementation, proposed corporate training and reeducation, and company policies and procedures which will correct the issues noted in the findings. This comprehensive compliance plan will be submitted to the Director on or before April 30, 2024. 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, DAQC-144-24 Page 9 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 your Title V Permit, 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 Holcim 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 ____________________, 2024. Bryce C. Bird, Director Utah Division of Air Quality 26th March