DAQ-2024-005175

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-182-24
Site ID 10007 (B1)

Sent Via Certified Mail No. 70190700000208346726

Weston Fry, Interim Plant Manager
Holcim (US) Inc.
6055 East Croydon Road
Morgan, Utah 84050

Sent Via Certified Mail No. 70190700000208346733

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) R307-415
and Title V Operating Permit number 2900001004 revised March 25, 2022 – Morgan
County

Dear Mr. Fry and Registered Agent:

Holcim (US) Inc. (Holcim) is required to notify the Division of Air Quality (DAQ) at least 60
days prior to performance testing in accordance with the Title V Operating Permit number
2900001004 revised March 25, 2022 (Title V Permit) Conditions II.B.6.h.1, II.B.6.j.1, II.B.6.l.1,
and II.B.7.c.1. Holcim is also required to submit the results of a completed stack test within 60
days of completion of the testing in accordance with the Title V Permit Conditions II.B.4.e.3,
II.B.6.h.3, II.B.6.j.3, II.B.6.l.3, and II.B.7.c.3. Furthermore, Holcim is required to notify the DAQ
promptly, defined as within 14 days in the Title V Permit, of any deviations from the Permit
requirements and submit complete and accurate deviation report in accordance with the Title V
Permit Condition I.S.2.c.

On June 16, 2023, Holcim emailed Rob Leishman Jr. at the DAQ notifying him that the company
intended to begin testing on July 17, 2023. On July 21, 2023, Mostardi Platt, who was contracted
by Holcim to conduct stack testing, completed stack testing on the Rotary Kiln Exhaust, Clinker

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DAQC-182-24
Page 2

Cooler Stack, Crusher Baghouse, and Transfer Baghouse. The test report was received by the
DAQ on January 18, 2024. In addition, as of February 20, 2024, the DAQ has yet to receive a
deviation report relating to the aforementioned deviations.

It is determined that Holcim is in violation of the Title V Permit Conditions II.B.4.e.3, II.B.6.h.1,
II.B.6.h.3, II.B.6.j.1, II.B.6.j.3, II.B.6.l.1, II.B.6.l.3, II.B.7.c.1, II.B.7.c.3, and I.S.2.c for failure to
notify the DAQ at least 60 days prior to testing, failure to submit the results of a completed stack
test within 60 days of the test completion, and failure to promptly notify the DAQ of any
deviations from its Title V Permit.

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 Paul Morris 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:PM:rh

Enclosure: Notice of Violation and Order to Comply

cc: Kimberly D. Shelley, Executive Director, Department of Environmental Quality
Weber-Morgan Health Department
DAQC-182-24
Page 3

The Utah Division of Air Quality

ooOoo
In the Matter of : Notice of Violation
Holcim (US) Inc. : and Order to Comply
:
: No. 20240228002
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.

2. Holcim is required to comply with the Utah Administrative Code (UAC) R307-415 and
the Conditions of the Title V operating permit #2900001004 revised March 25, 2022
(Title V Permit).

3. For Particulate Matter (PM) emissions in the Transfer and Crusher Baghouses,
Condition II.B.4.e.3 of the Title V Permit states: “The results of stack testing shall be
submitted to the Director within 60 days of completion of the testing.”

4. For Dioxins/Furans (D/F) emissions in the Rotary Kiln, Condition II.B.6.h.1 of the Title
V Permit states in part: “The permittee shall demonstrate compliance with the
emissions standards and operating limits by using the test methods and procedures
in 40 CFR 63.1349 and 40 CFR 63.7. (40 CFR 63.1348(a)).” 40 CFR 63.7(b)(1)
states in part: “The owner or operator of an affected source must notify the
Administrator in writing of his or her intention to conduct a performance test at least
DAQC-182-24
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60 calendar days before the performance test is initially scheduled to begin…”
Condition II.B.6.h.3 of the Title V Permit states in part: “In addition to the reporting
requirements in Section I of this permit, the permittee shall report the results of the
performance test before the close of business on the 60th day following the
completion of the performance test.”

5. For PM emissions in the Rotary Kiln, Condition II.B.6.j.1 of the Title V Permit states in
part: “At least 60 days before the test, the source shall notify the Director of the date,
time, place of testing, and submit a source test protocol containing the items in
R307-165-3.” Condition II.B.6.j.3 of the Title V Permit states in part: “In addition to the
reporting requirements in Section I of this permit, the permittee shall report the results
of the performance test before the close of business on the 60th day following the
completion of the performance test.”

6. For organic Hazardous Air Pollutants (oHAP) emissions in the Rotary Kiln, Condition
II.B.6.l.1 of the Title V Permit states in part: “The permittee shall demonstrate
compliance with the emissions standards and operating limits by using the test
methods and procedures in 40 CFR 63.1349, R307-170, and 40 CFR 63.7. (40 CFR
63.1348(a)).” 40 CFR 63.7(b)(1) states in part: “The owner or operator of an affected
source must notify the Administrator in writing of his or her intention to conduct a
performance test at least 60 calendar days before the performance test is initially
scheduled to begin…” Condition II.B.6.l.3 of the Title V Permit states in part: “In
addition to the reporting requirements in Section I of this permit, the permittee shall
report the results of the performance test before the close of business on the 60th
day following the completion of the performance test.”

7. For PM emissions in the Clinker Cooler, Condition II.B.7.c.1 of the Title V Permit
states in part: “The permittee shall demonstrate compliance with the emissions
standards and operating limits by using the test methods and procedures in 40 CFR
63.1349 and 40 CFR 63.7. (40 CFR 63.1348(a)).” 40 CFR 63.7(b)(1) states in part:
“The owner or operator of an affected source must notify the Administrator in writing
of his or her intention to conduct a performance test at least 60 calendar days before
the performance test is initially scheduled to begin…” Condition II.B.7.c.3 of the Title
V Permit states in part: “In addition to the reporting requirements in Section I of this
DAQC-182-24
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permit, the permittee shall report the results of the performance test before the close
of business on the 60th day following the completion of the performance test.”

8. 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.”

9. “Prompt” is defined under Enforceable Dates and Timelines in Title V Permit as
“written notification within 14 days.”

10. On June 16, 2023, Holcim personnel emailed a draft of a Relative Accuracy Test
Audit and Compliance Test Protocol to the DAQ with the intended test dates of July
17-21, 2023. A representative of the DAQ Director (inspector) conducted an initial
review of the protocol on July 5, 2023, and replied by email, to Clinton Badger, Paul
Rogers, and Darrick Dease of Holcim, asking if the protocol submitted was the final
version as the watermark “Draft” was superimposed on every page.

11. On July 17, 2023, Clinton Badger sent an email with the final version of the protocol
and mentioned that the testing company, Mostardi Platt, was setting up and would
begin testing the following day.

12. Testing was completed on July 21, 2023.

13. On January 18, 2024, DAQ received the test report for the testing that was completed
on July 21, 2023.

14. As of February 20, 2024, Holcim has not submitted written deviation reports to DAQ
for failure to notify the DAQ at least 60 days prior to testing and failure to submit the
results of a completed stack test within 60 days of the test completion. Such deviation
reports should have been sent to the DAQ within 14 days of the deviations from Title
V Permit requirements.
DAQC-182-24
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Violations:

Based on the foregoing Findings and in accordance with the Act, UAC R307-415, and the Title V
Permit, Holcim is in violation of:

1. Conditions II.B.6.h.1, II.B.6.j.1, II.B.6.l.1, and II.B.7.c.1 of the Title V Permit for failure
to notify the Director at least 60 days before performance testing.

2. Conditions II.B.4.e.3, II.B.6.h.3, II.B.6.j.3, II.B.6.l.3, and II.B.7.c.3 of the Title V Permit
for failure to submit the performance test report before the close of business on the
60th day following the completion of testing.

3. Condition I.S.2.c of the Title V Permit for failure to submit prompt (within 14 days)
written deviation reports for failure to submit a pretest protocol to the DAQ at least 60
days prior to testing and failure to submit the results of a completed stack test within
60 days of completion of the testing or before the close of business on the 60th day
following the completion of the performance test.

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.4.e.3, II.B.6.h.1,
II.B.6.h.3, II.B.6.j.1, II.B.6.j.3, II.B.6.l.1, II.B.6.l.3, II.b.7.c.1, II.B.7.c.3, and I.S.2.c of the Title V
Permit, Holcim is hereby ordered to:

1. Immediately initiate all actions necessary to achieve total compliance with all
applicable provisions of the Act, UAC R307-415, 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 notify the DAQ at least 60 days prior to testing, failure to submit the results
DAQC-182-24
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of a completed stack test within 60 days of the test completion or before the close of
business on the 60th day following the completion of the performance test, and failure
to submit prompt notification of the aforementioned deviations.

4. Submit a comprehensive compliance plan indicating how Holcim will avoid repeating
these 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
DAQ on or before March 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,
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
29th February