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Home My WebLink AboutDAQ-2024-004802 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-1321-23 Site ID 10007 (B1) Sent Via Certified Mail No. 70190700000208346467 Weston Fry, Interim Plant Manager Holcim (US) Inc. 6055 East Croydon Road Morgan, Utah 84018-9004 Sent Via Certified Mail No. 70190700000208346504 CT Corporation System Registered Agent 1108 E. 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. 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 July 30, 2023, Holcim submitted a quarterly report for the second quarter of 2023 (2Q2023). On July 31, 2023, the inspector from the Division of Air Quality (DAQ) notified Holcim that the report was deficient. A representative for Holcim replied by email on three different occasions between August 11, 2023, and September 19, 2023, failing to provide the necessary information required in each of those replies. DAQ did not receive any replies after September 19, 2023. December 1 H v A ? A B DAQC-1321-23 Page 2 On October 30, 2023, Holcim was required to submit a quarterly SEDR for the third quarter of 2023 (3Q2023). It was not submitted as of the date of this notice. DAQ inquired regarding the report by email on November 24, 2023. There was no response to the email received from Holcim. 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 complete and accurate quarterly reports for the SO2, NOX, Hg, THC, and HCL monitors for 2Q2023 and 3Q2023. 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-1321-23 Page 3 The Utah Division of Air Quality ooOoo In the Matter of : Notice of Violation Holcim (US) Inc. : and Order to Comply : : No. 20231207004 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) R307-170-9 and the Conditions of the Title V operating permit #2900001004 dated November 18, 2021 (Title V Permit). 3. For sulfur dioxide (SO2) emissions, 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, 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 of permit deviation DAQC-1321-23 Page 4 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 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-1321-23 Page 5 11. On July 30, 2023, Holcim submitted 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 second quarter of 2023 (2Q2023). A representative of the DAQ Director (inspector) conducted an initial review of the report on July 31, 2023, and replied by email on July 31, 2023, to Clinton Badger of Holcim stating that the report did not contain the required ASCII files in .CSV format. 12. On August 11, 2023, Mr. Badger replied to the email with a .CSV file formatted SEDR for 2Q2023. On September 12, 2023, Mr. Badger was notified by the inspector by email that the report was deficient and contained inaccurate data from a prior quarter for the required quarterly calibrations. A reminder email was sent by the inspector on September 19, 2023, indicating that no reply regarding the deficient SEDR was received. On September 19, 2023, Mr. Badger replied to the email indicating that he would check into the problem and report the requested data. No further replies were received. 13. On October 30, 2023, Holcim was required to submit a SEDR for the third quarter of 2023 (3Q2023). On November 24, 2023, an email was sent by the inspector to Mr. Clinton Badger of Holcim inquiring about the 3Q2023 SEDR. No reply was received. Holcim has not submitted a 3Q2023 SEDR as of the date of this notice. 14. Holcim has never submitted written deviation reports to DAQ for failure to submit complete 2Q2023 and 3Q2023 reports by the due date. Such deviations reports should have been sent to DAQ within 14 days of the deviations from Title V Permit requirements i.e., by October 3, 2023 at the latest for the 2Q2023 report (14 days from September 19, 2023—the date of the last interaction with the inspector) and by November 13, 2023 for the 3Q2023 report (14 days from the due date of October 30, 2023). Violations: Based on the foregoing Findings and in accordance with the Act, 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 2Q2023 and 3Q2023 on or before the required due dates for the SO2 monitoring system. DAQC-1321-23 Page 6 2. Condition II.B.6.d.3 of the Title V Permit for failure to submit a complete and accurate SEDR for 2Q2023 and 3Q2023 on or before the required due dates 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 2Q2023 and 3Q2023 on or before the required due dates 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 2Q2023 and 3Q2023 on or before the required due dates 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 2Q2023 and 3Q2023 on or before the required due dates 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 2Q2023 and 3Q2023. 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, and II.B.6.m.3 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 R307-170-9, 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. DAQC-1321-23 Page 7 3. Submit complete and accurate SEDR reports for 2Q2023 and 3Q2023, as well as deviation reports required under Condition I.S.2.c of the Title V Permit for failure to submit complete and accurate SEDRs for 2Q2023 and 3Q2023 by the due dates required under UAC R307-170-9 on or before January 30, 2024 including all required certification statements by a responsible official. 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 ____________________, 2023. Bryce C. Bird, Director Utah Division of Air Quality 18th December