DAQ-2024-005020

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-093-24
Site ID 101647 (B1)

Kaylene Bridwell
Uinta Wax Operating, LLC
5128 Apache Plume Road
Fort Worth, TX 76107

Dear Ms. Bridwell:

Re: Compliance Advisory Response - Uinta Wax Operating LLC, 7-30-46 DLB, Duchesne
County

The Utah Division of Air Quality (DAQ) received a response letter from Uinta Wax Operating
LLC (UWO) dated December 8, 2023, regarding a Compliance Advisory
(DAQC-CA1016470001-23) for potential violations of the Utah Air Quality Rules. This
information provides some clarification and is addressed in the paragraphs below. Please respond
within 15 days of receipt of this letter.

In Comment/Item #1: The rule DAQ is referencing is R307-510-5 as shown in the Compliance
Advisory and your response. The DAQ is not sure why Subparts OOOO and OOOOa are
referenced and we do not see any applicability of these Subparts to engines subject to this rule.
Regardless, R307-510-5 applies only to engines at sites “that began operations, installed new
engines, or made modifications to existing engines after January 1, 2016.”1 The DAQ would not
expect records for an engine on the site that is not subject to this regulatory requirement because
of the applicability date of January 1, 2016. The well subject to the Compliance Advisory was
drilled before January 1, 2016, and would only fall under this regulation if there were
modifications made after January 1, 2016. Please, provide information about any modifications
made to the existing engines after January 1, 2016.

Assuming the engine is subject to the rule, UWO explains that Crescent Point Energy owned the
site at the time the rule was codified in 2018. DAQ infers that UWO thinks Crescent Point
Energy should have complied with the requirement at the time it owned the facility. But this
raises additional questions about the exact terms of sale from Crescent Point Energy to UWO.
Specifically, the responsibility to comply with environmental regulations and how instances of
existing non-compliance would be addressed. If UWO was required to but has not kept any recent

1 Utah Admin. Code r. R307-510-3(1).
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DAQC-093-24
Page 2

records and has not received any records from Crescent Point Energy, please explain how the
company would comply with this rule going forward.

In Comment/Item #2: The rule cited pertains to the owner or operator and record-keeping
requirements for the life of the engine. There are no provisions related to a change in ownership
or company record retention policies. If UWO has not performed its due diligence to come into
compliance with this rule, please explain how UWO intends to comply with this rule going
forward. If UWO can present a reasonable explanation or plan, the DAQ will consider closing out
the potential violation in this Compliance Advisory with a no further action notice.

In Comment/Item #3: The applicable section in 40 CFR Subpart JJJJ is 40 CFR § 60.4244.
Please explain your compliance with this rule and give a complete evaluation of the engine for our
review. If some of the requirements are unfamiliar, we encourage UWO to discuss these
requirements with the inspector during future inspections. 40 CFR § 60.4244 has been effective
and applicable for a number of years and should be complied with in your ongoing operations and
engine maintenance procedures.

For clarification, the DAQ issues Compliance Advisories when additional information or actions
are necessary to complete our inspection reports, and these are not considered formal notices of
violations. As stated in our Compliance Advisory letters, the document could lead to a No Further
Action, Warning, or an offer for an Early Settlement Agreement to quickly close out the
Compliance Advisory based upon the company’s response. As a last resort, the Compliance
Advisory could be elevated to a formal Notice of Violation which could then be handled with the
involvement of legal counsel on both sides. The Compliance Advisory process is intended to
focus on the field-level expectations and understanding at the sites. For this purpose, the field
personnel can participate and know exactly what we look for and expect at each site. The DAQ
intends to keep the action of this Compliance Advisory as simple and efficient as possible to
quickly address the issues that negatively affect the air quality in the Uinta Basin. Good air
quality is an essential element affecting the quality of life of your employees, local citizens, as
well as meeting the requirements for continued good business opportunities in the Basin.

Thank you for your cooperation in responding to this matter. If you have any questions regarding
this letter, please contact me at [phone] or at [e-mail].

Sincerely,

Rik Ombach, Manager
Minor Source Oil and Gas Compliance Section

RO:jl

cc: Marina Thomas, Utah Attorney General’s Office