DAQ-2024-007672

Chad Gilgen <[e-mail]>
AO Compliance Letter
2 messages
Justin Ipsen <[e-mail]>Thu, Apr 11, 2024 at 5:13 PM
To: "[e-mail]" <[e-mail]>
Cc: "[e-mail]" <[e-mail]>, Jennifer Johnson <[e-mail]>
Hello Chad,
Please find attached, the information associated with a compliance issue we experienced recently. The letter explains
everything in detail. We had reached out to a Connor Kijowski and was given instruction on next steps associated with the
situation we discussed. Please reach out with comments/ questions. Thank you.
Justin Ipsen
Director, Facilities Operations – Ogden Plant | Manufacturing & Supply Chain
Care Enablement
Fresenius Medical Care
Fresenius Medical Care North America
475 West 13th Street
Ogden, UT 84404
M [phone]
[e-mail]
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UDAQ_Letter_2024.pdf
623K
Chad Gilgen <[e-mail]>Tue, Apr 30, 2024 at 12:02 PM
To: Justin Ipsen <[e-mail]>
Cc: "[e-mail]" <[e-mail]>, Jennifer Johnson <[e-mail]>
Hello Justin,
4/30/24, 12:03 PM State of Utah Mail - AO Compliance Letter
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permthid=thread-f:1796081961548504973&simpl=msg-f:17960819615485049…1/2
REVIEWED
Initials: CG Date: 4-30-24
Compliance Status: In Compliance - Utah
Environmental Self-Evaluation Act 19-7-109
File # 10951 (B2)
Thank you for submitting this letter detailing the reasons for Generator 6 exceeding the 100 hours per rolling 12-month
period for non-emergency use and the steps taken by Fresenius to avoid future occurrences.
The letter has been reviewed and determined to meet the criteria of "Utah Environmental Self-Evaluation Act 19-7-109 -
Incentives for voluntary disclosure and compliance - Waiver of civil penalties" with the DAQ recommending no further
action at this time.
Please let me know if you have any questions or would like to discuss this matter further.
Sincerely,
Chad
Chad Gilgen | Manager | Minor Source Compliance
385-306-6500 (cell)
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
[Quoted text hidden]
4/30/24, 12:03 PM State of Utah Mail - AO Compliance Letter
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permthid=thread-f:1796081961548504973&simpl=msg-f:17960819615485049…2/2

Fresenius Medical Care North America
Corporate Headquarters: 920 Winter Street, Waltham, MA 02451 Main: 781-699-9000

Approval Order (AO) DAQE-AN109510024-23 compliance correspondence

To Chad Gilgen
cc Connor Kijowski
Jennifer Johnson
From Justin Ipsen
Telephone [phone] Mobile [phone]
E-Mail [e-mail]
Pages 02 Date 10 April 2024

Fresenius Medical Care operates, maintains, tracks, and reports under APROVAL ORDER (AO) DAQE -
AN109510024-23. Upon tracking generator run hours for February, EHS Specialist Jennifer Johnson noticed run
hours for Generator 6 exceeded the allowable limit of NMT 100 hours per rolling 12-month period. The incident
triggered an investigation into details associated with non-emergency versus emergency run time with regard to
Generator 6.

Under AO DAQE-AN109510024-23 and the following sections, we referenced the regulation:
• II.B.3 The owner/operator shall not operate each emergency generator engine on site for more than
100 hours per rolling 12-month period during non-emergency situations. There is no time limit on
the use of the engines during emergencies. [40 CFR 63 Subpart ZZZZZ, R307-401-8]
• II.B.3.a Emergency generator engines shall be used for electricity-producing operation only during
the periods when electric power from the public utilities is interrupted, or for regular maintenance
of the generator engines. [R307-401-8]

The Utilities Department Maintenance Technicians run the plant generators (14 total) once per week as part of our
Preventative Maintenance (PM) schedule. This is to ensure proper start up and minor technical data such as
temperatures, battery charge, visual/audio inspection, and fuel levels. We contract with Wheeler Power Systems to
perform quarterly and/or bi-annual testing and in-depth technical maintenance on the generators. The weekly test for
Generator 6 was performed on February 7, 2024. The maintenance technician performing the test inadvertently left
the generator in “run” mode. The generator ran for a total of 135 hours before it was noticed and put offline. The
EHS Specialist noticed the outlying reading when she received the monthly generator fuel usage. See Table 1 for
generator specification data and diesel usage per generator.

TABLE 1

The EHS Specialist made phone calls and notification to management, triggering our investigation into the incident.
The investigation included the following:
 Reviewing plant data as the possibility of an actual power loss
 Confirming Generator 6 service area (IT DATA CENTER) experienced no issues
 Ensuring no technical generator malfunctions occurred due to the weekly test
 Discussed the weekly test procedures with the department technician
 Established a time line of events and the unnoticed state of the generator
o Night shift on Wednesday, February 7 generator started for routine testing
o Wheeler Power Systems technician just so happened to be on site to perform scheduled
maintenance and let us know the generator was running
o Monday, February 12 generator shut off
o ~ 5.6 days summed up the 135 hours of non -emergency unnoticed run time for Generator 6
o Other Contributing Factors
 Smaller and quieter generator
 Hidden from view and emits NO exhaust

After investigation and several discussions, we conducted the following steps to mitigate the issue and prevent
recurrence of the inadvertency:
 Technician training on the weekly testing procedure and being aware of surroundings
 Individual counsel with the technician that inadvertently switched the generator to “run” instead of back to
“auto”
 Additional verification to the weekly testing documentation that all generator settings and status are in
normal mode and condition

This incident is a first time occurrence. We conversed with our environmental consultants about the instance. The
consultants suggested we make a call to UDAQ and explain the situation in food faith and due diligence. The phone
call was made on Tuesday, April 9, 2024. We spoke directly to Connor Kijowski, detailed the incident over the
phone, and inquired about next steps. We received the following email (Figure 1) directing next steps associated
with submitting a letter and meeting criteria consistent with the Utah Environmental Self Evaluation Act.

FIGURE 1

Please consider this correspondence as our environmental self-evaluation with regard to the incident described as
well as reasonable actions to deter a recurrence of such an incident.

Best Regards

Justin Ipsen
Director Facilities Operations
Fresenius Medical Care Ogden