DAQ-2024-007973

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-445-24
Site ID 16032 (B1)

Stuart Spencer
Tyson Foods
2200 West Don Tyson Parkway
Springdale, Arkansas 72762

Dear Mr. Spencer:

Re: No Further Action Letter – RE: Self-Disclosure Notification and Request for Full
Enforcement Mitigation, DAQE-AN160320002-23, Eagle Mountain, UT

On December 8, 2023, the Utah Division of Air Quality (DAQ) received a self-disclosure
notification and request for full enforcement mitigation under the Environmental Self-Evaluation
Act, Utah Code §§ 19-7-101 through 19-7-109 (the Act) for potential non-compliance with
Approval Order (AO) DAQE-AN160320002-23 condition II.B.4.b for the presence of
Hydrochloric Acid (a Hazardous Air Pollutant – HAP) in an intervention chemical used as part of
source operations which was discovered during a self-evaluation.

The DAQ provided a response (DAQC-1358-23) on December 20, 2023, acknowledging receipt
of the letter and concurring with Tyson Foods’ request to waive all compliance actions and any
potential penalties associated with this instance of non-compliance conditional upon return to
compliance within 60 days of discovery or within a reasonable amount of time.

Since that time, Tyson Foods has provided the DAQ with periodic progress reports via email. The
most recent update, on May 2, 2024, indicates the transition to a non-HAP intervention chemical
is complete and Tyson Foods is now fully compliant with AO DAQE-AN160320002-23 condition
II.B.4.b.

Based on this information, the DAQ has determined that Tyson Foods meets the criteria of the Act
and will waive civil penalties for these instances of noncompliance and pursue no further action
regarding this matter.

6 Ú Þ Û Ù Û Ý
DAQC-445-24
Page 2

If you have any questions regarding this letter, please contact me at [phone] or
[e-mail].

Sincerely,

Chad Gilgen, Manager
Minor Source Compliance Section

CG:rh

cc: Marina Thomas, Utah Attorney General’s Office

Attachments: Email Correspondence - Tyson's Eagle Mountain, UT Self-Disclosure Request
Chad Gilgen <[e-mail]>
Tyson's Eagle Mountain, UT Self-Disclosure Request
Chad Gilgen <[e-mail]>Wed, May 8, 2024 at 9:47 AM
To: "Spencer, Stuart" <[e-mail]>
Hello Stuart,
Thank you for the update that Tyson Foods has completed transitioning to a non-HAP intervention chemical. I will get a
formal letter sent to your attention resolving this matter within the next 7-10 business days.
Thanks again,
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.
---------- Forwarded message ---------
From: Spencer, Stuart <[e-mail]>
Date: Thu, May 2, 2024 at 3:36 PM
Subject: RE: Re: Re: Re: Re: Tyson's Eagle Mountain, UT Self-Disclosure Request
To: Chad Gilgen <[e-mail]>
Dear Chad,

Good afternoon. I’m following up with you in response to our last email exchange in January. In my January 19th
correspondence (below), I shared that the install and conversion from Citrilow to Promoat XL at our Eagle Mountain
facility was estimated to occur in early March. The schedule slipped slightly, but that conversion has now taken place.
Specifically, the equipment conversion took place on April 28th. Further, the facility is now using Promoat RM rather than
Promoat XL.
I hope this update is helpful and that it allows you to grant full approval of our self-disclosure request. If you have any
questions about the information provided or need more details about the conversion project, please don’t hesitate to reach
out to me and I will work to promptly provide your with the answers to your questions.
Best,
Stuart

5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…1/8
Stuart Spencer,  Managing Counsel
Specialized Regulatory and Government Response
Law Department
Tyson Foods, Inc. | We feed the world like family.
2008 S. Thompson St, Springdale, AR 72764
479-290-6599 (desk)  |  479-717-0240 (mobile)
[e-mail]

CONFIDENTIALITY NOTE:

This e-mail transmission and all documents, files, or previous e-mail messages attached to it are sent by an
attorney and may contain confidential or legally privileged information.  This transmission is intended solely for
the exclusive use of the named recipient.  Suppose you are not the intended recipient or a person responsible for
delivering it to the intended recipient. In that case, you are notified that you must not read this transmission and
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this transmission is STRICTLY PROHIBITED.  If you have received this transmission in error, please
immediately notify the sender by telephone or return e-mail and delete the original message and its attachments
without reading or saving it.  Thank you.

From: Chad Gilgen <[e-mail]>
Sent: Monday, January 22, 2024 3:13 PM
To: Spencer, Stuart <[e-mail]>
Subject: [EXTERNAL] - Re: Re: Re: Re: Tyson's Eagle Mountain, UT Self-Disclosure Request

CAUTION: This email came from outside the company. Do not click on links or open attachments unless you can confirm
the sender and you know the contents are safe
Thanks, Stuart. That sounds great.

Chad
Chad Gilgen | Manager | Minor Source Compliance
385-306-6500 (cell)
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…2/8

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.

On Mon, Jan 22, 2024 at 11:40 AM Spencer, Stuart <[e-mail]> wrote:
Thank you Chad. I appreciate the quick follow up.

I believe our team members have already been in touch with the DAQ regarding any required permitting. Additionally,
the appropriate Tyson folks are copied above in order to to follow up on air permitting-related issues, as necessary.

I will continue to keep you updated as the project progresses.

Best,

Stuart

Stuart Spencer
Senior Counsel -Environmental
Tyson Foods
Direct: [phone]
Mobile: [phone]

From: Chad Gilgen <[e-mail]>
Sent: Monday, January 22, 2024 12:07 PM
To: Spencer, Stuart <[e-mail]>
Cc: Patrick, Steve <[e-mail]>; Lieberum, Andy <[e-mail]>; Sharp, Tom
<[e-mail]>; Rodriquez, Eric <[e-mail]>; Hays, Mike <[e-mail]>;
Goldfarb, Daniel <[e-mail]>; Christ, Phoebe <[e-mail]>; Marina Thomas
<[e-mail]>; Jay Morris <[e-mail]>; Alan Humpherys <[e-mail]>; Christine
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…3/8
Bodell <[e-mail]>
Subject: [EXTERNAL] - Re: Re: Re: Tyson's Eagle Mountain, UT Self-Disclosure Request

CAUTION: This email came from outside the company. Do not click on links or open attachments unless you can
confirm the sender and you know the contents are safe
Hello Stuart,

Thank you for the update on this project. The current proposed timeline to come back into compliance by early-March
2024 sounds good. Please keep me updated as the project progresses.

One item of note - You stated " The switch from one chemical to the other will require a modification of the mixing
cabinet and ventilation system and a swap-out of tanks at the facility." This action which may require a modification of
the Approval Order and is something that will need to be evaluated by our New Source Review group. I have included
Alan Humpherys and Christine Bodell on my response regarding these matters. Alan Humpherys is the New Source
Review manager and Christine Bodell is the New Source Review engineer that issued the June 9, 2023, Approval
Order for Tyson Foods.

Thank you,
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.

On Fri, Jan 19, 2024 at 12:28 PM Spencer, Stuart <[e-mail]> wrote:
Dear Mr. Gilgen:

Good afternoon. I hope this communication finds you doing well. I’m following up on Tyson’s 12-8-23 Sefl-
Disclosure submittal and UT DEQ DAQ’s subsequent conditional approval of said request (both attached). As noted
in the DAQ’s 12-20-23 correspondence, full approval of Tyson’s request will be granted upon the Eagle Mountain
facility’s “return to compliance within 60 days of discovery or within a reasonable amount of time.” To that end, I am
providing the following update to you.

5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…4/8
As noted in our 12-8-23 submittal, upon discovery that the intervention chemical Citrilow contains HAPs, the facility
began the process to switch out that intervention chemical for Promoat XL, a Peracetic Acid based chemical, and
began coordinating with Tyson’s Food Safety and Quality Assurance team regarding the transition. The switch from
one chemical to the other will require a modification of the mixing cabinet and ventilation system and a swap-out of
tanks at the facility.

When we submitted our self-disclosure, the Capital Investment Request (CIR) for the transition project was in the
process of being submitted for pre-approval. It has since been approved and was activated on 1-2-2024. Following
activation, the engineering team began requesting capital purchase orders on 1-17-24. Our best estimate is that the
equipment requested per the CIR has a roughly 6-week lead time. Based on that information, the install and
conversion to Promoat XL should happen in early March. Of course, that date is subject to change based on
equipment availability, transit/delivery time, 3rd-party contractor scheduling, and other factors outside our direct
control.

I hope this update is helpful and that it continues to move us forward toward full approval of our request once the
project is complete. If you have any questions about the information provided or need more details regarding the
estimated timeline, please don’t hesitate to reach out to me and I will work to promptly provide your with the answers
to your questions.

Best,

Stuart

Stuart Spencer
Senior Counsel -Environmental
Tyson Foods
Direct: [phone]
Mobile: [phone]

From: Chad Gilgen <[e-mail]>
Sent: Tuesday, December 19, 2023 3:22 PM
To: Spencer, Stuart <[e-mail]>
Cc: Patrick, Steve <[e-mail]>; Lieberum, Andy <[e-mail]>; Sharp, Tom
<[e-mail]>; Rodriquez, Eric <[e-mail]>; Hays, Mike <[e-mail]>;
Goldfarb, Daniel <[e-mail]>; Christ, Phoebe <[e-mail]>; Marina Thomas
<[e-mail]>; Jay Morris <[e-mail]>
Subject: [EXTERNAL] - Re: Re: Tyson's Eagle Mountain, UT Self-Disclosure Request

CAUTION: This email came from outside the company. Do not click on links or open attachments unless you can
confirm the sender and you know the contents are safe
Hello Stuart,

Please find attached an electronic copy of the DAQ's response to Tyson's Self-Disclosure Request. A hard copy will
be sent out as well. Let me know if you have any questions or would like to further discuss anything included in the
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…5/8
response.

Thanks,
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.

On Thu, Dec 14, 2023 at 1:21 PM Spencer, Stuart <[e-mail]> wrote:
Good afternoon Chad. Thank you for the quick review and response. I appreciate your prompt processing of our
request.

I’ll be on the lookout for the formal response.

Best,
Stuart

Stuart Spencer
Senior Counsel -Environmental
Tyson Foods
2200 West Don Tyson Parkway
Springdale, Arkansas 72762
Direct: [phone]
Mobile: [phone]
Fax: [phone]
[e-mail]
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…6/8

From: Chad Gilgen <[e-mail]>
Sent: Thursday, December 14, 2023 12:14 PM
To: Spencer, Stuart <[e-mail]>
Cc: Patrick, Steve <[e-mail]>; Lieberum, Andy <[e-mail]>; Sharp, Tom
<[e-mail]>; Rodriquez, Eric <[e-mail]>; Hays, Mike <[e-mail]>;
Goldfarb, Daniel <[e-mail]>; Christ, Phoebe <[e-mail]>; Marina Thomas
<[e-mail]>
Subject: [EXTERNAL] - Re: Tyson's Eagle Mountain, UT Self-Disclosure Request

CAUTION: This email came from outside the company. Do not click on links or open attachments unless you can
confirm the sender and you know the contents are safe
Hello Stuart,

Thank you for submitting this disclosure. The DAQ concurs with your assessment regarding Utah Code Section
19-7-109 and will be submitting a formal response to your attention within the next 10 business days.

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.

On Fri, Dec 8, 2023 at 12:27 PM Spencer, Stuart <[e-mail]> wrote:
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…7/8
Dear Mr. Gilgen:

Good afternoon. Please find attached for your consideration a self-disclosure submitted for Tyson’s Eagle
Mountain facility. On behalf of Tyson, I appreciate in advance your review and consideration of our request. If
you or your staff need additional information, please feel free to reach out to me and I will be glad to work to
provide it to you.

Sincerely,

Stuart Spencer
Senior Counsel – Environmental

Tyson Foods
2200 West Don Tyson Parkway
Springdale, Arkansas 72762
Direct: [phone]
Mobile: [phone]
Fax: [phone]
[e-mail]

This email and any files transmitted with it are confidential and intended solely for the use of the addressee. If
you are not the intended addressee, then you have received this email in error and any use, dissemination,
forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your
unintended receipt by reply and then delete this email and your reply. Tyson Foods, Inc. and its subsidiaries
and affiliates will not be held liable to any person resulting from the unintended or unauthorized use of any
information contained in this email or as a result of any additions or deletions of information originally contained
in this email.
5/8/24, 9:47 AM State of Utah Mail - Tyson's Eagle Mountain, UT Self-Disclosure Request
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-4906189045730748087&dsqt=1&simpl=msg-a:r-4906189…8/8