DAQ-2024-010856

State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF AIR QUALITY
Bryce C. Bird
Director
September L7,2024 DAQC-924-24
Site ID 14931 (Bl)
Sent Via Certified Mail No. 70190700000208347419
Margaret Marsh
Flowers Bakeries, LLC
Flowers Baking Co. of Utah,LLC
1919 Flowers Circle
Thomasville, Georgia 317 57 -1 137
Flowers Baking Company of Utah, LLC
6208 West Dannon Way
West Jordan, Utah 84081-5694
Sent Via Certified Mail No. 70190700000208347426
Corporation Service Company
Registered Agent
15 West South Temple, Suite 600
Salt Lake city, Utah 84101-1536
Notice of Violation and Order to Comply - Approval Order (AO)
DAQE-AN1493 1 0002-24 - Salt Lake County
Dear Ms. Marsh and Registered Agent:
On August 21,2024, a representative of the Director of the Utah Division of Air Quality (DAQ)
conducted a compliance inspection at the bakery located at 6208 Dannon Way, West Jordan, Salt
Lake County, owned and operated by Flowers Bakeries,LLC and Flowers Baking Co. of Utah,
LLC (collectively Flowers) located at 1919 Flowers Circle in Thomasville, Georgia. At the time
of inspection, it was determined that Flowers was in violation of AO DAQE-AN149310002-24
condition II.B.3.a for exceeding established Volatile Organic Compound (VOC) emission limits.
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]
w,w.deq.utoh.gov
Printed on 100% rccycled paper
Re:
DAQC-924-24
Page2
The enclosed Notice of Violation and Order to Comply (Order) is based on the findings
documented during the inspection dated August 27,2024, and the documentation provided by
Flowers. 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 Flowers, to submit written notif,rcation of its intent to comply, outlining how,
and when compliance will be achieved to the DAQ in writing on or before the l5th day after
receipt of this Order. Questions regarding this matter may be directed to Chad Gilgen at
(3 85) 306-6500 or [e-mail].
When responding, refer to the DAQC number in the upper right corner of this letter.
Sincerely,
,4d
Bryce C. Bird
Director
BCB:SW:rh
Enclosure: Notice of Violation and Order to Comply
cc: Kimberly D. Shelley, Executive Ditector, Department of Environmental Quality
Salt Lake County Health Department
DAQC-924-24
Page 3
The Utah Division of Air Quality
ooOoo
ln the Matter of :
Flowers Bakeries, LLC :
and Flowers Baking Co. :
of Utah, LLC :
ooOoo
Notice of Violation
and Order to Comply
No, 2024091 1008
This Notice of Violation and Order to Comply is issued by the Director of the Utah Division of Air
Quality (DAO) pursuant to the Utah Air Conservation Act (Act), Utah Code Ann. $ 19-2-101 et
seg. The Director is authorized to issue Notices of Violation pursuant to Utah Code Ann. S 19-2-
1 10. 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:
Flowers Bakeries, LLC, a Georgia limited liability company, and Flowers Baking Co. of
Utah, LLC, a Utah limited liability company, (collectively Flowers) operate the bakery at
6208 Dannon Way, in West Jordan, Salt Lake County. On July 19, 2024, DAQ issued an
Approval Order (AO) DAOE-AN149310002-24 to Flowers.
AO Condition ll.B.3.a requires that the owner/operator shall not emit more than 28.90 tons
per rolling 12-month period of Volatile Organic Compounds (VOC) from the fermenting
and baking operations on site. Records provided during a compliance inspection on
August 21 , 2024, showed actual VOC emissions were at 222.3535 tons for the rolling
12-month period through July 2024.
1.
2.
DAQC-924-24
Page 4
Violations:
Based on the foregoing Findings and in accordance with the Act, and AO
DAQE-AN149310002-24, Flowers, is in violation of:
1. Condition ll.B.3.a of the AO for failure to limit VOC emissions to no more than 28.90 tons
per rolling 12-month period from the fermenting and baking operations on site.
Order:
Based on the foregoing Findings and Violations, and pursuant to Utah Code Ann. SS 19-2-
107(2)(a)(xiii), 19-2-110(1), 19-2-120, and the applicable conditions of AO
DAQE-AN149310002-24, Flowers is hereby ordered to:
1. lmmediately initiate all actions necessary to achieve total compliance with all applicable
provisions of the Act, and AO DAQE-AN149310002-24 Condition ll.B.3.a.
2. Notify this office in writing on or before the 1Sth day after receipt of this letter, of Flowers'
intent to comply with this Order and indicate how compliance is to be achieved.
3. Submit a Notice of lntent for a Major Source Approval Order modification to the DAQ on
or before 30 days from the date of receipt of this notice.
4. Submit a comprehensive compliance plan with an accelerated timeline for installation and
emission testing of the two (2) new catalytic oxidizers listed in AO
DAQE-AN1 49310002-24 on or before 30 days of the date of receipt of this notice.
5. Submit to the DAQ the updated rolling 12-month VOC emission numbers from fermenting
and baking operations each month, no later than the 1't of each month, until directed
otherwise by the DAQ.
DAQC-924-24
Page 5
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. S 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. lf 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 AO DAQE- AN149310002-24, 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
Flowers 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.
psfsd roth day of September 2024.
4-d
Bryce C. Bird, Director
Utah Division of Air Quality
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MARGARET MARSH
FLOWERS BAKERIES, LLC
FLOWERS BAKING CO. OF UTAH. LLC
I9I9 FLOWERS CIRCLE
THOMASVILLE, GA 31757-1137
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CORFORATION SERVICE COMPANY
REGTSTEREE AGENT
I5 W S TEMPLE, STE 600
SALT LAKE CITY, UT 8410I-1536
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AH DIVISION OF AIR QUALITY
MPLIANCE SECTION
BOX 144820
T LAKE CITY UT 84114-4820
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