DAQ-2025-000009

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-1245-24
Site ID 16032 (B1)

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

Dear Mr. Spencer:

Re: Self-Disclosure Notification and Request for Full Enforcement Mitigation
DAQE-AN160320002-23, Eagle Mountain, UT

The Utah Division of Air Quality (DAQ) has reviewed your 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). The request was received via email on December 3,
2024, following an internal evaluation conducted by the company at the Tyson Foods Eagle
Mountain Meat Packaging Plant which operates under DAQ Approval Order (AO)
DAQE-AN160320002-23. Potential non-compliance with AO conditions I.3 and II.A.8 was
confirmed by the company on November 13, 2024, as part of this self-evaluation for the presence
of an additional 500-gallon mobile diesel storage tank not listed on the AO.

Following this discovery, Tyson Foods conducted a full self-evaluation under the Act and
submitted the aforementioned notification. The notification explained that the source is
addressing the non-compliance by documenting the information necessary to submit a Notice of
Intent (NOI) to add this 500-gallon mobile diesel storage tank to the AO. The violation will be
fully remedied within 60 days of discovery or within a reasonable amount of time if it cannot be
remedied within 60 days.

DAQ “shall waive civil penalties for an instance of noncompliance with an environmental law or
requirement” if the following conditions are met: (1) the regulated entity discovers noncompliance
through an environmental self-evaluation; (2) the regulated entity voluntarily discloses
noncompliance to DAQ in writing within 21 days of violations’ discovery; (3) the regulated entity
corrects the violation within 60 days after the discovery or within a reasonable amount of time;
and (4) the regulated entity submits to DAQ a written outline of reasonable steps it will take to
prevent recurrence. Utah Code § 19-7-109(2). Tyson Foods’ self-evaluation and disclosure
submitted to DAQ on December 3, 2024, fully satisfies each of the statutory elements.

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DAQC-1245-24
Page 2

Additionally, any circumstances that would prevent DAQ from waiving civil penalties as listed in
Subsections 19-7-109(3) and (4) of the Utah Code are not present in this case. Based on this
voluntary self-disclosure notification, the DAQ concurs with Tyson Foods’ request to waive all
compliance actions and any potential penalties associated with this instance of non-compliance
conditional on return to compliance within 60 days of discovery or within a reasonable amount of
time.

Please notify the DAQ once an NOI to add the tank has been submitted and we will issue the final
determination.

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:jl

Enclosure: Self-Disclosure Notification and Request for Full Enforcement Mitigation
DAQE-AN160320002-23

cc: Marina Thomas, Utah Attorney General’s Office
Alan Humpherys, Manager, Minor New Source Review
1
December 3, 2024
Via Electronic Mail Transmission
Mr. Chad Gilgen
Minor Source Compliance Manager
Utah Department of Environmental Quality
195 N. 1950 W.
Salt Lake City, UT 84116
Tel: [phone]
[e-mail]
RE: Self-Disclosure Notification and Request for Full Enforcement Mitigation
DAQE-AN160320002-23
Dear Mr. Gilgen:
The Tyson Foods, Inc. (“Tyson”) Eagle Mountain, UT facility (“facility”) is submitting this
correspondence to the Utah Department of Environmental Quality (“DEQ”) as a self-disclosure
notification and request for review and approval for further processing pursuant to Utah Code’s
Environmental Self-Evaluation Act. Below we are providing background information and an
analysis of the factors enumerated in Utah Code Sec. 19-7-109 to demonstrate our qualification
for further review and disposition of our voluntary disclosure such that full mitigation shall be
applied to any penalty of our alleged violation(s) that would otherwise be imposed.
Background
The facility’s initial Air Permit (DAQE-AN160320001-21) was issued January 11, 2021. The
facility subsequently commenced operations on August 21, 2021.
A modified Air Permit (DAQE-AN160320002-23) was issued on June 9, 2023, which allowed for
the use of a 10,000-gallon diesel tank at the facility. However, a 500-gallon Mobile Diesel Storage
Tank that has been in use at the facility was not included as part of the Air Permit modification.
REVIEWED
Initials: CG Date: 12-17-24
Compliance Status: Self-Disclosure
NotificationFile # 16032 (B2)

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Incentives for Voluntary Disclosures and Compliance – Waiver of Civil Penalties Factors
According to Utah Code Sec. 19-7-109, “[t]he Department shall waive civil penalties for an
instance of noncompliance with an environmental law or requirement” if a facility meets a set of
enumerated factors. Those factors and our responses to each are as follows:
(a) a regulated entity discovered the alleged noncompliance through an environmental self-
evaluation;
The facility’s Air Permit and tank inventory was reviewed by the Complex Environmental
Manager (“CEM”) this November as part developing a storage tank inventory as requested by a
Tyson’s Air Compliance Specialist. Per that review, the CEM took note of the onsite Mobile Diesel
Storage Tank that was not originally covered by the Air Permit or the 2023 modification seen
below:

(b) a regulated entity voluntarily disclosed to the department in writing within 21 days after the
entity's discovery of the violation;
The alleged violation was confirmed by the facility on Nov. 13, 2024. This voluntary disclosure
is being made within 21 days of the discovery of the non-compliance.
(c) a regulated entity remedied or corrected within 60 days after discovery of the violation, or
within a reasonable amount of time if the violation cannot be remedied within 60 days;
The facility has begun the process to document the information necessary to submit a modification
to the Air Permit to include coverage for the 500-gallon Mobile Diesel Storage Tank.
(d) a regulated entity submitted to the department a written outline of reasonable steps the
regulated entity will take to prevent a recurrence;
The facility does not currently have plans to construct or purchase any additional Diesel Storage
Tanks. In the event that there is a future desire to do so, a review of the Air Permit will be taken
to verify whether coverage of the tank within the Air Permit is necessary.

3

Further, none of the following factors have been triggered such that waiver of civil penalties should
not apply:
(a) noncompliance resulted from a lack of due diligence in complying with environmental laws,
taking into account the size and nature of the regulated entity;
The facility proactively engaged in a voluntary assessment of its environmental compliance
obligations. The assessment was undertaken as part of the facility’s environmental management
system of review.
(b) the instance of noncompliance is a recurrence of a similarly caused specific violation or a
violation of the specific terms of a judicial or administrative consent order or agreement;
The information disclosed via this correspondence is being submitted in the first instance. This
facility has never used Utah Code Sec. 19-7-109 to self-report a tank usage permit violation.
Further, the facility is currently not subject to a consent order or agreement and thus is not in
violation of either.
(c) the instance of noncompliance resulted from reckless or willful disregard of environmental
laws;
The noncompliance was discovered via a voluntary review of the facility’s Air Permit and its
associated requirements related to the use of intervention chemicals.
(d) the regulated entity conducted the environmental self-evaluation for a fraudulent purpose;
The audit was done above board and with the most genuine and best intent. The noncompliance
was discovered via a voluntary review of the facility’s tank inventory and Air Permit.
(e) the department had already initiated a compliance investigation at the time of the disclosure
and the regulated entity had been advised of or was aware of the investigation;
Based on the facility’s knowledge, the DEQ has not initiated a compliance investigation of the
information contained in this disclosure. Nor has the facility been advised or been made aware of
a current or ongoing investigation.
(f) the instance of noncompliance was discovered pursuant to a legally mandated monitoring,
testing, or sampling requirement prescribed by law, rule, permit, order, or consent agreement;
The noncompliance was discovered via a voluntary review of the facility’s tank inventory and Air
Permit.
(g) the instance of noncompliance resulted in serious actual harm or imminent and substantial
endangerment to human health or the environment;

4

Based on information available to the facility, the noted issue has not resulted in actual harm or
imminent endangerment. We expect that any potential VOC emissions from the operation of this
Mobile Diesel Storage Tank to be negligible.
We appreciate your review and consideration of our self-disclosure submittal, and we respectfully
request that you apply maximum enforcement discretion and penalty mitigation in light of the
voluntary and proactive nature of our disclosure. If you have any questions or need additional
information, please contact me at [e-mail] with questions concerning the
information we have provided.

Sincerely,

Stuart Spencer
Tyson, Senior Environmental Counsel

cc: Mr. Steve Patrick, Tyson
Mr. Eric Rodriquez, Tyson
Mr. Daniel Goldfarb, Tyson
Ms. Phoebe Christ, Tyson