DAQ-2025-001078

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-179-25
Site ID 16032 (B1)

Stuart Spencer
Tyson Foods, Inc.
2200 West Don Tyson Parkway
Springdale, AR 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 3, 2024, 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
conditions I.3 and II.A.8 of Approval Order (AO) DAQE-AN160320002-23 for the presence of a
500-gallon mobile diesel storage tank not listed on the AO.

The DAQ provided a response (DAQC-1245-24) on December 23, 2024, 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.

Tyson Foods submitted a Notice of Intent (NOI) to the DAQ on January 10, 2025, to add this
diesel storage tank to the AO. The NOI was accepted as complete by the DAQ on January 15,
2025, and a new AO will be issued including the tank.

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.

" / 2 / 6 Ú á Û Ù Û Þ
DAQC-179-25
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:jl

Enclosure: Email Correspondence - Re: Self-Disclosure Notification and Request for Full
Enforcement Discretion - Application N160320003 for Tyson Foods, Inc. – Eagle Mountain Meat
Packaging Plant was received on 01/10/2025 by Division of Air Quality

cc: Marina Thomas, Utah Attorney General’s Office
Chad Gilgen <[e-mail]>
Re: Self-Disclosure Notification and Request for Full Enforcement Discretion -
Application N160320003 for Tyson Foods, Inc.- Eagle Mountain Meat Packaging
Plant was received on 01/10/2025 by Division of Air Quality
Chad Gilgen <[e-mail]>Fri, Jan 31, 2025 at 3:46 PM
To: "Spencer, Stuart" <[e-mail]>
Cc: "Rodriquez, Eric" <[e-mail]>, "Patrick, Steve" <[e-mail]>, "Christ, Phoebe"
<[e-mail]>, "Goldfarb, Daniel" <[e-mail]>, Marina Thomas
<[e-mail]>, "Gean, Buster" <[e-mail]>, Christine Bodell <[e-mail]>
Hello Stuart,
Thanks for the update. Our NSR group has reviewed the NOI and everything appears to be in order. I will get a letter
closing this one out sent to your attention within the next 7-10 business days.
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 Tue, Jan 14, 2025 at 9:52 AM Spencer, Stuart <[e-mail]> wrote:
Dear Chad,

Following up on you 12/23/24 Communication (attached), I can report that the UDEQ Division of Air Quality has
successfully received our NOI to modify the Air Approval Order for the Eagle Mountain facility. I have included the
confirmation email we received yesterday from UDEQ below.

If you need any additional information, please let me know.

Thank you again for responsive and engagement.

Best,

Stuart

2/14/25, 12:56 PM State of Utah Mail - Re: Self-Disclosure Notification and Request for Full Enforcement Discretion - Application N160320003 for Tys…
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-3404722685455009958&dsqt=1&simpl=msg-a:r-3404722…1/3
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]

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From: [e-mail] <[e-mail]>
Sent: Monday, January 13, 2025 8:01 PM
To: [e-mail]; [e-mail]; [e-mail]; Goldfarb, Daniel <[e-mail]>
Subject: [EXTERNAL] - Application N160320003 for Tyson Foods, Inc.- Eagle Mountain Meat Packaging Plant was
received on 01/10/2025 by Division of Air Quality

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
*** THIS IS AN AUTO GENERATED EMAIL *** DO NOT RESPOND TO THIS EMAIL ***
Dear Daniel Goldfarb,
The Division of Air Quality (DAQ) received your permit application (NOI) N160320003 for Tyson Foods, Inc.- Eagle
Mountain Meat Packaging Plant on 01/10/2025.
Christine Bodell is the project engineer, and they will be reviewing the NOI in the upcoming weeks. In accordance with
Rule R307-401-5, they will notify you if your NOI meets the minimal application requirements or if additional information
will be needed.
The projected review process and timelines are estimated to be the following:
Initial Review of NOI and Information Request – within 30 days from NOI received
Engineering Review drafted– within 30 days from date of completed NOI
Internal reviews conducted (peer, modeling, compliance) – estimated 14 days after draft Engineering Review
Source Review –10 business days to review Engineering Review and draft conditions
2/14/25, 12:56 PM State of Utah Mail - Re: Self-Disclosure Notification and Request for Full Enforcement Discretion - Application N160320003 for Tys…
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-3404722685455009958&dsqt=1&simpl=msg-a:r-3404722…2/3
Start of Public Comment Period – within 7 days from source approval of Engineering Review
Public Comment Period – 30 days (potential extension up to 30 days if requested)
Final Approval Order – within 14 days from end of public comment period
All melines above are esmates, and listed for reference only.
Your permit writer will be contacting you shortly. Their contact information is the following:
Christine Bodell
[e-mail]
[phone]
If you have not heard from the engineer within 21 days from today, please contact Alan Humpherys at
[e-mail] or by phone at 385-306-6520.

Best Regards,
Division of Air Quality

*** THIS IS AN AUTO GENERATED EMAIL *** DO NOT RESPOND TO THIS EMAIL ***
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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.
2/14/25, 12:56 PM State of Utah Mail - Re: Self-Disclosure Notification and Request for Full Enforcement Discretion - Application N160320003 for Tys…
https://mail.google.com/mail/u/0/?ik=36f4379b4d&view=pt&search=all&permmsgid=msg-a:r-3404722685455009958&dsqt=1&simpl=msg-a:r-3404722…3/3