EPA v. PCS NITROGEN FERTILIZER, L.P./AA SULFURIC, INC./WHITE SPRINGS AGRICULTURAL CHEMICALS, INC. (NC)

Case summary

2/16/15 - THE SETTLEMENT REQUIRES PCS NITROGEN FERTILIZER, AA SULFIRIC INC., AND WHITE SPRINGS AGRICULTURAL CHEMICALS INC., TO INSTALL, UPGRADE AND OPERATE STATE-OF-THE-ART POLLUTION REDUCTION MEASURES, AS WELL AS INSTALL EMISSIONS MONITORS AT 8 SULFURIC ACID PLANTS ACROSS FACILITIES IN GEISMAR, LA (ONE PLANT); WHITE SPRINGS, FL (4 PLANTS); AND AURORA, NC (3 PLANTS). THE 3 COMPANIES WILL SPEND AN ESTIMATED $50 MILLION ON THESE MEASURES AND WILL PAY A $1.3 MILLION CIVIL PENALTY. PCS NITROGEN FERTILIZER, AA SULFURIC, INC., AND WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., ARE PARTIES TO THE CD. THE POTASH CORPORATION OF SASKATCHEWAN IS THE PARENT CORPORATION OF ALL THREE COMPANIES AND IS THE LARGEST MANUFACTURER OF FERTILIZER IN THE WORLD. VIOLATIONS: THE COMPLAINTS ALLEGES THAT THE COMPANIES CONSTRUCTED OR MADE MODIFICATIONS TO ITS SULFURIC ACID PLANTS, RESULTING IN INCREASED EMISSIONS OF SULFURIC DIOXIDE WITHOUT FIRST OBTAINING PRE-CONSTRUCTION PERMITS AND INSTALLING REQUIRED POLLUTION CONTROL EQUIPMENT, IN VIOLATION OF: - CAA PREVENTION OF SIGNIFICANT DETERIORIATION AND TITLE V PERMITTING REUQIREMENT PROVISIONS, 42 U.S.C. SECTIONS 7470-7492, 7661-7661f. - THE STATE IMPLEMENTATION PLANS (SIPs) OF FLORIDA, LOUISIANA, AND NC, 42 U.S.C. 7410. - THE CAA NEW SOURCE PERFORMANCE STANDARDS, 42 U.S.C. SECTION 7411, AND THE REGS AT 40 CFR SUBPARTS A AND H, INCLUDING THE SULFUR DIOXIDE EMISSIONS LIMIT AND THE REQUIREMENT TO INSTALL, CALIBRATE, MAINTAIN AND OPERATE A CONTINUOUS EMISSION MONITORING SYSTEM FOR THE MEASUREMENT OF SULFUR DIOXIDE. INJUNCTIVE RELIEF: THE COMPANIES WILL SPEND AN ESTIMATED $50 MILLION ON MEASURES TO REDUCE EMISSIONS OF SULFUR DIOXIDE AND TO INSTALL CONTINUOUS MONITORS. THE COMPANIES WILL ALSO UNDERTAKE A SUPPLEMENTAL ENVIRONMENTAL PROJECT VALUED AT $2.5 MILLION. POLLUTANT REDUCTIONS: ONCE ALL EMISSIONS CONTRONS AND EMISSIONS-REDUCTION PRACTICES HAVE BEEN IMPLEMENTED, THIS SETTLEMENT WILL RESULT IN AN ESTIMATED REDUCTION IN SULFUR DIOXIDE EMISSIONS OF MORE THAN 12600 TONS PER YEAR. IN ADDITION, IMPLEMENTATION OF THE SUPPLEMENTAL ENVIORNMENTAL PROJECT AT THE CO-LOCATED NITRIC ACID PLANT AT THE GEISMAR, LA, FACILITY WILL RESULT IN ESTIMATED EMISSIONS REDUCTIONS OF 60 TONS PER YEAR OF NITROGEN OXIDE AND 430 TONS PER YEAR OF AMMONIA.

Defendants (4)

• WHITE SPRINGS AGRICULTURAL CHEMICALS, INC.Named in complaintNamed in settlement
• POTASH CORPORATION OF SASKATCHEWAN, INC.
• PCS NITROGEN FERTILIZER, L.P.Named in complaintNamed in settlement
• AA SULFURIC CORP.Named in complaintNamed in settlement

Facilities (7)

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

• PCS PHOSPHATE COMPANY, INC. - AURORA

  1530 NC HIGHWAY 306 SOUTH, AURORA, NC, 27806

  Registry ID: 110000586376

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

• WHITE SPRINGS AGRICULTURAL CHEMICALS,INC

  15843 SE 78TH STREET, WHITE SPRINGS, FL, 32096

  Registry ID: 110000588640

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• WHITE SPRINGS AGRICULTURAL CHEMICALS, INC. / PCS PHOSPHATE CO., AURORA, NC (NC) (04-2015-C004)entered 2015-02-26

  Primary law: CAA

  Federal penalty: $831,250

Timeline (6 milestones)

• 2010-12-21Referred To Dept Of Justice
• 2010-12-27Enforcement Action Data Entered
• 2014-11-06Final Order Lodged
• 2014-11-06Complaint Filed With Court
• 2015-02-26Concluded
• 2015-02-26Final Order Entered