EPA v. J.R. SIMPLOT COMPANY (NC)

Case summary

DOJ Enters Consent Decree with J.R. Simplot Company (Lathrop, CA, Pocatello, ID and Rock Springs, WY) for CAA Violations On December 3, 2015, the U.S. Department of Justice lodged a consent decree in the U.S. District Court in Boise, Idaho to resolve Clean Air Act (?CAA?) violations associated with J.R. Simplot Company?s (?Simplot?) modifications of its five sulfuric acid manufacturing plants in Lathrop, California; Pocatello, Idaho; and Rock Springs, Wyoming during 1991-2012 that resulted in substantially higher SO2 emissions. Specifically, Simplot?s plants failed to comply with the Prevention of Significant Deterioration (?PSD?) requirements with respect to SO2 at each of the five plants, and with respect to fine particulates (PM2.5) and sulfuric acid mist at one of the Pocatello plants. The State of Idaho and San Joaquin Valley Unified Air Pollution Control District are also parties to the action. The consent decree requires Simplot to pay a civil penalty and perform a wood stove replacement project near the Lathrop facility, which is located in a serious PM2.5 nonattainment area. The consent decree also requires Simplot to upgrade its air pollution control processes to comply with stringent short-term and long-term SO2 limits and other requirements in operating its sulfuric acid plants. Contacts: Julie Vergeront, (206) 553-1497; Roylene Cunningham, (206) 553-0513.

Defendants (1)

• Simplot PhosphatesNamed in complaintNamed in settlement

Facilities (2)

• SIMPLOT PHOSPHATES, LLC

  515 SOUTH HIGHWAY 430, ROCK SPRINGS, WY, 82902

  Registry ID: 110000600369

• ROCK SPRINGS FERTILIZER COMPLEX (SIMPLOT PHOSPHATES)

  515 SOUTH HIGHWAY 430, ROCK SPRINGS, WY, 82901

  Registry ID: 110000600369

Statutes cited

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

Enforcement conclusions (1)

• Simplot Phosphates (NC)entered 2016-04-12

  Primary law: CAA

  Federal penalty: $343,000

Timeline (5 milestones)

• 2010-09-30Referred To Dept Of Justice
• 2010-10-07Enforcement Action Data Entered
• 2010-12-03Complaint Filed With Court
• 2015-12-03Final Order Lodged
• 2016-04-12Final Order Entered