EPA v. PHELPS DODGE CORP

Case summary

THE OCTOBER 15, 1981, CONSENT DECREE COVERS THE AJO AND MORENCI, ARIZONA COPPER SMELTERS OWNED BY PHELPS DODGE AND RESOLVED A CIVIL ACTION FILED ON MARCH 26, 1981 FOR VIO- LATIONS OF THE ARIZONA STATE IMPLEMENTATION PLAN. THIS CONSENT DECREE WAS THE FIRST INVOLVING A PRIMARY COPPER SMELTER AND IT REQUIRES COMPLIANCE WITH BOTH THE SULFUR DI- OXIDE (SO2) AND PARTICULATE (TSP) ARIZONA STATE IMPLEMEN- TATION PLAN (SIP) EMISSION LIMITATIONS. UNDER THE 1981 CONSENT DECREE, THE AJO AND MORENCI SMELTERS ARE TO ACHIEVE COMPLIANCE BY DECEMBER 31, 1985 AND JANUARY 1, 1985, RESPECTIVELY, BY USE OF INNOVATIVE COPPER SMELTING TECHNOLOGY. THIS TECHNOLOGY IS REFERRED TO AS OX- YGEN ENRICHMENT OR OXYGEN SPRINKLE SMELTING. STRONG STREAMS OF PROCESS GASES ARE PRODUCED OF WHICH 3.5% ARE SO2. A NEW SULFURIC ACID PLANT THEN PROCESSES THE GAS TO PRODUCE SUL- FURIC ACID AS A BY-PRODUCT WHICH CAN BE SOLD. PARTICULATES ARE REMOVED FROM THE GAS STREAMS BEFORE ENTERING THE ACID PLANT. DURING THE INTERIM PERIOD OF THE DECREE THE SMELTERS ARE REQUIRED TO USE SUPPLEMENTAL CONTROL SYSTEMS (SCS) TO PROTEST THE SO2 NATIONAL AMBIENT AIR QUALITY STANDARD. SCS DOES NOT REDUCE EMISSIONS BUT VARIES EMISSIONS ACCORDING TO THE PREVAILING METEOROLOGICAL CONDITIONS. DURING PERIODS OF LITTLE WIND DISPERSION, THE EMISSIONS ARE CUT BACK. SECTION 123 OF THE CLEAN AIR ACT PROHIBITS RELIANCE ON SCS AS A PERMANENT MEANS OF ATTAINING AND MAINTAINING THE NAAQS AND AS SUCH IT IS ONLY ALLOWED DURING THE INTERIM PERIOD OF THE DECREE. PHELPS DODGE IS REQUIRED IN THE INTERIM PERIOD OF THE CONSENT DECREE AND NOW IN THE AMENDED CONSENT DECREE TO USE SUPPLEMENTARY CONTROL SYSTEMS IN ORDER TO PROTECT THE SO2 NAAQS. FOR REASONS AS YET UNEXPLAINED TO THE AGENCY THE MORENCI SMELTER SINCE JANUARY OF THIS YEAR HAS FREQUENTLY EXCEEDED THE NAAQS. THE AGENCY IS INVESTIGATING THE PROBLEM AND IS PREPARED TO TAKE APPROPRIATE ACTION SHOULD THERE CON- TINUE TO BE VIOLATIONS. A DEMAND LETTER FOR $185,000 IN STIPULATED PENALTIES REPRESENTING 37 VIOLATIONS OF THE NAAQS BETWEEN JANUARY AND JUNE 1983 WAS SENT ON DECEMBER 9, 1983. THE CORPORATION HAS PAID THE DEMANDED STIPULATED PENALTIES.

Defendants (1)

• PHELPS DODGE CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• PHELPS DODGE MORENCI INCORPORATED

  4521 U.S. HWY. 191, MORENCI, AZ, 85540

  Registry ID: 110039256275

• PHELPS DODGE MORENCI INCORPORATED

  4521 U.S. HWY. 191, MORENCI, AZ, 85540

  Registry ID: 110039256275

• PHELPS DODGE CORP NEW CORNELIA BRANCH

  MAIN ST, AJO, AZ, 85321

  Registry ID: 110009265623

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• PHELPS DODGE CORPentered 1981-10-15

  Primary law: CAA

  Federal penalty: $200,000

Timeline (9 milestones)

• 1980-03-05Enforcement Action Data Entered
• 1980-05-02Referred To Headquarters
• 1980-05-02Referred To Dept Of Justice
• 1981-03-25Referred TO U.S. Attorney
• 1981-03-26Complaint Filed With Court
• 1981-10-15Final Order Lodged
• 1981-10-15Final Order Entered
• 1981-10-15Concluded
• 1984-12-31Enforcement Action Closed