EPA v. SIMPLOT SILICA PRODUCTS

Case summary

SIMPLOT SILICA OPERATES A COAL FIRED WETSAND DRYER IN CLARK COUNTY, NV. IN 1988 SIMPLOT REMOVED A WET SCRUBBER REQUIRED AS BACT UNDER A PSD PERMIT ISSUED 1982, USED TO CONTROL S02 EMISIONS. SIMPLOT ASSUMED A MINOR EMISSIONS INCREASE WOULD OCCUR BASED ON AN ESTIMATE THAT 80% OF THE S02 WOULD BE REMOVED BY THE BAGHOUSE. A SOURCE TEST PERFORMED IN 4/96 SHOWED THAT ONLY 26% OF THE S02 WAS ACTUALLY REMOVED. SIMPLOT SILICA IS OPERATED BY THE MINERALS AND CHEMICALS GROUP, A DIVISION OF J.R. SIMPLOT COMPANY, A PRIVATELY HELD COMPANY ENGATED IN AGRICULTURE AND THE PRODUCTION AND DELIVERY A AGRUCULTURAL CHEMICALS. THE SIMPLOT FACILITY HAS OPERATED A MAJOR SOURCE WITHOUT BACT AND WITHOUT A PROPER PSD PERMIT FOR LONGER THAN 5 YEARS THIS CIVIL REFERRAL SEEKS INJUCTIVE RELIEF AND A PENALTY INCLUDING BOTH ECONOMIC BENEFIT AND GRAVITY COMPONENTS. THE INJUNCTIVE RELIEF WOULD BE THE INSTALLATION OF A SCRUBBER, PREVIOUSLY INDENTIFIED AS BACT FOR S0Z CONTROL.

Defendants (1)

• J.R. SIMPLOT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SIMPLOT SILICA

  665 SIMPLOT ROAD, OVERTON, NV, 89040

  Registry ID: 110006821699

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SIMPLOT SILICA PRODUCTS (Consent Decree)entered 2004-04-16

  Primary law: CAA

  Federal penalty: $525,000

Timeline (5 milestones)

• 1999-09-30Referred To Dept Of Justice
• 1999-10-25Enforcement Action Data Entered
• 2004-02-12Complaint Filed With Court
• 2004-02-12Final Order Lodged
• 2004-04-16Final Order Entered