EPA v. J. R. Simplot (NC)

Case summary

On April 12, 2016, the U.S. Department of Justice entered 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 the San Joaquin Valley Unified Air Pollution Control District (California) are also parties to the action. The consent decree requires Simplot to pay a civil penalty of $899,000 ($167,000 of which goes to Idaho) and perform a $200,000 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 spend over $40 million 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.

Defendants (1)

• JR SimplotNamed in complaintNamed in settlement

Facilities (2)

• JR SIMPLOT CO

  16777 S HOWLAND RD, LATHROP, CA, 95330

  Registry ID: 110000485109

• JR SIMPLOT CO

  16777 S HOWLAND RD, LATHROP, CA, 95330

  Registry ID: 110000485109

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• J. R. Simplot (NC)entered 2016-04-12

  Primary law: CAA

  Federal penalty: $206,000

Timeline (5 milestones)

• 2013-06-28Referred To Dept Of Justice
• 2013-10-31Enforcement Action Data Entered
• 2015-12-03Complaint Filed With Court
• 2015-12-03Final Order Lodged
• 2016-04-12Final Order Entered