Pocatello-The U.S. Environmental Protection Agency has issued a Notice of Violation to the J.R. Simplot Co. for alleged violations of the federal Clean Air Act at the company’s phosphate fertilizer complex near Pocatello. If imposed, Simplot’s potential fines – ranging from $25,000 to $32,500 a day at two sulfuric acid plants – could total hundreds of millions of dollars in a worst-case scenario for the company. Lauris Davies, acting director of the EPA’s Office of Compliance and Enforcement in Seattle, notified Simplot attorney Terry Uhling in a Jan. 26 letter that EPA alleges Simplot failed to obtain required Prevention of Significant Deterioration (PSD) permits and satisfy all applicable statutory and regulatory requirements prior to starting modifications at its Don Plant, dating back to 1991-1992. EPA charges Simplot failed to obtain pre-construction permits and failed to comply with the Idaho PSD State Implementation Plan (SIP), operating the Don Plant in continuing violation of those regulations. Simplot also failed to apply for or obtain a modification to its Title V permit to incorporate applicable PSD requirements, continuing to operate the plant in violation of the Clean Air Act, it says. Simplot spokesman Rick Phillips said his company recently received the EPA Notice of Violation and would not yet be able to comment about its specific points. The notice is part of EPA’s nationwide investigation into compliance of sulfuric acid plants, Phillips said, stressing the Don Plant has made significant reductions in sulfur dioxide emissions at its two sulfuric acid plants the past 20 years.
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