The J.R. Simplot Co. will spend close to $150 million on waste processing upgrades and pay a $1.5 million civil penalty to resolve alleged Resource Conservation and Recovery Act violations at its Don Plant fertilizer facility near Pocatello, Idaho, the US Justice Department and Environmental Protection Agency announced on July 11.
According to the two federal agencies, Simplot allegedly failed to properly identify and manage certain waste streams as hazardous wastes, and also violated the Clean Air Act in relation to fluoride emissions at the facility.
Under the settlement, Simplot has agreed to implement specific waste management measures it has valued at nearly $150 million, including efforts to recover and reuse the phosphate content within these wastes and avoid their disposal in a gypstack. Simplot also agreed to implement requirements to ensure gypstack stability, including a detailed plan for the future closure and long-term care of the gypstack.
Simplot also agreed to cease operation of the facility’s cooling towers no later than June 27, 2026, and replace them with one or more new cooling ponds, which the DOJ and EPA said will significantly reduce fluoride emissions to the air. Additionally, Simplot agreed to submit revised Toxic Release Inventory forms for 2004-2013 that include estimates of certain metal compounds manufactured, processed, or otherwise used at the facility.
In addition to paying the $1.5 million civil penalty, Simplot is providing $200,000 in funding for environmental mitigation work that will be administered by the Idaho Department of Environmental Quality in conjunction with the City of Pocatello and the Shoshone-Bannock Tribes. The mitigation work will address habitat degradation on the Portneuf River that has resulted in part from excess phosphorus releases, the DOJ and EPA said.
“The J.R. Simplot Company is pleased to have worked with the Environmental Protection Agency and the Department of Justice to reach this settlement,” said a statement provided to Idaho Reports from Simplot spokesperson Josh Jordan.
“This more than 500-page settlement, which took over 15 years to achieve, provides for additional recovery of phosphate in our production process and other environmental protection measures associated with the handling of our ore processing materials and wastes,” the statement said. “This settlement is part of our work to continue to provide important crop nutrients throughout North America to help feed a growing population.”