to PEGGY M. HATCH . SECRETARY ?tate at luaisiaua DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF ENVIRONMENTAL COMPLIANCE BOBBY JINDAL GOVERNOR November 14', 2014 CERTIFIED MAIL (7007 2680 0000 8190 2695) RETURN RECEIPT REQUESTED CHALMETTE REFINING, L.L.C. c/o Corporation Service Company Agent for Service of Process 320 Somerulos Street Baton Rouge, Louisiana 70802-6129 RE: CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY ENFORCEMENT TRACKING NO. 1-00838 AGENCY INTEREST O. 1376 Dear Sir: Pursuant to the Louisiana Environmental Quality Act (La. R.S. 30:2001, et seq.), the attached CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY is hereby served on CHALMETTE REFINING, L.L.C. (RESPONDENT) for the violations described therein. Compliance is eXpected within the maximum time period established by each part of the COMPLIANCE ORDER. The violations cited in the CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY could result in the issuance of a civil penalty or other. appropriate legal actions. Any questions concerning this action should be directed to Deonne Bodin at (225) 219-3760. Sincerely, elena Jf??gg? I Admin trator Enforcement Divismn Alt ID No. 2500?00005 Attachment Post Of?ce Box 4314 Baton Rouge, Louisiana 70821?4312 Phone 225-219-3715 0 Fax 225?219-3240 0: Jenny Briones Air Pennititing and Compliance Section Supervisor Chalimette Re?ning, L.L.C. Post Of?ce Box 1007 Chalmette, Louisiana 70044 STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF COMPLIANCE IN THE MATTER OF CHALMETTE L.L.C. ENFORCEMENT TRACKING NO. ST.-BERNARD PARISH ALT ID NO. 2500-00005 AGENCY INTEREST NO. PROCEEDINGS UNDER THE LOUISIANA ENVIRONMENTAL QUALITY ACT, 1376 La. R.S. 30:2001, ET SEQ. CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY The following CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY is issued to CHALMETTE REFINING, L.L.C. (RESPONDENT) by the Louisiana Department of Environmental Quality (the Department), under the authority granted by the Louisiana Environmental Quality Act (the Act), La. R.S. 30:2001, et seq., and particularly by La. 30220502 and 302050.303). FINDINGS OF FACT I I. The Respondent owns and/or operates the Chalmet?te Re?nery (the facility) located at or near 500 West St. Bernard Highway in Chalmette, St. Bernard Parish, Louisiana. The facility operates or has operated under multiple air permits, including the following Title permits: Wastewater Treatment Plant 2822-Vl December 15, 2008 July 22, 2013 3-V-l 7 2009 33-Vl AA. 17 November] 2933-V2 November 2010 3-V3 March 1 20110 June 1 1.1 VI 29, 7 2008 Utilities Plant VI 2008 her 1 2009 15 2010 No. 2 Crude/Coker Units 1m, M. . . .. are. ex it .. an: .r m-LmCat Feed Hydrotreater Unit, Pretreater 301 August 8, 2008 September MI 2009 No. 1 and Reformer No. 1, and Gasoline Hydrotreater 3011?Vl A.A. September 15, 2009 February 2, 2012 3018-Vl October 8 2008 November 18 2009 . 't N0 1 cm Um 3013-v2 November 19, 2009 September 13, 2011 3004-V0 January 30, 2007 May 11, 2009 Oil Movements Loading - May 12, 2009 October 4,2010 3004-V2 October 5, 2010 March 25, 2012 No. and 2 Flares 3016-V1 - September 25, 2008 February 27, 2012 July 30, 2008 January 8, 2009 Fluidized Catalytic Cracking Unit and 3022-V3 January 9, 2009 December 14, 2009 Alkylation Unit 3022-V4 December 15, 2009 January 11, 2010 3022-V4 A.A. January 12, 2010 June 4, 2012 Sul?u Recovery Unit, 3023-v1 September 25, 2003 February 4,2009 Hydrodesulfurization Unit, Amine Treating Unit, Sour Water Stripper, 3023412 February 5, 2009 I 19: 2010 Waste Gas System, Benzene Recovery Unit, and Lique?ed 3023-V3 April 20, 2010 August 9, 2010 PetrOleum Gas Recovery 3023-V4 August 10, 2010 July 31,201 I 3017-V1 August 18, 2008 September 14, 2009 Aromatics September 15, 2009 December 6, 2009 3017-V3 December 7, 2009 September 14, 2010 Hydrocracker Unit, Pretreater No. 3 and Reformer No. 3, and Light Ends 3015-V1 July 21, 2008 October 24, 201 1 Plant The facility also operates under Consent Decree 05?4662 entered into the United States District Court for the Eastern District of Louisiana on or about April 26, 2006. II. On or about August 19, 2010, September 7, 2010, and January 13, 2011, the Department conducted inspections of the facility to determine the Respondent?s degree of compliance with the Act and the Air Quality Regulations. Subsequent ?le reviews were conducted on or about December 21, 2011, and May 9, 2014, for the time period including January 1, 2009 through December 31, 2010. While the review is not complete, the Department noted the violations found in paragraphs of the Findings of Fact portion of this enforcement action. I he Respondent reported the following unauthorized releases which were caused by a failure to maintain control equipment in proper working order: Tank 1406 was over?lled during multiple tank movements. Unauthorized Discharge 3/12/2009 modi?ed the level alarm Noti?cation T113358 (8 minutes) Slop Oil 1,545 to include audible alarms and LAC (3/19/2009) improved the oil movements procedures in order to prevent a reoccurence. The Cat Feed Hydrotreater high . . level indicator failed due to 19:51:23? 5/14/2009 SO: 2,138 insuf?cient antifreeze. Cilia-LC LAC 33111905 (5/21/2009) (13 minutes) instituted a procedure to verify that the seal legs are ?lled antifreeze and calibrated. During a gasoline transfer to Benzene 28 Tank 6309, the level gauge . . failed. In order to prevent a [1132322332 7/12/2009 reoccurence, instituted a LAC 331111.905 (7/17/2009) (8 seconds) Gasoline 985 tank return to servrce checklist to ensure the approprlate testing and calibration of tank operating Xylene 229 equipmem The coker ?nes lane pump discharge check valve failed due to accumulated coke ?nes. Oil from the coker cutting water tank backflowed into the ?nes Unauthorized Discharge lane resultng in a ?re. To Noti?cation T1 16434 3,569 prevent a reoccurcnce, LAC 33'm'905 (7/17/2009) installed a secondary check valve and instituted a procedure to require the coker operator to close the block valve on the pump discharge line when the ?nes lane pumps are not in use. Urqaulthoriaed Discharge 7/13/2009 During unloading of a cmde otl?catton T116460 minutes) Sweet crude 011 296 ship, the nipple on the crude llne LAC 33:111.905 (7/20/2009) failed due to internal corrosion. Ulgauthorized Discharge 7/14/2009_ The gradual loosening of plugs otl?catlon T116493 7/15/2009 HF 3,257 caused a leak In the HF Alky LAC (7/21/2009) heat exchanger. SRUZ was shutdown, increasing the acid gas load to A subsequent loss of hydrogen . supplied by Air Products caused Unauthorized Discharge 8/6/2009 the shutdown of the LAC 33.111 905 Noti?cation Tl 17083 (5 hours and S02 1,136 hydrotreaters, resulting in the (8/13/2009) 20 minutes) shutdown of A contributing factor to this event was lack of coordination between and Air Products. tags-g by a 3 party contractor, a supply line Sweet crude oil 1,499 coupling failed on the tank's . . . roof. The oil spill resulted from Ugauihm?w D?sc"a?ge 8/25/2009 insuf?cient by the oti?catton Tl 17481 . . . . (9,1,2009) (10 minutes) contractor during the Installation of the tank cleaning system. Benzene 15 New procedures were implemented to prevent a reoccurence. A 3rd party contractor was assisting with the empyting of Tank 1203. Suction was LAC 332111.905 Unauthorized Discharge . . 1 Noti?cation Tl 13324 Benzene 23.88 'mpeded ?he? 3.9mm bag LAC 33:111.905 (10 minutes) became lodged in the hose, (10/8/2009) . . . resulting 1n over?ll ofthe dratn pan. This incident occurred due to operator error. Insuf?cient glycerin caused a level indicator malfunction in . . the Light Ends Plant (LEP) Unauthorized Discharge Noti?cation Tl [8804 10"7/2009 so, 1,172 Warhead dmm' LAC 33:111.905 (lo/2319009) (2 hours) implemented a validation of the LEP drum level indicator using the drum?s sight glass. Unauthorized Discharge . . K. Noti?cation T120073 12/14/2009 Benzene 57 WP?i?m?zrfe?ggjs ?11:1 LAC 33:111.905 minim 0 . The FCC scrubber circulating water pumps . . developed catalyst pluggage 1/8/2010 SO 1 956 which decreased the water ?ow (ms/2010) (6.5 hours) 2 rate. increased the grid wash and decreased the FCC charge rate in order to prevent a reoccurence. . A compressor tripped during the Unauthorized Discharge 4/27/2010 Emergency Block Valve Noti?cation T123040 1,359 Preventative Maintenance LAC (5/4/2010) Program. Root cause not submitted. Compressor K402 was shutdown for maintenance, increasing the load on K406. A subsequent loss of hydrogen supplied by Air Products caused K406 to trip. A contributing factor to this event was lack of coordination between and Air Products. In order to prevent a reoccurence, modi?ed its contract with Air Products to have access to its entire production facility to ensure a supply of hydrogen. Water caused an electrical short Unauthorized Discharge 6/1/2010 302 11,726 "33 in the solenoid valve of the FCC. 0 Noti?cation T123894 (3 hours) replaced and sealed the LAC 33:llI.905 (6/8/2010) VOC L600 solen01d valve. to prevent water from entering the valve. LAC (25 minutes) Unauthorized Discharge Noti?cation T123156 4821/3350 (5/7/2010) 502 705 LAC A loss of power due-to dirty wuss: 555 my. an insulation and high humidity Unauthorized Disoharge 8/10/2010 . Noti?cation T125557 (8 hours and so2 2,171 'F'gh V01?age ?1mm LAC 332111.905 (8/17/20! 0) 5 minutes) across an 1nsulator, causrng the fault to ground. Root cause not submitted. Operators failed to follow . . written protocols resulting in an 8 8/19/2010 voc 2 996 ?nci'ib?atcd LAC 33-111 905 (8/26/2010) (1.2 hours) This allowed vapor to enter Tank 6344 during the transfer of liquid material to the tank. The presence of unsealed air gas between the bus bar and glastic support at the power station H23 333 caused a single phase short to ground. During the power interruption, a leak developed Unauthorized Discharge 9/7/2010 due to thermal cycles on the ?n Noti?cation T126l70 (2 hours fans. This caused a tube failure LAC 14/20l0) 43 minutes) on the inlet side of an exchanger at the Hydrodesulfurization Unit, releasing gas to the atmosphere. VOC 2.714 installed sealant between the bus bars and supports in order to prevent a reoccurence. The saturated gas line to the U?authoriaed Discharge 10/4/2010 H28 732 amine contactor deveIOped a otl?catlon T126868 (84 hours) sour gas leak from a clamp over LAC 332111.905 (10/11/2010) 4,263 an existing leak. Root cause not ammable gas submitted. Following the mitigation of . . T126868, a leak developed due D'SCha?g" 10/7/2010 to a artiall 0 en valve in the (10 hours) sol 584 #3pdehapiiani326r. . LAC 335111905 tightened the valve to achieve full closure and stop the leak. Re?nery operations were . . adjusted to isolate a line to iDiizctiiSisge 10/812010 so2 78,395 mitigate LAC (10/15/2010) (81 hours) Avallable flare gas recovery capacity was used, resulting in the ?aring event. Each unauthorized release of emissions is a Violation of LAC La. R.S. and La. R.S. IV. The Respondent reported the following violations from permitted operating parameters: .423. .vrm-eamai ?1 a @prummgg - a? e7 - .. . 1 55a" . 55"? - L?r'u .. .3 "4w ?Rummage: Qi?etim?n?flm ?rsi 2009 Quarter Permit Deviations ill/1.2335 mew:- . 3 . exempt - mat-l: mire-en a: "5 it Prepare and implement an rung/.110 14.9. gaps: Report operation, ((5/24/2009) maintenance, and monitoring plan Isl for each Semiannual EQT 0193 control system. Operatedfunder revised - - SRU Train 1/2 2009 Submit any OMMP or SRU Train peci 1c Requirements Thermal Calendar changes to Thermal Oxidizer 26 28, Oxidizer Year permitting prior to receiving 40 CFR 2009 3rd Quarter authority for approval. Permit Deviations landd Report approva an (12/15/2009) comply the 2009 plan until-the Semiannual Change ?5 Monitoring Report approved. (3/24/2010) 2009 1?l Quarter EQT 0193 Route the Sulfur Eductor for . . Permit Deviations SRU Train 1/2 2/26/2009 Pit emissions to shutdown due to low Spw?c gzqu'mmcm Report Themial 1 hour) the SRU Thermal ?ow causing sulfur pit 40 CFR 60 ?104(a)(2) (6/24/2009) Oxidizer Oxidizer vent valve to open. SRU2 second stage 2009 Quarter EQT 0193 Route the Sulfur tripped due to low . . Permit Deviations SRU Train 1/2 3/2/2009 Pit emissions to ?ow; a steam tracing Spec'?c Ezqmremem Report Thermal (1 hour) the SRU Thermal problem caused the 40 CFR 60 ?104(a)(2) (6/24/2009) Oxidizer Oxidizer sulfur pit vent valve to open. After extended downtime due to a . plant cooling water failure, [(2201 was facpmties have restarted. Compressor 2009 - . discharge pressure was . . Semiannual EQT 0255 6/ 12/2009 been running higher than Spec'?c Requirement Monitorin Re on 30'6"? 2 Fla (N rt they Shall be used norm and the 1 18? 0. re 0 repo al (9/15/2009) and diligently Operator was LAC 33.111.905.A attempting to make prepcr Elm mg corrections when the 0? 6? PSV lifted and did not reseat. No.2 Flare observed smoking. Steam excursion caused SRU2 to shutdown from low 3332;323:2231; Sift? Trail/19 3i/z 8/6/2009 mil? The Specmc Requi'eme?? Report 3023*? Thermal (1 hour) the SRU Thermal load was "mfcm?j t? 24? (12/15/2009) O?ddizcr oxidizer to mitigate 40 CFR emissions, which caused the sulfur pit vent valve to open. 2009 3" Quarter EQT 0067 . Permit Deviations 3018M No.1 Crude 9/24/2009 176 Speci?c Requirement Report Atmospheric (1 hour) (1 hour) 132 (12/15/2009) Heater Opacity 20%, except emissions may have an . Semiannual EQT 0255 10/5/2009 in excess of 20% the over ressurc of the Speci?c Requirement Monitoring Report No.2 Flare (7 minutes) for not more than 39 (3/24/2010) one 6 minute ?are. period in any 60 consecutive minutes. Scrubber liquid to gas ratio 2 0.0175 Catalyst pluggage in 2010 Annual wig; 34 the FCC scrubber Compliance Regenerator 1/8/2010 (3 hour average) Circulating water Specr?c Requrrement Certi?cation Scrubber Delta pumps caused the loss 25 Flue Gas (3/24/201 1) Scrubber Vent Pressure of water recuculation [.24 psig in the 80x scrubber (3 hour average) 2010 Annual . . . . . Compliance EPN 28 Pilot Shall be ?t at Pilot light failed. The SpeCi?c Requ1rement 1 . . 3/1/2010 . pilot was relit 13, Certi?cation No.1 Flare all times followin the (mm 40 CFR 60 18mm) (3/24/2011) Each violation from permitted operating parameters is a violation of any applicable permit and associated requirement(s) listed above, LAC La. R.S. and V. The Respondent reported the following violations from monitoring and/or recordkeeping requirements: Each pump shall be checked . by visual inSpection each One group of weekly Speci?c Requirement 89, 3. 7/19/2009 calendar week for visual inspections for 40 CFR Walls/28009? indications of liquids Coker No.2 was not Speci?c Requirement 93, dripping from the pump completed. 40 CFR seal. 2009 3rd Quarter Perm? Dev'atlons EQT 0197 Demonstrate continuous Documentation of catalyst . . Report No 4 Waste compliance with each drop was not recorded due Spcc'?c Reqwremems (12/15/2009) and 3023-V2 Not reported . . . . . . 62,73,74 and 75, "d . Gas emisswn limitation and to a failure of the pressure 2009 2 Semiannual . . . . . 40 CFR 63.6640(a) . . Compressor operating limitation. drop instrument. Monitoring Report (3/24/2010) 2009 2"d Semiannual Maintain mcords of a" Daily validation did not Speci?c Requirement Monitoring Report 3004-V1 Movements 12/8/2009 CEMS calibration checks occur due to analyzer 1772, (3/24/2010) . malfunction. 40 CFR 63 Subpart A and Loading If a leak is detected, the Failed to perform 2"?1 2009 Semiannual 2009 4 1h valve shall be monitored successive Monitoring Report Re?nery Wide 1 16 Valves Quarter until a leak is not monitoring for 116 valves. 40 CFR 63.640(p) (3/24/2010) detected for 2 successive Monitoring completed in months. the subsequent month. 2500-00005 2822-V1 Discovered The Risk Management Plan 3017-V3 . (RMP) shall contain a . 2310 1 registration form which The RMP summed LAC 33:1115901 which semlamgual includes the errnit number 06pm}. 3? 2008' states the inco orates reference Certi?cation . Reporting . . . facility is not covered by rp 3015-Vl . lfthe station source has a . . 40 CFR (3/24/201 1) Period-of .a'y CAA Title 3023-V2 2010 Clean Air Act (CAA) 301 l-Vl Title operating permit. 3016-V1 The NSPS CEMS report Discovery in dated Janualry 27'; 2010, 2010 Annual the 1" All affected facilities shall may a? Compliance 2500 00005 V2 BEFIH ?102?0 Semiannual comply with all applicable 313cc?!? for dgwnumlc Speci?c Requirement 96, Certi?cation 0' er 0' Reporting provisions in 40 CFR 60 Else on out 0. comm 40 CFR 60.7(d) (3/24/201 1) Period of Subpart A Pem?is' Downm? have 20] 0 been reassessed and will be corrected in the July 2010 report. Secure the bypass line valve in the non-diverting position with a car-seal or a lock- A bypass line on the para- and?key type con?guration. ortho-process vent line to LAC 33.1? 5122 which 2010 Annual A visual inspection of the the carbon absorption inco crates' reference . UNF 0010 Discovery in seal or closure mechanism system was not secured in rp 0 3017-v3 ARO A [ll of shall be erformed lie I the non-divertin osition 40 CFR 63'] WW2) and Certi?cation . a as . 40 CFR 63.644(c) Aromatics 2010 once every month to ensure With a car-seal or lock-and- (3/24/201 the valve is maintained key type con?guration. La 3020570600) in the non?diverting position The car-seal was replaced and the gas stream is not in April 2010. diverted through the bypass line. The owner or operator of an affected facility shall update the documentation ?le required under Vapor tightness and for each tank truck, documentation for one 2010 Annual EQT 0082 railcar, or marine vessel at barge did not contain the - Compliance 3 00 4N1 Bar c/Shi Corrected on least once per year to re?ect name, signature and Speci?c Requirement 50, Certi?cation midi" 4/27/2010 current test results as af?liation of the 40 CFR (31/24/201 1) 3 determined by the witnessing inspector. appropriate method. The Documentation updated on owner or operator shall April 27, 2010. include the name, signature, and af?liation of the witnessing inspector. Equipment/operational data 2010 A recordkceping by electronic Administrative authority nnual . . h. . Compliance 0149 or hard c0py upon was not noti?ed Wit. in peci lc equrrement 1 Certi?cation 3004-V2 Tank 301 8/24/2010 occurrence of event. Notify seven days of repair. 843, (3 [24/20] I) the administrative authority Noti?cation was submitted LAC within seven days of 9/9/2010. noncompliance. FE-CRCK2 . . 31241201 1 (Quarterly, No. 2 voc leak and open-ended ?If Refu'remem Semiannual, and 2933-V3 Crude/Cotter 1 1/12/2010 reporting form due by the 5?h en 6 {epo mg CHE was 88 an 95' Annual) Fugitives day from evidence of leak turned [H.a?er the 5 day 40 CFR FUG 0003 from ev1dence ofleak. 40 CFR 63.169(a) . 4 ., - ?1 (33? . VI .aq {?54 . Ma, In . -. EPPREIEPJD2500-0005-V3 . Failed to complete 2010 Annual 3017-V4 . cqu'pmcm inSpections. According to Com ?ance 30224? Inspections andasmall the 20? Annual Certi?cation 3023_v4 UNF 001 12/31/2010 number of process hazard Compliance Certi?cation which incorporates by lysis action items were . . reference 40 CFR 68 (3/24/2011) 3011-Vl ana . two Items remain 3016-Vl due 2010 outstanding. Each failure to monitor as required is a violation of any applicable permit and associated requirement(s) listed above, LAC La. R.S. and La. R.S. VI. The Respondent reported the following emission limit exceedances: NI, . wrist-natur-riemii 2009 l? Semiannual . . Hydrogen sul?de Depropamzer overhead . . EQT 0255 1:173:30: $0.1 gr/dscf or less 163-] 157 pressure control valve Spcc'?c Requ'mmem No. 2 Flare than 162 (6 hours) 50PC064 was operating Report 1/8/2009 (three hour improperly 40 CFR (7/29/2009) average) 2009 1?l Quarter EQT 0244 3015-V1 magi? 1/12/2009 (2 Sg?limr) 3(?f3h?22? Heater over ?ring LAC (6/24/2009) Heater (127 1b/hr) CO 2009 1st Quarter (6.901b/hr) The LPG compressor P?m?l?zenpegr'tamns 3016-Vl 1/24/2009 (Mia?s/hr) Not reported LAC (6/24/2009) FM10 System (0.38 lb/hr) VOC (0.04 lb/hr) 2009 1"Quartcr EQT 0193 Permit Deviations SRU Train 90.47 lb/hr . . Repon 3023-Vl Thermal 1/26/2009 3102 um") (1 hour) Unit startup LAC 33.111.501.C.4 (6/24/2009) Oxidizer 2009 1?l Quarter EQT 0193 Permit Deviations SRU Train 1/2 71.87 lb/hr Exceeded limit during . Report 3023-V1 Thermal 2,4,2009 (35.02 lb/hr) (1 hour) sul?ding operation LAC 33'm'501'c'4 (6/24/2009) Oxidizer . Fuel Gas: - Hydrogen sul?de Ref Frac tower vented to LAC Emissions Monitoring 3m 64,} EQT 0255 2,9,2009 50.1gr/dscf or less 165-271 WGS but an Improperly Specr?c Requirement Re on No. 2 Flare than 162 (9 hours) seated valve routed In 21, (three hour rolling gases to the ?are 40 CFR average) 2009 1?l Quarter EQT 0193 109.28 lb/hr . . Permit Deviations SRU Train 1/2 31239 (35.02 lb/hr) (4 hours) Switching SRUI 02 mode Spem?c chmrement Report Thermal Not reported of operation . (6/24/2009) Oxidizer 2?27?2009 (250 ppmv) (5 hours) 40 CFR 41-31 n, I fir-vimm??ii?l- ion: 1. fr?; . ?41.83? ?n a . . .. 311?) .3 r. ?31:33 .- - 2009 l?I Quarter The pretreater relieved to . . . 2 3016?Vl 3/4/2009 (0 Not reported the Flare Gas Recovery LAC 33:111.501.c.4 System (6/24/2009) (0.04 lb/hr) 2009 1?Semiannual Hydliolgile??i?de Continuous Speci?c Requirement Emissions Monitoring 3016?Vl EQT 0255 3/23/2009 so'lgr/dSCfor 1855 173?485 Unknown Cause 2] No. 2 Flare than 162 (8 hours) Report (three hour rollin 40 CPR (7/29/2009) average) 2009 1?1 Quarter . . . EQT 0208 Pem'i?uDeg?r'fmns 3017-Vl No.2 Hot on 3/27/2009 (I 4 High fuel gas flow LAC ?cam SI oneigigitlogrilaii?:iis 31:38:20? 31/2 7:3; Specmc 3023-V2 3/30/2009 Startup of 23, Rep? Thermal 302 ??P?med 40 CFR 60 104(a)(2)(i) (6/24/2009) Oxidizer (250 ppmv) (4 hours) 2009 PI Semiannual Continuous a Speci?c Requirement Emissions Monitoring 3016-VI EQT 0255 3/30/2009 501??wa '355 222425 ppm? Unknown Cause No.2 Flare than 162 (3 hours) Report (three hour rollin 40 CFR (7/29/2009) 3 average) 2009 1? Quarter . . . EQT 0208 Permit Dewations . CO 15.93 lb/hr . Report 3017-Vl 3/30/2009 (1426 um") (1 hour) High fuel gas ?ow LAC .C.4 (6/24/2009) 2009 l? Semiannual Continuous Fuel Gas: Emissions Monitoring Hydrogen sul?de LAC Report 301 EQT 0255 4/8/2009 SOJgr/dscf or less 184?186 Pump seal misalignment Speci?c Requirement (7/29/2009) and No. 2 Flare than 162 (2 hours) caused a release to ?are 2009 Semiannual (three hour rolling 40 CFR Monitoring Report average) (9/lS/2009) 2009 15' Semiannual Continuous Fuel Gas: Emissions Monitoring Hydrogen sul?de LAC Report 30] 6N1 EQT 0255 4? 6,2009 50.1gr/dscf or less 293-296 to Specific Requirement (7/29/2009) and No. 2 Flare than 162 (3 hours) stamp of [5400 2009 Semiannual Monitoring Report (9/15/2009) (three hour rolling average) 40 CFR 60. lO4(a)(l) 10 r3; - @Aw?g? 4f WHOM i 2009 Semiannual Monitoring Report (9/15/2009) 30l6-Vl EQT 0254 No. Flare . 3/14/2009 IxTox (1.27 lb/hr) CO (5.90 lb/hr) (0.02 lb/hr) PMIO (0.38 lb/hr) VOC (0.04 lb/hr) n-Hexane (0.07 lb/hr) H28 (0.28 lb/hr) Benzene (0.02 lb/hr) Ethyl Benzene (0.002 lb/hr) Toluene (0.01 lb/hr) Xylene (0.0l lb/hr) Naphthalene (0.07 lb/hr) Not reported (1 hour) Fuel Gas: Hydrogen sul?de SO. 1 gr/dscf or less than I62 (three hour rolling average) Not Reported (3 hours) Nonworking level indicator resulted in the total loss of liquid in the hot separator. High pressure vapor from the hot separator was fed to the fractionator. This resulted in increased gas rates to the Fractionator overhead; excess gas exceeded the capacity of the waste gas and ?are gas recovery systems. Speci?c Requirement 3 2009 Semiannual Continuous Emissions Monitoring Report (7/29/2009) and 2009 l" Semiannual Monitoring Report (9/15/2009) 3016?Vl EQT 0255 No. 2 Flare 5/19/2009 Fuel Gas: Hydrogen sul?de lgr/dscf or less than 162 (three-hour rolling average) [94-20] (3 hours) Failure to follow procedures resulted in venting gas to the No.2 Flare during startup. LAC Speci?c Requirement 40 CFR 2009 Semiannual Monitoring Report 5/2009) 3017-Vl EQT 0208 No. 2 Hot Oil Heater 6/ /2009 C0 (I426 lb/hr) 33.9 lb/hr 1 hour) In an effort to reduce excess oxygen to the heater, the dampers were "closed and oxygen levels dr0pped resulting in the exceedance. Speci?c Requirement 42, LAC 2009 Semiannual Monitoring Report (9/15/2009) 3016-V1 EQT 0254 No. Flare 6/7/2009 Fuel Gas: Hydrogen sul?de SOJ gr/dscf (three hour rolling average) Not Reported (4 hours) 80; (0.02 Ib/hr) VOC (0.04 lb/hr) Not reported (2 hours) N0. (1.27 lb/hr) co (5.90 lb/hr) PMru (0.38 lb/hr) H13 (0.28 lb/hr) Not reported 1 hour) relieved to the Flare Gas Recovery System Speci?c Requirement 3 11 - I Psi/sore . ., LeeEQT 0193 Foaming at the MDEA 2009 I?Sem1annual . . . . a SRU Tram 1/2 58.121b/hr contactor caused Mog?gg3ggf?n 3023 V2 Thermal 6/25/2009 (3 (1 hour) levels in the contactor LAC 33'm'501'c'4 Oxidizer outlet 2009 3'd Quarter Permit Deviations . (12 and Reduced ?ow rates resulted eci?c Re uiremem 2009 2nd Semiannual 3016M EQT 0255 7/2/2009 50.1gr/dscfor less 191-206 in the failure ofthe (12415 21? . No.2 Flare than 162 hours) seal which relieved to the ontlnuous H. 2 Flare 40 CFR Emissions Monitoring fee our r3) mg 0' average Report (1/27/2010) 2009 3rd Quarter Permit Deviations Fuel Gas_ Report Hydrogen sui?de I Speci?c Requirement (12/15/2009) and Flaring resulted from 2009 2?d Semiannual 3016-V1 7/1 1/2009 "Eg?fu?gmv depressurizing the east 40 CFR Continuous pp . caustic treater too quickly LAC 33:111.905 . . . . (three hour rollmg Momtonng average) Report 5 (1/27/2010) 2009 3'd Quarter EQT 0193 Permit Deviations SRU Train 1/2 77.4 lb/hr . I Report Thermal 7/1 1/2009 (35-02 mm? (4 hours) Foaming event LAC 33.111.501.04 (12/15/2009) Oxidizer 2009 3rd Quarter EQT 0193 Permit Deviations SRU Train 1/2 36.6 lb/hr Misaligned cooling water Report Thermal 7/14/2009 (35.02 1b/hr) (1 hour) valves LAC 33"?905 (12/ 15/2009) Oxidizer 2009 3'd Quarter Permit Deviations Fuel Gas. (wig/[393? and Hydrogen sui?de eci?c "d . EQT 0255 50.1gr/dscf or less 164 Residual gas in ?are header 2009 2 Sem'annua? 301m? No 2 Flare 733/2009 than 162 (1 hour) from um seal leak Continuous Pp?. 1? 40 CFR Emissions Monitoring 0 rec our r? mg average Report (1/27/2010) 2009 3rd Quarter EQT 0193 30; 326.4 lb/hr 2 Permit Deviations 3023M SRU Train 02 135.02 lb/hr) (3 hours) Not reported qum?emcm 7/25/2009 301 ?"P?mc?i 40 CFR 60 104(a)(2)(1) (12/ 15/2009) Ox1dlzer (250 ppmv) (11 hours) rd EQT 0184 FCCU 7/27/2009 CO Not re oned Excess co emissions at the Speci?c Requirement AA 6 [Re on 3022-V3 Regenerator through (500 mv) (15 hgurs) FCCU occurred during 14, (1211552009) Flue Gas 7/23/2009 PP startup 40 CFR 60.103(a) Scrubber Vent 2009 3'Cl Quarter Permit Deviations Fuel Gas_ Report Hydrogen sui?dc Wet gas scrubber diverted to (12/15/2009) and the ?are due to compressor Speci?c Requirement BB 2009 Semiannual 3016-V1 SQ: 2355 7/29/2009 50"] $1,312me less 23638:? issues. Residual gas in the 21, Continuous 0' are ?an pp ours) ?are header was pushed to 40 CFR Emissions Monitoring the ?are. Report (1/27/2010) 2009 3rd Quarter EQT 0193 1000 lb/hr Permit Deviations SRU Train 1/2 (35.02 lb/hr) (4 hours) CC Report 3023*? Thermal 8?5?2009 302 Not mpomd Shutdown LAC 33.111.501.C.4 (12/15/2009) Oxidizcr (250 ppmv) (4 hours) 12 ~3M15m??i?m??eleexsen- -. renew .. re 321929.13% . reed/3.93% . - 1. Not reported Ste . DD Permit Deviations SRU Train 1/2 8 [6 1,2009 (35.02 lb/hr) (9 hours) Speci?c Requirement Report Tilt-311.1131 302 reported low boiler water level 23 (12/ 15/2009) Ox1dizer (250 ppmv) (5 hours) 2009 3rd Quarter Permit Deviations Fuel Gas_ (12/ 122F039) and EQT 0255 169664 my Speci?c Requirement EE 2009 2"cl Semiannual 3016-V1 No 2 Flare 3/6/2009 - {hagn 162 m. mfg) Source not con?rmed 21, Continuous (three hour rolling Monitorin avera 8) Report E) (1/27/2010) 2009 3rd Quarter EQT 0186 . I Permit Deviations FCC Alky CO 19.8 1b/hr rr Report 302248 lsompper 3/6/2009 (1 L04 Mr) (1 hour) Loss orsteam LAC 33.111.501.C.4 12/15/2009) Reboiler 2009 3'?1 Quarter EQT 0193 . . . . . . Sudden Spike in gas ?ow GG Perm? Dev?amns 3023-v2 SRU Tra'? ?2 3/3/2009 502 74-8 caused the air demand LAC 33:01.50 1 .C.4 Report Thermal (35.02 lb/hr) (1 hour) anal er to be offratio (12/15/2009) Oxidizer 3?2 ,d EQT 0134 PiglngitBDegyaigis FCCU 8/27/2009 CO Not re Med Speci?c Requirement 1-11-1 Re on 3022-V3 Regenerator -through (500 mv) (23 hams) Startup 1" Flue Gas 3/23/2009 40 CFR 60.103(a) 02? 5/2009) Scrubber Vent 2009 3rd Quarter Permit Deviations Fuel Gas. and EQT 0255 4474063 mv Speci?c Requirement 11 2009 2"d Semiannual 3016-V1 No 2 Flare 9/4/2009 {hi (4 mug; Source not con?rmed Continuous (three hour rolling Monitoring avera 6) Report 2 1/27/2010) 2009 3rd Quarter EQT 0193 . . . . . regeneration J.l Perm" Dev'at'm?s 3023?v2 Tm? ?2 9/6/2009 301 38-4 condensate pot level LAC 33:111.501.c.4 Report Thermal (35.02 lb/hr) (1 hour) controller failed (12/ 1 5/2009) Oxidizer EQT 0134 2009 3? Quarter . . . . . FCCU Spect?c Requ1rement KK Perm'EEeggtauons 3 022-V3 Regenerator 9/ I 812009 (5 oocomv) T?gr?gzigd Startup Flue Gas 40 CFR 60.103(a) 02/15/2009) Scrubber Vent EQT 0134 FCCU 2009 3" Quarter 71.9 lb/hr Permit Deviations 3022 V3 Regenerator (68.14 Ib/hr) (1 hour) The FCC shutdown on LL Flue Gas 9/18/2009 - - LAC 33.111.501.04 Repon causrng to trip. (HHS/meg) Scrubber Vent EQT 0183 CO 14.96 lb/hr FCC Heater 5.77 lb/hr) (1 hour) rd EQT 0247 MM Pim?DegiyaTigs 3015 VI 9,18/2009 CO 33.1 lb/hr Loss of feed forced the LAC 33m 501 4 1 Report age (3.79 (2 hours) heater to ?re harder Preheater (12/15/2009) (East) 13 .. . 33:21.1." chm-nu . . ?an. 11- 1v 527i J;Quasi-5 .rvt?i? 3.31:? ?3 . Qa?mgwereameem ddratjon)% jgm2009 3" Quarter Permrt Devrations Fuel Gas: 12/ 15R/e2l0%r9) and 9/20/2009 Hydrogen sumdc Speci?c Requirement NN 2009 Semiannual 3016-Vl (3:5 through sot}: less 1862-55218 Source was not con?rmed 21, Continuous ?3 9/21/2009 (Maw 40 CFR Emissions Monitorin 3 Report 1 average) 1/27/2010) 2009 3" Quarter Pemiit Deviations Report Fuel Gas' During the startup of the Speci?c Requirement Hydrogen sul?de (12/15/2009) and EQT 0255 <0 I r/dscfor less 1714737 mv No.1 Coker, undetected 21, 00 2009 2"d Semiannual 3016-Vl 2 Fl 9124/2009 - {hg 162 5 pp condensation in a line 40 CFR Continuous 0' are (threinhour grilling ours) caused a compressor to LAC 33:111.905 Emissions Monitoring average) trip. a Report (1/27/2010) The on the Scrubber was increasing 2009 3?1 Quarter when the analyzer went Permit Deviations 75.7 lb/hr into calibration mode. . PP Report 3022-V3 . 9/25/2009 (GM 4 Hm") (1 hour) When the analyzer was LAC 33.111.501.C.4 (12/15/2009) Scrubber vent returned to operation, was above the alarmset point and the permit limit. 2009 2?d EQT 0193 10/7/2009 Semiannual SRU Train 1/2 49.0 lb/hr SRU2 tripped on low QQ Monitoring Report Thermal 13;;35339 (35.02 Ib/hr) (3 hours) combustion air signal LAC (3/24/2010) Oxidizer 2009 2?d EQT 0193 Semiannual SRU Train 40.4 lb/hr Combustion air control I RR Monitoring Report 3023'?? Thermal lolgjzoog (35.02 Ib/hr) (1 hour) valve malfunction LAC 33 (3/24/2010) Oxidizer A failure of the lubrication 80? Not reported line to the chain tensioner nd S?gg?ual EQT 0254 (0'02 Hm") (1 hour) caused K406 to trip. The SS Monitoring Report 30164? No 1 Flare 10/9/2009 waste gas system was LAC (31,24,201 0) VOC Not reported rerouted to the No.1 Flare (004 um?) (I hour) which eitceeded the compressron capacrty. The LEP level indicator sol Not reported failed resultin th nd In EQT 0255 (092 (2 hm?) over?ll ofliquid from the Monitoring Report 3016-Vl No. 2 Flare 10/17/2009 drum to the off gas header. LAC (3/24/2010) H28 Not reported i The bad? pressure ncreased and released gas (0.28 Win) (3 hours) to the ?are. 2009 2??1 Semiannual Continuous Fuel Gas: Emissions Monitorin dro en sul?de . . Report EQT 0255 10/18/2009 5 algijscfor less l72_649 Spect?c Requrrement UU 3016-Vl through Source not con?rmed 21, (1/27/2010) and No. 2 Flare 10/19/2009 than 162 (29 hours) 40 CFR 60 [04 I 2009 2"?1 Semiannual (three hour rolling (ax Monitoring Report average) (3/24/10) 14 sirens .J -. new-0 target/go? a "i ?uid?? gr; I "(gem- we ., Mumps Continuous Fuel Gas: . . . . Emissions Monitoring Hydrogen sul?de Specmc ?iqu?remcm VV 3016-V1 EQT 0255 12/14/2009 50' [gr?dscm less 2354-898 pl?m" to the No.2 Flare due Flare than 162 (8 hour period) I m, . . delayed reSponse to the LAC 33.01905 2009 2 Semiannual (three hour rolling hi ressure alarm Monitoring Report average) (3/24/2010) 2009 2nd While troubleshooting semiannual EQT 0245 CO 4 8 moisture issues on the . . 3015-V1 No.3 Pretreater 12/18/2009 heater, the increased re?ux LAC 33:111.905 Monitoring Report . (3.38 lb/hr) (1 hour) . . Reborler conditions caused an (3/24/2010) . . increased ?nng rate. 2010 Annual 84 SO Catalyst pluggage Compliance 3 Regenerator 1 [8,20 0 (68.14 Not reported Circulating water pumps Spec1?c Requirements Certi?cauon Flue Gas (5 hours) caused a loss of water 25 and 31 (3/24/201 1) Scrubber vent recirculation. Fuel Gas: 2010 Annual Hydrogen sul?de Speci?c Requirement YY Comma?? EQT 0255 1/ 10/2010 so'lgr/dSCfor less 2094 Unknown source of ?aring 21, Certi?cation No. 2 Flare than 162 (9 hours) 40 CFR 60 10?? )m (3/24/201 1) (three hour rolling 3 average) 22 C?mpnance 3016 v1 EQT 0255 1/10/2010 (153'18 I'D/hr) - - nLnown source of flaring LAC 33.111.501.C.4 Certi?cation No. 2 Flare (304,201 I) HIS Not reported (0.41 1b/hr) (1 hour) Fuel Gas: 2010 Annual Hydrogen sul?de Speci?c Requirement AA sore-v1 EQT 0255 1/13/2010 50? 'gr?dscm ??55 244 ppm? Unknown source of ?aring 21, A Certi?cation No. 2 Flare than 162 (3 hours) 40 CFR 60 104 I (3/24/201 1) (three hour rolling (ax average) Fuel Gas: 2010 Annual Hydrogen sul?de Speci?c Requirement BB 3016-V1 EQT 0255 1/26/2010 ??35 '68 Ppm" Unknown source or ?aring Certi?cation No.2 Flare than 162 (1 hour) 40 CPR 60?104 (3/24/201 1) (three hour rolling (ax average) Vacuum Gauge Transmitter 2010 Annual 55PC852 started swinging, CC Compliance EQT 0191 CO Not Reported causing louvers to open Certi?cation 3023"? HDS Heater 2"2/2010 (6.84 (1 hour) and close on heater F3300. LAC (3/24/201 1) The closed louvers caused the 0; to drop to Zero. 2010 Annual Egan? DD Compliance Reacncramr 3/20/2010? CO Not reported Shutdown due to high Speci?c Requirement Certi?cation FTuc Gas 3/21/2010 (500 ppm) (12 hours) vibrations. 14 I) Scrubber Vent 2010 Annual EQT 0193 3/23/2010 30; NOE The SRU tripped due to low EE Compliance SRU Train (35.02 1b/11r) (2 hours) combustion air pressure as I Certi?cation 3023 V2 Themial 32353210 Not Reported a result of 80PC004 LAC (3/24/201 1) Oxidizer (250 ppm) (6 hours) - malfunction. 15 1113.8: amen uu?i?l?ft?i 1' . he 2:R?po merge"; r. ?mer em, Aria-.4. - E?iithori'z? ~tihtuerorr~aTEDr?r a radiate" Mae-narrow .5 - . 555? . HIS 2010 Armual (l 62 3 hour Not reported I Compliance . mm" avera (4 hours) I . . 83) Specr?c Requrrement 2 Certi?cation - FF (3,24,20] I) and EQT 0254 Contractor 40 CFR 3016-Vl 4/3/2010 302 Not reported to Tank 9001 With the ?are paragraph 55 of the NO- I ?are (0 02 lb/hr) (2 hours) Consent Decree - valve open. Consent Decree, Report LAC 33.111.905 (8/29/2011) VOC Not reported (0.04 lb/hr) (1 hour) Fuel Gas_ Shortly alter a closed liquid 2010 Annual Hydrogen sul?de dtra?nt w: lgadzcgemly Speci?c Requirement 06 Compliance 3016M EQT 0255 4,8,2010 50.1gr/d5cfor less 162 ?alafm fer-high a" Certi?cation No. 2 Flare than 162 (3 hours) 2 40 CFR 1) (3/24/2011) (three hour rolling "med the ?l?sed LAC 33111905 avera 6) liquid dratn line was isolated. Not reported ((0.02 ib.hr) (1 hour) Not reported (1.27 lb/hr) (1 hour) CO Not reported (6901er) (1 hour) PM Not reported (0.381b/hr) (1 hour) VOC Not reported (0.04 lb/hr) (1 hour) whexane Not reported While testing the emergency 20lOAnnual . (0.07 lb/hr) (1 hour) $532223: 3016?Vl 4/27/2010 (OBSEEIEF) N?Ztl [?g?ged not Operate properly. This Specl?cziigugcmems 7 caused the compressor to 6/24/20! I) Ethyl benzene reported trip, routing material to the Toluene Not reported (0.01 lb/hr) (1 hour) Xylenes Not reported (0.11 lb/hr) (1 hour) Napthalene Not reported (0.004 lb/hr) (1 hour) Opacity (not 20% for Not reported more than 6 minute (30 minutes) average) An increased load to the [(406 compressor caused the compressor to over . . 2010 Annual Speed, routing the gas Specdic Requrrement . stream to the ?are gas Compliance 1-128 40 CFR l) . . recovery system. The. . Certi?cation EQT 0254 4/30/2010 (162 3 Not reported increased ?ow to the ?are, LAC 33.111.905, (3/24/201 1) and No.1 Flare hour rolling (4 hours) in conjunction with the Paragraph 55 of the ?ashers disarray? molecular weight due to an Air Products outage, caused the No.1 Flare to stage. 16 - sag-e mxe? 4H 1- 3:1 raf?a?m?i??l?yr - I 12119113113522}: tweet mHoRIz? {if anthem 9- ate38le thonz . @120" PM 3365? ?1 hit/?m i - 14.15111ng 1221-. In . i RE (0 ungtloti 77: 3:59;, "t . 0- 1.3" ?1 gamma/Nair . '15 1 - . . . rteun?t-y greenwhit-?31? a I, can Ial?e?w?t 2010 Annual The SRU system shutdown on low process gas ?ow due to the misalignment of steam to the educator. Compliance SRU Train 1/2 5/12/2010 . Sillfur pm Not reported However, following the Spear?: Requ'remem . . 3023-V3 and shall be . . No. 24, Certi?cation Thermal 5/27/2010 muted to the SRU 1 hour) second pit vent opening on LAC 33m 905 (3/24/201 1) Oxidizer 5/27/10, the root cause was determined to be misalignment of instrument . . air. 2010 Annual EQT 0193 . Speci?c Requirements . . A lack of hydrogenation KK 3023-1/3 SRU ?2 5/28/2010 (250 12 hour reported catalyst activity. during 23 a? . Certi?cation Thermal mm? avcra e) (9 hours) start? CFR (3/24/2011) Oxidizer LAC 33:111.905 HIS (l62 3 hr reported . (7 hours) rolling average) Not reported (0.02 lb/hr) (5 hours) C0 N01 reported The FCC Process Gas (5-90 113/1?) (5 hours) Compressor unexpectedly Not reported lost power due to an (1.27 lb/hr) (5 hours) electrical short in the FM Not reported solenoid valve. This (0 hours) caused a fuse to 11131 took out power to the 2010 Annual (0 1:130?? Emergency Shutdown LL Compliance EQT 0254 - ours circuit in the shutdown . . Certi?cation 3016'? No. 1 Flare nhexane Not reported control system of the FCC Spec'?c Requ'remem 2 (31/24/201 1) (007 [bl/hr) (5 hours) Process Gas Compressor. Shutdown of the Benzene 161300611 compressor was initiated, (0.02 lb/hr) (5 hours) causing the No.1 Flare Ethyl benzene Not reported control valve to relieve. (002 (5 hours) The solenOld valve was repaired and the equipment Toluene Not reported restarted (0.01 lb/hr) (5 hours) Xylenes Not reported (0.11 Ib/hr) (5 hours) Napthalene Not reported (0.004 1b/hr) (5 hours) A loss of power due to an CO Not reported electrical short in the - EQT 0184 (300,24 113/1") (13 hours) solenoid valve caused a . . 2311?] FCC fuse to blow. This resulted Spcc'q?; 0 .p . 3022-V4 Regenerator 6/ 1/2010 in a power loss to the an Certl?eatlon . 40 CFR (3,24,201 1) Flue Gas Emergency Shutdown 40 CFR 63 (I) Scrubber Vent CO Not reported circuit which initiated a a) (500 hours) shutdown of the compressor. During a transition of SRUZ to 0; mode and SRUI to . . 2010 Annual EQT 0.193 6/8/2010 combustion air mode to test Spw?c Requ'remem NN Compliance SRU Train 1/2 Not reported . 23, . . 3023-V3 and (250 12 hour recent repairs to SRU2, . Certi?catlon Thermal . (38 hours) . CFR (304/201 1) oxidizer 6/10/2010 rolling average) increased due to lack of LAC 33.1? 905 hydrogenation reactor catalyst activity. During the planned Claus . . 2?10 Alma] EQT 0.193 6/18/2010, so2 Unit switch to the Tail Gas Spec'?" Requ'mmem 00 Compliance SRU Train 1/2 Not reported . . 23 . . 3023-V3 6/22/2010, (250 12 hour Treating Unit (TGTU), the . cem?canon Thermal 6/27/2010 rolling average) (73 hours) SRU rich ?lters became 40 CFR (3/24/201 1) Oxidizer LAC 33:111.905 plugged. 17 (win Elihu-nary; .ez igserm . mend-?1 at 1121((was 2010 Annual During loading of the sour PP Compliance EQT 080 2 Not reported naphtha barge the Certi?cation 3004 V2 No.3 Flare 7/28/2010 (3 hours) dreager 1-128 sample read 40 CPR 6010403)?) (3/24/2011) 3 2000 ppm. While routing the Refrac 2010 Annual and TDU sweet streams to Speci?c Requirements QQ Compliance EQT 0255 - 2 Not reported the ?are, orders were Certi?cation 3016 No. 2 Flare (3 hours) misunderstood and the (3/24/2011) ng Prefract Tower (sour) was also routed to the ?are. 2010 Annual Gas streams were Speci?c Requirements . 2 . 30] 6N1 EQT 0255 10/13/2010 (I 62 3 hour Not reported tnadvertently routed to the 20? 2L and 40? ertt?catton No. 2 Flare mm? avcra e) (3 hours) waste gas system resulting LAC 33,1119? (3/24/2011) in high ms in the ?are. - - Not reported Shutdown/startup associated Speci?c Requirement 2010 Annual EQT 0193 (250 ppmv) (12 hours) with routine maintenance. 23 SS Compliance SRU Train 1/2 The MDEA ?lters became Certi?cation Thermal 1 [name plugged and the pump (3/24/201 1) Oxidizer Not reported became vapor locked until (95 WM) (2 hours) suction was established. LAC 33'm'501 H28 (162 3 hour rou'ng average) During a repair of the high 2010 Annual pressure line of the Waste eci?c . TT Compliance 30] EQT 0255 mils/2010 Not reported Gas System, the Hot Oil 20 2162:53316? Certi?cation No.2 Flare (153.185 lb/hr) (1 hour) Drum Off Gas line was 3?31" 90% (3/24/201 1) inadvertently routed to the ?are. HZS Not reported (0.41 lb/hr) (1 hour) 2010 Annual EQgcig 84 UU Compliance CO Not reported Speci?c Requirements Certi?cation 3022 V4 Regenerator 12/16/2010 (500 ppm) (1 1 hours) Planned startup. l4 and 3] (3/24/201 1) Gas Scrubber Vent EQT 0184 vv Frail: FCC SO Approximately .p . 3022-V4 Regenerator 12/31/2010 2 5 tpy Not submitted LAC Certi?cation Fl ($3.79 tpy) 6/24/20] I) ue as excee ance Scrubber Vent .. 9:5: -. Each emission exceedance is a violation of any applicable permit and associated requirement(s) listed above, LAC La. R.S. and I VII. The Respondent failed to meet the following reporting requirements: dedhdit??i? mam: \r Panties? .. aqgif?a?tiearieriehaw?itia?? a min .L e?tR x- If . a av ?may 4 ?until. has:qu 72rd? QUIREME i a and?, "we '51? "its. .. Submit report ofthe number of I mi 515 "Fri-maul- ., s: at are}. 7:1 an: emergent Id.? is sit-Mmr??s 4.92. r. mums. ii 1:24.. his-Rivas 2.. A Not reported 3004-V0 breakthroughs for EQT 081 3/31/2009 Failed to submit. Speci?c Requirement 45 Tank C-8901 Submit report ofthe number of 8 Not reported 3004-VO breakthroughs for EQT 085 3/31/2009 Failed to submit. Speci?c Requirement 85 Tank C-8902 18 6155'," - - Bee axis - . .2: i? i .ri Submit report of the number of Not reported 3004-V0 breakthroughs for EQT 103 3/31/2009 Failed to submit. Speci?c Requirement 132 Tank D-913 Submit report of the number of Not reported 3004-V0 breakthroughs for EQT 108 3/31/2009 Failed to submit. Speci?c Requirement 158 Tank 1024 Submit report of the number of Not reported breakthroughs for EQT 109 3/31/2009 Failed to submit. Speci?c Requirement 179 Tank 5509 Submit report ofthe number of Not reported breakthroughs for EQT 10 3/31/2009 Failed to submit. Speci?c Requirement 198 Tank 6306 Submit report of the number of . . 3017- 3/15/2009, 9/15/2009 . . Speci?c Requirements Not reported breakthroughs for EQT 233 3,15/2010? 9115/2010 Failed to submit. 181/167/190 Storage Tank M1 Submit report of the number of . . 3017? 3/15/2009, 9/15/2009 . . SpeCi?c Requriements Not reported breakthroughs for EQT 234 3? 5,2010, Failed to submit. 91/?9/203 Storage Tank M2 . Submit report of the number of . . 3017- 3! 15/2009, 9/15/2009 . . Speci?c Requirements 1 Not reported V1 N2 N3 breakthroughs for EQT 240 3? 5/2010, 9? 5/2010 Failed to submit. 255,224,251 Storage Tank M3 Submit report of overall calculated VOC emissions for 3017- EQT 0216 . . . Speci?c Requirements 1 Aromatics 3?31?2009 ra?led t? 5"bm?' 134/121/121 Tank Maintenance and Service Changg Submit report of overall Not reported 3017-V1 calcmamd for 3/31/2009 Failed to submit. Speci?c Requirement 404 Group Tanks Emission Cap Updates of the status of the ongoing investigation of the Unauthorized Discharge unauthorized discharge shall be Noti?cation Report Submfucd CW 60 days 9n 5/2009 10/23/2009 LAC Tl I 6426 Update the investigation has been completed and the results of the investigation have been submitted. Updates of the status of the ongoing investigation of the Unauthorized Discharge unauthorized discharge shall be Noti?cation Report ?mined elm! 60 days um? 9/15/2009 9/30/2009 LAC Tl ?5434 Update the investigation has been completed and the results of the investigation have been submitted. Updates of the status of the ongoing investigation ofthe Unauthorized Discharge unauthorized discharge shall be Noti?cation Report ?timl?tcd We?! 60 days 9/18/2009 9/23/2009 LAC Tl [6460 Update tie investigation has been completed and the results of the investigation have been submitted. 19 Unauthorized Discharge 0 Noti?cation Report T117083 Update use? ?War my A 4 I r? merge l' . . . 33:21?! dates of the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. a 10/ 12/2009 1 0/26/2009 LAC Unauthorized Discharge Noti?cation Report T117481 Update Updates of the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 10/3 1/2009 1 1/16/2009 LAC 3Q2009 NESHAP Subpart FF (BWON) Uncontrolled Benzene Evaluation Report (2/23/2010) Consent Decree Submit Corrective Measures Plan no later than 60 days a?er the end of the calendar quarter. 1 1/29/2009 2/23/2010 Paragraph 92(b) of Consent Decree, La. R.S. Not reported 2500-00005- V1N2 Submit report of heat input of individual boilers and total calculated emissions for GRP0022 Boilers CAP 3/31/2010 Failed to submit. Speci?c Requirements 91/95 8 Not reported Submit report of overall calculated VOC emissions for GRP029 Group A 3/31/2010 Failed to submit. Specific Requirements 1853/1758 Not reported Submit report of overall calculated VOC emissions for EQT 182 SD-OM, Sphere Drain Emissions 3/31/2010 Failed to submit. Speci?c Requirements 1601/1612 Not reported 1 Submit report of overall calculated VOC emissions for GRP030 Group 3/31/2010 Failed to submit. Speci?c Requirements 1 854/1759 Not reported Submit report of overall calculated VOC emissions for GRP036 Loading Cap 3/31/2010 Failed to submit. Speci?c Requirements 1 855/1 760 Not reported Submit report of overall calculated VOC emissions for GRP039 Tank Maintenance 3/31/2010 Failed to submit. Speci?c Requirements 1856/1761 Not reported 3016-V1 Submit report of emissions calculated based on number of Startup/Shutdown of Flare No.2 for EQT 0270 3/31/2010 Failed to submit. Speci?c Requirement 47 Not reported 3017- Submit report of overall calculated VOC emissions for GRP034 Group A Tanks Emission Cap 3/31/2010 Failed to submit. Speci?c Requirements 403/362/386 Unauthorized Discharge Noti?cation Report T120078 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 2/19/2010 3/24/201 0 LAC 20 ,4 at I aim . a "are as? ER brav- . x. . a 'n Mi?Ii-?mrm. Unauthorized Discharge Noti?cation Report T123040 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. V, "33 a: d'aa? a . 1-1 7/3/2010 . Janene . ?rs i 4/ 6" Failed to submitUnauthorized Discharge Noti?cation Report T123l56 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 7/6/20 10 8/17/2010 LAC CC March 24, 201 1 (Quarterly, Semiannual, Annual) 3004-V2 Conditions not up to the standards described in LAC shall be recorded along with the date(s) that the standards are not met and the administrative authority shall be noti?ed within seven days. 8/24/2010 9/9/2010 LAC 33:10.21 03.D.2.e Unauthorized Discharge Noti?cation Report T125557 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 10/16/2010 Failed to submit. LAC EE Unauthorized Discharge Noti?cation Report T126093 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 1 0/25/2010 12/16/2010 LAC FF Unauthorized Discharge Noti?cation Report T126170 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 11/13/2010 12/14/2010 LAC Unauthorized Discharge Noti?cation Report T126868 Update Updates on the status of the ongoing investigation of the unauthorized discharge shall be submitted every 60 days until the investigation has been completed and the results of the investigation have been submitted. 2/8/201 1 Failed to submit. LAC Unauthorized Discharge Noti?cation Report T126929 Update Written reports for any unauthorized discharge shall be submitted within 7 calendar days. 10/14/2010 l2/l0/2010 LAC Each noncompliance of the reporting requirements is a violation of applicable permit and associated requirement(s) listed above, LAC La. R.S. and 21 The Respondent reported that it had discovered open-ended valves or lines as follows: 1 l' -S-peci?c Requiremen 3017-v1 1/6/2009 332, 40 CFR 63.16703) Speci?c Requirement 3017-v1 saw) 1/3/2009 332, 40 CFR 63.167(a) Speci?c Requirement 3004-V0 2/3/2009 1 669, 40 CFR 63.167(a) Speci?c Requirement 200.9 Quin? 3004-v0 2/4/2009 1669, Perrmt Dewattons FUG 0007 40 CFR 63 [6701) rt (631309) Speci?c Esquirement 3022?v3 2/12/2009 40 CFR as required by 40 CFR 63.648(c) Speci?c Requirement 2933?v1 3/12/2009 89, 40 CFR Speci?c Requirement 3023-v2 Fg??so?g 3/21/2009 90, 40 CFR 2009 Quarter Permit Deviations Report (6/24/09) 2009 1" Half Semiannual Monitoring Report . . . I Spcc1?c Requ1rement (9/13/09) 301s-v1 1/1/2009 through 11/24/2009 73, 2009 3 Quarter FUG 0006 40 CFR 60 Permit Deviations Report 12/ 15/09) 2009 2"d Half Semiannual Monitoring Report (3/24/10) 2009 1?l Quarter Permit Deviations Report (6/24/09) 2009 1? Half . . . Spec1?c Requ1rement 2933-v1 1/1/2009 through 12/31/2009 89, (9/15/09) 40 CFR 2.009 3"1 Quarter Permit Deviations Report 12/ 15/09) 2009 1? Half . . Spem?c Requtrement Simiamual 3004-v1 5/27/2009 1686, Momtonng Report FUG 0007 40 CFR 63 (9/15/09) 22 1'jo 521:4 dvd?gj . 1 A 1:14.113, . FE OM Speci?c Requirement 2009 2?d Half 3004-v1 0007 10/21/2009 1 1686, Semiannual 40 CFR 63. 67 Monitoring Report FE ARO Speci?c Requirement (3/24/10) 3017-V2 0010 11/24/2009 1 291, 40 CFR 63.167 Speci?c Requirement . . 73, 301 l-Vl 15 1/22/2010 2 40 CFR as required by 40 CFR 63.648(c) Speci?c Requirements . I686 and 1629 OH Movements and 3004-v1 Loading 3/22/2010 2 40 CFR 6.1317(3) as FUG 0007 requ'rc 3? 40 CFR 40 CFR Speci?c Requirements . 1686 1629 011 Movements and 3004?v1 Loading 5/13/2010 and 5/25/2010 3 40 CFR 6.1167?) as PUG 0007 requued by 40 CFR 40 CFR Speci?c Requirement . . . 128, 3015-v1 1:31:82; ng'l?wes "5/28/2010 3 40 CFR 63.167(a) as required by 40 CFR 63.648(c) Speci?c Requirement 20l0 Annual 64, Compliance 40 CFR 63.167(a) as Cenifca?on 3022-V4 Fugltwe): 6/29/2010 3 required by (3/24/201 I) FUG 0? 40 CFR 40 CFR Speci?c Requirement 64, 40 CFR 63.l67(a) as 3022-V4 PUG 0008 7/20/2010 3 required by 40 CFR 40 CFR Speci?c Requirement ?g?g?l 7/22/2010 2 CFR Speci?c Requirement 3015-v1 7/23/2010 1 123, 40 CFR Speci?c Requirements 68 and 73, FE-CFHT 40 CFR 63.167(a) as 3011-V1 PUG 0005 7/2/2010, 12/17/2010 5 required by 40 CFR 40 CFR 7/2/2010, 7/8/2010, 7/19/2010, . . 3004.?! 1713-0101 7/13/2010, 7/21/2010, 24 FUG 0007 11/11/2010,11/16/2010,11/17/20 40 CFR 10,11/19/2010,11/22/2010 a 23 I ?i I, rub-l "hit I. R. "Manama-11:45seer-w .. .. .. Speci?c Requirements . 7/15/2010 8/31/2010 88 andgs? PUG 0003 1 ?15/201 0 4 40 CFR 40 CFR 63.167(a) as required by 63.648(c) Speci?c Requirement 118, 3023-v4 $333339 12/7/2010 2 40 CFR 63.I67(a) as required by 40 CFR 63.648(c) Each open-ended line is a Violation of LAC 332111.5122 which incorporates by reference 40 CFR LAC incorporated by reference 40 CFR and/or LAC 3321115122 which incorporates by reference 40 CFR as required by . 40 CFR each facility Speci?c Condition or permit requirement of the Title Permits as listed in the table above, LAC and La. R.S. IX. The Respondent reported the following violations from fugitive emissions regulations requirements: -, ?we? :ayawd as? aal 2009 1?l uarter be ui ed with ui ed with seal . . (germit EQT 02] ?"2009 that prevents Spem?c A . . 3017-Vl Isom Recycle through 105, Devrations re or 1/9/2009 prevents leakage leakage to the LAC 331? 2] Report 0 55 of VOC to the atmosphere until (6/24/2009) atmosphere. ?9/2009. [fa leak is Speci?c Requirement 301 monitoring 63. 3/24/2011 FE-CFHT, CFHT- 5/9/2010 was not completed for 40 CFR 60.482- (Quarterly, and momth until a 17 valves. Required Semiannual Fugitives . monitoring completed - 5/21/2010 leak 15 not . Speci?c Reqmremcm and Annual) 3004Nl I detected for 2 In the subaequent 1629, successive months. mo? 40 CFR 60.482- A ?rst repair attempt or . monitoring was not 3 I2 4 [201 I made within 5 days of . . . 'tial detection The (Quarterly, FE-ARO - Aromatics monitoring shall ml . . . Speci?c Requirement Semiannual, FUG 0010 5/25/2010 be made within 5 ?325? 346 and Annual) days ofinitial 6 pd - detection 1 ays an was ow the regulatory threshold. 24 _}gwr&ne1nzrm - ?1 . i: .ua?u rEs-y.? . :?Ei?it .. . i manila; 42m mp, .- lb. ru.? 3:9 prim", l? Fig??ngi?ionm . Ff aware/weal.qu as . I "mama?- 'efgg??r?g?h lg? i. 1., 1 as: Ergo,3018-V2 No.1 Crude/Cotter Spec??" quu'remem Fugitives Performance of FUG 0006 initial inspections 40 CFR 60'482 7(a) Forty-?ve components FE 0M - - and Method 21 . . - ugltives . . subject to routine 4 3004-V2 on ovemems monitoring and .t . 0 CFR 3/24/201 1 were FUG 0007 7/19/2010 monitorin ofeach tagged and included in Semiannuiil and valve inggas or the LDAR Requirement 3022 v2 FE-FCC, 11/ 12/2010 . . . . Performance of initial and Annual) - Process Fugitives light liqu1d serv1ce inspections and and then after two . . 40 CFR 60.482- FUG 0008 successive months ?lemming ware ?Gt . er orme . 11x10. 2 Speci?c l??quirement ru 0 'er - 293348 Fugitives 40 CFR FUG 0003 . A ?rst repair attempt or monitoring was not . made within 5 days of 3 l2 4 [201 initial detection for one (Quanerl - monitori: sha" component. The Speci?c Requirement semiannuzi 3022-V4 Fugitives 10/9/2010 be made wihin 5 required monitoring 64, Ann HIS FUG 0008 da 5 ofini?al was completed after the 40 CFR an galactic? 5?h day, but monitoring results indicated it was not leaking above the regulatory threshold. The VOC leak and open-ended reporting form was turned in atter Mrs/repair 23513301252213 3/24/20! 1 N0. 2 attempt or . . . Speci?c Requirement (Quarterl Crude/Coker monitoring shall resumng "?th 88 and 95 . 3? 2933-v3 . . 11/12/2010 . . to monitor 18 Semiannual, Fugitives be made Within 5 40 CFR A 1 FUG 0003 t? ?t'al components am? the 7 40 CFR 63 169( an nnua agsto day of evidence of the a) 6 cc leak. Monitoring results indicated the leaks were above the regulatory threshold. weekly Visual Speci?c Requirement 3/24/20! 1 FBARO Aromatics inspections were not 40 CFR 63mm (Quam'y? 3017?v3 FugitiVes 12/5/2010 week? Visual 40 CFR 60 482- Semiannual, FUG 00m inSpections. was subsequently and Annual) performed on 40 CFR 60 ?482 12/12/2010. 2010(4) Each deviation from fugitive emission requirements is a violation associated requirement(s) listed above, La. R.S. and La. R.S. LAC of any applicable permit and LAC The Respondent operates under Consent Decree 05-4662 that specifies in paragraph 118 that it would complete a Coke Barn Compliance Review which would specify a schedule for implementing all additional reasonable precautions to be taken to ensure compliance with the requirements of 25 LAC at the Chalmette Re?nery?s coke barn. The Respondent was to implement all such additional precautions in accordance with the speci?ed schedule. The Respondent submitted the compliance review report dated July 20, 2006, and a revised report dated October 3, 2006. The schedule for implementation of enhancements indicated completion by September 1, 2006, cleaning of coker handling and transfer areas, washing down of coker handling and transfer areas, roadways and transfer vehicles, cleaning of the coke barn ?oor and roadways and washing down of transfer vehicles. The Respondent reported that less than adequate housekeeping performed in accordance with LAC 332111.2113 and/or failure to prevent particulate matter from becoming airborne in accordance with LAC as follows: .. .l 2009 15' Quarter Permit Deviations Report (6/24/2009) 2009 Semiannual Less than adequate Monitoring housekeeping Report 1/1/2009 identi?ed by 15/2009) No.1 Crude/ Coker throu Operations personnel. 2009 3?1 Quarter UNF 001 I 12/31/509 Insuf?cient doors and Permit damage to roof allows . Deviations particulate matter to Report - become airborne. 12/ 5/2009) 2009 Semiannual Monitoring Report (3/24/2010) 2009 1? Quarter Permit Deviations Report (6/24/2009) 2009 1?l Semiannual Monitoring Report All reasonable No. 2 Crude/ l/ [/2009 precautions not taken 20?; $52009) 2933-V1 Coker through to prevent particulate Quart? UNF 0006 12/31/2009 matter from becoming Rim!" airborne. Dcvrattons Report (12/ 5/2009) 2009 Semiannual Monitoring Report (3/24/2010) Speci?c Requirement [07, LAC 33:lli.l305.A Speci?c Requirement 127, LAC 26 unmet-51' :4 warez-nrnrirr .. 9: inn-*1- . -- 2009 Quarter Permit Deviations Report (6/24/2009) 1 Failure to maintain 2009 best practical S'emiannual No. 2 Crude/ housekeeping and . . Monitoring 2933-Vl Coker First Half 2009 maintenance practices - Spe?f?'ggfl?'l?g??'zg' Report UNF 0006 to reduce the quantity 15/2009) of organic compound 2009 2?d emissions. ?l Semiannual Monitoring Report (3/24/2010) Each failure to maintain. adequate housekeeping and/or take all reasonable precautions to prevent particulate matter from becoming airborne is a violation the Speci?c Requirement of the respective Title Permit as indicated in the table above, LAC La. R.S. and La. COMPLIANCE ORDER Based on the foregoing, the Respondent is hereby ordered: I. To submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE ORDER, a written report including the updated RMP cited in Paragraph V.E of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. II. To submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE ORDER, a written report including the updated CEMS data cited in Paragraph V.F of the FINDINGS OF FACT portion of this COMPLIANCE I To submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE ORDER, a written report including an update to the two outstanding RMP equipment inspections referenced in Paragraph V.K of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. .Iv. 'To- submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE ORDER, a written report including the quantity of each emission exceedance not 27 - reported as cited in Paragraph VI of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. V. To submit to the Enforcement Division, within sixty (60) days after receit of this COMPLIANCE ORDER, a written report including the root cause for the violations cited in Paragraphs VLZ and of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. VI. To submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE ORDER, a written report that includes the breakthrough reports not submitted as cited in Paragraph of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. - VII. To submit to the Enforcement Division, within sixty (60) days after receipt of this COMPLIANCE. ORDER, a written report in accordance with LAC that includes the update and/or conclusion of each unauthorized discharge investigation not submitted as cited in Paragraph VILAA, VILDD, and VILGG of the FINDINGS OF FACT portion of this COMPLIANCE ORDER. To take, immediately upon receipt of this COMPLIANCE ORDER, any. and all steps necessary to meet and?maintain compliance with the Act, Air Quality Regulations, and all applicable permits. . IX. To submit to the Enforcement Division, within thirty (30) days after receipt of this - COMPLIANCE ORDER, a written report that includes a detailed description of the circumstances surrounding the cited violations and actions taken or to be taken to'achi'eve compliance with the Order Portion of this COMPLIANCE ORDER. This-report and ail other reports or information required to be submitted to the Enforcement Division by this shall be submitted to: Of?ce of Environmental Compliance Post Of?ce'Box 4312 Baton Rouge, Louisiana 70821?43 12 Attn: Deanne Bodin Re: Enforcement Tracking No. AE-CN-11-00838 Agency Interest No. 1376 28 THE RESPONDENT SHALL FURTHER BE ON NOTICE THAT: I. The Respondent has a right to an adjudicatory hearing on a disputed issue? of material fact or of law arising from this COMPLIANCE ORDER. This right may be exercised by ?lling a written request with the Secretary no later than thirty (30) days after receipt of this COMPLIANCE ORDER. II. The request for an adjudicatory hearing shall specify the provisions of the COMPLIANCE ORDER on which the hearing is requested and shall brie?y escr-ilbe the basis for the request. This request should reference the Enforcement Tracking Number and Agency Interest Number, which are located in the upper right?hand corner of the ?rst page of this document and should be directed to the following: Department of Environmental Quality Of?ce of the Secretary Post Of?ce Box 4302 Baton Rouge, Louisiana 70821-4302 Attn: Hearings Clerk, Legal Division Re: Enforcement Tracking No. AE-CN-11-00838 Agency Interest No. 1376 Upon the Respondent's timely filing a request for a hearing, a hearing on the disputed issue of material fact or of law regarding this COMPLIANCE ORDER may be scheduled by the Secretary of the Department. The hearing shall be governed by the Act, the AdministratiVe Procedure Act (La. R.S. 49:950, et seq), and theDepartment's Rules of Procedure. The Department may amend or supplement this COMPLIANCE ORDER prior to the hearing, after providing suf?cient notice and an Opportunity for the preparation of a defense for the hearing. I IV. This COMPLIANCE OER shall become a ?nal enforcement action unless the request for hearing is timely ?led. Failure to timely request a hearing constitutes a waiver of the Respondent's right to a hearing on a disputed issue of material fact or of law under Section 2050.4 of the Act for the violation(s) described herein. I V. The Respondent's failure to request a hearing or to ?le an appeal or the Respondent's withdrawal of a request for hearing on this COMPLIANCE ORDER shall not preclude the Respondent from 29 contesting. the ?ndings of facts in any subsequent penalty action addressing the same violation(s), although the Respondent is stepped from objecting to this COMPLIANCE ORDER becoming a permanent part of its compliance history. VI. Civil penalties of not more than twenty-seven thousand ?ve hundred dollars ($27,500) for each day of violation for the violation(s) described herein may be assessed. For violations which occurred on August 15, 2004, or after, civil penalties of not more than thirty-two thousand ?ve. hundred dollars ($32,500) may be assessed for each day of Violation. The Respondent's failure or refusal to. comply with I this COMPLIANCE ORDER and the provisions herein will subject the Respondent to possible enforcement procedures under La. R.S. 30:2025, which could result in the assessment of a civil penalty in an amount of not more than ?fty thousand dollars ($50,000) for each day of continued violation or noncompliance. I I VII. For each violation described herein, the Department reserves the right to seek civil penalties in any manner allowed by law, and nothing herein shall be construed to preclude the right to seek such penalties. I NOTICE OF POTENTIAL PENALTY I. Pursuant to La. R.S. you are hereby noti?ed that the issuance .of a penalty assessment is being considere for the violation(s) described herein. Written cements may be ?lled regarding the violation(s) and the Contemplated penalty. If you elect to submit comments, it is requested that they be submitted within ten (10) days of receipt of this notice. II. Prior to the issuance of additional appropriate enforcement action(s), you may request a meeting with the Department to present any mitigating circumstances concerning the If you would [like to have such a meeting, please contact Deonne Bodin at (225) 219?3760 within ten (10) days of receipt of this NOTICE OF POTENTIAL PENALTY. The Department is required by La. R.S. to consider the gross revenues of the Respondent and the monetary bene?ts of noncompliance to determine whether a penalty will be assessed and the amount of such penalty. Please forward the Respondent?s most current annual gross 30 revenue statement along with a- statement of the monetary bene?ts of noncompliance for the cited violation(s) to the above named contact person within ten (10) days of receipt of this NOTICE OF POTENTIAL PENALTY. Include .with your statement of monetary bene?ts the method(s) you utilized to arrive at the sum. If you assert that no monetary bene?ts have been gained, you are to fully justify that statement. I IV. This CONSOLIDATED COMPLIANCE ORDER NOTICE OF POTENTIAL PENALTY is effective upon receipt. r' Baton Rouge, Louisiana, this day of 20:14. Cheryl Sonn-ier Nolan Assistant Secretary Of?ce of Environmental COmpliance Copies of a request for a hearing and/or related correspondence should be sent to: Louisiana-Department of Environmental Quality Of?ce of Environmental Compliance Enforcement Division P.O. Box 4312 Baton Rouge, LA 70821?43 12 Attention: Deonne Bodin 31'