### Case 4:05-cv-00258 Document 33 Filed 01/11/2007 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

CONOCOPHILLIPS COMPANY, UNITED STATES OF AMERICA, STATE OF ILLINOIS, STATE OF LOUISIANA, STATE OF NEW JERSEY, COMMONWEALTH OF PENNSYLVANIA, NORTHWEST CLEAN AIR AGENCY,
JUDGE SIM LAKE CIVIL ACTION NO. H-05-258

Defendant. Plaintiffs,


### v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) -----------------)
NOTICE OF LODGING OF FIRST AMENDMENT TO CONSENT DECREE

The United States hereby lodges with the Court a First Amendment to the Consent Decree entered in December 2005 in the above-referenced case. The First Amendment is attached as Exhibit 1. Under the Consent Decree, the Defendant, ConocoPhillips Company ("COPC"), agreed to undertake, inter alia, numerous projects to reduce emissions of air pollutants at nine refineries that COPC owns and operates. Since December 2005, the parties have determined that numerous amendments to the Consent Decree are in order. The proposed First Amendment has been signed by representatives of each ofthe parties: the United States, the State ofIllinois, the State of Louisiana, the State ofNew Jersey, the Commonwealth of Pennsylvania, the Northwest Clean Air Agency ("NWCAA"), and COPC.

### Case 4:05-cv-00258 Document 33 Filed 01/11/2007 Page 2 of 5

In accordance with 28 C.F.R. 

### § 50.7 and Department ofJustice policy, the approval ofthe Plaintiffs remains subject to public notice and comment. Specifically, this First Amendment has been lodged so that the United States Department ofJustice may present the First Amendment to the public for comment, by publication ofa "Notice of Lodging" in the Federal Register. The public comment period in the Federal Register will run for thirty days after the initial publication ofthe Notice. Accordingly, the First Amendment should not be entered at this time. After notification ofthe public and review ofpublic comments
-- if any are submitted

-- Plaintiffs will advise the Court ofthe substance ofthe comments and, if appropriate, ask the Court to enter the First Amendment. Respectfully submitted, THE UNITED STATES OF AMERICA
SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division U.S. Department ofJustice

ANNETTE M. LANG, Trial A orney D.C. Bar No. 413292 Environmental Enforcement Section U.S. Department ofJustice P.O. Box 7611 Washington, D.C. 20044-7611 Phone: (202) 514-4213 Fax: (202) 616-6584 Attorney-in-Charge for the United States



### 2

### Case 4:05-cv-00258 Document 33 Filed 01/11/2007 Page 3 of 5

Date: 

# II, 2.007 DONALD 

### J. DeGABRIELLE, JR. United States Attorney Southern District ofTexas

# BYKE~4 Assistant United States Attorney Southern District ofTexas Southern District Bar No. 30329 Texas Bar No. 00797884 P.O. Box 61129 Houston, Texas 77208-1129 Tel: (713) 567-9516 Fax: (713) 718-3407

### Case 4:05-cv-00258 Document 33 Filed 01/11/2007 Page 4 of 5

CERTIFICATE OF SERVICE I, Annette M. Lang, hereby certify that on this 11 th day ofJanuary 2007, I caused a true copy ofthe foregoing Notice of Lodging of First Amendment to Consent Decree to be served by first-class mail, postage prepaid upon the following counsel ofrecord: JAMES L. MORGAN Senior Assistant Attorney General Illinois Bar No. 6183865 500 South Second Street Springfield, Illinois 62706 TED R BROYLES, II (La. #20456) Legal Affairs Division Louisiana Department of Environmental Quality P.O. Box 4302 Baton Rouge, Louisiana 70821-4302 SCOTT B. DUBIN Deputy Attorney General NJ Bar No. 006661980 Department ofLaw and Public Safety Division ofLaw RJ. Hughes Justice Complex 25 Market Street P.O. Box 093 Trenton, NJ 08625-0093 DOUGLAS G. WHITE Assistant Counsel Pa. Bar No. 68066 Office of Chief Counsel Pennsylvania Department ofEnvironmental Protection 2 East Main Street Norristown, PA 19401 LAUGHLAN H. CLARK, WSBA # 10996 Zender Thurston P. S. 1700 D St. P.O. Box 5226 Bellingham, WA 98227

### Case 4:05-cv-00258 Document 33 Filed 01/11/2007 Page 5 of 5

DONNA H. CARVALHO Senior Counsel 600 North Dairy Ashford Houston, Texas 77079

Annette M. Lang

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 2 of 59

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

CONOCOPHILLIPS COMPANY, UNITED STATES OF AMERICA, STATE OF ILLINOIS, STATE OF LOUISIANA, STATE OF NEW JERSEY, COMMONWEALTH OF PENNSYLVANIA, NORTHWEST CLEAN AIR AGENCY,

Defendant. Plaintiffs,
v. ) ) ) ) ) ) ) )CIVIL ACTION NO. H-05-258 ) ) JUDGE SIM LAKE ) ) ) ) ) ) ) ---------------)
FIRST AMENDMENT TO CONSENT DECREE WHEREAS, on January 27,2005, Plaintiffs, the United States ofAmerica ("United States"),
on behalf ofthe Environmental Protection Agency ("EPA"), Co-Plaintiffthe State of Illinois ("Illinois"), on behalf ofthe Illinois Environmental Protection Agency ("IEPA"), Co-Plaintiffthe State ofLouisiana ("Louisiana"), on behalfofthe Louisiana Department of Environmental Quality ("LDEQ"), Co-Plaintiffthe State ofNew Jersey ("New Jersey"), at the request and on behalf ofthe New Jersey Department of Environmental Protection ("NJDEP"), Co-Plaintiffthe Commonwealth of Pennsylvania ("Pennsylvania"), on behalf ofthe Pennsylvania Department ofEnvironmental Protection ("PaDEP"), and Co-Plaintiffthe Northwest Clean Air Agency ("NWCAA") (collectively

1

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 3 of 59

"Plaintiffs") filed a complaint in this action against and simultaneously lodged a consent decree with ConocoPhillips Company ("COPC"); WHEREAS, on December 5, 2005, this Court entered the consent decree (the "December 2005 Consent Decree" or "Decree") that fully resolved the claims in the complaint; WHEREAS, Plaintiffs and COPC ("the Parties") have agreed upon certain modifications of the December 2005 Consent Decree pursuant to Paragraph 437 of the Decree, WHEREAS, the Parties agree that these modifications are in the best interest ofthe public and that entry ofthis First Amendment without litigation is appropriate; WHEREAS, the Parties recognize, and the Court by entering this First Amendment finds, that this First Amendment has been negotiated at arms length and in good faith and that this First Amendment is fair, reasonable, and in the public interest; NOW THEREFORE, before the taking of any testimony, without adjudication of any issue of fact or law, and upon the consent and agreement ofthe Parties, it is hereby ORDERED, ADJUDGED, and DECREED as follows: AMENDED AND RESTATED SECTIONS The December 2005 Consent Decree shall remain in full force and effect in accordance with its terms, except that the existing Paragraphs numbered l1.QQQ, 42,54,62- 65, 67, 73, 77, 79(a), 83, 86,87,90, 111, 123, 124, 128, 129, 152, 167, 172, 175,203,206, 210, 211(a) and (b), 214, 215, 219,229,234,235, 270,271,272,279,395 and 433 as well as Appendices A and B, are amended and restated as set forth below, and new Paragraphs numbered 48A, 67A, 100A, 122A, 123A, 279A, 279B, and 279C are added, all as follows:



## * * * *

2

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 4 of 59

(Paragraph 11) 

### QQQ. "Santa Maria Refinery" shall mean the refinery owned and operated by COPC in Arroyo Grande, California.



## * * * *

42. Hydrotreating at the Sweeny Refinery. By no later than June 1, 2006, COPC will have completed modifications to the operations of its Sweeny Refinery such that the feed to Sweeny FCCDs 3 and 27 is high-pressured hydrotreated at greater than 1200 pounds per square inch. By no later than June 1,2006, COPC will high-pressure hydrotreat 100% ofthe feed at Sweeny FCCD 3 until both the NOx and S02 emission limits have been established pursuant to Paragraphs 50

- 51 (NOx) and Paragraphs 69

- 70 (S02)' By no later than January 1,2007, COPC will high-pressure hydrotreat 90% ofthe feed at Sweeny FCCD 27 until the S02 emissions limits have been established pursuant to Paragraphs 69

- 70.



## * * * *

48A. At any time during the NOx Reducing Catalyst Additive Demonstration Period for the LAR Wilmington, Sweeny 3, Borger 29 (if applicable), and Borger 40 (if applicable), COPC may propose for EPA approval to end the Demonstration Period early and propose a short-term (e.g. 3-hour, 24- hour, or 7-day rolling average) and a long-term (365-day rolling average) concentration based limit (ppmvd), each at 0% oxygen, for NOx emissions from an FCCD. COPC may also propose alternative limits to be applicable during Hydrotreater Outages or other alternate operating scenarios.

3

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 5 of 59

If EPA approves the proposed limits, then COPC shall immediately begin complying with the proposed limits and the NOx Reducing Catalyst Additive Demonstration Period shall end and the requirements of Paragraphs 41-47 shall no longer apply for that FCCU. Unless and until EPA approves the proposed limits, COPC shall continue to use 10w-NOx promoter (if applicable), and continue to add NOx additive at the optimized rate for the remainder ofthe demonstration period, and Paragraphs 41-47 shall remain in effect.



## * * * * 54. Demonstrating Compliance with FCCU NOx Emission Limits. Beginning no later than the dates set forth below for each ofthe following FCCUs, COPC will use NOx and O2 CEMS to monitor performance ofthe FCCU. FCCU CEMS Alliance 7/31/06 Bayway DOL Borger 29 

### 9130/05 Borger 40 

### 9130/05 Ferndale DOL LAR Wilmington DOL Sweeny 3 6/30/05 Sweeny 27 DOL Trainer 12/31/06 Wood River 1 DOL Wood River 2 DOL

4

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 6 of 59

The CEMS will be used to demonstrate compliance with the respective NOx emission limits established pursuant to this Section V.A. ofthis Consent Decree. COPC will make CEMS data available to EPA and the Applicable Co-Plaintiffupon demand as soon as practicable. COPC will install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F .R. § 60.13 that are applicable to CEMS (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. For the Alliance, Borger, Sweeny, and LAR Wilmington FCCDs, unless Appendix F is otherwise required by the NSPS, state law or regulation, or a permit or approval, in lieu of the requirements of40 C.F .R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 5.1.4, COPC must conduct either a Relative Accuracy Audit ("RAA") or a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. COPC must also conduct Cylinder Gas Audits ("CGA") each calendar quarter during which a RAA or a RATA is not performed.



## * * * *

62. SO) Baseline Data and S02 Model. By the dates set forth below, for the following baseline time periods, for the following FCCDs, COPC will submit to EPA and the Applicable Co-Plaintiff two reports: (1) a report of twelve (12) months of baseline data and (2) a report describing a model to predict uncontrolled S02 concentration and mass emission rate:

5

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 7 of 59

FCCU LAR Wilmington Sweeny 3 Sweeny 

### 27 Baseline Start 12/31/05 6/30106 6/30106 Baseline End 12/31/06 6/30107 12/31/06 Report 2128107 8/31/07 2128107 The baseline data will include all data considered in development ofthe model on a daily average basis, and, at a minimum, the data required in Paragraph 43. Upon request by EPA, COPC will submit any additional data that EPA determines it needs to evaluate the model. The report describing the model will include a description ofhow the model was developed including which parameters
were considered, why parameters were eliminated, efforts and results ofmodel validation, and the statistical methods used to arrive at the equation to predict uncontrolled S02 concentration and mass emission rate.

63. S02 Reducing Catalyst Additives

- Short Term Trials (a) By no later than the dates set forth in the table in Paragraph 63(c), COPC will identify for EPA approval at least two commercially available brands of S02 Reducing Catalyst Additives, for each FCCU, that COPC proposes to use for short term trials and submit a protocol to EPA for conducting the trials. (b) COPC will propose use of at least two brands of S02 Reducing Catalyst Additives that are likely to perform the best in each FCCU. EPA will base its approval or disapproval on its assessment ofthe performance ofthe proposed brands of additives in other FCCUs, the similarity ofthose FCCUs to COPC's FCCUs, as well as any other relevant factors, with the objective of conducting trials ofthe brands of S02 Reducing Catalyst Additives likely to have the best performance in reducing S02 emissions. In the event that COPC submits less than two approvable brands of additives, EPA will identify other approved additives brands to COPC. (c) If EPA has approved two brands of S02 Reducing Catalyst Additives by no later than the "trial start" date set forth below, then COPC will commence and complete the trials of those two brands and will submit a report to EPA that describes the performance ofeach brand that was trialed by the following dates for each ofthe following FCCUs:

6

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 8 of 59

FCCU COPC IDs Trial Starts Trial Ends Report 2 Additives Date and submits Protocol LAR Wilmington 9/30/07 3/31/08 9/30/08 11/30/08 Sweeny 3 9/30/08 3/31/09 9/30/09 11/30/09 Sweeny 27 8/31/06 12/31/06 6/30/07 8/31/07 If EPA has not approved two brands of additives by the "trial start" date, then subsequent deadlines will be modified as agreed by the parties. (d) In the report on the short-term trials, COPC will propose to use the best performing brand of additive as measured by percentage of S02 emissions reduced and the concentration to which S02 emissions were reduced in the trials, taking into account all relevant factors. EPA will either approve the proposed brand of additive or approve another brand of additive that was trialed for use in the optimization study. In approving an additive, EPA will consider the impact of the additive on the processing rate and/or the conversion capability if such impacts cannot be reasonably compensated for by adjusting operating parameters. Upon request by EPA, COPC will submit any additional available data that EPA determines it needs to evaluate the trials. 64. S02 Reducing Catalyst Additives

- Optimization Study and Report (a) By no later than the dates set forth in the table in Paragraph 64(c) ("Paragraph 64(c) Table"), COPC will submit, for EPA approval, a proposed protocol consistent with the requirements of Appendix D for optimization studies to establish the optimized S02 Reducing Catalyst Additive addition rates. The protocol will include methods to calculate effectiveness, methods for baseloading, and percent additive used at each increment tested. (b) If EPA has approved a brand of S02 Reducing Catalyst Additive by no later than the "Optimization Start" date set forth in the Paragraph 64(c) Table, then COPC will commence and complete the optimization study ofthe S02 Reducing Catalyst Additive in accordance with the approved protocol and Appendix D by no later than the dates set forth in the Paragraph 64(c) Table. If EPA has not approved a brand of S02 Reducing Catalyst Additive by no later than the "Optimization Start" date, then subsequent deadlines will be modified as agreed by the parties. (c) By no later than the following dates, COPC will report the results ofthe S02 Reducing Catalyst Additive Optimization Study and propose, for EPA approval, optimized addition rates of all catalysts to be used for the demonstration period.

7

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 9 of 59

FCCU Protocol Due Optimization Optimization Report Due Start End LAR Wilmington Sweeny 3 Sweeny 27 6/30/08 6/30/09 3/31/07 12/31/08 12/31/09 9/30/07 6/30/09 6/30/10 3/31/08 7/31/09 7/31/10 4/30/08 Upon request by EPA, COPC will submit any additional data that EPA determines it needs to evaluate the S02 Reducing Catalyst Additive Optimization Study. (d) During the Optimization Study, COPC will successively add S02 Reducing Catalyst at increments of 5.0,6.7,8.4, and 10.0 Weight % S02 Reducing Catalyst Additive. Once a steady state has been achieved at each increment, COPC will evaluate the performance of the S02 Reducing Catalyst Additive in terms of S02 emissions reductions. The final Optimized S02 Reducing Catalyst Additive Addition Rate, in pounds per day, will occur at the addition rate where either: (i) The FCCU meets 25 ppmvd S02 at 0% O2 on a 365-day rolling average, in which case COPC will agree to accept a limit of 25 ppmvd S02 at 0% O2 on a 365-day rolling average basis at the conclusion of the demonstration period; (ii) Incremental Pickup Factor <2.0 lb S02/lb additive; or (iii) FCCU is operating at 10.0% Weight % S02 Reducing Catalyst Additive. If an additive limits the processing rate or the conversion capability in a manner that cannot be reasonably compensated for by adjustment of other parameters, then the additive level will be reduced to a level at which the additive no longer causes such effects. 65. S02 Reducing Catalyst Additives

- Demonstration Period and Report (a) By no later than dates set forth in the table in Paragraph 65(b), COPC will commence and complete a demonstration ofthe EPA-approved S02 Reducing Catalyst Additive at the optimized addition rates that COPC proposes unless EPA proposes different optimized addition rates. Delays by EPA in approving the optimized addition rate may.result in extensions ofthe demonstration period and extensions of relevant deadlines as agreed by the parties. (b) By no later than the following dates, COPC will report to EPA and the Applicable Co-Plaintiff the results ofthe demonstrations ("S02 Additive Demonstration Report"). The S02 Additive Demonstration Report will include, at a minimum, the S02 and oxygen CEMS data recorded during the demonstration period and all baseline data on a daily average basis for the demonstration period.
8

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 10 of 59

FCCD Demonstration Start Demonstration End Report Due LAR Wilmington Sweeny 3 Sweeny 27 6/30/09 6/30/10 3/31/08 12/31/10 12/31/11 9/30/09 3/1/11 3/1/12 11/30/09 (c) During the demonstration period, COPC will both physically add S02 Reducing Catalyst Additive and operate each FCCD, CO Boiler (where applicable) and FCCD feed hydrotreaters (where applicable) in a manner that minimizes S02 emissions to the extent practicable without interfering with conversion or processing rates.

67. COPC may notify EPA at any time prior to the following dates of COPC's agreement to comply with S02 emission limits of 25 ppmvd on a 365-day rolling average basis and 50 ppmvd on a 7-day rolling average basis, at 0% oxygen, effective on the following dates:
FCCD LAR Wilmington Sweeny 3 Sweeny 27 3/1/11 3/1/12 11/30/09 IfCOPC makes such a notification, Paragraphs 61

- 66 will no longer apply for the affected FCCD(s) after the date ofthe notification.



## * * * *

67A. At any time during the S02 Reducing Catalyst Additive Demonstration Period for the LAR Wilmington, Sweeny 3, and Sweeny 27, COPC may propose for EPA approval to end the Demonstration Period early and propose a short-term (7-day rolling average) and a long-term (365-
9

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 11 of 59

day rolling average) concentration based limit (ppmvd), each at 0% oxygen, for S02 emissions from
an FCCU. COPC may also propose alternative limits to be applicable during Hydrotreater Outages
or other alternate operating scenarios. If EPA approves the proposed limits, then COPC shall immediately begin complying with the proposed limits and the S02 Reducing Catalyst Additive Demonstration Period shall end and the requirements of Paragraphs 61-66 shall no longer apply for that FCCU. Unless and until EPA approves the proposed limits, COPC shall continue to add S02 reducing additive at the optimized rate for the remainder ofthe demonstration period, and Paragraphs 61-66 shall remain in effect.



## * * * *

73. Demonstrating Compliance with FCCU S02 Emission Limits. Beginning no later than the dates set forth below for each ofthe following FCCUs, COPC will use S02 and O2 CEMS to monitor perfonnance ofthe FCCU. FCCU CEMS Alliance 7/31/06 Bayway DOL Borger 29 9/30/05 Borger 40 9/30/05 Ferndale DOL LAR Wilmington DOL Sweeny 3 6/30/05 Sweeny 27 DOL

10

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 12 of 59

Trainer Wood River 1 Wood River 2 12/31/06 DOL DOL The CEMS will be used to demonstrate compliance with the respective S02 emission limits established pursuant to Section V.B. ofthis Consent Decree. COPC will make CEMS data available to EPA and the Applicable Co-Plaintiffupon demand as soon as practicable. COPC will install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F .R. § 60.13 that are applicable to CEMS (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. For the Alliance, Borger, Sweeny, and LAR Wilmington FCCDs, unless Appendix F is otherwise required by the NSPS, state law or regulation, or a permit or approval, in lieu ofthe requirements of40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 5.1.4, COPC must conduct either a Relative Accuracy Audit ("RAA") or a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. COPC must also conduct Cylinder Gas Audits ("CGA") each calendar quarter during which a RAA or a RATA is not performed.



## * * * *

77. PM Emission Limits for the Bayway, Borger 29, Borger 40, Trainer, Sweeny 3, Wood River 1 and Wood River 2 FCCDs. COPC will continue to operate the wet gas scrubber at the Bayway Refinery and will design the wet gas scrubbers at the Borger 29, Borger 40, Trainer, Wood River 1 and Wood River 2 FCCDs to achieve an emission limit of 0.5 pound PM per 1000 pounds of

11

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 13 of 59

coke burned on a 3-hour average basis. To the extent that, under Paragraph 58 ofthis Consent Decree, COPC does not install wet gas scrubbers at Borger FCCDs 29 and 40, this requirement will not apply. COPC will design and install a new electrostatic precipitator at Sweeny 3 to achieve an emission limit of 0.5 pound PM per 1000 pounds of coke burned on a 3-hour average basis. By no later than the following dates for the following FCCDs, COPC will comply with an emission limit of 0.5 pound PM per 1000 pounds of coke burned on a 3-hour average basis determined by the testing protocol in Paragraph 83: Bayway Borger 29 (if applicable) Borger 40 (if applicable) Sweeny 3 Trainer Wood River 1 Wood River 2 Date ofLodging December 31, 2006
December 31, 2015
December 31, 2009 December 31, 2006 December 31, 2008 December 31, 2012



## * * * *

79. PM Control Measures and Emission Limits at the Ferndale FCCD (a) By no later than April 1,2007, COPC will complete modifications to the existing wet gas scrubber at the Ferndale FCCD to comply with an emission limit of no greater than 0.50 pounds PM per 1000 pounds of coke burned on a 3-hour average basis. By no later than June 30, 2007, COPC will comply with an emission limit of 0.50 pound PM per 1000 pounds of coke burned on a

12

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 14 of 59

3-hour average basis at the Ferndale FCCD. By no later than June 30, 2007, COPC will conduct a performance test to demonstrate compliance with the emission limit of 0.50 pounds PM per 1000 pounds of coke burned on a 3-hour average basis by using 40 C.F.R. Part 60 Appendix A Method 5B.



## * * * *

83. Demonstrating Compliance with PM Emission Limits Set Forth in Section V.C and V.E. COPC will follow the test methods specified in 40 C.F .R. § 60.1 06(b)(2) to measure PM emissions from the FCCDs, except at the Bayway FCCD where COPC will followNJAC 7:27B-1. COPC will propose and submit the test methods to EPA for approval, with a copy to the Applicable Co-Plaintiff, by no later than three (3) months after the PM limit becomes effective at an FCCD. COPC will conduct the first test no later than six (6) months after the PM limit becomes effective at an FCCD. COPC will conduct annual stack tests thereafter by December 31 of each calendar year at each FCCD and will submit the results of each test in the first report due under Section IX that is at least three (3) months after the test. Except with respect to the Bayway FCCD, upon demonstrating through at least three (3) annual tests that the PM limits are not being exceeded at a particular FCCD, COPC may request EPA approval to conduct tests less frequently than annually at that FCCD.



## * * * *

86. Demonstrating Compliance with CO Emission Limits., Beginning no later than the dates set forth below for each FCCD, COPC will use CO and 

### 02 CEMS to monitor performance ofthe FCCD:

13

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 15 of 59

FCCD CEMS Alliance 7/31/06 Bayway DOL Borger 29 9/30/05 Borger 40 9/30/05 Ferndale DOL LAR Wilmington 4/11/05 Sweeny 3 4/11/05 Sweeny 27 DOL Trainer 12/31/06 Wood River 1 4/11/05 Wood River 2 4/11/05 The CEMS will be used to demonstrate compliance with the respective CO emission limits established pursuant to this Section V.D. COPC will make CEMS data available to EPA and the Applicable Co-Plaintiffupon demand as soon as practicable. COPC will install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F.R. § 60.13 that are applicable to CEMS (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. For the Alliance, Borger, Sweeny, and LAR Wilmington FCCDs, unless Appendix F is otherwise required by the NSPS, state law or regulation, or a permit or approval, in lieu ofthe requirements of 40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3**a~d** 5.1.4, COPC must conduct either a Relative Accuracy Audit ("RAA") or a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. COPC must also

14

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 16 of 59

conduct Cylinder Gas Audits ("CGA") each calendar quarter during which a RAA or a RATA is not performed.



## * * * *

87. The following FCCD catalyst regenerators will be "affected facilities," as that term is used in the Standards of Performance for New Stationary Sources ("NSPS"), 40 C.F.R. Part 60, and will be subject to and comply with the requirements ofNSPS Subparts A and 

### J for each ofthe following pollutants by the following dates:

SO£ PM CO Alliance 12/31/09 DOL 9/30/05 Bayway DOL DOL DOL Borger 29 12/31/06 12/31/06 DOL (but see 88) Borger 40 12/31/15 4/11/05 DOL (but see 88) Ferndale DOL DOL DOL LAR Wilmington 6/1/05 4/11/05 4/11/05 Sweeny 3 6/30/06 12/31/09 4/11/05 Sweeny 27 6/30/06 4/11/06 DOL Trainer 12/31/06 12/31/06 12/31/06 Wood River 1 12/31/08 DOL 4/11/05 Wood River 2 12/31/12 DOL 4/11/05

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 17 of 59



## * * * *

90. Opacity Monitoring at the FCCDs. By no later than the following dates, COPC will install and operate a Continuous Opacity Monitoring System ("COMS") to monitor opacity at each ofthe following FCCDs: Alliance 7/31/06 Bayway 12/31/05 Borger 29 DOL Borger 40 DOL Ferndale 4/1/07 LAR Wilmington 4/11/05 Sweeny 3 DOL Sweeny 27 DOL Trainer 12/31/06 Wood River 1 DOL Wood River 2 DOL COPC will install, certify, calibrate, maintain, and operate all COMS required by this Consent Decree in accordance with 40 C.F.R §§ 60.11, 60.13 and Part 60 Appendix A, and the applicable performance specification test of 40 C.F.R. Part 60 Appendix B.



## * * * *

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 18 of 59

100A. Combustion Units for which controls were installed at the Alliance Refinery prior to September 1, 2005, in order to meet Paragraph 95, shall meet the monitoring requirements of Paragraph 100 beginning no later than December 31, 2006.



## * * * *

Ill. NSPS Applicability of Heaters and Boilers at the Alliance Refinery. By no later than the Date of Lodging for all heaters and boilers at the Alliance Refinery except for heater 191-H-1, and by no later than December 31, 2008, for heater 191-H-1, the heaters and boilers at the Alliance Refinery will be affected facilities, as that term is used in the NSPS, 40 C.F.R. Part 60, and will be subject to and comply with the requirements ofNSPS Subparts A and J for fuel gas combustion devices.



## * * * *

122A. Compliance with the National Emission Standards for Hazardous Air Pollutants for Sulfur Recovery Plants during Scheduled Turnarounds ofthe TGUs at the Alliance, Bayway, Santa Maria, and Wood River Refineries. Up to and including December 31,2013, COPC will not be in violation ofthe sulfur recovery plant provisions of40 C.F.R. Part 63, Subpart UUU, for the sulfur recovery plants at the Alliance, Bayway, Santa Maria, and Wood River Refineries during Scheduled Turnarounds ofthe associated TGUs if, during each such Scheduled Turnaround, COPC complies with the requirements of both Paragraph 134 ofthis Consent Decree and the requirements associated with Option 2 of Subpart UUU, found at 40 C.F.R. § 63.1568. IfCOPC has not had an opportunity to conduct performance tests and establish operating limits required for Option 2 of Subpart UUU

17

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 19 of 59

during a Scheduled Turnaround at any of these SRPs, COPC is entitled to perform that test and establish such operating limits at the first Scheduled TGU Turnaround and COPC will not be in violation of any applicable sulfur recovery plant provision of Subpart UUU based on the timing of the first performance test. This Paragraph 122A applies only during Scheduled Turnarounds ofthe TGUs at the Alliance, Bayway, Santa Maria, and Wood River Refineries. During all other times, COPC will comply with Option I of Subpart UUU, found at 40 C.F.R. § 63.1568(a)(l)(i).



## * * * *

123. Elimination, Control, and/or Inclusion in Monitoring of Sulfur Pit Emissions. By no later than the following dates for the Covered SRPs, COPC will either eliminate, control, and/or include and monitor as part ofa Covered SRP's emissions under 40 C.F.R. § 60.104(a)(2), all sulfur pit emissions. The LAR Wilmington Plant and the Rodeo Refinery will upgrade existing systems to meet this requirement. "Control" for purposes of this Paragraph includes routing sulfur pit emissions into a contactor box ofa Beavon Stretford TGU evaporator. For purposes ofthis Paragraph, the pelletizer at the Santa Maria Refinery and the acid plant at the LAR Wilmington Plant are not "Covered SRPs." Routing emissions to a contactor box on a Beavon Stretford TGU evaporator is a work practice standard. Monitoring for this standard will be recordkeeping sufficient to show that the
means ofconveyance of the gases to the contactor" box (for example, blowers, eductors, etc.) are operational. The Parties recognize that periodic maintenance may be required for a properly designed and operated system of conveyance of the gases to the contactor box. COPC will take all reasonable measures to minimize emissions while such periodic maintenance is being performed.

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SRP Alliance SRP Bayway SRP Borger SRP Ferndale SRP LAR Carson SRP LAR Wilmington SRP Rodeo SRP Santa Maria SRP Sweeny SRP Trainer SRP Wood River SRP Compliance Date The earlier of (i) the first SRP turnaround after 4/1/06 ; or (ii) 12/31/08 Date of Lodging 6/30/06 Date of Lodging Date of Lodging 6/30/07 6/30/06 The earlier of (i) the first SRP turnaround after 12/31/05; or (ii) 12/31/08 Date of Lodging 6/30/06 Date of Lodging
123A. The Rodeo Refinery has upgraded its existing system consistent with the requirements of Paragraph 123. COPC will install enhancements to this control system at the Rodeo Refinery by no later December 31, 2008.



## * * * *

124. Monitoring all Emissions Points and Installing CEMS. By no later than the following dates for the Covered SRPs, COPC will monitor all tail gas emission points (stacks) to the atmosphere from the respective SRP and will install and operate a CEMS in accordance with NSPS Subpart J, except where COPC timely submits an AMP:
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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 21 of 59

SRP Date Alliance SRP 7/31106 Bayway SRP 4111105 Borger SRP Date of Lodging Ferndale SRP Date of Lodging LAR Carson SRP Date of Lodging LAR Wilmington SRP 4111/05 Rodeo SRP 4111/05 Santa Maria SRP 4/11105 Sweeny SRP Date of Lodging Trainer SRP 4111105 Wood River SRP Date of Lodging COPC must monitor all emissions from the Tail Gas Units associated with these SRPs through the
use of an NSPS-compliant CEMS, but COPC may submit an AMP, by no later than March 31, 2005, for any CEMS that, as of the Date of Lodging, has lower span values than NSPS specifications. To the extent that COPC seeks an AMP to monitor any other tail gas emission point to the atmosphere, COPC will submit complete AMPs for all such points by no later than March 31, 2005. IfEPA does not approve an AMP, COPC will install and operate a CEMS at the respective emission point in accordance with NSPS Subpart 

### J by no later than eighteen (18) months after receipt of EPA's disapproval.



## * * * *

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128. SRP Optimization Study Report and Implementation. By no later than the following dates for the following SRPs, COPC will submit to EPA and the Applicable Co-Plaintiff a report (the "SRP Optimization Study Report") on the results and recommendations of optimization studies ofthe Claus trains for the Alliance, Bayway, Santa Maria, and Wood River SRPs: Bayway SRP Wood River SRP Santa Maria SRP Alliance SRP June 30, 2005 December 31, 2005 June 30, 2006 March 31, 2007 The SRP Optimization Study Report will include a schedule for implementing the Report's recommendations, if any, to enhance SRP performance. COPC will implement the physical changes, if any, and operating parameters, if any, recommended in the SRP Optimization Study Report according to the schedule set forth therein. 

### cope will not be required to make any physical changes that would restrict or adversely affect the operation ofthe Alliance, Bayway, Santa Maria, and Wood River SRPs under normal operating conditions. COPC will incorporate the results ofthe optimization studies into the Preventive Maintenance and Operation Plans required under Paragraph 125.



## * * * *

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 23 of 59

129. Performance Standards after Optimization Studies for the Alliance, Bavway, Santa Maria, and Wood River SRPs. (a) Periods of Applicability of Performance Standards for the Alliance, Bayway, Santa Maria, and Wood River SRPs. For the Alliance, Bayway, Santa Maria, and Wood River SRPs, COPC will comply with the performance standards established pursuant to Subparagraphs 129(b)

- (d) during all periods of Scheduled Turnarounds ofthe associated TGUs. (b) Proposing Performance Standards. In the Optimization Study Reports for the Alliance, Bayway, Santa Maria, and Wood River SRPs, COPC will propose a performance standard (percent recovery rate range or other performance standard) for each Claus train based upon expected SRP performance during a Scheduled Turnaround ofthe SRP. The reports will also include, if necessary, a schedule for implementing related optimization study recommendations that are necessary to comply with COPC's proposed standard. Unless and until notified by EPA pursuant to Subparagraph 129(c) below, COPC will comply with its proposed performance standard during the periods identified in Subparagraph 129(a) above. (c) If EPA does not provide a response to COPC's proposed performance standard by the following dates, then COPC will utilize the performance standard that it proposes: Bayway SRP Wood River SRP Santa Maria SRP Alliance SRP September 30, 2005 June 30, 2006 December 31, 2006 September 30, 2007 If, by the dates set forth above, EPA determines that a more stringent performance standard and/or a different implementation schedule than those proposed by COPC is appropriate and can be achieved with a reasonable certainty of compliance, EPA will so notify COPC. Unless, within ninety (90) days of its receipt ofthat notice, COPC disputes EPA's determination(s), COPC will comply with such

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new standard during the periods identified in Subparagraph 129(a) above and/or with the new schedule as set forth in EPA's response. (d) During the first Scheduled Turnaround of the Alliance, Bayway, Santa Maria, and Wood River TGUs after December 31, 2005, COPC will evaluate the actual performance of the Claus trains at the optimized levels and, based on that evaluation, may propose to modify the performance standard established under Subparagraph (b) or (c). COPC will propose a more stringent standard if actual experience demonstrates a reasonably certainty of compliance with a more stringent standard. COPC will comply with any revised performance standard that it proposes under this Subparagraph under the same conditions set forth in Subparagraph (c), except that EPA's response date will be no later than six (6) months after COPC proposes a new performance standard.



## * * * *

152. Future Acid Gas Flaring and Tail Gas Incidents: General.COPC agrees to implement a program to investigate the cause of future Acid Gas Flaring and Tail Gas Incidents, to take reasonable steps to correct the conditions that cause or contribute to such Acid Gas Flaring and Tail Gas Incidents, and to minimize Acid Gas Flaring and Tail Gas Incidents. All Covered Refineries other than the Alliance Refinery will follow the procedures in this Section V.L to evaluate whether future Acid Gas Flaring and Tail Gas Incidents occurring after the Date of Entry ofthis Decree are due to Malfunctions or are subject to stipulated penalties. The Alliance Refinery will follow the procedures in this Section V.L to evaluate whether future Acid Gas Flaring and Tail Gas Incidents occurring after June 30, 2006, are due to Malfunctions or are subject to stipulated penalties. The procedures set forth in Section V.L require a Root Cause Analysis ("RCA") and corrective action for all types of

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Acid Gas Flaring and Tail Gas Incidents. The procedures require stipulated penalties for Acid Gas Flaring and Tail Gas Incidents ifthe Root Causes are not due to Malfunctions.



## * * * *

167. At all Covered Refineries other than the Alliance Refinery, for Hydrocarbon Flaring Incidents occurring after the Date of Entry and at the Alliance Refinery beginning June 30, 2006, COPC will follow the same investigative, reporting, and corrective action procedures as those outlined in Paragraphs 153

- 157 for Acid Gas Flaring and Tail Gas Incidents. However: (a) Hydrocarbon Flaring Incidents will be reported in a Covered Refinery's quarterly/semi-annual reports due under Section IX rather than on an incident-by-incident basis;
. (b) For each ofthe Flaring Devices identified in Appendix A, COPC may prepare and submit a single RCA for one or more Root Causes found by that analysis to routinely recur. COPC will inform EPA and the Applicable Co-Plaintiffthat it is electing to report only once on that Root Cause(s). Unless EPA or the Applicable Co-Plaintiff objects within thirty (30) days ofreceipt ofthe RCA, such election will be effective; (c) For the six (6) month period after the installation of a flare gas recovery system (that is, during the time in which the flare gas recovery system is being commissioned), COPC will not be required to undertake Hydrocarbon Flaring Incident investigations if the root cause of the Hydrocarbon Flaring Incident is directly related to the commissioning of the flare gas recovery system; (d) In lieu of analyzing possible corrective actions under Paragraph 153 and taking interim and/or long-term corrective action under Paragraph 154 for a Hydrocarbon Flaring Incident attributable to the startup or shutdown of an Upstream Process Unit that COPC has previously analyzed under this Paragraph 167, COPC may identify such prior analysis when submitting the report required under this Paragraph 167. (e) To the extent that a Hydrocarbon Flaring Incident at a Covered Refinery has as its Root Cause the bypass of a flare gas recovery system for safety or maintenance reasons as set forth in Paragraphs 148

- 149, COPC will be required to describe only the HC Flaring Incident and to list the date, time, and duration of such Incident in the quarterly/semi-annual reports due under Section IX.

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 26 of 59



## * * * *

172. Current Compliance Status. COPC will comply with the following compliance options: (a) On the Date ofLodging, COPC's Bayway and Trainer Refineries will comply with the compliance option set forth at 40 C.F.R. § 61.342(c) and (c)(3)(ii) (hereinafter referred to as the "2 Mg compliance option"); (b) On the Date ofLodging, COPC's Ferndale Refinery will comply with the 2 Mg compliance option, with the exception ofthe work required under Paragraph 174; (c) On the Date of Lodging, COPC's Alliance, Borger, LAR Wilmington, Sweeny, and Wood River (including Distilling West) Refineries will comply with the compliance option set forth at 40 C.F.R. § 61.342(e) (the "6 BQ compliance option"); (d) By no later than January 31, 2005, COPC's LAR Carson Plant will comply with the 6 BQ compliance option; (e) On or before April 30, 2004, COPC reported that it had a Total Annual Benzene ("TAB") of less than 10 Mg/yr at its Rodeo and Santa Maria Refineries. (f) On May 26, 2006, in accordance with Paragraph 180, COPC proposed to implement a compliance strategy and schedule to ensure that the Rodeo Refinery complies with the 6 BQ option by no later than April 7, 2007.
175. One-Time Review and Verification ofEach Covered Refinery' s TAB: Phase One ofthe Review and Verification Process. By no later than September 30,2005, for the Bayway, Borger, Ferndale, LAR Carson, Rodeo and Santa Maria Refineries, and by no later than March 31, 2006, for the LAR Wilmington, Sweeny, Trainer, and Wood River Refineries, and by no later than September 30,2006, for the Alliance Refinery, COPC will co.mplete a review and verification of each Covered Refinery's TAB and each Covered Refinery's compliance with the applicable compliance option. For each Covered Refinery, COPC's Phase One review and verification process will include, but not be limited to:

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 27 of 59

(a) an identification of each waste stream that is required to be included in the Covered Refinery's TAB**(~,** slop oil, tank water draws, spent caustic, desalter rag layer dumps, desalter vessel process sampling points, other sample wastes, maintenance wastes, and turnaround wastes (that meet the definition of waste under Subpart FF)); (b) a review and identification ofthe calculations and/or measurements used to determine the flows of each waste stream for the purpose of ensuring the accuracy ofthe annual waste quantity for each waste stream; (c) an identification of the benzene concentration in each waste stream, including sampling for benzene concentration at no less than 10 waste streams per Covered Refinery consistent with the requirements of 40 C.F.R. § 61.355(c)(I) and (3); provided however, that previous analytical data or documented knowledge ofwaste streams may be used in accordance with 40 C.F.R. § 61.355(c)(2), for streams not sampled; and (d) an identification of whether or not the stream is controlled consistent with the requirements of Subpart FF.



## * * * *

203. Training: All but the Santa Maria Refinery. By no later than June 30, 2005, for all Covered Refineries except Rodeo and Santa Maria, and by no later than December 31, 2006, for the Rodeo Refinery, COPC will complete the development of standard operating procedures for all control equipment used to comply with the Benzene Waste Operations NESHAP. By no later than March 31,2006, for the Bayway, Borger, Ferndale, LAR Carson, LAR Wilmington, Sweeny, Trainer, and Wood River Refineries, and by no later than September 30, 2006, for the Alliance Refinery and by no later than April 1,2007, for the Rodeo Refinery, COPC will complete an initial training program regarding these procedures for all operators assigned to this equipment. Comparable training will also be provided to any persons who subsequently become operators, prior to their assumption ofthis duty. Until termination ofthis Decree, "refresher" training in these procedures will be performed at a minimum on a three (3) year cycle.

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### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 28 of 59



## * * * *

206. Waste/Slop/Off-Spec Oil Management: Schematics. By no later than September 30,2005, for the Bayway, Borger, Ferndale, LAR Carson, Rodeo and Santa Maria Refineries, and by no later than March 31, 2006, for the LAR Wilmington, Sweeny, Trainer, and Wood River Refineries, and by no later than September 30, 2006, for the Alliance Refinery, COPC will submit to EPA and the Applicable Co-Plaintiff schematics for each Refinery that: (a) depict the waste management units (including sewers) that handle, store, and transfer waste, slop, or off-spec oil streams; (b) identify the control status of each waste management unit; and (c) show how such oil is transferred within the Refinery. COPC will include with the schematics-a quantification of all uncontrolled waste, slop, or off-spec oil movements at the Refinery. Ifrequested by EPA, COPC will submit to EPA within ninety (90) days ofthe request, revised schematics regarding the characterization ofthese waste, slop, off-spec oil streams and the appropriate control standards.



## * * * *

210. Benzene Waste Operations Sampling Plan: Due Dates for Submission. COPC will submit the sampling plans by no later than the following dates for the following Refineries: Bayway, Borger, Ferndale LAR Carson, Rodeo, Santa Maria LAR Wilmington, Sweeny, Trainer, Wood River Alliance

27 12/31/05
6/30/06
12/31/06

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 29 of 59



## * * * *

211. Benzene Waste Operations Sampling Plans: Content Requirements. (a) Santa Maria (TABs ofunder 10 Mg/yr). The sampling plan for the Santa Maria Refinery will identify: (i) all waste streams that contributed 0.05 Mg/yr or more to the previous year's TAB calculations; and (ii) the proposed sampling locations and methods for flow calculations to be used in calculating projected quarterly and annual TAB calculations under the terms of Paragraph 214. The sampling plan will require COPC to take, and have analyzed, in each calendar quarter, at least three representative samples from all waste streams identified in Subparagraph (a) (i) and all locations identified in Subparagraph (a)(ii). (b) Alliance, Borger, LAR Carson, LAR Wilmington, Rodeo, Sweeny, and Wood River (6 BQ Compliance Option). The sampling plans for the Alliance, Borger, LAR Carson, LAR Wilmington, Rodeo, Sweeny and Wood River Refineries will identify: (i) all uncontrolled waste streams that count toward the 6 BQ calculation and contain greater than 0.05 Mglyr ofbenzene; and (ii) the proposed sampling locations and methods for flow calculations to be used in calculating projected quarterly and annual uncontrolled benzene quantity calculations under the terms ofParagraph 214. The sampling plan will require COPC to take, and have analyzed, in each calendar quarter, at least three representative samples from all waste streams identified in Subparagraph (b)(i) and all locations identified in Subparagraph (b)(ii).

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## * * * *

214. Quarterly and Annual Estimations ofTABs and Uncontrolled Benzene Quantities. At the end of each calendar quarter and based on sampling results and approved flow calculations, COPC will calculate a quarterly and projected annual: (i) TAB for the Santa Maria Refinery; and (ii) uncontrolled benzene quantity for the remaining Covered Refineries. In making this calculation, COPC will use the average ofthe three samples collected at each sampling location. Ifthese calculations do not identify any potential violations ofthe benzene waste operations NESHAP, COPC will submit these calculations in the reports due under Section IX ofthis Decree.



## * * * *

215. Corrective Measures: Basis. Except as set forth in Paragraph 216, COPC will implement corrective measures at the applicable Covered Refinery if: (a) For the Santa Maria Refinery, the quarterly TAB equals or exceeds 2.5 Mg or the projected annual TAB equals or exceeds 10 Mg for the then-current compliance year; (b) For the Alliance, Borger, LAR Carson, LAR Wilmington, Rodeo, Sweeny, or Wood River Refineries, the quarterly uncontrolled benzene quantity equals or exceeds 1.5 Mg or the projected annual uncontrolled benzene quantity equals or exceeds 6 Mg for the then-current compliance year; (c) For the Bayway, Ferndale, and Trainer Refineries, the quarterly uncontrolled benzene quantity equals or exceeds 0.5 Mg or the projected annual uncontrolled benzene quantity equals or exceeds 2 Mg for the then-current compliance year.



## * * * *

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219. Miscellaneous Measures. The provisions ofthis Paragraph will apply to all Covered Refineries except the Rodeo and Santa Maria Refineries from September 30,2005, through termination, to the Rodeo Refinery from January 1,2007, through termination, and to the Santa Maria Refinery, if its TAB reaches 10 Mg/yr, from such time as a compliance strategy under Paragraph 180 is implemented until termination ofthe Consent Decree: (a) Conduct monthly visual inspections of all Subpart FF water traps within the Refinery's individual drain systems; (b) Identify and mark all area drains that are segregated storm water drains; (c) On a weekly basis, visually inspect all Subpart FF conservation vents on process sewers for detectable leaks; reset any vents where leaks are detected; and record the results ofthe inspections. After two (2) years ofweekly inspections, and based upon an evaluation ofthe recorded results, COPC may submit a request to the Applicable EPA Region to modify the frequency ofthe inspections. EPA will not unreasonably withhold its consent. Nothing in this Paragraph 2l9(c) will require COPC to monitor conservation vents on fixed roof tanks. Alternatively, for conservation vents with indicators that identify whether flow has occurred, COPC may elect to visually inspect such indicators on a monthly basis and, if flow is then detected, COPC will then visually inspect that indicator on a weekly basis for four (4) weeks. If flow is detected during any two (2) ofthose four (4) weeks, COPC will install a carbon canister on that vent until appropriate corrective action(s) can be implemented to prevent such flow; (d) Conduct quarterly monitoring ofthe controlled oil-water separators in benzene service in accordance with the "no detectable emissions" provision in 40 C.F.R. § 61.347; and (e) Manage all groundwater remediation wastes that are covered by Subpart FF at each of its Refineries in appropriate waste management units under and as required by the Benzene Waste Operations NESHAP.



## * * * *

229. Third-Party Audits. COPC will retain a contractor(s) to perform a third-party audit ofthe Refinery's LDAR program at least once every fouf (4) years. The first third-party audit and report for the Bayway, Ferndale, and Sweeny Refineries will be completed no later than December 31,

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2005; the first third-party audit and report for the Alliance, Borger, LAR Carson, Santa Maria, Trainer, and Wood River Refineries will be completed by no later than December 31, 2006; and the first third-party audit and report for the LAR Wilmington and Rodeo Refineries will be completed by
no later than April 1,2007.



## * * * *

234. Leak Definition for Valves. By no later than March 1, 2005, for the LAR Carson, LAR Wilmington, Rodeo, and Sweeny Refineries, and by no later than June 30, 2006, for the Bayway, Borger, Ferndale, Santa Maria, Trainer, and Wood River Refineries, and by no later than September 30,2006, for the Alliance Refinery, COPC will utilize an internal leak definition ofno greater than 500 ppm VOCs for each Refinery's valves in light liquid and/or gas/vapor service, excluding pressure relief devices.



## * * * *

235. Leak Definition for Pumps. By no later than the following dates for the following Refineries, COPC will utilize an internal leak definition ofno greater than 2000 ppm for each Refinery's pumps in light liquid and/or gas/vapor service: Bayway, LAR Carson, LAR Wilmington, Rodeo, and Sweeny Ferndale, Santa Maria, and Wood River Alliance Borger and Trainer
31 March 1,2005
June 30, 2006 September 30, 2006 June 30, 2007

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 33 of 59



## * * * *

270. Project Relating to the Trainer Refinery. By no later than June 30, 2005, COPC will donate funds in the amount ofFour-Hundred Thousand Dollars ($400,000) to the Delaware County, Pennsylvania, Local Emergency Planning Committee ("LEPC"). The LEPC will expend these funds by no later than December 31, 2007. The funds will be used to develop a local emergency notification system and may include: (i) establishing an AM or FM radio frequency for emergency broadcasts; (ii) implementing a telephone-based emergency notification system; (iii) installing a siren warning system; and (iv) developing training and educational materials to inform the public about the emergency notification system.

271. Project Relating to the Alliance Refinery. COPC will donate funds in the total amount of Four-Hundred Thousand Dollars ($400,000) to the LDEQ to support the collection and recycling or disposal ofhousehold hazardous waste materials at selected locations throughout the State of Louisiana and other LDEQ public awareness programs. COPC will donate Two-Hundred Thousand Dollars ($200,000) by no later than June 30, 2005; One-Hundred Thousand Dollars ($100,000) by no later than June 30, 2006; and One-Hundred Thousand Dollars ($100,000) by no later than June 30, 2007.



## * * * *

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272. Projects Relating to the Ferndale Refinery.
. (a) By no later than June 30, 2005, COPC will purchase a new fire truck to be located at the Ferndale Refinery at a cost ofno less than One-Hundred Fifty-Thousand Dollars ($150,000). COPC will maintain the fire truck, will train its personnel on its use, and will make it available for incidents within COPC's own facilities and also for mutual aid response for facilities and communities within the vicinity ofthe Ferndale Refinery. (b) By no later than December 31, 2005, COPC will enter into a contractual arrangement with the Building Performance Center ofthe Whatcom County Opportunity Council/Skagit County Housing Authority so as to provide for the replacement of approximately forty (40) old, fireplaces/wood· stoves with new, clean-burning fireplaces or certified wood stoves. The stoves will be provided free ofcharge to low-income households that could otherwise not afford the units. By no later than December 31, 2006, COPC will have spent One-Hundred, Twenty-Five Thousand Dollars ($125,000) on this project, and the number of wood stoves replaced will be adjusted upward or downward, as appropriate, so as to limit to $125,000 the amount that COPC will be required to spend. (c) By no later than December 31,2005, COPC will enter into a contractual arrangement with the International Council for Local Environmental Initiatives so as to provide for the development ofbaseline emissions inventories and emissions reductions targets for participating cities, towns, and counties within NWCAA's jurisdiction for the purpose of developing local action plans to save energy and reduce emissions. The project will result in an evaluation of quantifiable emission reductions and a projection of future emission reductions. By no later than December 31, 2006, COPC will have spent One-Hundred, Twenty-Five Thousand Dollars ($125,000) on this

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project, and the number ofparticipating municipalities/counties will be calculated so as to limit to $125,000 the amount that COPC will be required to spend. (d) If COPC fails to comply with the June 30, 2007 deadline in paragraph 79(a) ofthis First Amendment, then COPC shall pay an additional $500.00 per day for each day of delay to the Building Performance Center ofthe Whatcom County Opportunity Council/Skagit County Housing Authority so as to provide for the replacement of old, fireplaces/wood stoves with new, clean-burning fireplaces or certified wood stoves. Payment(s) shall be made not later thirty (30) days following the last day of any month in which the deadline(s) was/were missed.



## * * * *

279. Beginning with the first full calendar quarter after the Date of Entry ofthe Consent Decree, COPC will submit to EPA and the Applicable Co-Plaintiffs within thirty (30) days after the end of each calendar quarter through 2005, and semi-annually on January 31 and July 31 thereafter until termination ofthis Consent Decree a progress report for each ofthe Covered Refineries. Each report will contain, for the relevant Covered Refinery, the following: (a) progress report on the implementation ofthe requirements of Section V (Affirmative RelieflEnvironmental Projects) at the relevant Covered Refinery; (b) a summary ofthe emissions data and Hydrocarbon Flaring Incidents for the relevant Covered Refinery that is specifically required by the reporting requirements of Section V ofthis Consent Decree for the period covered by the report; (c) a description of any problems anticipated with respect to meeting the requirements of Section V ofthis Consent Decree at the relevant Covered Refinery;

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(d) a description of the status of all 

### SEPs/BEPs (if any) being conducted at the Covered Refinery; (e) any such additional matters as COPC believes should be brought to the attention of EPA and the Applicable Co-Plaintiff.

279A. In the semi-annual report required to be submitted on July 31 of each year for each Covered Refinery, COPC will provide a summary of annual emissions data for the prior calendar year to include: (a) NOx emissions in tons per year for each heater and boiler greater than 40 mmBTU/hr maximum fired duty; (b) NOx emission in tons per year as a sum for all heaters and boilers less than 40 mmBTU/hr maximum fired duty; (c) 

### SOz, CO and PM emissions in tons per year as a sum for all heaters and boilers; (d) NOx, 

### SOz, CO and PM emissions in tons per year for each FCCU; (e) 

### SOz emissions in tons per year from all Sulfur Recovery Plants; (f) 

### SOz emissions in tons per year from all acid gas flaring and tail gas incidents; (g) NOx, 

### SOz, PM and CO emissions in tons per year as a sum at each Covered Refinery for all other emissions units for which emissions information is required to be included in the Covered Refinery's annual emissions summaries and are not identified above; and (h) for each ofthe estimates in (a) through (d) above, the basis for the emissions estimate or calculation (i.e., stack tests, CEMS, emission factor, etc.). (i) NOx emissions in tons per year for each heater and boiler greater than 40 mmBTU/hr maximum fired duty;
To the extent that the required emissions summary data is available in other reports generated by COPC, such other reports can be attached, or the appropriate information can be extracted from such other reports and attached to the semi-annual report to satisfy the requirement. Any time during the
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life of the Decree, COPC may submit a request to EPA to terminate the requirements of this Paragraph 279A, and if EPA approves, COPC shall no longer be required to provide this additional information.
279B. In each semi-annual report for each Covered Refinery, COPC will provide a summary of all exceedances of emission limits required or established by this Consent Decree, which will include: (a) for operating units monitored with CEMS or PEMS, for each CEMS or PEMS: (i) total period where the emissions limit was exceeded, if applicable, expressed as a percentage of operating time for each calendar quarter; (ii) where the operating unit has exceeded the emissions limit more than 1% ofthe total time ofthe calendar quarter, identification of each averaging period that exceeded the limit by time and date, the actual emissions of that averaging period (in the units ofthe limit) and any identified cause for the exceedance (including startup, shutdown, maintenance or malfunction), and, if it was a malfunction, an explanation and any corrective actions taken; (iii) total downtime of the CEMS or PEMS, if applicable, expressed as a percentage of operating time for the calendar quarter; (iv) where the CEMS or PEMS downtime is greater than 5% of the total time in a calendar quarter for a unit, identify the periods of downtime by time and date, and any identified cause ofthe downtime (including maintenance or malfunction), and, if it was a malfunction, an explanation and any corrective action taken. (v) if a report filed pursuant to another applicable legal requirement contains all of the information required by this Subparagraph 279B(a) in similar or same format, the requirements ofthis Subparagraph 279B(a) may be satisfied by attaching a copy of such report. (b) for operating units monitored through stack testing: (i) a summary ofthe results ofthe stack test in which the exceedance occurred; (ii) a copy ofthe full stack test report in which the exceedance occurred; (iii) to the extent that COPC has already submitted the stack test results, COPC need not resubmit them, but may instead reference the submission in the report (e.g., date, addressee, reason for submission).

36

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 38 of 59

279C. Each semi-annual report submitted pursuant to this Section IX will be certified by either the person responsible for environmental management at the appropriate Covered Refinery or by a person responsible for overseeing implementation ofthis Decree across COPC as follows: I certify under penalty of law that this information was prepared under my direction or supervision by personnel qualified to properly gather and evaluate the information submitted. Based on my directions and after reasonable inquiry ofthe person(s) directly responsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate, and complete.



## * * * *

395. (a) Informal negotiations will cease upon either: (i) COPC's submission of a request to the United States and the Applicable Co-Plaintiff of a written summary of its/their position regarding the dispute; or (ii) the United States' and/or the Applicable Co-Plaintiffs submission to COPC of a written summary of its/their position. (b) Under the circumstances of Subparagraph 395(a)(i), if the United States and/or the Applicable Co-Plaintiffrespond to COPC's request within sixty (60) days ofreceipt, then the position advanced by the United States and/or the Applicable Co-Plaintiff, as applicable, will be considered binding unless, within sixty (60) calendar days of COPC's receipt ofthe written summary, COPC files with the Court a petition which describes the nature ofthe dispute. The United States or the Applicable Co-Plaintiff will respond to the petition within sixty (60) days of filing. Except as noted herein, in resolving a dispute between the parties under these circumstances, the position of the United States and the Applicable Co-Plaintiffwill be upheld if supported by substantial evidence in the administrative record, which may be supplemented for good cause shown. Ifthe dispute involves the establishment ofthe optimized S02 Reducing Catalyst Additive addition rate for Sweeny FCCU

37

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 39 of 59

27 pursuant to Paragraph 64(c) and/or the establishment ofthe final concentration-based S02 emissions limits and averaging times for Sweeny FCCU 27 pursuant to Paragraph 70, the position of EPA will be upheld unless it is arbitrary and capricious. (c) Under the circumstances of Subparagraph 395(a)(i), ifthe United States and/or the Applicable Co-Plaintiff do not respond to COPC's request for a written summary within sixty (60) days ofreceipt, then COPC will file with the Court a petition which describes the nature ofthe dispute within one-hundred five (105) days after submitting the initial request to the United States and the Applicable Co-Plaintiff. Applicable principles of law will govern the resolution ofthe dispute.(d) Under the circumstances of Subparagraph 395(a)(ii), the position advanced by the United States and/or the Applicable Co-Plaintiff, as applicable, will be considered binding unless, within sixty (60) calendar days of COPC's receipt ofthe written summary, COPC files with the Court
a petition which describes the nature ofthe dispute. The United States or the Applicable Co-Plaintiff will respond to the petition within sixty (60) days of filing. Except as noted herein, in resolving a dispute between the parties under these circumstances, the position ofthe United States and the Applicable Co-Plaintiff will be upheld if supported by substantial evidence in the administrative record, which may be supplemented for good cause shown. If the dispute involves the establishment ofthe optimized S02 Reducing Catalyst Additive addition rate for Sweeny FCCU 27 pursuant to Paragraph 64(c) and/or the establishment ofthe final concentration-based S02 emissions limits and averaging times for Sweeny FCCU 27 pursuant to Paragraph 70, the position of EPA will be upheld unless it is arbitrary and capricious
..



## * * * *

38

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 40 of 59

433. Notice. Unless otherwise provided herein, notifications to or communications between the Parties will be deemed submitted on the date they are postmarked and sent by U.S. Mail, postage prepaid, except for notices under Section XIV (Force Majeure) and Section XV (Retention Jurisdiction/Dispute Resolution) which will be sent either by overnight mail or by certified or registered mail, return receipt requested. Each report, study, notification or other communication of COPC will be submitted as specified in this Consent Decree, with copies to EPA Headquarters, the applicable EPA Region, and the Applicable Co-Plaintiff. Ifthe date for submission of a report, study, notification or other communication falls on a Saturday, Sunday or legal holiday, the report, study, notification or other communication will be deemed timely ifit is submitted the next business day. Except as otherwise provided herein, all reports, notifications, certifications, or other communications required or allowed under this Consent Decree to be submitted or delivered to the United States, EPA, the Co-Plaintiffs, and COPC will be addressed as follows: 

### As to the United States: Chief Environmental Enforcement Section Environment and Natural Resources Division U.S. Department ofJustice P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Reference Case No. 90-5-2-1-06722/1 

### As to EPA: Director, Air Enforcement Division Office of Civil Enforcement U.S. Environmental Protection Agency Mail Code 2242-A 1200 Pennsylvania Avenue, N.W. Washington, DC 20460-0001

39

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 41 of 59

with a hard copy to Director, Air Enforcement Division Office of Civil Enforcement c/o Matrix New World Engineering Inc. 120 Eagle Rock Ave., Suite 207 East Hanover, NJ 07936-3159 and an electronic copy to csullivan@matrixnewworld.com foley. patrick@epa.gov EPA Regions: Region 2: Chief Air Compliance Branch US EPA Region 2 Ted Weiss Federal Building 290 Broadway, 21 st Floor New York, New York 10007-1866 Region 3: Chief Air Enforcement Branch (3API2) EPA Region 

### III 1650 Arch Street Philadelphia, PA, 19103 Region 5: Air and Radiation Division U.S. EPA, Region 5 77 West Jackson Blvd. (AE-17J) Chicago, IL 60604 Attn: Compliance Tracker and Office of Regional Counsel U.S. EPA, Region 5 77 West Jackson Blvd. (C-14J) Chicago, IL 60604 Region 6:

40

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 42 of 59

Chief Air, Toxics, and Inspections Coordination Branch Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Region 9: Director Air Division Mail Code AIR-l USEPA Region 9 75 Hawthorne Street San Francisco, CA 94105 Region 10: Director, Office of Compliance and Enforcement U.S. Environmental Protection Agency, Region 10 Mail Code: OCE-164 1200 Sixth Avenue Seattle, WA 98101 As to Co-Plaintiffs: As to Co-Plaintiffthe State of Illinois Maureen Wozniak Assistant Counsel Illinois Environmental Protection Agency· 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 and Manager Compliance and Enforcement Section Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276

41

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 43 of 59

As to Co-Plaintiffthe State of Louisiana, through the Department of Environmental Quality: Peggy M. Hatch Administrator, Enforcement Division Office ofEnvironmental Compliance Louisiana Department of Environmental Quality P.O. Box 4312 Baton Rouge, Louisiana 70821-4312 As to Co-Plaintiffthe State ofNew Jersey: Administrator, Air Compliance & Enforcement New Jersey Department of Environmental Protection Post Office Box 422 401 East State Street Trenton, New Jersey 08625-0422 and Manager, Central Air Compliance & Enforcement Office New Jersey Department of Environmental Protection Horizon Center, P.O. Box 407 Robbinsville, New Jersey 08625-0407 and Deputy Attorney General, Section Chief Environmental Enforcement Division of Law P.O. Box 093 25 Market Street Trenton, New Jersey 08625-0093 As to Co-Plaintiffthe Commonwealth of Pennsylvania Regional Manager, Air Quality Pennsylvania Department ofEnvironmental Protection 2 East Main St. Norristown, PA 19401

42

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 44 of 59

As to Co-Plaintiffthe Northwest Clean Air Agency Director Northwest Clean Air Agency 1600 South Second St. Mount Vernon, WA 98273-5202
As to COPC: Cully Farhar, Program Manager ConocoPhillips Company 600 North Dairy Ashford Room TA3134 Houston, TX 77079 Telephone: (281) 293-4152 Thomas 1. Myers, HSE Manager, U.S. Refining ConocoPhillips Company 600 North Dairy Ashford Room TA3138 Houston, TX 77079 Telephone: (281) 293-4851 Managing Counsel, North American Refining, Transportation & Regulatory Legal Group Legal Department ConocoPhillips Company 600 North Dairy Ashford Houston, TX 77079 With a copy to each Applicable Refinery as shown below: As to Alliance: Refinery Manager ConocoPhillips Company Alliance Refinery P.O. Box 176 Belle Chasse, LA 70037

43

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 45 of 59

As to Bayway: Refinery Manager ConocoPhillips Company Bayway Refinery 1400 Park Avenue Linden, NJ 07036 As to Borger: Refinery Manager ConocoPhillips Company Borger Refinery P. O. Box 271 Borger TX 79008 As to Ferndale: Refinery Manager ConocoPhillips Company Ferndale Refinery PO Box 8 Ferndale, WA 98248 As to the Los Angeles Carson and/or Los Angeles Wilmington Refineries: Refinery Manager ConocoPhillips Company Los Angeles Refinery (Carson and Wilmington) 1660 W. Anaheim St. Wilmington, CA 90744 As to the Rodeo and Santa Maria Refineries: Refinery Manager ConocoPhillips Company San Francisco Refinery 1380 San Pablo Ave. Rodeo, CA 94572

44

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 46 of 59

As to the Santa Maria Refinery: Plant Manager ConocoPhillips Company Santa Maria Refinery 2555 Willow Road Arroyo Grande, CA 93420 As to the Sweeny Refinery: Refinery Manager ConocoPhillips Company Sweeny Refinery P.O. Box 866 Sweeny, TX 77480 As to the Trainer Refinery: Refinery Manager ConocoPhillips Company Trainer Refinery 410 1 Post Road Trainer, PA 19061 As to the Wood River Refinery (including Distilling West) Refinery Manager ConocoPhillips Company Wood River Refinery P.O. Box 76 Roxana, IL 62084 Any party may change either the notice recipient or the address for providing notices to it by serving all other parties with a notice setting forth such new notice recipient or address. In addition, the nature and frequency ofreports required by the Consent Decree may be modified by mutual consent of the Parties. The consent of the United States to such modification must be in the form of a written notification from EPA, but need not be filed with the Court to be effective.

45

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 47 of 59

IT IS SO ORDERED.
Dated this day of , 2007.

UNITED STATES DISTRICT JUDGE

46

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 48 of 59

Consent Decree in the matter of United States et al. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District of Texas). FOR THE UNITED STATES OF AMERICA

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division U.S. Department ofJustice Washington, D.C. 20530 

# l;'

Ch'V'-' 10 

# p;te .)00"7 

# Ll<- tt.--

# ~'8 ANNETTE M. LANG-== Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department ofJustice P.O. Box 7611 Ben Franklin Station Washington, D.C. 20044-7611 Telephone: (202) 514-4213 Facsimile: (202) 616-6584



# --::::r;,u. I\t 

## £.007 Date DONALD J. DeGABRIELLE, JR. United States Attorney Southern District of xas

INC. AIM N Assistant United States Attorney Federal Bar No. 30329 Texas Bar No. 00797884 919 Milam, Suite 1500 P.O. Box 61129 Houston, TX 77208 Telephone: (713) 567-9516 Facsimile: (713) 718-3407

47

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 49 of 59

Consent Decree in the matter of United States et al. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District of Texas).
FOR THE ENVIRONMENTAL PROTECTION AGENCY


## 1/

# It') (06 Date

# 10~ flaIYIJ. 

# iti\ WALKER B. SMITH

_ ....**_..",~'---\-\----** Director Office of Civil Enforcement Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Ave., Mail Code 2201A Washington, DC 20460

48

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 50 of 59

Consent Decree in the matter ofUnited States et at v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District ofTexas).FOR CO-PLAINTIFF THE PEOPLE OF THE STATE OF ILLINOIS
LISA M. MADIGAN Attorney General State of Illinois
MATTHEW J. DUNN, Chief Environmental Enforcement/Asbestos Litigation Division 

# /11/'1(0 6 Date BY:

BY: THOMAS DAVIS, Chief Environmental Bureau Assistant Attorney General 500 S. Second St. Springfield, 

### IL 62706 (217) 782-9031
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

# Ro&iEs~**tI{~** Chief Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, 

### IL 62794-9276 (217) 782-5544

49

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 51 of 59

Consent Decree in the matter ofUnited States et al. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District ofTexas).

PRELIMINARY APPROVAL BY CO-PLAINTIFF, THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF ENVIRONMENTAL QUALITY:

## /I--~ -1/

# h Date ROLDLEG' Assistant Secretary Office ofEnvironmental Compliance Louisiana Depart ent ofEnvironmental Quality

TED R. BR,g L Trial Attorney (La. Bar Roll #2 56) Legal Affairs Division Louisiana Department of Environmental Quality P.O. Box 4302 Baton Rouge, Louisiana 70821-4302 (225) 219-3985

50

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 52 of 59

Consent Decree in the matter of United States et at. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District ofTexas).

FOR CO-PLAINTIFF STATE OF NEW JERSEY
STUART RABNER ATTORNEY GENERAL OF NEW JERSEY
By: SCOTT B. DUBIN Deputy Attorney General New Jersey Department ofLaw and Public Safety Division ofLaw RJ Hughes Justice Complex 25 Market Street P.O. Box 093 Trenton, NJ 08625-0093 (609) 984-7141
LISA P. JACKSON COMMISSIONER NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 401 East State Street P.O. Box 402 Trenton, NJ 08625-0402

51

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 53 of 59

Consent Decree in the matter ofUnited States et at. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District ofTexas).

FOR CO-PLAINTIFF 

### COMMONWEALTH OF PENNSYLVANIA \

# ~~~' FRANCINE CARLINI Regional Manager, Air Quality Pennsylvania Department ofEnvironmental Protection 2 East Main Street Norristown, PA 19401 (484) 250-5920

52

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 54 of 59

Consent Decree in the matter ofUnited States et at. v. ConocoPhillips Company, Civil Action No. H05-0258 (Southern District ofTexas).

FOR CO-PLAINTIFF NORTHWEST CLEAN AIR AGENCY

# ~?y~ LAUGHLAN H. CLARK, WSBA # 10996 Zender Thurston P .S. 1700 D St. P.O. Box 5226 Bellingham, WA 98227 (360) 647-1500

53

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 55 of 59 • I Consent Decree in the matter ofUnited States et at. v. ConocoPhillips Company, Civil Action No. H-05-0258 (Southern District of Texas). FOR CONOCOPHILLIPS COMPANY

Date

# (7J7~**~tt.M.** ZIEMBA
• President, U.S. Refining ConocoPhillips 600 N. Dairy Ashford Houston, Texas 77079 (281) 293-1000

53

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 56 of 59

Refinery Alliance

Bayway

Borger

Ferndale
LAR Carson

LAR Wilmington APPENDIX A LIST OF FLARING DEVICES AT THE COVERED REFINERIES
Name of Flare Low Pressure Flare (coker) High Pressure Flare Marine Vapor Recovery Flare

- 406 D-15 Marine Vapor Recovery Flare

- 406 D-16 Poly Flare CLEU Flare ABW Flare Eastside Flare
East Refinery Flare West Refinery Flare ARDS Flare Cat Flare NGL Non-Corrosive Flare NGL Corrosive Flare Acid Gas Flare Derrick Flare
ZTOF
LAR Carson East LAR Carson West
LAR Wilmington North LAR Wilmington South LAR Wilmington Unicracker

A-I

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 57 of 59

Rodeo

Santa Maria Sweeny

Trainer

Wood River LPG Flare 19C-l 19C-602
Flare
Unit 7 Flare Units 11/14 Flare Units 15/17/19 Flare Expansion LP Flare Expansion HP Flare Unit 5 Flare Unit 30 Flare VDU/DCU Flare DEA Stripper Flare SW Stripper Flare Main Yard Flare Old Yard Flare Acid Gas Flare SWS Gas Flare Alkylation Flare Aromatics North Flare Aromatics South Flare Distilling West Flare North Property Ground Flare
. Lube (HCNHT) Flare Distilling Flare Benzene Loading Flare VOC Flare (and Spare)

A-2

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 58 of 59APPENDIXBCONOCOPHILLIPSALLIANCEREFINERYAllowableMaximumAnnualPhysicalHeatE(Actual)EmissionsHeatInputInputCapacity2000Utiliz.ation2000HOx2000NOx2001Utilization2001HOx2001NOx2000·2001AverageFactorCapacity(Wdifferent)RateEmissionRateEmissionsRateEmissionRateEmissionsHOxEmissionsBasismmBTUlhr mmBTUlhrFuelmmBTUlluIb/mmBTUtonslyearmmBTUlhrIb/mmBTUtonslyearEmissions(emissionfactor,stackSOURCE(HHV)(HHV)Service(HHV)(HHV)IHHV)(HHVITPYtest,orCEMsdata)1291H·213182N/ARFG115.50.256129.6122.70.256137.6133.6stacktest1391H-1342N/ARFG207.50.222201.7182.40.222177.3189.5stacktest1391H-213338N/ARFG213.40.216201.9177.50.216167.9184.9stacktest1391H-4192N/ARFG102.30.338151.491.20.338135.0143.2stacktest1791H-1129N/ARFG71.80.18758.866.90.18754.856.8stacktest1792H·1167N/ARFG80.30.22679.573.40.22672.776.1stacktest191H-11110N/ARFG862.30.240906.4631.10.240663.4784.9stacktestInductionGas67.40.14041.37.40.1404.522.9AP-42191H-2366N/ARFG252.60.160177.0227.70.160159.5168.3stacktest191H-3157N/ARFG101.20.06830.283.90.06825.027.6stacktest291H-1128N/ARFG60.60.14037.261.70.14037.837.5AP-42291H-2101N/ARFG58.50.550140.948.70.550117.4129.1AP-42293H-158N/ARFG5.90.0982.59.00.0983.83.2AP-42293H-274N/ARFG59.80.09825.653.70.09823.124.4AP-42301B-3430N/ARFG204.70.07869.9195.00.07866.668.3stacktest491H·1180N/ARFG151.70.207137.8102.30.20792.9115.4stacktest491H·2226N/ARFG146.90.192123.5128.70.192108.2115.9stacktest891H-1240N/ARFG142.00.169105.1140.20.169103.8104.4stacktest292H-244NJARFG29.70.09812.725.60.09811.011.9AP-42Total44632934.02633.22429.12162.52397.8

### Case 4:05-cv-00258 Document 33-2 Filed 01/11/2007 Page 59 of 59APPENDIXBCONOCOPHILLIPSBAYWAYREFINERYAllowableMaximumAnnualPhysicalHeatE(Actual)EmissionsInputCapacity2000Utilization2000NOx2000HOx2001Utilization2001NOlt2001NO.AvenlgeFactorCapacity(tIdilf.....I)Ral.EmissionRateEmissionsRat.EmissionRateEmissionsNo.EmissionsBasismmBTUlhrmmBTUlhrFuelmmBTlJlhrIbJmmBTlJtonslyearmmBTUlhrIbJmmBTlJtonslyearEmissions(emissionfactor,stackSOURCE(HHV)(HHV)Service(HHV)(HHV)(HHV)(HHV)TPYtest,orCEMsdata)APSF·701500N/ARFG/oil387.30.261443.0367.20.237381.091.4"CEMAPSF.702500N/ARFG434.10.058110.0439.90.056108.0109.0CEMVPSF·751240N/ARFG/oil148.70.405264.0150.30.299197.051.1"CEMSDAF-601130N/ARFG103.50.02913.1105.70.03918.115.6AnnualPortableAnalyzerTestPFF·l0l74N/ARFG63.00.05013.854.00.07417.515.6AnnualPortableAnalyzerTestPFF·l02167N/ARFG148.00.03925.3132.00.04324.925.1AnnualPortableAnalyzerTestPFF·l0390N/ARFG72.00.03912.363.00.04813.212.8AnnualPortableAnalyzerTestPFF·l04108N/ARFG86.00.03513.272.00.04313.613.4AnnualPortableAnalyzerTestPFF·l0583N/ARFG59.00.0287.252.00.04610.58.9AnnualPortableAnalyzerTestPFF·l0686N/ARFG27.00.10011.823.00.15015.113.5AnnualPortableAnalyzerTestPFF·l08114N/ARFG89.00.02610.176.00.0299.79.9AnnualPortableAnalyzerTestFCCF·251249N/ARFG133.00.05532.0141.00.04930.331.2AnnualPortableAnalyzerTestDSUlF·l0l51N/ARFG32.00.0385.345.00.0356.96.1AnnualPortabteAnalyzerTestDSUlF·l0254N/ARFG28.00.0394.828.00.0455.55.2AnnualPortableAnalyzerTestDSU2F-401139N/ARFG52.00.0214.895.00.02510.47.6AnnualPortableAnalyzerTestCNHF-60160N/ARFG9.00.0100.410.00.0100.40.4AnnualPortableAnalyzerTestTolal26251871.6971.21854.1862.0274.1(')•F·701&751E(Actual)NOxemissionsarereducedbyatotalof500tonsinthischarttoaccountfortheseparateSCRinstallationrequirementIn2010.