CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA and

STATE OF LOUISIANA,

Plaintiffs,

v.

MOSAIC FERTILIZER, LLC,

Defendant.

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Civil Action No. 09-6662

Section: "D"

Magistrate: (2)

CONSENT DECREE
CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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TABLE OF CONTENTS

I. JURISDICTION AND VENUE 3

II. APPLICABILITY " 4

III. DEFINITIONS 5

IV. COMPLIANCE SCHEDULE AND REQUIREMENTS 10

V. ENVIRONMENTAL MITIGATION PROJECTS....•.......•........•...........•........19

'fl. J»IG~IT~ ~O

VII. REPORTING REQUIREMENTS ........................................•............•............•..•.•......... 24

VIII. CIVIL PENALTY.........................•.....•.........•.............•..................•.....................•.......... 2:7

IX. STIPULATED. PENALTIES •.•...................••.....•...•....•..........•.........•....•........................ 27

X. FORCE MAJEURE.....................•..........................•....................••.. •..•.........-.......•......... 37

XI. DISPUTE ·RESOLUTION..................•............•....•.•...............•.••.......•........•..•......•....•..... 41

XII. INFO~ATION COLLECTION AND RETENTION 43

XIII. EFFECT OF SETTLEMENTIRESERVATION OF RIGHTS 45

XIV. COSTS ....................................................•.....•......•.........•...•...........•...•.....•...••.•.........•...... 46

XV. NOTICES.....................•................................•••....•..•...........•............................•....•.......... 47

XVI. EFFECTIVE DATE..............•......•..............................................•................................... 48

XVlI. RETENTION OF JURISDICTION......•.........•.......•.....••••.......•••...•..............•............... 48

XVIII. MODIFICATION 49

XIX.

xx.

XXI.

TE~INATION...........•............................................•....•....•.......................................... 49

PUBLIC PARTICIPATION..................•.....•........•.........•..............•.............•..•........•..... 50

SIGNATORIES/SERVICE........................•.••.......•..............................•....................... 51'

XXII. INTEGRA.TI0 N........................•........•............................................................................ 51

xx.III. FINAL JUDGMENT ........................................................................•............................. 51
CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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WHEREAS, Plaintiff United States of America, on behalf ofthe United States

Environmental Protection Agency and the State of Louisiana, on behalf ofthe people ofthe State

of Louisiana and the Louisiana Department of Environmental Quality ("LDEQ"), have filed a

complaint concurrently with thisConsent Decree, alleging that Defendant Mosaic Fertilizer,

LLC ("Mosaic" or "Defendant"), violated Sections 111 and 165,42 U.S.C. §§; 7411 and 7475, of

the Clean Air Act ("CAA" or "Act"), 42 U.S.C. § 7401 et seq.;

WHEREAS, the Complaint against Mosaic alleges that Mosaic constructed,

reconstructed or modified the A Train and the D Train Sulfuric Acid Plants at a facility owned

and operated by Mosaic in Uncle Sam, Louisiana ("Uncle Sam Facility") without obtaining

required permits, installing required control technology, meeting emission limits, and complying

with requirements for monitoring, record-keeping and reporting, as specified in the Act;

WHEREAS, Mosaic has agreed to reduce sulfur dioxide ("SOz") emissions from the A

Train and the D Train Sulfuric Acid Plants to levels no greater than emission levels at least

equivalent to those that would result from the use ofBest Available Control Technology

("BACT"), as defined at 40 C.F.R. § 52.21 (b)( 12);

WHEREAS, Mosaic currently plans to install an Amine Based Regenerative Gas

Absorption System on the A Train and improve the existing dual absorption system on the D

Train to meet the emission limitations required by this Consent Decree. Regardless ofthe

control technology Mosaic uses, Mosaic must meet the limits included in this Consent Decree;

WHEREAS, Mosaic has decided, for independent business reasons, to cease operation of

the Mulberry Sulfuric Acid Plant and shall, within six (6) months ofthe Effective Date ofthis

Consent Decre~, permanently terminate operation ofthe Mulberry Sulfuric Acid Plant;

WHEREAS, the Parties anticipate that after full implementation, compliance with the

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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emission limitations required by this Consent Decree will result in a reduction in emissions of at

least 7,612 tons of S02 and 4.5 tons ofsulfuric acid mist annually;

WHEREAS, Mosaic does not admit any liability arising out ofthe acts or omissions

alleged in the Complaint and this Consent Decree resolves all allegations stated in the United

States' and State Plaintiffs Complaint. Nothing in the Complaint or this Consent Decree, nor

the execution and implementation ofthis Consent Decree, shall be treated as an admission or

evidence of any violation ofthe Act and implementing regulations cited herein in any litigation

or forum whatsoever, provided that the terms ofthis Consent Decree may be used in any action

or dispute resolution proceeding to enforce the terms ofthis Consent Decree;

WHEREAS, Mosaic has worked cooperatively with the United States and the State

Plaintiffto structure a comprehensive program that will result in significant reductions of S02

emissions annually from its operation in Louisiana; and

WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds,

that this Consent Decree has been negotiated by the Parties in good faith, will avoid litigation

among the Parties and that this Consent Decree is fair, reasonable, and in the public interest;

NOW, THEREFORE, before the taking of any testimony, without the adjudication or

admission of any issue of fact or law except as provided in Sections I and II below, and with the

consent ofthe Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over the subj ect matter ofthis action, pursuant to 28

U.S.c. §§ 1331, 1345, and 1355, and Section 113(b) ofthe Act, 42 U.S.C. § 7413(b), and over

the Parties. Venue lies in this District pursuant to Section 113(b) ofthe Act, 42 U.S.C. §

7413(b), and 28 U.S.C. §§ 1391(b) and (c) and 1395(a), because some ofthe violations alleged

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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in the Complaint are alleged to have occurred in, and Defendant conducts business in, this

judicial district. Solely for purposes ofthis Consent Decree and any action to enforce this

Consent Decree, Defendant consents to this Court's jurisdiction over the Defendant and any

action to enforce this Consent Decree, and to venue in this judicial district. Except as expressly

provided for herein, this Consent Decree shall not create any rights in or obligations of any Party

other than the Plaintiffs and Defendant.

2. For purposes ofthis Consent Decree, Defendant agrees that the Complaint states

claims upon which relief may be granted pursuant to Sections 111 and 165 ofthe Act, 42 U.S.C.

§§ 7411, 7475 and/or pursuant to state law.

3. Notice ofthe commencement ofthis action has been given to the State of Louisiana,

as required by Section 113 ofthe Act, 42 U.S.c. § 7413.

II. APPLICABILITY

4. The obligations ofthis Consent Decree apply to and are binding upon the United

States and the State Plaintiff, and upon Defendant and its successors, assigns, or other entities or

persons otherwise bound by law.

5. At least 30 days prior to any transfer of ownership or operation ofthe Uncle Sam

Facility or any Sulfuric Acid Plant at the Uncle Sam Facility to an entity unrelated to Defendant,

Defendant shall provide a copy ofthis Consent Decree to the proposed transferee and shall

simultaneously provide written notice ofthe prospective transfer to the United States and to the

State Plaintiff, in accordance with Section XV ofthis Decree (Notices). The time period set out

in this Paragraph may be shortened by agreement ofthe Parties. Any transfer of ownership or

operation ofthe Uncle Sam Facility, or any portion thereof, without complying with the

foregoing notice requirements constitutes a violation ofthis Consent Decree. No such transfer,

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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whether in compliance with the notice requirements ofthis Paragraph or otherwise, shall relieve

Defendant ofits obligations under this Consent Decree, unless:

a. the transferee agrees in writing to undertake the obligations required by this

Consent Decree with respect to the Uncle Sam Facility, and to intervene as a Defendant in this

action for the purpose of being bound by the applicable terms ofthis Consent Decree;

b. the transferee provides the United States and the State Plaintiff with

information sufficient to demonstrate that the transferee has the technical and financial means to

comply with the applicable obligations ofthis Consent Decree; and

c. The United States consents in writing to substitute the transferee for

Defendant with respect to such obligations.

6. In any action to enforce this Consent Decree, Defendant shall not raise as a defense

the failure by any ofits officers, directors, employees, agents, or contractors to take any actions

necessary to comply with the provisions ofthis Consent Decree.

III. DEFINITIONS

7. Terms used in this Consent Decree that are defined in the Act or in federal and state

regulations promulgated pursuant to the Act shall have the meanings assigned to them in the Act

or such regulations, unless otherwise provided in this Decree. Whenever the terms set forth

below are·used in this Consent Decree, the following definitions shall apply:

a. "100% Sulfuric Acid Produced" shall mean the stoichiometric quantity of

sulfuric acid that would be produced at a Sulfuric Acid Plant if all sulfur trioxide (S03) exiting

the converter were used to produce sulfuric acid monohydrate. For purposes ofthis definition,

scrubber byproduct (if any) shall be considered to be included in "100% Sulfuric Acid

Produced".

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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b. "A Train" shall mean the Sulfuric Acid Plant at the Uncle Sam Facility with

LDEQ Identification ("J.D.") Number EQT 67.

c. "Acid mist" shall mean the pollutant sulfuric acid mist as measured by

Method 8 of 40 C.F.R. Part 60 Appendix A consistent with 40 C.F.R. § 60.8l(b).

d. "Amine Based Regenerative Gas Absorption System" shall.mean an S02

pollution control technology that utilizes a regenerative aqueous amine solution to absorb S02

from Sulfuric Acid Plant tail gas, steam strips S02 from the amine solution, and produces a

concentrated S02 stream that is fed into the Sulfuric Acid Plant converter.

e. "CEMS" or "Continuous Emission Monitoring System" shall mean the total

equipment, required under the CEMS Plan attached as Appendices Band C to this Consent

Decree used to sample and condition (if applicable), to analyze, and to provide a permanent

record of emissions or process parameters.

f. "CEMS Plan" shall mean one ofthe CEMS Plans for the A Train and D Train

that are attached in Appendices Band C, respectively.

g. "Complaint" shall mean the Complaint filed by the United States and the State

Plaintiff in this action.

h. "Consent Decree" or "Decree" shall mean this Consent Decree and all

appendices attached hereto, but in the event of any conflict between the text ofthis Consent

Decree and any appendix, the text ofthis Consent Decree shall control.

1. "D Train" shall mean the Sulfuric Acid Plant at the Uncle Sam Facility

designated by LDEQ J.D. Number EQT 74.

J. "Day" shall mean a calendar day unless expressly stated otherwise.

k. "Defendant" shall mean Mosaic Fertilizer, LLC.

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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1. "E Train" shall mean the Sulfuric Acid Plant at the Uncle Sam Facility

designated by LDEQ J.D. Number EQT 76.

m. "Effective Date" shall have the meaning given in Paragraph 86.

n. "LDEQ" shall mean the Louisiana Department of Environmental Quality.

o. "Long-Term Limit" shall mean a 365-day rolling average sulfur dioxide

emission limit expressed as pounds ofsulfur dioxide emitted per ton ("lb/ton") of 100% Sulfuric

Acid Produced. Compliance with the Long-Term Limit shall be determined each day in

accordance with the CEMS Plan for the D Train attached to this Consent Decree as AppendixC.

The Long-Term Limit applies at all times, including during periods of Startup, Shutdown and

Malfunction.

p. "Malfunction" shall mean, consistent with 40 C.F.R. § 60.2, any sudden,

infrequent, and not reasonably preventable failure of air pollution control equipment, process

equipment, or aprocess to operate in a normal or usual manner, but shall not include failures that

are caused in part by poor maintenance or careless operation.

q. "Mass Cap" shall mean the maximum amount of S02 emissions for each

Sulfuric Acid Plant expressed in tons of S02 emitted during each 12-month period consisting of

the most recently concluded month and the eleven months immediately preceding it. In

determining compliance with the Mass Cap in accordance with the CEMS Plan for A Train and

D Train, all S02 emissions from a Sulfuric Acid Plant, including Startup, Shutdown and

Malfunction shall be counted.

r. "Month" shall mean calendar month.

s. "Mulberry Sulfuric Acid Plant" shall mean the Sulfuric Acid Plant located at

3200 Highway 60 West, Bartow, FL 33830 designated in Mosaic's Bartow Facility Title V

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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Operating Permit as Emission Unit 054.

t. "NSR" shall mean a program for new source review under the Act.

Specifically, "non-attainment NSR" and "major NSR" as used herein refer to the non-attainment

area new source review program within the meaning of Part D of Subchapter I ofthe Act, 42

U.S.C. §§ 7501-7515; "minor NSR" as used herein refers to any state, regional or local statutes,

ordinances or regulations calling for review and approval of non-major new and modified

sources of air pollution.

u. "NSPS" shall mean the standards of performance for new stationary sources

codified at 40 C.F.R. Part 60. General NSPS requirements are codified at 40 C.F.R. Part 60,

Subpart A. NSPS requirements specifically for Sulfuric Acid Plants are codified at 40 C.F.R.

Part 60, Subpart H.

v. "O&M Plan" shall mean the operations and maintenance plan for the A Train

and D Train that is attached in Appendix A.

w. "Operating Period" shall mean periods in which elemental sulfur is being fed

to the furnace and periods of Shutdown.

x. "Paragraph" shall mean a portion ofthis Consent Decree identified by an

Arabic numeral.

y. "PSD" shall mean the attainment area new source review program (prevention

ofsignificant deterioration) within the meaning of Part C of Subchapter I ofthe Act, 42 U.S.C.

§§ 7470-7492.

z. "Parties" or "Party" shall mean the United States, the State of Louisiana and

Mosaic or anyone ofthem.

aa. "ppm" shall mean parts per million by volume, dry basis.

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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bb. "Section" shall mean a portion ofthis Consent Decree identified by an upper

case roman numeral.

cc. "Short-Term Limit" shall mean a 3-hour rolling average S02 emission limit

expressed as pounds of S02 emitted per ton of 100% Sulfuric Acid Produced. Compliance with

the Short-Term Limit shall be calculated in accordance with the CEMS Plans attached to this

Consent Decree as Appendices Band C. The Short-Term Limit does not apply during periods of

Startup, Shutdown, or Malfunction.

dd. "Shutdown"shall mean the cessation of operation of a Sulfuric Acid Plant for

any reason. Shutdown begins at the time the feed of elemental sulfur to the furnace ceases and

ends 3 hours later or when the blower is turned off, whichever is earlier.

ee. "S02" shall mean the pollutant sulfur dioxide.

ff. "Startup" shall mean, with respect to either Sulfuric Acid Plant, the period of

time, beginning when the feed of elemental sulfur to the furnace commences and lasting for no

more than 4 hours.

gg. "State Plaintiff' or "State" shall mean the State of Louisiana.

hh. "Subparagraph" shall mean a portion of a Paragraph ofthis Consent Decree

identified by a lower case Roman letter.

11. "Sulfuric Acid Plant" or "Plant" shall mean a process unit engaged in the

production ofsulfuric acid and related products using the contact process at Mosaic's Uncle Sam

Facility.

JJ. "Title V Permit" shall mean a permit required by or issued pursuant to the

requirements of 42 U.S.C. §§ 7661 - 766lf.

kk. "Ton" or "Tons" shall mean short ton or short tons.

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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11. "Uncle Sam Facility" shall mean Mosaic's Facility located at 7250 Highway

44, Uncle Sam, St. James Parish, Louisiana 70792.

mm. "United States" shall mean the United States ofAmerica, acting on behalf of

U.S. EPA.

nn. "U.S. EPA" shall mean the United States Environmental Protection Agency

and any of its successor departments or agencies.

IV. COMPLIANCE SCHEDULE AND REQUIREMENTS

8. A Train: Mosaic shall equip the A Train with an emissions control technology

designed to comply with an S02 Short-Term Limit of 1.0 lb/ton. The A Train shall comply with

the following S02 emission limits and schedules:

a. No later than June 1,2011, the A Train shall meet an S02 Short-Term Limit

of 1.5 lb/ton.

b. No later than June 1,2011, during any Startup, the A Train shall meet an S02

limit of 500 ppm averaged over the 4-hour Startup period.

c. No later than June 1,2011, the A Train shall be subject to a Mass Cap of 603

tons of S02. Defendant shall demonstrate compliance with this Mass Cap as of May 31, 2012

(for the 12-month period ofJune 2011 through May 2012) and thereafter as ofthe last Day of

each month for the immediately preceding consecutive 12-month period, in the manner specified

in the CEMS Plan for the A Train.

d. Mosaic shall have a demonstration period from June 1, 2011 ending no later

than January 31, 2013 under which it will operate the A Train and demonstrate the capabilities of

the emission control technologies installed in accordance with this Paragraph. Mosaic shall

provide updated information regarding the status ofthe demonstration period in its semi-annual

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22,2010)

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reports submitted pursuant to Subparagraph 25.b.

e. No later than May 1,2013, the A Train shall meet an S02 Short-Term Limit

of 1.0 lb/ton except as otherwise specified in Subparagraph 8.g.

f. No later than May 1, 2013, the A Train shall be subject to a Mass Cap of 402

tons of S02 except as otherwise specified in Subparagraph 8.g. Defendant shall demonstrate

compliance with this Mass Cap on April 30, 2014 (for the 12-month period of May 1,2013

through April 30, 2014); and thereafter as ofthe last Day of each month for the immediately

preceding consecutive 12-month period. In the interim period of May 2013 to March 2014, the

A Train shall comply with the monthly Mass Caps specified in Appendix D.

g. If Mosaic elects to comply with this Paragraph 8 by installing an Amine

Based Regenerative Gas Absorption System on the A Train and, through the demonstration

period specified in Subparagraph d above, Mosaic determines that it is technically infeasible,

using the Amine Based Regenerative Gas Absorption System, to meet the Short-Term Limit of

1.0 lb/ton in Subparagraph 8.e above, Mosaic may propose to U.S. EPA and LDEQ less stringent

emission limits. Mosaic's proposal for less stringent emission limits must be submitted no later

than March 31, 2013; otherwise, Subparagraphs 8.e and 8.f will remain in full force and effect.

If Mosaic elects to invoke this Subparagraph, Mosaic will propose a Short-Term Limit, and U.S.

EPA in consultation with LDEQ will evaluate the proposal and either approve Mosaic's proposal

or establish a Short-Term limit in the following manner:

1. Mosaic shall propose a Short-Term Limit that reflects the lowest

feasible emission rate from the A Train using the Amine Based Regenerative Gas Absorption

System in accordance with the manufacturer's specification and recommendation for operation,

but is in no event greater than 1.5 lb/ton. Mosaic will also propose a Mass Cap that is less

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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stringent than the Mass Cap in Subparagraph f above by the same proportion as the proposed

Short-Term Limit is less stringent than 1.0 Ib/ton and will propose proportional adjustments to

the interim Mass Caps in Appendix D (e.g., if Mosaic proposes a Short-Term Limit of20%

greater than 1.0 Ib/ton, which equals 1.2 Ib/ton, it will propose a new Mass Cap of no more than

20% greater than 402 tons, which equals a 485 ton Mass Cap).

11. Mosaic's proposal shall include a written technically infeasible

demonstration report that discusses the results ofthe demonstration period. In the technically

infeasible demonstration report, Mosaic shall present its evidence that it is technically infeasible,

using the Amine Based Regenerative Gas Absorption System in accordance with the

manufacturer's specifications and recommendations for operation, to meet a Short-Term Limit of

1.0Ib/ton. In the technically infeasible demonstration report, Mosaic shall include:

A) a detailed description, in engineering terms, why a Short-Term

Limit of 1.0 Ib/ton is technically infeasible on the A Train and why the proposed less stringent

emission limit is the lowest feasible emission rate;

B) a detailed description ofthe relevant events leading up to

Mosaic's determination that a Short-Term Limit of 1.0 Ib/ton is technically infeasible and that

the proposed less stringent emission limit is the lowest feasible emission rate, along with all

related correspondence with technology vendors, contractors, or consultants along with any

supporting documentation;

C) a description of all efforts taken by Mosaic or its technology

vendors, contractors, or consultants to achieve compliance with a Short-Term Limit of 1.0 Ib/ton;

D) a description of all potential remedies considered by Mosaic

and/or its technology vendors, contractors, or consultants to bring the A Train into compliance

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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with a Short-Term Limit of 1.0 lb/ton;

E) all CEMS data from the demonstration period; and

F) justifications for the proposed alternative limit, including why

it is the most stringent technically feasible limit.

111. After an opportunity to review Mosaic's request for a less stringent

Short-Term Limit and corresponding Mass Cap, U.S. EPA, after consultation with LDEQ, may

request, in writing within thirty (30) days ofreceiving Mosaic's request, any other information.

U.S. EPA deems necessary in order to evaluate Mosaic's request for less stringent emission

limits. If U.S. EPA requests additional information, Mosaic will provide such information

within thirty (30) days or such other period as agreed upon by the Parties. Within sixty (60) days

ofthe later of (a) receiving Mosaic's request, or (b) receiving from Mosaic the additional

information U.S. EPA requested (if any) after receipt of Mosaic's request, or such other period as

agreed upon by the Parties, U.S. EPA, after consultation with LDEQ, shall approve or

disapprove the proposed Short-Term Limit and corresponding Mass Cap in writing. If U.S. EPA

disapproves Mosaic's proposed Short-Term Limit and corresponding Mass Cap, U.S. EPA will

provide written notice to Mosaic in accordance with Section XV establishing the Short-Term

Limit and corresponding Mass Cap, but in no event will U.S. EPA require a Short-Term Limit

below 1.0 lb/ton or a Mass Cap below 402 tons. U.S . EPA will also establish a proportional

Mass Cap and interim Mass Caps, as described in Subparagraph 8.g.i. U.S. EPA will base its

decision to approve or disapprove any Short-Term Limit and corresponding Mass Cap proposed

by Mosaic or to establish any Short-Term Limit less stringent than 1.0 lb/ton and corresponding

Mass Cap less stringent than 402 tons on whether more stringent emission limits are technically

infeasible using the Amine Based Regenerative Gas Absorption System based on the criteria

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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specified in Mosaic's proposal under Subparagraph 8.g.i. consistent with production levels

allowable under this Consent Decree.

IV. Mosaic shall comply with its proposed limits upon submission ofits

technically infeasible demonstration report and until it is required to comply with the emission

limits established by U.S. EPA pursuant to Subparagraph 8.g.

v. Within thirty (30) days ofreceipt ofthe written notice specified under

Subparagraph 8.g.iii, the A Train shall be subject to the EPA-approved or established emission

limits. If Mosaic disagrees with U.S. EPA's established Short-Term Limit, it shall invoke

dispute resolution, pursuant to Section XI, within the same thirty (30) day period or such other

p~riod as agreed upon by the Parties.

9. D Train: Beginning no later than October 1,2011, the D Train Sulfuric Acid Plant

shall meet the following S02 emission limits, as follows:

a. a Long-Term Limit of 2.2 Ib/ton. Mosaic shall commence monitoring its S02

emissions from D Train as of October 1, 2011, in accordance with the CEMS Plan for the D

Train, but shall have until October 1,2012, to demonstrate compliance with this Long-Term

Limit (for the 12-month period of October 1,2011 through September 30, 2012);

b. a Mass Cap of 884 tons. Mosaic shall demonstrate compliance with this Mass

Cap as of September 30 October 1, 2012 (for the 12-month period of October-l-; 2011 through

September~ 2012); and thereafter as ofthe fifs.tlast Day of each month for the immediately

preceding consecutive 12-month period, in the manner specified in the CEMS Plan for the D

Train; and

c. a Short-Term Limit of3.5 Ib/ton.

10. Acid Mist Emission Limits: The A Train shall comply and the D Train shall continue

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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to comply with the NSPS, Subpart H sulfuric acid mist emission limitation of 0.15 lb/ton of

100% Sulfuric Acid Produced, as set forth at 40 C.F.R. § 60.83, no later than the Date of Entry.

Compliance with this limit is to be demonstrated using the performance test required by 40

C.F.R. Part 60, Subpart H.

11. NSPS Applicability: No later than June 1, 2011, A Train shall be considered to be an

affected facility for purposes ofthe NSPS, 40 C.F.R. Part 60, Subpart H. D Train shall continue

to be considered an affected facility for purposes ofthe NSPS, 40 C.F.R. Part 60, Subpart H.

Upon NSPS applicability, each Sulfuric Acid Plant shall comply with all applicable requirements

for affected facilities under the NSPS 40 C.F.R. Part 60, Subparts A and H, or with the

requirements ofthis Consent Decree (if more stringent). Satisfactory compliance with notice and

compliance demonstration obligations set forth in this Consent Decree shall be deemed to satisfy

all applicable initial notification and compliance demonstration requirements ofNSPS Subparts

AandH.

12. Best Practices: At all times after the Effective Date ofthis Consent Decree, including

periods of Startup, Shutdown, and Malfunction, Defendant shall to the extent practicable

maintain and operate each ofits Sulfuric Acid Plants, including associated air pollution control

equipment, in a manner consistent with good air pollution control practices for minimizing

emissions, consistent with 40 C.F.R. § 60.11(d).

13. 0 & M Plans: Mosaic shall implement the O&M Plan for A Train no later than June

1, 2011 and for the D Train no later than October 1, 2011. The O&M Plans describe the

operating and maintenance procedures necessary to: (i) minimize the frequency of Sulfuric Acid

Plant Shutdowns (thereby reducing the number of Startups of each Sulfuric Acid Plant); and (ii)

to the extent practicable, maintain and operate each ofits Sulfuric Acid Plants, including

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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associated air pollution control equipment, in a manner consistent with good air pollution control

practices for minimizing the quantity of emissions of all pollutants subject to emission standards

as ofthe Effective Date ofthis Consent Decree at all times, including during periods of Start-up,

Shutdown, and Malfunction. No less frequently than once every three years, Mosaic shall

review, and update as necessary, the O&M Plan for these Sulfuric Acid Plants. and submit the

updated plan to U.S. EPA and LDEQ. Upon submission of each O&M Plan, Mosaic shall

immediately implement the O&M Plan. U.S. EPA and/or the LDEQ may provide comments

and/or recommendations with respect to each O&M Plan.

14. Emissions Monitoring:

a. Installation, Certification, and Calibration: By no later than the following

. dates, Mosaic shall implement the CEMS Plan specified in subparagraph c below:

1. A Train: June 1, 2011

11. D Train: October 1,2011

b. CEMS Operation: After the dates set forth above, Mosaic shall maintain and

operate the CEMS. Except during CEMS breakdowns, repairs, calibration checks, and zero span

adjustments, the CEMS shall be in continuous operation and shall be used at each ofthe Sulfuric

Acid Plants to demonstrate compliance with the S02 emission limits established in Paragraphs 8

and 9 ofthis Consent Decree.

c. S02 CEMS Plan: CEMS Plans that describe how Mosaic shall monitor

compliance with the S02 emission limits established in Paragraphs 8 and 9 ofthis Consent

Decree, including the methodology that they shall use to demonstrate compliance in the event of

CEMS downtime lasting longer than 24 hours, are attached in Appendices Band C for the A

Train and the D Train, respectively. Mosaic shall implement the CEMS Plans at the A and D

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Trains. The monitoring methods specified in these CEMS Plans are deemed approved as

appropriate alternative monitoring methods for purposes ofNSPS, pursuant to 40 C.F.R.

§ 60.13(i).

d. CEMS Breakdown: Mosaic shall take reasonable steps to avoid CEMS

breakdowns and minimize CEMS downtime. This shall include, but is not limited to, operating

and maintaining the CEMS in accordance with best practices and maintaining an on-site

inventory ofspare parts or other supplies necessary to make rapid repairs to the equipment.

15. Performance Testing:

a. Dates. Mosaic shall conduct the performance tests required in this Paragraph

15 by no later than the following dates:

1. A Train: June 1, 2011

11. D Train: September 30, 2011

111. E Train: December 31, 2010 and December 31, 2012

b. Acid Mist. Mosaic, shall conduct a performance test measuring the emission

rate of acid mist in accordance with the applicable requirements of40 C.F.R. Part 60, Appendix

A, Reference Method 8, or an alternative method approved by U.S. EPA. These performance

tests shall be used to demonstrate compliance with the acid mist emission limit established in

Paragraph 10 and may serve as the NSPS performance test required under 40 C.F.R. § 60.8.

Mosaic shall take all steps necessary to assure accurate measurements of 100% Sulfuric Acid

Produced during each test run.

c. S02 Emission Limits. Mosaic, shall conduct a performance test measuring the

emission rate of S02 in accordance with the applicable requirements of 40 C.F.R. Part 60,

Appendix A, Reference Method 8, and Part 60, Appendix B, Performance Specification 2, or an

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alternative method approved by U.S. EPA. If applicable, this test mayalso serve as the NSPS

performance test required under 40 C.F.R. § 60.8. Mosaic shall take all steps necessary to assure

accurate measurements of 100% sulfuric acid production during each test run.

d. Advance Notification. By no later than 30 days before any performance test

required by this Paragraph 15 is conducted, or such other period agreed upon by the Parties,

Mosaic shall provide notice ofits intent to conduct such test to U.S. EPA and the LDEQ, using

the procedures specified in Section XV (Notices). This notification must include the scheduled

date ofthe test, an emissions test protocol, a description ofthe planned operating rate and

operating conditions, and the procedures·that will be used to measure 100% Sulfuric Acid

Produced. IfU.S. EPA or LDEQ requires any adjustment ofthe testing protocol or operating

conditions, Mosaic shall make such adjustments and conduct the performance test in conformity

with U.S. EPA's and/or LDEQ's requirements.

e. Report ofResults. By no later than 60 Days after conducting a performance

test required under this Paragraph 15, or such other period as agreed upon by the Parties, Mosaic

shall submit to U.S. EPA and to LDEQ, pursuant to the requirements of Section XV (Notices), a

report documenting the results ofthe performance tests.

16. Cessation of Operation:

a. Upon the cessation of operation ofthe A or D Train, Defendant shall

surrender all air pollution permits for the A or D Train to the permitting authority. Defendant

shall not file any application for emission reduction credits as a result ofsuch cessation of

operation. Defendant shall not use any emission reductions resulting from such cessation of

operation in any netting calculation. Defendant shall not sell any emission credits obtained as a

result of emission reductions and resulting from such cessation of operation.

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b. Provided that Defendant has complied with the requirements of Subparagraph

a above, then upon the cessation of operation of A or D Train, that Sulfuric Acid Plant shall

cease to be subject to the provisions ofthis Consent Decree applicable to the Sulfuric Acid Plant

from which the operations are ceased, except for the obligation to pay any stipulated penalties

and civil penalty, ifnot previously paid, that may be due pursuant to Sections VIII or IX with

respect to that Sulfuric Acid Plant and the recordkeeping requirement in Paragraph 74.

V. ENVIRONMENTAL MITIGATION

PROJECTS/ADDITIONAL INJUNCTIVE RELIEF

17. Mosaic shall implement the environmental mitigation projects ("Projects") and

additional injunctive relief described in this Section. By entering into this Consent Decree,

Mosaic certifies that it is not, to its knowledge, otherwise required by law to perform the Projects

described in this Section, and that Mosaic will not use any Project or portion thereof, to satisfy

any obligations that it may have under other applicable requirements oflaw.

a. E Train. Mosaic shall take the following measures to reduce and demonstrate

reductions in emissions at the E Train.

1. By no later than December 30, 2010, Mosaic shall install cesium

promoted catalyst in the fourth bed ofthe E Train converter. Mosaic shall select catalyst trade

named "SCX 2000" manufactured by MECS, Inc., "VK 69" manufactured by Haldor Topsoe, or

equivalent catalyst approved by U.S. EPA in writing no later than June 30, 2010.

11. By no later than June 30, 2012, Mosaic shall evaluate the performance

ofthe E Train converter and heat exchangers and make any improvements it deems necessary to

reduce emissions, improve conversion, or otherwise improve performance ofthe E Train to

comply with the Mass Cap specified in this paragraph. Such steps may include, but are not

limited to, replacing heat exchangers and/or catalyst.

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111. By no later than July 1,2012, the E Train shall be subject toa Mass

Cap of 1,832 tons per year of S02. Mosaic shall demonstrate compliance with this annual Mass

Cap as ofJune 30J.Wy--l-, 2013 (for the 12-month period ofJuly-l-;- 2012 through June~ 2013)

and thereafter as ofthe fustlast Day of each month for the immediately preceding consecutive

12-month period.

IV. Mosaic shall conduct performance tests ofthe E Train by the dates and

in the manner specified in Paragraph 15 ofthis Consent Decree.

b. Mulberry Sulfuric Acid Plant. Mosaic has ceased acid production at, and shall

within six (6) months ofthe Effective Date ofthis Consent Decree, permanently terminate the

acid production at the Mulberry Sulfuric Acid Plant and submit an application to the permitting .

authority to specify that the Mulberry Sulfuric Acid Plant is permanently shut down. Emission

reductions generated by shutting down the Mulberry Sulfuric Acid Plant shall not be considered

as creditable contemporaneous emissions decreases for the purpose of obtaining netting credits

under the CAA's NSR and PSD programs. In the event of any future resumption of acid

production at the Mulberry Sulfuric Acid Plant, that emissions unit will be considered to have

zero emissions of all regulated pollutants under NSR or PSD as its baseline actual emissions for

.purposes ofNSR or PSD permitting.

VI. PERMITS

18. Defendant shall obtain all required federal,state, or local permits necessary for

per~orming any compliance obligation under this Consent Decree, including without limitation

permits for construction of pollution control technology and the installation of equipment.

Defendant may seek relief under the provisions of Section X (Force Majeure) ofthis Consent

Decree for any delay in the performance of any such obligation resulting from a failure to obtain,

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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or a delay in obtaining, any permit or approval required to fulfill such obligation if Defendant

has submitted timely and administratively complete applications and has taken all other actions

necessary to obtain such permit(s) or approval(s). No later than August 1,2013 or, in the event

that Mosaic chooses to invoke Subparagraph 8.g., 90 Days after receiving the written notice of

the final emission limits as specified in Subparagraph 8.g. for the A Train Sulfuric Acid Plant

and by no later than January 1,2012, for the D Train Sulfuric Acid Plant, Mosaic shall submit an

administratively complete application to the LDEQ permitting authority to incorporate the

following requirements into federally-enforceable minor or major NSR permits or other permits

(other than Title V permits) which are federally enforceable for each facility:

a. All Short-Term Limits, Long-Term Limits and Mass Caps for S02 emissions

established in Paragraphs 8 and 9 ofthis Consent Decree;

b. For the A Train, the emission limit during Startup;

c. For the A Train, the acid mist emission limit established in Paragraph 10 of

this Consent Decree;

d. The monitoring requirements established in the CEMS Plans; and

e. For the A Train, the applicability of 40 C.F.R. Part 60, Subparts A and H and

all requirements therein.

19. Following submission ofthe complete permit applications described in Paragraph 18,

Defendant shall cooperate with the LDEQ and any applicable local agency. Defendant shall file

any applications necessary to incorporate the requirements ofthose permits into the Title V

Permit for the relevant facility in accordance with state Title V rules.

20. Emission Limits and Standards: Prior to termination ofthe Consent Decree, the

following Consent Decree requirements shall be incorporated into the permits required under

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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Paragraph 18 and in the Uncle Sam Facility's Title V operating permit:

a. All Short-Term Limits, Long-Term Limits and Mass Caps for S02 emissions

established in Paragraphs 8 and 9 ofthis Consent Decree;

b. For the A Train, the emission limit during Startup;

c. For the A Train, the acid mist emission limit established in Paragraph 10 of

this Consent Decree;

d. The monitoring requirements established in the CEMS Plans; and

e. For the A Train, the applicability of 40 C.F.R. Part 60, Subparts A and H and

all requirements therein.

21. Mechanism for Title V Incorporation: The incorporation ofthe requirements ofthis

Consent Decree into Title V Permits shall be in accordance with state Title V rules, including

applicable administrative amendment provisions ofsuch rules.

22. Notwithstanding the reference to a Title V permit in this Consent Decree, the

enforcement ofsuch permit shall be in accordance with its own terms and the Act. The Title V

permit shall not be enforceable under this Consent Decree, although any term or limit established

by or under this Consent Decree shall be enforceable under this Consent Decree regardless of

whether such term has or will become part of a Title V permit, subject to the terms of Section

XIX (Termination) ofthis Consent Decree. Nothing in this Consent Decree is meant to preclude

enforcement ofthe underlying permit or terms ofthe underlying permit included in the Title V

permit.

23. Using the procedures set forth in Section XV (Notices), Defendant shall provide U.S.

EPA with a copy of each application for a federally enforceable permit necessary to implement

the requirements ofthis Consent Decree that is filed after the Effective Date, as well as a copy of

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any permit proposed as a result ofsuch application, to allow for timely participation in any

public comment opportunity. If, as ofthe Effective Date, Defendant has received any permit

necessary to implement the requirements ofthis Consent Decree, then no later than 30 days after

the Effective Date, Defendant shall submit copies ofsuch permits to U.S. EPA using the

procedures set forth in Section XV (Notices). U.S. EPA may excuse in writing all or part ofthe

latter submission if copies ofsuch permits have already been submitted to U.S. EPA prior to the

Effective Date.

24. Emission Credit Generation: Defendant shall neither generate nor use any S02 or

acid mist emission reductions resulting from any Projects conducted pursuant to this Consent

Decree for the purpose of obtaining netting credits or offsets in any PSD, major NSR, and/or

minor NSR permit or permit proceeding; provided however, that nothing in this Consent Decree

is intended to prohibit Defendant from:

a. using emission reductions from the installation of controls required by this

Consent Decree in determining whether a project that includes both the installation of controls

under this Consent Decree and other construction or modifications (including construction or

modifications that affect the facility's production capacity) that occur at the same time and are

permitted as a single project triggers PSD and/or NSR requirements;

b. using netting reductions or emission offset credits from units that are covered

by this Consent Decree, to the extent that the proposed netting reductions or emission offset

credits represent the difference between the emission limits set forth in this Consent Decree and

the more stringent emission limits that Defendant may elect to accept for these units in a

permitting process;

c. using netting reductions or emissions offset credits from units that are not

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subject to an emission limitation under this Consent Decree;

d. using netting reductions or emissions offset credits for any pollutants other

than S02 or sulfuric acid mist.

VII. REPORTING REQUIREMENTS

25. Defendant shall submit the following reports:

a. For each Sulfuric Acid Plant, Defendant shall submit to U.S. EPA and LDEQ,

design specifications documenting how Defendant intends to comply with the emission limits

established in Paragraphs 8 and 9, no later than one year before the date specified in Paragraphs

8 and 9 for compliance with the applicable S02 emissions limit.

b. After the Effective Date and before the termination ofthis Consent Decree,

Defendant shall submit to U.S. EPA and to LDEQ a semi-annual progress report no later than

January 31 and July 31 of each year, with the first report due on January 31, 2010. Each semiannual progress report shall contain the following information with respect to the six months

preceding its submission: (1) work performed and progress made toward implementing the

requirements of Sections IV and V above; (2) any significant modifications to previouslysubmitted design specifications of any pollution control system, or to monitoring equipment,

required to comply with the requirements of Sections IV and V above; (3) any significant

problems encountered or anticipated in complying with the requirements of Sections IV and V

above, together with implemented or proposed solutions; (4) a summary ofthe emissions

monitoring and testing data collected pursuant to this Consent Decree including the mass of S02

emitted and the quantity of 100% Sulfuric Acid Produced during the reporting period; (5) a

description of all periods of Startup, Shutdown, and Malfunction for A and D Trains, including

the quantity ofS02emitted and the causes of Malfunction(s); (6) the date and time identifying

24

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CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

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each period during which the CEMS was inoperative except for zero and span checks and the

nature ofthe system repairs or adjustments; (7)-status of permit applications and a summary of

all permitting activity pertaining to compliance with this Consent Decree; (8) any reports to

LDEQ pertaining to compliance with this Consent Decree; and (9) ali' changes or updates made

to the O&M Plans specified in Paragraph 13.

c. If Defendant violates, or has reason to believe that it may violate, any

requirement ofthis Consent Decree or of any applicable permit, Defendant shall notify the

United States and the State Plaintiff ofsuch violation and its duration or anticipated likely

duration, in writing, within 35 calendar days ofthe Day Defendant first becomes aware ofthe

violation or potential violation, with an explanation ofthe violation's likely cause and ofthe

remedial steps taken, or to be taken, to prevent or minimize such violation. Ifthe cause of a

violation cannot be fully explained at the time the report is due, Defendant shall so state in the

report. Defendant shall investigate the cause ofthe violation and shall then submit an

amendment to the report, including a full explanation ofthe cause ofthe violation, within 30

Days ofthe Day Defendant becomes aware ofthe cause ofthe violation. Nothing in this

Paragraph or the following Paragraph relieves Defendant ofits obligation to provide the notice

required by Section X (Force Majeure).

d. Whenever any violation ofthis Consent Decree or of any applicable permit or

any other event affecting Defendant's performance under this Decree, or the performance of a

Sulfuric Acid Plant, may pose an immediate threat to the public health or welfare or the

environment, Defendant shall notify U.S. EPA and the State, orally or by electronic or facsimile

transmission as soon as possible, but no later than 24 hours after Defendant first knew of, or

should have known of, the violation or event. This procedure is in addition to the requirements

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set forth in the preceding reporting provisions.

26. All reports shall be submitted to the persons and in the manner designated in Section

XV (Notices).

27. Each report submitted by Defendant under this Section shall be signed by a plant

manager, a corporate official responsible for environmental management and compliance, or a

corporate official responsible for plant management ofthe Defendant, and shall include the

following certification:

I certify under penalty oflaw that I have examined and am familiar with the

information submitted in this document and all attachments and that this

document and its attachments were prepared either by me personally or under

my direction or supervision in a manner designed to ensure that qualified and

knowledgeable personnel properly gather and present the information

contained therein. I further certify, based on my personal knowledge or on

my inquiry ofthose individuals immediately responsible for obtaining the

information, that the information is true, accurate and complete. I am aware

that there are significant penalties for submitting false information, including

the possibility offines and imprisonment for knowingly and willfully

submitting a materially false statement.

28. The reporting requirements ofthis Consent Decree do not relieve Defendant of any

reporting obligations required by the Act or implementing regulations, or by any other federal,

state, or local law, regulation, permit, or other requirement. The reporting requirements ofthis

Section are in addition to any other reports, plans or submissions required by other Sections of

this Consent Decree.

29. Any information provided pursuant to this Consent Decree may be used by the United

States in any proceeding to enforce the provisions ofthis Consent Decree and as otherwise

permitted by law. All information and documents submitted by Mosaic to the United States or to

the State pursuant to this Consent Decree shall be subject to public inspection, unless identified

and supported as Confidential Business Information ("CBI") by Mosaic in accordance with 40

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C.F.R. Part 2 and other applicable state law.

VIII. CIVIL PENALTY

30. Within thirty (30) Days after the Effective Date ofthis Consent Decree, Defendant

shall pay to the Plaintiffs $2.4 million as a civil penalty, in the following manner:

a. $1.8 million to the United States by FedWire Electronic Funds Transfer

("EFT") to the U.S. Department ofJustice ("DOJ") in accordance with instructions to be

provided to Defendant, following lodging ofthe Consent Decree, by the Financial Litigation

Unit ofthe United States Attorney's Office for the Eastern District of Louisiana. At the time of

payment, Defendant shall simultaneously send written notice of payment and a copy of any

transmittal documentation (which shall reference DOJ case number 90-5-2-1-08957, USAO file

number 2006V00316 and the civil action number ofthis case) to the United States in accordance

with Section XV ofthis Decree (Notices); and

b. $600,000 to the State ofLouisiana by certified check made payable to LDEQ

and sent to Darryl Serio, Fiscal Director, Office of Management and Finance, LDEQ, P.O. Box

4303, Baton Rouge, Louisiana 70821-4303.

31. If any portion ofthe civil penalty due to the United States or the State Plaintiff is not

paid when due, Defendant shall pay interest on the amount past due, accruing from the Effective

Date through the date of payment, at the rate specified in 28 U.S.C. § 1961. Interest payment

under this Paragraph shall be in addition to any stipulated penalty due. No amount ofthe civil

penalty or interest paid by Defendant shall be used to reduce its federal or state tax obligations.

IX. STIPULATED PENALTIES

32. Defendant shall be liable for stipulated penalties to the United States and to the State

Plaintifffor violations ofthis Consent Decree as specified below, unless excused under Section

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X (Force Majeure). Any stipulated penalties due under this Section shall be paid in accordance

with Paragraph 48 below. All transmittal correspondence shall state that any such payment is for

payment ofstipulated penalties and shall include the same identifying information required by

Paragraph 30 (Civil Penalty) above.

33. Failure to Pay Civil Penalty: If Defendant fails to pay any portion ofthe civil penalty

required to be paid under Section VIII (Civil Penalty) when due, Defendant shall pay a stipulated

penalty of $1 ,000 per day for each day that the payment is late. Late payment ofthe civil penalty

shall be made in accordance with Paragraph 30 above. Each stipulated penalty due under this

Paragraph shall be paid exclusively to the Party to whom Defendant failed to make timely

payment ofthe full civil penalty due.

34. Short-Term S02 Limits set forth in Paragraphs 8 and 9.

a. The following stipulated penalties shall accrue for each violation ofthe ShortTerm S02 Limit in any non-overlapping 3-hour period:

Percentage Over the Limit

1 - 50%

51 - 100%

Over 100%

Penalty per Violation

$250

$500

$750

No separate stipulated penalty will apply with respect to the limit on S02 emissions under 40

C.F.R. Part 60.

b. Solely in the event of a dispute regarding the Short-Term Limit (and

corresponding Mass Cap) for A Train following the demonstration period under Paragraph 8.g,

and solely during the period oftime between Mosaic's invocation of Dispute Resolution and the

Court's decision resolving such dispute, and provided that Mosaic complies with its proposed

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Short-Term Limit under Paragraph 8.g.i (in accordance with Paragraph 8.g.iv), the stipulated

penalties accruing under this subparagraph shall be reduced in proportion to the percentage by

which Mosaic's proposed Short-Term Limit exceeds the Short-Term Limit determined by U.S.

EPA under Paragraph 8.g.iii, multiplied by two ("adjusted amount"). In addition, should the

Court take more than six months to resolve the dispute following thetime the dispute is briefed

and submitted for decision, the stipulated penalty during the pendency ofthe dispute shall accrue

at 50% ofthe adjusted amount in each month after the six months following submission ofthe

dispute until decision by the Court, and at 25% ofthe adjusted amount in each month after the

twelfth month following submission ofthe dispute. For example, if U.S. EPA determines under

Paragraph 8.g.iii that Mosaic's Short-Term Limit for A Train shall be 1.0 lb/ton and Mosaic

invokes Dispute Resolution proposing a Short-Term Limit of 1.2 lb/ton, which is 20% higher

than 1.0 lb/ton, then Mosaic's stipulated penalty liability for exceeding the 1.0 lb/ton Short-Term

Limit shall accrue at 40% (20% x 2) ofthe otherwise applicable stipulated penalty under

Subparagraph 34.a., provided that Mosaic complies with its proposed Short-Term Limit of 1.2

lb/ton during the pendency ofthe dispute. Thus, in this example, the otherwise applicable

stipulated penalty under Subparagraph 34.a. (for a violation ranging between 1 - 50% over the

limit) is $250/violation. Should the Court eventually resolve the dispute in U.S. EPA's favor,

stipulated penalties for the period oftime the dispute was pending would accrue at 40% x $250 =

$100 per violation, provided that Mosaic complies with its proposed Short-Term Limit of 1.2

lb/ton during the pendency ofthe dispute. Ifthe dispute is not resolved until at least six months

after submission ofthe dispute to the Court, the stipulated penalty accrual would be reduced after

six months and would accrue at $50 per violation (50% x $100) beginning with the seventh

month following submission ofthe dispute to the Court; if it is not resolved until after twelve

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months, the stipulated penalty accrual would be further reduced after twelve months and would

accrue at $25 per violation (25% x $100) beginning with the thirteenth month following

submission ofthe dispute to the Court.

35. A Train Startup Limit in Paragraph 8. The following stipulated penalties shall accrue

for each violation ofthe A Train Startup emission limitation specified in Paragraph 8.b:

Percentage Over the Limit

1 - 50%

51 - 100%

Over 100%

Penalty per Violation

$250

$500

$750

36. Long-Term SO) Limit as set forth in Paragraph 9. The following penalty shall accrue

for each day in violation ofthe D Train Long-Term Limit:

Period ofNoncompliance

Ist-14thday

15th - 30th day

31 st day and each day thereafter

Penalty per Violation

$1000

$1500

$2000

e.g., a violation ofthe Long-Term Limit lasting 40 consecutive days will result in $58,000 in

stipulated penalties (i.e. ($1000 x 14) + ($1500 x 16) + ($2000 x 10». No separate stipulated

penalty will apply with respect to the limit on S02 emissions under 40 C.F.R. Part 60.

37. Mass Cap.

a. For each violation of a Mass Cap identified in Paragraphs 8 and 9, a stipulated

penalty of$15,000 per ton or fraction ofa ton ofS02emitted in excess ofthe applicable Mass

Cap (e.g., exceeding the Mass Cap by 2.1 tons would result in $45,000 ($15,000 x 3) in

stipulated penalties.) In no event shall the stipulated penalty exceed $900,000 for anyone

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month. A Mass Cap violation may occur only one time per month and only when the sum ofthe

S02 emitted in the immediately preceding 12 months exceeds the Mass Cap.

b. Solely in the event of a dispute regarding the Mass Cap (and corresponding

Short-Term Limit) for A Train following the demonstration period under Paragraph 8.g, and

solely during the period oftime between Mosaic's invocation of Dispute Resolution and the

Court's decision resolving such dispute, and provided that Mosaic complies with the Mass Cap

associated with its proposed Short-Term Limit under Paragraph 8.g.i (in accordance with

Paragraph 8.g.iv), the stipulated penalties accruing under this subparagraph shall be reduced in

proportion to the percentage by which Mosaic's proposed Mass Cap exceeds the Mass Cap

determined by U.S. EPA under Paragraph 8.g.iii, multiplied by two ("adjusted amount"). In

addition, should the Court take more than six months to resolve the dispute following the time

the dispute is briefed and submitted for decision, the stipulated penalty during the pendency of

the dispute shall accrue at 50% ofthe adjusted amount in each month after the six months

following submission ofthe dispute until decision by the Court, and at 25% ofthe adjusted

amount in each month after the twelfth month following submission ofthe dispute. For example,

ifU.S. EPA determines under Paragraph 8.g.iii that Mosaic's Mass Cap for A Train shall be 402

tons and Mosaic invokes Dispute Resolution proposing a Mass Cap of 483, which is 20% and 81

tons higher than 402 tons, then Mosaic's stipulated penalty liability for exceeding the 402 tons

Mass Cap shall accrue at 40% (20% x 2) ofthe otherwise applicable stipulated penalty under

subparagraph a., provided that Mosaic complies with its proposed Mass Cap of 483 tons during

the pendency ofthe dispute. Thus, in this example, the otherwise applicable stipulated penalty

would be 81 tons x $15,000 per violation = $1,215,000. This amount exceeds the $900,000

stipulated penalty limit in subparagraph a. for any month, making the otherwise applicable

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stipulated penalty $900,000. In the event of a dispute and should the Court eventually resolve

the dispute in U.S. EPA's favor, Mosaic's stipulated penalty limit would accrue at 40% x

$900,000 = $360,000 per month, provided that Mosaic complies with its proposed Mass Cap of

483 tons during the pendency ofthe dispute. Ifthe dispute is not resolved until at least six

months after submission ofthe dispute to the Court, the stipulated penalty accrual would be

reduced after six months and would accrue at $180,000 per month (50% x $360,000) beginning

with the seventh month following submission ofthe dispute to the Court; if not resolved until

after twelve months, the stipulated penalty accrual would be further reduced after twelve months

and would accrue at $90,000 per month (25% x $360,000) beginning with the thirteenth month

following submission ofthe dispute to the Court.

38. Monitoring Requirements. The following stipulated penalties shall accrue per day

where the CEMS fails to operate in accordance with any requirement identified in Paragraph 14

and/or the applicable CEMS Plan. This will be calculated over the course of each calendar year

(e.g., January 1 - December 31).

Period ofNoncompliance

(Total days in violation in any

calendar year)

1st-14thday

15th - 30th day

31 st day and each day thereafter

Penalty Per Day

$1500

$2000

$2500

e.g., if Mosaic fails to operate a CEMS in accordance with any requirement identified in

Paragraph 14 and/or the applicable CEMS Plan for 40 days in any calendar year, consecutive or

not, the result will be $78,000 in stipulated penalties (i.e. ($1500 x 14) + ($2000 x 16) + ($2500

x 10)).

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39. Performance Testing. The following stipulated penalties shall accrue per violation

per ~ay for each violation of any requirements identified in Paragraph 15 relating to performance

testing:

Period of Noncompliance

Ist-14thday

15th - 30th day

31 st day and beyond

Penalty Per Violation Per Day

$1000

$1500

$2000

40. Opacity Limits in the NSPS for A and D Trains. For each violation at the A and D

Trains ofthe opacity requirements of 40 C.F.R. § 60.83(a)(2), as demonstrated by a Method 9

reference test, $40 per six (6) minute average reading in excess ofthe limit, up to a maximum of

$2000 per day.

41. Permitting Requirements. The following stipulated penalties shall accrue per

violation per day for each violation of any requirement to submit a complete application for

permits as required and on the schedule specified in Section VI (Permits):

Period of Noncompliance

Ist-14thday

15th - 30th day

31 st day and beyond

Penalty Per Violation Per Day

$1000

$1500

$2000

42. Environmental Mitigation Projects/Additional Injunctive Relief. Stipulated penalties

shall accrue for each violation of any ofthe requirements set forth in Section V (Environmental

Mitigation Projects/Additional Injunctive Relief) as follows: For each violation ofthe Mass Cap

for E Train identified in Paragraph 17.a.iii, a stipulated penalty of$15,000 per ton or fraction of

S02 emitted in excess ofthe applicable Mass Cap (using the same calculation methodology

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described in Paragraph 37.a above). For each other violation ofthe requirements of Paragraph

17, the following stipulated penalties shall accrue per violation per day:

Period ofNoncompliance

1st - 14th day

15th - 30th day

31st day and beyond

Penalty Per Violation Per Day

$1000

$1500

$2000

43. Reporting Requirements. The following stipulated penalties shall accrue for: failure

to submit design specifications within the period specified in Paragraph 25.a ofthis Consent

Decree; failure to submit a semi-annual progress report within the period specified in Paragraph

25.b ofthis Consent Decree; failure to notify the United States and the applicable State Plaintiff

of a violation of, or reason to believe it may violate, this Consent Decree or any applicable

permit within the period specified in Paragraph 25.c ofthis Consent Decree; or failure to notify

U.S. EPA and/or the State of an event that may pose an immediate threat to the public health or

welfare or the environment within the period specified in Paragraph 25.d of this Consent Decree.

Period ofNoncompliance

Ist-14thday

15th - 30th day

31st day and beyond

Penalty Per Violation Per Day

$150

$250

$500

44. The following stipulated penalties shall accrue per violation per day for Defendant's

failure to comply with any requirement, not specifically referenced in Paragraphs 32 through 43

above, ofthis Consent Decree or of any plan or schedule approved under this Consent Decree,

within the specified time established by or approved under this Decree:

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Period ofNoncompliance

1st -14th day

15th - 30th day

31 st day and beyond

Penalty Per Violation Per Day

$150

$250

$500

45. Stipulated penalties under this Section shall begin to accrue on the day after

performance is due or on the day a violation occurs, whichever is applicable, and shall continue

to ~ccrue until performance is satisfactorily completed or until the violation ceases. Stipulated

penalties shall accrue simultaneously for separate violations ofthis Consent Decree. Defendant

shall pay any stipulated penalty within 30 days ofreceiving the United States' or the State

Plaintiffs written demand. The United States and/or the State Plaintiffmay seek stipulated

penalties under this Section. Where both sovereigns seek stipulated penalties for the same

violation ofthis Consent Decree, Defendant shall pay 50 percent to the United States and 50

percent to the State Plaintiff. Where only one sovereign demands stipulated penalties for a

violation, it shall make that demand on its own behalf, and the Defendant shall pay the full

amount ofthe stipulated penalties due for the violation to that sovereign, and Defendant shall not

be liable for additional stipulated penalties to any other sovereign for that violation.

46: The United States and the State Plaintiffmay each, in the unreviewable exercise ofits

discretion, reduce or waive stipulated penalties or other relief otherwise due it under this Consent

Decree. The determination by one sovereign not to seek stipulated penalties, or subsequently to

waive or reduce the amount it seeks, shall not preclude the other sovereign from seeking

stipulated penalties up to the full amount owed to that sovereign.

47. Stipulated penalties shall continue to accrue as provided in Paragraph 45 above,

during any dispute resolution, but need not be paid until the following:

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a. Ifthe dispute is resolved by agreement or by a decision ofthe United States or

the State Plaintiffthat is not appealed to the Court, Defendant shall pay accrued penalties

determined owed, together with interest, at the rate specified in 28 U.S.C. § 1961, to the United

States and/or the State Plaintiff within 30 days ofthe effective date ofthe agreement or the

receipt of U.S. EPA's or the State Plaintiffs decision.

b. Ifthe dispute is appealed to the Court and the United States and/or the State

Plaintiff prevails in whole or in part, Defendant shall pay all accrued penalties that the Court

determines Defendant owes, together with interest, at the rate specified in 28 U.S.C. § 1961,

within 60 days ofreceiving the Court's decision or order, except as provided in Subparagraph c,

below.

c. If any Party appeals the District Court's decision, Defendant shall pay all

accrued penalties owed, together with interest at the rate specified in 28 U.S.C. § 1961, no later

than 30 days after the administrative decision or judicial order, judgment or decree resolving the

dispute becomes final and not subject to any further appeal.

48. Defendant shall pay stipulated penalties owed to the United States in accordance with

Paragraph 30.a, above, or by certified or cashier's check in the amount due, payable to the "U.S.

Department ofJustice," referencing DOJ No. 90-5-2-1-08957 and United States Attorney's

Office file number 2006V00316, and delivered to the office ofthe United States Attorney, U.S.

District Court Eastern District of Louisiana, 500 Poydras Street, New Orleans, LA 70130, (504)

680-3000. Defendant shall pay stipulated penalties owed to the State Plaintiffin the same

manner prescribed for payment ofthe civil penalty in Paragraph 30.b above.

49. No amount ofthe stipulated penalties to be paid by Defendant shall be used to reduce

its federal or state tax obligations.

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50. If Defendant fails to pay stipulated penalties according to the terms ofthis Consent

Decree, Defendant shall be liable for interest at the rate specified in 28 U.S.C. § 1961, accruing

as ofthe date payment became due.

51. Subject to the provisions of Section XIII (Effect of Settlement/Reservation ofRights),

the Stipulated Penalties provided for in this Consent Decree shall be in addition to any other

rights, remedies, or sanctions available to the United States for Defendant's violation ofthis

Consent Decree or applicable law. Ifthe violations result in excess emissions, the United States

and/or the State may elect to seek appropriate relief, including but not limited to compensatory

emission reductions equal to or greater than the excess amounts emitted. Where a violation of

this Consent Decree is also a violation ofthe NSPS, Subparts A or H, or the PSD or nonattainment NSR requirements, Defendant shall be allowed a credit, for any stipulated penalties

paid, against any statutory penalties imposed for such violation.

X. FORCE MAJEURE

52. A "Force Majeure Event" is any event beyond the control of Defendant, its

contractors, or any entity controlled by Defendant that delays the performance of any obligation

under this Consent Decree despite Defendant's best efforts to fulfill the obligation. "Best efforts"

includes anticipating any potential force majeure event and addressing the effects of any such

event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting

delay to the greatest extent possible.

53. "Force Majeure" does not include Defendant's financial inability to perform any

obligation under this Consent Decree. Unanticipated or increased costs or expenses associated

with the performance of Defendant's obligations under this Consent Decree, or Defendant's

failure to make an administratively complete and timely application for any required approval or

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permit, shall not constitute circumstances beyond its control, or serve as a basis for an extension

oftime under this Section X. However, the failure of a permitting authority to issue a necessary

construction or operating permit in a timely fashion is an event offorce majeure where the

failure ofthe permitting authority to issue the relevant permit is beyond the control of Defendant.

54. If any event occurs which causes or may cause a delay or impediment to performance

in complying with any provision ofthis Consent Decree, Defendant shall notify U.S. EPA and

the State Plaintiff: (a) orally or by electronic or facsimile transmission, as soon as possible, but

no later than 72 hours after the time Defendant first knew ofthe event or should have known of

the event by exercise of due diligence, and (b) in writing no later than seven Days after the time

Defendant first knew ofthe event or should have known ofthe event by the exercise of due

diligence. In this notice, Defendant shall specifically reference this Paragraph 54 ofthis Consent

Decree and describe the anticipated length oftime the delay may persist, the cause or causes of

the delay, the measures taken or to be taken by Defendant to prevent or minimize the delay, the

schedule by ~hich those measures shall be implemented, and the reasons Defendant attributes

the delay to a Force Majeure Event (if Defendant does so). Defendant shall take all necessary

measures to avoid or minimize such delays. The written notice required by this Paragraph shall

be effective upon the mailing ofthe same by overnight mail or by certified mail, return receipt

requested, to U.S. EPA and the State Plaintiff as specified in Section XV (Notice).

55. Failure by Defendant to comply with the notice requirements specified in Paragraph

54 above shall preclude Defendant from asserting any claims of Force Majeure with respect to

the particular event involved, unless notice, though delinquent, is provided in sufficient time to

allow U.S. EPA and the State Plaintiffto verify the cause and nature ofthe event in question;

except that, in any event, if notice is delinquent, Defendant shall be precluded from asserting any

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claims of Force Majeure as justification for failure to comply with any requirement ofthis

Consent Decree for a period oftime equal to the time by which notice was delinquent.

56. The United States, after consultation with the State Plaintiff, will notify Defendant in

writing regarding the United States' position regarding Defendant's claim of a delay or

impediment to performance within forty-five (45) days ofreceipt ofthe written Force Majeure

notice provided under Paragraph 54.

57. If the United States, after consultation with the State Plaintiff, agrees that the delay or

impediment to performance has been or will be caused by a Force Majeure Event, the Parties

shall stipulate in writing to an extension ofthe required deadline(s) for all requirement(s)

affected by the Force Majeure Event for a period equivalent to the delay actually caused by the

Force Majeure Event. Such stipulation shall be filed as a material modification to the Consent

Decree pursuant to the procedures of Section XVIII (Modification). Defendant shall not be

liable for stipulated penalties for the period of any such extension.

58. Ifthe United States, after consultation with the State Plaintiff, does not accept

Defendant's claim of Force Majeure, stipulated penalties will accrue as provided in Section IX

(Stipulated Penalties). No later than forty-five (45) days after receipt ofthe notice provided

under Paragraph 56 above, Defendant may invoke formal dispute resolution with respect to the

claim of Force Majeure, pursuant to Paragraphs 63 through 72 below, by filing a petition for

determination with the Court. Ifthe Court determines that the delay or impediment to

performance has been or will be caused by a Force Majeure Event, Defendant shall be excused

as to that event(s) and delay (including stipulated penalties) for a period oftime equivalent to the

delay caused by the Force Majeure Event. Defendant will bear the burden of proving that any

delay in satisfying any requirement(s) ofthis Consent Decree was caused by or will be caused by

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a Force Majeure Event.

59. Defendant shall also bear the burden of proving the duration and extent of any

delay(s) attributable to such Force Majeure Event. Any extension of one compliance date based

on a particular Force Majeure Event may, but shall not necessarily, result in an extension of a

subsequent compliance date or dates.

60. Notwithstanding any other provision ofthis Consent Decree, this Court shall not draw

any inferences nor establish any presumptions adverse to either party as a result ofDefendant's

serving of a force majeure notice or the Parties' inability to reach agreement with respect to the

claim of force majeure.

61. In appropriate circumstances, as part ofthe resolution of any matter submitted to this

Court under this Section X, the Parties involved in the dispute may agree to, or the Court may

order, extension or modification ofthe schedule for completion of work under the Consent

Decree to account for the delay in the work that occurred as a result of any Force Majeure Event

claimed by Defendant that is agreed to by the United States or approved by this Court.

Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work in

accordance with the extended or modified schedule.

62. Potential Force Majeure Events. The Parties agree that, depending upon the

circumstances related to an event and Defendant's response to such circumstances, the kinds of

events listed below are among those that could qualify as Force Majeure Events within the

meaning ofthis Section: construction, installation, labor, or equipment shortages or delays; acts

of God, such as a hurricane; acts of war or terrorism; an order by a government official,

government agency, or other regulatory authority. The listing ofthe foregoing types of events

shall neither (1) preclude the United States (or the Court, in the event of a dispute) from

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determining that a particular event in one ofthe enumerated categories does not qualify as a

Force Majeure Event (as defined in this Section) in light ofthe specific facts and circumstances

pertaining to the event, nor (ii) preclude the Defendant from invoking force majeure for reasons

other than those listed above.

XI. DISPUTE RESOLUTION

63. Unless otherwise expressly provided for in this Consent Decree, the dispute

resolution procedures ofthis Section shall be the exclusive mechanism to resolve disputes arising

under or with respect to this Consent Decree. Defendant's failure to seek resolution ofa dispute

under this Section shall preclude Defendant from raising any such issue as a defense to an action

by the United States to enforce any obligation of Defendant arising under this Decree.

64. Except as otherwise expressly provided in this Consent Decree, the dispute resolution

procedures set forth in this Section XI shall be available to resolve any and all disputes arising

under this Consent Decree, provided that the Party invoking the procedures has made a good

faith attempt to resolve the matter with the other Party or Parties involved.

65. The dispute resolution procedure required herein shall be invoked upon the giving of

written notice by one ofthe Parties to this Consent Decree to another advising the other

appropriate Party(ies) of a dispute pUrsuant to Section XI. The notice shall describe the nature of

the dispute and shall state the noticing Party's position with regard to such dispute. The Party or

Parties receiving such notice will acknowledge receipt ofthe notice and the Parties shall

expeditiously schedule a meeting to discuss the dispute informally no later than fourteen (14)

days from the receipt ofsuch notice.

66. Disputes submitted to dispute resolution shall, in the first instance, be the subject of

informal negotiations between the Parties. Such period ofinformal negotiations shall not extend

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beyond thirty (30) days from the date ofthe first meeting between representatives ofthe Parties,

unless the Parties involved in the dispute agree that this period should be shortened or extended.

67. In the event that the Parties are unable to reach agreement during such informal

negotiations period, the United States and/or the State Plaintiff, as applicable, shall provide

Defendant with a written summary ofits/their position regarding the dispute. lhe position

advanced by the United States and/or the State Plaintiff, as applicable, will be considered binding

unless, within forty-five (45) Days of Defendant's receipt ofthe written summary, Defendant

invokes formal dispute resolution by filing with the Court a petition which describes the nature

ofthe dispute and Defendant's position on the dispute. Counsel filing a petition invoking formal

dispute resolution shall, at the time offiling, notice it for hearing in accordance with the Eastern

District of Louisiana local rules. Such petition shall be filed no later than fifty-five (55) Days

preceding the notice hearing date. The United States and/or the State of Louisiana shall respond

to the petition no later than the eighth calendar day prior to the noticed hearing date.

68. The time periods set out in this Section may be shortened or lengthened, in

accordance with the Eastern District of Louisiana local rules, upon motion to the Court of one of

the Parties to the dispute, explaining the Party's basis for seeking such a scheduling

modification, or by agreement ofthe Parties to the dispute.

69. In the event that the United States and the State Plaintiff are unable to reach

agreement among themselves with regard to the Defendant's claim, the position ofthe United

States shall be the Plaintiffs' final position. A dissenting State Plaintiff may file such other

pleadings expressing its position as allowed by the Court.

70. In a formal dispute resolution proceeding under this Section, Defendant shall bear the

burden of demonstrating that its position complies ~ith this Consent Decree and the Act. The

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Court shall decide the dispute based upon applicable principles of law. The United States

reserves the right to argue that its position is reviewable only on the administrative record and

must be upheld unless arbitrary and capricious or otherwise not in accordance with the law.

71. The Parties do not intend that the invocation ofthis Section XI by a Party cause the

Court to draw any inferences nor establish any presumptions adverse to either Party as a result of

invocation ofthis Section.

72. In appropriate circumstances, as part ofthe resolution of any matter submitted to this

Court under this Section XI, the Parties involved in the dispute may agree to, or the Court may

order, an extension or modification ofthe schedule for completion of work under the Consent

Decree to account for the delay in the work that occurred as a result of dispute resolution.

Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work in

accordance with the extended or modified schedule. Invocation of dispute resolution with

respect to any of Defendant's obligations under this Consent Decree shall not, of itself, excuse or

extend the time for performance of any other obligation of Defendant under this Consent Decree.

XII. INFORMATION COLLECTION AND RETENTION

73. The United States, the State Plaintiff, and their representatives, including attorneys,

inspectors, contractors, and consultants, shall have the right of entry into any ofthe Facilities

covered by this Consent Decree, at all reasonable times, upon presentation of credentials, to:

monitor the progress of activities required under this Consent Decree; verify an)' data or

information submitted to the United States or a State Plaintiffin accordance with the terms of

this Consent Decree; obtain samples and, upon request, splits of any samples taken by Defendant

or its representatives, contractors, or consultants; obtain documentary evidence, including

photographs and similar data; and assess Defendant's compliance with this Consent Decree.

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74. Until at least three years after the termination ofthis Consent Decree, Defendant shall

retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all

documents, records, or other information (including documents, records, or other information in

electronic form) in its or its contractors' or agents' possession or control, or that come into its or

its contractors' or agents' possession or control, and that relate in any manner to Defendant's

performance ofits obligations under this Consent Decree. This information retention

requirement shall apply regardless of any contrary corporate or institutional policies or

procedures. At any time during this information-retention period, the United States or a State

Plaintiff may request copies of any documents, records, or other information required to be

maintained under this Paragraph.

75. If Defendant desires to revert to its ordinary document retention policy in regards to

documents it is otherwise required to retain, at least 90 Days prior to the expiration ofthe

document retention period, Defendant shall notify the United States and the State ofits intention

to revert back to its ordinary document retention policy. Should the United States request copies,

Defendant may assert that certain documents, records, or other information are privileged under

the attorney-client privilege or any other privilege recognized by federal law. If Defendant

asserts such a privilege, it shall provide the following: (1) the title ofthe document, record, or

information; (2) the date ofthe document, record, or information; (3) the name and title of each

author ofthe document, record, or information; (4) the name and title of each addressee and

recipient; (5) a description ofthe subject ofthe document, record, or information; and (6) the

privilege asserted by Defendant. However, no documents, records, data, or other information

created or generated pursuant to the requirements ofthis Consent Decree shall be withheld on

grounds of privilege.

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76. Defendant may also assert that information required to be provided under this Section

is protected as CBI under 40 C.F.R. Part 2. As to any information that Defendant seeks to

protect as CBI, Defendant shall follow the procedures set forth in 40 C.F.R. Part 2.

77. The information retention requirements of Paragraphs 74 and 75 shall survive

termination ofthis Consent Decree and shall be enforceable by this Court even; after such

termination. This Consent Decree in no way limits or affects any right of entry and inspection,

or any right to obtain information, held by the United States or the State pursuant to applicable

federal or state laws, regulations, or permits, nor does it limit or affect any duty or obligation of

Defendant to maintain documents, records, or other information imposed by applicable federal or

state laws, regulations, or permits.

XIII. EFFECT OF SETTLEMENTIRESERVATION OF

.RIGHTS

78. This Consent Decree resolves the civil liability ofDefendant to the United States and

the State of Louisiana for the violations alleged in the Complaint filed in this action from the

date those claims accrued through the date of lodging ofthis Consent Decree.

79. The United States and the State Plaintiffreserve all legal and equitable remedies

available to enforce the provisions ofthis Consent Decree, except as expressly stated in

Paragraph 78. This Consent Decree shall not be construed to limit the rights ofthe United States

or the State Plaintiffto obtain penalties or injunctive relief under the Act or implementing

regulations, or under other federal or state laws, regulations, or permit conditions, except as

expressly specified in Paragraph 78. The United States and the State Plaintifffurther reserve all

legal and equitable remedies to address any situation that may present an imminent and

substantial endangerment to the public health or welfare or the environment arising at, or posed

by, Defendant's facilities, whether related to the violations addressed in this Consent Decree or

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otherwise.

80. This Consent Decree is not a pennit, or a modification of any pennit, under any

federal, state, or local laws or regulations. Defendant is responsible for achieving and

maintaining compliance with all applicable federal, state, and local laws, regulations, and

pennits; and Defendant's compliance with this Consent Decree shall be no defense to any action

commenced pursuant to any such laws, regulations, or pennits, except as otherwise expressly

provided herein. The United States and the State Plaintiff do not, by their consent to the entry of

this Consent Decree, warrant or aver in any manner that Defendant's compliance with any aspect

ofthis Consent Decree will result in compliance with provisions ofthe Act, or with any other

provisions offederal, state, or local laws, regulations, or pennits, except as otherwise expressly

provided herein.

81. Nothing in this Consent Decree is intended to preclude Mosaic from increasing

production and annual mass emissions at any Sulfuric Acid Plant covered under the Consent

Decree following tennination ofthis Consent Decree provided that Mosaic complies with all

applicable legal requirements, including as applicable PSD pennitting.

82. This Consent Decree does not limit or affect the rights of Defendant or ofthe United

States or the State Plaintiff against or in respect of any third parties, not party to this Consent

Decree, nor does it limit or affect the rights ofthird parties, not party to this Consent Decree,

against Defendant, except as otherwise provided by law.

83. This Consent Decree shall not be construed to create rights in, or grant any cause of

action to, any third-party that is not a Party to this Consent Decree.

XIV. COSTS

84. The Parties shall bear their own costs ofthis action, including attorneys' fees, except

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that the United States and the State Plaintiffs shall be entitled to collect the costs (including

attorneys' fees) incurred in any action necessary to enforce this Consent Decree or to collect any

portion ofthe civil penalty or any Stipulated Penalties due but not paid by Defendant.

XV. NOTICES

85. Unless otherwise specified herein, whenever notifications, submissions, or

communications are required by this Consent Decree, they shall be made in writing and

addressed to the United States Department ofJustice, U.S. EPA Headquarters, and the U.S. EPA

Region and the State Plaintiff where the relevant Facility is located, as follows:

Notice or submission to the United States:

Chief, Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department ofJustice

Box 7611 Ben Franklin Station

Washington, D.C. 20044-7611

Re: DOJ No. 90-5-2-1-08957

Notice or submission to the United States or to U.S. EPA:

Air Enforcement Division Director

U.S. Environmental Protection Agency

Office ofCivil Enforcement .

Air Enforcement Division

1200 Pennsylvania Ave, NW

Mail Code: 2242A

Washington, DC 20460

and

Nathan Frank

U.S. Environmental Protection Agency

Region 5

AE-17J

77 West Jackson. Blvd.

Chicago, IL 60604

including an electronic copy to:

frank.nathan@epa.gov

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Notice or submission to the United States or to U.S. EPA that concerns the Uncle Sam Facility:

Jan Gerro and

U.S. Environmental Protection Agency

Region 6

1445 Ross Avenue

Suite 1200

Mail Code: 6RC-EA

Dallas, TX 75202

Notice or submission to the State Plaintiff:

Lourdes Iturralde

Administrator, Enforcement Division

Office of Environmental Compliance

Louisiana Department of Environmental Quality

P. O. Box 4312

Baton Rouge, Louisiana 70821-4312

Notice to Mosaic:

Diana M. Jagiella and

Senior Environmental and Corporate Counsel

The Mosaic Company

Atria Corporate Center, Suite E490

3033 Campus Drive

Plymouth, MN 55441

AnupaAhuja

U.S. Environmental Protection Agency

Region 6

1445 Ross Avenue

Suite 1200

Mail Code: 6EN-AA

Dallas, TX 7~202

Jonathan S. Martel

Arnold & Porter LLP

555 Twelfth St., N.W.

Washington, DC 20004

Any Party may, by written notice to the other Parties, change its designated notice recipient(s) or

notice addressees) provided above. Notices submitted pursuant to this Section shall be deemed

submitted upon mailing, unless otherwise provided in this Consent Decree or by mutual

agreement ofthe Parties in writing.

XVI. EFFECTIVE DATE

86. The Effective Date ofthis Consent Decree shall be the date upon which this Consent

Decree is entered by the Court.

XVII. RETENTION OF JURISDICTION

87. The Court shall retain jurisdiction over this case until termination ofthis Consent

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Decree, for the purpose ofresolving disputes arising under this Decree or entering orders

modifying this Decree, pursuant to Sections XI and XVIII, or effectuating or enforcing

compliance with the terms ofthis Decree.

XVIII. MODIFICATION

88. The terms ofthis Consent Decree may be modified only by a subsequent written

agreement signed by all ofthe Parties. Where the modification constitutes a material change to

any term ofthis Consent Decree, it shall be effective only upon approval by the Court. The

O&M Plans required by Paragraph 13 and the CEMS Plans required by Paragraph 14 may be

modified as provided in Paragraph 13 (for the O&M Plans) or upon written agreement ofthe

Parties without Court approval, unless any such modification effects a material change to the

terms ofthis Consent Decree or materially affects the Defendant's ability to meet the

requirements or objectives ofthis Decree.

XIX. TERMINATION

89. After Defendant has maintained continuous satisfactory compliance with the

requirements of Section IV (Compliance Schedule and Requirements) and Section V

(Environmental Mitigation Projects/Additional Injunctive Relief) for a period of one year after

achieving compliance with all ofthe requirements ofthis Consent Decree, has obtained all

permits required by this Consent Decree, and has paid the civil penalty and any accrued

stipulated penalties as required by this Consent Decree, Defendant may serve upon the United

States and the State Plaintiff a request for termination stating that Defendant has satisfied those

requirements, together with all necessary supporting documentation.

90. Following receipt by the United States and the State Plaintiff of Defendant's request

for termination, the Parties shall confer informally concerning the request for termination and

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any disagreement that the Parties may have as to whether Defendant has satisfactorily complied

with the requirements for termination ofthis Consent Decree. Ifthe United States after

consultation with the State Plaintiff agrees that the Decree may be terminated, the Parties shall

submit, for the Court's approval, a joint stipulation terminating the Decree.

91. Ifthe United States after consultation with the State Plaintiff does not agree that the

Decree may be terminated, Defendant may move the Court for termination. However, Defendant

shall not file such a motion until 90 Days after service of its request for termination. On any

such motion, Defendant shall bear the burden of proving that the conditions necessary for

termination ofthe Consent Decree have been satisfied.

XX. PUBLIC PARTICIPATION

92. This Consent Decree shall be lodged with the Court for a period of no less than 30

Days for public notice and comment in accordance with 28 C.F.R. § 50.7. Final approval by the

State Plaintiffis subject to the requirements of La. R.S. 30:2050.7, which provides for public

notice oftijis Consent Decree in newspapers of general circulation and the official journals of

parish in which the Uncle Sam Facility is located, an opportunity for public comment,

consideration of any comments, and concurrence by the State Attorney General. The United

States and the State Plaintiff each reserves the right to withdraw or withhold its consent ifthe

comments regarding the Consent Decree disclose facts or considerations indicating that the

Consent Decree is inappropriate, improper, or inadequate. Defendant consents to entry ofthis

Consent Decree without further notice and agrees not to withdraw from or oppose entry ofthis

Consent Decree by the Court or to challenge any provision ofthe Consent Decree unless the

United States has notified Mosaic in writing that it no longer supports entry ofthe Consent

Decree.

50
CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

Shows non-material modifications (not submitted for court approval) in redlinelstrikeout

XXI. SIGNATORIES/SERVICE

93. Each undersigned representative of Defendant and the State Plaintiff, and the

Assistant Attorney General for the Environment and Natural Resources Division ofthe

Department ofJustice (or his or her designee) certifies that he or she is fully authorized to enter

into the terms and conditions ofthis Consent Decree and to execute and legally bind the Party he

or she represents to this document.

94. This Consent Decree may be signed in counterparts, and its validity shall not be

challenged on that basis.

95. Defendant agrees to accept service of process by mail with respect to all matters

arising under or relating to this Consent Decree and to waive the formal service requirements set

forth in Rules 4 and 5 ofthe Federal Rules ofCivil Procedure and any applicable Local Rules of

this Court including, but not limited to, service of a summons.

XXII. INTEGRATION

96. This Consent Decree constitutes the final, complete, and exclusive agreement and

understanding among the Parties with respect to the settlement embodied in the Decree and

supersedes all prior agreements and understandings, whether oral or written, concerning the

settlement embodied herein. No other document, except for any plans or other deliverables that

are submitted and approved pursuant to this Decree, nor any representation, inducement,

agreement, understanding, or promise, constitutes any part ofthis Decree or the settlement it

represents, and no such extrinsic document or statement of any kind shall be used in construing

the terms ofthis Decree.

XXIII. FINAL JUDGMENT

97. Upon approval and entry ofthis Consent Decree by the Court, this Consent Decree

51
CONSENT DECREE - FIRST MODIFICATION (JANUARY 22, 2010)

Shows non-material modifications (not submitted for court approval) in redlinelstrikeout

shall constitute a final judgment ofthe Court in this action as to the United States, the State

Plaintiff, and Defendant. The Court finds that there is no just reason for delay and therefore

enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58.

Dated and entered this _ day of , 20_.

UNITED STATES DISTRICT JUDGE

[Signatures of Court and parties appear on Consent Decree as entered by the Court,

December 23, 2009, are reprinted from that document and attached hereto for

convenience.]

52
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 53 of 60

shall constitute a final judgment ofthe Court in this action as to the United States, the State

Plaintiff, and Defendant. The Court finds that there is no just reason for delay and therefore

enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58.

Dated and entered this ~ay of_~'-'~,,",C,,---__~, 20~.~

TATES DISTRICT JUDGE

52
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 54 of 60

THE UNDERSIGNED PARTII~~S enter.into this Consent Decree in the matter ofUnited States

and State ofLouisiana v. Mosaic Fertilizer. LLC (B.D. La.), relating to alleged violations ofthe

Clean Air Act:

FOR PLAINTIFF UNITED STATES OF

AMERICA:

~fit(c~.C ~CU~'---~-- ling Assistant Attorney General

nvironment and Natural Resources Division

United States Department.of Justice

DAVID ROSSKAM

Senior Counsel

Environmental Enforcement Section

Environment and Natural Resources Division

United States Department of Justice

P.O. Box 761 I

Washington, D.C. 20044-7611

(202) 514-3974

flMLETTEN

United StatesAttorney for the Eastern District of

Louisiana

SHARON D. SMITH

Assistant United States Attorney

500 Poydras Street

RoomB210

New Orleans, LA 70130

(504) 680-3004

53
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 55 of 60

Consent Decree Signature Page:

United States and State ofLouisiana v. Mosaic Fertilizer. LLC (E,n. La.)

GILES

dministrator

nforcement and Compliance Assurance

Acting

P~~S~ lrector

Air Enforcement Division

54
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 56 of 60

Consent Decree Signature Page:

United States and State ofLouisiana v. Mosaic Fertilizer, LLC (E.n. La.)

AWRENCE E. STARFIELD

Acting Regional Administrator

U.S. 'Environmental Protection Agency

Region 6

55

i~
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 57 of 60 •

WE HEREBY CONSENT to the entry ofthe Consent Decree in United States and State of

Louisiana v. Mosaic Fertilizer. LLC (B.D. La.), a civil action, subject to the public notice and

conunent requirements.

PRELIMINARY APPROVAL BY PLAINTIFF, THE STATE OF LOUISIANA,

DEPARTMENT OF ENVIRONMENTAL QUALITY:

. HATCH

Ass Secretary

Office ofEnvironmental Compliance

Louisiana Deparunent ofEnvironmental Quality

/{o'i-lln ~~ . "K""'ath"'""y""'M,l;-I;.~804) Christopher A. Ratcliff, Attorney Supervisor

LA Bar Roll #18675)

Office ofthe Secretary

Legal Affairs Division

Louisiana Department ofEnvironmental Quality

Post Office Box 4302

Baton Rouge, Louisiana 70821-4302

Telephone No. (225) 219-3985

Fax. No. (225) 219-4068

56
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 58 of 60

In the United States District Court for the Eastern District of Louisiana, United States of

America and State o[Louisiana v. ,Mosaic Fertilizer, LLe, Docket No. 09-6662, a civil

action, subject to the public notice and comment requirements.

FINAL APPROVAL BY PlAINTIFF, THE STATE OF LOUISIANA, THROUGH THE

DEPARTMENT OF ENVIRONMENTAL QUAIlTY:

CH

As ecretary

Office of Environmental Compliance

Louisiana Department of Environmental Quality

i

,

Kathy M. W gilt ar Roll # 30804)

Attorney III

Christopher A. Ratcliff, (LA Bar Roll #18675)

Attorney Supervisor

Office of the Secretary

Legal Affairs Division

Louisiana Department of Environmental Quality

Post Office Box 4302

Baton Rouge, Louisiana 70821-4302

Telephone No. (225) 219-3985

Fax. No. (225) 219-4068

Dated: p/.:LI/Oj

This Consent Decree has been reviewed, and is concurred in, by the Attorney General of

the State of Louisiana, pursuant to the provisions of La. R.S. 30:2050.7.

JAMES D. "BUDDY" CALDWELL

(see .att&ched letter)

ATTORNEY GENERAL

DATED:. _
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 59 of 60

JAMES D. ~BUODyH CALDWELL

AnO~N<V GENERAl

~tat. of ')l1mi5iaml

DEPARTMENT Of JUSTICE

P.D. BOX 94005

BATON ROUGf

70804-9005

December 16, 2009

Mr. Herman Robinson, Executive Counsel

La. Department of Environmental Quality Legal Affairs Division

P.O. Box 4302

Baton Rouge, LA 70821-4302

Re: AG Review of Federal Consent Decree,

United States ofAmerica and State ofLouisiana v. Mosaic

Fertilizer, Inc., U.S. D.C" Eastern District of Louisiana, Civii Action No, 2:09-<:v-06662

Dear Mr. Robinson:

Pursuant to the authority granted to me by RS, 30:2050.7, I approve the above referenced consent decree.

JDC/MKT/tp

,

r
Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 60 of 60

Consent Decree Signature Page:

United States and State ofLouisiana v. Mosaic Fertilizer,'LLC (E,D, La.)

FOR DEFENDANT MOSAIC FERTILIZER, LLC:

Richard L.Mack .

Executive Vice President, General Counsel and

Corporale ~_ .

:rhe Mosaic Company

. . The f~llowing is the name and address'ofSettling Defendant's agent for service (ifdifferent

from above). and the name and address of Settling Defendant's counsel. .

Agent for Service

. Diana Jagiella

The Mosaic Company

Senior Environmental and

COlJlOrale Counsel

3033 Campus Drive, Suite E<\90

Plymouth, MN 55441 .

58

Counsel

Diana Jagiella

The Mosaic Company

Senior EnVironmental and

ColJlOrale Counsel '

3033 Campus Drive. Suite B490

Plymouth. MN 5S441

.'
CONSENT DECREE - FIRST MODIFICATION (JANUARY 22,2010)

Non-material modifications (not submitted for court approval)

APPENDICES to Consent Decree

United States and State ofLouisiana v. Mosaic Fertilizer, LLC

Case No. 2:09-cv-6662 (E.D. La.)

[Appendices are unchanged by this Modification from those appearing in the Consent

Decree as entered by the Court on December 23, 2009, and are reprinted from that

document and attached hereto for convenience.]
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 2 of 29

APPENDIX A

OPERATION AND MAINTENANCE PLAN

FOR

A AND D SULFURIC ACID PLANTS

MOSAIC FERTILIZER, LLC

UNCLE SAM, LOUISlANA

Mosaic Fertilizer, LLC

7520 Highway 44

Uncle Sam, Louisiana 70792

August 2009

-- "".

:.'i
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 3 of 29

August 2009 - i .

TABLE OF CONTENTS

SECTION PAGE

1.0 PURPOSE OF PLAN 1

2.0 SULFURIC ACID PLANT OVERVIEW 2

3.0 OPERATOR TRAINING 2

4.0 ROUTINE OPERATING PROCEDURES 3

5.0 PROCEDURES FOR EXCESS EMISSIONS 5

6.0 TURNAROUND INSPECTIONS AND REPAIRS 5

7.0 PREVENTATIVE MAINTENANCE PROGRAM 7

7.1 Fixed Equipment. 8

7.1.1 External Visual Inspection 8

7.1.2 Internal Visual Inspection 9

7.1.3 Ultrasonic Thickness Survey 10

7.2 Rotating Equipment 10

7.3 Instrumentation 11

8.0 PREDICTIVE MAINTENANCE PROGRAM 11

8.1 Rotating Equipment 11

8.1.1 Vibration Analysis Prognun 11

9.0 SPARE PARTS 13

10.0 PLAN RESPONSIBILITIES 13

r
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 4 of 29

August 2009

1.0 PURPOSE OF PLAN

• J •

This Operation and Maintenance (O&M) Plan is for the "A Train" and "0 Train" Sulfuric Acid Plants

(SAPs) located at the Mosaic Fertilizer, LLC Uncle Sam phosphate fertilizer manufacturing facility in

Uncle Sam, Louisiana. The O&M Plan is prepared for the purpose of documenting the operation and

maintenance procedures and systems, which are used to minimize emissions to the atmosphere from

the SAPs. This includes minimizing the frequency of SAP startups and shutdowns, and maintaining

and operating the SAPs (including air pollution control equipment) to the extent practicable to

minimize air emissions. This O&M Plan has been prepared to comply with requirements of a new

source review settlement (Consent Decree - Civil Action No. 09·6662). Specifically, the Consent

Decree, Paragraph 13, O&M Plans, states the following:

The O&M Plans describe the operating and maintenance procedures necessary to:

{i} minimize the frequency of Sulfuric Acid Plant shutdowns (thereby reducing the

number ofstartups of each Sulfuric Acid Plant); and, (it) to the extent practicable

maintain and operate each of the Sulfuric Acid plants, including associated air

pollution control equipment, in a manner consistent with good air pollution control

practices for minimizing the quantity of emissions of all pollutants subject to

emission standards as of the Effective Date of this Consent Decree at all times,

including during periods ofStart-up, Shutdown, and Malfunction.

The O&M Plan is a compilation ofthe Uncle Sam Plant's approach for exercising good air pollution

control practices for minimizing sulfur dioxide (S~) and sulfuric acid mist (SAM) emissions from

the SAPs, as well as the operating and maintenance practices and systems to minimize shutdown of

the SAPs (and, therefore, startups of the SAPs), The Plan is designed to prevent, detect. and correct

malfunctio.ns or equipment failures, which could result in SAP shutdown or excess emissions. The

Plan has as a goal minimizing the number of shutdowns of the SAPs, as well as preventative

maintenance procedures to maximize operation and minimize emissions between shutdowns

(Le., during normal operation). This Plan provides for:

• Continuous operation of the SAPs between scheduled maintenance

turnarounds;

• Scheduled turnarounds;

• Preventative maintenance procedures;
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 5 of 29

August 2009

•

•

•

•

•

·2·

Predictive maintenance procedures;

Startup/shutdown procedures;

Malfunction procedures;

Spare parts; and

Plan updates.

2.0 SULFURIC ACID PLANT OVERVIEW

The Uncle Sam plant has a total ofthree independent SAPs: A Train, D Train, and E Train. A Train

is a single absorption SAP with a maximum operating rate of 2,000 tons per day (TPD) of 100·

percent sulfuric acid (H2S04), The contact process is used to manufacture the H2S04 • In the contact

process, molten elementaJ sulfur is burned with clean, dry air to form S02' The S02"laden gas is then

passed through a heat recovery boiler before entering the converter. In the converter, the majority of

the S02 in the gas stream is converted to sulfur trioxide (S03). The A Train converter has four

catalyst beds (passes), After each pass, the gases pass through heat recovery devices (heat

exchangers, economizers, and/or superheaters), After the converter, the S03~laden gas stream is

passed through an absorbing tower where the S03 is absorbed into H2S04 and combined with water to

form additional H2S04• The gases then pass through a mist eliminator to capture SAM emissions,

The gases, now containing trace amounts of S02 and SAM, then exit to the atmosphere,

D Train is a double absorption SAP with a maximum operating rate of 2,250 TPD of 100-percent

H2S04• E SAP is a double absorption SAP with a maximum operating rate of 3,800 TPD of

100-percent H2S04, The double absorption process is the same as the single absorption process,

except that the gases pass through a second absorbing tower where additional S03 is absorbed into

H2S04 and combined with water to fonn additional H2S04.

The three SAPs provide H2S04 to the ansite phosphoric acid plants in order to manufacture

phosphoric acid.

3.0 OPERATOR TRAINING

Detailed operating/training manuals form the basis of an operator's initial training. This training

emphasizes that the SAPs are critical processes with environmental control equipment that requires a

high degree of attention and immediate response to assure compliance. New employees receive up to
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 6 of 29

August 2009 ·3·

6 weeks of classroom and up to 6 weeks ofjob specific training before being assigned to a new

unit/area. Area supervisors monitor each trainee's capabilities and progress during the training

period. All employees must demonstrate competency (written and oral) to an area supervisor before

being released to work the assigned units.

The Uncle Sam plant is operated 24 hours per day, 7 days per week. All units, including the SAPs,

have trained operating personnel assigned around·the-clock. These operators are responsible for

monitoring the instrumentation system, performing routine checks of operating equipment and

vessels, initiating maintenance work orders, troubleshooting operating problems, starting up and

shutting down the units, and handling unusual or emergency situations. They report to an area

supervisor and a shift supervisor.

In the SAP area, each shift has an "A" operator and a "B" operator. The "A" operator is the most

highly-trained operator in the plant and resides in the SAP control room. The "BOO operator is less

trained/experienced and resides within the SAP area itself(outside).

Mosaic conducts refresher training for unit operators. This is to review existing procedures, any

procedural or mechanical changes, and expand understanding of uni~ operation. Refresher training is

required to be perfonned every 3 years.

In addition, routine safety meetings and weekly staff meetings are used to communicate changes and

provide up-ta-date operational infonnation. The fonnat and content ofthis training is determined by

area supervisors and may change from year·to-year.

The operating/training manuals are reviewed periodically by the area supervisor and updated as

needed.

4.0 ROUTINE OPERATING PROCEDURES

Mosaic maintains standard operating procedures (SOPs) specifically for each ofthe A and D Trains.

These SOPs are tied to Standard Operating Control Limits (SOCLs) for critical pieces of equipment

within each SAP. Together, the SOPs and SOCLs fonn the basis for Mosaic's routine operating

procedures. These procedures have the ultimate goal of operating the SAPs efficiently and
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 7 of 29

August 2009 - 4-

continuously and avoiding shutdowns (thereby minimizing startups). The procedures also are

designed to minimize the time needed to startup the SAPs, to the extent practicable.

The SOPs for the SAPs contain the following elements;

•

•

•

•

•

•

•

•

•

•

•

•

•

•

•

•

Guidelines on monitoring, adjusting, taking readings, awareness, and

reporting abnonnalities;

Parameters to be recorded in the operator Jogs;

Controlling and calculating SO:! emissions;

SG.J analyzer operation;

Controlling gas stream conditions;

Shift change communications;

Controlling stack appearance (opacity checked daily);

Controlling acid concentrations;

Conducting monthly visual stick test for SAM emissions;

Controlling acid temperatures;

Controlling acid pump tank levels;

Responding to lost circulating pumps;

Controlling boiler water level;

Hot startup procedures;

Cold startup procedures;

Emergency shutdown procedures;

• Unit trip out procedures;

• Nonnal shutdown procedures; and

• Cooldown procedures.

A number ofthe procedures include alarm levels, which are tied to the SOCLs. The SOCLs are used

by unit operators to detect a malfunction or an abnonnal situation that may lead to a malfunction or

excess emissions. The procedures include actions that are to be taken in the event that a SaeL is not

complied with, possible causes, troubleshooting charts, and when repair work orders are to be

implemented. Also included are trip (interlock shutdown) levels and actions to be taken in the event

of a plant trip. The SAPs contain a series of interlocks and critical plant trips. which are doesigned to

prevent excess em issions.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 8 of 29

August 2009 ·5·

5.0 PROCEDURES FOR EXCESS EMISSIONS

Following each period of excess emissions, the Operator or Area Supervisor will complete an

Incident Report, indicating the nature ofthe incident and the initial probable causes. Completion of

the Incident Report will trigger the Mosaic Incident Investigation program. This program is designed

to:

•

•

•

•

•

Capture environmental incidents;

Investigate incidents;

IdentitY root and contributing causes;

IdentitY and evaluate recommended measures to prevent recurrence and

reduce the probability and/or severity of a similar recurrence;

Ensure timely issuance ofincident reports;

.'

• Address and resolve incident recommendations; and

• Communicate incidents, their toot and contributing causes, and

recommended preventive measures to ensure timely and effective follow·up

action.

Mosaic will strive to investigate evidence of and COrrect (either during the next plant turnaround or

earlier, as appropriate based on all of the circumstances), material excess emissions identified by

plant personnel, including, for example: (a) any exceedances of a permit limit, a New Source

Performance Standard (NSPS) limit, and/or a Consent Decree limit; (b) visible emissions from the

stack of the A or D Train SAPs in violation of regulatory and/or permit limits; (c) unpermitted,

significant leaking or "smoking" sulfuric acid plant equipment, piping, or duct work; and (d)

unpermitted, significant releases ofprocess gas to the atmosphere (other than through the plant stack).

Mosaic in!ends to review and revise these requirements, as appropriate, when the A and D Trains

become subject to additional emission limitations and reporting requirements under the Consent

Decree.

6.0 TURNAROUND INSPECTIONS AND REPAIRS

Planned major maintenance turnarounds of the SAPs typically occur approximately every 2 years.

However, it is Mosaic's ongoing goal to increase the times between tum8!0unds through its routine
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 9 of 29

August 2009 ·6·

repair, maintenance, and inspection program. Therefore, the time between turnarounds could increase

in the future.

Turnarounds represent an opportunity to address operational issues identified from the previous

turnaround inspections, as well as operational problems that have developed since the last turnaround

and could not be addressed during nonnal operation. Prior to each planned shutdown, a work list is

developed for detailed inspection, repair,and testing of equipment to maximize unit operation until

the next planned shutdown.

Maintenance activities that are typically perfonned during planned unit shutdowns of A and 0 Trains

are listed below. The activities for each planned shutdown are detennined by maintenance and

operations personnel prior to each shutdown. Where possible, maintenance is performed on the

equipment while the unit is still in operation.

Mecbanical

• Converter - screen catalyst; inspect vessel, ducts, and support structure;

repair as needed.

• Heat exchangers/Economizers/Superheaters - chemical cleaning; inspect

shell, tubes, ducts, dampers; repair as needed.

• Waste heat boiler/Converter boiler - chemical cleaning; inspect pressure

shell, tubes, ducts, dampers; repair as needed.

• Steam drum chemical cleaning; inspect internal piping, plates and steam

separators, shell, safety valves, etc.; repair as needed.

• Sulfur Furnace - inspect refractory and burner, ducts; repair as needed.

• Filter House - inspect frame and structure.

• Steam turbine - inspect, overhaul as needed.

• Main blower - inspect/repair as needed.

• Absorption Towers - inspect/wash! repair as needed mist eliminator section,

distribution system, structure and packing.

• Stack - inspect ducts, joints, drain; repair as needed.

• Acid coolers - inspect shell and nozzles, condition of water channels;

perfonn eddy current testing; repair as needed.

• Pump tanks- inspect; repair as needed.

• Valves - repair/refurbish as needed.

• Relief valves - service or replace as required.

• Duct leaks, steam leaks, vessel repairs as needed.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 10 of 29

August 2009

•

•

Electrical

•

•

•

·7·

Inspect towers and vessels due for inspection per the ultrasonic thickness

'testing program for corrosion and integrity ofinternal attachments.

Inspect piping due for inspection per the ultrasonic thickness testing program

for metal loss (most piping is inspected while the unit is in operation).

Check all interlocks, replace as needed.

Replace thennocouples (converter and heat exchangers).

Calibrate field instruments.

• Reset vibration monitors.

• Check rotameteTs.

• Check sight glasses.

• Check level control~.

• Control valves - rebuild/recondition.

• Check levels controllers.

• Conduct infrared inspections.

Internal inspections during turnarounds can identifY action items for the next scheduled turnaround.

Upgraded instrumentation can be installed during turnarounds to gain better control over the process

to operate more efficiently.

7.0 PREVENTATIVE MAINTENANCE PROGRAM

Mosaic's preventative maintenance (PM) program is designed: (1) to minimize the downtime

associated with the A and 0 Trains, in order to maximize operations and minimize excess emissions

and emissions due to startups and shutdowns; and (2) to prevent significant leaks from process

equipment in order to protect plant personnel and the surrounding community from potentially

hazardous· situations and to minimize emission into the atmosphere. Both fIXed equipment (I.e.,

tanks, vessels, ducts, etc.) and rotating equipment (turbines, pumps, motors, etc.) are addressed in the

PM program. The PM program includes the following main elements:

• Turbine - check oil level periodically;

• Process Vessels and sulfuric acid piping - External visual andlor ultrasound

thickness scan annually;

• Process Vessels - internal inspection (per turnaround cycle);
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 11 of 29

August 2009

•

•

•

•

•

•

•

•

•

•

- 8-

Sulfur furnace, boiler shells, and steam drum - External visual inspection

annually;

Sulfur furnace, boiler shells, and steam drum - ultrasound thickness survey

and internal inspection (per turnaround cycle);

Vessels - internal inspections per turnaround cycle;

Above ground storage tanks - monthly external visual inspection;

Analyzers - calibrate and clean monthly;

Interlocks - checked monthly;

Acid coolers - infrared inspection quarterly;

Pumps and Motors - inspection frequency based on equipment best

practices;

Critical meters - maintenance monthly; and

Visual stick test to detect SAM emissions carryover from each drying and

absorption tower - monthly.

.-:. ---- ..... __ ._.

All maintenance activities, except the results of the visual stick tests, are entered into the Mosaic

computerized maintenance management system (CMMS), which is a computer-based software

system. The CMMS contains equipment history, storage and requisition data, and spare parts data.

Repair work orders are created through the CMMS. Preventative maintenance generates from the

CMMS through daily and weekly schedules ofrepair and maintenance.

7.1 Fixed Equipment

7.1.1 External Visual Inspection

The primary reasons for perfonning external visual inspections ofprocess vessels, piping, and process

tanks are:

• To detennine the type, rate, and causes of any deterioration present that may

negatively affect their mechanical integrity and/or service perfonnance; and

• To detennine if any maintenance work is required to maintain the equipment

in a safe operating condition.

Inspections are performed by inspectors qualified in accordance with American Petroleum Institute

(API) 510, 570, 653, or American Society of Non Destructive Testing (ASNT SNT TC-IA)

depending on the type of inspection conducted or type of equipment or piping being inspected. The

external visual inspection results are documented in either an external inspection checklist or as part
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 12 of 29

•

.,~- .', .'. ,-.~

August 2009 - 9 .

of an internal inspection report memo, The report is completed and dated by the inspector(s)

performing the external visual inspection. It is reviewed by the inspection supervisor or authorized

representative, The completed report is filed in the equipment inspection history file located in the

CMMS.

Whenever a condition requiring additional work or an inspection recommendation is submitted by the

inspector(s) as a result ofthe inspection, the inspector(s) initiates a work order.

7,1.2 Internal Visual Inspection

The primary reasons for performing an internal visual inspection are:

To detennine if the essential sections of the vessel are safe to operate until

the next inspection;

• To determine the type, rate and causes of any deterioration present which

may negatively affect its mechanical integrity; and

• To determine if any maintenance work is required to maintain the process

vessel in a safe operating condition.

Inspections are perfonned by Inspectors qualified in accordance with API 510, 570. 653, or ASNT

SNT TC-I A depending on the type of inspection conducted or type of equipment or piping being

inspected. Process vessels are visually inspected internally per turnaround cycle. Process storage

tanks (Pump tanks) are also inspected internally per turnaround cycle.

Exceptions to this practice occur when this interval is extended due to the satisfactory results of a

risk·based inspection assessment or' an ultrasonic on-stream survey has substituted the internal

inspection as permitted and outlined in the applicable API standard,

The inspection results are documented in an inspection report memo. The report is completed and

dated by the inspector(s) performing the internal visual inspection, It is reviewed by the inspection

supervisor or authorized representative. The completed report is tiled in the equipment inspection

history me located in the CMMS.

Whenever a condition requiring additional work or an inspection recommendation is submitted by the

inspector(s) as a result ofthe inspection, the inspector(s) initiates a work request.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 13 of 29

August 2009 . 10·

7.1.3 Ultrasonic Thickness Survey

A representative number of thickness measurements are taken on process vessels via the ultrasonic

thickness techniques for remaining wall thickness every 10 years or at one-half the estimated

remaining corrosion~rate life, whichever is less; Ultrasonic thickness surveys are performed on

selected piping circuits, as needed, at the discretion of the inspection department. The ultrasonic

thickness survey is prompted by a maintenance work order or by a review of the equipment

inspection history file or by the "Inspection Due" command in the CMMS.

The ultrasonic thickness surveys are performed by Inspectors qualified in accordance with ASNT

SNTTC-IA.

The ultrasonic thickness survey results are documented in an ultrasonic thickness survey data

inspection report. The report is completed and dated by the inspector(s) perfonning the ultrasonic

thickness survey. It is reviewed by the Inspection Supervisor or authorized representative. The

completed report is filed in the equipment inspection history file located in the inspection department.

The data is put into the CMMS history file for that particular equipment.

Whenever a condition requiring additional work or an inspection recommendation is submitted by the

inspector(s) as a result ofthe inspection, the inspector(s) initiate a work request.

7.2 Rotating Equipment

The maintenance department performs detailed preventive maintenance on all pumps and blowers in

the A and D Trains. Work orders for preventive maintenance are generated automatically by the

CMMS. The preventive maintenance tasks include checking the coupling condition and alignment,

changing Qil in the equipment along with a visual check of the used oil, checking bearing clearances,

checking for excess play in the motor and pump shafts, and checking the condition ofthe mechanical

seal or packing.

The results ofthe checks are recorded on an equipment inspection sheet. The equipment inspection

sheet is located in the maintenance procedures. The sheets are retained for at least 5 years.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 14 of 29

August 2009

7.3 Instrumentation

SAP maintenance personnel test instrumentation for the Emergency Shutdown System (ESS) for

proper operation. The testing is conducted in accordance with a written procedure/checklist. All

system inputs, outputs, and settings are checked with the system online. Deficiencies are corrected at

the time of the inspection where possible or work orders are written, and all data is entered into the

CMMS.

8.0 PREDICTIVE MAINTENANCE PROGRAM

The Predictive Maintenance Program (PMP) includes programs for both rotating equipment (pumps,

blowers, fans, motors) and fixed equipment (process vessels, piping, process tanks). These programs

are used to predict equipment condition and failures so that appropriate preventive measures can be

taken, or so repairs can be scheduled prior to a failure. These programs, along with a comprehensive

list of plant-wide preventive and predictive maintenance programs, are also detailed in the Mosaic

CMMS and the Maintenance Work Flow model.

8.1 Rotating Equipment

8.1.1 Vibration Analysis Progrnm

The vibration analysis program is limited to the steam turbine, main blower, and all pumps in the

A and D Trains. It includes routine machinery vibration monitoring, detailed vibration analysis, and

repair follow-up work as required. The purpose of the vibration analysis program is to monitor

equipment vibration on a regular basis, compare current readings to historical data, and identify

potential equipment failures so that proper maintenance can be scheduled before the failure.

The data is collected and analyzed by the maintenance PM group. The PM group consists oftwo or

three experienced technicians under the supervision of the PM Foreman. The technicians receive

training on the vibration analysis system and on vibration data collection.

The steam turbine and the main blower are each monitored daily for vibration. Pumps and motors

and less critical equipment are monitored monthly. Vibration readings are taken using hand-held

piezoelectric accelerometers. Readings are normally taken on all bearing planes (horizontal, vertical,

axial). The equipment is monitored according to a specific sequence and the information is stored in
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 15 of 29

August 2009

the data collector that the PM technician carries. Local panel readings for vibration and temperature,

where applicable, are also entered into the data collector. The data is then uploaded into the vibration

analysis computer system.

The PM group enters alann settings for each reading based on manufacturer recommendations,

historical data, and industry guidelines. The analysis software alerts technicians when alarm settings

have been reached, indicating the need for detailed analysis. A contractor maintains the PMP

computerized system.

Detailed analysis may include collecting more precise data, consulting manufacturers or vibration

analysis experts, or using the experience of the PM group. Ifthe analysis indicates that corrective

action must be taken, the PM technician writes a work order to correct the deficiency. Baseline data

for the program changes if corrective action is taken on the equipment and this is incorporated into

the program the next time the equipment is monitored. The vibration data is stored on a network

drive for at least I year.

The table below provides a brief summary of the rotating equipment vibration analysis program.

More detailed infonnation is available in the Mechanical Integrity Program.

Records Records

EouiDment Freauencv Retained Location i\ctivitv l)escrintlon

Steam Turbine Daily Vibration Vibration Monitor vibration and enter into the CMMS.

and Main Blower History analysis

computer files

Pumps Monthly . Vibration Vibmtion Pumps are added to the vibration analysis

History analysis program at the discretion ofthe

computer files Maintenance PM Foreman. The decision is

based on the pwnp type, size, and criticality.

Typically, all pumps in the SAPs are . monitored except the following: 1. Small

pumps such as gear lube oil or injection

I Dumos; 2. Submersible oumos.

Motors Monthly Vibration Vibration Motors are added to the vibration analysis

History analysis program at the discretion ofthe

computer files Maintenance PM Foreman. The decision is

based on the size and horsepower rating of

the motor, and on the criticality ofthe

equipment being driven. Motors not

typically included in the vibration

monitoring program include: 1. Small

motors (less than 10 hp)j 2. Non~processrelated motors.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 16 of 29

August 2009 - 13-

9.0 SPARE PARTS

The Uncle Sam Plant utilizes a computer-based storeroom inventory system, which is integraJ to the

CMMS. Plant operations and maintenance supervisors detennine critical spare parts inventory based

on supplier recommendations, historical usage, and market conditions (availability). The plant

storeroom manager then ensures the required inventory is set-up and maintained by the storeroom

inventory system for automatic re-order at the desired minimum-inventory order point. A large

number of spare parts are maintained in inventory for the SAPs. They will not be listed in this

manual because (a) space required, (b) the list is changed as appropriate, and (c) the current list of

parts is readily available to all supervisors on the computerized storeroom inventory system.

10.0 PLAN RESPONSIBILITIES

This O&M Plan will be updated at least every 3 years, as required by the Consent Decree. The O&M

Plan for A Train will need to be updated once the S02 scrubbing system is installed and operating, in

order to reflect operations and maintenance ofthe SAP and the S02 scrubbing unit itself. Since the

S~ scrubbing unit has not yet been installed and is not operational, an O&M Plan including it cannot

be developed at this time.

Improvements from optimization studies and routine process optimizations will be included in any

updates to the O&M Plan. The Environmental Manager will be responsible for updating and

coordinating the infonnation contained in the plan.

Applicable operation and maintenance records shall be maintained for a period of 5 years in order to

demonstrate to the regulatory agencies that the O&M Plan is fully implemented.
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 17 of 29

APPENDIXB

MOSAIC UNCLE SAM FACILITY: A TRAIN

Continuous Emission Monitoring System ("CEMS") Plan for sulfur dioxide ("S02") Emissions

Mosaic Fertilizer Single Absorption Sulfur Burning Plant with Amine Based Regenerative Gas

Absorption System

Principle

This CEMS Plan is the mechanism for determining compliance with all 802 emission limits in the Consent

Decree for Mosaic's A Train. The methodology described in this CEMS Plan will provide a continuous

reat-time indication of compliance with the emission limits established in the Consent Decree by

continuously determining the emission rate both in terms of pounds of 802 emitted per unit of time and

pounds of 802 emitted per ton of 100% Sulfuric Acid Produced ("Ib/ten"). The system will utilize three

analyzers: one to measure stack S02 concentration, one to measure stack oxygen ("02") concentration,

and one to measure stack volumetric flow rate. From these data, the emission rate, expressed as both

pounds per unit of time and Ib/ton, will be directly calculated using Equations 1, 2, and 3 below. For the

purposes of this Plan, Standard Conditions are a temperature of 68°F and a pressure of 14.696 psia.

Equation 1:

M 8O,S/ack = QStack •Cs

Equation 2:

pTansH,SO.

Equation 3:

Q••" '(0.264-0.0126.%0, -7.61.Cs)

S

E = MSO,Slack = QStack ·Cs·S

Ihllan PT(}~HlS0, QStllCk .(0.264-0.0126.%02 -7.61.Cs)

Where:

p

TansH, 8O,

Mso,Slack

QSlack

%0,

Cs

s

=100% Sulfuric Acid Production, tons per unit of time

=Mass S02 stack emission rate, Ib per unit of time

= Volumetric flow rate of stack gas, dry standard cubic feet (DSCF) per

unit of lime

=Stack O2concentration, percent by volume dry basis

=Stack S02 concentration, Ib/DSCF (to convert parts per million ("ppm")

by volume, dry basis (ppm) to IbIOSCF, multiply by 1.661)110'7)

=Ib S02 per ton 100% Sulfuric Acid Produced

=the acid production rate factor, 11,800 DSCFrron of 100% Sulfuric Acid

Produced;

The mass emission rate equation (Equation 1) calculates the S02 mass emission rate by multiplying the

total stack gas flow rale by the stack S02 concentration. The 100% Sulfuric Acid Production Rate

equation (Equation 2) is based on a material balance of the contact process and the fact that the ratio of

oxygen to nitrogen of the incoming air is fixed. The Ib/lon equation (Equation 3) is the ratio of the mass

S02 emission rate to the 100% Sulfuric Acid Production Rate.

Page Lof6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 18 of 29

The benefit of using this method is the ability to obtain continuous information regarding the S02 mass

emission rate, the fact that Ib/ton measurements will be "weighted" based on the flow rate during each

measurement, and the elimination of errors associated with measuring sulfuric acid flow and using

converter inlet Reich testing.

Definitions

Terms used in this CEMS Plan that are defined in the Clean Air Act ("CAA") or in Federal or state

regulations promulgated pursuant to the CM shall have the meaning assigned to them in the CM or

such regUlations, unless otherwise defined in the Consent Decree. The terms used in this CEMS Plan

that are defined in the Consent Decree shall have the meaning assigned to them therein.

Emissions Monitoring

Emissions monitoring will be accomplished using an O2analyzer at the exit stack, an S02 analyzer at the

exit staCk, and a stack flow rate analyzer. Except for analyzer malfunctions, associated repairs, and

required quality assurance or control activities (including calibration checks and required zero and span

adjustments), Mosaic continuously will conduct monitoring during ail Operating Periods:

• Once every minute, the analyzers will measure the stack S02 concentration (lbJDSCF), the stack

O2concentration (percent by volume, dry) and the volumetric flow rate (DSCF per minute).

• Every 15 minutes, the CEMS will reduce the 15 one-minute measurements generated by each

analyzer by taking the arithmetic average of the previous 15 measurements.

• During routine calibration checks and adjustments of the analyzers, the S02, O2, and flow rate

measurements will be "frozen" at their pre-caJibration level and this measurement will be used to

fill in the data gaps that occur pending completion of the calibration checks and adjustments.

• if anyone or more than one analyzer is/are not operating for a period of 24 hours or greater,

Mosaic will comply with the follOWing requirements to fill in data gaps in the array:

o Exit stack gas will be sampled and analyzed for S02 at least once per hour, during aU

Operating Periods. Sampling will be conducted by Reich test or other established

method (e.g., portable analyzer). The most recent hourly reading will be substituted for

the four 15~minute average measurements that would otherwise be utilized if the analyzer

were operating normally.

o O2in the exit stack gas will be sampled and analyzed at least once per hour, during all

Operating Periods. Sampling will be conducted by Orsat test or other method (e.g.,

. portable analyzer). The most recent hourly reading will be substituted for the four 15~

minute average measurements that would otherwise be utilized if the analyzer were

operating normally.

o Stack volumetric flow rate will be estimated using engineering jUdgment.

• If anyone or more than one analyzer islare not operating for a period of less than 24 hours,

Mosaic will either: (I) follow the requirements set forth for a 24 M hour or greater period of

downtime to fill in the data gaps; or (Ii) use the data recorded for the reading immediately

preceding the affected analyzer's(s') stoppage to fill in the data gap.

• In order to secure data on a "dry basis," Mosaic may either:

(i) directly measure the moisture content using a moisture analyzer; or

Page 2 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 19 of 29

(ii) for saturated gas streams only, measure the stack temperature using a stack

temperature sensor at the time of each S02 measurement and determine the moisture

content using a psychrometric chart or standard text water vapor pressure correlation.

Emissions Calculations

Rolling 3-Hour Average

For purposes of calculating a roiling 3-hour average, the CEMS will maintain an array of the 12 most

recent 15-minute average measurements of each of the three monitored parameters. Every fifteen

minutes, it will add the most recent readings to the array and exclude the oldest readings.

The rolling 3-hour average Iblton S02 emission rate (E3hruvg) will then be calculated every 15

minutes using Equation 4.

Equation 4:

12

S'LQ'«k"Cs,

E I-I3hroYg = 12

LQ.,~, .(0.264-0.0126·%0>; -7.61.Cs,)

,.,

Where:

S

=Arithmetic average of 15 one-minute measurements of stack O2

concentration, percent by volume dry basis at interval "I'

= Arithmetic average of 15 one-minute measurements of stack S02

concentration, Ib/DSCF at interval "(

=Arithmetic average of 15 one-minute measurements of stack volumetric

flow rate, DSCF per minute at interval "f

=the acid production rate factor, 11,800 DSCFfTon of 100% Sulfuric Acid

Produced;

=3-hour average Jb S02 per ton 100% Sulfuric Acid Produced

Startup Stack 502Concentration, Following any Startup, the average stack S02 concentration

! C4hrSlar1llp) during the 4-hour Startup will be calculated using Equation 5.

Equation 5;

1

C4hrS/OrlkP = 1.661 X 10'7

Where:

LCS1QSlacki

"

;",1

= Arithmetic average of 15 one-minute measurements of stack S02

concentration, Ib/DSCF at interval "f

= Arithmetic average of 15 one-minute measurements of stack volumetric flow

rate, DSCF per minute at interval "i"

Page 3 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 20 of 29

n

Cs,

MsOzdtzy

,,':,

C =Average stack S02 concentration during the 4-hour Startup, ppm 4hrSral'/up

1.661 x10-7 =Conversion factor in units of Ib/DSCF S02 per ppm

Daily Mass of S02 Emissions,

For the purposes of calculating the daily mass of S02 emissions, the CEMS will maintain an array of

all 15-minute average measurements of the S02 concentration at the exit stack and the volumetric

flow rate of the exit stack taken during all Operating Periods between 6:00 am local time each Day

and 6:01 am local time the previous Day.

After 6:00 am local time each Day, the daily mass of S02 emissions (Msozdtzy) will be calculated

using Equation 6.

Equation 6:

" M SOzdtzy =LQSracki ·Cs, ·15min i~1

Where:

=Arithmetic average of 15 oneMminute measurements of stack S02

concentration, tb/DSCF at interval ur =Arithmetic average of 15 one-minute measurements of stack volumetric flow

rate, DSCFM at interval ~r

= Dally mass emissions of S02,. Ib

=Number of 15Mminute average measurement intervals between 6:00 am local

time on a given Day and 6:01 am local time the previous Day.

12-Month Rolling Sum of Mass SOl Emissions.

After 6:00 am local time on the last Day of each Month, the 12~Month rolling sum mass of S02

emissions (MSOz

12MaSu»t) will be calculated using Equation 7:

Equation 7:

,

MSOzI2Ma,s"ItI = LMSOIDayj • j"\

Where:

M = Daily mass emissions of S02 calculated for Day ',/, Ib

SOI Dl1)Ij

d =Number of Days in the preceding 12 calendar months

M =12MMonth rolling sum of S02 emitted into the atmosphere, lb S0112M~Sulti

Page 4 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 21 of 29

Rounding of Numbers resulting from Calculations

Upon completion of the calculations, the final numbers shall be rounded as follows:

E . Rounded to the nearest tenth. 3hravg .

C . Rounded to the nearest whole number (I.e., 1 ppm) 4hrSll1r/up'

M SOlI2MoSum: Rounded to the nearest one-hundredth of a, ton (i.e., 20 Ib).

The number "5" shall be rounded up, Thus, a short-term rate of 1.05011 shall be rounded to 1.1.

Compliance with Consent Decree S02 Limits

Short-Term SOol Limits

The Short-Term Limit does not apply during periods of Startup, Shutdown, or Malfunction. During

all other Operating Periods, Mosaic will be in compliance with the Short-Term S02 Consent Decree Limit

if E3hra.g does not exceed the applicable Short-Term Limit provided or established pursuant to

Paragraph 8 of the Consent Decree. Mosaic will determine initial compliance with the Short-Term Limit

following Startup 3 hours after the completion of the 4-hour Startup period (i.e. after the seventh hour

following the commencement of sulfur feed). If Mosaic contends that emissions dUring a Malfunctlon(s)

resulted in a calculated 3-hour rolling average emission rate(s) In excess of the applicable Short-Term

limit provided or established pursuant to Paragraph 8 of the Consent Decree after the period of the

Malfunctlon(s) end(s), Mosaic shall recalculate E3Jlra.g to exclude measurements recorded during the

period(s) of the claimed Malfunction(s).

New Source Performance Standards ("NSPS') SOl Limits

The NSPS limit does not apply during periods of Startup, Shutdown, or Malfunction. During all

other Operating Periods, Mosaic will be in compliance with the NSPS Limit if Elhravg does not exceed

4.0 Ib of S02 per ton of 100% Sulfuric Acid Produced. Mosaic will determine inilial compliance with the

NSPS Limit following Startup 3 hours after the completion of the 4-hour Startup period (I.e. after the

seventh hour following the commencement of sulfur feed). If Mosaic contends that emissions during a

MaJfunction(s) resulted In a calculated 3-hour rolling average emission rate(s) in excess of 4.0 lblton after

the period of the Malfunction(s) end(s), Mosaic shall recalculate E3hravg to exclude measurements

recorded dUring the period(s) of the claimed Malfunctlon(s).

Startup SOi Emission limits

Mosaic will be in compliance with the 802emission limits during Startup if C4hrSlanup during

Startup does not exceed 500 ppm.

Mass Cap for SOz.

Mosaic will be in compliance with the Mass Cap each Month that the 12-month roiling sum

(MSO

l

12Mo SlIm) does not exceed the applicable Mass Cap provided or established pursuant to

Paragraph 8 of the Consent Decree.

Page 5 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 22 of 29

Retention of All CEMS Data. Including Data during startub. Shutdown. and Malfunction

Mosaic will retain all data generated by its S02 analyzer, O2analyzer, and stack flow analyzer, including

all data generated during Startup, Shutdown, and/or Malfunction ("SSM") of the Sulfuric Acid Plant in

accordance with Section XII (Information Collection and Retention) of the Consent Decree.

Analyzer Specifications

The three analyzers will meet the following specifications:

Table 1

Parameter Location Range

S02, IblDSCF Stack Dual range:

Normal: o - 500 ppm 502

SSM: a - 3,600 oom SO,

02, percentage, Stack Single range: 0- 20.9 % O2

dry basis

Volumetric flow Stack 13% to 125% of the maximum

rate, DSCFM expected volumetric flow rate

The stack 502analyzer will meet all applicable requirements of40 C.F.R. §§ 60.11, 60.13, 40 C.F.R.

Part 60, Appendix B, Performance Specification 2, and the Quality Assurance and Quality Control

Procedures in 40 C.F.R. Part 60, Appendix F, Procedure 1.

The stack O2analyzer will meet 40 C.F.R. Part 60 Appendix B, Performance Specification 3 and the

Quality Assurance and Quality Control Procedures in 40 C.F.R. Part 60, Appendix F, Procedure 1.

The volumetric flow rate analyzer will meet 40 C.F.R. Part 60, Appendix B, Performance Specification 6

and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part 60, Appendix F, Procedure

1. Tumdown ratio on the volumetric flow rate analyzer is 8/1, which sets the 13% minimum flow range.

Compliance with the NSPS: 40 C.F.R. Part 60. Subpart H

In addition to the reqUirements in this GEMS Plan, Mosaic also will comply with all of the requirements of

the NSPS relating to monitoring except that, pursuant to 40 C.F.R. § 60.13(1), this CEMS Plan will

supersede the follOWing provisions of40 C.F.R. Part 60, Subpart H:

• The re~uirement at 40 C.F.R. § 60.84(a) that the stack 802analyzer have a span value of 1000

ppm. In lieu of this, Mosaic will utilize the span values specified in Table 1above; and

• The procedures specified at 40 C.F.R. § 60.84(b) for converting monitoring data into the units of

the applicable standard. In lieu of this, Mosaic will utUize the procedures specified in this CEMS

Plan for calculating compliance with the NSPS 3-hour average limit.

Page 6 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 23 of 29

APPENDIXC

MOSAIC UNCLE SAM FACILITY: 0 TRAIN

Continuous Emission Monitoring Systems ("CEMS") Plan for sulfur dioxide ("802") Emissions

Mosaic Fertilizer Dual Absorption Sulfur Burning Plant

Principle

This CEMS Plan is the mechanism for determining compliance with all S02 emission limits in the Consent

Decree fOr Mosaic's D Train. The methodology described in this CEMS Plan will provide a continuous

real~tjme indication of compliance with the emission limits established in the Consent Decree by

continuously determining the emission rate both in terms of pounds of S02 emitted per unit afUme and

pounds of S02 emitted per ton of 100% Sulfuric Acid Produced (Ulb/ton"). The system will utilize three

analyzers: one to measure stack S02 concentration, one to measure stack oxygen ("02") concentration,

and one to measure stack volumetric flow rate. From these data, the emission rate, expressed as both

pounds per unit of time and Iblton, will be directly calculated using Equations 1, 2, and 3 below. For the

purposes of this Plan, Standard Conditions are a temperature of 68°F and a pressure of 14.696 pounds

per square foot absolute ("psia").

Equation 1:

Equation 2:

p _ Q""<k .(0.264-0.0126·%0, -7.61.Cs) TOIl!1Hl SO, - S

Equation 3:

QSl<ICk •Cs .S

=Q""d< .(0.264-0.0126.%0, -7.61.Cs)

Where:

PTrmsHlSO,

MSChSlac!<

QSIOc!<

0/.0,

Cs

s

=100% Sulfuric Acid Production, tons per unit of time

=Mass S02 stack emission rate, Ib per unit of time

=Volumetric flow rate of stack gas, dry standard cubic feet (DSCF) per

unit of time

=Stack O2concentration, percent by volume dry basis

=Stack S02 concentration, Ib/DSCF (to convert parts per million by

volume, dry basis (ppm) to Ib/DSCF, multiply by 1.661x10·7)

=Ib S02 per ton 100% Sulfuric Acid Produced

=the acid production rate factor, 11,800 DSCF/Ton of 100% Sulfuric Acid

Produced;

The mass emission rate equation (Equation 1) calculates the 802mass emission rate by multiplying the

total stack gas flow rate by the stack S02 concentration. The 100% Sulfuric Acid Production Rate

equation (Equation 2) is based on a material balance of the contact process and the fact that the ratio of

Page 1 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 24 of 29

oxygen to nitrogen of the incoming air is fixed. The Iblton equation (Equation 3) is the ratio of the mass

SOz emission rate to the 100% Sulfuric Acid Production Rate.

The benefit of using this method is the ability to obtain continuous Information regarding the SOz mass

emission rate, the fact that Iblton measurements will be Uweighted" based on the flow rate during each

measurement, and the elimination of errors associated with measuring sulfuric acid flow and using

converter inlet Reich testing.

oeftnItlons

Terms used in this CEMS Plan that are defined In the Clean Air Act rCM") or in Federal or state

regulations promulgated pursuant to the CM shall have the meaning assigned to them in the CM or

such regulations, unless otherwise defined in the Consent Decree. The terms used in this CEMS Plan

that are defined in the Consent Decree shall have the meaning assigned to them therein.

Emissions Monitoring

Emissions monitoring will be accomplished using an O2 analyzer at the exit stack, an S02 analyzer at the

exit staCk, and a stack flow rate analyzer. Except for analyzer malfunctions, associated repairs, and

required quality assurance or control activities (Including calibration checks and required zero and span

adjustments), Mosaic continuously will conduct monitoring during all Operating Periods:

• Once every minute, the analyzers will measure the stack S02 concentration (lblDSCF), the stack

O2 concentration (percent by volume, dry) and the volumetric flow rate (DSCF per minute).

• Every 1S minutes, the CEMS will reduce the 1S one-minute measurements generated by each

analyzer by taking the arithmetic average of the previous 1Smeasurements.

• DUring routine calibration checks and adjustments of the analyzers, the SOz, O2, and flow rate

measurements will be Ufrozen" at their pre--ealibratlon level and this measurement will be used to

fiU in the data gaps that occur pending completion of the calibration checks and adjustments.

• ,If anyone or more than one analyzer isfare not operating for a period of 24 hours or greater,

Mosaic will comply with the following requirements to fin in data gaps in the array:

o Exit stack gas will be sampled and analyzed for 502 at least once per hour, during all

Operating Periods. Sampling will be conducted by Reich test or other established

method (e.g., portable analyzer). The most recent hourly reading will be substituted for

the four 1S-minute average measurements that would otherwise be utilized if the analyzer

were operating normally.

o . Oz in the exit stack gas will be sampled and analyzed at least once per hour, during all

Operating Periods. Sampling will be conducted by Orsat test or other method (e.g.,

portable analyzer). The most recent hourly reading will be substituted for the four 15-

minute average measurements that would otherwise be utilized if the analyzer were

operating normally.

o Stack volumetric flow rate will be estimated using engineering judgment.

• If anyone or more than one analyzer is/are not operating for a period of less than 24 hours,

Mosaic will either: (i) follow the requirements set forth for a 24-hour or greater period of

downtime to fill in the data gaps; or (Ii) use the data recorded for the reading immediately

preceding the affected analyzer's{s') stoppage to fill in the data gap.

• Stack gases from the 0 Train are assumed to be dry.

Page 2 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 25 of 29

Emissions Calculations

Rolling 3-Hour Average

For purposes of calculating a roiling 3-hour average, the CEMS will maintain an array of the 12 most

recent 15-minute average measurements of each of the three monitored parameters. Every fifteen

minutes, it will add the most recent readings to the array and exclude the oldest readings.

The rolling 3-hour average Iblton 502 emission rate (E3hrovg) will then be calculated every 15

minutes using Equation 4.

Equation 4:

Where:

s

=Arithmetic average of 15 one-minute measurements of stack O2

concentration, percent by volume dry basis at interval"f

=Arithmetic average of 15 one-minute measurements of stack 502

concentration, lb/DSCF at interval "f

= Arithmetic average of 15 one-minute measurements of stack volumetric

flow rate, OSCF per minute at interval "I'

=the acid production rate factor, 11,800 DSCFfTon of 100% Sulfuric Acid

Produced;

=3-hour average lb 502 per ton 100% Sulfuric Acid Produced

Rolling 365-day Average

For tile purposes of calculating the rolling 365-day average Iblton 502 emission rate, the CEMS will

maintain an array of all 15-minute average measurements of the 502 concentration at the exit stack,

O2 concentration at the exit staCk, and the volumetric flow rate of the exit stack taken over ail

Operating Periods between 6:00 am local time each Day and 6:01 am local time 366 Days prior,

Every Day, the 15-minute average measurements taken between 6:00 am local time on that Day and

6:01 am local time the previous will be added to the array and the 15-mlnute average measurements

taken between 6:00 am local time on the oldest Day and 6:01 am local time the Day previous to the

oldest Day will be excluded.

After 6:00 am local time each Day, the S02 emission rate as Iblton, averaged over a rolling 365-day

period (E36S-da)iAvg) will be calculated using Equation 5.

Equation 5:

" S· L.Q.~,,'CS,

E36S-daYA.K = " i_I

L.Qs<~" ,(0.264-0,0126,%0" -7.61'Cs,)

,.,

Page 3 of6

J

,
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 26 of 29

Where:

Cs,

QSJackl

s

n

'" Arithmetic average of 15 one-minute measurements of stack O2

concentration, percent by volume dry basis at interval"f

'" Arithmetic average of 15 one-minute measurements of stack 502

concentration, IblDSCF at interval"f

'" Arithmetic average of 15 one-minute measurements of stack volumetric

flow rate, DSCF per minute at interval"f

'" the acid production rate factor, 11.,800 DSCFfTon of 100% Sulfuric Acid

Produced;

'" the number of 15-minute measurement intervals between 6:00 am local

time on a given Day and 6:01 am local time 366 Days prior.

=365-day rolling average lb S02 per ton of 100% Sulfuric Acid Produced on

a given Day over all Operating Periods between 6:00 am local time on

that Day and 6:01 am local time 366 Days prior.

Daily Mass of SO:?, Emissions.

For the purposes of calculating the daily mass of 502emissions, the CEMS will maintain an array of

all 15-minute average measurements of the 502concentration at the exit stack and the volumetric

flow rate afthe exit stack taken during aU Operating Periods between 6:00 am local time each Day

and 6:01 am local time the previous Day.

After 6:00 am local time each Day, the daily mass of S02 emissions (MSO,day) will be calculated

using Equation 6.

Equation 6:

m

M SO,day = LQSillCtl' CSt ·15min

/..1

Where:

m

=Arithmetic average of 15 one-minute measurements of stack 502

concentration, Ib/D5CF at interval "f

=Arithmetic average of 15 one-minute measurements of stack volumetric flow

rate, DSCFM at interval "f

=Daily mass emissions of 502, Ib

= Number of 15-minute average measurement intervals between 6:00 am local

time on a given Day and 6:01 am local time the previous Day.

12-Month Rolling Sum of Mass SO" Emissions.

After 6:00 am local time on the last Day of each Month, the 12-Month roJUng sum mass of S02

emissions (MSO,12Mosum) will be calculated using Equation 7:

Equation 7:

,

M SO, 12Mo Sum = LMSO,dayj

j-I

Page 4 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 27 of 29

Where:

M SO,dayj

d

M SO,12MoSum

=Daily mass emissions of 502 calculated for Day oj', Ib

=Number of Days In the preceding 12 calendar months

=12-Month rolling sum of 502 emitted into the atmosphere, Ib

Rounding of Numbers resulting from Calculations

Upon completion of the calculations, the final numbers shall be rounded as follows:

E . Rounded to the nearest tenth. Jh,..,.g .

E . Rounded to the nearest hundredth. J6S-do)' Avg .

M SO,12MoSum: Rounded to the nearest one-hundredth ofa ton (i.e., 20 Ib).

The number "5" shall be rounded up. ThUS, a short-term rate of 2.2511 shall be rounded to 2.3.

Compliance with Consent Decree SOz Limits

Short·Term SOz limits

The Short-Term Limit does not apply during periods of Startup, Shutdown, or Malfunction

("SSM"). During all other Operating Periods, Mosaic will be In compliance with the Short-Term 502

Consent Decree Limit if E3h,..,.g does not exceed 3.5 Ib of 502 per ton of 100% Sulfuric Acid Produced.

If Mosaic contends that emissions during a Malfunction(s) resulted in a calculated 3-hour rolling average

emission rate(s) in excess of 3.5lb/ton after the period of the Malfunction(s) end(s), Mosaic shall

recalculate E3h,..,.g to exclude measurements recorded during the period(s) of the claimed

-Malfunction(s).

New Source Performance Standards ("NSP5") SOz Limits

The NSPS Limit does not apply during periods of Startup, Shutdown, or Malfunction. During all

other Operating Periods, Mosaic will be in compliance with the NSPS Limit if E3hravg does not exceed

4.0 Ib of 502 per ton of 100% Sulfuric Acid Produced. If Mosaic contends that emissions during a

Malfunction{s) resulted in a calculated 3-hour rolling average emission rate(s) in excess of 4.0 Ib/ton after

the period of the Malfunction(s) end(s), Mosaic shall recalculate E3

hra.g to exclude measurements

recorded during the perlod(s) of the claimed Malfunction{s).

Long-Term SOl Limits

Mosaic will be in compliance with the Long·Term 802 Consent Decree Limit each Day that

E,6s_auYA.g does not exceed 2.20 Ib of 502 per ton of 100% Sulfuric Acid Produced.

Mass Cap for 502

Mosaic will be in compliance with the Mass Cap each Month that the 12-month rolling sum

(MSOl12MoSum) is 884 tons (1,768,000 Ib) of 502 or less.

Page 5 of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 28 of 29

Retention of All CEMS Data. including Data during Startup. Shutdown, and Malfunction

Mosaic will retain all data generated by Its S02 analyzer. O2analyzer, and stack flow analyzer, including

all data generated during SSM of the Sulfuric Acid Plant in accordance with Section XII (Information

Collection and Retention) of the Consent Decree.

Analyzer Specifications

The three analyzers will meet the following specifications:

Table 1

Parameter Location Range

S02, JbJDSCF Stack DuaJ range:

Normal: o- 500 ppm S02

SSM: o- 3,600 oom SO

O2, percentage, Stack Single range: 0 - 20.9 % O2

dry basis

Volumetric flow Stack 13% to 125% of the maximum

rate, dry standard expected volumetric flow rate

cubic feet per

minute

("DSCFM")

The stack 502analyzer will meet all applicable requirements of 40 C.F.R. §§ 60.11,60.13, 40 C.F.R.

Part 60, Appendix B, Performance Specification 2, and the Quality Assurance and Quality Control

Procedures in 40 C.F.R. Part 60, Appendix F, Procedure 1.

The stack O2analyzer will meet 40 C.F.R. Part 60 Appendix B, Performance Specification 3 and the

Quality Assurance and Quality Control Procedures in 40 C.F.R. Part 60, Appendix F, Procedure 1.

The volumetric flow rate analyzer wiJl meet 40 C.F.R. Part 60, Appendix a, Performance Specification 6

and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part 60, Appendix F, Procedure

,.

Compliance with the NSPS: 40 C.F.R. Part 60. Subpart H

In addition to the requirements in this CEMS Plan, Mosaic also will comply with all of the requirements of

the NSPS relating to monitoring except that, pursuant to 40 C.F.R. § 60.13(i), this CEMS Plan will

supersede the following provisions of 40 C.F.R. Part 60, Subpart H:

.. The requirement at 40 C.F.R. § 60.84(a) that the stack 502 analyzer have a span value of 1000

ppm. In Heu of this, Mosaic will utilize the span values specified in Table 1 above; and

• The procedures specified at 40 C.F.R. § 60.84(b) for converting monitoring data into the units of

the applicable standard. In lieu of this, Mosaic will utilize the procedures specified in this CEMS

Plan for calculating compliance with the NSPS 3·hour average limit.

Page6of6
Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 29 of 29

APPENDIXD

A Train Interim Mass Caps between May 2013 and March 2014:

Month Interim Mass Can (tons)

May 2013 587

June 2013 570

Julv 2013 553

Au.ust 2013 536

September 2013 520

October 2013 503

November 2013 486

December 2013 469

January 2014 453

February 2014 436

March 2014 419