CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout

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. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 09-6662 Section: "D" Magistrate: (2)

CONSENT DECREECONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### 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 OFJURISDICTION......•.........•.......•.....••••.......•••...•..............•............... 48 XVIII. MODIFICATION 49 XIX. 

# xx. XXI.**TE~INATION** 

### ...........•............................................•....•....•.......................................... 49 PUBLIC PARTICIPATION..................•.....•........•.........•..............•.............•..•........•..... 50 

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

### XXII. INTEGRA.

### TI0 N........................•........•............................................................................ 51 

### xx.III. FINALJUDGMENT ........................................................................•............................. 51CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout WHEREAS, PlaintiffUnited States ofAmerica, on behalfofthe United States Environmental Protection Agency and the State ofLouisiana, on behalfofthe people ofthe State ofLouisiana and the Louisiana Department ofEnvironmental 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 ormodified the A Train and the D Train Sulfuric Acid Plants at a facility owned and operatedby 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 greaterthan emission levels at least equivalentto those that would result from the use ofBestAvailable 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 inthis ConsentDecree; 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
2CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout emission limitations required by this ConsentDecree will result in a reduction in emissions ofat least 7,612 tons ofS02 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 inthe Complaint orthis Consent Decree, nor the execution and implementation ofthis Consent Decree, shall be treated as an admission or evidence ofany 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 ofS02 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 ofany testimony, withoutthe adjudication or admission ofany issue offact 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 Courthasjurisdiction overthe subject matter ofthis action, pursuantto 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 Districtpursuantto 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


### 3CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 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'sjurisdiction overthe Defendant and any action to enforce this ConsentDecree, and to venue in thisjudicial district. Except as expressly provided for herein, this Consent Decree shall not create any rights in or obligations ofany Party otherthan the Plaintiffs and Defendant. 2. For purposes ofthis Consent Decree, Defendant agrees that the Complaint states claims upon which reliefmay be granted pursuantto Sections 111 and 165 ofthe Act, 42 U.S.C. §§ 7411, 7475 and/or pursuantto statelaw. 3. Notice ofthe commencement ofthis action has been given to the State ofLouisiana,
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 otherentities or persons otherwise bound by law. 5. At least 30 days priorto any transfer ofownership 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 ofownership 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,
4CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 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 ofbeing boundby the applicable terms ofthis Consent Decree; b. the transferee provides the United States and the State Plaintiffwith information sufficientto demonstrate that the transferee has the technical and financial means to comply withthe applicable obligations ofthis Consent Decree; and
c. The United States consents in writing to substitute the transferee for Defendantwith respectto such obligations. 6. In any action to enforce this ConsentDecree, 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 inthe Act or in federal and state regulations promulgatedpursuantto the Act shall have the meanings assigned to them in the Act
or such regulations, unless otherwise provided in this Decree. Wheneverthe 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 ifall sulfurtrioxide (S03) exiting the converterwere used to produce sulfuric acid monohydrate. Forpurposes ofthis definition, scrubberbyproduct (ifany) shall be considered to be included in "100% Sulfuric Acid Produced"
.
5CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmitted(or courtapproval) in redlinelstrikeout 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 of40 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 Planttail 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 (ifapplicable), to analyze, and to provide apermanent record ofemissions orprocess 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 Plaintiffin this action. h. "Consent Decree" or "Decree" shall mean this Consent Decree and all appendices attached hereto, but in the event ofany 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.
6· -- -- -- --- -'- --'- -'- -- '-":**--~** :-**:-~**
CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-material modifications (notsubmittedfor courtapproval) in redlinelstrikeout 

### 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 themeaning given in Paragraph 86.
n. "LDEQ" shall mean the Louisiana Department ofEnvironmental Quality.
o. "Long-Term Limit" shall mean a 365-dayrolling average sulfur dioxide emission limit expressed as pounds ofsulfur dioxide emittedperton ("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 ofStartup, Shutdown and Malfunction. p. "Malfunction" shall mean, consistent with 40 C.F.R. § 60.2, any sudden, infrequent, and notreasonably preventable failure ofairpollution 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 poormaintenance or careless operation. q. "Mass Cap" shall mean the maximum amount ofS02 emissions for each Sulfuric Acid Plant expressed in tons ofS02emitted during each 12-monthperiod consisting of the mostrecently 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 calendarmonth.
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
7CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submitted(or courtapproval) in redlinelstrikeout Operating Permit as Emission Unit 054. t. "NSR" shall mean aprogram for new source review under the Act. Specifically, "non-attainmentNSR" and "majorNSR" as used herein refer to the non-attainment
area new source review program within the meaning ofPart D ofSubchapter I ofthe Act, 42 U.S.C. §§ 7501-7515; "minorNSR" as used herein refers to any state, regional or local statutes, ordinances or regulations calling for review and approval ofnon-major new and modified
sources ofair pollution.
u. "NSPS" shall mean the standards ofperformance 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 ofShutdown.
x. "Paragraph" shall mean a portion ofthis ConsentDecree identified by an Arabic numeral. y. "PSD" shall mean the attainment area new source review program (prevention ofsignificant deterioration) within the meaning ofPart C ofSubchapter I ofthe Act, 42 U.S.C. §§ 7470-7492.
z. "Parties" or "Party" shall mean the United States, the State ofLouisiana and Mosaic or anyone ofthem.
aa. "ppm" shall mean parts per million by volume, dry basis.
8CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout bb. "Section" shall mean a portion ofthis Consent Decree identified by an upper
case roman numeral.
cc. "Short-Term Limit" shall mean a 3-hourrolling average S02emission limit expressed as pounds ofS02emitted perton 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 ofoperation ofa Sulfuric Acid Plant for any reason. Shutdown begins at the time the feed ofelemental 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 respectto either Sulfuric Acid Plant, the period of time, beginning when the feed ofelemental sulfur to the furnace commences and lasting for no
more than 4 hours. gg. "State Plaintiff' or "State" shall mean the State ofLouisiana. hh. "Subparagraph" shall mean a portion ofa Paragraph ofthis Consent Decree identified by a lower case Roman letter.
11. "Sulfuric Acid Plant" or "Plant" shall mean aprocess unit engaged in the production ofsulfuric acid and related products using the contactprocess at Mosaic's Uncle Sam Facility. 

### JJ. "Title V Permit" shall mean a permitrequired by or issued pursuantto the requirements of42 U.S.C. §§ 7661

- 766lf. kk. "Ton" or "Tons" shall mean shortton or short tons.
9

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### 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 behalfof U.S. EPA.
nn. "U.S. EPA" shall mean the United States Environmental Protection Agency and any ofits 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 laterthan June 1,2011, the A Train shall meet an S02 Short-Term Limit of 1.5 lb/ton. b. No laterthan June 1,2011, during any Startup, the A Train shall meet an S02 limit of500 ppm averaged overthe 4-hour Startup period.
c. No laterthan June 1,2011, the A Train shall be subjectto aMass Cap of603 tons ofS02. Defendant shall demonstrate compliance with this Mass Cap as ofMay 31, 2012 (for the 12-monthperiod ofJune 2011 through May 2012) and thereafter as ofthe last Day of each month for the immediately preceding consecutive 12-monthperiod, 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
10- _. -, .. - - - -- - - - ---. -'- --'-
CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22,2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout reports submittedpursuantto Subparagraph 25.b.
e. No laterthan 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 laterthan May 1, 2013, the A Train shall be subjectto a Mass Cap of402 tons ofS02 except as otherwise specified in Subparagraph 8.g. Defendant shall demonstrate compliance with this Mass Cap on April 30, 2014 (forthe 12-monthperiod ofMay 1,2013 through April 30, 2014); and thereafter as ofthe last Day ofeach month for the immediately preceding consecutive 12-monthperiod. In the interimperiod ofMay 2013 to March 2014, the A Train shall comply with the monthly Mass Caps specified in Appendix D. g. IfMosaic elects to comply with this Paragraph 8 by installing an Amine Based Regenerative Gas Absorption System onthe A Train and, throughthe demonstration period specified in Subparagraph d above, Mosaic determines that it is technically infeasible, using the Amine Based Regenerative Gas Absorption System, to meetthe 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 mustbe submitted no later than March 31, 2013; otherwise, Subparagraphs 8.e and 8.fwill remain in full force and effect. IfMosaic 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 Limitthatreflects the lowest feasible emission rate from the A Trainusing the Amine Based Regenerative Gas Absorption System in accordance with the manufacturer's specification and recommendation for operation, but is in no event greaterthan 1.5 lb/ton. Mosaic will also propose a Mass Cap that is less
11

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### stringentthan the Mass Cap in Subparagraph fabove 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., ifMosaic proposes a Short-Term Limit of20% greaterthan 1.0 Ib/ton, which equals 1.2 Ib/ton, it will propose a new Mass Cap ofno more than 20% greater than 402 tons, which equals a485 ton Mass Cap).
11. 

### Mosaic's proposal shall include a written technically infeasible demonstration reportthat 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 stringentemission 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 ofall 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 ofall potential remedies considered by Mosaic and/or its technology vendors, contractors, or consultants to bring the A Train into compliance
12CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout with a Short-Term Limit of 1.0 lb/ton; E) all CEMS data from the demonstration period; and F) justifications forthe 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. IfU.S. EPA requests additional information, Mosaic will provide such information withinthirty (30) days or such otherperiod 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 (ifany) afterreceipt ofMosaic's request, or such otherperiod 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. IfU.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 orto establish any Short-Term Limit less stringentthan 1.0 lb/ton and corresponding Mass Cap less stringentthan 402 tons on whether more stringent emission limits are technically infeasible using the Amine Based Regenerative Gas Absorption System based on the criteria

13 ",. _. -. "_

.. ","_.-.- iCONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout specified in Mosaic's proposal under Subparagraph 8.g.i. consistent with production levels allowable under this ConsentDecree.
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 establishedby 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 orestablished emission limits. IfMosaic disagrees with U.S. EPA's established Short-Term Limit, it shall invoke dispute resolution, pursuantto SectionXI, within the same thirty (30) day period or such other**p~riod** as agreed upon by the Parties. 9. D Train: Beginning no laterthan October 1,2011, the D Train Sulfuric Acid Plant shall meetthe following S02 emission limits, as follows:
a. a Long-Term Limit of2.2 Ib/ton. Mosaic shall commence monitoring its S02 emissions from D Train as ofOctober 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 (forthe 12-monthperiod ofOctober 1,2011 through September 30, 2012); b. a Mass Cap of884 tons. Mosaic shall demonstrate compliance with this Mass Cap as ofSeptember 30 October 1, 2012 (forthe 12-monthperiod ofOctober-l-; 2011 through**September~** 2012); and thereafter as ofthe fifs.tlast Day ofeach month for the immediately preceding consecutive 12-monthperiod, 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
14CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout to comply with the NSPS, Subpart H sulfuric acid mist emission limitation of0.15 lb/ton of 100% Sulfuric Acid Produced, as set forth at 40 C.F.R. § 60.83, no laterthan the Date ofEntry. 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 laterthan 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 (ifmore 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 ofStartup, Shutdown, and Malfunction, Defendant shall to the extentpracticable maintain and operate each ofits Sulfuric Acid Plants, including associated airpollution 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 implementthe 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 ofSulfuric Acid Plant Shutdowns (thereby reducing the number ofStartups ofeach Sulfuric Acid Plant); and (ii) to the extentpracticable, maintain and operate each ofits Sulfuric Acid Plants, including

15CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-material modifications (notsubmittedfor courtapproval) in redline/strikeout associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing the quantity ofemissions ofall pollutants subjectto emission standards
as ofthe Effective Date ofthis Consent Decree at all times, including during periods ofStart-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 submitthe updated plan to U.S. EPA and LDEQ. Upon submission ofeach O&M Plan, Mosaic shall immediately implementthe O&M Plan. U.S. EPA and/or the LDEQ may provide comments and/orrecommendations with respect to each O&M Plan. 14. Emissions Monitoring:
a. Installation, Certification, and Calibration: By no laterthan the following

.dates, Mosaic shall implementthe 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 longerthan 24 hours, are attached in Appendices Band C for the A Train and the D Train, respectively. Mosaic shall implementthe CEMS Plans at the A and D
16CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout Trains. The monitoring methods specified inthese CEMS Plans are deemed approved as appropriate alternative monitoring methods for purposes ofNSPS, pursuantto 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 bestpractices 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 conductthe 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 ofacid 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 testrequired under 40 C.F.R. § 60.8. Mosaic shall take all steps necessary to assure accurate measurements of 100% Sulfuric Acid Produced during each testrun.
c. S02 Emission Limits. Mosaic, shall conduct aperformance test measuring the emission rate ofS02 in accordance with the applicable requirements of40 C.F.R. Part 60, Appendix A, Reference Method 8, and Part 60, Appendix B, Performance Specification 2, or an
17CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout alternative method approved by U.S. EPA. Ifapplicable, 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 laterthan 30 days before any performance test required by this Paragraph 15 is conducted, or such otherperiod agreed upon by the Parties, Mosaic shall provide notice ofits intentto 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 conductthe 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 otherperiod as agreed upon by the Parties, Mosaic shall submitto U.S. EPA and to LDEQ, pursuantto the requirements ofSection XV (Notices), a report documenting the results ofthe performance tests. 16. Cessation ofOperation:
a. Upon the cessation ofoperation 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 ofemission reductions and resulting from such cessation ofoperation.
18CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout b. Provided that Defendant has complied with the requirements ofSubparagraph
a above, then upon the cessation ofoperation ofA orD Train, that Sulfuric Acid Plant shall
cease to be subjectto 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, ifnotpreviously paid, that may be due pursuantto 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 implementthe environmental mitigation projects ("Projects") and additional injunctive reliefdescribed 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 orportion 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 laterthan 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 HaldorTopsoe, or equivalent catalyst approved by U.S. EPA in writing no laterthan 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 otherwiseimprove performance ofthe E Train to comply with the Mass Cap specified inthis paragraph. Such steps may include, but are not limited to, replacing heat exchangers and/or catalyst. 19

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout 111. 

### By no laterthan July 1,2012, the E Train shall be subjecttoa Mass Cap of 1,832 tons per year ofS02. Mosaic shall demonstrate compliance with this annual Mass Cap as ofJune 30J.Wy--l-, 2013 (forthe 12-monthperiod ofJuly-l-;- 2012 through**June~** 

### 2013) and thereafter as ofthe fustlast Day ofeach month for the immediately preceding consecutive 12-monthperiod.
IV. 

### Mosaic shall conductperformance 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 atthe 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 ofobtaining netting credits underthe CAA's NSR and PSD programs. In the event ofany future resumption ofacid production atthe Mulberry Sulfuric Acid Plant, that emissions unit will be considered to have
zero emissions ofall regulated pollutants underNSR 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 ofpollution control technology and the installation ofequipment. Defendant may seekreliefunder the provisions ofSection X 

### (Force Majeure) ofthis Consent Decree for any delay in the performance ofany such obligationresulting from a failure to obtain,
20

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### or a delay in obtaining, any permit or approval required to fulfill such obligation ifDefendant has submittedtimely and administratively complete applications and has taken all other actions necessary to obtain such permit(s) or approval(s). No laterthan August 1,2013 or, inthe 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 laterthan January 1,2012, for the D Train Sulfuric Acid Plant, Mosaic shall submit an administratively complete application to the LDEQ permittingauthority to incorporate the following requirements into federally-enforceable minor ormajorNSR permits or otherpermits (otherthan 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. Forthe A Train, the emission limitduring Startup;
c. Forthe 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. Forthe A Train, the applicability of40 C.F.R. Part 60, Subparts A and H 

### and all requirements therein. 19. Following submission ofthe complete permit applications describedin 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: Priorto termination ofthe Consent Decree, the following Consent Decree requirements shall be incorporated into the permits required under
21CONSENT DECREE

- FIRSTMODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout 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 ConsentDecree; b. Forthe A Train, the emission limit during Startup;
c. Forthe 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. Forthe A Train, the applicability of40 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 limitestablished by or under this Consent Decree shall be enforceable under this Consent Decree regardless of whether such term has or will become part ofa Title V permit, subject to the terms ofSection XIX (Termination) ofthis Consent Decree. Nothing in this Consent Decree is meant to preclude enforcement ofthe underlying permit orterms 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 ofeach application for a federally enforceable permitnecessary to implement the requirements ofthis Consent Decree that is filed after the Effective Date, as well as a copy of
22CONSENT DECREE

- FIRST MODIFICATION (JANUARY 

### 22,2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout any permitproposed 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 implementthe requirements ofthis Consent Decree, then no laterthan 

### 30 days after the Effective Date, Defendant shall submit copies ofsuch permits to U.S. EPA using the procedures set forth in SectionXV (Notices). U.S. EPA may excuse in writing all orpart ofthe latter submission ifcopies ofsuch permits have already been submitted to U.S. EPA priorto 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 ofobtaining netting credits or offsets in any PSD, majorNSR, and/or minorNSRpermit orpermitproceeding; provided however, that nothing in this Consent Decree is intended to prohibitDefendant from:
a. using emission reductions from the installation ofcontrols required by this Consent Decree in determining whether a project that includes both the installation ofcontrols under this ConsentDecree and other construction ormodifications (including construction or modifications that affectthe facility's production capacity) that occur at the same time and are permitted as a single projecttriggers PSD and/or NSR requirements; b. using netting reductions or emission offset credits from units that are covered by this Consent Decree, to the extentthat the proposed netting reductions oremission offset credits represent the difference between the emission limits set forth inthis Consent Decree and the more stringent emission limits that Defendantmay electto accept for these units in a permitting process;
c. using netting reductions or emissions offset credits from units that are not


### 23CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout subjectto an emission limitation underthis ConsentDecree; d. using netting reductions or emissions offset credits for any pollutants other than S02 or sulfuric acid mist. 

### VII. REPORTING REQUIREMENTS 25. Defendant shall submitthe following reports:
a. For each Sulfuric Acid Plant, Defendant shall submitto U.S. EPA and LDEQ, design specifications documenting how Defendant intends to comply withthe emission limits established in Paragraphs 8 and 9, no laterthan 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 ConsentDecree, Defendant shall submitto U.S. EPA and to LDEQ a semi-annual progress report no laterthan January 31 and July 31 ofeach 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) workperformed and progress made toward implementing the requirements ofSections IV and V above; (2) any significantmodifications to previouslysubmitted design specifications ofany pollution control system, orto monitoring equipment, required to comply with the requirements ofSections IV and V above; (3) any significant problems encountered or anticipated in complying with the requirements ofSections IV and V above, together with implemented orproposed solutions; (4) a summary ofthe emissions monitoring and testing data collectedpursuantto this Consent Decree including the mass ofS02 emitted and the quantity of 100% Sulfuric Acid Produced during the reporting period; (5) a description ofall periods ofStartup, Shutdown, and Malfunction for A and D Trains, including the quantity ofS02emitted and the causes ofMalfunction(s); (6) the date and time identifying


### 24**~:**__ A' ". _"_".**~,_,_**
CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout each period during whichthe CEMS was inoperative except for zero and span checks and the nature ofthe systemrepairs or adjustments; (7)-status ofpermit 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. IfDefendant violates, or has reason to believe that it may violate, any requirement ofthis Consent Decree or ofany applicable permit, Defendant shall notify the United States and the State Plaintiffofsuch violation and its duration or anticipated likely duration, in writing, within 35 calendar days ofthe Day Defendant first becomes aware ofthe violation orpotential violation, with an explanation ofthe violation's likely cause and ofthe remedial steps taken, orto be taken, to prevent or minimize such violation. Ifthe cause ofa 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 amendmentto 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 orthe following Paragraphrelieves Defendant ofits obligation to provide the notice required by Section X (Force Majeure). d. Whenever any violation ofthis Consent Decree or ofany applicable permit or any other event affecting Defendant's performance underthis Decree, orthe performance ofa Sulfuric Acid Plant, may pose an immediate threat to the public health or welfare orthe environment, Defendant shall notify U.S. EPA and the State, orally orby electronic or facsimile transmission as soon as possible, but no laterthan 24 hours after Defendant first knew of, or should have known of, the violation or event. This procedure is in addition to the requirements
25

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout 

### set forth in the preceding reporting provisions. 26. All reports shall be submittedto the persons and in the manner designated in Section XV (Notices). 27. Each report submitted by Defendant under this Section shall be signed by aplant 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 underpenalty oflaw that I have examined and am familiar with the information submitted inthis document and all attachments and thatthis document and its attachments were prepared eitherby me personally orunder my direction or supervision in a manner designed to ensure that qualified and knowledgeable personnel properly gather and presentthe information containedtherein. 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 thatthere 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 ConsentDecree do not relieve Defendant ofany reporting obligations required by the Act or implementing regulations, orby any other federal, state, or local law, regulation, permit, or otherrequirement. The reporting requirements ofthis Section are in addition to any otherreports, plans or submissions required by other Sections of this Consent Decree. 29. Any information providedpursuantto 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 pursuantto this Consent Decree shall be subjectto public inspection, unless identified and supported as Confidential Business Information ("CBI") by Mosaic in accordance with 40
26CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 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 ofLouisiana. At the time of payment, Defendant shall simultaneously send written notice ofpayment and a copy ofany 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 ofManagement and Finance, LDEQ, P.O. Box 4303, Baton Rouge, Louisiana 70821-4303. 31. Ifany portion ofthe civil penalty due to the United States or the State Plaintiffis not paid when due, Defendant shall pay interest on the amount past due, accruing from the Effective Date through the date ofpayment, 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 interestpaid 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

27

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmitted(or courtapproval) in redlinelstrikeout 

### X (Force Majeure). Any stipulated penalties due underthis Section shall be paid in accordance with Paragraph 48 below. All transmittal correspondence shall state that any such payment is for payment ofstipulatedpenalties and shall include the same identifying information required by Paragraph 30 (Civil Penalty) above. 33. Failure to Pay Civil Penalty: IfDefendant 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 perday for each day that the payment is late. Late payment ofthe civil penalty shall be made in accordance with Paragraph 30 above. Each stipulatedpenalty due under this Paragraph shall be paid exclusively to the Party to whom Defendantfailed 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-hourperiod: Percentage Overthe Limit 1 - 50% 51

- 100% Over 100% Penalty perViolation $250 $500 $750 No separate stipulatedpenalty will apply with respectto the limit on S02 emissions under40 C.F.R. Part 60. b. Solely in the event ofa 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 invocationofDispute Resolution and the Court's decision resolving such dispute, and provided that Mosaic complies with its proposed
28CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout Short-Term Limitunder Paragraph 8.g.i (in accordance with Paragraph 8.g.iv), the stipulated penalties accruing under this subparagraph shall be reduced in proportionto 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 Courttake more than six months to resolve the dispute following thetime the dispute is briefed and submitted for decision, the stipulatedpenalty 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, ifU.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 Resolutionproposing a Short-Term Limit of 1.2 lb/ton, which is 20% higher than 1.0 lb/ton, then Mosaic's stipulatedpenalty liability for exceeding the 1.0 lb/ton Short-Term Limit shall accrue at 40% (20% x 2) ofthe otherwise applicable stipulatedpenalty 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 perviolation, 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 stipulatedpenalty accrual would be reduced after six months and would accrue at $50 per violation (50% x $100) beginning withthe seventh month following submission ofthe dispute to the Court; ifit is notresolved until after twelve

29

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### months, the stipulatedpenalty accrual would be further reduced aftertwelve 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 stipulatedpenalties shall accrue for each violation ofthe A Train Startup emission limitation specified in Paragraph 8.b: Percentage Overthe Limit 1 - 50% 51

- 100% Over 100% Penalty perViolation $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 perViolation $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 respectto the limit on S02 emissions under 40 C.F.R. Part 60. 37. Mass Cap.
a. For each violation ofaMass Cap identified in Paragraphs 8 and 9, a stipulated penalty of$15,000 perton or fraction ofaton 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 stipulatedpenalty exceed $900,000 for anyone
30CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout month. A Mass Cap violation may occur only one time permonth and only when the sum ofthe S02 emitted in the immediately preceding 12 months exceeds the Mass Cap. b. Solely in the event ofa disputeregarding 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 ofDispute 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 stipulatedpenalties 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 underParagraph 8.g.iii, multiplied by two ("adjusted amount"). In addition, should the Courttake more than six months to resolve the dispute following the time the dispute is briefed and submitted for decision, the stipulatedpenalty 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 of483, which is 20% and 81 tons higherthan 402 tons, then Mosaic's stipulatedpenalty liability for exceeding the 402 tons Mass Cap shall accrue at40% (20% x 2) ofthe otherwise applicable stipulated penalty under subparagraph a., provided that Mosaic complies with its proposed Mass Cap of483 tons during the pendency ofthe dispute. Thus, in this example, the otherwise applicable stipulatedpenalty 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
31CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout stipulated penalty $900,000. In the event ofa dispute and should the Court eventually resolve the dispute in U.S. EPA's favor, Mosaic's stipulatedpenalty 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 notresolved 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; ifnotresolved until after twelve months, the stipulated penalty accrual would be further reduced after twelve months and would accrue at $90,000 permonth (25% x $360,000) beginning with the thirteenth month following submission ofthe dispute to the Court. 38. Monitoring Requirements. The following stipulatedpenalties 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 overthe course ofeach calendaryear (e.g., January 1 - December 31). Period ofNoncompliance (Total days in violation in any calendaryear) 1st-14thday 15th

- 30th day 31 st day and each day thereafter Penalty Per Day
$1500 $2000 $2500 e.g., ifMosaic 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)).
32

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout 

### 39. Performance Testing. The following stipulatedpenalties shall accrue per violation per**~ay** 

### for each violation ofany requirements identified in Paragraph 15 relating to performance testing: Period ofNoncompliance 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. Foreach violation at the A and D Trains ofthe opacity requirements of40 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 stipulatedpenalties shall accrue per violation per day for each violation ofany requirementto submit a complete application for permits as required and on the schedule specified in Section VI (Permits): Period ofNoncompliance Ist-14thday 15th

- 30th day 31 stday and beyond Penalty Per Violation Per Day $1000 $1500 $2000 42. Environmental Mitigation Projects/Additional Injunctive Relief. Stipulated penalties shall accrue for each violation ofany 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 perton or 

### fraction of S02 emitted in excess ofthe applicable Mass Cap (using the same calculation methodology
33

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout 

### described in Paragraph 37.aabove). For each otherviolation ofthe requirements ofParagraph 17, the following stipulated penalties shall accrue perviolation 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 stipulatedpenalties 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 ofaviolation of, orreason to believe itmay violate, this Consent Decree or any applicable permitwithin the period specified in Paragraph 25.c ofthis Consent Decree; or failure to notify U.S. EPA and/or the State ofan eventthat may pose an immediate threat to the public health or welfare or the environmentwithin the period specified in Paragraph 25.d ofthis Consent Decree. Period ofNoncompliance Ist-14thday 15th

- 30th day 31st day and beyond Penalty Per Violation PerDay $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 ofany plan or schedule approved underthis ConsentDecree, within the specified time established by or approved underthis Decree:

34CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-material modifications (notsubmittedfor courtapproval) in redline/strikeout Period ofNoncompliance 1st -14th day 15th

- 30th day 31 st day and beyond Penalty Per Violation Per Day $150 $250 $500 45. Stipulatedpenalties 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 stipulatedpenalty within 30 days ofreceiving the United States' orthe State Plaintiffs written demand. The United States and/orthe State Plaintiffmay seek stipulated penalties underthis Section. Where both sovereigns seek stipulatedpenalties for the same violation ofthis ConsentDecree, Defendant shall pay 50 percentto the United States and 50 percentto the State Plaintiff. Where only one sovereign demands stipulated penalties for a violation, it shallmake that demand on its own behalf, and the Defendant shall pay the full amount ofthe stipulatedpenalties 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, inthe unreviewable exercise ofits discretion, reduce or waive stipulated penalties or otherreliefotherwise due it under this Consent Decree. The determination by one sovereign not to seek stipulated penalties, or subsequently to waive orreduce the amount it seeks, shall notpreclude 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, butneed not be paid until the following:
35CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redline/strikeout a. Ifthe dispute is resolved by agreement orby 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 Plaintiffwithin 30 days ofthe effective date ofthe agreement orthe receipt ofU.S. EPA's orthe State Plaintiffs decision. b. Ifthe dispute is appealed to the Court and the United States and/or the State Plaintiffprevails 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. Ifany Party appeals the District Court's decision, Defendant shall pay all accrued penalties owed, togetherwith interest at the rate specified in 28 U.S.C. § 1961, no later than 30 days afterthe administrative decision orjudicial order,judgment or decree resolving the dispute becomes final and not subject to any further appeal. 48. Defendant shall pay stipulatedpenalties 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 CourtEastern District ofLouisiana, 500 Poydras Street, New Orleans, LA 70130, (504) 680-3000. Defendant shall pay stipulated penalties owed to the State Plaintiffin the same
mannerprescribed 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.
36CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout 50. IfDefendant 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 ofSection XIII (Effect ofSettlement/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 ConsentDecree or applicable law. Ifthe violations result in excess emissions, the United States and/orthe State may electto seek appropriate relief, including but not limited to compensatory emission reductions equal to or greaterthan the excess amounts emitted. Where a violation of this Consent Decree is also a violation ofthe NSPS, Subparts A orH, orthe PSD ornonattainmentNSRrequirements, 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 eventbeyond the control ofDefendant, its contractors, or any entity controlled by Defendantthat delays the performance ofany 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 ofany such event (a) as it is occurring and (b) after ithas occurred, to prevent orminimize any resulting delay to the greatest extentpossible. 53. "Force Majeure" does not include Defendant's financial inability to perform any obligation under this ConsentDecree. Unanticipated or increased costs orexpenses associated with the performance ofDefendant's obligations under this Consent Decree, orDefendant's failure to make an administratively complete and timely application for any required approval or
37

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submitted[or courtapproval) in redlinelstrikeout 

### permit, shall not constitute circumstances beyond its control, or serve as abasis for an extension oftime underthis SectionX. However, the failure ofapermitting authority to issue anecessary construction or operating permit in atimely fashion is an event offorce majeure where the failure ofthe permitting authority to issue the relevantpermit is beyond the control ofDefendant. 54. Ifany event occurs which causes ormay cause a delay or impedimentto performance in complying with any provision ofthis Consent Decree, Defendant shall notify U.S. EPA and the State Plaintiff: (a) orally orby electronic or facsimile transmission, as soon as possible, but
no laterthan 72 hours afterthe time Defendant first knew ofthe event or shouldhave known of the eventby exercise ofdue diligence, and (b) in writing no laterthan seven Days afterthe time Defendant first knew ofthe eventor should have known ofthe event by the exercise ofdue 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 orto be taken by Defendantto prevent orminimize the delay, the schedule by**~hich** 

### those measures shall be implemented, and the reasons Defendant attributes the delay to a Force Majeure Event (ifDefendant does so). Defendant shall take all necessary
measures to avoid orminimize such delays. The written notice required by this Paragraph shall be effective upon the mailing ofthe same by overnight mail orby certified mail, return receipt requested, to U.S. EPA and the State Plaintiffas 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 ofForce Majeure with respect to the particular event involved, unless notice, though delinquent, is provided in sufficienttime to allow U.S. EPA and the State Plaintiffto verify the cause and nature ofthe event in question; except that, in any event, ifnotice is delinquent, Defendant shall be precluded from asserting any


### 38CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout claims ofForce Majeure asjustification for failure to comply with any requirement ofthis Consent Decree for aperiod 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 ofa delay or impedimentto performance within forty-five (45) days ofreceipt ofthe written Force Majeure notice provided under Paragraph 54. 57. Ifthe United States, after consultation with the State Plaintiff, agrees that the delay or impedimentto 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 aperiod equivalentto the delay actually caused by the Force Majeure Event. Such stipulation shall be filed as a material modificationto the Consent Decree pursuantto the procedures ofSection XVIII (Modification). Defendant shall not be liable for stipulated penalties for the period ofany such extension. 58. Ifthe United States, after consultation withthe State Plaintiff, does not accept Defendant's claim ofForce Majeure, stipulatedpenalties will accrue as provided in Section IX (Stipulated Penalties). No laterthan forty-five (45) days afterreceipt ofthe notice provided under Paragraph 56 above, Defendant may invoke formal dispute resolution with respect to the claim ofForce Majeure, pursuantto Paragraphs 63 through 72 below, by filing apetition 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 stipulatedpenalties) for a period oftime equivalentto the delay caused by the Force Majeure Event. Defendant will bearthe burden ofproving that any delay in satisfying any requirement(s) ofthis Consent Decree was caused by or will be caused by
39CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout a Force Majeure Event. 59. Defendant shall also bear the burden ofproving the duration and extent ofany delay(s) attributable to such Force Majeure Event. Any extension ofone compliance date based
on aparticular Force Majeure Eventmay, but shall not necessarily, result in an extension ofa subsequent compliance date or dates. 60. Notwithstanding any otherprovision ofthis Consent Decree, this Court shall not draw any inferences nor establish any presumptions adverse to eitherparty as a result ofDefendant's serving ofa force majeure notice orthe Parties' inability to reach agreement with respect to the claim offorce majeure. 61. In appropriate circumstances, as part ofthe resolution ofany matter submitted to this Court under this Section X, the Parties involved in the dispute may agree to, orthe Court may order, extension ormodification ofthe schedule for completion ofwork underthe Consent Decree to account for the delay inthe workthat occurred as a result ofany Force Majeure Event claimed by Defendantthat is agreed to by the United States or approved by this Court. Defendant shall be liable for stipulated penalties for its failure thereafterto 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, orequipment shortages or delays; acts ofGod, such as a hurricane; acts ofwar orterrorism; an order by a government official, government agency, or otherregulatory authority. The listing ofthe foregoing types ofevents shall neither (1) preclude the United States (orthe Court, in the event ofa dispute) from
40CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22,2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redline/strikeout determining that aparticular 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 otherthan those listed above. 

### XI. DISPUTE RESOLUTION 63. Unless otherwise expressly provided for in this ConsentDecree, 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 ofDefendant 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 orParties 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) ofa dispute pUrsuantto 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 laterthan 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. Suchperiod ofinformal negotiations shall not extend
41CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22,2010) Shows non-materialmodifications (not submitted(or courtapproval) in redlinelstrikeout 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 shouldbe shortened or extended. 67. In the eventthat the Parties are unable to reach agreement during such informal negotiations period, the United States and/or the State Plaintiff, as applicable, shall provide Defendantwith a written summary ofits/theirposition regarding the dispute. 

### lhe position advanced by the United States and/orthe State Plaintiff, as applicable, will be considered binding unless, within forty-five (45) Days ofDefendant'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 itfor hearing in accordance with the Eastern District ofLouisiana local rules. Such petition shall be filed no laterthan fifty-five (55) Days preceding the notice hearing date. The United States and/or the State ofLouisiana shall respond to the petition no laterthan the eighth calendar day priorto the noticed hearing date. 68. The time periods set out in this Section may be shortened or lengthened, in accordance with the Eastern District ofLouisiana local rules, upon motion to the Court ofone 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 Plaintiffare 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 Plaintiffmay file such other pleadings expressing its position as allowed by the Court. 70. In a formal dispute resolution proceeding under this Section, Defendant shall bearthe burden ofdemonstrating that its position complies**~ith** this Consent Decree and the Act. The
42CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout Court shall decide the dispute based upon applicable principles oflaw. The United States
reserves the right to argue that its position is reviewable only on the administrative record and mustbe 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 ofany matter submitted to this Court under this Section XI, the Parties involved in the dispute may agree to, orthe Court may order, an extension ormodification ofthe schedule for completion ofworkunder the Consent Decree to account for the delay in the work that occurred as aresult ofdispute resolution. Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended ormodified schedule. Invocation ofdispute resolution with respect to any ofDefendant's obligations under this Consent Decree shall not, ofitself, excuse or extend the time for performance ofany other obligation ofDefendant under this Consent Decree. 

### XII. INFORMATION COLLECTION AND RETENTION 73. The United States, the State Plaintiff, and theirrepresentatives, including attorneys, inspectors, contractors, and consultants, shall have the right ofentry into any ofthe Facilities covered by this Consent Decree, at all reasonable times, upon presentation ofcredentials, to: monitor the progress ofactivities 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 ConsentDecree; obtain samples and, upon request, splits ofany 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.
43

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### 74. Until at leastthree years afterthe termination ofthis Consent Decree, Defendant shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies ofall documents, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, orthat come into its or its contractors' or agents' possession or control, and thatrelate in any mannerto Defendant's performance ofits obligations underthis ConsentDecree. This informationretention requirement shall apply regardless ofany contrary corporate or institutional policies or procedures. At any time during this information-retention period, the United States or a State Plaintiffmay request copies ofany documents, records, or other information required to be maintained under this Paragraph. 75. IfDefendant desires to revert to its ordinary document retention policy in regards to documents it is otherwise required to retain, at least 90 Days priorto the expiration ofthe document retentionperiod, Defendant shall notify the United States and the State ofits intention to revert backto its ordinary documentretention policy. Shouldthe United States request copies, Defendant may assertthat certain documents, records, or other information are privileged under the attorney-client privilege or any otherprivilege recognized by federal law. IfDefendant asserts such aprivilege, 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 ofeach author ofthe document, record, or information; (4) the name and title ofeach 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 pursuantto the requirements ofthis Consent Decree shall be withheld on grounds ofprivilege.
44CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout 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 ofParagraphs 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 ofentry and inspection,
or any right to obtain information, held by the United States orthe State pursuantto applicable federal or state laws, regulations, orpermits, nor does it limit or affect any duty or obligation of Defendantto maintain documents, records, or other information imposed by applicable federal or state laws, regulations, orpermits. 

### XIII. EFFECT OF SETTLEMENTIRESERVATION OF .RIGHTS 78. This Consent Decree resolves the civil liability ofDefendantto the United States and the State ofLouisiana for the violations alleged inthe Complaint filed in this action from the date those claims accrued through the date oflodging ofthis Consent Decree. 79. The United States and the State Plaintiffreserve all legal and equitable remedies available to enforce the provisions ofthis ConsentDecree, except as expressly stated in Paragraph 78. This ConsentDecree shall notbe construed to limitthe rights ofthe United States
orthe State Plaintiffto obtain penalties or injunctive reliefunderthe Act or implementing regulations, orunder other federal or state laws, regulations, orpermitconditions, 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 orthe environment arising at, orposed by, Defendant's facilities, whether related to the violations addressed in this Consent Decree or 45

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout 

### otherwise. 80. This Consent Decree is not apennit, or a modification ofany pennit, under any federal, state, or local laws orregulations. 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 ConsentDecree shall be no defense to any action commenced pursuantto any such laws, regulations, orpennits, except as otherwise expressly provided herein. The United States and the State Plaintiffdo not, by their consentto the entry of this Consent Decree, warrant or aver in any mannerthat Defendant's compliance with any aspect ofthis Consent Decree will result in compliance with provisions ofthe Act, orwith any other provisions offederal, state, or local laws, regulations, orpennits, 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 underthe 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 affectthe rights ofDefendant or ofthe United States or the State Plaintiffagainst or in respect ofany third parties, notparty to this Consent Decree, nor does it limit or affectthe rights ofthird parties, notparty to this ConsentDecree, 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 beartheir own costs ofthis action, including attorneys' fees, except
46CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-material modifications (not submittedfor courtapproval) in redlinelstrikeout that the United States and the State Plaintiffs shall be entitledto collect the costs (including attorneys' fees) incurred in any action necessary to enforce this Consent Decree orto collect any portion ofthe civil penalty or any Stipulated Penalties due butnotpaidby 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 Plaintiffwhere the relevant Facility is located, as follows: Notice or submissionto 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: DOJNo. 90-5-2-1-08957 Notice or submission to the United States orto U.S. EPA: Air Enforcement Division Director U.S. Environmental Protection Agency Office ofCivil Enforcement
. Air Enforcement Division 1200 PennsylvaniaAve, 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 47

### CONSENT DECREE

- FIRST MODIFICATION: (JANUARY 22, 2010) Shows non-materialmodifications (notsubmitted(or courtapproval) in redline/strikeout 

### Notice or submission to the United States orto 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 ofEnvironmental Compliance LouisianaDepartment ofEnvironmental Quality P. O. Box 4312 Baton Rouge, Louisiana 70821-4312 Notice to Mosaic: DianaM. Jagiella and SeniorEnvironmental 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 otherParties, change its designated notice recipient(s) or notice addressees) provided above. Notices submitted pursuantto this Section shall be deemed submitted upon mailing, unless otherwise provided in this ConsentDecree orby 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 retainjurisdiction overthis case until termination ofthis Consent 48-----------**~--_.~~':.._--~:.-':-::.._-'..:-::.._-~.**
CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout Decree, for the purpose ofresolving disputes arising under this Decree or entering orders modifying this Decree, pursuantto 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) orupon 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 ofSection IV (Compliance Schedule and Requirements) and Section V (Environmental Mitigation Projects/Additional Injunctive Relief) for a period ofone 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, Defendantmay serve upon the United States and the State Plaintiffa 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 PlaintiffofDefendant's request for termination, the Parties shall confer informally concerning the request for termination and
49CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-material modifications (notsubmittedfor courtapproval) in redlinelstrikeout any disagreementthat the Parties may have as to whetherDefendant has satisfactorily complied with the requirements for termination ofthis ConsentDecree. Ifthe United States after consultation with the State Plaintiffagrees that the Decree may be terminated, the Parties shall submit, for the Court's approval, ajoint stipulation terminating the Decree. 91. Ifthe United States after consultation with the State Plaintiffdoes not agree that the Decree may be terminated, Defendantmay move the Court for termination. However, Defendant shall not file such a motion until 90 Days after service ofits request for termination. On any such motion, Defendant shall bearthe burden ofproving that the conditions necessary for termination ofthe Consent Decree have been satisfied. 

### XX. PUBLIC PARTICIPATION 92. This ConsentDecree shall be lodged with the Courtfor a period ofno less than 30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7. Final approval by the State Plaintiffis subjectto the requirements ofLa. R.S. 30:2050.7, which provides for public notice oftijis Consent Decree in newspapers ofgeneral circulation and the officialjournals of parish in which the Uncle Sam Facility is located, an opportunity for public comment, consideration ofany comments, and concurrence by the State Attorney General. The United States and the State Plaintiffeach reserves the right to withdraw orwithhold 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 orto 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-materialmodifications (notsubmittedfor courtapproval) in redlinelstrikeout 

### XXI. SIGNATORIES/SERVICE 93. Each undersigned representative ofDefendant and the State Plaintiff, and the AssistantAttorney General for the Environment and Natural Resources Division ofthe Department ofJustice (or his orher 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 onthatbasis. 95. Defendant agrees to accept service ofprocess by mail with respectto 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, butnot limited to, service ofa summons. 

### XXII. INTEGRATION 96. This Consent Decree constitutes the final, complete, and exclusive agreement and understanding among the Parties with respectto 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 pursuantto this Decree, nor any representation, inducement, agreement, understanding, orpromise, constitutes any part ofthis Decree orthe settlement it represents, and no such extrinsic document or statement ofany 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
51CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22, 2010) Shows non-materialmodifications (not submittedfor courtapproval) in redlinelstrikeout shall constitute a finaljudgment ofthe Court in this action as to the United States, the State Plaintiff, and Defendant. The Court finds that there is nojustreason for delay and therefore enters thisjudgment as a finaljudgmentunder Fed. R. Civ. P. 54 and 58.

Dated and entered this

_ day of , 20_.

UNITED STATES DISTRICT JUDGE



### [Signatures ofCourt and parties appear on Consent Decree as entered by the Court, December23, 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 finaljudgmentofthe Courtin this action as to the United States, the State Plaintiff, and Defendant. The Courtfinds thatthere is nojustreason for delay and therefore enters thisjudgmentas a finaljudgmentunderFed. R. Civ. P. 54 and 58.



### Dated and entered this

## ~ay of

## _~'-'~,,",C,,---__

## ~, 20

## ~.~

TATES DISTRICTJUDGE



### 52

### Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 54 of 60

THEUNDERSIGNED**PARTII~~S** enter.into 

### this ConsentDecree

### inthematterofUnited States and State ofLouisiana

### v. MosaicFertilizer. LLC (B.D. La.), relatingto alleged violations ofthe 

### CleanAirAct: FOR PLAINTIFF UNITED STATES OF AMERICA:

# ~fit(c~. C

# ~CU~'---~-- lingAssistantAttorney General nvironmentandNatural Resources Division United StatesDepartment.of

### Justice

DAVID ROSSKAM 

### SeniorCounsel EnvironmentalEnforcement Section Environment andNatural Resources Division United States DepartmentofJustice P.O. Box 761 I Washington, D.C. 20044-7611 (202) 514-3974

flMLETTEN 

### United StatesAttorney

### fortheEastern District of Louisiana

SHARON D. SMITH 

### AssistantUnited StatesAttorney 500 Poydras Street RoomB210 

### NewOrleans, LA 70130 (504) 680-3004

53

### Case 2:09-cv-06662-AJM-JCW Document 5 Filed 12/23/2009 Page 55 of 60

ConsentDecree Signature Page: United States and State ofLouisianav. Mosaic Fertilizer. LLC (E,n. La.)



### GILES dministrator nforcement and ComplianceAssurance

# P~~S~ Acting lrector AirEnforcementDivision

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.)



### A

WRENCE 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 ConsentDecree in United States and State of Louisianav. Mosaic Fertilizer. LLC (B.D. La.), acivil action, subjectto the public notice and conunentrequirements.

PRELIMINARY APPROVAL BY PLAINTIFF, THE STATE OFLOUISIANA, DEPARTMENT OFENVIRONMENTAL QUALITY:

. HATCH Ass Secretary 

### Office ofEnvironmental Compliance LouisianaDeparunentofEnvironmental Quality 

# /{o'i-lln**~~** 

# . "K""'ath"'""y""'M,l;-I;.

## ~804) ChristopherA. 

### Ratcliff, Attorney Supervisor 

### LA BarRoll #18675) Office ofthe Secretary Legal Affairs Division LouisianaDepartmentofEnvironmental Quality Post Office Box 4302 Baton Rouge, Louisiana70821-4302 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 ofLouisiana, 

### UnitedStates of America andState o[Louisiana v. ,Mosaic Fertilizer, 

### LLe, Docket No. 09-6662, 

### a 

### civil action, subject to thepublic notice andcommentrequirements. FINALAPPROVALBY PlAINTIFF, THE STATEOFLOUISIANA, THROUGHTHE DEPARTMENT OFENVIRONMENTAL QUAIlTY:



### CH As ecretary Office ofEnvironmental Compliance Louisiana DepartmentofEnvironmental Quality i ,

Kathy M. W gilt arRoll # 30804) 

### Attorney III ChristopherA. Ratcliff, (LA Bar Roll #18675) 

### Attorney Supervisor Office ofthe Secretary LegalAffairs Division Louisiana DepartmentofEnvironmental Quality PostOffice Box 4302 Baton Rouge, Louisiana 70821-4302 Telephone No. (225) 219-3985 Fax. No. (225) 219-4068 Dated: 

# p/.:LI/Oj

This ConsentDecreehas beenreviewed, and is 

### concurred 

### in, bythe Attorney General of the State ofLouisiana, pursuant to theprovisions 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 OfJUSTICE 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. Box4302 Baton Rouge, LA 70821-4302
Re: AG Review of Federal Consent Decree, UnitedStates of America andState 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 SignaturePage: United States andState ofLouisianav. MosaicFertilizer,'LLC (E,D, La.)

FORDEFENDANTMOSAIC FERTILIZER,LLC:

Richard L.Mack
. ExecutiveVicePresident, General Counsel and Corporale**~_** . :rheMosaicCompany



### . . The**f~llowing** is thename andaddress'ofSettlingDefendant'sagentforservice(ifdifferent from above).

### and thename andaddress ofSettlingDefendant'scounsel. . Agentfor Service

. DianaJagiella

TheMosaic Company SeniorEnvironmental and COlJlOrale Counsel 3033 CampusDrive, SuiteE<\90 Plymouth,MN 55441
.

58 Counsel
DianaJagiella TheMosaicCompany SeniorEnVironmental and ColJlOrale Counsel ' 3033 Campus Drive. SuiteB490 Plymouth. MN 5S441 

### .'

### CONSENT DECREE

- FIRST MODIFICATION (JANUARY 22,2010) Non-material modifications (not submittedfor courtapproval)

APPENDICES to Consent Decree



### United States and State ofLouisiana v. Mosaic Fertilizer, LLC CaseNo. 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 December23, 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

UNCLESAM, 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
August2009 - i . TABLE OF CONTENTS SECTION PAGE 1.0 PURPOSEOF PLAN 1 2.0 SULFURIC ACID PLANT OVERVIEW 2 3.0 OPERATORTRAINING 2 4.0 ROUTINE OPERATING PROCEDURES 3 5.0 PROCEDURES FOREXCESS 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 UltrasonicThickness 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 August2009 

### 1.0 PURPOSE OF PLAN • J •

This Operation and Maintenance (O&M) Plan is forthe "A Train" and "0 Train" Sulfuric Acid Plants (SAPs) located atthe Mosaic Fertilizer, LLC Uncle Sam phosphate fertilizer manufacturing facility in Uncle Sam, Louisiana. The O&M Plan is prepared for the purpose ofdocumentingthe operation and maintenance procedures and systems, which are used to minimize emissions to the atmosphere from the SAPs. This includes minimizingthe frequency ofSAP 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 ofa 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&MPlans describe the operating and maintenanceprocedures necessary to: {i} minimize thefrequency ofSulfuric AcidPlant shutdowns (thereby reducing the number ofstartups ofeach Sulfuric Acid Plant); and, (it) to the extentpracticable maintain and operate each ofthe Sulfuric Acidplants, including associated air pollution control equipment, in a manner consistent with goodairpollution control practices for minimizing the quantity ofemissions ofall pollutants subject to emission standards as ofthe Effective Date ofthis Consent Decree at all times, includingduringperiods of Start-up, Shutdown, andMalfunction. 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 ofthe 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
August2009



## • • • • 

## • ·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 sulfuris 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 absorbingtower where the S03 is absorbed into H2 S04and combined with water to form additional H2 S04• The gases then pass through a mist eliminator to capture SAM emissions, The gases, now containingtrace amounts ofS02 and SAM, then exitto the atmosphere,
D Train is a double absorption SAP with a maximum operating rate of2,250 TPD of 100-percent H2 S04• E SAP is a double absorption SAP with a maximum operating rate of 3,800 TPD of 100-percent H2 S04, 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 H2 S04 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 OPERATORTRAINING
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 ofattention 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 August2009 ·3· 6 weeks ofclassroom 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 supervisorbefore 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 staffmeetings 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 ofequipment 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 minimizethetime needed to startupthe SAPs, to the extent practicable.
The SOPs forthe 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 sticktest for SAM emissions; Controlling acid temperatures; Controlling acid pump tank levels; Responding to lost circulating pumps; Controlling boiler water level; Hot startup procedures; Cold startupprocedures; 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 ofa plant trip. The SAPs contain a series ofinterlocks and critical plant trips. which are doesigned to preventexcess emissions.

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 8 of 29 August2009 ·5· 

### 5.0 PROCEDURES FOREXCESS 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 rootand contributing causes; IdentitY and evaluate recommended measures to prevent recurrence and reduce the probability and/or severity ofa similarrecurrence; Ensure timely issuance ofincidentreports; 

# .'

• Address and resolve incidentrecommendations; 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 ofand COrrect (either during the next plant turnaround or earlier, as appropriate based on all ofthe 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 ofthe A or D Train SAPs in violation ofregulatory and/or permit limits; (c) unpermitted, significant leaking or "smoking" sulfuric acid plant equipment, piping, or duct work; and (d) unpermitted, significantreleases ofprocess gas tothe atmosphere (otherthan 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 ofthe 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
August2009 ·6· repair, maintenance, and inspection program. Therefore, thetime 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 ofequipment to maximize unit operation until the next planned shutdown.
Maintenance activities that are typically perfonned during planned unit shutdowns ofA 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.

• SulfurFurnace

- inspectrefractory and burner, ducts; repair as needed.

• Filter House

- inspectframe 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; repairas needed.

• Acid coolers

- inspect shell and nozzles, condition of water channels; perfonn eddy current testing; repairas needed.

• Pump tanks- inspect; repair as needed.

• Valves

- repair/refurbish as needed.

• Reliefvalves

- service orreplace 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 August2009



## •

•
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 perthe ultrasonic thickness testing program for metal loss (most piping is inspected whilethe unit is in operation).

Check all interlocks, replace as needed. Replace thennocouples (converter and heat exchangers). Calibrate field instruments.

• Reset vibration monitors.

• CheckrotameteTs.

• 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 (perturnaround cycle);

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 11 of 29
August2009



## •

•

• • 

## • • • •

• • - 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 (perturnaround cycle); Vessels

- internal inspections per turnaroundcycle; Above ground storagetanks

- 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 ofthe 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 ofany deterioration present that may negativelyaffecttheirmechanical integrity and/or service perfonnance; and

• To detennine ifany 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 ofinspection conducted or type ofequipment 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 workor 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 ifthe essential sections ofthe 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 ifany 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-IA depending on the type of inspection conducted or type ofequipment 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 ofa risk·based inspection assessment or' an ultrasonic on-stream survey has substituted the internal inspection as permitted and outlined in the applicableAPI 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 awork request.

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 13 of 29
August2009
. 10· 7.1.3 Ultrasonic Thickness Survey A representative number ofthickness 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 ofthe inspection department. The ultrasonic thickness survey is prompted by a maintenance work order or by a review of the equipment inspection history file orby 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 equipmentinspection history file located in the inspection department. The data is putinto the CMMS history file for thatparticularequipment. Whenevera condition requiring additional work or an inspection recommendation is submitted by the inspector(s) as aresult ofthe inspection, the inspector(s) initiate a workrequest. 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 ofthe used oil, checking bearing clearances, checking for excess play in the motor and pump shafts, and checkingthe condition ofthe mechanical seal orpacking. 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 August2009
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 ofthe 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 ofplant-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 thatproper 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 ofthe PM Foreman. The technicians receive training on the vibration analysis system and on vibration datacollection.
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 August2009 the data collectorthatthe 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 ofthe PM group. Ifthe analysis indicates that corrective action mustbe taken, the PM technician writes a work orderto correctthe deficiency. Baseline data for the program changes ifcorrective 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 ofthe 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 SteamTurbine Daily Vibration Vibration Monitorvibrationand enterintothe CMMS. and Main Blower History analysis computerfiles Pumps Monthly
.Vibration Vibmtion Pumps are added tothe vibration analysis History analysis program atthe discretion ofthe computerfiles MaintenancePM Foreman. Thedecision is based onthepwnp type, size, and criticality. Typically, all pumps in the SAPs are

. monitored exceptthefollowing: 1. Small pumps such as gearlube oil orinjection IDumos; 2. Submersibleoumos. Motors Monthly Vibration Vibration Motors are addedto the vibration analysis History analysis program atthediscretion ofthe computerfiles MaintenancePM Foreman. Thedecision is based on the size andhorsepowerratingof themotor, and on the criticalityofthe equipmentbeing driven. Motorsnot typically includedinthe vibration monitoringprogram include: 1. Small motors (lessthan 10hp)j 2.**Non~process** relatedmotors.

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 16 of 29 August 2009

- 13- 

### 9.0 SPAREPARTS
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 ConsentDecree. 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 notyet been installed and is not operational, an O&M Plan including itcannot be developed atthis 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 of5 years in order to demonstrate to the regulatory agencies thatthe 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 sulfurdioxide ("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 ATrain. 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 of802 emitted per unit oftime and pounds of802emitted per ton of 100% Sulfuric Acid Produced ("Ib/ten"). The system will utilizethree 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 oftime and Ib/ton, will be directly calculated using Equations 1, 2, and 3 below. Forthe purposes ofthis Plan, Standard Conditions are atemperature of68°F and a pressure of 14.696 psia. Equation 1: M8O,S/ack = QStack •Cs Equation 2: p

TansH,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.%0 2 

### -7.61.Cs) Where: 

### p TansH, 8O, Mso,Slack QSlack 

### %0

# ,

Cs



## s =100% SulfuricAcid Production, tons per unit oftime 

# =

Mass S02 stack emission rate, Ib per unit oftime

= Volumetricflow rate ofstack gas, dry standard cubic feet (DSCF) per unit oflime 

## =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 perton 100% Sulfuric Acid Produced 

## =

the acid production rate factor, 11,800 DSCFrron of 100% SulfuricAcid

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 ofthe contact process and the fact that the ratio of oxygen to nitrogen ofthe incoming air is fixed. The Ib/lon equation (Equation 3) is the ratio ofthe 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 benefitof 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 oferrors 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 AirAct ("CAA") or in Federal or state regulations promulgated pursuantto 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 exitstack, an S02 analyzer at the exit staCk, and a stackflow rate analyzer. Exceptfor 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 ofthe previous 15 measurements.

• During routine calibration checks and adjustments ofthe analyzers, the S02, O2 , and flow rate measurements will be "frozen" at their pre-caJibration level and this measurementwill be used to fill in the data gaps that occur pending completion ofthe calibration checks and adjustments.

• ifanyone or more than one analyzer is/are not operating for a period of24 hours orgreater, 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 otherestablished 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 ifthe analyzer were operating normally. o O2in the exit stack gaswill be sampled and analyzed at least once per hour, during all Operating Periods. Sampling will be conducted by Orsattest or other method (e.g.,

. portable analyzer). The most recent hourly reading will be substituted forthe four**15~**

minute average measurements thatwould otherwise be utilized ifthe analyzerwere operating normally. o Stackvolumetric flow rate will be estimated using engineering jUdgment.

• Ifanyone or more than one analyzer islare notoperating for a period of less than 24 hours, Mosaic will either: (I) follow the requirements setforth for a24 Mhour or greater period of downtime to fill in the data gaps; or (Ii) use the data recorded forthe 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 sensorat the time of each S02 measurement and determine the moisture content using a psychrometric chart or standard text watervapor pressure correlation. Emissions Calculations Rolling 3-HourAverage For purposes of calculating a roiling 3-houraverage, the CEMS will maintain an array ofthe 12 most recent 15-minute average measurements of each ofthe 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-I 3hroYg = 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-houraverage Jb S02 per ton 100% SulfuricAcid 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 ofstack S02 concentration, Ib/DSCF at interval "f 

## =Arithmetic average of 15 one-minute measurements of stackvolumetricflow 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 ofcalculating the daily mass of S02 emissions, the CEMS will maintain an array of all 15-minute average measurements ofthe S02 concentration at the exit stack and the volumetric flow rate ofthe exit stacktaken during all Operating Periods between 6:00 am local time each Day and 6:01 am local time the previous Day. After6:00 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 ofstack S02 concentration, tb/DSCF at interval

## ur =

Arithmetic average of 15 one-minute measurements ofstack volumetric flow rate, DSCFM at interval**~r** = Dally mass emissions of S02,. Ib


## =Number of 15M 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 SOl Emissions. After6:00 am local time on the last Day ofeach Month, the**12~Month** rolling sum mass of S02 emissions 

## (M SOz12MaSu»t) will be calculated using Equation 7: Equation 7: 

# , MSOzI2Ma,s"ItI =

# LM SOIDayj
• j"\ Where: 

## M = Daily mass emissions of S02 calculated for Day ',/, Ib SOIDl1)Ij d 

## =Numberof Days in the preceding 12 calendar months 

## M =12M Month 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 nearesttenth. 3hravg
. 

## C . Rounded to the nearestwhole number (I.e., 1 ppm) 4hrSll1r/up' 

## M SOlI2MoSum: Rounded to the nearest one-hundredth ofa,ton (i.e., 20 Ib). The number"5" shall be rounded up, Thus, ashort-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 orestablished pursuant to Paragraph 8 ofthe Consent Decree. Mosaic will determine initial compliance with the Short-Term Limit following Startup 3 hours afterthe completion ofthe 4-hour Startup period (i.e. afterthe seventh hour following the commencement ofsulfurfeed). If Mosaic contends that emissions dUring a Malfunctlon(s) resulted in acalculated 3-hour rolling average emission rate(s) In excess ofthe applicable Short-Term limit provided orestablished pursuant to Paragraph 8 ofthe Consent Decree afterthe period ofthe Malfunctlon(s) end(s), Mosaic shall recalculate E3Jlra.g to exclude measurements recorded during the period(s) ofthe 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 perton of 100% Sulfuric Acid Produced. Mosaic will determine inilial compliance with the NSPS Limit following Startup 3 hours afterthe completion ofthe 4-hour Startup period (I.e. afterthe seventh hourfollowing the commencement ofsulfurfeed). If Mosaic contends that emissions during a MaJfunction(s) resulted In a calculated 3-hour rolling average emission rate(s) in excess of4.0 lblton after the period ofthe Malfunction(s) end(s), Mosaic shall recalculate E3hravg to exclude measurements recorded dUring the period(s) ofthe 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 

## (M SOl12MoSlIm) does not exceed the applicable Mass Cap provided orestablished pursuant to Paragraph 8 ofthe Consent Decree.

Page 5 of6

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 22 of 29

Retention ofAll CEMS Data. Including Data during startub. Shutdown. and Malfunction Mosaicwill retain all data generated by its S02 analyzer, O2analyzer, and stack flow analyzer, including all data generated during Startup, Shutdown, and/or Malfunction ("SSM") ofthe Sulfuric Acid Plant in accordance with Section XII (Information Collection and Retention) ofthe 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 %O 2 dry basis Volumetric flow Stack 13% to 125% ofthe 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. Part60, Appendix B, Performance Specification 2, and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part60, Appendix F, Procedure 1. The stack O2analyzer will meet 40 C.F.R. Part60 Appendix B, Performance Specification 3 and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part60, Appendix F, Procedure 1. The volumetric flow rate analyzerwill meet40 C.F.R. Part 60, Appendix B, Performance Specification 6 and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part60, 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 alsowill comply with all ofthe requirements of the NSPS relating to monitoring exceptthat, 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** at40 C.F.R. § 60.84(a) that the stack 802analyzer have aspan value of 1000 ppm. In lieu ofthis, 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 ofthis, Mosaic will utUizethe procedures specified in this CEMS Plan for calculating compliance with the NSPS 3-houraverage 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 DTrain. The methodology described in this CEMS Plan will provide a continuous**real~tjme** indication ofcompliance with the emission limits established in the Consent Decree by continuously determining the emission rate both in terms of pounds of S02 emitted per unitafUme 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 oftime and Iblton, will be directly calculated using Equations 1, 2, and 3 below. Forthe purposes ofthis Plan, Standard Conditions are atemperature of68°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!1HlSO,

- 

### S Equation 3: QSl<ICk •Cs
.S 

# =

Q""d< 

### .(0.264-0.0126.%0, -7.61.Cs) Where: 

### P TrmsHlSO, MSChSlac!< QSIOc!< 

### 0/.0

# ,

Cs



# s =100% SulfuricAcid Production, tons per unit oftime 

## =Mass S02 stackemission rate, Ib per unit oftime 

## =

Volumetricflow rate ofstack gas, dry standard cubic feet (DSCF) per

unit oftime 

# =

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 perton 100% SulfuricAcid Produced 

## =

the acid production rate factor, 11,800 DSCF/Ton of 100% SulfuricAcid

Produced; The mass emission rate equation (Equation 1) calculates the 802mass emission rate by multiplying the total stack gas flow rate bythe stack S02 concentration. The 100% Sulfuric Acid Production Rate equation (Equation 2) is based on a material balance ofthe contact process and the fact thatthe 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 airis fixed. The Iblton equation (Equation 3) is the ratio ofthe mass SOz emission rate to the 100% SulfuricAcid Production Rate. The benefitof 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 oferrors 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 AirAct 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 stackflow rate analyzer. Exceptfor 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 ofthe previous 1Smeasurements.

• DUring routine calibration checks and adjustments ofthe 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 ofthe calibration checks and adjustments.

• ,Ifanyone or more than one analyzer isfare not operating for a period of24 hours orgreater, 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 502at least once per hour, during all Operating Periods. Sampling will be conducted by Reich test orotherestablished 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 ifthe analyzer were operating normally. o . Oz in the exit stack gas will be sampled and analyzed at least once perhour, during all Operating Periods. Sampling will be conducted by Orsattest or other method (e.g., portable analyzer). The most recent hourly reading will be substituted forthe four 15- minute average measurements thatwould otherwise be utilized ifthe analyzerwere operating normally. o Stackvolumetric flow rate will be estimated using engineering judgment.

• Ifanyone 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 a24-hour orgreater period of downtime to fill in the data gaps; or (Ii) use the data recorded forthe 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-HourAverage For purposes ofcalculating a roiling 3-houraverage, the CEMS will maintain an array ofthe 12 most recent 15-minute average measurements ofeach ofthe three monitored parameters. Everyfifteen 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 ofstack O 2 concentration, percent by volume dry basis at interval"f 

## =

Arithmetic average of 15 one-minute measurements ofstack502 concentration, lb/DSCF at interval "f
= Arithmetic average of 15 one-minute measurements ofstackvolumetric

flow rate, OSCF per minute at interval "I' 

## =

the acid production rate factor, 11,800 DSCFfTon of 100% Sulfuric Acid

Produced; 

### =3-houraverage lb 502 per ton 100% SulfuricAcid Produced Rolling 365-dayAverage Fortile purposes ofcalculating the rolling 365-day average Iblton 502 emission rate, the CEMS will maintain an array ofall 15-minute average measurements ofthe 502concentration at the exit stack, O

2 concentration atthe exit staCk, and the volumetric flow rate ofthe exit stack taken overail 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 previouswill 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 Daywill be excluded. After6:00 am local time each Day, the S02 emission rate as Iblton, averaged overa 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 ofstack O 2 concentration, percent by volume dry basis at interval"f '" Arithmetic average of 15 one-minute measurements ofstack 502

concentration, IblDSCF at interval"f '" Arithmetic average of 15 one-minute measurements of stackvolumetric

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 agiven Day and 6:01 am local time 366 Days prior. 

# =

365-day rolling average lb S02 perton of 100% SulfuricAcid Produced on agiven 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 ofSO:?, Emissions. For the purposes ofcalculating the daily mass of502emissions, the CEMS will maintain an array of all 15-minute average measurements ofthe 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. After6:00 am local time each Day, the daily mass of S02 emissions 

## (M SO,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 ofstack 502 concentration, Ib/D5CF at interval "f 

## =

Arithmetic average of 15 one-minute measurements ofstackvolumetric flow rate, DSCFM at interval "f 

## =Daily mass emissions of502 , Ib

= Numberof 15-minute average measurement intervals between 6:00 am local

time on agiven Day and 6:01 am local time the previous Day. 12-Month Rolling Sum of Mass SO" Emissions. After6:00 am local time on the last Day ofeach Month, the 12-Month roJUng sum mass ofS02 emissions 

## (M SO,12Mosum) will be calculated using Equation 7: Equation 7: 

# , M SO, 12Mo Sum = 

## LM SO,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 of502 calculated for Day oj', Ib


## =Numberof Days In the preceding 12 calendar months 

# =12-Month rolling sum of502 emitted into the atmosphere, Ib Rounding of Numbers resulting from Calculations Upon completion ofthe calculations, the final numbers shall be rounded as follows: 

## E . Rounded to the nearesttenth. 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, ashort-term rate of2.2511 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 ofStartup, Shutdown, or Malfunction ("SSM"). During all otherOperating Periods, Mosaic will be In compliance with the Short-Term 502 Consent Decree Limit if

## E3h,..,.g does not exceed 3.5 Ib of502 perton of 100% SulfuricAcid Produced. If Mosaic contends that emissions during a Malfunction(s) resulted in acalculated 3-hour rolling average emission rate(s) in excess of3.5lb/ton after the period ofthe Malfunction(s) end(s), Mosaic shall recalculate E3h,..,.g to exclude measurements recorded during the period(s) ofthe claimed -Malfunction(s). New Source Performance Standards ("NSP5") SOz Limits The NSPS Limit does not apply during periods ofStartup, Shutdown, or Malfunction. During all other Operating Periods, Mosaicwill be in compliance with the NSPS Limit if E3hravg does not exceed 4.0 Ib of 502 per ton of 100% Sulfuric Acid Produced. IfMosaic contends that emissions during a Malfunction{s) resulted in a calculated 3-hour rolling average emission rate(s) in excess of4.0 Ib/ton after the period ofthe Malfunction(s) end(s), Mosaic shall recalculate 

## E3hra.g to exclude measurements recorded during the perlod(s) ofthe claimed Malfunction{s). Long-Term SOl Limits Mosaic will be in compliance with the Long·Term 802 Consent Decree Limiteach Day that E,6s_auYA.g does not exceed 2.20 Ib of502 perton of 100% SulfuricAcid Produced. Mass Cap for 502 Mosaic will be in compliance with the Mass Cap each Month thatthe 12-month rolling sum 

## (M SOl12MoSum) is 884 tons (1,768,000 Ib) of502or less.

Page 5 of6

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 28 of 29

Retention ofAll CEMS Data. including Data during Startup. Shutdown, and Malfunction Mosaicwill retain all data generated by Its S02 analyzer. O2analyzer, and stack flow analyzer, including all data generated during SSM ofthe Sulfuric Acid Plant in accordance with Section XII (Information Collection and Retention) ofthe 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% ofthe maximum rate, dry standard expected volumetricflow rate cubic feet per minute ("DSCFM") The stack 502analyzerwill 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 O2analyzerwill meet 40 C.F.R. Part60 Appendix B, Performance Specification 3 and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part60, Appendix F, Procedure 1. The volumetric flow rate analyzerwiJl meet40 C.F.R. Part60, Appendix

### a, Performance Specification 6 and the Quality Assurance and Quality Control Procedures in 40 C.F.R. Part60, Appendix F, Procedure 

# ,. Compliance with the NSPS: 40 C.F.R. Part60. Subpart H In addition to the requirements in this CEMS Plan, Mosaic also will comply with all ofthe requirements of the NSPS relating to monitoring exceptthat, pursuantto 40 C.F.R. § 60.13(i), this CEMS Plan will supersede thefollowing provisions of40 C.F.R. Part 60, Subpart H:

.. The requirement at 40 C.F.R. § 60.84(a) thatthe stack 502 analyzer have aspan value of 1000 ppm. In Heu ofthis, Mosaic will utilize the span values specified in Table 1 above; and

• The procedures specified at40 C.F.R. § 60.84(b) for converting monitoring data into the units of the applicable standard. In lieu ofthis, Mosaic will utilize the procedures specified in this CEMS Plan for calculating compliance with the NSPS 3·houraverage limit.

Page6of6

### Case 2:09-cv-06662-AJM-JCW Document 5-2 Filed 12/23/2009 Page 29 of 29

APPENDIXD A Train InterimMass Caps between May2013 and March2014: 

### Month Interim Mass Can (tons) May 2013 587 June 2013 570 Julv 2013 553 Au.ust 2013 536 September2013 520

October2013 503 November2013 486 December2013 469

January 2014 453 February 2014 436

March 2014 419