Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 1 of 159 

IGNACIA S. MORENO 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

Washington, D.C. 20530 

MYLES E. FLINT, II 

Trial Attorney 

Environmental Enforcement Section 

U.S. Department of Justice 

P.O. Box 7611 

Washington, D.C. 20044 

(202) 307-1859 

Attorneys for Plaintiff United States 

[Additional Counsel identified on signature pages.] 

IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 

DIVISION OF ST. CROIX 

UNITED STATES OF AMERICA, 

and 

THE UNITED STATES VIRGIN 

ISLANDS 

Plaintiffs, 

v. 

HOVENSA L.L.C. 

Defendant. 

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CIVIL ACTION NO. 

________________________ ) 

CONSENT DECREE 

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TABLE OF CONTENTS 

I. JURISDICTION AND VENUE ..................................................................................... - 6-

II. APPLICABILITY AND BINDING EFFECT ................................................................ -7-

III. OBJECTIVES ................................................................................................................. - 8 -

IV. DEFINITIONS ................................................................................................................ - 8-

V. AFFIRMATIVE RELIEF/ENVIRONMENTAL PROJECTS ..................................... - 16-

A. Control ofNOx Emissions from the FCCU ...................................................... - 16-

B. Control ofS02 Emissions from the FCCU ....................................................... - 17-

C. Control ofPM Emissions from the FCCU ........................................................ - 18-

D. Control of CO Emissions from the FCCU ........................................................ - 19-

E. NSPS Subparts A and J Applicability to the FCCU Catalyst Regenerator ....... - 20-

F. NOx Emission Reductions from Heaters, Boilers, Generating Turbines, 

and Compressor Engines ................................................................................... - 21 -

G. S02 Emissions Reductions from, and NSPS Applicability to, Heaters, 

Boilers and Generating Turbines ...................................................................... - 28 -

H. Sulfur in Fuel Restrictions for Oil Burning ...................................................... - 29-

I. Sulfur Recovery Plants ..................................................................................... - 32-

J. Flaring Devices- NSPS Applicability ............................................................. - 39-

K. Control of Acid Gas Flaring Incidents and Tail Gas Incidents ......................... - 41 -

L. Control of Hydrocarbon Flaring Incidents ........................................................ - 55-

M. Stipulated Penalties Under This Section ........................................................... - 55-

N. Certification ...................................................................................................... - 58-

0. CERCLA/EPCRA ............................................................................................. - 58-

P. Benzene Waste NESHAP Progrrun .................................................................. -59-

Q. NSPS QQQ ....................................................................................................... - 74-

R. Leak Detection and Repair ("LDAR") Program ............................................... - 74-

VI. PERMITTING .............................................................................................................. - 91 -

VII. EMISSION CREDIT GENERATION ......................................................................... - 92-

VIII. ADDITIONAL INJUNCTIVE RELIEF ....................................................................... - 95 -

A. Delayed Coker Unit .......................................................................................... - 95-

B. NSPS Applicability: Boilers and Generating Turbines .................................... - 96-

IX. TERRITORIAL SUPPLEMENTAL ENVIRONMENTAL PROJECT ....................... - 96-
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X. REPORTINGANDRECORDKEEPING .................................................................. -101-

XI. CIVIL PENALTY ....................................................................................................... - 105 -

XII. STIPULATED PENAL TIES ...................................................................................... - 106 -

A. Requirements for NOx Emissions Reductions from the FCCU ...................... - 107-

B. Requirements for S02 Emissions Control from the FCCU ............................ - 107 -

C. Requirements for PM Emissions Control from the FCCU ............................. - 107-

D. Requirements for CO Emissions Control from the FCCU ............................. - 107-

E. Requirements Related to NSPS Applicability to FCCU Catalyst 

Regenerator ..................................................................................................... - 108-

F. Requirements for NOx Emission Reductions from Heaters, Boilers, 

Generating Turbines and Compressor Engines ............................................... - 108 -

G. Requirements for S02 Emissions Reductions from Heaters, Boilers and 

Generating Turbines ........................................................................................ - 1 09 -

H. Requirements for Sulfur Recovery Plants ....................................................... - 109-

I. Requirements for Flaring Devices .................................................................. - 110 -

J. Requirements for Benzene Waste NESHAP Program .................................... - IllK. Requirements for Leak Detection and Repair Program .................................. - 112 -

L. Requirements to Incorporate Consent Decree Requirements into 

Federally-Enforceable Permits ........................................................................ - 116-

M. Requirements Related to Territorial Supplemental Environmental Project ... - 116-

N. Requirements for Monitoring, Reporting and Recordkeeping ....................... - 116-

0. Requirements to Pay Civil Penalty ................................................................. - 117-

P. Requirement to Pay Stipulated Penalties ........................................................ - 118 -

Q. Requirements for Coker .................................................................................. - 118-

R. General Provisions Related to Stipulated Penalties ........................................ - 118 -

XIII. INTEREST .................................................................................................................. - 120 -

XIV. RIGHT OF ENTRY .................................................................................................... - 120-

XV. FORCE MAJEURE .................................................................................................... -121-

XVI. RETENTION OF JURISDICTION/DISPUTE RESOLUTION ................................ -124-

XVII. EFFECT OF SETTLEMENT ..................................................................................... - 126-

XVIII. GENERAL PROVISIONS .......................... ' ............................................................... - 138-

XIX. TERMINATION ......................................................................................................... - 145-

XX. SIGNATORIES .......................................................................................................... - 149-

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TABLE OF APPENDICES 

Appendix A List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, Generating 

Turbines and Compressor Engines 

Appendix B Predictive Emissions Monitoring System Requirements 

Appendix C NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion 

Devices (Other than Flaring Devices) 

Appendix D List of Flaring Devices Subject to NSPS Subparts J/Ja 

Appendix E HOVENSA'S LDAR and BWON Training Program Summary 

Appendix F Method 21 Monitoring Locations for API Separators 1, 2 and 3 

Appendix G Valve Preventative Leak Maintenance Procedure Workflow Diagram 

Appendix H Additional Coker Project Injunctive Relief 

Appendix I Map ofHOVENSA L.L.C. 
Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 5 of 159 

WHEREAS, Plaintiff, the United States of America ("Plaintiff' or "United States"), by 

the authority ofthe Attorney General ofthe United States and through its undersigned counsel, 

acting at the request and on behalf of the United States Environmental Protection Agency 

("EPA"), has simultaneously filed a Complaint against and lodged this Consent Decree against 

Defendant, HOVENSA L.L.C. ("HOVENSA"), for alleged environmental violations at the 

HOVENSA petroleum refinery in St. Croix, U.S. Virgin Islands ("Refinery"); 

WHEREAS, the United States alleges that HOVENSA has violated and/or continues to 

violate the following statutory and regulatory provisions of the Clean Air Act: 

1) Prevention of Significant Deterioration ("PSD") requirements found at Part C of 

Subchapter I of the Clean Air Act ("CAA'' or the "Act"), 42 U.S.C. § 7475, and the regulations 

promulgated thereunder at 40 C.F.R. § 52.21 (the "PSD Rules"); 

2) New Source Performance Standards ("NSPS") found at 40 C.F .R. Part 60, 

Subparts A and J promulgated pursuant to Section Ill of the Act, 42 U.S.C. § 7411 ("Refinery 

NSPS Regulations"), for sulfur recovery plants, fuel gas combustion devices, and fluid catalytic 

cracking unit catalyst regenerators; 

3) Leak Detection and Repair ("LDAR") requirements promulgated pursuant to 

Sections Ill and 112 of the Act, 42 U.S.C. §§ 7411 and 7412, and found at 40 C.F.R. Part 60 

Subparts VV and GGG, 40 C.F.R. Part 61, Subparts J and V; and 40 C.F.R. Part 63, Subparts F, 

H, and CC ("LDAR Regulations"); 

4) National Emission Standards for Hazardous Air Pollutants ("NESHAP") for 

Benzene Waste Operations promulgated pursuant to Section 112(e) ofthe Act, 42 U.S.C. 

§ 7412(e), and found at 40 C.F.R. Part 61, Subpart FF ("Benzene Waste NESHAP 

Regulations"); 

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WHEREAS, the United States also specifically alleges that, upon information and belief, 

HOVENSA has been and/or continues to be in violation of other territorial rules, regulations, and 

permits adopted or issued by the United States Virgin Islands to the extent that such rules, 

regulations, and permits implement, adopt, or incorporate the above-described federal 

requirements; 

WHEREAS, the United States Virgin Islands ("Virgin Islands"), has sought to intervene 

in this matter alleging violations of its applicable State Implementation Plan ("SIP") provisions 

and/or other territorial rules, regulations, and permits incorporating and implementing the 

foregoing federal requirements; 

WHEREAS, HOVENSA denies that it has violated and/or continues to violate the 

foregoing statutory and regulatory requirements, SIP provisions, and other territorial rules, 

regulations, and permits incorporating and implementing the foregoing federal requirements, and 

maintains that it has been and remains in compliance with all applicable statutes, regulations, and 

permits and is not liable for civil penalties and injunctive relief as alleged in the Complaint; 

WHEREAS, the United States is engaged in a nationwide federal strategy for achieving 

cooperative agreements with U.S. petroleum refineries to achieve across-the-board reductions in 

emissions ("Global Settlement Strategy"); 

WHEREAS, HOVENSA consents to the simultaneous filing of the Complaint and 

lodging of this Consent Decree, despite its denial ofthe allegations in the Complaint, to 

accomplish its objective of cooperatively reconciling the goals of the United States, the Virgin 

Islands and HOVENSA under the Clean Air Act and the corollary territorial statute, and 

therefore agrees to undertake the installation of air pollution control equipment and 

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enhancements to its air pollution management practices to reduce air emissions by participating 

in the Global Settlement Strategy; 

WHEREAS, by entering into this Consent Decree, HOVENSA is committed to 

proactively resolving environmental concerns relating to its operations; 

WHEREAS, the United States and the Virgin Islands anticipate that the affirmative relief 

and environmental projects identified in Part V (Affirmative Relief/Environmental Projects) will 

reduce annual emissions from HOVENSA's Refinery by the following amounts: 1) nitrogen 

oxides by approximately 5,031 tons per year; and 2) sulfur dioxide by approximately 3,460 tons 

per year. 

WHEREAS, with respect to the provisions of Section V .K (Control of Acid Gas Flaring 

Incidents and Tail Gas Incidents), EPA maintains that "[i]t is the intent of the proposed standard 

[40 C.F.R. § 60.104] that hydrogen-sulfide-rich gases exiting the amine regenerator [or sour 

water stripper gases] be directed to an appropriate recovery facility, such as a Claus sulfur plant," 

see Background Information for Proposed New Source Performance Standards: Asphalt 

Concrete Plants. Petroleum Refineries. Storage Vessels. Secondary Lead Smelters and 

Refineries. Brass or Bronze Ingot Production Plants, Iron and Steel Plants, Sewage Treatment 

Plants, Vol. 1, Main Text at 28; 

WHEREAS, EPA further maintains that the failure to direct hydrogen sulfide-rich gases 

to an appropriate recovery facility - and instead to flare such gases under circumstances that are 

not sudden or infrequent or that are reasonably preventable- circumvents the purposes and 

intentions of the standards at 40 C.F .R. Part 60, Subpart J; 

WHEREAS, EPA recognizes that "Malfunctions," as defined in Paragraph 10 and 

40 C.F.R. § 60.2, of the "Sulfur Recovery Plants" or of"Upstream Process Units" may result in 

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flaring of"Acid Gas" or "Sour Water Stripper Gas" on occasion, as those terms are defined 

herein, and that such flaring does not violate 40 C.F .R. § 60.11 (d) or NSPS Subpart J or Ja if the 

owner or operator, to the extent practicable, maintains and operates such units in a manner 

consistent with good air pollution control practice for minimizing emissions during these 

periods; 

WHEREAS, EPA recognizes that the HOVENSA Refinery is located on an island in the 

Caribbean Sea which precludes the Refinery's access to natural gas and consequently its ability 

to limit burning fuel oil in Refinery heaters and boilers; 

WHEREAS, as ofthe Date of Lodging, the Virgin Islands Territory is in attainment for 

all primary and secondary ambient air quality standards ( 40 C.F .R. § 81.356); 

WHEREAS, Section 325 of the Clean Air Act provides that under certain circumstances 

an exemption for some requirements ofthe Act may be provided due to "unique geographical, 

meteorological, or economic factors of such [Virgin Islands] territory"; 

WHEREAS, discussions between the Parties have resulted in the settlement embodied in 

this Consent Decree; 

WHEREAS, HOVENSA has waived any applicable federal, territorial or local 

requirements of statutory notice ofthe alleged violations; 

WHEREAS, by signing this Consent Decree, HOVENSA has waived the right of service 

of process, and the United States agrees that HOVENSA need not answer the Complaint; 

WHEREAS, EPA sought and HOVENSA provided a substantial amount of information 

concerning Refinery operations and configuration; 

WHEREAS, the Parties engaged in numerous meetings over the past six ( 6) years to 

resolve this matter; 

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WHEREAS, the Parties acknowledge the following: (1) shortly before executing the 

Consent Decree, EPA adopted more stringent National Ambient Air Quality Standards 

(NAAQS) for N02 (75 Fed. Reg. 6474 (Feb. 9, 2010)), SOz (75 Fed. Reg. 35520 (June 22, 

2010)), and issued a memorandum regarding demonstrating compliance with PM-2.5 NAAQS 

(March 23,2010, "Modeling Procedures for Demonstrating Compliance with PM-2.5 NAAQS"); 

(2) the more stringent N02 and S02 NAAQS and PM-2.5 memorandum may affect HOVENSA's 

ability to timely obtain permits necessary to meet the compliance schedules set in Paragraphs 

23- 28, 34, 35, 135 (as to Boiler 5), and 136; and (3) the Parties do not intend to require the 

construction of any project required as a result of the N02 or S02 NAAQS or PM-2.5 

memorandum to occur concurrently with the construction of projects required by Paragraphs 23 

- 28, 34, 35, 135 (as to Boiler 5), and 136. 

WHEREAS, notwithstanding the foregoing reservations, the Parties agree that: 

(i) settlement ofthe matters set forth in the Complaint is in the best interests ofthe Parties and 

the public; and (ii) entry of this Consent Decree without litigation is the most appropriate means 

of resolving this matter; and 

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

that this Consent Decree has been negotiated at arms' length and in good faith and that this 

Consent Decree is fair, reasonable, and in the public interest; 

WHEREAS, the Virgin Islands Department of Planning and Natural Resources 

("VIDPNR") recognizes that, after the Date ofLodging of this Consent Decree, HOVENSA may 

seek to apply for a revised Permit to Operate (or Title V permit amendment) for the Coker to 

change, modify or delete certain provisions, in accordance with and as provided by applicable 

permitting regulations providing for such revisions; 

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WHEREAS, the Parties agree that nothing in this Consent Decree requires the 

aggregation of projects undertaken to implement the requirements of this Consent Decree for 

purposes of NSR/PSD permitting, and that such determinations shall be made in accordance with 

applicable EPA policy; 

NOW THEREFORE, with respect to the matters set forth in the Complaint and in Part 

XVII (Effect of Settlement), and before the taking of any testimony, without adjudication of any 

issue of fact or law, and upon the consent and agreement of the Parties to this Consent Decree, it 

is hereby ORDERED, ADJUDGED, and DECREED as follows: 

I. JURISDICTION AND VENUE 

1. This Court has jurisdiction over the subject matter of this action and over the 

Parties pursuant to 28 U.S.C. §§ 1331, 1345, and 1355. In addition, this Court has jurisdiction 

over the subject matter of this action pursuant to Sections 113(b) and 167 of the CAA, 42 U.S.C. 

§§ 7413(b) and 7477. The United States' Complaint states a claim upon which relief may be 

granted for injunctive relief and civil penalties against HOVEN SA under the Clean Air Act. 

Authority to bring this suit is vested in the United States Department of Justice by 28 U.S.C. 

§§ 516 and 519 and Section 305 of the CAA, 42 U.S.C. § 7605. 

2. Venue is proper in the District ofthe Virgin Islands pursuant to Section 113(b) of 

the CAA, 42 U.S.C. § 7413(b), and 28 U.S.C. §§ 1391(b) and (c) and 1395(a). HOVENSA _;_ 

consents to the personal jurisdiction of this Court, waives any objections to venue in this District, 

and does not object to the Virgin Islands' participation in this action. 

3. Notice of the commencement of this action has been given to the Virgin Islands in 

accordance with Section 113(a)(1) ofthe Clean Air Act, 42 U.S.C. § 7413(a)(1), and as required 

by Section 113(b) ofthe CAA, 42 U.S.C. § 7413(b). 

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II. APPLICABILITY AND BINDING EFFECT 

4. The provisions of this Consent Decree shall apply to the Refinery, and shall be 

binding upon the United States, the United States Virgin Islands, HOVENSA and its agents, 

successors, and assigns. "i" 

5. HOVENSA agrees not to contest the validity of this Consent Decree in any 

subsequent proceeding to implement or enforce its terms. HOVENSA further agrees that, in any 

action to enforce this Consent Decree, it shall not raise as a defense the failure by any of its 

officers, directors, employees, agents, or contractors to take any actions necessary to comply 

with the provisions of this Consent Decree. 

6. Effective from the Date of Entry of this Consent Decree until termination 

pursuant to Part XIX (Termination), HOVENSA agrees that the Refinery is covered by this 

Consent Decree. Effective from the Date of Entry, HOVENSA shall give written notice of this 

Consent Decree to any successors in interest to the Refinery prior to the transfer of ownership or 

operation of any portion ofthe Refinery and shall provide a copy ofthis Consent Decree to any 

successor in interest. HOVENSA shall notifY the United States and the Virgin Islands, in 

accordance with the notice provisions set forth in Paragraph 225 ("Notice"), of any successor in 

interest at least thirty (30) Days prior to any such transfer. 

7. HOVENSA shall condition any transfer, in whole or in part, of ownership of, 

operation of, or other interest (exclusive of any non-controlling, non-operational shareholder or 

membership interest) in the Refinery upon the execution by the transferee of a modification to 

this Consent Decree, which makes the terms and conditions of this Consent Decree applicable to 

the transferee. By no earlier than thirty (30) Days after such notice, HOVENSA may file a 

motion to modifY this Consent Decree with the Court to make the terms and conditions of this 

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Consent Decree applicable to the transferee. HOVENSA shall be released from the obligations 

and liabilities of this Consent Decree unless the United States or the Virgin Islands opposes the 

motion and the Court finds that the transferee does not have the financial and technical ability to 

assume the obligations and liabilities under this Consent Decree. 

8. Except as provided in Paragraph 7, HOVENSA shall be solely responsible for 

ensuring that performance of the work contemplated under this Consent Decree is undertaken in 

accordance with the deadlines and requirements contained in this Consent Decree and any 

appendices hereto. HOVENSA shall provide a copy of the applicable provisions of this Consent 

Decree to each consulting or contracting firm that is retained to perform work required under this 

Consent Decree upon execution of any contract relating to such work. Copies of the relevant 

portions of this Consent Decree do not need to be supplied to firms who are retained solely to 

supply materials or equipment to satisfy the requirements of this Consent Decree. 

III. OBJECTIVES 

9. It is the purpose of the Parties to this Consent Decree to further the objectives of 

the Clean Air Act. 

IV. DEFINITIONS 

10. Unless otherwise defined herein, terms used in this Consent Decree shall have the 

meaning given to those terms in the Clean Air Act and the implementing regulations 

promulgated thereunder. The following terms used in this Consent Decree shall be defined, 

solely for purposes of this Consent Decree and the reports and documents submitted pursuant 

thereto, as follows: 

A. "365-day rolling average" shall mean the average daily emission rate during the 

preceding 365 Operating Days. 

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B. "7-day rolling average" shall mean the average daily emission rate during the 

preceding seven (7) Operating Days. 

C. "Acid Gas" shall mean any gas that contains hydrogen sulfide and is generated at 

a refinery by the regeneration of an amine scrubber solution but does not include Tail Gas. 

D. "Acid Gas Flaring" or "AG Flaring" shall mean the combustion of an Acid Gas 

and/or Sour Water Stripper Gas in an AG Flaring Device. 

E. "Acid Gas Flaring Device" or "AG Flaring Device" shall mean any device that is 

used for the purpose of combusting Acid Gas and/or Sour Water Stripper Gas, except facilities in 

which gases are combusted to produce sulfur or sulfuric acid. The AG Flaring Devices currently 

in service are identified in Appendix D ("List of Flaring Devices Subject to NSPS Subparts 

J/Ja"). To the extent that, during the duration ofthe Consent Decree, the Refinery utilizes AG 

Flaring Devices other than those specified in Appendix D ("List of Flaring Devices Subject to 

NSPS Subparts J/Ja") for the purpose of combusting Acid Gas and/or Sour Water Stripper Gas, 

those AG Flaring Devices shall be covered under this Consent Decree. 

F. "Acid Gas Flaring Incident" or "AG Flaring Incident" shall mean an incident that 

results in the continuous or intermittent combustion of Acid Gas and/or Sour Water Stripper Gas 

in one or more AG Flaring Devices that results in the emission of sulfur dioxide equal to, or in 

excess of, 500 pounds in any 24-hour period; provided, however, that if 500 pounds or more of 

sulfur dioxide has been emitted in a 24-hour period and flaring continues into subsequent, 

contiguous, non-overlapping 24-hour period(s), each period of which results in emissions equal 

to, or in excess of, 500 pounds of sulfur dioxide, then only one AG Flaring Incident shall have 

occurred. Subsequent, contiguous, non-overlapping periods are measured from the initial 

commencement of flaring within the AG Flaring Incident. When AG Flaring occurs within a 

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24-hour period at more than one AG Flaring Device the quantity of sulfur dioxide attributable to 

AG Flaring emitted from each AG Flaring Device shall be added together for purposes of 

determining whether there is one AG Flaring Incident unless the root causes of the flaring at the 

various AG Flaring Devices are not related to each other. 

G. "Calendar Quarter" shall mean the three month period ending on March 31st, 

June 30th, September 30th, and December 31st. 

H. "CEMS" shall mean continuous emissions monitoring system. 

I. "CO" shall mean carbon monoxide. 

J. "Coker" shall mean the delayed coker unit commissioned on or about 

August 2002. 

K. "Coker Steam Vents" shall mean the valves and associated pipe located on the 

coke drums that are used to vent exhaust gases from the coke drum to the atmosphere following 

water quench. This shall not include emergency pressure relief safety valves. 

L. "Compressor Engines" shall mean the fuel-fired reciprocating engines that are 

coupled to the Nos. 2 and 4 desulfurizer unit compressors. 

M. "COMS" shall mean continuous opacity monitoring system. 

N. "Consent Decree" or "Decree" shall mean this Consent Decree, including any and 

all appendices attached to this Consent Decree. 

0. "Current Generation Ultra-Low NOx Burners" or "Current Generation ULNBs" 

shall mean those burners that are designed to achieve a NOx emission rate of less than or equal to 

0.040 lb NOx/mmBTU (HHV) when firing natural gas at 3% stack oxygen at full design load 

without air preheat, even if upon installation actual emissions exceed 0.040 lb NO,JmmBTU 

(HHV). 

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P. "Date ofEntry" shall mean the date on which this Consent Decree is approved 

and signed by a District Court Judge for the District of the Virgin Islands. 

Q. "Date of Lodging" shall mean the date this Consent Decree is lodged with the 

District Court ofthe Virgin Islands. 

R. "Day" or "Days" shall mean a calendar day or days unless expressly stated to be 

a Working Day or Working Days. In computing any period of time under this Consent Decree 

(except for the calculation of rolling averages), where the last day would fall on a Saturday, 

Sunday, or federal or Virgin Islands territorial holiday, the period shall run until the close of 

business ofthe next Working Day. 

S. "EPA" shall mean the United States Environmental Protection Agency and any 

successor departments or agencies ofthe United States. 

T. "FCCU" shall include the riser, reactor, regenerator, air blower, spent catalyst 

stripper, catalyst recovery equipment, regenerator equipment for controlling air pollutant 

emissions, flue gas cooler, and the fractionator, its overhead condenser and associated wet gas 

compressor. 

U. "FCCU and Coker Drain Systems" means the individual drain systems (as defined 

in 40 CFR §60.691) and ancillary equipment which manage oily wastewater generated in the 

process units in the FCCU complex and the Coker. 

V. "FCCU Catalyst Regenerator" shall mean a fluid catalytic cracking unit catalyst 

regenerator, as defined in 40 C.F.R. § 60.101. 

W. "FCCU Turboexpander Vents" shall mean the vents used during maintenance 

after the turboexpander has been completely bypassed to safely depressurize the ductwork and 

turboexpander. 

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X. "Flaring Device" shall mean an AG and/or a HC Flaring Device. 

Y. "Fuel Oil" shall mean any liquid fossil fuel with sulfur content of greater than 

0.05% by weight. 

Z. "Generating Turbine" shall mean any gas or liquid fuel-fired combustion turbine 

of any size that is used to generate electricity or steam through the use of a heat recovery steam 

generator. 

AA. "HOVENSA" shall mean HOVENSA L.L.C. and its respective successors and 

assigns. 

BB. "Hydrocarbon Flaring" or "HC Flaring" shall mean the combustion of refinerygenerated gases, except for Acid Gas, Sour Water Stripper Gas, and/or Tail Gas, in a 

Hydrocarbon Flaring Device. 

CC. "Hydrocarbon Flaring Device" or "HC Flaring Device" shall mean a flare used to 

safely control (through combustion) any excess volume of a refinery-generated gas other than 

Acid Gas and/or Sour Water Stripper Gas and/or Tail Gas. The HC Flaring Devices currently in 

service are identified in Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja"). 

To the extent that, during the duration ofthe Consent Decree, the Refinery utilizes HC Flaring 

Devices other than those specified in Appendix D ("List of Flaring Devices Subject to NSPS 

Subparts J/Ja") for the purposes of com busting any excess volume of a refinery-generated gas 

other than Acid Gas and/or Sour Water Stripper Gas and/or Tail Gas, those HC Flaring Devices 

shall be covered under this Consent Decree. 

DD. "Hydrocarbon Flaring Incident" or "HC Flaring Incident" shall mean an incident 

that results in the continuous or intermittent Hydrocarbon Flaring, except for Acid Gas, Sour 

Water Stripper Gas, or Tail Gas, at a Hydrocarbon Flaring Device that results in the emission of 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 17 of 159 

sulfur dioxide equal to or greater than five-hundred (500) pounds in any 24-hour period; 

provided, however, that if 500 pounds or more of sulfur dioxide has been emitted in any 24-hour 

period and flaring continues into subsequent, contiguous, non-overlapping 24-hour period(s), 

each period ofwhich results in emissions equal to, or in excess of, 500 pounds of sulfur dioxide, 

then only one HC Flaring Incident shall have occurred. Subsequent, contiguous, nonoverlapping periods are measured from the initial commencement of flaring within the HC 

Flaring Incident. When HC Flaring occurs within a 24-hour period at more than one HC Flaring 

Device the quantity of sulfur dioxide attributable to HC Flaring emitted from each HC Flaring 

Device shall be added together for purposes of determining whether there is one HC Flaring 

Incident unless the root causes of the flaring at the various HC Flaring Devices are not related to 

each other. 

EE. "Malfunction" shall mean, as specified in 40 C.F.R. § 60.2, "any sudden, 

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

equipment, or a process to operate in a normal or usual manner. Failures that are caused in part 

by poor maintenance or careless operation are not malfunctions." 

FF. "Next Generation Ultra-Low NOx Burners" or ''Next Generation ULNBs" shall 

mean those burners that are designed to achieve a NOx emission rate of less than or equal to 

0.020 lb NOxfmmBTU (HHV) when firing natural gas at 3% stack oxygen at full design load 

without air preheat, even if upon installation actual emissions exceed 0.020 lb NOxfmmBTU 

(HHV). 

GG. "NOx" shall mean nitrogen oxides. 

HH. "Operating Day" shall mean a Day on which a minimum of 18 hours of valid 

emissions data are obtained. 

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II. "Paragraph" shall mean a portion of this Consent Decree identified by an Arabic 

numeral. 

JJ. "Part" shall mean a portion of this Consent Decree identified by a Roman 

numeral. 

KK. "PEMS" shall mean predictive emissions monitoring systems developed in 

accordance with Appendix B ("Predictive Emissions Monitoring System Requirements") to this 

Consent Decree. 

LL. "PM" shall mean particulate matter as measured by 40 C.F .R. Part 60, 

Appendix A, Method 5B or 5F (front half only). 

MM. "Parties" shall mean the United States, the United States Virgin Islands, and 

HOVENSA L.L.C. 

NN. "Refinery" shall mean the petroleum refining facility that is owned and operated 

by HOVENSA L.L.C. in St. Croix, U.S. Virgin Islands. The boundaries of the Refinery are 

shown in Appendix I ("Map ofHOVENSA L.L.C."). The Refinery does not include Oxbow St. 

Croix L.L.C, VWNA Process Solutions/Texas L.L.C., Charlie's/Diamond Ready Mix, Inc., 

Spencer Ocean Services, or Linde Gas Puerto Rico, Inc., which are located within the Refinery's 

boundaries but are not part ofthe Refinery's operations as of the Date ofLodging. 

00. "Root Cause" shall mean the primary cause(s) of an AG Flaring Incident(s), 

Hydrocarbon Flaring Incident(s), or a Tail Gas Incident(s) as determined through a process of 

investigation. 

PP. "Section" shall mean a portion of this Consent Decree identified by a capital 

letter. 

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QQ. "Shutdown" as specified in 40 C.F.R. § 60.2, shall mean the cessation of 

operation of equipment for any purpose. 

RR. "Sour Water Stripper Gas" or "SWS Gas" shall mean the gas produced by the 

process of stripping refinery sour water. 

SS. "S02" shall mean sulfur dioxide. 

IT. "Startup" as specified in 40 C.F.R. § 60.2 shall mean the setting in operation of 

equipment for any purpose. 

UU. "Sulfur Recovery Plant" or "SRP" shall mean a process unit that recovers sulfur 

from hydrogen sulfide by a vapor phase catalytic reaction of sulfur dioxide and hydrogen sulfide. 

VV. "Tail Gas" {"TG") shall mean exhaust from the Claus trains and/or the Tail Gas 

Unit. 

WW. "Tail Gas Unit" or "TGU" shall mean a control system using a technology for 

reducing emissions of sulfur compounds from a Sulfur Recovery Plant. 

XX. ''Tail Gas Incident" shall mean combustion of Tail Gas that either: 

a. Is combusted in a thermal incinerator and results in excess emissions of 

500 pounds or more of S02 in any 24-hour period. Only those time periods with emissions that 

are in excess of an SOz concentration of250 ppm (rolling twelve-hour average) shall be used to 

determine the amount of excess SOz emissions from the incinerator; or 

b. Is emitted from the Tail Gas Unit and results in excess emissions of total 

reduced sulfur {"TRS") that are equivalent to 500 pounds or more of S02 emissions in any 

24-hour period. Only those time periods with emissions that are in excess of a TRS 

concentration of 300 ppm (rolling twelve-hour average) shall be used to determine the equivalent 

amount of excess S02 emissions. 

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HOVENSA shall use good engineering judgment and/or other monitoring data during periods in 

which the S02 continuous emission analyzer has exceeded the range of the instrument or is out 

of service. 

YY. "Upstream Process Units" shall mean all amine contactors, amine scrubbers, and 

sour water strippers, as well as all process units that produce gaseous or aqueous waste streams 

that are processed at amine contactors, amine scrubbers, or sour water strippers. 

ZZ. "VIDPNR" shall mean the Department of Planning and Natural Resources of the 

United States Virgin Islands. 

AAA. "Wet Injection" shall mean the injection of water or steam into the combustion 

section of a Generating Turbine for the purposes ofNOx control. 

BBB. "Working Day" or "Working Days" shall mean any calendar day or days except 

Saturday, Sunday, federal holidays, or Virgin Islands territorial holidays. 

V. AFFIRMATIVE RELIEF/ENVIRONMENTAL PROJECTS 

A. Control of NO! Emissions from the FCCU. 

Summary: HOVENSA shall implement a program as set forth herein with a goal to 

reduce NOx emissions from the FCCU. HOVENSA shall incorporate lower NOx emission limits 

into permit applications and will demonstrate future compliance with the lower emission limits 

through the use ofCEMS. 

11. FCCU N011 Emission Limits. By no later than the Date of Entry, HOVEN SA 

shall limit NOx emissions from the FCCU to 20 ppmvd or less on a 365-day rolling average and 

40 ppmvd or less on a 7-day rolling average, each at 0%02• NOx emissions during periods of 

Startup, Shutdown or Malfunction of the FCCU shall not be used in determining compliance 

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with the 7-day rolling average NOx emission limit, provided that during such periods HOVENSA 

implements good air pollution control practices to minimize NOx emissions. 

12. Demonstrating Compliance with PCCU NOll: Emission Limits. By no later than 

the Date of Lodging, HOVENSA shall continue to use NOx and 0 2 CEMS to monitor 

performance of the PCCU and to report compliance with the terms and conditions of this 

Consent Decree. CEMS will be used to demonstrate compliance with the NOx emission limits 

established pursuant to Paragraph 11. HOVENSA shall make CEMS data available to EPA and 

VIDPNR upon request as soon as practicable. HOVENSA shall install, certify, calibrate, 

maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of 

40 C.P.R. § 60.13 that are applicable to CEMS (excluding those provisions applicable only to 

Continuous Opacity Monitoring Systems) and Part 60 Appendices A and P, and the applicable 

performance specification test of 40 C.P.R. Part 60 Appendix B. With respect to 40 C.P.R. 

Part 60, Appendix P, in lieu of the requirements of 40 C.P.R. Part 60, Appendix P §§ 5.1.1, 5.1.3 

and 5.1.4, HOVENSA must conduct either a Relative Accuracy Audit ("RAA'') or a Relative 

Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. HOVENSA 

must also conduct Cylinder Gas Audits ("CGA'') each calendar quarter during which a RAA or a 

RATA is not performed. 

B. Control of SO~ Emissions from the FCCU. 

Summary: HOVENSA shall limit S02 emissions from the PCCU, as required herein. 

HOVENSA has incorporated the S02 emission limits into permits and will continue to 

demonstrate compliance with the emission limits through the use of CEMS. 

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13. FCCU S02 Emission Limits. By no later than the Date of Entry, HOVENSA 

shall limit S02 emissions from the FCCU to 16 ppmvd or less on a 365-day rolling average and 

25 ppmvd or less on a 7-day rolling average, each at 0% Oz. 

14. Demonstrating Compliance with FCCU S02 Emission Limits. By no later than 

the bate of Entry, HOVENSA shall use an S02 (and 0 2) CEMS to monitor the performance of 

the FCCU and to report compliance with the terms and conditions of this Consent Decree. 

HOVENSA shall make CEMS data available to EPA and VIDPNR upon request, as soon as 

practicable. S02 emissions during periods of Malfunction of the Wet Gas Scrubber ("WGS") 

shall not be used in determining compliance with the 7-day rolling average S02 emission limit 

established pursuant to Paragraph 13, provided that during such periods HOVENSA implements 

good air pollution control practices to minimize S02 emissions. HOVENSA shall install, certify, 

calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the 

provisions of 40 C.F.R. § 60.13 that are applicable to CEMS (excluding those provisions 

applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, 

and the applicable performance specification test of 40 C.F.R. Part 60 Appendix B. With respect 

to 40 C.F.R. Part 60, Appendix F, in lieu ofthe requirements of40 C.F.R. Part 60, Appendix F 

§§ 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a Relative Accuracy Audit ("RAA'') or 

a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. 

HOVENSA must also conduct Cylinder Gas Audits ("CGA'') each calendar quarter during which 

a RAA or a RAT A is not performed. 

C. Control of PM Emissions from the FCCU. 

Summary: HOVENSA shall continue to control and limit particulate matter ("PM") 

emissions from the Refinery FCCU. 

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15. FCCU PM Emission Limits. By no later than the Date of Entry, HOVENSA shall 

limit PM emissions from the FCCU to 0.5 pounds PM or less per 1,000 pounds of coke burned 

based on the average of three (3) 1-hour stack tests. 

16. PM Testing for FCCU. HOVENSA shall follow the stack test methodology 

specified in 40 C.P.R.§ 60.106(b)(2) to measure PM emissions from the FCCU. HOVENSA 

shall propose and submit a stack test protocol to EPA and VIDPNR, for approval by EPA, not 

later than three (3) months after the Date ofEntry. HOVENSA shall conduct the first stack test 

no later than twelve (12) months after the Date of Entry. HOVENSA shall conduct annual stack 

tests at the FCCU. Upon demonstrating through at least three (3) annual tests that the PM limits 

are not being exceeded, HOVENSA may request EPA approval to conduct tests less frequently 

than annually. 

17. PM emissions during periods of Malfunction ofthe FCCU's WGS shall not be 

used in determining compliance with the emission limit of0.5 pounds ofPM per 1,000 pounds of 

coke burned, provided that during such periods HOVENSA implements good air pollution 

control practices to minimize PM emissions. 

D. Control of CO Emissions from the FCCU. 

Summary: HOVENSA shall continue to operate the FCCU in a manner that minimizes 

CO emissions while complying with the NOx limits as required herein. 

18. FCCU CO Emissions Limit. By no later than the Date of Entry, HOVENSA shall 

limit CO emissions from the FCCU to 500 ppmvd or less on a 1-hour block average basis 

corrected to 0% 02. 

19. At any time during the term ofthis Consent Decree, HOVENSA may accept a CO 

emissions limit of 100 ppmvd or less on a 365-day rolling average basis corrected to 0% 02. 

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20. CO emissions during periods of Startup, Shutdown, or Malfunction of the FCCU 

shall not be used in determining compliance with the 1-hour 500 ppmvd emissions limit, 

provided that during such periods HOVENSA implements good air pollution control practices to 

minimize CO emissions. 1.'5 

21. Demonstrating Compliance with FCCU CO Emission Limits. By no later than 

the Date of Entry, HOVENSA shall continue to use a CO CEMS to monitor the performance of 

the FCCU and to report compliance with the terms and conditions of this Consent Decree. 

HOVENSA shall make CEMS and process data available to EPA and VIDPNR upon request, as 

soon as practicable. HOVENSA shall install, certify, calibrate, maintain, and operate all CEMS 

required by this Paragraph in accordance with the provisions of 40 C .F .R. § 60.13 that are 

applicable to CEMs (excluding those provisions applicable only to Continuous Opacity 

Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance 

specification test of 40 C.F.R. Part 60 Appendix B. With respect to 40 C.F.R. Part 60, 

Appendix F, in lieu ofthe requirements of40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 

5 .1.4, HOVENSA must conduct either a RAA or a RATA on each CEMS at least once every 

three (3) years. HOVENSA must also conduct Cylinder Gas Audits ("CGA'') each calendar 

quarter during which a RAA or a RAT A is not performed. 

E. NSPS Subparts A and J Applicability to the FCCU Catalyst Regenerator. 

22. The HOVENSA FCCU Catalyst Regenerator shall continue to be an "affected 

facility," as that tennis used in 40 C.F.R. Part 60, Subparts A and J, and therefore shall be 

subject to and continue to comply with, the requirements of 40 C.F.R. Part 60, Subparts A and J, 

for S02, PM (and opacity), and CO. HOVENSA shall comply with the monitoring requirements 

ofNSPS Subparts A and J for opacity by submitting, by no later than sixty (60) Days following 

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the first stack test required by Paragraph 16, an Alternate Monitoring Plan (AMP) for EPA 

approval. Compliance at the FCCU Catalyst Regenerator with the provisions ofNSPS 

Subpart Ja shall constitute compliance with the requirements ofNSPS Subpart J as provided in 

40 C.F.R.§60.100 (e) for the purposes ofthis Section and Paragraph 219. 

a. If prior to the termination ofthis Consent Decree, the FCCU becomes 

subject to NSPS Subpart Ja for a particular pollutant due to a modification, the affected facility 

shall be subject to and comply with NSPS Subpart Jain lieu ofNSPS, Subpart J for that 

regulated pollutant to which a standard applies as a result of the modification. 

b. If prior to the termination of this Consent Decree, the FCCU becomes 

subject to NSPS Subpart Ja due to a reconstruction, the affected facility shall be subject to and 

comply with NSPS Subpart Ja for all pollutants in lieu of Subpart J. 

F. NOx Emission Reductions from Heaters, Boilers. Generating Turbines. and 

Compressor Engines. 

Summary: As required herein, HOVENSA shall implement a program to reduce NOx 

emissions from Refinery heaters and boilers with a heat input of greater than 40 mmBTU/hr, 

Generating Turbines and Compressor Engines. NOx emission reductions will be accomplished 

through the designated installation ofNOx controls and the acceptance of permit emission limits 

on the units controlled to meet the requirements of Paragraph 24 or the shutdown of certain units 

and the relinquishment of their permits. HOVENSA will monitor compliance with the emission 

limits through source testing, use of CEMS, and/or the use of a PEMS. CEMS required under 

this Section shall be operated and data recorded pursuant to applicable law. 

23. Installation ofNOx Control Technology. HOVENSA shall select one or any 

combination of the following "Qualifying Controls" to satisfy the requirements of Paragraphs 24, 

26, 27, and 28: 

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a. Current or Next Generation Ultra-Low NOx Burners; 

b. Selective Catalytic Reduction (SCR) or Selective non-Catalytic Reduction 

(SNCR); 

c. Wet injection applied to Generating Turbines to achieve 96 ppmvd@ 15% 

0 2 when firing vacuum gas oil (VGO) and 42 ppmvd @ 15% 02 when firing any other fuels; 

d. Other technologies which HOVENSA demonstrates to EPA's satisfaction 

should reduce NOx emissions to 0.040 lb per million BTU or less when firing refinery fuel gas in 

heaters and boilers, to 0.150 lb per million BTU when firing Fuel Oil in heaters and boilers; and 

e. Permanent unit shutdown and relinquishment of permit. 

24. HOVENSA shall use Qualifying Controls to reduce NOx emissions from the 

heaters and boilers greater than 40 mmBTU per hour, Generating Turbines, and Compressor 

Engines listed in Appendix A ("List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines and Compressor Engines"), by the amounts and deadlines required in 

Paragraphs 26, 27 and 28 expressed as tons per year, and as determined by the total ofthe 

summations below: 

n L [ ( Eactual} - (£allowable}] 

i=l 

Where: 

for gas only fired combustion units 

(Eanowable)i = [(The permitted allowable pounds ofNOx per million BTU for 

combustion unit i, or the requested portion of the permitted reduction 

pursuant to Paragraph 13l.e)/(2000 pounds per ton)] x [(the lower of 

permitted or maximum heat input rate capacity in million BTU per hour 

for combustion unit i) x (the lower of8760 or permitted hours per year)]; 

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for oil capable combustion units 

(Eauowable); = [(PAF1)x(AAHIF1) + (PAF2)x(PMAAHI- AAHIF1)]x(8760/2000) 

PAF1 

AAHIF1 

PAF2 

PMAAHI 

(Eactual)i 

n = 

permitted allowable lb NO,JmmBTU for higher emitting fuel #1 

(e. g. VGO) 

permitted annual average allowable heat input mmBTU/hr fuel #1 

(e.g., VGO) 

permitted allowable lb/mmBTU for lower emitting fuel #2 (e. g., refinery 

fuel gas and No. 2 oil) 

permitted maximum annual average allowable heat input mmBTU/hr for 

all fuels or reduced value if annual utilization is limited by permit 

The average tons ofNOx per year prior actual emissions during calendar 

years 2004 and 2005 (unless prior actuals exceed allowable emissions, 

then use allowable) as shown in Appendix A ("List ofHeaters and Boilers 

Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor 

Engines") for controlled heater or boiler i; and 

The number of combustion units with Qualifying Controls at the Refinery 

from those listed in Appendix A ("List of Heaters and Boilers Greater 

Than 40 mmBTU Per Hour, Generating Turbines and Compressor 

Engines") that are selected by HOVENSA to satisfy the requirements of 

the equation set forth in this Paragraph. 

Permit limits established to implement this Paragraph may use a 365-day rolling average for 

heaters, boilers, and Generating Turbines that use a CEMS or PEMS to monitor compliance. 

Otherwise, permit limits established to implement this Paragraph shall be based on the averaging 

periods set forth in the applicable reference test method. 

25. Appendix A ("List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines and Compressor Engines") provides the following information for each of 

the heaters and boilers with a maximum heat input capacity greater than 40 mmBTU per hour, all 

Generating Turbines and Compressor Engines: 

a. The maximum heat input capacity and, if less, the permitted allowable 

heat input capacity, in mmBTU/hr (HHV); 

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b. The actual NOx emission rate for both calendar years 2004 and 2005 in 

lb/mmBTU (HHV) and tons per year; and 

c. The type of data used to derive the emission estimate (i.e., emission factor, 

stack test, or CEMS data) and the averaging period for the emissions data. 

26. By four (4) years from Date of Entry, HOVENSA shall install sufficient 

Qualifying Controls and have applied for emission limits from the appropriate permitting 

authority sufficient to achieve 1,079 tpy NOx emissions reductions as determined by the 

summation in Paragraph 24. By four (4) years and three (3) months from Date ofEntry, 

HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis 

Paragraph and Paragraph 23. For purposes of this Consent Decree, "applied for" shall mean that 

HOVENSA has submitted a complete and timely application for the appropriate permit, permit 

modification, and/or other enforceable permit vehicle. 

27. By five (5) years from Date of Entry, HOVENSA shall install sufficient 

Qualifying Controls and have applied for emission limits from the appropriate permitting 

authority sufficient to achieve 3,663 tpy NOx emission reductions as determined by the 

summation in Paragraph 24. By five (5) years and three (3) months from Date of Entry, 

HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis 

Paragraph and Paragraph 23. 

28. By eight (8) years from Date of Entry, HOVENSA shall install sufficient 

Qualifying Controls and have applied for emission limits from the appropriate permitting 

authority sufficient to achieve 4,744 tpy NOx emission reductions as determined by the 

summation in Paragraph 24. By eight (8) years and three (3) months from Date ofEntry, 

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HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis 

Paragraph and Paragraph 23. 

29. HOVENSA shall submit a detailed NOx Control Plan ("Control Plan") to EPA for 

review and comment, and to VIDPNR, by no later than four (4) months after Date of Entry, with 

annual updates every twelve (12) months thereafter until HOVENSA has complied with the 

requirements ofParagraph 28. The Control Plan and its updates shall describe the achieved and 

anticipated progress of the NOx emission reductions program for heaters, boilers, Generating 

·-; 

Turbines, and Compressor Engines and shall contain the following for each heater and boiler 

greater than 40 mmBTU/hr, all Generating Turbines, and Compressor Engines that HOVENSA 

plans to use to satisfy the requirements of Paragraphs 26, 27 or 28: 

a. All of the information in Appendix A ("List of Heaters and Boilers 

Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"); 

b. Identification ofthe type of Qualifying Controls installed or planned with 

the date installed or planned; 

c. To the extent limits exist or are planned, the allowable NOx emission rates 

(in lbs/mmBTU (HHV), with averaging period) and allowable heat input rate (in mmBTU/hr 

(HHV)) obtained or planned with dates obtained or planned; 

d. The results of emissions tests conducted pursuant to Paragraph 30 and 

annual average CEMS or PEMS data (in ppmvd at 3%02, lbs/mmBTU), and tons per year; and 

e. The amount in tons per year applied or to be applied toward satisfying 

Paragraphs 24, 26, 27, and 28. 

Appendix A ("List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines and Compressor Engines'') and the Control Plan and updates required by 

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this Paragraph shall be for informational purposes only and may contain estimates. They shall 

not be used to develop permit requirements or other operating restrictions. HOVENSA may 

change any projections, plans, or information included in the Control Plan or updates. 

30. Beginning no later than 180 Days after installing Qualifying Controls on and 

commencing operation of a heater, boiler, or Generating Turbine that will be used to satisfy the 

requirements of Paragraphs 24, 26, 27, and 28, HOVENSA shall monitor the heaters, boilers or 

Generating Turbines as follows: 

a. For heaters, boilers, and Generating Turbines with a maximum heat input 

capacity of 150 mmBTU/hr (HHV) or greater, install or continue to operate a NOx CEMS; 

b. For heaters and boilers with a maximum heat input capacity ofless than 

150 mmBTU/hr (HHV), but greater than or equal to 100 mmBTU/hr (HHV), or Generating 

Turbines, install or continue to operate a NOx CEMS, or monitor NOx emissions with a PEMS 

developed and operated pursuant to the requirements of Appendix B ("Predictive Emissions 

Monitoring System Requirements"); 

c. For heaters and boilers with a maximum heat input capacity ofless than 

100 mmBTU/hr (HHV), but greater than or equal to 40 mmBTU/hr (HHV), conduct an initial 

performance test and any periodic tests that may be required by EPA or VIDPNR under other 

applicable regulatory authority. The results of the initial performance testing shall be reported to 

EPA and VIDPNR. 

HOVENSA shall use Method 7E, an EPA-approved, or a VIDPNR-approved alternate 

test method to conduct initial performance testing for NOx emissions required by this 

Subparagraph. Monitoring with a PEMS that is required by this Paragraph shall be conducted in 

accordance with the requirements of Appendix B ("Predictive Emissions Monitoring System 

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Requirements"). Units with Qualifying Controls installed before Date of Entry that are subject 

to this Paragraph shall comply with this Paragraph by three (3) years from Date of Entry. 

31. Beginning no later than 180 Days after installing Qualifying Controls and 

commencing operation of a heater, boiler or Generating Turbine that will be monitored by use of 

a NOx CEMS that is required by Paragraph 30, HOVENSA shall install, certify, calibrate, 

maintain, and operate all CEMS in accordance with the provisions of 40 C.F.R. § 60.13 that are 

applicable to CEMS (excluding those provisions applicable only to COMS) and Part 60 

Appendices A and F, and the applicable performance specification test of 40 C.F.R. Part 60 

Appendix B. With respect to 40 C.F.R. Part 60, Appendix F, in lieu ofthe requirements of 

40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a RAA 

or a RAT A on each CEMS at least once every three (3) years. HOVENSA must also conduct 

Cylinder Gas Audits ("CGA") each calendar quarter during which a RAA or a RAT A is not 

performed. Nothing in this Paragraph shall affect any more stringent territorial or local 

monitoring requirements. 

32. The requirements of this Section do not exempt HOVENSA from complying with 

any and all Federal or territorial requirements that may require technology, equipment, 

monitoring, or other upgrades based on actions or activities occurring after the Date of Lodging, 

or based on new or modified regulatory, statutory, or permit requirements. 

33. HOVENSA shall retain all records required to support the reporting requirements 

under this Section until termination of the Consent Decree. HOVENSA shall submit such 

records to EPA or VIDPNR upon request. 

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G. SO~ Emissions Reductions from, and NSPS Applicability to, Heaters, Boilers and 

Generating Turbines. 

Summary: HOVENSA shall undertake measures to reduce S02 emissions from Refinery 

heaters, boilers and Generating Turbines by restricting H2S in refinery fuel gas that is combusted 

as specifically limited under the provisions set forth herein. 

34. NSPS Applicability to Heaters, Boilers, and Other Fuel Gas Combustion Devices 

(Other than Flaring Devices). All heaters, boilers, and all other fuel gas combustion,devices 

(other than Flaring Devices) shall be affected facilities, as that term is used in 40 C.F.R. Part 60, 

Subparts A and J (or Ja if Subparagraph a orb ofthis paragraph applies for a particular affected 

facility), and shall be subject to and comply with the applicable requirements ofNSPS Subparts 

A and J (or Ja if Subparagraph a orb of this paragraph applies for a particular affected facility), 

for fuel gas combustion devices by the Date of Lodging, except for those heaters, boilers, and 

other fuel gas combustion devices listed in Appendix C ("NSPS Subpart J or Ja Compliance 

Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices)"), which shall 

comply with the dates specified in Appendix C. Compliance of a fuel gas combustion device 

with the provisions ofNSPS Subpart Ja for S02 emissions shall constitute compliance with the 

requirements ofNSPS Subpart J as provided in 40 C.F.R. §60.100(e) for the purposes of this 

Section. 

a. If prior to the termination of this Consent Decree, any heater, boiler or 

other fuel gas combustion device (other than a Flaring Device) becomes subject to NSPS 

Subpart Ja for a particular pollutant due to a modification, the affected facility shall be subject to 

and comply with NSPS Subpart Ja in lieu ofNSPS, Subpart J for that regulated pollutant to 

which a standard applies as a result of the modification. 

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b. If prior to the termination of this Consent Decree, any heater, boiler or 

other fuel gas combustion device (other than a Flaring Device) becomes subject to NSPS 

Subpart Ja due to a reconstruction, the affected facility shall be subject to and comply with NSPS 

Subpart Ja for all pollutants in lieu of Subpart J. 

35. By no later than the date compliance is required pursuant to Paragraph 34, 

HOVENSA shall comply with the H2S/S02 monitoring requirements ofNSPS Subparts A and J 

or Ja, as applicable. HOVENSA shall make monitoring data available to EPA and VIDPNR 

~,. 

upon request as soon as practicable. HOVENSA shall install, certifY, calibrate, maintain and 

operate all CEMS required by this Paragraph in accordance with the provisions of 40 C.F.R. § 

60.13 that are applicable to CEMS (excluding those provisions applicable only to continuous 

opacity monitoring systems) and Part 60, Appendices A and F, and the applicable performance 

specification test of 40 C.F.R. Part 60, Appendix B. 

36. Compliance with Consent Decree Constitutes Compliance with Certain NSPS 

Subpart A Requirements. For each fuel gas combustion device that becomes an "affected 

facility," as that term is used in 40 C.F.R. Part 60, Subparts A and J or Ja, as applicable, pursuant 

to this Section, entry of this Consent Decree and compliance with the relevant monitoring 

requirements of this Consent Decree for such fuel gas combustion device will satisfY the notice 

requirements of 40 C.F.R. § 60.7(a) and the initial performance test requirement of 40 C.F.R. § 

60.8(a). 

H. Sulfur in Fuel Restrictions for Oil Burning. 

Summary: HOVENSA shall reduce S02 emissions by reducing the sulfur content of Fuel 

Oil combusted pursuant to the provisions set forth herein. 

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37. Effective thirty (30) Days after the Date of Lodging, HOVENSA shall not burn 

Fuel Oil greater than 0.55 wt% sulfur at any time or 0.50 wt% on a 365-day rolling average 

basis in any heater, boiler, or Generating Turbine. 

38. HOVENSA shall switch the fuel supply for any units combusting Fuel Oil to a 

Fuel Oil with not greater than 0.3 wt% sulfur within one hour of when one of the following 

conditions occurs: 

a. The hourly average winds blow from a 180° sector, defined as 90° to 270°, 

inclusive, where zero degrees is due North, for at least six (6) consecutive hours during a 24-hour 

block period, or any 12 non-consecutive hours during a 24-hour block period. Wind direction 

will be monitored by a meteorological tower located on HOVENSA property, and will be 

collected and reported as 1-hour averages, starting on the hour. lfthe average wind direction for 

a given hour is from within the 180° sector, the wind will be deemed to have flowed from within 

the designated sector for that hour. A 24-hour block period is defined as beginning at midnight 

and ending on the following midnight. 

b. HOVENSA's meteorological station is inoperable for six consecutive 

hours. 

39. HOVENSA may switch back to the higher sulfur content Fuel Oil (a Fuel Oil 

with a sulfur content of less than or equal to 0.55 wt%) in accordance with the following 

conditions: 

a. The winds blow outside ofthe 180° sector, defined as 90° to 270°, for at 

least three (3) consecutive hours, following the period which the winds were blowing inside the 

180° sector; or 

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b. When the meteorological station becomes operable, and three (3) 

consecutive hours of wind conditions outside the 90° to 270° sector have occurred. 

40. On a daily basis, HOVEN SA shall monitor the sulfur content of all Fuel Oil 

burned pursuant to Paragraph 39 in accordance with ASTM D2622, D4294, or D5453, as 

follows: 

a. Fuel Oil Supplied from Single Storage Tank: 

1. If the Fuel Oil burned is supplied from a single storage tank for an 

entire day or part thereof, then HOVENSA shall test the contents of the storage 

tank once per day by a sample taken at three (3) levels in the storage tank (i.e., the 

bottom, middle, and top) which is then composited (Composite Sample). 

n. If the same storage tank is used for more than one day and no Fuel 

Oil is added to the storage tank, then HOVENSA may use the storage tank sample 

result from the previous day to demonstrate the sulfur content of the storage tank. 

b. Fuel Oil Supplied from Multiple Storage Tanks: If the Fuel Oil burned for 

one or more consecutive days is supplied from more than one storage tank, then HOVENSA 

shall sample each storage tank separately once per day by a Composite Sample taken at three (3) 

levels in the storage tank (i.e., the bottom, middle, and top). 

c. In the event that Fuel Oil is added to any storage tank, HOVENSA shall 

sample the storage tank by a Composite Sample taken at three (3) levels in the storage tank 

(i.e., the bottom, middle, and top) before the storage tank is placed into service. 

HOVEN SA shall record the quantity and sulfur content of all Fuel Oil burned pursuant to 

Paragraph 39, and shall include this data with the periodic (semi-annual) progress reporting in 

accordance with Part X (Reporting and Recordkeeping). 

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I. Sulfur Recovery Plants: The SRPs are or will be affected facilities under NSPS 

Subparts J or Ja, and are complying or will comply with all applicable requirements of 40 C.F.R. 

Part 60, Subparts A and J or Ja. 

41. Description of Sulfur Recovery Plants. As ofDate ofEntry, HOVENSA owns 

and operates the following SRPs: 

a. East Side Sulfur Recovery Plant: The East Side SRP consists of two 

Claus Trains, #3 SRU and #4 SRU. A single Beavon Stretford Tail Gas Unit ("Beavon #2") 

serves as the control device for both Claus Trains. During maintenance, Startup, Shutdown, and 

Malfunction ofBeavon #2, TG is combusted in an incinerator (H-4745). 

b. West Side Sulfur Recovery Plant: The West Side SRP consists of two 

Claus Trains, #1 SRU and #2 SRU. A single Beavon Stretford Tail Gas Unit ("Beavon #1") 

serves as the control device for both Claus Trains. During Startup, Shutdown, and Malfunction 

ofBeavon #1, TG from SRUs #1 and #2 is combusted in separate dedicated incinerators (H-1032 

and H-1042). 

42. NSPS Applicability for SRPs. Effective on April 1, 2015, the East Side SRP shall 

be an "affected facility" as that term is used in 40 C.F.R. Part 60, Subparts A and Ja and shall 

become subject to the requirements of Subpart Ja. The West Side SRP is currently an "affected 

facility" as that term is used in 40 C.F.R. Part 60, Subparts A and J and is already subject to the 

requirements of Subpart J and shall be subject to Subpart Ja by no later than December 31, 2011. 

43. Sulfur Pit Emissions: HOVENSA shall route or re-route all sulfur pit emissions 

so that they are eliminated or controlled, and included and monitored as part of the SRPs' 

emissions subject to the NSPS Subpart Ja limit for S02 or reduced sulfur compounds, 40 C.F.R. 

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§ 60.102a(f), by no later than December 31, 2014 at the East Side SRP and December 31, 2011 

at the West Side SRP. 

44. Compliance with NSPS at the West Side SRP. 

a. As of the Date of Entry, the West Side SRP shall continue to comply with 

the applicable provisions ofNSPS Subparts A and J except for S02 CEMS on the West Side 

incinerators, which shall be installed by December 31, 2010. As ofDecember 31, 2011, the 

West Side SRP shall comply with NSPS Subpart Ja. The West Side SRP shall continue to 

comply with 40 C.P.R.§ 60.104(a)(2) or 40 C.P.R.§ 60.102a(f), as applicable, at all times 

except during periods of Startup, Shutdown, or Malfunction ofthe West Side SRP or during a 

Malfunction of the TGU. For purposes of determining compliance with the emission limits of 

40 C.P.R.§ 60.104(a)(2) or 40 C.P.R.§ 60.102a(f), as applicable, the "start-up/shutdown" 

provisions set forth in NSPS Subpart A shall apply. 

b. At all times, including periods of Startup, Shutdown, and Malfunction, 

HOVENSA shall, to the extent practicable, operate and maintain the West Side SRP and TGU 

and any supplemental control devices, in accordance with good air pollution control practices as 

required in 40 C.P.R.§ 60.ll(d). 

c. HOVENSA shall monitor all non-fugitive emission points (stacks) to the 

atmosphere from the West Side SRP for Tail Gas emissions and shall monitor and report excess 

emissions, as required by 40 C.P.R.§§ 60.7(c), 60.13, and 60.105(a)(5, 6 or 7) or 60.106a, as 

applicable. HOVENSA shall conduct emission monitoring with CEMS at all such emission 

points. The requirement for continuous monitoring is not applicable to: 

i. The Acid Gas Flaring Device(s) used to flare Acid Gas and/or Sour 

Water Stripper Gas diverted from the SRPs, 

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ii. The sulfur pit emissions prior to December 31, 2011. 

45. Compliance with NSPS Emissions Limits at the East Side SRP. 

a. By no later than December 31, 2014, HOVENSA shall install at the East 

Side SRP a second TGU to control the emissions of sulfur compounds from the East Side SRP. 

By no later than December 31, 2011, HOVENSA shall submit to EPA and VIDPNR a 

compliance plan and schedule for the completion of installation of the second East Side TGU. 

By April1, 2015, HOVENSA shall demonstrate compliance with NSPS Subparts A and Ja SRP 

requirements at the East Side SRP. 

b. HOVENSA shall also implement the following interim performance 

standards at the East Side SRP: 

1. HOVENSA shall continue to maintain and operate a TRS/H2S 

CEMS for monitoring the emissions from Beavon #2 in accordance with 

40 C.P.R. Part 63, Subpart UUU, Table 40 and shall comply during the interim 

period with the specific monitoring and reporting provisions established in 

Subparagraph 45.b.iii. 

ii. By no later than 180 Days after Date ofEntry, HOVENSA shall 

complete an optimization study the objective of which is to minimize emissions of 

sulfur compounds and to maximize sulfur recovery efficiencies at the East Side 

SRP and shall submit a copy ofthat study to EPA. This study shall meet all ofthe 

requirements set forth in Paragraph 46. HOVENSA shall implement the 

recommendations of the study that could reasonably optimize the performance of 

the East Side SRP in accordance with the schedule proposed by HOVENSA. 

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iii. By no later than twelve (12) months from Date of Entry, 

HOVENSA shall submit a report to EPA that proposes either a pounds ofS02 per 

hour emission limit or a percent sulfur recovery standard as an interim 

performance standard when the TGU is being bypassed, appropriate monitoring 

and reporting requirements for the proposed interim performance standards and, if 

necessary, a schedule for implementing additional optimization study 

recommendations that would ensure that the East Side SRP complies with 

HOVENSA's proposed interim performance standard. Beginning with the date of 

such submission, HOVENSA shall comply with its proposed interim performance 

standard and, if necessary, implement its proposed schedule for additional 

optimization study recommendations. 

IV. If EPA determines, based on the results ofthe study and other 

available and relevant information, that more stringent interim performance 

standards and/or a different implementation schedule is appropriate and can be 

achieved with a reasonable certainty of compliance, EPA shall so notify 

HOVENSA. Unless HOVENSA disputes EPA's determination(s) within ninety 

(90) Days of its receipt ofthat notice, it shall comply with such new standards 

within ninety (90) Days or, if necessary, such other period as may be established 

by EPA consistent with any implementation schedule for additional optimization 

study recommendations proposed by HOVENSA. HOVENSA shall continue to 

comply with the interim performance standard until such time as HOVENSA 

completes installation ofthe new TGU in accordance with the schedule under 

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Paragraph 45.a and operates the East Side SRP in compliance with NSPS 

Subpart Ja. 

v. During the period oftime the interim performance standard in 

Subparagraph 45.b.iii or 45.b.iv are in effect, when Beavon #2 is not operating 

and Tail Gas is being vented to an incinerator, HOVENSA shall limit S02 

emissions from the East Side SRP to a total of30 tons per day. When Beavon #2 

is not operating, Tail Gas shall not be vented to the East Side SRP incinerator for 

more than thirty (30) days (720 hours) per calendar year, with a maximum of 14 

continuous days. 

c. The interim performance standards established under this Paragraph 

terminate upon the date of Subpart Ja applicability for the East Side SRP. 

46. Optimization: 

a. The optimization study required for the East Side SRP Claus trains shall 

meet the following requirements: 

1. Detailed evaluation of plant design and capacity, operating 

parameters and efficiencies- including catalytic activity and material balances; 

ii. An analysis ofthe composition ofthe Acid Gas and Sour Water 

Stripper Gas resulting from the processing of crude slate actually used, or the 

composition for a crude slate expected to be used; 

iii. A thorough review of each critical piece of process equipment and 

instrumentation within the Claus train that is designed to correct deficiencies or 

problems that prevent the Claus train from achieving its optimal sulfur recovery 

efficiency and expanded periods of operation; 

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iv. Establishment ofbaseline data through testing and measurement of 

key parameters throughout the Claus train; 

v. Establishment of a thermodynamic process model ofthe Claus 

train; 

vi. For any key parameters that have been determined to be at less 

than optimal levels, initiation of logical, sequential, or stepwise changes designed 

to move such parameters toward their optimal values; 

vii. Verification through testing, analysis of continuous emission 

monitoring data or other means of incremental and cumulative improvements in 

sulfur recovery efficiency, if any; 

viii. Establishment of new operating procedures for long term efficient 

operation; and 

ix. The study shall be conducted to optimize the performance of the 

Claus trains in light of the actual characteristics ofthe feeds to the East Side SRP. 

b. HOVENSA shall incorporate the results of its optimization study into the 

PMO Plan required under Paragraph 48. 

47. For the East Side SRP, which becomes an affected facility under NSPS Subpart Ja 

pursuant to Section V.l, entry of this Consent Decree and compliance with the relevant 

monitoring requirements of this Consent Decree shall satisfY the notice requirements of 

40 C.F.R. § 60.7(a) and the initial performance test requirement of 40 C.F.R. § 60.8(a). 

48. Good Operation and Maintenance. 

a. By no later than six (6) months after the Date of Entry, HOVENSA shall 

submit to EPA and VIDPNR, a summary of the Refinery's plan for enhanced maintenance and 

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operation of the East Side SRP and the West Side SRP, the sulfuric acid plant, any supplemental 

control devices, and the appropriate Upstream Process Units, that has been or will be 

implemented. This plan shall be tenned a Preventative Maintenance Operation Plan ("PMO 

Plan"). The PMO Plan shall be a compilation ofHOVENSA's approaches for exercising good 

air pollution control practices and for minimizing TRS and S02 emissions. The PMO Plan will 

identify actions to promote the continuous operation of its SRPs between scheduled maintenance 

turnarounds with minimization of emissions, including the continued use of supplemental control 

devices, if any. The PMO Plan shall include, but not be limited to, sulfur shedding procedures, 

Startup and Shutdown procedures, hot standby procedures, emergency procedures, and schedules 

to coordinate maintenance turnarounds of the SRP Claus trains and any supplemental control 

device, if any, to coincide to the extent practicable with scheduled turnarounds of major 

Upstream Process Units. The PMO Plan shall have as a goal the elimination of Acid Gas 

Flaring. HOVENSA shall comply with the PMO Plan at all times, including periods of Startup, 

Shutdown and Malfunction of its SRPs. HOVENSA's changes to a PMO Plan related to 

minimizing Acid Gas Flaring and/or S02 emissions shall be summarized and reported to EPA 

and VIDPNR on an annual basis. This report may be included in the appropriate semi-annual 

report required under Paragraph 71. 

b. EPA and VIDPNR do not, by their review of a PMO Plan and/or by their 

failure to comment on a PMO Plan, warrant or aver in any manner that any of the actions that 

HOVENSA may take pursuant to such PMO Plan will result in compliance with the provisions 

of the Clean Air Act or any another applicable federal, territorial, or local law or regulation. 

Notwithstanding EPA's or VIDPNR's review of a PMO Plan, HOVENSA shall remain solely 

responsible for compliance with the Clean Air Act and such other laws and regulations. 

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J. Flaring Devices- NSPS Applicability. 

Summary: All Flaring Devices are identified in Appendix D ("List of Flaring Devices 

Subject to NSPS Subparts J/Ja"). These Flaring Devices are or will be affected facilities (as that 

term is used in 40 C.F.R. Part 60, Subparts J/Ja) by the dates listed in Appendix D ("List of 

Flaring Devices Subject to NSPS Subparts J/Ja"). As required herein, such Flaring Devices shall 

be subject to and required to comply with the fuel gas combustion device requirements of 

40 C.F.R. Part 60, Subparts A and J/Ja; they may also be used as emergency control devices for 

the quick and safe release of gases generated as a result of Startup, Shutdown, and/or 

Malfunction. 

49. All Flaring Devices listed in Appendix D ("List of Flaring Devices Subject to 

NSPS Subparts J/Ja") are affected facilities under NSPS Subparts J/Ja. By the dates listed in 

Appendix D, all Flaring Devices listed in Appendix D shall comply with the requirements of 

NSPS Subpart Ja that apply to flares that are constructed, modified, or reconstructed after the 

effective dates ofMay 14, 2007 and June 24, 2008. 

50. For Flaring Devices 2, 3, 5, 6, 7 and the FCCU Low Pressure Flaring Device, 

HOVENSA will design, install, operate and maintain flare gas recovery system(s) to control all 

continuous and intermittent, routinely-generated refinery fuel gases (not including pilot, sweep, 

or molecular seal gases necessary to ensure safe operation of the Flaring Devices) that are 

combusted in the Flaring Device(s). 

51. Monitoring. By no later than three (3) years from Date of Entry, HOVENSA 

shall comply with the applicable monitoring requirements ofNSPS Subpart Ja for all Flaring 

Devices listed in Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja"). 

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52. Compliance Certification for Flaring Devices. For each Flaring Device, 

HOVENSA will submit to EPA a compliance certification by thirty (30) Days following the 

dates listed in Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja") that the 

Flaring Devices comply with the emission standards and monitoring requirements of Subparts 

J/Ja, and specify the compliance method for each Flaring Device. 

53. Good Air Pollution Control Practices. On and after the Date of Entry, 

HOVENSA shall at all times and to the extent practicable, including during periods of Startup, 

Shutdown, and/or Malfunction, implement good air pollution control practices for minimizing 

emissions from the Flaring Devices identified in Appendix D ("List of Flaring Devices Subject 

to NSPS Subparts J/Ja '')consistent with 40 C.F.R. § 60.11(d). 

54. Refinery Fuel Gases 

a. Continuous or Intermittent, Routinely-Generated Refinery Fuel Gases. 

For continuous or intermittent, routinely-generated refinery fuel gases that are combusted in any 

Flaring Device identified in Appendix D ("List of Flaring Devices Subject to NSPS Subparts 

J/Ja"), HOVENSA shall comply with 40 C.F.R. § 60.102a(g)(l) by the dates listed in 

Appendix D. 

b. Non-Routinely Generated Gases. The combustion of gases generated as a 

result of Startup, Shutdown, and/or Malfunction of a refinery process unit or released to a Flaring 

Device as a result of process upset or relief valve leakage or other emergency malfunction are 

exempt from the requirement to comply with 40 C.F.R. § 60.102a(g)(l). 

55. Compliance with Consent Decree Constitutes Compliance with Certain NSPS 

Subpart A Requirements. For Flaring Devices subject to NSPS Subparts J/Ja (identified in 

Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja")) entry of this Consent 

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Decree and compliance with the relevant monitoring requirements of this Consent Decree for 

Flaring Devices will satisfy the notice requirements of 40 C.F.R. §60.7(a) and the initial 

performance test requirement of 40 C.F.R. § 60.8(a). 

56. Periodic Maintenance of Flare Gas Recovery Systems. The Parties recognize that 

periodic maintenance may be required for properly designed and operated flare gas recovery 

systems. To the extent that HOVENSA may operate flare gas recovery systems, HOVENSA 

will take all reasonable measures to minimize emissions while such periodic maintenance is 

being performed. 

57. Safe Operation of Refining Processes. The Parties recognize that under certain 

conditions, a flare gas recovery system may need to be bypassed in the event of an emergency or 

in order to ensure safe operation of refinery processes. Nothing in this Consent Decree precludes 

HOVENSA from temporarily bypassing a flare gas recovery system under such circumstances, 

provided that the measures to ensure safe operation are fully documented in the semi-annual 

report required pursuant to Part X (Reporting and Recordkeeping). 

K. Control of Acid Gas Flaring Incidents and Tail Gas Incidents. 

Summary: HOVENSA agrees to implement a program as set forth herein to investigate 

the cause of future Acid Gas Flaring Incidents, to take reasonable steps to correct the conditions 

that have caused or contributed to such Acid Gas Flaring Incidents, and to minimize the flaring 

of Acid Gas and Sour Water Stripper Gases. HOVENSA shall follow the procedures in this 

Section to evaluate Acid Gas/Sour Water Stripper Gas Flaring Incidents and Tail Gas Incidents 

occurring after the Date of Entry and whether they are due to Malfunctions or whether they are 

subject to stipulated penalties. The investigative and evaluative procedures in this Section will 

be used to assess Tail Gas Incidents, as described in Paragraph 70, and whether they are due to 

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Malfunctions or whether they are subject to stipulated penalties. The procedures set forth in this 

Section require root cause analysis and corrective action for Acid Gas/Sour Water Stripper Gas 

Flaring Incidents and/or Tail Gas Incidents. 

58. Flaring Historv and Corrective Measures. HOVENSA has conducted a look-back 

analysis of Acid Gas Flaring Incidents and Tail Gas Incidents that occurred from 1999 through 

2005, and has submitted a report on such incidents to EPA. By Date ofEntry, HOVENSA shall 

submit a corrective action report identifying such interim and/or long-term corrective actions, 

and schedule for implementation, to minimize the likelihood of a recurrence ofthe Root Cause of 

a flaring event identified in the look-back analysis. 

59. Acid Gas Flaring and Tail Gas Incidents. After the Date of Entry, HOVENSA 

shall investigate the cause of Acid Gas Flaring Incidents and Tail Gas Incidents under 

Paragraph 60 and take corrective action as set forth in Paragraph 61. HOVENSA shall continue 

to follow the investigation and corrective action procedure after termination of the Consent 

Decree or such other investigation and corrective action procedure that complies with Subpart Ja 

or 40 C.F .R. §60.11 (d), but the reporting and stipulated penalty provisions of this Section shall 

not apply after termination. 

60. Investigation and Recordkeeping. No later than forty-five (45) Days following 

the end of an Acid Gas Flaring Incident occurring after the Date of Entry, HOVENSA shall 

conduct an investigation into the Root Cause(s) ofthe incident and record the findings of the 

investigations, in a report. The report for each incident shall include, at a minimum, the 

following: 

a. The date and time that the Acid Gas Flaring Incident started and ended. 

To the extent that the Acid Gas Flaring Incident involved multiple releases either within a 

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twenty-four (24) hour period or within subsequent, contiguous, non-overlapping twenty-four (24) 

hour periods, HOVENSA shall set forth the starting and ending dates and times of each release; 

b. An estimate ofthe quantity ofS02 that was emitted and the calculations 

that were used to determine that quantity; 

c. The steps, if any, that HOVENSA took to limit the duration and/or 

quantity of S02 emissions associated with the Acid Gas Flaring Incident; 

d. A detailed analysis that sets forth the Root Cause and all significant 

contributing causes of that Acid Gas Flaring Incident, to the extent determinable; 

e. An analysis ofthe measures, if any, that are available to reduce the 

likelihood of a recurrence of an Acid Gas Flaring Incident resulting from the same Root Cause or 

significant contributing causes in the future. The analysis shall discuss all reasonable 

alternatives, if any, that are available, the probable effectiveness and cost of the alternatives, and 

whether an outside consultant should be retained to assist in the analysis. Possible design, 

operation and maintenance changes shall be evaluated. IfHOVENSA concludes that corrective 

action(s) is (are) required under Paragraph 61, then the report of the Acid Gas Flaring Incident in 

the semi-annual report required by Paragraph 71 shall include a description of the action(s) and, 

if not already completed, a schedule for its (their) implementation, including proposed 

commencement and completion dates. IfHOVENSA concludes that corrective action is not 

required under Paragraph 61, the report shall explain the basis for that conclusion in that semiannual report; 

f. A statement that: 

1. Specifically identifies each of the grounds for stipulated penalties 

in Paragraphs 63, 64, and 65 and describes whether the Acid Gas Flaring Incident 

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falls under any of those grounds, provided, however, that HOVENSA may choose 

to submit with the Root Cause analysis a payment of stipulated penalties in the 

nature of settlement without the need to specifically identify the grounds for the 

penalty. Such payment of stipulated penalties shall not constitute an admission of 

liability, nor shall it raise any presumption whatsoever about the nature, existence 

or strength ofHOVENSA's potential defenses; 

ii. If an Acid Gas Flaring Incident falls under Paragraph 65, describes 

which Subparagraph 65.a or 65.b applies and why; and 

m. If an Acid Gas Flaring Incident falls under either Paragraph 64 or 

65.b, states whether or not HOVENSA asserts a defense to the Acid Gas Flaring 

Incident, and if so, a description of the defense; 

g. To the extent that investigations of the causes and/or possible corrective 

actions still are underway on the due date of the report required by this Paragraph, a statement of 

the anticipated date by which a follow-up report fully conforming to the requirements of 

Subparagraphs 60.d and 60.e shall be completed; provided, however, ifHOVENSA has not 

completed its report or a series of reports containing the information required under this 

Paragraph within the forty-five (45) Day time period (or such additional time as EPA may allow) 

after the due date for the initial report for the Acid Gas Flaring Incident, the stipulated penalty 

provisions of Section V .M shall apply, but HOVENSA shall retain the right to dispute, under the 

dispute resolution provisions of Part XVI (Retention of Jurisdiction/Dispute Resolution), any 

demand for stipulated penalties that was issued as a result ofHOVENSA's failure to complete 

the report required under this Paragraph within the time frame set forth. Nothing in this 

Paragraph shall be deemed to excuse HOVENSA from its investigation, reporting, and corrective 

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action obligations under this Section for any Acid Gas Flaring Incident which occurs after an 

Acid Gas Flaring Incident for which HOVENSA has requested an extension of time under this 

Subparagraph; and 

h. To the extent that completion of the implementation of corrective 

action(s), if any, is not finalized at the time ofthe completion ofthe report for the Acid Gas 

Flaring Incident required under this Paragraph, then, by no later than thirty (30) Days after 

completion of the implementation of corrective action(s), HOVENSA shall supplement the 

report to identify the corrective action(s) taken and the dates of commencement and completion 

of implementation. 

61. Corrective Action. 

a. In response to any Acid Gas Flaring Incident occurring after the Date of 

Entry, HOVENSA shall take, as expeditiously as practicable, such interim and/or long-term 

corrective actions, if any, as are consistent with good engineering practice to minimize the 

likelihood of a recurrence of the Root Cause and all significant contributing causes of that Acid 

Gas Flaring Incident. 

b. EPA does not, by its agreement to the entry ofthis Consent Decree or by 

its failure to object to any corrective action that HOVENSA may take in the future, warrant or 

aver in any manner that any ofHOVENSA's corrective actions in the future will result in 

compliance with the provisions of the Clean Air Act or its implementing regulations. 

Notwithstanding EPA's review of any plans, reports, corrective actions or procedures under this 

Section, HOVENSA shall remain solely responsible for non-compliance with the Clean Air Act 

and its implementing regulations. Nothing in this Paragraph shall be construed as a waiver of 

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EPA's rights under the Clean Air Act and its regulations for future violations ofthe Act or its 

regulations. 

c. After a review of any report required by Paragraph 60 and submitted as 

required by Paragraph 71, EPA shall notify HOVENSA in writing of(l} any deficiencies in the 

corrective actions listed in the findings and/or (2) any objections to the schedules of 

implementation of the corrective actions and explain the basis for EPA's objections. HOVENSA 

will implement an alternative or revised corrective action or implementation schedule based on 

EPA's comments. If a corrective action that EPA has identified as deficient has already 

commenced or is already completed, then HOVENSA is not obligated to implement corrective 

action identified by EPA for that Acid Gas Flaring Incident provided that HOVENSA completes 

the corrective action that it has identified and commenced. For purposes of this Subparagraph, 

"commenced" means HOVENSA has (i) commenced actual physical construction on the 

corrective action, or (ii) completed the engineering design for the corrective action and has 

purchased or entered into a binding contractual obligation (with adverse consequences from its 

breach) to purchase equipment necessary to implement the corrective action. However, 

HOVENSA will be put on notice that such corrective action is deficient and not acceptable for 

remedying any subsequent, similar Root Cause(s) of any Acid Gas Flaring Incident. If EPA and 

HOVENSA cannot agree on the appropriate corrective action(s) or implementation schedule(s}, 

if any, to be taken in response to a Root Cause, either party may invoke the Dispute Resolution 

provisions of Part XVI (Retention of Jurisdiction/Dispute Resolution). 

d. Nothing in this Section shall be construed to limit the right ofHOVENSA 

to take such corrective actions as it deems necessary and appropriate immediately following an 

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Acid Gas Flaring Incident or in the period during preparation and review of any reports required 

under this Paragraph. 

62. Stipulated Penalties for Acid Gas Flaring Incidents. The provisions of Paragraphs 

63 through 66 are to be used by EPA in assessing stipulated penalties for each Acid Gas Flaring 

Incident occurring after the Date of Entry and by the United States in demanding stipulated 

penalties under this Section. The provisions of Paragraphs 63 through 66 do not apply to 

Hydrocarbon Flaring Incidents. 

63. The stipulated penalty provisions of this Paragraph through Paragraph 66 shall 

apply to each Acid Gas Flaring Incident for which the Root Cause was one or more or the 

following acts, omissions, or events: 

a. Error resulting from careless operation by the personnel charged with the 

responsibility for a Sulfur Recovery Plant, TGU, or Upstream Process Unit; 

b. Failure to follow written procedures; or 

c. A failure of equipment that is due to a failure by HOVENSA to operate 

and maintain that equipment in a manner consistent with good engineering practice. 

d. For Root Causes previously identified pursuant to Paragraph 58 that EPA 

agrees caused Malfunctions, unless the Acid Gas Flaring Incident had as its Root Cause the 

recurrence of a Root Cause for which HOVENSA had previously developed, or was in the 

process of developing, a corrective action plan and for which HOVENSA had not yet completed 

implementation. 

64. If the Acid Gas Flaring Incident is not a result of one of the Root Causes 

identified in Paragraph 63, then the stipulated penalty provisions of Paragraph 73 shall apply if 

the Acid Gas Flaring Incident: 

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a. Results in emissions of S02 at a rate greater than twenty (20.0) pounds per 

hour continuously for three (3) consecutive hours or more and HOVENSA failed to act in 

accordance with its PMO Plan and/or to take any action during the Acid Gas Flaring Incident to 

limit the duration and/or quantity of S02 emissions associated with such incident; or 

b. Causes the total number of Acid Gas Flaring Incidents in a rolling twelve 

(12) month period to exceed five (5). 

65. With respect to any Acid Gas Flaring Incident not falling under the provisions of 

either Paragraph 63 or 64, the following provisions shall apply: 

a. First Time: If the Root Cause of the Acid Gas Flaring Incident was not a 

recurrence of the same Root Cause that resulted in a previous Acid Gas Flaring Incident that 

occurred since the Date ofEntry, then: 

i. If the Root Cause of the Acid Gas Flaring Incident was sudden, 

infrequent, and not reasonably preventable through the exercise of good 

engineering practice, then that cause shall be designated as an agreed-upon 

Malfunction for purposes of reviewing subsequent Acid Gas Flaring Incidents and 

the stipulated penalty provisions of Paragraph 73 shall not apply. 

ii. If the Root Cause of the Acid Gas Flaring Incident was sudden and 

infrequent, and was reasonably preventable through the exercise of good 

engineering practice, then HOVENSA shall implement corrective action(s) 

pursuant to Paragraph 61, and the stipulated penalty provisions ofParagraph 73 

shall not apply. 

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b. Recurrence: If the Root Cause is a recurrence of the same Root Cause that 

resulted in a previous Acid Gas Flaring Incident that occurred since the Date of Entry, then 

HOVENSA shall be liable for stipulated penalties under Paragraph 73 unless: 

1. The AG Flaring Incident resulted from a Malfunction; or 

ii. The Root Cause previously was designated as an agreed-upon 

Malfunction under Subparagraph 65.a.i; or 

iii. The Acid Gas Flaring Incident had as its Root Cause the 

recurrence of a Root Cause for which HOVENSA had previously developed, or 

was in the process of developing, a corrective action plan and for which 

HOVENSA had not yet completed implementation. 

66. Defenses. HOVENSA may raise the following affirmative defenses in response 

to a demand by the United States for stipulated penalties: 

a. Force Majeure 

b. Malfunction 

67. In the event a dispute under Paragraphs 62 through 66 is brought to the Court 

pursuant to the dispute resolution provisions of Part XVI (Retention of Jurisdiction/Dispute 

Resolution), HOVENSA may also assert a Startup, Shutdown, and/or Malfunction defense 

(including for an individual SRP), but the United States shall be entitled to assert that such 

defenses are not available. lfHOVENSA prevails in persuading the Court that the defenses of 

Startup, Shutdown, and/or Malfunction are available for Acid Gas Flaring Incidents under 

40 C.P.R.§ 60.104(a)(l), then HOVENSA shall not be liable for stipulated penalties for 

emissions resulting from such Startup, Shutdown, and/or Malfunction. If the United States 

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prevails in persuading the Court that the defenses of Startup, Shutdown, and/or Malfunction are 

not available or applicable, then HOVENSA shall be liable for such stipulated penalties. 

68. Other than for a Malfunction or Force Majeure, if no Acid Gas Flaring Incident 

occurs for a rolling 36-month period, then the stipulated penalty provisions of Paragraph 73 shall 

no longer apply. EPA may elect to reinstate the stipulated penalty provision ifthe Refinery has 

an Acid Gas Flaring Incident which would otherwise be subject to stipulated penalties. EPA's 

decision shall not be subject to dispute resolution. Once reinstated, the stipulated penalty 

provision shall thereafter apply to future Acid Gas Flaring Incidents and continue for the 

remaining life of this Consent Decree. 

69. Emission Calculations. 

a. Calculation ofthe Quantity ofS01 Emissions Resulting from Acid Gas 

Flaring. For purposes of this Consent Decree, the quantity ofSOz emissions resulting from an 

AG Flaring Incident shall be calculated by the following formula: 

Tons ofS02 = [FR][TD][ConcH2S][8.44 x 105]. 

The quantity of S02 emitted shall be rounded to one decimal point. (Thus, for example, for a 

calculation that results in a number equal to 10.050 tons, the quantity ofS02 emitted shall be 

rounded to 10.1 tons.) For purposes of determining the occurrence of, or the total quantity of 

S02 emissions resulting from, an Acid Gas Flaring Incident that is comprised of intermittent 

Acid Gas Flaring, the quantity ofS02 emitted shall be equal to the sum ofthe quantities ofSOz 

emitted during each 24-hour period starting when the Acid Gas was first flared. 

b. Calculation ofthe Rate ofSOz Emissions During Acid Gas Flaring. For 

purposes of this Consent Decree, the rate of S02 emissions resulting from an Acid Gas Flaring 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 55 of 159 

Incident shall be expressed in terms of pounds per hour and shall be calculated by the following 

formula: 

ER = [FR][ConcH2S][0.169]. 

The emission rate shall be rounded to one decimal point. (Thus, for example, for a calculation 

that results in an emission rate of 19.95 pounds ofS02 per hour, the emission rate shall be 

rounded to 20.0 pounds of S02 per hour; for a calculation that results in an emission rate of 

20.05 pounds of so2 per hour, the emission rate shall be rounded to 20.1.) 

c. Meaning ofVariables and Derivation ofMultipliers Used in the Equations 

in this Paragraph: 

ER 

FR 

TD 

8.44 x to-5 

0.169 

Emission Rate in pounds of S02 per hour 

Average Flow Rate to AG Flaring Device(s) during AG 

Flaring Incident in standard cubic feet per hour 

Total Duration of AG Flaring Incident in hours 

Average Concentration of Hydrogen Sulfide in gas during 

AG Flaring Incident (or immediately prior to AG Flaring 

Incident if all gas is being flared) expressed as a volume 

fraction (scf H2S/scf gas) 

[lb mole H2S/379 scfH2S][64 lbs S02/lb mole 

H2S][Ton/2000 lbs] 

[lb mole H2S/379 scfH2S][l.O lb mole S02/l lb mole 

H2S][64 lb S02/l.O lb mole S02] 

The flow of gas to the Acid Gas Flaring Device(s) ("FR") shall be as measured by the relevant 

flow meter or reliable flow estimation parameters. Hydrogen sulfide concentration ("ConcH2S") 

shall be determined from the Sulfur Recovery Plant feed gas analyzer, from knowledge of the 

sulfur content of the process gas being flared, by direct measurement by Draeger type tube 

analysis, or by any other method approved by EPA or the VIDPNR. In the event that any of 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 56 of 159 

these data points is unavailable or inaccurate, the missing data point(s) shall be estimated 

according to best engineering judgment. The report required to be prepared under this Paragraph 

shall include the data used in the calculation and an explanation of the basis for any estimates of 

missing data points. 

70. Tail Gas Incidents. 

a. Investigation, Reporting, Corrective Action, and Stipulated Penalties. For 

Tail Gas Incidents, HOVENSA shall follow the same investigative, reporting, corrective action, 

and assessment of stipulated penalty procedures as those set forth in Paragraphs 60 through 68 

for Acid Gas Flaring Incidents. Those procedures shall be applied to TGU shutdowns, bypasses 

of a TGU, or other events which result in a Tail Gas Incident, including scheduled and 

unscheduled Shutdowns of a Claus Sulfur Recovery Plant. Until the date for installation of a 

second TGU for the East SRP, this Paragraph shall not apply to Tail Gas Incidents involving 

combustion ofTail Gas during periods of planned routine maintenance on Beavon #2, including 

Startup and Shutdown ofBeavon #2 for such routine maintenance, provided that HOVENSA is 

complying with the Beavon # 2 interim performance standards established pursuant to 

Subparagraph 45.b.iii, 45.b.iv, or 45.b.v. HOVENSA shall continue to follow the Tail Gas 

Incident investigation and corrective action procedure after termination ofthe Consent Decree, 

but the reporting and stipulated penalty provisions of this Section shall not apply after 

termination. 

b. Calculation of the Quantity ofS06 Emissions Resulting from a Tail Gas 

Incident. For the purposes ofthis Consent Decree, the quantity ofS02 emissions resulting from 

a Tail Gas Incident shall be calculated by one of the following methods, based on the type of 

event: 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 57 of 159 

ERTGI 

Where: 

i. IfTail Gas is combusted in an SRP incinerator, the S02 emissions 

are calculated using the methods outlined in Paragraph 69; 

or 

ii. If Tail Gas exceeding the 250 ppmvd S02 is emitted from a 

monitored SRP incinerator, then the following formula applies: 

TDTGI 

I [ FRinc.li [Cone. so2 -250]i [0.169 X 10"6]i [(20.9-% 02)120.9]i 

i = 1 

ERTGI 

TDTGI 

FR1nc. 

Cone. S02 

0.169 X 10"6 

Emissions from Tail Gas at the SRP incinerator, S02 lb 

24 hour period 

Total Duration (number of hours) when the incinerator 

CEMS exceeded 250 ppmvd S02 corrected to 0% 02 on a 

rolling twelve hour average, in each 24 hour period of the 

Incident 

Each hourly average 

Incinerator Exhaust Gas Flow Rate (standard cubic feet per 

hour, dry basis) (actual stack monitor data or engineering 

estimate based on the acid gas feed rate to the SRP) for 

each hour of the Incident 

Each actual 12 hour rolling average S02 concentration 

(CEMS data) that is greater than 250 ppm in the incinerator 

exhaust gas, ppmvd corrected to 0% 02, for each hour of 

the Incident. 

0 2 concentration (CEMS data) in the incinerator exhaust 

gas in volume % on dry basis for each hour of the Incident 

[lb mole ofS02 I 379 S02] [64lbs S02 I lb mole S02] 

[1 X 10·6 ] 

Standard conditions= 68 degree F; 14.7lbrorcelsq.in. absolute 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 58 of 159 

In the event the concentration S02 data point is inaccurate or not available or a flow meter for 

PRine does not exist or is inoperable, then estimates will be used based on best engineering 

judgment. 

71. Semi-Annual Reporting. Within thirty (30) Days after the end of the first semiannual period after the Date of Entry, and semi-annually on each subsequent January 31 and July 

31 thereafter, HOVENSA shall submit a semi-annual report that includes copies of each and 

every report of all Acid Gas Flaring Incidents and Tail Gas Incidents, as required in Paragraph 

60, that HOVENSA was required to prepare during the previous six-month period (e.g., July to 

December). Each semi-annual report shall also include a summary ofthe incidents including the 

following: 

a. Date; 

b. Summary of Root Cause(s); 

c. Duration; 

d. Amount of S02 released; 

e. Any associated penalties for each incident; 

f. Corrective Action completed; and 

g. A list of all Acid Gas Flaring Incidents and Tail Gas Incidents for which 

corrective actions are still outstanding. 

Such semi-annual report shall also include a summary analysis of any trends identified by 

HOVENSA in the number, Root Cause, types of corrective action, or other relevant information 

regarding Acid Gas and Tail Gas Incidents during the previous six-month period. HOVENSA 

shall submit the semi-annual Flaring Incident(s) reports as part of the semi-annual progress 

reports required pursuant to Part X (Reporting and Recordkeeping). 

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L. Control of Hydrocarbon Flaring Incidents. 

72. For Hydrocarbon Flaring Incidents occurring after the Date of Entry, HOVENSA 

shall follow the same investigative, reporting, and corrective action procedures as those set forth 

in Paragraphs 60 and 61 for Acid Gas Flaring Incidents; provided however, that in lieu of ,_ 

~-· 

analyzing possible corrective actions under Paragraph 61 and taking interim and/or long-term 

corrective action under Paragraph 61 for a Hydrocarbon Flaring Incident attributable to the 

Startup or Shutdown of a unit that HOVENSA has previously analyzed under this Paragraph, 

HOVENSA may identify such prior analysis when submitting the report required under this 

Paragraph. HOVENSA shall submit the Hydrocarbon Flaring lncident(s) reports as part ofthe 

semi-annual progress reports required pursuant to Part X (Reporting and Recordkeeping). 

M. Stipulated Penalties Under This Section. 

73. Nothing in this Section shall be understood to subject HOVENSA to stipulated 

penalties for Hydrocarbon Flaring Incidents under Paragraph 72. HOVENSA shall be liable for 

the following stipulated penalties for violations ofthe requirements of Section V.K. For each 

violation, the amounts identified below apply on the first day of violation, and are calculated for 

each incremental period of violation (or portion thereof): 

a. Acid Gas Flaring Incidents for which HOVENSA is liable under this 

Section. 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 60 of 159 

Tons ofS02 Emitted Length ofTime from Length of Time from Length ofTime from 

in Acid Gas Flaring Commencement of Commencement of Commencement of 

Incident Flaring within the Flaring within the Flaring within the 

Acid Gas Flaring Acid Gas Flaring Acid Gas Flaring 

Incident to Incident to Incident to 

Termination of Termination of Termination of 

Flaring within the Flaring within the Flaring within the 

Acid Gas Flaring Acid Gas Flaring Acid Gas Flaring 

Incident is 3 hours or Incident is greater Incident is greater 

less than 3 hours but less than 24 hours 

than or equal to 24 

hours 

5 Tons or Less $500 per ton $750 per ton $1000 per ton 

Greater than 5 tons, $1,200 per ton $1,800 per ton $2,300 per ton, up to, 

but less than or equal but not exceeding, 

to 15 tons $32,500 in any one 

calendar day 

Greater than 15 tons $1,800 per ton, up to, $2,300 per ton, up to, $32,500 in any one 

but not exceeding, but not exceeding, calendar day 

$32,500 in any one $32,500 in any one 

calendar day calendar day 

i. For purposes of calculating stipulated penalties pursuant to this 

Subparagraph, only one cell within the matrix shall apply. Thus, for example, for 

an Acid Gas Flaring Incident in which the Acid Gas Flaring starts at 1 :00 p.m. 

and ends at 3:00p.m., and for which 14.5 tons ofS02 are emitted, the penalty 

would be $17,400 (14.5 x $1,200); the penalty would not be $13,900 [(5 x $500) 

+ (9.5 X $1200)]. 

ii. For purposes of determining which column in the table set forth in 

this Subparagraph applies under circumstances in which Acid Gas Flaring occurs 

intermittently during an Acid Gas Flaring Incident, the Acid Gas Flaring shall be 

deemed to commence at the time that the Acid Gas Flaring that triggers the 

initiation of an Acid Gas Flaring Incident commences, and shall be deemed to 

terminate at the time ofthe termination of the last episode of Acid Gas Flaring 

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within the Acid Gas Flaring Incident. Thus, for example, for Acid Gas Flaring 

within an Acid Gas Flaring Incident that (i) starts at 1 :00 p.m. on Day 1 and ends 

at 1 :30 p.m. on Day 1; (ii) recommences at 4:00 p.m. on Day 1 and ends at 

4:30p.m. on Day 1; (iii) recommences at 1:00 a.m. on Day 2 and ends at 1:30 

a.m. on Day 2; and (iv) no further Acid Gas Flaring occurs within the Acid Gas 

Flaring Incident, the AG Flaring within the AG Flaring Incident shall be deemed 

to last 12.5 hours- not 1.5 hours- and the column for Acid Gas Flaring of 

"greater than 3 hours but less than or equal to 24 hours" shall apply. 

b. For failure to timely complete or submit any report required by Section 

V .K , or for completing or submitting any report that does not conform substantially to its 

requirements: 

Period ofNon-Compliance 

Days 1-30 

Days 31-60 

Over 60 days 

Penalty per day 

$750 

$1,500 

$3,000 

c. For those corrective action(s) which HOVENSA (i) agrees to undertake 

following receipt of an objection by EPA pursuant to Paragraph 61; or (ii) is required to 

undertake following dispute resolution, then, from the date ofEPA's receipt ofHOVENSA's 

semi-annual report under Paragraph 71 until the date that either: (i) a final agreement is reached 

between EPA and HOVENSA regarding the corrective action; or (ii) a court order regarding the 

corrective action is entered, HOVENSA shall be liable for stipulated penalties as follows: 

Period ofNon-Compliance 

Days 1-120 

Days 121-180 

Days 181 - 365 

Over 365 days 

or 

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Penalty per day 

$50 

$100 

$300 

$3,000 
Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 62 of 159 

1.2 times the economic benefit resulting from HOVENSA's failure to implement 

the corrective action(s). 

d. For failure to complete any corrective action under Paragraph 61 in 

accordance with the schedule for such corrective action agreed to by HOVENSA or imposed on 

HOVENSA pursuant to the dispute resolution provisions of this Consent Decree (with any such 

extensions thereto as to which EPA and HOVENSA may agree in writing): 

Period ofNon-Compliance 

Days 1-30 

Days 31-60 

Over60 days 

N. Certification. 

Penalty per day 

$1,000 

$2,000 

$5,000 

74. All notices, reports, or any other submissions required ofHOVENSA by 

Sections V .K and V .L shall contain the following certification: 

"I certify under penalty of law that this information was prepared under my 

direction or supervision by personnel qualified to properly gather and evaluate the 

information submitted. Based on my directions and after reasonable inquiry of 

the person(s) directly responsible for gathering the information, the information 

submitted is, to the best of my knowledge and belief, true, accurate and 

complete." 

75. Except as otherwise provided herein, the reporting requirements set forth in 

Sections V.K and V.L do not relieve HOVENSA of its obligation to territorial authority or EPA 

to submit any other reports or information required by the CAA, or by any other territorial, 

federal or local requirements. 

0. CERCLAIEPCRA. 

76. To the extent that, during the course ofHOVENSA's development ofthe Root 

Cause failure analysis required by Sections V.K and V.L, HOVENSA discovers information 

demonstrating a failure to comply with the reporting requirements for continuous releases of S02 

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pursuant to Section 1 03( c) of CERCLA and/or Section 304 of EPCRA, including the regulations 

promulgated thereunder, a voluntary disclosure by HOVENSA of any such violations will not be 

deemed "untimely" under EPA's Audit Policy, solely on the ground that it is submitted more 

than twenty-one (21) Days after it is discovered, provided all such disclosures are made by no 

later than the date specified in Appendix D ("List of Flaring Devices Subject to NSPS 

Subparts J/Ja") for compliance of the relevant Flaring Device with NSPS Subpart Ja. 

P. Benzene Waste NESHAP Program. 

Summary: In addition to continuing to comply with all applicable requirements of 

40 C.F.R. Part 61, Subpart FF ("Benzene Waste NESHAP" or "Subpart FF"), HOVENSA agrees 

to undertake the measures set forth in Section V.P to ensure continuing compliance with 

Subpart FF and to minimize or eliminate fugitive benzene waste emissions at the HOVENSA 

Refinery. 

77. Current Subpart FF Status. HOVENSA has determined that the Refinery has a 

TAB of greater than 10 Mglyr. The Refinery shall continue to comply with the compliance 

option set forth in 40 C.F.R. § 61.342(c) (hereinafter referred to as the "2 Mg Compliance 

Option"). 

78. Refinery Compliance Status Changes. On and after the Date of Lodging, 

HOVENSA shall only be allowed to change its compliance option to the 6 BQ Compliance 

Option set forth at 40 C.F.R. § 61.342(e). 

79. One-Time Review and Verification ofthe Refinery's TAB and Compliance with 

the Benzene Waste NESHAP. 

a. Phase One of the Review and Verification Process. Within one ( 1) year of 

the Date ofLodging, HOVENSA shall complete a review and verification ofthe Refinery TAB 

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and its compliance with the Benzene Waste NESHAP (Phase One Review and Verification). 

HOVENSA's review and verification process shall include, but not be limited to: 

1. An identification of each waste stream that is required to be 

included in the Refinery's TAB where these waste streams meet the definition of 

a waste under 40 C.F.R. § 61.341 (e.g., slop oil, tank water draws, spent caustic, 

spent caustic hydrocarbon layer, desalter rag layer dumps, desalter vessel process 

sampling points, other sample wastes, maintenance wastes, and turnaround 

wastes); 

ii. A review and identification of the calculations and/or 

measurements used to determine the flows of each waste stream for the purpose 

of ensuring the accuracy of the annual waste quantity for each waste stream; 

m. An identification ofthe benzene concentration in each waste 

stream, including sampling for benzene concentration at no less than 10 waste 

streams consistent with the requirements of 40 C.F.R. § 61.355(c)(1) and (3); 

provided however, that previous analytical data or documented knowledge of 

waste streams may be used, 40 C.F.R. § 61.355(c)(2), for streams not sampled; 

iv. An identification of any existing noncompliance with the 

requirements of Subpart FF. 

By no later than sixty (60) Days following the completion of Phase One Review and 

Verification, HOVENSA shall submit a Benzene Waste NESHAP Compliance Review and 

Verification report ("BWON Compliance Review and Verification Report") that sets forth and 

certifies the results of Phase One, including but not limited to the items identified in 

Subparagraphs (i) through (iv) ofthis Paragraph. 

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b. Phase Two of the Review and Verification Process. Based on EPA's 

review of the BWON Compliance Review and Verification Report(s), EPA may select up to 20 

additional waste streams at HOVENSA for sampling for benzene concentration. HOVENSA 

shall conduct the required sampling under representative conditions and submit the results to 

EPA within sixty (60) Days of receipt ofEPA's request. HOVENSA shall use the results of this 

additional sampling to recalculate the TAB and the uncontrolled benzene quantity and to amend 

the BWON Compliance Review and Verification Report, as needed. To the extent that EPA 

requires HOVENSA tore-sample any waste stream sampled by HOVENSA on or after 

January 1, 2007, HOVENSA may average the results of such sampling events. HOVENSA shall 

submit an amended BWON Compliance Review and Verification Report within ninety (90) Days 

following the date ofthe submittal ofthe required Phase Two sampling report, if Phase Two 

sampling is required by EPA. 

80. Implementation of Actions Necessary to Correct Non-Compliance or to Come 

Into Compliance. 

a. Amended TAB Reports. lfthe results ofthe BWON Compliance Review 

and Verification Report(s) indicate(s) that the reports submitted by HOVENSA pursuant to 

40 C.F .R. § 61.357( c) have not been filed or are inaccurate and/or do not satisfY the requirements 

of Subpart FF, HOVENSA shall submit, by no later than sixty (60) Days after completion of the 

BWON Compliance Review and Verification Report(s), an amended TAB report for the last year 

to EPA and the VIDPNR. 

b. Submittal of Compliance Plan. lfthe results of the BWON Compliance 

Review and Verification Report identifY any compliance issues, HOVENSA shall submit to EPA 

and the VIDPNR by no later than 180 Days after completion of the BWON Compliance Review 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 66 of 159 

and Verification Report, a plan that identifies with specificity a schedule that HOVENSA will 

implement to ensure that the Refinery complies with the 2 Mg Compliance Option, as soon as 

practicable. 

c. Review and Approval of Plans Submitted Pursuant to Subparagraph 80.b. 

Any plan submitted pursuant to Subparagraph 80.b, shall be subject to approval, disapproval or 

modification by EPA. Within sixty (60) Days after receiving any notification of disapproval or 

request for modification from EPA, HOVENSA shall submit to EPA and the VIDPNR a revised 

plan that responds to all identified deficiencies. Upon receipt of approval or approval with 

conditions, or if no approval, disapproval, or approval with conditions is provided by EPA, 

HOVENSA shall implement the plan according to the schedule provided in the plan. Disputes 

arising under this Subparagraph shall be resolved in accordance with the dispute resolution 

provisions of Part XVI (Retention of Jurisdiction/Dispute Resolution). 

d. Certification of Compliance with the 2 Mg Compliance Option. By no 

later than thirty (30) Days after completion ofthe implementation of all actions, if any, required 

pursuant to Subparagraphs 80.b or 80.c to come into compliance with the 2 Mg Compliance 

Option, HOVENSA shall submit a report to EPA and the VIDPNR certifying that the Refinery 

complies with the Benzene Waste NESHAP. 

81. Carbon Canisters and Individual Drain System Vents. As ofthe Date ofLodging, :_, 

HOVENSA shall continue to operate the three-tier system for control of vents associated with 

the Subpart FF wastewater collection system. Vent controls are identified as either Type I (a 

single flow indicator "breather valve"), Type II ("breather valve" connected to a single carbon 

canister), or Type III (dual carbon canisters). All closed vent piping associated with these vent 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 67 of 159 

.. 

' 

control systems will be monitored in accordance with the provisions associated with 40 C.F .R. 

§ 61.349. HOVENSA shall comply with the following: 

a. All Type I vents with flow indicators (40 C.P.R. § 61.346(b)) shall be 

visually inspected for flow on a daily schedule. Flow shall be indicated ifthe flow indicator on 

the breather valve has lifted. Any "breather valve" detennined to relieve six or more times in 

any consecutive two-month period will be converted to a Type II control system. Installation of 

the carbon canister required by conversion to the Type II control shall be completed within two 

weeks. Daily visual inspection of the Type I control system will continue until conversion to a 

Type II control is completed. 

b. All Type II vent control systems ("breather valve" connected to a single 

carbon canister) shall be visually inspected on a daily schedule. 

1. If the "breather valve" is detennined not to have relieved, no 

additional monitoring is required. Secondly, if the "breather valve" is visually 

inspected and determined to have relieved, then the discharge opening of the 

carbon canister will be immediately monitored for benzene. If benzene 

concentration of carbon canister discharge is detennined to be less than 5 ppm, no 

additional actions are required. If the benzene concentration of the carbon 

canister discharge is determined to be equal to or greater than 5 ppm, the carbon 

canister will be replaced by the end of the next Day. 

ii. For any Type II vent control system, if carbon canister replacement 

is required two or more times in any four consecutive week period the control 

system will be converted to a Type III system. Installation ofthe dual carbon 

canister system required by conversion to the Type III control shall be completed 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 68 of 159 

within two weeks. Daily inspection and monitoring (if required) of the Type II 

control system will continue until conversion to a Type III control is completed. 

c. All Type III vent control systems will be operated in the manner described 

in Subparagraphs c.i. through c.vii. 

i. Except as expressly permitted under Subparagraph c.v, 

HOVENSA shall not use single carbon canisters for any new process units or 

installations that require controls pursuant to the Benzene Waste NESHAP. 

ii. For dual carbon canister systems, "breakthrough" between the 

primary and secondary canister is defined as any reading equal to or greater than 

5 ppm benzene. 

iii. HOVENSA shall monitor for breakthrough between the primary 

and secondary carbon canisters in accordance with the frequency specified in 

40 C.P.R.§ 61.354(d), or monthly, whichever is more frequent. This requirement 

shall commence within seven (7) Days after installation of a new, dual carbon 

canister system. 

tv. HOVENSA shall replace the original primary carbon canisters 

immediately when breakthrough is detected between the primary and secondary 

canister. The original secondary carbon canister will become the new primary 

carbon canister and a fresh carbon canister will become the secondary canister, or 

both canisters may be replaced. For purposes of this Subparagraph, 

"immediately" shall mean by the end of the next calendar Day. 

v. Temporary Applications. HOVENSA may utilize properly sized 

single canisters for short-term operations such as with temporary storage tanks or 

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as temporary control devices. For canisters operated as part of a single canister 

system, breakthrough is defined for purposes of this Consent Decree as any 

reading of benzene above 5 ppm. HOVENSA shall monitor for breakthrough 

from single carbon canisters each calendar day. HOVENSA shall replace the 

single carbon canister with a fresh carbon canister, discontinue flow, or route the 

stream to an alternate, appropriate device immediately when breakthrough is 

detected. For this Subparagraph, "immediately" shall mean by the end of the next 

Day. IfHOVENSA discontinues flow to the single carbon canister or routes the 

stream to an alternate, appropriate control device, such canister must be replaced 

before it is returned to service. 

vi. HOVENSA shall maintain a readily available supply of fresh 

carbon canisters at all times or otherwise ensure that such canisters are readily 

available to implement the requirements of this Paragraph. 

vii. HOVENSA shall maintain records associated with the 

requirements of this Paragraph in accordance with or as under 40 C.F.R. 

§ 61.3 560)( 1 0), including the monitoring readings observed and the constituents 

being monitored. 

82. Laboratory Audits. All laboratories that perfonn analyses ofHOVENSA's 

Benzene Waste NESHAP samples shall be audited to ensure that proper analytical and quality 

assurance/quality control procedures are followed for such samples. For purposes of this 

Paragraph, audits can include audits conducted by parties other than HOVENSA. 

a. Prior to conducting its Phase One Review and Verification process set 

forth in Paragraph 79.a, audits shall be completed of all laboratories used to perfonn analyses of 

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benzene waste NESHAP samples to ensure that proper analytical and quality assurance/quality 

control procedures are followed. In addition, an audit shall be conducted of any laboratory used 

for analyses of benzene samples prior to such use. 

b. Subsequent laboratory audits shall be conducted for each laboratory 

continuing to perform analyses ofHOVENSA's Benzene Waste NESHAP samples, such that 

each laboratory is audited every two (2) years for the life of the Consent Decree. 

83. Annual Program. After the Date of Lodging, HOVENSA shall continue to use its 

written management of change procedures to review process information and construction 

projects, to ensure that all new benzene waste streams are included in HOVENSA's waste stream 

inventory. 

84. Training. HOVENSA shall implement the following training program at the 

Refinery: 

a. Within ninety (90) Days from the Date of Lodging or from the installation 

of any new benzene control equipment, HOVEN SA shall complete the development of standard 

operating procedures for all control equipment used to comply with the Benzene Waste 

NESHAP. 

b. Within nine (9) months from the Date of Entry, HOVENSA shall develop 

the BWON training program pursuant to the criteria in Appendix E ("HOVENSA'S LDAR and 

BWON Training Program Summary") and submit it to EPA; 

c. Within twelve (12) months from the Date of Entry, HOVENSA shall 

provide an annual (i.e., once each calendar year) training program for employees (which shall 

include contract employees for purposes of this Paragraph) asked to draw benzene waste samples 

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as specified in 40 C.F.R. § 61.355. Such employees shall be trained prior to collecting samples 

and receive training annually. 

d. All employees assigned to operate control equipment shall complete an 

initial training program on procedures specified in Subparagraph 84.a. This training shall be 

provided within twenty-four (24) months from Date of Entry and "refresher'' training shall be 

performed every three (3) years thereafter, until termination of this Decree. 

e. Training comparable to that specified in Subparagraph 84.d. shall also be 

provided to any persons who subsequently become operators, prior to their assumption of this 

duty or the installation of the equipment. 

f. As part ofHOVENSA's training programs, HOVENSA must require any 

contractor hired to operate benzene control equipment or perform benzene sampling to receive 

the training required by this Paragraph and HOVEN SA shall maintain records of such training. 

85. Waste/Slop/Off-Spec Oil Management. 

a. Control Status of and Plan to Quantify Uncontrolled Waste/Slop/Off-Spec 

Oil Streams. 

Within one (1) year from the Date ofLodging, HOVENSA shall submit to EPA and the 

VIDPNR a plan for quantifying waste/slop/off-spec oil movements for all benzene waste streams 

which are not controlled at the Refinery, along with schematics that: (i) depict the waste 

management units (including sewers) that handle, store, and transfer waste/slop/off-spec oil 

streams; (ii) identify the control status of each waste management unit; and (iii) show how such 

oil is transferred. Representatives from HOVENSA and EPA thereafter may confer about the 

appropriate characterization ofthe waste/slop/off-spec oil streams as benzene waste streams and 

the necessary controls, if any, for the waste management units handling such oil streams for 

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purposes ofthe Refinery's TAB calculation and/or compliance with the 2 Mg Compliance 

Option. If requested by EPA, HOVENSA shall promptly submit revised schematics that reflect 

the Parties' agreements regarding the characterization ofthese oil streams and the appropriate 

control standards. HOVENSA shall use these plans and schematics in preparing the end-of-line 

sampling plans required under Paragraph 87. 

b. Non-Aqueous Benzene Waste Streams. On and after the Date ofLodging, 

all waste management units handling non-exempt, non-aqueous benzene wastes, as defined in 

Subpart FF, shall meet the applicable control standards of Subpart FF. 

c. Aqueous Benzene Waste Streams. For purposes of calculating the TAB 

pursuant to the requirements of 40 C.F.R. § 61.342(a), HOVENSA shall include all 

waste/slop/off-spec oil streams that become "aqueous" until such streams are recycled to a 

process or put into a process feed tank (unless the tank is used primarily for the storage of 

wastes). Appropriate adjustments shall be made to such calculations to avoid the double 

counting of benzene. For purposes of complying with the 2 Mg Compliance Option, all waste 

management units handling aqueous benzene waste streams shall either meet the applicable 

control standards of Subpart FF or shall have their uncontrolled benzene quantity count toward 

the applicable 2 Mg limit. 

86. Benzene Waste Operations Sampling Plans: General. Within one (1) year ofthe 

Date ofLodging, HOVENSA will submit to EPA and the VIDPNR for EPA approval, benzene 

waste operations sampling plans designed to describe the sampling of benzene waste streams that 

HOVENSA will utilize to estimate quarterly and annual TABs. . ...... -

87. Benzene Waste Operations Sampling Plans: Content Requirements. 

The sampling plan shall include, but need not be limited to: 

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a. Quarterly sampling of all uncontrolled waste streams that count toward the 

2 Mg/yr calculation and could contain greater than 0.05 Mg/yr or more. 

b. Quarterly sampling of all uncontrolled waste streams that qualify for the 

10 ppmw exemption (40 C.F.R. § 61.342(C)(2)) and contain greater than 0.1 Mg/yr of benzene. 

c. The proposed End-of-Line (EOL) sampling locations and methods for 

flow calculations to be used in calculating projected quarterly and annual TAB calculations 

under the terms of Paragraph 90. Based on the current configuration of the Refinery's 

wastewater system, overflows from API separators 1, 2, and 3 are the only "routine" wastewater 

benzene streams not controlled in accordance with Subpart FF. Therefore, sampling of the three 

API overflow streams will constitute the individual EOL locations. The uncontrolled benzene 

contributions from these individual sources will be included in the calculations required by 

Paragraph 90. 

d. The sampling plan will require HOVENSA to take, and have analyzed, in 

each Calendar Quarter, at least three representative samples from each sampling location 

identified in the plan required by this Paragraph. 

88. Benzene Waste Operations Sampling Plans: Timing for Implementation. 

HOVENSA will implement the sampling required under the sampling plan during the first full 

Calendar Quarter after HOVENSA submits the plan. HOVENSA will continue to implement the 

sampling plan unless and until (a) EPA disapproves the plan; or (b) HOVENSA modifies the 

plan, with EPA's approval, under Paragraph 89. 

89. Benzene Waste Operations Sampling Plans: Modifications. 

a. Changes in Processes, Operations. or Other Factors. If changes in 

processes, operations, or other factors lead HOVENSA to conclude that the sampling plan may 

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no longer provide an accurate basis for estimating the Refinery's quarterly or annual 

uncontrolled benzene quantity under Paragraph 90, then by no later than ninety (90) Days after 

HOVENSA determines that the plan no longer provides an accurate measure, HOVENSA will 

submit to EPA and the VIDPNR a revised plan for EPA approval. In the first full Calendar 

Quarter after submitting the revised plan, HOVENSA will implement the revised plan. 

HOVEN SA will continue to implement the revised plan unless and until EPA disapproves the 

revised plan. 

b. Requests for Modifications to the Sampling Frequency. After two (2) 

years of implementing a sampling plan, HOVEN SA may submit a request to EPA for approval, 

with a copy to the VIDPNR, to reduce the facility's sampling frequency. EPA will not 

unreasonably withhold its consent. HOVENSA will not implement any proposed revisions 

under this Subparagraph until EPA provides its approval. 

90. Quarterly and Annual Estimations of Uncontrolled Benzene Quantities. At the 

end of each Calendar Quarter and based on sampling results and approved flow calculations, 

HOVENSA will calculate a quarterly and projected annual uncontrolled benzene quantity. 

91. In making the calculations required by Paragraph 90, HOVENSA will use the 

average of the three samples collected at each sampling location. Ifthese calculations do not 

identify any potential violations ofthe benzene waste operations NESHAP, HOVENSA will 

submit these calculations in the reports due under this Section. 

92. Corrective Measures: Basis. If the quarterly or annual uncontrolled benzene 

calculations required pursuant to Paragraph 90 project or demonstrate that the uncontrolled 

benzene quantity exceeds 2 Mg/yr, then by no later than sixty (60) Days after the end of the 

Calendar Quarter, HOVENSA will submit a compliance assurance plan to EPA for approval, 

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with a copy to the VIDPNR. In that compliance assurance plan, HOVENSA will identify the 

quantity and cause(s) of the potentially-elevated benzene quantities, all corrective actions that 

HOVENSA has taken or plans to take to ensure that the cause(s) will not recur, and the schedule 

of actions that HOVENSA will take to ensure that the Refinery complies with the Benzene 

Waste Operations NESHAP for the calendar compliance year. HOVENSA will implement the 

plan unless and until EPA disapproves. 

93. Miscellaneous Measures. 

a. As ofthe Date of Lodging, HOVENSA shall: 

i. Conduct monthly visual inspections of and, if appropriate, refill all 

water traps used to comply with Subpart FF within the Refinery's individual drain 

systems; 

ii. Ensure that all segregated stormwater drains are marked at the 

drain (color coding may be used); 

111. Conduct monitoring of existing API Separators 1, 2, and 3 or any 

new Subpart FF-regulated oil/water separators as outlined below: 

(1) Conduct semi-annual seal gap measurements on all floating 

roof portions in accordance with 40 C.F.R. § 60.693-2. 

(2) The fixed roof portions of all Subpart FF regulated 

oil/water separators shall be monitored on a quarterly basis if Method 21 

monitoring conducted pursuant 40 C.F.R. § 61.355(h) determine a leak 

rate of greater than one ( 1) percent. Monitoring of the fixed roof portion 

of all Subpart FF required oil/water separators will be conducted annually 

ifMethod 21 monitoring conducted pursuantto 40 C.F.R. § 61.355(h) 

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determine a leak rate of one (1) percent or less. 

(3) A current listing, as of Date ofLodging, of all Method 21 

monitoring locations for API Separators 1, 2, and 3 is attached in 

Appendix F ("Method 21 Monitoring Locations for API Separators 1, 2 

and 3"). When modifications to the API separators occur, HOVENSA 

shall update and maintain a current listing of all monitoring locations for 

API Separators 1, 2, and 3. 

94. Record Keeping and Reporting Requirements for this Section Outside of the 

Reports Required under 40 C.F.R. § 61.357 or under the Progress Report Procedures of Part X 

(Reporting and Recordkeeping). At the times specified in the applicable provisions of this 

Section, HOVENSA will submit, as and to the extent required, the following reports to EPA and 

the VIDPNR: 

a. BWON Compliance Review and Verification Report (Subparagraph 79.a), 

as amended, if necessary (Subparagraph 79.b); 

b. Amended TAB Report, if necessary (Subparagraph 80.a.); 

c. Plan for the Refinery to come into compliance with the 2 Mg Compliance 

Option upon discovering that the uncontrolled benzene quantity calculated for Paragraph 90, or 

through other means, exceeds 2 Mg/yr (Paragraph 92); 

d. Compliance certification, if necessary (Subparagraph 80.d); 

e. Schematics of waste/slop/off-spec oil movements (Subparagraph 85.a.), as 

revised, if necessary; and 

f. Sampling Plans (Paragraph 86), and revised Sampling Plans, if necessary 

(Subparagraph 89.a). 

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95. Record Keeping and Reporting Requirements for this Section: As Part of Either 

the Reports Required under 40 C.P.R. § 61.357 or the Progress Report Procedures of Part X 

(Reporting and Recordkeeping). 

HOVENSA will submit the following information as part of the information submitted in either 

the quarterly report required pursuant to 40 C.P.R. § 61.357(d)(6) and (7) or in the reports due 

pursuant to Part X (Reporting and Recordkeeping): 

a. Sampling Results under Paragraph 86. The report will include a list of all 

waste streams sampled, the results of the benzene analysis for each sample, the computation of 

the quarterly and projected calendar year TAB, and the quarterly and projected calendar year 

uncontrolled benzene quantity; 

b. Training. Initial and/or subsequent training conducted in accordance with 

Paragraph 84; and 

c. Laboratory Audits. Initial and subsequent audits conducted pursuant to 

Paragraph 82 in the reporting period for which the report is due, including in each such report, at 

a minimum, the identification of each laboratory audited, a description of the methods used in 

the audit, and the results of the audit. 

96. At any time after two (2) years of reporting pursuant to the requirements of 

Paragraph 95, HOVENSA may submit a request to EPA to modify the reporting frequency for 

any or all of the reporting categories of Paragraph 95. This request may include a request to 

report the projected calendar year TAB and uncontrolled benzene quantity in the annual report 

due on March 1st of each year required by 40 C.P.R. §61.357( d). HOVENSA will not change 

the due dates for its reports under Paragraph 95 unless and until EPA approves HOVENSA's 

request. 

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97. Certifications Required in this Section. 

Certifications required under this Section will be made in accordance with the provisions 

of Part X (Recording and Recordkeeping). 

98. Agencies to Receive Reports. Plans and Certifications Required in this Section; 

Number of Copies. Unless otherwise specified in this Section, HOVENSA shall submit all 

reports, plans and certifications required to be submitted under this Section to EPA, EPA 

Region 2 and the VIDPNR. For each submission, HOVENSA shall submit two copies to EPA, 

two copies to EPA Region 2, and two copies to the VIDPNR. By agreement between 

HOVENSA and each of the offices that are to receive the materials in this Section, HOVENSA 

may submit the materials electronically with a single electronic submission. 

Q. NSPSQQQ. 

99. Within twelve (12) months of the Date of Lodging, HOVENSA shall prepare and 

submit to EPA a compliance plan specifying the projects necessary to bring the FCCU and Coker 

Drain Systems into compliance with 40 C.F.R. Subpart QQQ. Such compliance plan shall 

include an implementation schedule, and HOVENSA shall complete the projects within the time 

provided by the compliance plan, but by no later than June 30, 2011. 

R. Leak Detection and Repair ("LDAR") Program. 

100. Introduction. In order to minimize or eliminate fugitive emissions of volatile 

organic compounds (VOCs), benzene, volatile hazardous air pollutants (VHAPs), and organic 

hazardous air pollutants (HAPs) from equipment in light liquid and/or in gas/vapor service, 

HOVENSA shall comply with the leak detection and repair (LDAR) requirements of this 

Section. The terms "in light liquid service" and "in gas/vapor service" shall have the definitions 

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set forth in the applicable provisions of 40 C.F.R. Part 60, Subpart VV and GGG; Part 61, 

Subparts J and V; Part 63, Subparts F, H, and CC. 

101. No later than three (3) years after the Date of Lodging, the group of all 

equipment within each process unit (as "equipment" and "process unit" are defined by 40 C.F.R. 

§ 60.591) and each compressor shall become affected facilities under 40 C.F.R. Part 60, Subpart 

GGG, and shall become subject to and comply with the requirements of 40 C.F .R. Part 60, 

Subpart GGG, and the requirements ofthis Section. Valves which HOVENSA currently .'--

monitors in these process units on a voluntary basis shall continue to be monitored, at least 

annually, until such process units have become affected facilities under NSPS Subpart GGG 

pursuant to this Paragraph. On and after the date the lower leak definitions in Paragraph 109 

become effective, HOVENSA shall perform leak percentage calculations in NSPS Subpart GGG 

process units based on the total number of light liquid and gas/vapor service valves monitored in 

the process unit during the period. 

102. No later than ninety (90) Days after the Date of Lodging, HOVEN SA shall submit 

a plan and schedule, for review and approval by EPA, for bringing the Refinery into compliance 

with the requirements of 40 C.F.R. Part 60, Subpart GGG, and the requirements of this Section 

which will include interim milestone dates, designed to achieve full compliance within three (3) 

years after the Date ofLodging. EPA shall notify HOVENSA after the plan is approved. Ifthe 

plan is not approved, HOVENSA shall modify and resubmit the plan as required by EPA. 

103. Written Refinery-Wide LDAR Program. No later than nine (9) months after the 

Date ofLodging, HOVENSA shall develop and maintain a written refinery-wide program for 

compliance with applicable LDAR Regulations and the requirements of this Consent Decree, 

which shall include: 

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a. Procedures to identify all equipment in light liquid and/or in gas/vapor 

service that is subject to the LDAR regulations and has the potential to leak VOCs, HAPs, 

VHAPs, and benzene within process units; 

b. Procedures for identifying leaking equipment within process units; 

c. Procedures for repairing and keeping track ofleaking equipment; 

d. Procedures for identifying and including in the LDAR program new 

equipment; and 

e. A process for evaluating new and replacement equipment to promote 

consideration and installation of equipment that will minimize leaks and/or eliminate chronic 

leakers. 

HOVENSA shall submit to EPA a copy of the written refinery-wide LDAR program developed 

pursuant to this Paragraph in the next semi-annual report following the development of the 

program. 

104. Alternate Leak Detection Method. With EPA's written approval and regulations 

allowing for the substitution of an optical imaging technology-based LDAR program for a 

Method 21-based LDAR program have been adopted by EPA and are in effect, HOVENSA may 

begin using an alternate leak detection method. If necessary to implement this Paragraph, the 

Parties shall make appropriate modifications to this Consent Decree in accordance with 

Paragraph 228. EPA may request that HOVENSA submit a protocol demonstrating that an 

optical imaging-based LDAR program is equivalent to or better than a Method 21-based LDAR 

program. --

105. Training. HOVENSA shall implement the following training program at the 

Refinery: 

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a. Within nine (9) months from the Date of Entry, develop the LDAR 

training program pursuant to the criteria in Appendix E ("HOVENSA'S LDAR and BWON 

Training Program Summary") and submit it to EPA; 

b. Within twelve (12) months from the Date ofEntry, provide LDAR 

training to existing personnel assigned to LDAR responsibilities (including but not limited to 

monitoring, recordkeeping, reporting, or data management). For newly hired personnel with 

LDAR program responsibilities hired after twelve (12) months from Date of Entry, provide 

LDAR training prior to the personnel beginning work. All employees assigned to LDAR 

responsibilities shall receive training annually. 

c. For other Refinery operations and maintenance personnel whose duties 

include limited LDAR responsibilities, provide training developed pursuant to the criteria in 

Appendix E ("HOVENSA'S LDAR and BWON Training Program Summary") that includes 

instruction on those aspects ofLDAR relevant to the person's duties. This training shall be 

provided within twenty-four (24) months from Date of Entry, and every three (3) years 

thereafter, until termination of this Consent Decree. For newly hired operations and maintenance 

personnel hired after twenty-four (24) months from Date of Entry, such training shall be 

provided within six (6) months ofhiring; and 

d. If contractors are used to fulfill the requirements of this Section, 

HOVENSA shall require that such contractors shall be trained as required by this Paragraph, and 

HOVEN SA shall maintain records of such training. 

1 06. LDAR Audits. By no later than one ( 1) year from the Date of Lodging, 

HOVEN SA shall implement the refinery-wide audits set forth in this Paragraph, to ensure the 

Refinery's compliance with all applicable LDAR Regulations and the requirements of this 

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Consent Decree. The LDAR audits shall include but shall not be limited to, comparative 

monitoring, records review to ensure monitoring and repairs were completed in the required 

periods, field reviews to ensure all regulated equipment is included in the LDAR program, a 

review to ensure records and reports have been maintained and submitted as required, and 

observation of the LDAR technicians' calibration and monitoring techniques. During the LDAR 

audits, leak rates shall be calculated for each process unit where comparative monitoring was 

performed. 

a. Initial Compliance Audit. Within one (1) year from the Date ofLodging, 

HOVENSA shall complete a refinery-wide third-party audit of its compliance with the LDAR 

Regulations and the requirements of applicable Sections ofthis Consent Decree, which includes, 

at a minimum, each ofthe audit requirements set forth in this Paragraph. For purposes of this 

requirement, ''third party" may include a qualified contractor, consultant, industry group, or trade 

association. Within thirty (30) Days of receipt ofthe completed audit, HOVENSA shall report to 

EPA and the VIDPNR any areas of non-compliance identified as a result of its audit and submit 

in writing a proposed compliance schedule for correcting the non-compliance. If the proposed 

compliance schedule extends greater than sixty (60) Days beyond the audit completion date, 

HOVENSA must seek approval ofthe compliance schedule from EPA. HOVENSA shall 

implement the compliance schedule as proposed until the schedule is approved or disapproved 

by EPA. Within one (1) year of Date ofEntry, HOVENSA shall certify to EPA that the 

Refinery: 

i. Is in compliance; 

ii. Has completed related corrective action and/or is on a compliance 

schedule (if necessary); and 

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iii. Shall specifically certifY that all existing equipment has been 

identified and included in the facility LDAR program, to the extent required by 

applicable regulations and this Consent Decree, as ofthe date such certification is 

made. 

b. Subsequent Audits. 

i. Third-Party Audits. HOVENSA shall retain an independent 

contractor(s) to perform a third-party audit of its LDAR program compliance with 

applicable LDAR Regulations and the requirements under this Section, at least 

once every four (4) years, in the same Calendar Quarter. 

ii. Internal Audits. HOVENSA shall conduct internal audits by 

retaining third parties or having personnel from a refiner under common 

ownership with an entity that owns at least a 25% ownership stake in HOVENSA, 

provided that such refiner is a signatory to a global refinery Consent Decree, audit 

HOVENSA's LDAR program compliance with applicable LDAR Regulations 

and the requirements under this Section. HOVENSA shall complete the first 

internal LDAR audit within the same Calendar Quarter and by no later than two 

(2) years after its initial third-party audit was conducted according to 

Subparagraph I 06.a. Internal audits shall be conducted, in the same Calendar 

Quarter, at least once every four (4) years thereafter. 

107. Implementation of Actions Necessary to Correct Non-Compliance. If the results 

of any ofthe audits conducted pursuant to this Section identifY any area(s) of non-compliance, 

HOVENSA shall implement, as soon as practicable, all appropriate steps necessary to correct the 

area(s) of non-compliance and to prevent a recurrence of the cause ofthe non-compliance, to the 

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extent practicable. For purposes of this Paragraph, if a ratio of the process-unit valve leak 

percentage established through a comparative monitoring audit conducted pursuant to 

Paragraph 106, and the average valve leak percentage reported for the process unit for the last 

four (4) monitoring periods preceding the audit, is equal to or greater than 3.0, and provided the 

auditor identified at least three (3) leaking valves in the process unit, it shall be deemed an area 

of non-compliance and cause for corrective action. If the calculated ratio yields an infinite 

result, HOVENSA shall assume one (1) leaking valve was found in the process unit through its 

routine monitoring during the four (4) monitoring periods. In the Semi-Annual LDAR Report 

submitted pursuant to the provisions of Paragraph 123 covering the period when an audit was 

conducted, HOVENSA shall submit the results of the audit, and shall certify to EPA that the 

audit has been completed and that the Refinery is in compliance or on a compliance schedule. 

108. Retention of Audit Reports. Until termination of the Consent Decree, HOVENSA 

shall retain the audit reports generated pursuant to this Section and shall maintain a written 

record of the corrective actions taken in response to any deficiencies identified in any audits. 

109. Internal Leak Definition for Valves and Pumps. HOVENSA shall utilize the 

following internal leak definitions for valves and pumps in light liquid and/or gas/vapor service, 

unless a lower leak definition is established under applicable permit(s) or applicable LDAR 

Regulations, within three (3) years ofthe Date of Lodging: 

a. Leak Definition for Valves. An internal leak definition of 500 ppm VOCs 

for refinery valves in light liquid and/or in gas/vapor service. 

b. Leak Definition for Pumps. An internal leak definition of2000 ppm VOCs 

for refinery pumps in light liquid and/or in gas/vapor service. 

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110. Reporting Leaks ofValves and Pumps. For regulatory reporting purposes, 

HOVENSA may continue to report leak rates in valves and pumps against the applicable 

regulatory leak definition, or may use the lower, internal leak definitions specified in 

Paragraph 1 09. 

111. Recording. Tracking. Repairing and Remonitoring Leaks Based on the Internal 

Leak Definitions. HOVENSA shall record, track, repair and remonitor all leaks in excess ofthe 

internal leak definitions of Paragraph 109 (at such time as those definitions become applicable) 

in accordance with applicable provisions of the LDAR Regulations, except that HOVENSA shall 

have five (5) Days to make an initial attempt at repair, and fifteen (15) Days either to make final 

repairs and remonitor the leak or to manage the leak according to Paragraph 121. 

112. HOVENSA Valve Preventative Leak Maintenance Program. Within eighteen 

(18) months ofthe Date of Lodging, HOVENSA shall implement a Valve Preventative Leak 

Maintenance Program according to Appendix G ("Valve Preventative Leak Maintenance 

Procedure Workflow Diagram") and this Paragraph. In the event of any inconsistency between 

the language of this Paragraph and Appendix G ("Valve Preventative Leak Maintenance 

Procedure Workflow Diagram"), the provisions of this Paragraph shall control. 

a. Under the Valve Preventative Leak Maintenance Program, HOVENSA 

shall perform the following surveys, at the times and/or intervals established in Appendix G 

("Valve Preventative Leak Maintenance Procedure Workflow Diagram"): 

i. External Valve Survey. HOVENSA shall assess the external and 

process conditions of valves, including but not limited to the following: condition 

of the valve stem (e.g., pitted, corroded, or scarred), condition of the packing 

gland, follower, and gland bolts (e.g., corroded, stripped threads, or bottomed-

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out), the overall condition ofthe valve (e.g., corroded), and the design process 

temperature, pressure, and hydrocarbon service of the valve. HOVENSA shall 

also determine as part of the external valve survey whether or not the valve can be 

isolated for repair while in service, whether or not the valve can be repaired 

through back-seating, live-loading, or other on-line repair/repack techniques, 

and/or whether the valve requires a process unit shutdown for repair. 

ii. Stuffing Box Survey. As provided in Appendix G ("Valve 

Preventative Leak Maintenance Procedure Workflow Diagram"), HOVENSA 

shall assess the valve stuffing box condition, including but not limited to the 

following: inside diameter, outside diameter, depth of stuffing box, packing type, 

and amount of packing. 

b. HOVENSA shall repack or replace valves, prior to or during process unit 

turnarounds or tank outages, as outlined in Appendix G ("Valve Preventative Leak Maintenance 

Procedure Workflow Diagram"). 

c. HOVENSA shall ensure all newly installed valves are fitted, prior to 

installation, with packing or valve technology which is designed by the manufacturer to prevent 

leaks above 100 ppm for a period of at least five (5) years after installation. 

d. HOVENSA shall establish a comprehensive tracking database to record 

the following Valve Preventative Leak Maintenance Program information: 

i. For newly-installed valves, the date each valve was installed and 

the type of packing present in the valve upon installation; 

ii. The results of all external valve surveys and stuffing box surveys 

with valve isolation determination; 

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iii. For each valve required to undergo an external valve survey, the 

date and type of final repair action undertaken and the name of person performing 

the repair action. If no repair action was taken, record the justification for why no 

action was taken; and 

IV. The feasibility of performing live-loading or back-seating repair 

techniques on equipment still in VOC-service. 

e. HOVENSA shall analyze the information collected under 

Subparagraph 112.d at least once every two (2) years after the requirements of this Paragraph 

become effective, and shall specifically analyze the information for trends in equipment failures, 

successful repair techniques, and other data to help increase the effectiveness of the Valve 

Preventative Leak Maintenance Program. HOVENSA shall report the results of this evaluation 

to EPA in the next periodic report due after the analysis required by this Subparagraph. 

113. LDAR Monitoring Frequency. 

a. Pumps. When the lower leak definition for pumps becomes applicable 

pursuant to Paragraph 109, HOVENSA shall monitor pumps at the lower leak definition on a 

monthly basis. 

b. Valves. Unless more frequent monitoring is required by applicable federal 

requirements, HOVENSA shall monitor valves, at the internal leak definition under 

Paragraph 109, according to the monitoring frequencies required by 40 C.P.R.§§ 60.482-7 and 

60.483-2, except that under Section 60.482-7( c )(2), if a leak is detected, the valve shall be 

monitored monthly until a leak is not detected for 12 consecutive months. 

114. Electronic Storage of LDAR Data. On and after the Date of Lodging, HOVENSA 

shall record all LDAR monitoring and repair data in an electronic database. 

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115. Electronic Monitoring and Reporting ofLDAR Data. On and after the Date of 

Lodging, HOVENSA shall use dataloggers and/or electronic data collection devices during 

LDAR monitoring. HOVENSA or contractor(s) retained by HOVENSA shall use their best 

efforts to transfer each monitoring reading to the database within five (5) Days of collecting the 

reading. For all monitoring events in which an electronic data collection device is used, the 

collected monitoring data shall include a time and date stamp, screening value, operator 

identification, and instrument identification. HOVENSA may use paper logs where necessary or 

more feasible (e.g., small rounds, remonitoring, or when dataloggers are not available or broken), 

and shall record the identification of the technician undertaking the monitoring, the date, time, 

screening value, and the identification of the monitoring equipment. HOVENSA shall transfer 

any manually recorded monitoring data to the electronic database within seven (7) Days of 

monitoring. 

116. QA/QC of LDAR Data. By no later than ninety (90) Days after the Date of 

Lodging, HOVENSA shall develop and implement a procedure to ensure a quality 

assurance/quality control ("QA/QC") review of all data generated by each LDAR monitoring 

technician. This QA/QC procedure shall require: 

a. Monitoring technician(s) to review and certifY the accuracy of the 

monitoring data they collected each week; and 

b. Non-monitoring personnel to review monitoring data quarterly, including 

but not limited to, number of components monitored per technician, time between monitoring 

events, and abnormal data patterns. 

117. LDAR Personnel. By no later than the Date of Lodging, HOVENSA shall 

maintain its current program which holds HOVENSA LDAR personnel accountable for LDAR 

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performance. HOVENSA shall maintain a position with responsibility for LDAR management 

and with the authority to implement improvements. 

118. Adding New Valves and Pumps. On and after the Date ofLodging, HOVENSA 

shall continue to implement its tracking program for maintenance records (e.g., a Management of 

Change program) to ensure that valves and pumps subject to the LDAR Regulations and this 

Consent Decree, which are installed and placed into VOC service, are integrated into the LDAR 

program. 

119. Calibration. HOVENSA shall conduct all calibrations of LDAR monitoring 

equipment using methane as the calibration gas, in accordance with 40 C.F .R. Part 60, EPA 

Reference Test Method 21. 

120. Calibration Drift Assessment. Within six calendar months ofthe Date of 

Lodging, HOVENSA shall conduct calibration drift assessments ofLDAR monitoring 

equipment at the end of each monitoring shift, at a minimum. HOVENSA shall conduct the 

calibration drift assessment using a calibration gas corresponding to the then-applicable leak 

definition for valves. If any calibration drift assessment after the initial calibration shows a 

negative drift of more than 10% from the previous calibration, HOVENSA shall remonitor the 

following equipment: (a) all valves subject to the LDAR Regulations and this Consent Decree 

that were monitored since the last calibration and that had a reading greater than 500 ppm if the 

applicable leak definition for valves is 10,000 ppm, or 100 ppm if the applicable leak definition 

for valves is 500 ppm; and (b) all pumps subject to the LDAR Regulations and this Consent 

Decree that were monitored since the last calibration and that had a reading greater than 

2,000 ppm ifthe applicable definition for pumps is 10,000 ppm, or 500 ppm ifthe applicable 

leak definition for pumps is 2,000 ppm. 

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121. Extended Maintenance and Delay of Repair. Beginning no later than one ( 1) year 

from Date of Lodging, HOVENSA shall eliminate normal use of delay of repair exemptions for 

equipment in VOC service (as defined in 40 C.P.R.§ 60.481) under applicable regulations and 

this Consent Decree, and shall perform monitoring and maintenance as follows: perform 

monitoring and "drill and tap" repairs according to Subparagraphs 121.a and b, and perform 

extended maintenance to attempt to stop the leak source as outlined under Subparagraph 12l.c. 

If HOVEN SA, after having implemented one or more of the extended maintenance leak repair 

techniques identified in Subparagraph 12l.c, cannot repair the leak, HOVENSA may delay 

repair of the leak until the next process unit shutdown. Extended maintenance shall not be 

required where any of the following is the case: (i) for the period beginning no later than one 

(1) year from the Date of Lodging through five (5) years of the Date of Entry, the number of 

valves on the delay of repair list does not exceed 0.1 percent refinery-wide upon determination of 

delay of repair; and for the period beginning no later than five (5) years of the Date of Entry, the 

number of valves on the delay of repair list does not exceed 0.05 percent refinery-wide upon 

determination of delay of repair; or (ii) the feasible extended maintenance techniques listed in 

Subparagraph 121.c would result in a shutdown of a process unit or create an unsafe operating 

condition. HOVENSA shall report the circumstances (why it was required, what was actually 

performed, whether it was successful) of all leaks attempted to be repaired under 

Subparagraph 121.c in semi-annual reports required under Paragraph 71. 

a. For all equipment: 

i. Require sign-off by the Area Manager or designee by the 15th day 

after identification of the leak that the equipment cannot be removed from VOC 

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service and is technically infeasible to repair without implementation of extended 

maintenance as set forth in Subparagraph 12l.c; and 

ii. Monitor monthly equipment on the "delay of repair" list which 

remains in VOC service. 

b. For valves: For valves, other than control valves and pressure relief 

valves, require use of"drill and tap" or similarly effective repairs, unless the valve can be 

repaired by other means or HOVENSA can demonstrate that there is a safety, mechanical, or ; 

adverse environmental concern posed by attempting to repair the leak in this manner. 

HOVENSA shall perform multiple "drill and tap" attempts (or similarly effective repairs) within 

fifteen (15) Days of identification of the leak, if necessary, to repair the valve. If a new method 

develops for repairing such valves, HOVENSA will advise EPA prior to implementing the use of 

such new method in place of drill and tap for repairs required under this Consent Decree. 

c. If the repair methods undertaken pursuant to Subparagraph 121.b have not 

stopped the source of the leak, HOVENSA shall, within sixty (60) Days of identifying the leak, 

perform at least one extended maintenance attempt to stop the leak source, including building an 

enclosure for the equipment which meets 'no detectable emissions' standards under NSPS 

Subpart VV, line-stopping (i.e., inserting a plugging device inside the line so the contents can 

temporarily be held back while maintenance is performed on-line), hot-tapping (i.e., connecting a 

new piping service to an existing line with no interruption of flow), or pipe-freezing (i.e., holding 

back system pressure in a section of piping using freeze chambers which are installed over a 

short section of piping and injected with liquid nitrogen or C02). HOVEN SA shall report the 

circumstances (why it was required, what was actually performed, was it successful) of all leaks 

attempted to be repaired or exempt from repair under this Subparagraph in semi-annual reports 

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required under Part X (Reporting and Recordkeeping). IfHOVENSA applies a different 

extended repair technique than those listed in this Subparagraph, HOVENSA shall report such 

technique under Paragraph 123 and explain how it is similarly effective at stopping the leak, and 

shall specifically explain why this technique could not be applied within fifteen (15) Days of 

identification of the leak. 

122. Recordkeeping Requirements for this Section. For at least two (2) years after 

termination of this Consent Decree, HOVENSA shall retain records to demonstrate its 

compliance with the requirements of this Section. 

123. As part of the reports required under 40 C.P.R. §§ 60.487 and 63.654 (SemiAnnual LDAR Report), HOVENSA shall include the following information, at the following 

times: 

a. The next Semi-Annual LDAR Report after the applicable compliance date 

for each requirement shall include notification of the following: 

i. Implementation of the "Valve Preventative Leak Maintenance 

Program" ofParagraph 112; 

ii. Implementation ofQA/QC procedures for review of data generated 

by LDAR technicians as required by Paragraph 116; 

iii. Development of a tracking program for new valves and pumps 

added during maintenance and construction (Management of Change Program) as 

required by Paragraph 118; 

iv. Implementation of the calibration and calibration drift assessment 

procedures ofParagraphs 119 and 120; 

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v. Implementation ofthe "delay of repair" procedures of 

Paragraph 121; 

vi. Utilization of electronic data collection devices during LDAR 

monitoring, pursuant to the requirements ofParagraph 115; 

vii. Implementation of the lower leak definitions pursuant to the 

requirements of Paragraph I 09; and 

viii. Implementation of the monitoring requirements of 

Subparagraphs 113.a and 113.b. 

b. Until termination of this Section, each Semi-Annual LDAR Report that 

HOVENSA submits shall include: 

1. An identification of each audit, if any, that was conducted pursuant 

to the requirements ofParagraph 106 in the previous semi-annual period. For 

each audit identified, the report shall include an identification of the auditors, a 

summary ofthe audit results, and a summary of the actions that HOVENSA took 

or intends to take to correct all deficiencies identified in the audits. 

ii. Training. Information identifying the measures taken to comply 

with the provisions ofParagraph 105; 

iii. Valve Preventative Leak Maintenance Program. The results of 

each evaluation performed according to Subparagraph 112.e during the previous 

semi-annual period; and 

iv. Monitoring. The following information on LDAR monitoring: 

(1) A list of the process units monitored during the reporting 

period; 

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(2) The number of valves and pumps present in each monitored 

process unit; 

(3) The number of valves and pumps monitored in each 

process unit and if less than the number in (2), include an explanation as to 

why; 

(4) The number of valves and pumps found leaking in each 

process unit during the period, and the valve leak percentage for each 

process unit; 

(5) The number of"difficult to monitor" pieces of equipment 

monitored; 

(6) The projected month ofthe next monitoring event for that 

unit; 

(7) A list of all equipment currently on the "delay of repair'' 

list, the date each component was placed on the list, the date each such 

component was determined to be leaking above applicable leak 

definitions, the circumstances of any extended maintenance repairs under 

Subparagraph 121.c, the associated monitoring results for each piece of 

equipment, and whether such activities were completed in a timely 

manner; 

(8) The number of external valve surveys and the number of 

stuffing box surveys not completed and recorded as required under 

Paragraph 112; 

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(9) The number of valves not repacked or replaced and 

recorded as required under Paragraph 112; 

(10) The number of valves which were newly installed without 

appropriate packing or valve technology, as required under Paragraph 112; 

and 

( 11) The number of missed or untimely repairs under 

Paragraph 111. 

VI. PERMITTING 

124. Obtaining Permit Limits for Consent Decree Emission Limits That Are Effective 

Upon Date of Entry. Except as set forth below, by no later than 180 Days after the Date of 

Entry, HOVENSA shall submit applications to the relevant permitting authority to incorporate 

the emission limits and standards required by this Consent Decree that are effective as of the 

Date of Entry into federally enforceable minor or major new source review permits or other 

permits (other than Title V permits) that are federally enforceable. However, if another 

application for a permit, permit renewal, or permit modification is due for the same emissions 

unit within 365 Days of the Date of Entry, HOVENSA shall submit both such applications or a 

combined application by the application/renewal date. Upon issuance of such permits or in 

conjunction with such permitting, HOVENSA shall file any applications necessary to incorporate 

the requirements of those permits into the Title V permit for the Refinery when issued. 

125. Obtaining Permit Limits For Consent Decree Emission Limits That Become 

Effective After Date of Entry. Except as set forth below, as soon as practicable, but in no event 

later than 180 Days after the effective date or establishment of any emission limits and standards 

required by this Consent Decree other than those effective as of the Date of Entry, HOVENSA 

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shall submit applications to the relevant permitting authority to incorporate those emission limits 

and standards into federally enforceable minor or major new source review permits, or other 

permits (other than Title V permits) that are federally enforceable. Upon issuance of such permit 

or in conjunction with such permitting, HOVENSA shall file any applications necessary to 

incorporate the requirements ofthose permits into the Title V permit for the Refinery when 

issued. 

126. Mechanism for Title V Incorporation. The Parties agree that the incorporation of 

any emission limits or other standards into the Title V permit for the Refinery as required by 

Paragraphs 124 and 125 shall be in accordance with the applicable territorial Title V rules. 

127. Construction Permits. HOVENSA agrees to obtain all required, federally 

enforceable permits for the construction of the pollution control technology and/or the 

installation of equipment necessary to implement the requirements of this Consent Decree. 

VII. EMISSION CREDIT GENERATION 

Summary. This Part addresses the use of emissions reductions that will result from the 

installation and operation of the controls required by this Consent Decree ("CD Emissions 

Reductions") for the purpose of emissions netting or emissions offsets. 

128. General Prohibition. HOVENSA shall not generate or use any NOx, S02, PM, 

PM-10, PM-2.5, VOC, or CO emissions reductions, or apply for and obtain any emission 

reduction credits, that result from any projects conducted or controls utilized pursuant to this 

Consent Decree as netting reductions or emissions offsets in any PSD, major non-attainment, 

and/or synthetic minor New Source Review permit or permit proceeding. 

129. Exception to General Prohibition. Notwithstanding the general prohibition set 

forth in Paragraph 128, HOVENSA may use 41 tons per year ofNOx, 61 tons per year of CO, 

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and 14 tons per year of PM from CD Emissions Reductions as credits or offsets in any PSD, 

major non-attainment and/or minor NSR permit or permit proceeding occurring after the Date of 

Lodging with respect to the Refinery, provided that the new or modified emissions units at which 

credits are being used: (1) is being constructed or modified for purposes of compliance with 

clean fuels requirements (72 Fed. Reg. 8428, amending 40 C.F.R. Part 80); and (2) has a 

federally enforceable, non-Title V permit that reflects the following requirements that are 

applicable to the pollutants for which credits are being used: 

a. For heaters and boilers, a limit of0.027lbs. NOx per million BTU on a 

3-hour rolling average basis; 

b. For heaters and boilers, a limit of 0.10 grains of hydrogen sulfide per dry 

standard cubic foot of fuel gas or 20 ppmvd S02 corrected to 0% 0 2 both on a 3-hour rolling 

average; 

c. For heaters and boilers, no liquid or solid fuel firing authorization; 

d. For FCCUs, a limit of20 ppmvd NOx or less on a 365-day rolling average 

basis corrected to 0% Oz; 

e. For FCCUs, a limit of25 ppmvd S02 or less on a 365-day rolling average 

basis corrected to 0% Oz; 

f. For FCCUs, a limit of0.5 pounds of PM per 1,000 pounds of coke burned 

on a 3-hour average basis; and 

g. For SRPs, NSPS Subpart J limits. 

130. Conditions Precedent to Utilizing Exception to General Prohibition. Utilization 

of the exception set forth in Paragraph 129 to the general prohibition against the generation or 

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utilization of CD Emissions Reductions set forth in Paragraph 128 is subject to the following 

conditions: 

a. Under no circumstances shall HOVENSA use CD Emissions Reductions 

for netting and/or offsets prior to the time that actual CD Emissions Reductions have occurred; 

b. CD Emissions Reductions may be used only at the HOVENSA Refinery; 

c. The CD Emissions Reductions provisions of this Consent Decree are for 

purposes of this Consent Decree only and neither HOVENSA, nor any other entity may use CD 

Emissions Reductions for any purpose, including in any subsequent permitting or enforcement 

proceeding, except as provided herein; and 

d. HOVENSA shall remain subject to all federal, territorial, and local 

regulations applicable to the PSD, major non-attainment and/or minor NSR permitting process. 

131. Outside the Scope of the General Prohibition. Nothing in this Consent Decree is 

intended to prohibit HOVENSA from seeking to: 

a. Use or generate netting reductions or emission offset credits from refinery 

units that are covered by this Consent Decree to represent the difference between the emissions 

limitations set forth in or established pursuant to this Consent Decree for such refinery units and 

the more stringent emissions limitations that HOVENSA may elect to accept for those refinery 

units in a permitting process; 

b. Use or generate netting reductions or emission offset credits for refinery 

units that are not subject to an emission limitation pursuant to this Consent Decree; 

c. Use emissions reductions from the installation of controls required by this 

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

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controls under this Consent Decree and other construction and (b) is permitted as a single project 

triggers major New Source Review requirements; 

d. Use CD Emission Reductions for HOVENSA's compliance with any rules 

or regulations designed to address regional haze or the non-attainment status of any area 

(excluding PSD and Non-Attainment New Source Review rules) that apply to HOVENSA; 

provided, however, that HOVENSA shall not be allowed to trade or sell any CD Emissions 

Reductions; or 

e. Use or generate netting reductions or emission offset credits for heaters, 

boilers, Generating Turbines and Compressor Engines on which Qualifying Controls, as defined 

in Paragraph 23, have been installed, provided that such reductions are not included in 

HOVENSA's demonstration of compliance with the requirements ofParagraphs 24, 26,27 and 

28. 

Vlll. ADDITIONAL INJUNCTIVE RELIEF 

A. Delayed Coker Unit 

132. Delayed Coker Unit Steam Vents Control Technology. 

a. Interim Coker Steam Vents Limit. By no later than the Date of Entry, 

HOVENSA shall comply with a depressurization level of 10 psig for the Coker Steam Vents. 

b. Final Coker Steam Vents Limit. By no later than December 31,2012, 

HOVENSA shall comply with a depressurization level of2 psig for the Coker Steam Vents. 

133. HOVENSA shall comply with the additional limits and requirements described in 

Appendix H ("Additional Coker Project Injunctive Relief') in accordance with the compliance 

schedule set forth in Appendix H. 

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134. HOVENSA has tested and determined the VOC emissions from the coke cutting 

tank. HOVENSA provided EPA with a copy ofthe test protocol on September 29, 2009 and 

conducted the testing from December 8, 2009 through December 12, 2009. HOVENSA reported 

the results to EPA and the VIDPNR on March 1, 2010. 

B. NSPS Applicability: Boilers and Generating Turbines. 

135. As of the Date of Entry, Boilers 5, 8, and 9 are "affected facilities" as that term is 

used in 40 C.F.R. Part 60, NSPS Subparts A and D and by no later than July 31,2012, shall be 

subject to and required to comply with the requirements ofNSPS Subparts A and D. If 

HOVENSA elects to replace Boiler 5, the deadline for compliance with Subparts A and D for 

Boiler 5 shall be no later than December 31, 2015. HOVENSA shall notify EPA and VIDPNR 

by no later than July 31, 2012 ifHOVENSA elects to replace Boiler 5. 

136. Generating Turbines 1 through 9 are "affected facilities" as that term is used in 

40 C.F.R. Part 60, Subparts A and GG. By no later than five (5) years from Date of Entry, 

Generating Turbines 1 through 8 shall be subject to and comply with the requirements ofNSPS 

Subparts A and GG. As of Date of Entry, Generating Turbine 9 shall be subject to and comply 

with the requirements ofNSPS Subparts A and GG. 

IX. TERRITORIAL SUPPLEMENTAL ENVIRONMENTAL PROJECT 

A. Territorial Supplemental Environmental Project 

137. Virgin Islands Territorial SEP. 

a. HOVENSA shall undertake a SEP designed to benefit the U.S. Virgin 

Islands (the "Virgin Islands Territorial SEP"), as provided in this Part. 

b. Virgin Islands Territorial SEP Fund. HOVENSA shall provide funding to 

support one or more supplemental environmental projects to be implemented for the benefit of 

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the Virgin Islands. Within 120 Days ofthe Date of Entry, HOVENSA shall deposit no less than 

$4,875,000 into an escrow account established by HOVENSA for the purpose of implementing 

this SEP. Projects to be funded by the Virgin Islands Territorial SEP Fund are to be determined 

jointly by HOVENSA and the Virgin Islands, in consultation with EPA and in consideration of 

the environmental, public health, pollution prevention or reduction, or other benefits consistent 

with the objectives of the environmental protection laws of the United States. 

c. Not later than ninety (90) Days prior to any request by the Virgin Islands 

for disbursement of funds pursuant to this Paragraph, the Virgin Islands (after consultation with 

EPA and HOVENSA) shall submit for review and comment by EPA and HOVENSA a written 

description of the project(s) to be funded, the purpose and anticipated environmental benefits of 

the project(s), the recipient(s) of the funding, and any other necessary and relevant information 

describing the project(s) to be funded. Following consultation, review and comment, the written 

description of the project(s) will be revised as needed by the Virgin Islands to reflect EPA's and 

HOVENSA's comments. 

d. Upon written project approval by HOVENSA and the Virgin Islands, and 

within thirty (30) Days ofthe written request ofthe Virgin Islands, HOVENSA shall disburse 

such funds, as directed by the Virgin Islands for the purpose of implementing the project(s). 

Such funds disbursed pursuant to this Paragraph shall only be used for project(s) approved as 

provided in this Paragraph. Seven (7) Days prior to any such disbursement, HOVENSA shall 

notify the Parties pursuant to Paragraph 225 (Notice) of such intended disbursement. 

138. In the event HOVENSA does not disburse the full amount of the escrow account 

including interest as required by Subparagraph 137.b on the project(s), HOVENSA shall pay as a 

penalty an amount equal to the difference between the amount disbursed for the project(s) 

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demonstrated in the certified cost report required by Paragraph 140, and the amount required by 

Subparagraph 137.b. This stipulated penalty shall be paid to the Virgin Islands as provided in 

Subparagraph 146.b. 

139. By signing this Consent Decree, HOVENSA certifies that it is not required, and 

has no liability under any federal or territorial law or regulation or pursuant to any agreements or 

orders of any court, to undertake or develop the SEP. HOVENSA further certifies that it has not 

applied for or received, and will not in the future apply for or receive: (i) credit as a 

Supplemental Environmental Project or other penalty offset in any other enforcement action for 

the SEP; (ii) credit for any emissions reductions resulting from the SEP in any federal or 

territorial emissions trading or early reduction program; or (iii) a deduction from any federal or 

territorial tax based on its participation in, performance of, or incurrence of costs related to the 

SEP. 

140. HOVENSA will include in each semi-annual report required by Paragraph 143 a 

progress report for the period during which the SEP is being implemented. In addition, for the 

semi-annual period in which the SEP is completed, the semi-annual report required by Part X 

(Reporting and Recordkeeping), will be a report detailing disbursements from the VI Territorial 

SEP Fund, certified as accurate by a responsible HOVENSA official. 

B. Additional Work 

140A. VIW APA Emissions Monitoring Assistance. HOVENSA shall assist the Virgin 

Islands Water and Power Authority (VIW AP A) with respect to certain air emissions monitoring, 

as provided in this Paragraph. 

a. By no later than 180 Days of the Date of Entry, HOVENSA shall submit 

for EPA approval a Statement of Work (SOW) detailing technical and other assistance and 

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support to be provided by HOVENSA to VIW APA for the operation and maintenance of 

opacity, NOx and CO continuous emissions monitoring systems (CEMS) at the VIWAPA 

facilities located at Estate Richmond, St. Croix, and Krum Bay, St. Thomas, U.S. Virgin Islands. 

b. The assistance and support to be provided are intended to support 

VIWAPA's capacity to properly operate and maintain CEMS at its facility. Such support may 

include periodic technical and other training of VIW APA employees, provision of manuals or 

similar materials, or consultation on request, concerning CEMS operation and maintenance, and 

such other support and assistance as HOVENSA and VIWAPA agree may be necessary and 

appropriate for the completion of the VIW APA Emissions Monitoring Assistance. HOVENSA 

may use contractors and/or contractor support for the VIW APA Emissions Monitoring 

Assistance. HOVENSA shall not itself perform, participate (physically or otherwise) in 

performing, or assume responsibility for, any work, tasks, or functions that VIW APA is legally 

obligated to perform or performs in the ordinary course of its business. 

c. HOVENSA shall consult with VIWAPA (and may consult with EPA) in 

its development ofthe SOW. 

d. The SOW shall include, but need not be limited to, a detailed description 

of the technical and other assistance and support to be provided to VIW APA, a schedule for 

implementation and an estimate of the costs. 

e. The support to be provided by HOVENSA shall be provided for not less 

than one (I) year but not more than five (5) years, such period to commence upon a date agreed 

to by HOVENSA and VIW AP A, provided that the SOW has been approved by EPA, and after 

VIW AP A has installed the CEMS. In no event shall such support be required to be provided by 

HOVENSA after the termination of this Consent Decree. In the event VIW APA has not 

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installed the CEMS and requested that the support commence within five (5) years of the Date of 

Entry, HOVENSA shall not be required to provide support services to VIW APA pursuant to this 

Paragraph. 

f. HOVENSA shall not be required to spend more than $500,000 in the 

execution of the VIW APA Emissions Monitoring Assistance required by this Paragraph. 

g. HOVENSA shall promptly report to EPA any impediments or difficulties 

that may delay the development or execution of the VIW AP A Emissions Monitoring Assistance. 

In such circumstances EPA may thereafter agree with HOVENSA, for good cause shown, to 

modify or otherwise revise the terms ofthe VIWAPA Emissions Monitoring Assistance's SOW. 

h. HOVENSA will include in each semi-annual report required by Paragraph 

143 a progress report for the period during which the VIW AP A Emissions Monitoring 

Assistance is being developed and implemented. In addition, for the semi-annual period in 

which the VIW APA Emissions Monitoring Assistance is completed, the semi-annual report 

required by Part X (Reporting and Recordkeeping), will contain (i) a detailed description of the 

VIWAPA Emissions Monitoring Assistance as implemented, including expenditures, certified as 

accurate by a responsible company official; (ii) a brief description of any significant problems 

encountered, and solutions for such problems; and (iii) a certification that HOVEN SA has 

completed its obligations for the VIW APA Emissions Monitoring Assistance as required by this 

Consent Decree. 

1. HOVENSA shall provide a copy of the applicable provisions of the 

VIW APA Emissions Monitoring Assistance SOW to each consulting or contracting firm that is 

retained to perform work required by this Paragraph. This requirement shall apply in lieu of the 

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requirement in Paragraph 8 to provide a copy of relevant portions of this Consent Decree to any 

contractor retained by HOVENSA to perform work required by this Consent Decree. 

C. Public Statements. 

141. HOVENSA agrees that in any public statements regarding the Territorial 

Supplemental Environmental Project(s) and the VIW APA Emissions Monitoring Assistance 

required under this Part, HOVENSA must clearly indicate that these are being undertaken as part 

of the settlement of an enforcement action for alleged violations of the Clean Air Act and 

corollary Virgin Island laws and/or regulations. However, it is expressly understood by the 

parties that the costs to implement the VIW AP A Emissions Monitoring Assistance is not a fine 

or a penalty and does not reduce any fine or penalty imposed by this Consent Decree. 

X. REPORTING AND RECORDKEEPING 

142. HOVENSA shall retain all records required to be maintained in accordance with 

this Consent Decree for a period of five (5) years or until Termination, whichever is longer, 

unless applicable regulations require the records to be maintained longer. 

143. Beginning thirty (30) Days after the end of the first semi-annual period after the 

Date of Entry and semi-annually thereafter on January 31 and July 31 until termination of this 

Consent Decree, HOVENSA will submit to EPA and VIDPNR a progress report. The reports 

will contain the following information: 

a. General. Each report will contain: 

i. A progress report on the implementation of the requirements of 

Part V (Affirmative Relief/Environmental Projects); 

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ii. A summary of the emissions data that is specifically required by 

the reporting requirements of Part V (Affirmative Relief/Environmental Projects) 

for the period covered by the report; 

m. A description of any problems anticipated with respect to meeting 

the requirements of Part V (Affirmative Relief/Environmental Projects); 

iv. A description ofthe status ofthe SEP being conducted under 

Part IX (Territorial Supplemental Environmental Project); and 

v. Any such additional matters as HOVENSA believes should be 

brought to the attention of EPA and VIDPNR. 

b. Emissions Data. In the semi-annual report required to be submitted on 

July 31 of each year, HOVENSA shall provide a summary of annual emissions data for the prior 

calendar year. The summary shall include: 

i. NOx, S02, CO and PM emissions in tons per year as a sum for all 

heaters and boilers greater than 40 mmBTU/hr maximum fired duty listed in 

Appendix A ("List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines and Compressor Engines"); 

ii. NOx, S02, CO and PM emissions in tons per year for the 

Generating Turbines listed in Appendix A ("List of Heaters and Boilers Greater 

Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"); 

iii. S02 and TRS emissions in tons per year for each sulfur recovery 

plant; 

iv. S02 emissions in tons per year from all Acid Gas Flaring and Tail 

Gas Incidents, by flare; 

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v. NOx, S02, CO and PM emissions in tons per year as a sum for all 

other emissions units for which emissions information is required to be included 

in HOVENSA's annual emissions summary required under 12 VIRR 

Section 206-93 and are not identified in (i) through (vi) of this Paragraph; and 

vi. The basis for each estimate required in this Subparagraph 

(i.e., stack tests, CEMS, PEMS, etc.) and an explanation ofthe methodology used 

to calculate the tons per year emitted. 

To the extent that the required emissions summary data is available in other reports generated by 

HOVENSA, such other reports can be attached or the appropriate information can be extracted 

from such other reports and attached to the semi-annual report to satisfy the requirement. 

c. Exceedances ofEmission Limits. In each semi-annual report, HOVENSA 

shall identify each exceedance of an emission limit required or established by this Consent 

Decree that occurred during the previous semi-annual period. The semi-annual report shall 

include the following information: 

i. For emissions units that are monitored with CEMS or PEMS, for 

each CEMS or PEMS: 

(1) Total period where the emissions limit was exceeded, if 

applicable, expressed as a percentage of operating time for each calendar 

quarter; 

(2) Where the operating unit has exceeded the emissions limit 

more than 1% of the total time of the calendar quarter, identification of 

each averaging period that exceeded the limit by time and date, the actual 

emissions of that averaging period (in the units ofthe limit), and any 

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identified cause for the exceedance (including startup, shutdown, 

maintenance or malfunction), and, if it was a malfunction, an explanation 

and any corrective actions taken; 

(3) Total downtime of the CEMS or PEMS, if applicable, 

expressed as a percentage of operating time for the calendar quarter; 

(4) Where the CEMS or PEMS downtime is greater than 5% of 

the total time in a calendar quarter for a unit, identify the periods of 

downtime by time and date, and any identified cause of the downtime 

(including maintenance or malfunction), and if it was a malfunction, an 

explanation and any corrective action taken; 

(5) If a report filed pursuant to another applicable legal 

requirement contains all of the information required by this 

Subparagraph 143.c.i in a similar or same format, the requirements of this 

Subparagraph 143.c.i may be satisfied by attaching a copy of such report. 

ii. For any exceedance of an emissions limit required or established 

by this Consent Decree that is monitored through stack testing: 

(l) A summary ofthe results ofthe stack test in which the 

exceedance occurred; 

(2) A copy of the full stack test report in which the exceedance 

occurred; 

(3) To the extent that HOVENSA has already submitted the 

stack test results, HOVENSA need not resubmit them, but may instead 

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reference the submission in the report (e.g., date, addressee, reason for 

submission). 

144. Each report will be certified for HOVENSA by an officer of HOVEN SA 

responsible for overseeing implementation of this Consent Decree, as follows: 

"I certify under penalty oflaw that this information was prepared under my 

direction or supervision by personnel qualified to properly gather and evaluate the 

information submitted. Based on my directions and after reasonable inquiry of 

the person(s) directly responsible for gathering the information, the information 

submitted is, to the best of my knowledge and belief, true, accurate and 

complete." 

XI. CIVILPENALTY 

145. In satisfaction ofthe civil claims asserted by the United States and the Virgin 

Islands in the Complaint filed in this matter, by no later than thirty (30) Days after the Date of 

Entry, HOVENSA shall pay a civil penalty of$5,125,000 to the United States and a civil penalty 

of$250,000 to the Virgin Islands. 

146. Payment. 

a. Payment to the United States. Payment to the United States shall be made 

by Electronic Funds Transfer ("EFT") to the United States Department of Justice, in accordance 

with current EFT procedures, referencing the USAO File Number 2010V00064, DOJ Case 

Number 90-5-2-08229/1, and the civil action case name and case number ofthis action in the 

District of the Virgin Islands. The costs of such EFT shall be the responsibility ofHOVENSA. 

Payment shall be made in accordance with instructions provided to HOVENSA by the Financial 

Litigation Unit of the United States Attorney's Office for the District of the Virgin Islands. Any 

funds received after 11 :00 a.m. (EDT) shall be credited on the next business day. HOVENSA 

shall provide notice of payment, referencing the USAO File Number 2010V00064, DOJ Case 

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Number 90-5-2-08229/1, and the civil action case name and case number, to the United States as 

provided in Paragraph 225 (Notice). 

b. Payment to the Virgin Islands. Payment to the Virgin Islands shall be 

made by certified check or checks or cashier's checks made payable to "Government of the 

Virgin Islands Department of Planning & Natural Resources," referencing the name and address 

of the party making payment, and the civil action number. HOVENSA shall send the check(s) 

to: 

Government of the Virgin Islands 

Department of Planning & Natural Resources 

8100 Lindberg Bay, Ste. #I 

Cyril E. King Airport, Terminal Bldg. Second Floor 

St. Thomas, V .1. 00802 

147. The civil penalty set forth herein, as well as any stipulated penalty incurred 

pursuant to Part XII (Stipulated Penalties), is a penalty within the meaning of Section 162(t) of 

the Internal Revenue Code, 26 U.S.C. § 162(t), and, therefore, HOVENSA will not treat such 

penalty payment as tax deductible for purposes of federal or territorial law. 

148. Upon the Date ofEntry, this Consent Decree will constitute an enforceable 

judgment for purposes of post-judgment collection in accordance with Rule 69 of the Federal 

Rules ofCivil Procedure, the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001, et seq., 

and other applicable federal authority. The United States will be deemed as judgment creditors 

for purposes of collecting any unpaid amounts of the penalty and interest pursuant to this Part, or 

any stipulated penalty owed pursuant to Part XII (Stipulated Penalties). 

XII. STIPULATED PENALTIES 

149. Except as otherwise provided in Paragraph 138 (Territorial Supplemental 

Environmental Project), HOVENSA shall pay stipulated penalties as provided in this Part to the 

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United States for each failure by HOVENSA to comply with the terms of this Consent Decree. 

Stipulated penalties shall be calculated in the amounts specified in this Part. For those provisions 

where a stipulated penalty of either a fixed amount or 1.2 times the economic benefit of delayed 

compliance is available, the decision of which alternative to seek shall rest exclusively within the 

discretion of the United States. Where a single event triggers more than one stipulated penalty 

provision, only the higher of the individual stipulated penalties shall apply. 

A. Requirements for NO!: Emissions Reductions from the FCCU 

150. [Reserved] 

151. For each failure to meet the FCCU NOx limit set forth in Paragraph 11: $750 for 

each day that the specified 7-day rolling average exceeds the applicable limit; and $2,500 for 

each day that the specified 365-day rolling average exceeds the applicable limit. 

B. Requirements for SO~ Emissions Control from the FCCU 

152. For failure to meet any FCCU S02 limit set forth in Paragraph 13: $750 for each 

day that the specified 7-day rolling average exceeds the applicable limit; and $2,500 for each day 

that the specified 365-day rolling average exceeds the applicable limit. 

c. Requirements for PM Emissions Control from the FCCU 

153. For failure to meet the FCCU PM limit set forth in Paragraph 15: $500 for the 

first day of non-compliance with the limit, and $1,500 for each day thereafter until HOVENSA 

demonstrates compliance. 

D. Requirements for CO Emissions Control from the FCCU 

154. For each failure to meet any FCCU CO limit that HOVENSA accepts pursuant to 

Paragraph 18 or 19 (if applicable): $750 for each day that the specified 1-hour block average 

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exceeds the applicable limit; and $2,500 for each day that the specified 365-day rolling average 

exceeds the applicable limit. 

E. Requirements Related to NSPS Applicability to FCCU Catalyst Regenerator. 

155. For failure to comply with NSPS Subparts A and J (or Ja, if applicable, for CO, 

S02, or PM) limits applicable to the FCCU's catalyst regenerator, as specified in Paragraph 22, 

per pollutant, per day: 

Period ofNon-Compliance 

1st through 30th day 

31st through 60th day 

Over 60 days 

Penalty per day 

$1,000 

$2,000 

$3,000, or an amount equal to 1.2 times the 

economic benefit of non-compliance, 

whichever is greater. 

F. Requirements for NO! Emission Reductions from Heaters, Boilers, Generating 

Turbines and Compressor Engines. 

156. 

a. For failure to install Qualifying Controls, submit pennit applications or 

incorporate emission limits into pennits for heaters, boilers, Generating Turbines, or Compressor 

Engines as required by Paragraphs 24, 26, 27 or 28: 

Period ofNon-Compliance 

1st through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$2,500 

$6,000 

$10,000, or an amount equal to 1.2 times the 

economic benefit of non-compliance, 

whichever is greater. 

b. For failure to reduce NOx emissions from heaters, boilers, Generating 

Turbines, or Compressor Engines, as required by Paragraphs 24, 26, 27 or 28: 

Period ofNon-Compliance 

1st through 30th day after deadline 

31st through 60th day after deadline 

Penalty per day 

$2,500 

$6,000 

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Beyond 60th day after deadline $10,000, or an amount equal to 1.2 times the 

economic benefit of non-compliance, 

whichever is greater. 

c. For failure to comply with any permit requirement (contained in permits 

required by Paragraphs 24, 26, 27 or 28) to control NOx emissions: $500 per unit, per day. 

G. Reguirements for SO~ Emissions Reductions from Heaters, Boilers and Generating 

Turbines 

157. For burning any fuel gas that contains H2S in excess ofthe applicable 

requirements ofNSPS Subparts A and J (or Ja, as applicable) in one or more heaters or boilers or 

other identified equipment listed in Appendix C (''NSPS Subpart J or Ja Compliance Schedule 

for Listed Fuel Gas Combustion Devices (Other than Flaring Devices)"), per event, per day: 

Period of Non-Compliance 

1st through 30th day 

Beyond 31st day 

Penalty per day 

$2,500 

$5,000 or an amount equal to 1.2 times the 

economic benefit of delayed compliance, 

whichever is greater. 

158. For burning Fuel Oil in any combustion unit in violation of Paragraphs 37, 38 or 

39, per unit, per day: 

Period ofNon-Compliance 

1st through 30th day 

Beyond 31st day 

Penalty per day 

$1,750 

$5,000 or an amount equal to 1.2 times the 

economic benefit of delayed compliance, 

whichever is greater 

H. Reguirements for Sulfur Recovery Plants 

159. For failure to comply with the NSPS Subparts A and J (or Ja, as applicable) 

emission limits at the Sulfur Recovery Plants, as specified in Paragraphs 44 and 45, per unit, 

per day: 

Period ofNon-Compliance 

1st through 30th day 

31st through 60th day 

Penalty per day 

$1,000 

$2,000 

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Over 60 days $3,000 or an amount equal to I.2 times the 

economic benefit of non-compliance, 

whichever is greater 

I60. For failure to route or re-route all sulfur pit emissions in accordance with the 

requirements ofParagraph 43, per unit, per day: 

Period ofNon-Compliance 

I st through 30th day 

3I st through 60th day 

Beyond 60th day 

Penaltv per day 

$I,OOO 

$I,750 

$4,000 or an amount equal to I.2 times the 

economic benefit of delayed compliance, 

whichever is greater 

I61. For failure to develop and implement a Preventative Maintenance Operation Plan, 

pursuant to Paragraph 48, per day: 

Period ofNon-Compliance 

I st through 30th day after deadline 

3I st through 60th day after deadline 

Beyond 60th day after deadline 

I. Requirements for Flaring Devices 

Penaltv per day 

$500 

$I,500 

$2,000 

I62. For failure to comply with applicable NSPS Subparts A and Ja requirements, at 

the flares listed on Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja") after 

the date on which HOVENSA has accepted NSPS applicability, as set forth in Paragraphs 49 and 

50, per Flaring Device: 

Period ofNon-Compliance 

1st through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penaltv per day 

$500 

$1,500 

$2,000 

163. For failure to submit the NSPS Subparts J/Ja compliance certification as required 

by Paragraph 52, per Flaring Device: 

Period ofDelay 

1st through 30th day 

31st through 60th day 

Penaltv per day 

$500 

$1,500 

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Beyond 60th day $2,000 

J. Requirements for Benzene Waste NESHAP Program 

164. For violations of the Paragraphs identified below, the amounts defined shall 

apply. 

a. Failure to conduct audit or compliance review and verification required by 

Paragraphs 79 and 82: $5,000 per month per review/audit. 

b. Failure to sample as required by Paragraph 88: $2,500 per week, per 

stream or $15,000 per quarter, per stream (whichever amount is greater, but not to exceed 

$75,000 per quarter). 

c. Failure to install carbon canister as required by Paragraph 81: $1,000 per 

day per canister. 

d. Failure to replace carbon canister as required by Paragraph 81: $1,000 per 

day per canister. 

e. Failure to perform monitoring as required by Paragraph 81: $500 per 

monitoring event. 

f. Failure to provide the training as required by Paragraph 84: $10,000 per 

quarter. 

g. If it is discovered by an EPA or territorial investigator or inspector, or 

their agent, that HOVENSA failed to include all benzene waste streams in its TAB, in 

accordance with Paragraph 79, for each waste stream that is: 

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Less than 0.03 Mg/yr $250 per stream 

Between 0.03 and 0.1 $1,000 per stream 

Mg/yr 

Between 0.1 Mg/yr and $5,000 per stream 

0.5 Mg/yr 

Greater than 0.5 Mg/yr $10,000Rer stream 

h. Failure to monitor API separators as specified in Paragraph 93: $100 per 

missed monitoring location. 

i. Failure to monitor API separators quarterly if the leak rate exceeds one 

(1) percent, as specified in Subparagraph 93.a.iii.(2): $10,000 per separator. 

K. Requirements for Leak Detection and Repair Program 

165. Requirements for Leak Detection and Repair Program (Section V.R): 

a. Failure to have the written LDAR program as required by Paragraph 103: 

$3,500 per week. 

b. Failure to provide the training required by Paragraph 105: $10,000 per 

quarter. 

c. Failure to implement the requirements ofParagraph 106 (Audits): $5,000 

per month per audit. 

d. Failure to implement the requirements ofParagraph 109 (Leak 

Definitions): $100 per component, up to $10,000 per month per process unit. 

e. Failure to implement the requirements of Paragraph 112 (Valve 

Preventative Maintenance Program): 

i. For failure to perform and record external valve or stuffing box 

surveys according to Paragraph 112: $300 per survey. 

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ii. For failure to install new or replacement valves with packing 

and/or valve technology and record information as required under 

Subparagraph 112.c: $300 per valve. 

iii. For failure to repack/replace to the extent required by 

Subparagraph 112.b, and record relevant information on valves which leaked 

above applicable leak definitions, and which were determined to be in poor 

condition according to the external valve survey (if performed) under 

Subparagraph 112.a: $1200. 

IV. For failure to repack/replace as required by Subparagraph 112.b, 

and record required information on valves which leaked above applicable leak 

definitions, and which were determined to be in good condition according to the 

external valve survey performed under Subparagraph 112.a: $1000. 

v. For failure to repack/replace as required by Subparagraph 112.b, 

and record required information on valves which have not leaked above 

applicable leak definitions, and which were determined to be in poor condition 

according to the external valve survey (if performed) under Subparagraph 112.a: 

$800. 

vi. For failure to repack/replace as required by Paragraph 112.b, and 

record required information on valves which have not leaked above applicable 

leak definitions, and which were determined to be in good condition according to 

the external valve survey performed under Subparagraph 112.a: $600. This 

provision shall only apply to a valve which has leaked above 100 ppm during the 

last monitoring period prior to the turnaround. 

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f. Failure to implement the requirements under Subparagraphs Il3.a and 

Il3.b (LDAR Monitoring Frequency): $IOO per component, up to $IO,OOO per month per 

process unit. 

g. Failure to implement the requirements under Paragraphs II4 and II5 

(Electronic Storage ofLDAR Data/Electronic Monitoring and Reporting of the LDAR Data): 

$5,000 per month per process unit. 

h. Failure to implement the requirements under Paragraph II7 (LDAR 

Personnel): $3,750 per week. 

i. Failure to implement the requirements under Paragraph II6 (QA/QC of 

LDAR Data): $I,OOO per event. 

j. Failure to implement the requirements under Paragraphs II9 and I20 

(Calibration/Calibration Drift Assessment): $100 per missed event per day. 

k. Failure to implement the requirements under Paragraph I2I (Extended 

Maintenance and Delay ofRepair): Subparagraph I2l.a: $1000 per component; 

Subparagraph I2l.b: $2500 per component; Subparagraph I2l.c: $5,000 per component. 

1. If, after the initial audit required under Subparagraph I 06.a., an EPA or 

territorial investigator or inspector, or their agent, discovers that HOVENSA failed to include a 

component in the LDAR program for monitoring within I20 Days of documented date of 

installation: $I500 per component. 

m. If, after the initial audit required under Subparagraph I 06.a, HOVENSA 

discovers that it failed to include a component in the LDAR program for monitoring within I20 

Days of documented date of installation: $I75 per component. 

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n. Failure to correctly perform EPA Test Method 21 (or the alternate leak 

detection method pursuant to Paragraph 1 04), as indicated by the leak percentage ratio 

determined through comparative monitoring and calculated as described in Paragraph 107, 

provided the auditor identified at least three (3) leaking valves in the process unit: 

Ratio process unit valve leak Stipulated Penalty for 

percentage to average valve leak 4-monitoring periods, 

percentage reported for process unit per process unit 

(Paragraph 1 07) 

3.0 $15,000 

4.0 $30,000 

5.0 $45,000 

6.0 or greater $60,000 

o. For failure to comply with Paragraph 102: 

Period of Penalty per Day 

Delay 

1st day through 30m $50 

day after deadline 

31st day through 60m $500 

day after deadline 

Beyond 60m day $1,000 

after deadline 

p. Failure to comply with the requirements of 40 C.F .R. Part 60, 

Subpart GGG, as required in Paragraph 101 within three (3) years after the Date of Lodging: 

Period ofNon-Compliance Penalty per day 

1st through 30m day $625 

31st through 6010 day $1,500 

Beyond 60m day $2,500 or an amount equal to 

1.2 times the economic benefit 

of delayed compliance 

whichever is greater. 

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L. Requirements to Incorporate Consent Decree Requirements into FederallyEnforceable Permits 

127: 

166. For each failure to submit an application as required by Paragraphs 124, 125 and 

Period of Delay 

I st day through 30th day after deadline 

31st day through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$1,000 

$2,500 

$5,000 

M. Requirements Related to Territorial Supplemental Environmental Project 

167. For failure to comply with any requirement for the Supplemental Environmental 

Project under Part IX (Territorial Supplemental Environmental Project), per requirement, per 

day: 

Period ofDelay 

I st day through 30th day after deadline 

31st day through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$1,000 

$2,500 

$5,000 

Such stipulated penalties shall be paid to the Virgin Islands. 

N. Requirements for Monitoring, Reporting and Recordkeeping 

168. For failure to install, certify, calibrate, maintain and/or operate a CEMS or PEMS, 

as required by Paragraphs 12, 14, 21, per day: 

Period of Delay 

I st through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$500 

$1,000 

$2,000 or an amount equal to 1.2 times the 

economic benefit of delayed compliance, 

whichever is greater 

169. For failure to conduct PM testing or comply with performance testing required by 

Paragraph 16: 

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Period ofNon-Compliance 

1st day through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$200 

$500 

$1,000 

170. For failure to comply with NSPS Subparts A and J monitoring requirements at the 

Sulfur Recovery Plants, as specified in Paragraphs 44 and 45, per day: 

Period ofNon-Compliance 

1st day through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$500 

$1,500 

$2,000 

171. For failure to submit reports as required by Part X (Reporting and 

Recordkeeping), per report, per day: 

Period ofNon-Compliance 

1st day through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

Penalty per day 

$500 

$1,000 

$2,000 

172. For failure to submit any written deliverable required by this Consent Decree, per 

deliverable, per day: 

Period of Delay 

1st through 30th day after deadline 

31st through 60th day after deadline 

Beyond 60th day after deadline 

0. Requirements to Pay Civil Penalty 

Penalty per day 

$200 

$500 

$1,000 

173. For failure to make any civil penalty payment required by Part XI (Civil Penalty) 

HOVENSA shall be liable for: $15,000 per day, and interest on the amount overdue at the rate 

specified in 28 U.S.C. § 1961(a). 

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P. Requirement to Pay Stipulated Penalties 

174. For failure to pay or escrow stipulated penalties as required by Paragraphs 176 

and 177: $2,500 per day, per penalty, plus interest on the amount overdue at the rate specified in 

28 U.S.C. § 1961(a). 

Q. Requirements for Coker 

175. For failure to comply with the interim depressurization level for the Coker, as 

specified in Subparagraph 132.a, or when applicable the final depressurization level, as specified 

in Subparagraph 132.b, per day: 

Period ofNon-Compliance 

1st through 30th day 

31st through 60th day 

Over 60 days 

Penalty per day 

$1,000 

$2,000 

$3,000 or an amount equal to 1.2 times the 

economic benefit of non-compliance, 

whichever is greater 

R. General Provisions Related to Stipulated Penalties 

176. Payment of Stipulated Penalties. Stipulated penalties under this Part will begin to 

accrue on the day after performance is due or on the day a violation occurs, whichever is 

applicable, and will continue to accrue until performance is satisfactorily completed or until the 

violation ceases. HOVENSA shall pay stipulated penalties upon written demand by the United 

States (or by the Virgin Islands pursuant to Paragraph 167) no later than sixty (60) Days after 

HOVENSA receives such demand. Stipulated Penalties shall be paid to the United States or the 

Virgin Islands (as applicable) in the manner set forth in Part XI (Civil Penalty). A demand for 

the payment of stipulated penalties will identify the particular violation(s) to which the stipulated 

penalty relates, the stipulated penalty amount for each violation (as can be best estimated), the 

calculation method underlying the demand, and the grounds upon which the demand is based. 

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i;T' 

0 

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The United States may, in its unreviewable discretion, waive payment of all or any portion of 

stipulated penalties that may accrue under this Consent Decree. 

177. Stipulated Penalty Dispute. Should HOVENSA dispute the United States' or the 

Virgin Islands' demand for all or part of a stipulated penalty, it may avoid the imposition of a 

stipulated penalty for failure to pay a stipulated penalty under Paragraph 176 by placing the 

disputed amount demanded in a commercial escrow account pending resolution of the matter and 

by invoking the dispute resolution provisions of Part XVI (Retention of Jurisdiction/Dispute .< 

Resolution) within the time provided in Paragraph 176 for payment of stipulated penalties. If the 

dispute is thereafter resolved in HOVENSA's favor, the escrowed amount plus accrued interest 

shall be returned to HOVENSA; otherwise, EPA shall be entitled to the amount that was 

determined to be due by the Court, plus the interest that has accrued in the escrow account on 

such amount. The United States and the Virgin Islands reserve the right to pursue any other nonmonetary remedies to which they are legally entitled, including, but not limited to, injunctive 

relief for HOVENSA's violations of this Consent Decree. 

178. Where a violation of this Consent Decree is also a violation of the Clean Air Act, 

its regulations, or a federally-enforceable Territorial law, regulation, or permit, the United States 

will not seek civil penalties where it already has demanded and secured stipulated penalties from 

HOVENSA for the same violations nor will the United States demand stipulated penalties from 

HOVENSA for a Consent Decree violation if the United States has commenced litigation under 

the Clean Air Act for the same violations. Where a violation of this Consent Decree is also a 

violation of Territorial law, regulation, or a permit, VIDPNR will not seek civil penalties where 

it already has demanded and secured stipulated penalties from HOVENSA for the same 

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violations, nor will VIDPNR demand stipulated penalties from HOVENSA for a Consent Decree 

violation ifVIDPNR has commenced litigation under the Clean Air Act for the same violations. 

XIII. INTEREST 

179. HOVENSA shall be liable for interest on the unpaid balance ofthe civil penalty 

specified in Part XI (Civil Penalty), and/or interest on any unpaid balance of stipulated penalties 

to be paid in accordance with Part XII (Stipulated Penalties). All such interest shall accrue at the 

rate established pursuant to 28 U.S.C. § 1961(a)- i.e., a rate equal to the coupon issue yield 

equivalent (as determined by the Secretary ofTreasury) of the average accepted auction price for 

the last auction of 52-week U.S. Treasury bills settled prior to the Date of Lodging. Interest shall 

be computed daily and compounded annually. Interest shall be calculated from the date payment 

is due through the date of actual payment. For purposes of this Paragraph, interest will cease to 

accrue on the amount of any stipulated penalty payment placed into an interest bearing escrow 

account as provided by Paragraph 177 (Stipulated Penalties Dispute). 

XIV. RIGHT OF ENTRY 

180. Any authorized representative ofEPA or VIDPNR, upon presentation of 

credentials, shall have a right of entry upon the premises of the facilities of the Refinery at any 

reasonable time for the purpose of monitoring compliance with the provisions of this Consent 

Decree, including inspecting plant equipment and systems, and inspecting and copying all 

records maintained by HOVENSA pursuant to this Consent Decree or deemed necessary by EPA 

or VIDPNR to verify compliance with the Decree. Except where other time periods are 

specifically noted in this Consent Decree, HOVEN SA shall retain such records for the period of 

this Consent Decree. Nothing in this Consent Decree shall limit the authority ofEPA or 

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VIDPNR to conduct tests, inspections, or other activities under any statutory or regulatory 

authority. 

XV. FORCE MAJEURE 

181. For purposes ofthis Consent Decree, a "Force Majeure Event" shall mean an 

event that has been or will be caused by circumstances beyond the control ofHOVENSA, or any 

contractor or other entity controlled by HOVEN SA, that delays compliance with any provision 

of this Consent Decree or causes a violation of any provision of this Consent Decree despite 

HOVENSA's best efforts to fulfill the obligation. "Best efforts to fulfill the obligation" include 

using best efforts to anticipate any potential Force Majeure Event and all reasonable efforts to 

address the effects of any such event (a) as it is occurring and (b) after it has occurred, such that 

the delay or violation is minimized to the greatest extent possible. "Force Majeure" does not 

include HOVENSA's financial inability to perform any obligation under this Consent Decree. 

182. Notice of Force Majeure Events. If any event occurs or fails to occur that may 

delay compliance with or otherwise cause a violation of any obligation under this Consent 

Decree, as to which HOVENSA intends to assert a claim of Force Majeure, HOVENSA shall 

notify the United States and VIDPNR in writing as soon as practicable, but in no event later than 

twenty (20) business days following the date HOVENSA first knew, or by the exercise of due 

diligence should have known, that the event caused or may cause such delay or violation. If 

HOVENSA learns subsequent to its execution of the Consent Decree that impacts associated 

with the more stringent N02 or S02 NAAQS or PM-2.5 memorandum will or may cause delay or 

violation of any obligation under the Consent Decree, to which HOVENSA intends to assert a 

claim of Force Majeure, HOVENSA shall notify the United States and VIDPNR in writing, by 

the later ofthe two following dates: (1) within ten (10) business days of the Date of Entry; or (2) 

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within ten (10) business days of the date when HOVENSA first knew or should have known by 

the exercise of due diligence that the relevant impact associated with the more stringent N02 or 

S02 NAAQS or PM-2.5 memorandum will or may cause delay or impediment to performance in 

compliance with any provision of the Consent Decree. In any notice provided pursuant to either 

ofthe preceding two sentences, HOVENSA shall reference this Paragraph and describe the 

anticipated length of time that the delay or violation may persist, the cause or causes of the delay 

or violation, all measures taken or to be taken by HOVENSA to prevent or minimize the delay or 

violation, the schedule by which HOVENSA proposes to implement those measures, and 

HOVENSA's rationale for attributing a delay or violation to a Force Majeure Event. 

HOVENSA shall adopt all reasonable measures to avoid or minimize such delays or 

violations. HOVENSA shall be deemed to know of any circumstance ofwhich HOVENSA, or 

any contractor or other entity controlled by HOVENSA, knew or should have known. 

183. Failure to Give Notice. IfHOVENSA materially fails to comply with the notice 

requirements of this Part, the United States may void HOVENSA's claim for Force Majeure as 

to the specific event for which HOVENSA has failed to comply with such notice requirement. 

184. Plaintiffs' Response. The United States, after an opportunity to consult with the 

Virgin Islands, shall notify HOVENSA in writing regarding its claim of Force Majeure as soon 

as reasonably practicable. If the United States agrees that the delay in performance has been or 

will be caused by a Force Majeure Event, the United States and HOVENSA shall stipulate to an 

extension of deadlines(s) for performance ofthe affected Consent Decree requirement(s) by a 

period equal to the delay actually caused by the event (taking into account additional work 

HOVENSA may be required to perform due to the more stringent N02 or S02 NAAQS or PM2.5 memorandum), or to the extent to which HOVENSA may be relieved of stipulated penalties 

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or other remedies provided under the terms of this Consent Decree. Such agreement shall be 

reduced to writing, and signed by the Parties. If the agreement results in a material change to the 

terms of this Consent Decree, an appropriate modification shall be made pursuant to Paragraph 

228 (Modification). If such change is not material, no modification ofthis Consent Decree shall 

be required. 

185. Disagreement. If the United States does not accept HOVENSA's claim ofForce 

Majeure, or if the Parties cannot agree on the length of the delay actually caused by the Force 

Majeure Event, or the extent of relief required to address the delay actually caused by the Force 

Majeure Event, the matter shall be resolved in accordance with Part XVI (Retention of 

Jurisdiction/Dispute Resolution). 

186. Burden ofProof. In any dispute regarding Force Majeure, HOVENSA shall bear 

the burden of proving that any delay in performance or any other violation of any requirement of 

this Consent Decree was caused by or will be caused by a Force Majeure Event. HOVENSA 

shall also bear the burden of proving that it gave the notice required by this Section and the 

burden ofproving the anticipated duration and extent of any delay(s) attributable to a Force 

Majeure Event. An extension of one compliance date based on a particular event may, but does 

not necessarily, result in an extension of a subsequent compliance date. 

187. Events Excluded. Unanticipated or increased costs or expenses associated with 

the performance ofHOVENSA's obligations under this Consent Decree shall not constitute a 

Force Majeure Event. 

188. Potential Force Majeure Events. Provided HOVENSA satisfied all requirements 

in Paragraphs 181 to 186 and other than as provided in Paragraph 187, the Parties agree that the 

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

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meaning of this Part: construction, labor, or equipment delays; Malfunction of an emissions unit 

or emission control device; unanticipated fuel supply or pollution control reagent/catalyst 

delivery interruptions; acts of God; and acts of war or terrorism. Depending upon the 

circumstances and HOVENSA's response to such circumstances, failure of a permitting 

authority to issue a necessary permit in a timely fashion may constitute a Force Majeure Event 

where the failure ofthe permitting authority to act is beyond the control ofHOVENSA and 

HOVENSA has taken all steps available to it to obtain the necessary permit, including, but not 

limited to: submitting a complete permit application; responding to requests for additional 

information by the permitting authority in a timely fashion; and accepting lawful permit terms 

and conditions after exhausting any legal rights to appeal terms and conditions imposed by the 

permitting authority. 

189. As part ofthe resolution of any matter submitted to this Court under Part XVI 

(Retention of Jurisdiction/Dispute Resolution) regarding a claim of Force Majeure, the Parties 

(by agreement), or the Court (by order), may in appropriate circumstances only extend the 

schedule for completion of work under this Consent Decree to account for the delay in the work 

that occurred as a result of any delay agreed to by the Parties or approved by the Court. 

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

in accordance with the extended or modified schedule (provided that HOVENSA shall not be 

precluded from making a further claim of Force Majeure with regard to meeting any such 

extended or modified schedule). 

XVI. RETENTION OF JURISDICTION/DISPUTE RESOLUTION 

190. This Court shall retain jurisdiction of this matter for the purposes of implementing 

and enforcing the terms and conditions of this Consent Decree and adjudicating all disputes 

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between the United States, the Virgin Islands and HOVENSA that may arise under the 

provisions of this Consent Decree until the Decree terminates in accordance with Part XIX 

(Termination). 

191. The dispute resolution procedure set forth in this Part shall be available to resolve 

any and all disputes arising under this Consent Decree, provided that the Party making such 

application has made a good faith attempt to resolve the matter with the other Party. 

192. The dispute resolution procedure required herein shall be invoked by one Party 

giving to the other written notice of a dispute pursuant to this Part. The notice shall describe the 

nature ofthe dispute, and shall state the noticing Party's position with regard to such dispute. 

The Party receiving such a notice shall acknowledge receipt of the notice and the Parties shall 

expeditiously schedule a meeting to discuss the dispute informally no later than thirty (30) Days 

from the receipt of such notice. 

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

of informal negotiations between the Parties. Such period of informal negotiations shall not 

extend beyond ninety (90) Days from the date ofthe first meeting between representatives of the 

Parties, unless the Parties agree in writing that this period should be extended. 

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

negotiation period pursuant to Paragraph 193, the United States or the Virgin Islands, as 

applicable, shall provide HOVEN SA with a written summary of its position regarding the 

dispute. The position advanced by the United States or the Virgin Islands, as applicable, shall be 

considered binding unless, within forty-five (45) Days ofHOVENSA's receipt ofthe written 

summary of the United States' or the Virgin Islands' position, HOVENSA files with the Court a 

petition that describes the nature of the dispute. The United States or the Virgin Islands shall 

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respond to the petition within sixty (60) Days of the petition's filing. The Court shall decide all 

disputes pursuant to applicable principles of law for resolving such disputes. In their initial 

filings with the Court under this Paragraph, the disputing Parties shall state their respective 

positions as to the applicable standard of law for resolving the particular issue or issues in 

dispute. 

195. In the event that the United States and the Virgin Islands make differing 

determinations or take differing action that affect HOVENSA's rights or obligations under this 

Consent Decree, the final decision of the United States shall take precedence. 

196. Where the nature of the dispute is such that a more timely resolution of the issue 

is required, the time periods set forth in this Part may be shortened upon motion of one of the 

Parties. 

197. The Parties do not intend that the invocation of this Part by a Party cause the 

Court to draw any inferences or establish any presumptions adverse to either Party. 

198. As part of the resolution of any dispute under this Part, the Parties, by agreement, 

or the Court, by order, may, in appropriate circumstances, extend or modify the schedule for 

completion of work under this Consent Decree to account for the delay in the work that occurred 

as a result of the dispute resolution process. HOVENSA shall be liable for stipulated penalties 

for its failure thereafter to complete the work in accordance with the extended or modified 

schedule. 

XVD. EFFECT OF SETTLEMENT 

199. Definitions. For purposes of this Part, the following definitions apply: 

a. "Applicable NSRIPSD Requirements" shall mean: 

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1. PSD requirements at Part C of Subchapter I of the Act, 42 U.S.C. 

§ 7475, and the regulations promulgated thereunder at 40 C.P.R.§§ 52.21 and 

51.166; the portions ofthe applicable SIP and related rules adopted as required by 

40 C.P.R.§§ 51.165 and 51.166; 

ii. Any Title V regulations that implement, adopt, or incorporate the 

specific regulatory requirements identified above; any applicable federallyenforceable territorial regulations that implement, adopt, or incorporate the 

specific federal regulatory requirements identified above; any Title V permit 

provisions that implement, adopt, or incorporate the specific regulatory 

requirements identified above; and 

m. Any applicable territorial laws or regulations that implement, 

adopt, or incorporate the specific federal regulatory requirements identified above 

regardless of whether such laws or regulations have been formally approved by 

EPA as part of the applicable State Implementation Plan. 

b. "Applicable NSPS Subparts A and J Requirements" shall mean the 

standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.P.R. 

§§ 60.100 through 60.109 (Subpart J) relating to a particular pollutant and a particular affected 

facility, and the corollary general requirements found at 40 C.P.R.§§ 60.1 through 60.19 

(Subpart A) that are applicable to any affected facility covered by Subpart J. This term shall 

also include the requirements of 12 VIRR Section 204-45, "Standards of Performance for Sulfur 

Recovery Units at Petroleum Refineries." 

c. "Applicable NSPS Subparts A and Ja Requirements" shall mean the 

standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.P.R. 

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§ 60.100a through 60.109a (Subpart Ja) relating to a particular pollutant and a particular affected 

facility, and the corollary general requirements found at 40 C.F.R. §§ 60.1 through 60.19 

(Subpart A) that are applicable to any affected facility covered by Subpart Ja. 

d. "Applicable NSPS Subparts A and D Requirements" shall mean the 

standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F .R. 

§§ 60.40 through 60.46 (Subpart D) relating to a particular pollutant and a particular affected 

facility, and the corollary general requirements found at 40 C.F.R. §§ 60.1 through 60.19 

(Subpart A) that are applicable to any affected facility covered by Subpart D. 

e. "Applicable NSPS Subparts A and GG Requirements" shall mean the 

standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F .R. 

§§ 60.330 through 60.335 (Subpart GG) relating to a particular pollutant and a particular affected 

facility, and the corollary general requirements found at 40 C.F.R. §§ 60.1 through 60.19 

(Subpart A) that are applicable to any affected facility covered by Subpart GG. 

f. "Applicable NSPS Subparts A and QQQ Requirements" shall mean the 

standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F .R. 

§§ 60.590 through 60.593 (Subpart QQQ) relating to a particular pollutant and a particular 

affected facility, and the corollary general requirements found at 40 C.F.R. §§ 60.1 through 

60.19 (Subpart A) that are applicable to any affected facility covered by Subpart QQQ. 

g. "Benzene Waste NESHAP Requirements" shall mean the requirements 

imposed by the National Emission Standard for Benzene Waste Operations, 40 C.F.R. Part 61, 

Subpart FF, and any applicable territorial regulations that implement, adopt or incorporate the 

Benzene Waste NESHAP. 

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h. "Delayed Coker Unit Project" or "Coker Project" shall be the equipment 

that was newly constructed or modified between August 19, 1999 and May 8, 2002 as follows: 

Coker Unit process equipment and associated gas plant, process heaters, H-8501 and H-8502, 

Boiler No. 10, No. 7 Amine, No. 6 Sour Water Stripper, sour water tank, pitch storage tank, 

desalter eftluent water tank, coke cutting water tank, coke pit, Nos. 1 and 2 Sulfur Recovery 

Plants and associated No. 1 Beavon, the process equipment located in the No. 5 Crude, No. 3 

Vacuum, No.3 Crude, No.1 Vacuum, No.1 Visbreaker, and Numbers. 2, 4, 6, and 7 Distillate 

Desulfurizing Units, and outside battery limit modifications to the terminal, tank farm and 

blending equipment. 

i. "FCCU" shall include the riser, reactor, regenerator, air blower, spent 

catalyst stripper, catalyst recovery equipment, regenerator equipment for controlling air pollutant 

emissions, flue gas cooler, and the fractionator, its overhead condenser and associated wet gas 

compressor. 

j. "HOVENSA" shall include HOVENSA L.L.C. and its predecessors in 

interest, except with respect to Paragraph 206. 

k. "LDAR Requirements" shall mean the requirements relating to equipment 

in light liquid service and gas/vapor service set forth at 40 C.F.R. Part 60, Subpart GGG; 

40 C.F.R. Part 61, Subparts J and V; and 40 C.F.R. Part 63, Subparts F, Hand CC; and any 

applicable territorial regulations or State Implementation Plan requirements that implement, 

adopt or incorporate those federal regulations or set similar standards. 

I. "Post-Lodging Compliance Dates" shall mean any dates in this Part after ;~ .. ' 

the Date ofLodging. Post-Lodging Compliance Dates include dates certain (e.g., 

"December 31, 2007"), dates after Lodging represented in terms of "months after Lodging" 

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(e.g., "12 months after the Date of Lodging"), and dates after Lodging represented by actions 

taken (e.g., "Date ofCertification"). The Post-Lodging Compliance Dates represent the dates by 

which work is required to be completed or an emission limit is required to be met under the 

applicable provisions of this Consent Decree. 

200. Liability Resolution Regarding the Applicable NSRIPSD Requirements. With 

respect to emissions of the following pollutants from the following units, entry of this Consent 

Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands: 

(1) for violations ofthe Applicable NSRIPSD Requirements resulting from the construction or 

modification of the following units that occurred prior to the Date of Lodging, and that 

commenced and ceased prior to the Date of Lodging; and (2) for any violations of the Applicable 

NSRIPSD Requirements resulting from pre-Lodging construction or modification ofthe 

following units, that commenced prior to the Date of Lodging and continued up to the following 

dates: 

Unit Pollutant Date 

FCCU NOx Date of Entry 

so2 Date of Entry 

PM Date of Entry 

Heaters, boilers, NOx Eight (8) years from 

Generating Turbines, Date ofEntry 

and Compressor Engines so2 Date of Entry 

Coker Project H2S December 31, 2012 

The limits for VOC, CO, H2S, NOx, S02, PM, PM-1 0, PM 2.s and TRS contained in VIDPNR 

Permit STX-557 A-E-02 for the Coker Project were intended to limit the emissions of these 

pollutants for purposes of avoiding permitting pursuant to 40 C.F.R. §52.21. Section VIlLA 

establishes injunctive reliefto resolve EPA's September 18, 2007 NOV, CAA-02-2007-1313, 

issued to HOVENSA. HOVENSA may seek relaxation of the emissions limits in Permit 

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STX-557A-E 02 pertaining to VOC, CO, H2S, NOx, S02, PM-10, PM, PM-2.5, or TRS upon 

compliance with the interim limit for the Coker Steam Vents as specified in Subparagraph 132.a 

and with the interim limit for Beavon Unit #1 as specified in Appendix H ("Additional Coker 

Project Injunctive Relief'), and all other injunctive relief specified in Appendix H. Such 

relaxations will not be deemed to constitute a major modification to the Refinery within the 

meaning of 40 C.F.R. §52.21(r)(4) and the requirements of Subparagraphs (j) through (s) of 

40 C.F.R. §52.21 shall not apply by virtue of such relaxations. 

201. Conditional Resolution of Liability for CO Emissions Under the Applicable 

NSRIPSD Requirements. With respect to emissions of CO from the Refinery FCCU, if and 

when HOVENSA accepts an emissions limit pursuant to Paragraph 19 and demonstrates 

compliance using CEMS at the Refinery FCCU, then all civil liability ofHOVENSA to the 

United States and the Virgin Islands shall be resolved for violations of the Applicable NSRIPSD 

Requirements relating to CO emissions at the Refinery FCCU resulting from pre-Lodging 

construction or modification of the Refinery FCCU that either ceased prior to the Date of 

Lodging or continued up to the date on which HOVENSA demonstrates compliance with such 

CO emissions limit. 

202. Reservation of Rights Regarding Applicable NSRIPSD Requirements: Release 

for Violations Continuing After the Date of Lodging Can Be Rendered Void. Notwithstanding 

the resolution of liability in Paragraphs 199, 200 and 201, the releases of liability by the United 

States and the Virgin Islands to HOVENSA for violations of the Applicable NSRIPSD 

Requirements during the period between the Date of Lodging and the Post Lodging Compliance 

Dates shall be rendered void ifHOVENSA materially fails to comply with the corresponding 

obligations and requirements of Part V (Affirmative Relief/Environmental Projects}, Sections 

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V.A through V.E (relating to the FCCU), Sections V.F through V.H (relating to heaters, boilers, 

Generating Turbines and Compressor Engines), and Part VIII (Additional Injunctive Relief), 

Sections VIlLA and VIILB (relating to the Delayed Coker Unit), provided, however, that the 

releases in Paragraphs 199, 200, and 201 shall not be rendered void ifHOVENSA remedies such 

material failure and pays any stipulated penalties due as a result of such material failure. 

203. Exclusions from Release Coverage Regarding Applicable NSRIPSD 

Requirements: Construction and/or Modification Not Covered. Notwithstanding the resolution 

ofliability in Paragraphs 199, 200, and 201, nothing in this Consent Decree precludes the United 

States or the Virgin Islands from seeking injunctive relief, penalties, or other appropriate relief 

from HOVENSA for violations by HOVENSA of the Applicable NSR/PSD Requirements 

resulting from: (i) construction or modification that commenced prior to the Date of Lodging, if 

the resulting violations relate to pollutants or units not covered by the Consent Decree; or (ii) any 

construction or modification that commences after the Date of Lodging. 

204. Evaluation of Applicable NSRIPSD Requirements. Increases in emissions from 

units covered by this Consent Decree, where the increases result from the Post-Lodging 

construction or modification of any units within the Refinery, are beyond the scope of the release 

in Paragraphs 199, 200 and 201, and HOVENSA is not relieved from any obligation to evaluate 

any such increases in accordance with the Applicable NSRIPSD Requirements. 

205. Resolution of Liability Regarding Applicable NSPS Requirements. With respect 

to emissions of the following pollutants from the following units, entry of this Consent Decree 

shall resolve all civil liability of HOVENSA to the United States and the Virgin Islands for 

violations of the applicable NSPS Subparts listed below from the date that the Pre-Lodging 

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claims of the United States and the Virgin Islands accrued up to the specified Post-Lodging 

Compliance Date: 

Unit Applicable Pollutant Date 

Subpart ~ ~ 

FCCU AandJ SOz, CO, and Date of Lodging 

PM 

PM (opacity Date of AMP approval 

monitoring receipt (see Paragraph 22) 

requirements) 

FCCU Turboexpander Vents AandJ SOz,CO,PM Date of Lodging 

(opacity) 

All fuel gas combustion A, J and Ja, SOz Dates listed in Appendix C 

devices listed in Appendix C as ("NSPS Subpart J or Ja 

("NSPS Subpart J or Ja applicable Compliance Schedule for 

Compliance Schedule for Listed Fuel Gas Combustion 

Listed Fuel Gas Combustion Devices (Other than Flaring 

Devices (Other than Flaring Devices)") 

Devices)") 

Flaring Devices A, J, and Ja SOz Dates listed in Appendix D 

("List of Flaring Devices 

Subject to NSPS Subparts 

J/Ja") 

East Side SRP A, J and Ja SOz and TRS April1, 2015 

West Side SRP A, J and Ja S02 and TRS December 31, 2011 

Generating Turbines 1-8 AandGG NOxand SOz Five (5) years from Date of -~ 

Entry 

Generating Turbine 9 AandGG NOxand SOz Date of Entry 

Boilers 5, 8, and 9 AandD NOx, SOz, and July 31,2012 (or 12/31/2015 

PM for Boiler 5 if replaced) 

The FCCU and Coker Drain AandQQQ voc June 30, 2011 

Systems 

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206. Reservation of Rights Regarding Applicable NSPS Requirements: Release for 

Violations Continuing After the Date of Lodging Can Be Rendered Void. Notwithstanding the 

resolution of liability in Paragraph 205, the releases ofliability by the United States and the 

Virgin Islands to HOVENSA for violations ofthe applicable NSPS Subparts listed in 

Paragraph 205 shall be rendered void ifHOVENSA fails to comply with the obligations and 

requirements of Parts V (Affirmative Relief/Environmental Projects), VI (Permitting) and VIII 

(Additional Injunctive Relief) (relating to NSPS requirements); provided, however, that the 

releases in Paragraph 205 shall not be rendered void if HOVENSA remedies such failure and 

pays any stipulated penalties due as a result of such failure. 

207. Resolution of Liability for Coker Project. Entry of this Consent Decree shall 

resolve all civil and administrative liability, commencing with the beginning of construction of 

the Coker Project through completion ofthe injunctive relief required pursuant to 

Paragraphs 132 through 134, of HOVENSA to the United States and Virgin Islands for the 

following: 

a. EPA's November 22,2006 NOV, CAA-02-2007-1303, issued to 

HOVENSA for alleged violations arising under HOVENSA's Coker Operating Permit 

STX-557A-E-02, and HOVENSA's written notification dated January 9, 2008, to the Virgin 

Islands of calculated exceedances on January 2, 2008, of Coker Process Heater (B) of PM and 

VOC limits in the Coker Operating Permit; 

b. The findings of violation in Paragraphs 49 through 55 of EPA's 

September 18, 2007 NOV, CAA-02-2007-1313, issued to HOVENSA, and any other violations 

of the permitting regulations cited in Paragraphs 49 through 55 ofthe NOV with respect to the 

Coker Project; and 

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c. EPA's March 20,2007 Compliance Order, CAA-02-2007-1004, as 

amended on AprilS, 2007 by Compliance Order, CAA-02-2007-1004a, arising from 

HOVENSA's alleged failure to provide complete responses to EPA's December 21,2006 

Information Request Letter, issued pursuant to § 114 ofthe Clean Air Act. 

208. Resolution of Liability Regarding Benzene Waste NESHAP Requirements. Entry 

of this Consent Decree shall resolve all civil liability ofHOVENSA to the United States and the 

Virgin Islands for violations of the statutory and regulatory requirements set forth below in 

Subparagraphs a.- c. that (i) commenced and ceased prior to the Date of Lodging, or 

(ii) commenced prior to the Date of Lodging and continued past the Date of Lodging, provided 

that the events giving rise to such post-Lodging violations are identified by HOVENSA in its 

Initial Compliance Audit Report submitted pursuant to Paragraph 79 and corrected by 

HOVENSA as required under Paragraph 80. 

a. Benzene Waste NESHAP. The National Emission Standard for Benzene 

Waste Operations, 40 C.F.R. Part 61, Subpart FF, promulgated pursuant to Section 112(e) of the 

Act, 42 U.S.C. § 7412(e), including any federal regulation that adopts or incorporates the 

requirements of Subpart FF by express reference, but only to the extent of such adoption or 

incorporation; 

b. Any applicable, federally-enforceable permits or territorial regulations that 

implement, adopt, or incorporate the specific federal regulatory requirements identified in 

Subparagraph .a. 

c. Any applicable territorial regulations enforceable by the Virgin Islands 

that implement, adopt, or incorporate the specific federal regulatory requirements identified in 

Subparagraph a. 

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209. Resolution ofLiabilitv Regarding LDAR Requirements. Entry of this Consent 

Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands 

for violations of the statutory and regulatory requirements set forth below in Subparagraphs a - c. 

that (i) commenced and ceased prior to the Date of Lodging, or (ii) commenced prior to the Date 

ofLodging and continued past the Date of Lodging, provided that the events giving rise to such 

post-Lodging violations are identified by HOVENSA in its Initial Compliance Audit Report 

submitted pursuant to Subparagraph 1 06.a and corrected by HOVENSA as required under 

Paragraph 107: 

a. LDAR Requirements. For all equipment in light liquid and gas and/or 

vapor service, the LDAR requirements promulgated by EPA pursuant to Sections Ill and 112 of 

the Clean Air Act and codified at 40 C.P.R. Part 60, Subparts VV and GGG, 40 C.P.R. Part 61, 

Subparts J and V, and 40 C.P.R. Part 63, Subparts F, H, and CC; 

b. Any applicable, federally-enforceable permits or territorial regulations that 

implement, adopt, or incorporate the specific regulatory requirements identified in 

Subparagraph a; and 

c. Any applicable territorial regulations or permits enforceable by the Virgin 

Islands that implement, adopt, or incorporate the specific regulatory requirements identified in 

Subparagraph a. 

210. Reservation of Rights Regarding Benzene NESHAP and LDAR Requirements. 

Notwithstanding the resolution of liability in Paragraphs 208 and 209, nothing in this Consent 

Decree precludes the United States and/or the Virgin Islands from seeking from HOVENSA 

injunctive and/or other equitable relief or civil penalties for violations by HOVENSA of Benzene 

Waste NESHAP and/or LDAR requirements that (i) commenced prior to the Date of Lodging 

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and continued after the Date of Lodging ifHOVENSA fails to identifY and address such 

violations as required by Paragraphs 80 and 107, or (ii) commenced after the Date of Lodging. 

211. Audit Policy. Nothing in this Consent Decree is intended to limit or disqualifY 

HOVENSA, on the grounds that information was not discovered and supplied voluntarily, from 

seeking to apply EPA's Audit Policy to any violations or noncompliance that HOVENSA 

discovers during the course of any investigation, audit, or enhanced monitoring that HOVEN SA 

is required to undertake pursuant to this Consent Decree. 

212. Claim/Issue Preclusion. In any subsequent administrative or judicial proceeding 

initiated by the United States or the Virgin Islands for injunctive relief, penalties, or other 

appropriate relief relating to HOVENSA for violations of the PSD/NSR, NSPS, NESHAP, 

and/or LDAR requirements not identified in this Part: 

a. HOVENSA shall not assert, and may not maintain, in any subsequent 

administrative, civil, or criminal action commenced by the United States or the Virgin Islands 

any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue 

preclusion, or claim-splitting. Nor may HOVEN SA assert or maintain any other defenses based 

upon any contention that the claims raised by the United States or the Virgin Islands in the 

subsequent proceeding should have been brought in the instant case. Nothing in the preceding 

sentences is intended to affect the ability ofHOVENSA to assert that the claims are deemed 

resolved by virtue ofthis Part. 

b. Except as set forth in Subparagraph a, the United States and the Virgin 

Islands may not assert or maintain that this Consent Decree constitutes a waiver or determination 

of, or otherwise obviates, any claim or defense whatsoever, or that this Consent Decree 

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constitutes acceptance by HOVENSA of any interpretation or guidance issued by EPA related to 

the matters addressed in this Consent Decree. 

213. Imminent and Substantial Endangerment. Nothing in this Consent Decree shall 

be construed to limit the authority of the United States and the Virgin Islands to undertake any 

action against any person, including HOVENSA, to abate or correct conditions which may 

present an imminent and substantial endangerment to the public health, welfare, or the 

environment. 

XVIII. GENERAL PROVISIONS 

214. Other Laws. Except as specifically provided by this Consent Decree, nothing in 

this Consent Decree shall relieve HOVENSA of its obligations to comply with all otherwise 

applicable federal and territorial laws and regulations, including, but not limited to, more 

stringent standards. In addition, nothing in this Consent Decree shall be construed to prohibit or 

prevent the United States or the Virgin Islands from developing, implementing, and enforcing 

more stringent standards subsequent to the Date of Lodging through rulemaking, the permit 

process, or as otherwise authorized or required under federal or territorial laws and regulations. 

Subject to Part XVII (Effect of Settlement) and Paragraphs 149 and 216, nothing contained in 

this Consent Decree shall be construed to prevent or limit any power of the United States to seek 

or obtain other remedies or sanctions available under federal or territorial statutes or regulations 

by virtue ofHOVENSA's violation of this Consent Decree or ofthe statutes and regulations 

upon which this Consent Decree is based, or for HOVENSA's violations of any applicable 

provision of law. This shall include the right of the United States or the Virgin Islands to invoke 

the authority of the Court to order HOVENSA's compliance with this Consent Decree in a 

subsequent contempt action. The requirements of this Consent Decree do not exempt 

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HOVENSA from complying with any and all new or modified federal and/or territorial statutory 

or regulatory requirements that may require technology, equipment, monitoring, or other 

upgrades after the Date of Lodging. 

215. Startup. Shutdown. Malfunction. Notwithstanding the provisions in this Consent 

Decree regarding Startup, Shutdown, and Malfunction, the Decree does not exempt HOVENSA 

from the requirements ofterritoriallaws and regulations or from the requirements of any permits 

or plan approvals issued to HOVENSA as such laws, regulations, permits, and/or plan approvals(. 

may apply to Startups, Shutdowns, and Malfunctions at the Refinery. 

216. Post-Permit Violations. Nothing in this Consent Decree shall be construed to 

prevent or limit the right of the United States or the Virgin Islands to seek injunctive or monetary 

relief for violations of limits that have been incorporated into permits pursuant to this Consent . \ 

Decree; provided, however, that with respect to monetary relief, the United States and the Virgin 

Islands must elect between filing a new action for such monetary relief or seeking stipulated 

penalties under this Consent Decree, if stipulated penalties also are available for the alleged 

violation(s). 

217. Failure of Compliance. The United States and the Virgin Islands do not, by their 

consent to the entry of this Consent Decree, warrant or aver in any manner that HOVENSA's 

complete compliance with the terms ofthe Decree will result in compliance with the provisions 

of the CAA or comparable territorial statutes and regulations Notwithstanding the review or 

approval by EPA or VIDPNR of any plans, reports, policies, or procedures formulated pursuant 

to this Consent Decree, HOVENSA shall remain solely responsible for compliance with the 

terms of this Consent Decree, all applicable permits, and all applicable federal and territorial 

laws and regulations, except as provided in Part XV (Force Majeure). 

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218. Changes to Law. In the event that during the life ofthis Consent Decree there is 

change in the statutes or regulations that provide the underlying basis for the Consent Decree 

such that HOVENSA would not otherwise be required to perform any of the obligations herein 

or would have the option to undertake or demonstrate compliance in an alternative or different 

manner, HOVENSA may petition the Court for relief from any such requirements, in accordance 

with Rule 60 ofthe Federal Rules of Civil Procedures ("F.R.Civ.P."). However, ifHOVENSA 

applies to the Court for relief under this Paragraph, the United States reserves the right to seek to 

void all or part of the Resolution of Liability reflected in Part XVII (Effect of Settlement). 

Nothing in this Paragraph is intended to enlarge the Parties' rights under F.R.Civ.P. Rule 60, nor 

is this Paragraph intended to confer on any Party any independent basis, outside ofF.R.Civ.P. 

Rule 60, for seeking such relief. 

219. Alternative Monitoring Plans. Pursuant to Paragraphs 22 or 35 of this Consent 

Decree, HOVENSA may submit an AMP to EPA for approval. HOVENSA shall comply with 

the proposed AMP pending EPA's approval or disapproval of the submitted AMP. If an AMP is 

not approved, then within ninety (90) Days ofHOVENSA's receipt of disapproval, HOVENSA 

will submit to EPA for approval a plan and schedule that provide for compliance with the 

applicable monitoring requirements as soon as practicable. Such plan may include a revised 

AMP application, physical or operational changes to the equipment, or additional or different 

monitoring. 

220. Service ofProcess. HOVENSA hereby agrees to accept service of process by 

mail with respect to all matters arising under or relating to this Consent Decree and to waive the 

formal service requirements set forth in Rule 4 ofthe F.R.Civ.P. and any applicable local rules of 

this Court, including, but not limited to, service of a summons. The persons identified by 

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HOVENSA in Paragraph 225 (Notice) are authorized to accept service of process with respect to 

all matters arising under or relating to this Consent Decree. 

221. Post-Lodging. Pre-Entry Obligations. Obligations of HOVEN SA under this 

Consent Decree to perform duties after the Date of Lodging but prior to the Date of Entry shall 

be legally enforceable only on or after the Date of Entry. Liability for stipulated penalties, if 

applicable, shall accrue for violations of such obligations, and the United States or the Virgin 

Islands may demand payment as provided in the Decree, provided that stipulated penalties 

accruing between the Date of Lodging and the Date of Entry may not be collected unless and 

until this Decree is entered by the Court. 

222. Costs. Each Party to this action shall bear its own costs and attorneys' fees. 

223. Public Documents. All information and documents submitted by HOVENSA 

pursuant to this Consent Decree shall be subject to public inspection in accordance with 

applicable federal law, unless subject to legal privileges or protection, or identified and 

supported as trade secrets or confidential business information in accordance with the applicable 

federal statutes or regulations. 

224. Public Notice and Comment. The Parties agree to this Consent Decree and agree 

that this Consent Decree may be entered upon compliance with the public notice procedures set 

forth at 28 C.F.R. § 50.7, and upon notice to the Court from the United States Department of 

Justice requesting entry ofthis Consent Decree. The United States reserves the right to withdraw 

or withhold its consent to this Consent Decree at any time prior to the Date of Entry if public 

comments disclose facts or considerations indicating that this Consent Decree is inappropriate, 

improper, or inadequate. 

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225. Notice. Unless otherwise provided herein, notifications to or communications 

between the Parties shall be deemed submitted on the date they are postmarked and sent by U.S. 

Mail or overnight mail, postage prepaid, except for notices under Part XV (Force Majeure) and 

Part XVI (Retention of Jurisdiction/Dispute Resolution), which shall be sent by overnight mail or 

by certified or registered mail, return receipt requested. Notifications to or communications 

mailed to HOVENSA shall be deemed to be received on the earlier of(i) actual receipt by 

HOVENSA or (ii) receipt of an electronic version sent to the addressees set forth in this 

Paragraph. Each report, study, notification, or other communication ofHOVENSA shall be 

submitted as specified in this Consent Decree. If the date for submission of a report, study, 

notification, or other communication falls on a Saturday, Sunday, or federal or territorial holiday, 

the report, study, notification, or other communication will be deemed timely if it is submitted 

the next Working Day. Except as otherwise provided herein, all reports, notifications, 

certifications, or other communications required or allowed under this Consent Decree shall be 

addressed as follows: 

As to the United States: 

Chief 

Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, DC 20044-7611 

Reference Case No. 90-5-2-1-08229/1 

Director 

Air Enforcement Division 

Office of Civil Enforcement (2242A) 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave., N.W. 

Washington, D.C. 20004 

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with a hard copy to: 

Director 

Air Enforcement Division 

Office of Civil Enforcement 

c/o Matrix New World Engineering, Inc. 

120 Eagle Rock Ave., Suite 207 

East Hannover, NJ 07936-3159 

As to EPA Region 2: 

Director, Division of Enforcement and Compliance Assistance 

U.S. EPA Region 2 

290 Broadway, 21st Floor 

New York, NY 10007-1866 

Director, Caribbean Environmental Protection Division 

U.S. EPA Region 2 

Centro Europa Building, Suite 417 

1492 Ponce De Leon A venue 

Santurce, Puerto Rico 00907-4127 

As to the United States Virgin Islands: 

Director, Division of Environmental Protection 

Virgin Islands Department of Planning and Natural Resources 

45 Mars Hill 

Fredricksted, St. Croix, U.S. Virgin Islands 0084-4474 

and an electronic copy, in .pdf format, to: 

csullivan@matrixneworld.com 

foley.patrick@epa.gov 

As to HOVENSA: 

HOVENSA L.L.C. 

c/o Environmental Director 

One Estate Hope 

Christiansted, USVI 00820 

and an electronic copy, in .pdf format, to: 

ccolman@hess.com 

Jdomike@wallaceking.com 

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Any Party may change either the notice recipient or the address for providing notices to it 

by serving the other Party with a notice setting forth such new notice recipient or address. In 

addition, the nature and frequency of reports required by this Consent Decree may be modified 

by mutual consent of the Parties. The consent of the United States to such modification must be 

in the form of a written notification from EPA, but need not be filed with the Court to be 

effective. 

226. Approvals. All EPA approvals or comments required under this Consent Decree 

shall be in writing. 

227. Paperwork Reduction Act. The information required to be maintained or 

submitted pursuant to this Consent Decree is not subject to the Paperwork Reduction Act of 

1980, 44 U.S.C. § 3501 et seq. 

228. Modification. This Consent Decree contains the entire agreement of the Parties 

and will not be modified by any prior oral or written agreement, representation, or 

understanding. Prior drafts of this Consent Decree will not be used in any action involving the 

interpretation or enforcement ofttle Consent Decree. Non-material modifications to this Consent 

Decree will be effective when signed by the United States and HOVENSA. The United States 

will file non-material modifications with the Court on a periodic basis. For purposes of this 

Paragraph, non-material modifications include, but are not limited to, modifications to the 

frequency of reporting obligations and modifications to schedules that do not extend the date for 

compliance with emissions limitations following the installation of control equipment, provided 

that such changes are agreed upon in writing between the United States and HOVENSA. 

Material modifications to this Consent Decree will be in writing, signed by the Parties, and will 

be effective upon approval by the Court. Specific provisions in this Consent Decree that govern 

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specific types of modifications shall be effective as set forth in the specific provision governing 

the modification. 

229. Effect of Shutdown. The permanent Shutdown of an emissions unit or equipment 

and the surrender of all permits for that emissions unit or equipment shall be deemed to satisfy 

all requirements of this Consent Decree applicable to that emissions unit or equipment on and 

after the later of: (i) the date of the Shutdown of the emissions unit or equipment; or (ii) the date 

of the surrender of all permits applicable to the unit or piece of equipment. The permanent 

Shutdown of the Refinery and the surrender of all air permits for the Refinery shall be deemed to 

satisfy all requirements of this Consent Decree applicable to the Refinery on and after the later 

of: (i) the date ofthe Shutdown ofthe Refinery; or (ii) the date ofthe surrender of all air permits. 

XIX. TERMINATION 

230. Certification of Completion: Applicable Sections. Prior to moving for 

termination under Paragraph 234, HOVENSA may seek to certify completion of one or more of 

the following Sections/Parts ofthe Consent Decree. 

a. Sections V .A through V .E - Fluid Catalytic Cracking Unit (including 

operation of the unit for one (1) year after completion in compliance with the emission limits 

established pursuant to this Consent Decree); 

b. Section V .F - NOx Emissions Reductions from Heaters, Boilers, 

Generating Turbines and Compressor Engines (including operation of the relevant units for one 

(1) year after installation of Qualifying Controls in compliance with the Consent Decree); 

c. Section V.G- S~ Emissions Reductions from, and NSPS Applicability to 

Heaters, Boilers and Generating Turbines (including operation of the relevant units for one (1) 

year after completion in compliance with the emission limit set pursuant to the Consent Decree); 

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d. Section V.H- Sulfur in Fuel Restrictions for Oil Burning (including 

operation ofthe relevant units for one (1) year after completion in compliance with the emission 

limit set pursuant to the Consent Decree); 

e. Section V.l- Sulfur Recovery Plants (including operation ofthe relevant 

units for one (I) year after completion in compliance with the emission limit set pursuant to the 

Consent Decree); 

f. Sections V .J through V .0 - Flares; (including operation of the relevant 

units for one (1) year after completion in compliance with the emission limit set pursuant to the 

Consent Decree); 

g. Sections V.P through V.R- Benzene, NSPS QQQ, and LDAR; 

h. Part VIII- Additional Injunctive Relief (including operation of the 

relevant units for one (1) year after completion in compliance with the emission limit set 

pursuant to the Consent Decree); and 

i. Part IX- Territorial Supplemental Environmental Project. 

231. Certification ofCompletion: HOVENSA Actions. IfHOVENSA concludes that 

any of the Section(s) or Part(s) identified in Paragraph 230 have been completed, HOVENSA 

may submit a written report to EPA and VIDPNR describing the activities undertaken and 

certifying that the applicable Section(s) or Part(s) have been completed in full satisfaction of the 

requirements of this Consent Decree, and that HOVENSA is in substantial and material 

compliance with all of the other requirements of the Consent Decree. The report will contain the 

following statement, signed by a responsible corporate official ofHOVENSA. 

"I certify under penalty of law that this information was prepared under my 

direction or supervision by personnel qualified to properly gather and evaluate the 

information submitted. Based on my directions and after reasonable inquiry of 

the person(s) directly responsible for gathering the information, the information 

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submitted is, to the best of my knowledge and belief, true, accurate and 

complete." 

232. Certification of Completion: EPA Actions. Upon receipt ofHOVENSA's 

certification, EPA will notify HOVENSA whether the requirements set forth in the applicable 

Section have been completed in accordance with this Consent Decree: 

a. If EPA concludes that the requirements have not been fully complied with, 

EPA will notify HOVENSA as to the activities that must be undertaken to complete the 

applicable Section. HOVENSA will perform all activities described in the notice, subject to its 

right to invoke the dispute resolution procedures set forth in Part XVI (Dispute Resolution); 

and/or 

b. If EPA concludes that the requirements ofthe applicable Section or Part 

have been completed in accordance with this Consent Decree, EPA will so certify in writing to 

HOVENSA. This certification will constitute the certification of completion ofthe applicable 

Section or Part for purposes of this Consent Decree. 

The parties recognize that ongoing obligations under such Sections remain and necessarily 

continue (e.g., reporting, recordkeeping, training, auditing requirements), and that HOVENSA's 

certification is that it is in current compliance with all such obligations. 

233. Certification of Completion: No Impediment to Stipulated Penalty Demand. 

Nothing in Paragraphs 230 and 231 will preclude the United States from seeking stipulated 

penalties for a violation of any ofthe requirements of the Consent Decree regardless of whether a 

Certification of Completion has been issued under Subparagraph 232.b. In addition, nothing in 

this Paragraph will permit HOVENSA to fail to implement any ongoing obligations under the 

Consent Decree regardless of whether a Certification of Completion has been issued. 

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234. Termination: Conditions Precedent. This Consent Decree will be subject to 

termination upon motion by the Parties or upon motion by HOVENSA acting alone under the 

conditions identified in this Paragraph. Prior to seeking termination, HOVENSA must have 

completed and satisfied all of the following requirements of this Consent Decree: 

a. Installation of control technology systems as specified in this Consent 

Decree; 

b. Compliance with all provisions contained in this Consent Decree; such 

compliance may be established for specific parts of the Consent Decree in accordance with 

Paragraphs 230 and 231; 

c. Payment of all penalties and other monetary obligations due under the 

terms of the Consent Decree; unless all penalties and/or other monetary obligations owed to the 

United States or the Virgin Islands are fully paid as of the time of the motion; 

d. Satisfaction of Part IX (Territorial Supplemental Environmental Project); 

e. Application for and receipt of permits incorporating the emission limits 

and standards established under this Consent Decree; and 

f. Operation for at least one (I) year of each unit in compliance with the 

emission limits established herein and certification of such compliance for each unit within the 

first progress report following the conclusion ofthe compliance period. 

235. Termination: Procedure. At such time as HOVENSA believes that it has satisfied 

the requirements for termination set forth in Paragraph 234, HOVENSA will certify such 

compliance and completion to the United States and the Virgin Islands in accordance with the 

certification language of Paragraph 231. Unless either the United States or the Virgin Islands 

objects in writing with specific reasons within 120 days of receipt ofHOVENSA's certification 

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under this Paragraph, the Court may upon motion by HOVENSA order that this Consent Decree 

be terminated. If either the United States or the Virgin Islands objects to the certification by 

HOVENSA, then the matter will be submitted to the Court for resolution under Part XVI 

(Retention of Jurisdiction/Dispute Resolution). In such case, HOVENSA will bear the burden of 

proving that this Consent Decree should be terminated 

XX. SIGNATORIES 

236. Each of the undersigned representatives certifies that he or she is fully authorized 

to enter into this Consent Decree on behalf of the applicable Party, and to execute and to bind 

such Party to this Consent Decree. 

Dated and entered this ______ day of ______ __, 20 . 

VIRGIN ISLANDS DISTRICT JUDGE 

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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United 

States, et al. v. HOVENSA L.L.C. 

Date: 

Date: //1 1 I I/ --7~--~~----------

FOR PLAINTIFF THE UNITED STATES OF 

AMERICA: 

~-~ i ACIAs.MO No;;> 

Assistant Attorney General 

Environment and Natural Resources Division 

United States Department of Justice 

Trial Attorney 

Environmental Enforcement Section 

Environment and Natural Resources Division 

United States Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, D.C. 20044-7611 

(202) 307-1859 

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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United 

States, et al. v. HOVENSA L.L.C. 

FOR PLAINTIFF THE UNITED STATES OF 

AMERICA: 

RONALD W. SHARPE 

United States Attorney 

United States Virgin Islands 

JOYCEL YN HEWLETT 

Assistant United States Attorney 

United States Virgin Islands 

- 151 -
Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 156 of 159 

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of 

United States, et al. v. HOVENSA L.L.C. 

Date: I I 

Date: :]:'.., i /'] 1 ;;?.:. t I 

Date: I /;/u 

I I 

Date: ·1/~>/t t 

FOR PLAINTIFF THE UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY: 

CYN 

Assist A ministrator 

Office of nforcement and Compliance Assurance 

United States Environmental Protection Agency 

Washington, D.C. 20460 

Director, Office of Civil Enforcement 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

Washington, D.C. 20460 

JO 

As · te Director, Office of Civil Enforcement 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

Washington, D.C. 20460 

tor, Air Enforcemerr IVISIOn 

Office of Civil Enforcement 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

Washington, D.C. 20460 

- 151 -
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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United 

States, et al. v. HOVENSA L.L.C. 

Date: --1-l +-~~=-f-~-'-l I __ _ I I 

FOR PLAINTIFF THE UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY, 

REGION2: 

Regional Administrator 

United States Environmental Protection Agency 

Region 2 

290 Broadway 

New York, New York 10007-1866 

J;;w.-f~~ J0\RA MURPHY 

Assistant Regional Counsel 

United States Environmental Protection Agency 

Region 2 

290 Broadway 

New York, New York 10007-1866 

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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United 

States. et al v. HOVENSA L.L.C. 

Date: 

FOR PLAINTIFF THE UNITED STATES 

VIRGIN ISLANDS: 

1 - t 'f--Z..OI/ ~ :'::::::--..... 

Acting Commissioner 

Government of the US Virgin Islands 

Department of Planning & Natural Resources 

Cyril E. King Airport, 

Terminal Building, 2nd floor 

St. Thomas, US Virgin Islands 00802 

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Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 159 of 159 

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United 

States. et al v. HOVENSA L.L.C. 

FOR DEFENDANT HOVENSA L.L.C.: 

Date: 04-)~ I\ 

ating Officer 

155 
Source Code H-101 H-104 H-160 H-200 H-201 H-202 H-401A H-600 H-603 H-1401A H-2102 H-2185 l!l:2201A H-2202 H-2401 H-2501 H-3101A H-3101B 

APPENDIX A 

List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines, and Compressor Engines 

UDit UaitSize 2004 %005 Emissi.oas FadOI' 

(IIIIIIBtallu-) (lbiiiiiiiBta) (toaslyr) (toaslw) Basis Time Per

1 Vis. 133.6 0.224 81.2 0.224 f:/.6 Stack: Test 3byl-br 1 Vis. 99.4 0.179 483 0..179 52.1 Stack: Test 3 by 1-br 

UtlFnct. 112.5 0.215 37.0 0.215 71.9 AP-42 Thll.4-1 

Peue& 41.1 0.191 20.2 0.191 14.7 Stack Test 3 by 1-hr Peoex 42.6 0.150 16.4 0.150 11.9 Stack Test 3by 1-hr Peoex 68.4 0.098. 17.2 0.098 12.5 AP-42 Thl1.4-1 

2CDU 150.7 0.196 109.8 0.196 90.6 Stack: Test 3 by 1-hr 

2CDU 150.7 0.170 95.2 0.170 78.6 Stack: Test 3by1-br 

2CDU 150.7 0349 195.7 0334 154.4 AP-42 Thls 13-111.4-1 * 

2Plat. 48.1 0.098 8.1 0.098 53 AP-42 Thll.4-1 

2Plat. 261.9 0.185 83.5 0..18:5 54.7 

2Plat 72.0 0.185 23.0 0.185 15.0 Stack Test 3by 1-hr 2Plat 49.2 0.098 83 0.098 5.4 AP-42 Thl 1.4-1 

2DD 79.0 0.095 19.4 0.095 15:6 Stack Test 3 by 1-hr 

3CDU 208.6 0.144 116.7 0.144 86.9 Stack Test 3 by 1-br 

1 Vac.. 188.2 0.178 130.1 0.178 96.9 Stack: Test 3 by 1-hr 

3DD 50.8 0.098 113 0.098 8.8 AP-42 Thll.4-1 

3DD 53.:5 0.098 11.9 0.098 9.2 AP-42 Thll.4-1 

2Vac. 190.6 0328. 157.1 0319 1163 AP-42 Thls 13-111.4-1 * 

2Vac.. 184.6 0328 152.2 0.319 112.6 AP-42 Thls 13-1/1.4-1 * 

2Vis. 250 0.162 71.9 0.162 71.7 CEM Amwal 

4DD 46.8 0.098 12.9 0.098 103 AP-42 Thll.4-1 

4DD 46.8 0.098 12.9 0.098 103 AP-42 Thl 1.4-1 

4DD 91 0.133 34.0 0.133 213 Stack Test 3 by 1-hr 

:5DD 100.8 0.275 45.9 0.275 49.0 AP-42 Thll.4-1 

INaphFiac 113.6 0.085 2H 0.085 23.0 Stack Test 3 by 1-hr 

5CDU 309.8 0314 304.0 0314 290.5 Stack Test 3 by 1-hr 5CDU 309.8 0.223 21U 0.223 2063 Stack Test 3 byl-br 

* Deuotes a combiued fuel fired UDit where the emissions :fiu:tar shown is based au. the ratio of the filel specific AP-4hveigbt avenged 

upon the UDits ammal beat iupul: 

A -1 

:",._: ;:-
Sourer Cock IH-4101A H-41018 H-4201* H-4202* H-4301A H-4302 H-4401 H-4402 H-4451 H-4452 1{-4453 H-4454 H-4455 H-4502 H-4503 H-4504 H-4505 H-4601A H-46018 H-4602 H-5301A H-53018 H-5302 H-5401 H-5402 H-5451 H-5452_. __ 

APPENDIX A 

List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines, and Compressor Engines 

UDit UmtSize 20M 2005 Emissioas Jactol' 

(llllliBnllllr) (lbJIIIIIIBtu) (toaslyr) (lblmmBhl) (tmasryT) Basis Time Per

6CDU 3092 0265 3073 0.265 253.7 Stack Test 3 by 1-br 

6CDU 3092 0304 3525 0.304 291.0 Stack Test 3 by 1-br 

3Vac. 227.6 0.411 2643 0392 240.4 AP-42 Tbls 1.3-111.4-1 * 3Vac. 220.4 0.411 255.9 0392 2328 AP-42 TbJs 13-111.4-1 * 

7DD 47.9 0.098 125 0.098 10.9 AP-42 Tbl 1.4-1 7DD 51.1 0.098 133 0.098 1L6 AP-42 Tbl 1.4-1 7DD 1352 0.105 37.7 0.105 32.9 Stack Test 3 by 1-br 

3PJat 127.3 0.130 48.6 0.130 43.3 Stack Test 3 by 1-br 

3 Plat. 77.9 0.098 22.4 0.098 20.0 AP-42Tbl 1.4-1 3 Plat. 351.6 0.154 158.9 0.154 14L6 3Plat 2512 0.154 113.5 0.154 101.2 Stack Test 3 by 1-br 3Plat 115.6 0.154 522 0.154 46.6 3Plat 633 0.154 28.6 0.154 25.5 3Plat 124 0.091 33.1 0.091 29.5 Stack Test 3 by 1-br 

2Sulf. 77.5 0.098 23.6 0.098 21.5 AP-42 Tbl 1.4-1 

2 Su1f. 903 0.098. 27.5 0.098 25.0 AP-42 Tbl 1.4-1 

2 Su1f. 70.4 0.098 21.4 0.098 19.5 AP-42 Tbl 1.4-1 

2Sulf. 43.8 0.098 133 0.098 12.1 AP-42. Tbl 1.4-1 

6DD 52.1 0.098 125 11.2 AP-42 Tbll.4-1 

6DD 52.1 0.098 125 0.098 11.2 AP-42 Tbll.4-1 

6DD 1013 0.108 26:8 0.108 24.1 Stack Test 3 by 1-br 

9DD 612 0.098 17.8 0.098 15.5 AP-42 Tbll.4-1 

9DD 612 0.098 17.8 0.098 15.5 AP-42 Tbll.4-1 9DD 112 0.148 493 0.148 42.9 Stack Test 3 by 1-br 

4Plat 114.1 0.123 35.9 0.123 26.6 Stack Test 3by 1-br 

4Plat 78.8 0.098 0.098 14.6 AP-42 Tbl 1.4-1 4Plat 248 0.147 93.4 0.147 69.1 Stack Test 3 by 1-br 

201.7 -

--

0.147 15.9 0.147 56.2 Stack Test 3 by 1-br 

* Deootes a combined fuel filed UDit where the emissions fiLcl:m shown is based on 1he ratio of the fiJel specific AP-42 weight avenged 

upon the UDi1s ammal beat ioput 

A-2 

:
v 

APPENDIX A 

List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines, and Compressor Engines 

Source Code UDit UDit She 100-1 2005 Emissi.oas Fador 

(DIIIIBhallar} (llllmmBtll) (toastyr) (lblmmBtll) (toaslw) Basis Time Per

H:-5453 4 Plat 114.4 0.147 43.1 0.147 319 Stack Test 3 by 1-br H-5454 4 Plat 64.7 0.147 24.4 0.147 18.0 Stack Test 3 by 1-br 

H-5455 4PJat 1292 0.121 40.0 O.U1 29.6 StackTest 3 by 1-br 

H-8501A Coker 195 0.019 15.9 0.019 14.0 Stack Test 3 by 1-br 

H-85018 Coker 195 0.018 15.1 0.018 133 Stack Test 3 by 1-br 

B-1151 #1 F. Boiler 205.4 0261 108.9 0261 114:6 Stack Test 3 by 1-br B-1153 #lF. Boiler 205.4 0245 1182 0245 98.4 Stack Test 3 by 1-br B-1154 #4 F. Boiler 202.7 0247 98.9 0241 97.6 Stack Test 3 by 1-br 

B-1155 #5F.Boiler 405.4 0312 352.5 0336 251.6 AP-42Tbls 13-111.4-1* 

B-3301 #6F.Boiler 202.7 0316 142.9 0316 1523 Stack Test 3 by 1-br B-3302 #7F.Boiler 202.7 0299 134.0 0.299 134.6 Stack Test 3 by 1-br B-3303 #SF. Boiler 405.4 0227 2173 0.227 214..5 Stack Test 3 by 1-br B-3304 119 F. Boiler 405.4 0.251 2482 0.251 237.1 Stack Test 3 by 1-br 

J!-3701 #10 F. Boilel 225 0.061 34.0 0.061 333 Stack Test 3by 1-br 

No.1 Gas Tmbiue 317.4 0.439 2.89.6 0.439 3032 Stack Test 3 by 1-br 

No2 Gas Tmbiue 317.4 0.313 278.8 0383 258..5 Stadt Test 3 by 1-br 

No3 Gas Tmbiue 317.4 0399 344.7 0.399 312.7 Stadt Test 3 by 1-br No.4 Gas Tmbiue 317.4 0..518 644.6 0..518 5562 Stack Test 3 by 1-br 

Gas TmlliDe 317.4 0.522 562.7 0.522 542.1 Stack Test 3 by 1-br Gas Tmbioe 317.4 0.623 671.6 0.623 6162 Stack Test 3 by 1-br 

317.4 0.666 1523 0.666 768.7 StackTest 3byl-br 

Gas Tmbioe 394.8 0.625 6322 0.625 5942 Stack Test 3 by 1-br Gas Tmbioe 394.8 0.085 80.4 0.085 83.7 Stack Test 3 by 1-br 

Gas Tmbioe 325.0 0.101 133.1 0.101 121.6 Stack Test 3 by 1-br 

!IDD C-SOOA 21.:5 3.45 191..5 3.45 154..5 Stack Test 3 by 1-br 

2DD C-SOOB 215 3.45 191..5 3.45 154..5 Stack Test 3 by 1-br 2DD C-800C 21.5 3.45 191.5 3.45 154..5 Stack Test 3 by 1-br 

IIDD C-2201A 21.4 3.45 2012 3.45 166..5 Stack Test 3 by 1-br 

• DeDotes a c:ombined fuel fired UDit where the emissions :fi.ctor shown is based ao.tbe ratio of the fuel specific AP-42 weight avenged 

upon the tmits ammaJ. beat Dlpot 

A-3 

· ... ,:.· .;:• ... : 
-/ 

Source Code 

APPENDIX A 

List of Heaters and Boilers Greater Than 40 mmBTU Per Hour, 

Generating Turbines, and Compressor Engines 

UJdt UJdtSize 2004 2005 Emissi.oasFactor 

(IIIIIIBhllh) (lhiiiiiiiBtu) (toastyr) (lblmmBttl) (tcms/JT) Basis Time Per

e-22om 21.4 3.45 2012 3.45 166.5 Stack Test ]by 1-hr 

C-2201C 21.4 3.45 2072 3.45 166.5 Stack Test 3 by 1-hr 

• Deootes a combiDedfuel fiied 1lllit wbere the emissioos &ctorshown is based on the :ratio of the :fuel specificAP42weigbt avenged 

based upon the 1lllds IDD1llll heat iDput 

• Deootes a combined fuel fil:ed UDit where the emissions factor shown is based an the ratio oftbe fuel specific AP42 weight aven.ged 

upon the 1111its ammal beat iDput 

A-4 

. ;: .·- ::: :; ;
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 5 of 21 

APPENDIXB 

Predictive Emissions Monitoring Systems Requirements 

A Predictive Emissions Monitoring Systems ("PEMS") is a mathematical model that predicts the 

gas concentration ofNOx in the stack based on a set of operating data. Consistent with the 

CEMS data frequency requirements of 40 C.F .R. Part 60, the PEMS shall calculate a pound per 

million BTU value at least once every 15 minutes, and all of the data produced in a calendar hour 

shall be averaged to produce a calendar hourly average value in pounds per BTU. 

The types of information needed for a PEMS are described below. The list of instruments and 

data sources shown below represent an ideal case. However, at a minimum, each PEMS shall 

include continuous monitoring for at least items 3-5 below. HOVENSA will identify and use 

existing instruments and refinery data sources to provide sufficient data for the development and 

implementation of the PEMS. 

Instrumentation: 

1. Absolute Humidity reading (one instrument per refinery, if available) 

2. Fuel Density, Composition and/or specific gravity -On line readings (it may be possible 

if the fuel gas does not vary widely, that a grab sample and analysis may be substituted 

3. Fuel Flow rate 

4. Firebox temperature 

5. Percent excess oxygen 

6. Airflow to the firebox (if known or possibly estimated) 

7. Process variable data- steam flow rate, temperature and pressure- process stream flow 

rate, temperature and pressure, etc 

Computers & Software: 

Relevant data will be collected and stored electronically, using computers and software. The 

hardware and software specifications will be specified in the source-specific PEMS. 

Calibration and Setup: 

1. Data will be collected for a period of 7 to 10 days of all the data that is to be used to 

construct the mathematical model. The data will be collected over an operating range 

that represents 80% to 100% of the normal operating range of the heater/boiler; 

2. A "Validation" analysis shall be conducted to make sure the system is collecting data 

properly; 

3. Stack Testing to develop the actual emissions data for comparison to the collected 

parameter data; and 

4. Development ofthe mathematical models and installation of the model into the computer. 

B- 1 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 6 of 21 

APPENDIXB 

Predictive Emissions Monitoring Systems Requirements 

The elements of a monitoring protocol for a PEMS will include: 

1. Applicability 

a. Identify source name, location, and emission unit number(s); 

b. Provide expected dates of monitor compliance demonstration testing. 

2. Source Description 

a. Provide a simplified block flow diagram with parameter monitoring points and 

emission sampling points identified (e.g., sampling ports in the stack); 

b. Provide a discussion of process or equipment operations that are known to 

significantly affect emissions or monitoring procedures (e.g., batch operations, 

plant schedules, product changes). 

3. Control Equipment Description 

a. Provide a simplified block flow diagram with parameter monitoring points and 

emission sampling points identified (e.g., sampling ports in the stack); 

b. List monitored operating parameters and normal operating ranges; 

c. Provide a discussion of operating procedures that are known to significantly affect 

emissions (e.g., catalytic bed replacement schedules). 

4. Monitoring System Design 

a. Install, calibrate, operate, and maintain a continuous PEMS; 

b. Provide a general description of the software and hardware components of the 

PEMS, including manufacturer, type of computer, name(s) of software product(s), 

monitoring technique (e.g., method of emission correlation). Manufacturer 

literature and other similar information shall also be submitted, as appropriate; 

c. List all elements used in the PEMS to be measured (e.g., pollutant(s), other 

exhaust constituent(s) such as 0 2 for correction purposes, process parameter(s), 

and/or emission control device parameter(s)); 

d. List all measurement or sampling locations (e.g., vent or stack location, process 

parameter measurement location, fuel sampling location, work stations); 

e. Provide a simplified block flow diagram of the monitoring system overlaying 

process or control device diagram (could be included in Source Description and 

Control Equipment Description); 

f. Provide a description of sensors and analytical devices (e.g., thermocouple for 

temperature, pressure diaphragm for flow rate); 

g. Provide a description of the data acquisition and handling system operation 

including sample calculations (e.g., parameters to be recorded, frequency of 

measurement, data averaging time, reporting units, recording process); 

h. Provide checklists, data sheets, and report format as necessary for compliance 

determination (e.g., forms for record keeping). 

B-2 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 7 of 21 

APPENDIXB 

Predictive Emissions Monitoring Systems Requirements 

5. Support Testing and Data for Protocol Design 

a. Provide a description of field and/or laboratory testing conducted in developing 

the correlation (e.g., measurement interference check, parameter/emission 

correlation test plan, instrument range calibrations); 

b. Provide graphs showing the correlation, and supporting data (e.g., correlation test 

results, predicted versus measured plots, sensitivity plots, computer modeling 

development data). 

6. Initial Verification Test Procedures 

a. Perform an initial relative accuracy test (RA test) to verify the performance of the 

PEMS for the equipments operating range. The PEMS must meet the relative 

accuracy requirement of the applicable Performance Specification in 40 C.F.R. 

Part 60, Appendix B. The test shall utilize the test methods of 40 C.F.R. Part 60, 

Appendix A; 

b. Identify the most significant independently modifiable parameter affecting the 

emissions. Within the limits of safe unit operation, and typical ofthe anticipated 

range of operation, test the selected parameter for three RA test data sets at the 

low range, three at the normal operating range and three at the high operating 

range of that parameter, for a total of nine RA test data sets. Each RA test data set 

should be between 21 and 60 minutes in duration; 

c. Maintain a log or sampling report for each required stack test listing the emission 

rate; 

d. Demonstrate the ability of the PEMS to detect excessive sensor failure modes that 

would adversely affect PEMS emission determination. These failure modes 

include gross sensor failure or sensor drift; 

e. Demonstrate the ability to detect sensor failures that would cause the PEMS 

emissions determination to drift significantly from the original PEMS value; 

f. The PEMS may use calculated sensor values based upon the mathematical 

relationships established with the other sensors used in the PEMS. Establish and 

demonstrate the number and combination of calculated sensor values which 

would cause PEMS emission determination to drift significantly from the original 

PEMS value. 

7. Quality Assurance Plan 

a. Provide a list of the input parameters to the PEMS (e.g., transducers, sensors, gas 

chromatograph, periodic laboratory analysis), and a description of the sensor 

validation procedure (e.g., manual or automatic check); 

b. Provide a description of routine control checks to be performed during operating 

periods (e.g., preventive maintenance schedule, daily manual or automatic sensor 

drift determinations, periodic instrument calibrations); 

c. Provide minimum data availability requirements and procedures for supplying 

missing data (including specifications for equipment outages for QAIQC checks); 

B- 3 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 8 of 21 

APPENDIXB 

Predictive Emissions Monitoring Systems Requirements 

d. List corrective action triggers (e.g., response time deterioration limit on pressure 

sensor, use of statistical process control (SPC) determinations of problems, sensor 

validation alarms); 

e. List trouble-shooting procedures and potential corrective actions; 

f. Provide an inventory of replacement and repair supplies for the sensors; 

g. Specify, for each input parameter to the PEMS, the drift criteria for excessive 

error (e.g., the drift limit of each input sensor that would cause the PEMS to 

exceed relative accuracy requirements); 

h. Conduct a quarterly electronic data accuracy assessment test of the PEMS; 

i. Conduct semiannual RA tests of the PEMS. Annual RA tests may be conducted 

if the most recent RA test result is less than or equal to 7.5%. Identify the most 

significant independently modifiable parameter affecting the emissions. Within 

the limits of safe unit operation and typical of the anticipated range of operation, 

test the selected parameter for three RA test data pairs at the low range, three at 

the normal operating range, and three at the high operating range of that 

parameter for a total of nine RA test data sets. Each RA test data set should be 

between 21 and 60 minutes in duration. 

8. PEMS Tuning 

a. Perform tuning of the PEMS provided that the fundamental mathematical 

relationships in the PEMS model are not changed. 

b. Perform tuning of the PEMS in case of sensor recalibration or sensor replacement 

provided that the fundamental mathematical relationships in the PEMS model are 

not changed. 

B-4 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 9 of 21 

APPENDIXC 

NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices 

(Other than Flaring Devices)1 

Date of Compliance 

With Subpart J Fuel Gas 

Unit Limit 

2 Vis. H-2185 Date of Lodging 

Coker H-8501 Date of Lodging 

Coker H-8502 Date ofLodging 

LSG Heater H-4901 Date ofLodging 

Sulf Acid* STK-7801 Date ofLodging 

GT-13 /HRSG G-3413 I H-3413 Date of Lodging 

VER-I* VER-1 Date ofLodging 

VER-2* VER-2 Date ofLodging 

c -1 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 10 of 21 

APPENDIXC 

NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices 

(Other than Flaring Devices)1 

Date of Compliance 

With Subpart J a Fuel 

Unit Gas Limit 

1 Vis. H-101 12/3112015 

1 Vis. H-104 12/3112015 

Uti. Fract. H-160 12/3112015 

Pen ex H-200 12/3112015 

Pen ex H-201 12/3112015 

Pen ex H-202 12/3112015 

Pen ex C-200A 12/3112015 

Pen ex C-200B 12/3112015 

Pen ex C-200C 12/3112015 

2CDU H-401A 12/3112015 

2CDU H-401B 12/3112015 

2CDU H-401C 12/3112015 

2 Plat. H-600 12/3112015 

2 Plat. H-601 12/3112015 

2 Plat. H-602 12/3112015 

2 Plat. H-603 12/3112015 

2 Plat. H-604 12/3112015 

2 Plat. H-605 12/3112015 

2 Plat. H-606 12/3112015 

2DD H-800A 12/3112015 

2DD H-800B 12/3112015 

2DD H-801 12/3112015 

3CDU H-1401A 12/3112015 

1 Vac. H-1401B 12/3112015 

3DD H-1500 12/3112015 

3DD H-1501 12/3112015 

3DD C-1500A 12/3112015 

3DD C-1500B 12/3112015 

3DD C-1500C 12/3112015 

2 Vac. H-2101 12/3112015 

2 Vac. H-2102 12/3112015 

4DD H-2201A 12/3112015 

4DD H-2201B 12/3112015 

4DD H-2202 12/3112015 

5DD H-2400 12/3112015 

C-2 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 11 of 21 

APPENDIXC 

NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices 

(Other than Flaring Devices)1 

5DD H-2401 12/31/2015 

500 C-2400A 12/31/2015 

5DO C-2400B 12/31/2015 

Naph Frac H-2501 12/31/2015 

1SRU H-1032 12/31/2015 

2SRU H-1042 12/31/2015 

1 Beavon H-1061 12/31/2015 

#1 F. Boiler B-1151 12/31/2015 

#3 F. Boiler B-1153 12/31/2015 

#4 F. Boiler B-1154 12/31/2015 

#5 F. Boiler B-1155 12/31/2015 

G.T. #1 * G-1101E 12/31/2015 

G.T. #2* G-1101F 12/31/2015 

G.T. #3* G-11010 12/31/2015 

c- 3 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 12 of 21 

APPENDIXC 

NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices 

(Other than Flaring Devices)1 

Date of Compliance 

With Subpart J Fuel Gas 

Unit Limit 

5CDU H-3101A 12/31115 

5CDU H-3101B 12/31115 

6CDU H-4101A 12/31115 

6CDU H-4101B 12/31115 

3 Vac. H-4201 12/31115 

3 Vac. H-4202 12/31115 

7DD H-4301A 12/31115 

7DD H-4301B 12/31115 

7DD H-4302 12/31115 

3 Plat. H-4401 12/31115 

3 Plat. H-4402 12/31115 

3 Plat. H-4451 12/31115 

3 Plat. H-4452 12/31115 

3 Plat. H-4453 12/31115 

3 Plat. H-4454 12/31115 

3 Plat. H-4455 12/31115 

2 Sulf. H-4502 12/31115 

2 Sulf. H-4503 12/31115 

2 Sulf. H-4504 12/31115 

2 Sulf. H-4505 12/31115 

6DD H-4601A 12/31115 

6DD H-4601B 12/31115 

6DD H-4602 12/31115 

6DD C-4601A 12/31115 

6DD C-4601B 12/31115 

6DD C-4601C 12/31115 

9DD H-5301A 12/31115 

9DD H-5301B 12/31115 

9DD H-5302 12/31115 

4 Plat. H-5401 12/31115 

4 Plat. H-5402 12/31115 

4 Plat. H-5451 12/31115 

4 Plat. H-5452 12/31115 

4 Plat. H-5453 12/31115 

4 Plat. H-5454 12/31115 

C-4 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 13 of 21 

APPENDIXC 

NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices 

(Other than Flaring Devices)1 

4 Plat. H-5455 12/31115 

3 &4 SRU H-4745 12/31115 

2 Beavon H-4761 12/31115 

#6 F. Boiler B-3301 12/31115 

#7 F. Boiler B-3302 12/31115 

#8 F. Boiler B-3303 12/31115 

#9 F. Boiler B-3304 12/31115 

#10 F. Boiler B-3307 12/31115 

G.T.#4 G-3404 12/31115 

G.T.#5 G-3405 12/31115 

G.T.#6 G-3406 12/31115 

G.T.#7 G-3407 12/31115 

G.T.#8* G-3408 12/31115 

G.T.#9* G-3409 12/31115 

G.T.#lO* G-3410 12/31115 

* Compliance based upon AMP submittal for EPA approval 

1 HOVENSA intends to meet the listed compliance schedule by making physical and 

operational changes (i.e., physical changes to the East and West refinery amine treating 

systems as well as a swap from monoethanol amine (MEA) to methyldiethanol amine 

(MDEA)) to the fuel gas treatment system as part of a single phased project. 

c- 5 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 14 of 21 

APPENDIXD 

List of Flaring Devices Subject to NSPS Subparts J/Ja 

Flarin2 Device Date Compliance Method 

FCCULow Seven (7) years from Date of Entry Flare Gas Recovery 

Pressure Flare 

FCCUHigh Five (5) years from Date ofEntry Combusts only fuel gas 

Pressure Flare exempt from emissions 

limitation in 60.1 02a(g) 

pursuant to 60.1 02a(h) 

LPG Flare Five (5) years from Date of Entry Combusts only fuel gas 

that complies with 

60.102a(g) 

Flares 2 and 3 Seven (7) years from Date ofEntry Flare Gas Recovery 

Flares 5, 6 and 7 Ten (10) years from Date ofEntry Flare Gas Recovery 

Flares 1 and 4 are no longer in service and are not covered by this Consent Decree. 

D -1 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 15 of 21 

APPENDIXE 

HOVENSA'S LDAR and BWON Training Program Summary 

The HOVENSA LLC training program will utilize a combination of training methods to educate 

refinery personnel on their roles and responsibilities within the LDAR and BWON programs. 

The extent of education on the programs (two hours, four hours, eight hours, etc.) will be based 

on the employee's job assignment within their respective department and the individual's 

management level. 

All Environmental LDAR personnel will be trained on an annual basis on the requirements of 

their jobs through classroom based, computer-based, field-based, or other training methods. The 

training will consist of specific material and processes required for the knowledge of the program 

including certification testing. Listed below are some ofthe key elements and subjects of the 

training module that link to roles and responsibilities. 

• knowledge of the refinery structure and systems 

• refinery basics: process unit functions individually and how they work in 

partnership 

• how to read and understand P&IDs and ISOS 

• the applicable regulations 

• the proper operation of monitoring equipment 

• applicable LDAR procedures 

• the systems in place to manage our data and compliance; electronic database such 

as LeakDAS and like systems 

• the checks and balances required to maintain quality control and compliance 

• the leadership skills required to manage and maintain a successful program 

All other Operations, Maintenance and Contractor personnel will be trained on the requirements 

of their jobs through classroom based, computer-based, field-based, or other training methods. 

The training consists of material and processes required for their specific role and responsibility 

needed to ensure knowledge of the program including certification testing. Listed below are 

some ofthe key elements and subjects of the training module. 

• 

• 

• 

• 

• 

• 

knowledge of Environmental Department structure and contact information 

general knowledge ofthe environmental regulations (LDAR &_BWON) 

knowledge of regulatory inspection, documentation and repair requirements 

knowledge of fugitive emissions procedures 

knowledge ofthe Valve Preventative Maintenance Program 

knowledge of how to utilize the refinery system, such as SAP, to create work 

notifications and approvals and electronic inspections 

The requirements ofthis training will be incorporated into HOVENSA'sjob specific training. 

All training will be reviewed and updated on a reoccurring basis (at least once every three (3) 

years). The certification testing will be utilized to assess the effectiveness ofthe training 

products. 

E- 1 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 16 of 21 

APPENDIXF 

Method 21 Monitoring Locations for API Separators 1, 2 and 3 

API #1, 2, & 3 

Emission Points Total 

Access Hatch 48 

Gauge Hatch 45 

Fixed roof plates 150 

Piping Penetration 52 

Steel plate 31 

Pump base 22 

Hose connection 2 

Conduit port 10 

Valve stem port 16 

Total 376 

F- 1 ~\\ 
Perform external valve survey on each valve that leaked by the end of the next calendar quarter after identification of the leak. Is the valva in good condition based on external valve survey? Yes Yes 

APPENDIXG 

Valve Preventative Leak Maintenance Procedure Workflow Diagram 

Repack/replace these valves , and 

perform stuffing box survey as per 

, w• checklist in Procedure 114114 on valves 

Nol 

No 

to be repacked, lllllilm the next TA I 

tank outage. Valves 2 inches and 

smaUer in diameter must be replaced. 

Repack/replace thase valves , and perform 

stuffing box survey as per checklist in 

L---------------+----.1 Procedurell4114 on valves to be repacked, lllllillllthe next TA I tank outage. Valves 2 

inches and smaller in diameter must be 

Repack/replace at least 80% of these valves 

(as determined by the end of each calendar 

quarter), and perform stuffing box survey as 

replaced. 

Can the 

valve be 

isolated? 

>---------.------.t per checklist in Procedurell4114 on valves 

to be repacked, the next TA I tank 

No 

Yes 

Is there 

an opportunity 

for back-seating, live· 

loading or other 

on-line repack 

technique? 

No 

outage. Valves 2 inches and smaUer in 

diameter must be replaced. 

Repack/replace at least 80% of thase valves as per 

checklist in Procedure 114114 (as determined by the 

1------------1>1 end of each calendar quarter), and perform stuffing 1

box survey on valves to be repacked, lllllilm the 

next TA /tonk outage. Valves 2 inches and smaller 

in diameter must be replaced. 

G -1 

'-> 
Emissions Unit Coker Heater (two units) Boiler 10 SRUs 1&2/Beavon l Tanks No.6 Sour Water Stripper Sour Water Tank (TK-1071), Desalter Effluent Water (DEW) Tank (TK-1663) PoUutaDt Limit co 0.030 voc 0.0050 co 0.070 voc 0.0050 200 TRS (Interim) 100 162 TRS (Final) 66 voc Ext. Floating RoofTank 

,\• 

APPENDIXH 

Additional Coker Project Injunctive Relief 

Averagiug 

Units Time Monitorin2" Reportin2 

lb/mmBTU Average of3 Annual Performance Test Within 60 Days of test 

1-hr samples (EPA RM-10) 

lb/mmBTU NIA EPA RM-25 following any Within 60 Days of test 

CO test exceedance 

lb/mmBTU Average of3 Annual Performance Test Within 60 Days of test 

1-hr samples (EPA RM-10) 

Jb/mmBTU N/A EPA RM-25 following any Within 60 Days of test 

CO test exceedance 

ppmvd Hourly rolling NSPS TRS CEMS (40 C.F.R. NSPS quarterly reports 

12-hr average 60 App A, B, & F) 

ppmvd Daily rolling NSPS TRS CEMS (40 C.F.R. NSPS quarterly reports 

30 day average 60 App A, B, & F) 

ppmvd Hourly rolling NSPS TRS CEMS (40 C.F.R. NSPS quarterly reports 

12-hr average 60 App A, B, & F) 

ppmvd Daily rolling NSPS TRS CEMS (40 C.F.R. NSPS quarterly reports 

30 day average 60 App A, B, & F) 

NIA Subpart Kb monitoring ( 40 NSPS reports 

C.F.R. §60.113b(b)) for Ext. 

Floating Roof Kb 

requirements: 

Seal Gap Measurements 

(Secondary once/yr, Primary 

once/5 yrs ). Inspect seals and 

fittings each time the vessel is 

emptied and degassed. 

H-1 

._._,•·.-: 
APPENDIXH 

Additional Coker Project Injunctive Relief 

Averaging 

Emissions Unit Pollutant Limit Units Time Monitorinlt 

Pitch Storage (TK-8501) VOC Fixed Roof N/A Subpart Kb monitoring (40 

Tank C.F.R. §60.110b-117b) 

Record and maintain records 

documenting the material 

stored in the hot pitch storage 

tank (TK-850 1), showing that 

the tank remains exempt from 

control requirements in accordance with 40 C.F.R. 60, 

Subpart Kb, §60.11 Ob(b ). 

Process equipment 

located in 

Coker Unit, Coker Gas voc HON Comply with 40 C.F.R. 63 

Plant, No. 7 Amine, No. minus Subpart H, except as noted 

5 Crude, No.3 Vacuum, Connectors below: 

No. 3 Crude, No. I -Leak testing is not required 

Vacuum, No. I for connectors; 

Visbreaker, and No. 2, 4, -Use skip periods allowed in 

6, & 7 Distillate 40 C.F.R. Part 60 Subpart 

Desulfurizer Units and GGGa!VVa for leak testing 

outside battery limit valves and pumps. 

modifications to the 

terminal, tank farm & 

blending equipment 

• For purposes of demonstrating compliance with limits which require an annual performance test, HOVEN SA shall conduct 

the first performance test no later than twelve (12) months after the Date of Entry. 

H-2 

:-;;-;::;--=-- ·.:;_.;-:' 

Reoortine: 

NSPS reports 
APPENDIXH 

Additional Coker Project Injunctive Relief 

Design/Work Practice Compliance 

Emissions Unit Pollutant Controls Monitorin£ Schedule 

Coke Handling, Storage PM(aU Maintain records documenting Date of Entry 

and Loadiag Facility species) design 

Coke Cutting/Coke Pit High Pressure water cutting of 

coke & enclosed drop 

zones/coke pit (No roof) 

Coke Crusher 

Enclosedb crusher structure. 

Moisture content control from 

initial cutting. 

Coke Transfer to 

Storage Enclosedb conveyor to 

storage, Moisture content 

control from initial cutting. 

Coke Storage 

Enclosedb storage buildings, 

baghouse tor vent control, and 

moisture content control from 

initial cutting. 

Coke Loading 

Enclosedb conveyor to loading 

dock. "Spout" containment 

loading to minimize drop 

emissions when loading ship. 

b Enclosed structures can have ventilation vents or access ways 

H-3 

·,.,, 
Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 21 of 21 

APPENDIX I 

Map ofHOVENSA L.L.C. 

I- 1 

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t - ... = •