State of Ohio Environmental Protection Agency

STREET ADDRESS: MAILING ADDRESS:

Lazarus Government Center

50 W. Town St., Suite 700

Columbus, Ohio 43215

TELE: (614) 644-3020 FAX: (614) 644-3184

www.epa.state.oh.us

P.O. Box 1049

Columbus, OH 43216-1049

Ted Strickland, Governor

Lee Fisher, Lieutenant Governor

Chris Korleski, Director

v Printed on Recycled Paper Ohio EPA is an Equal Opportunity Employer Printed in-house

2/23/2009

Elaine Moore

Sun Company, Inc.

P.O. Box 920

Toledo, OH 43697-0920

RE: FINAL AIR POLLUTION PERMIT-TO-INSTALL

Facility ID: 0448010246

Permit Number: P0103642

Permit Type: Administrative Modification

County: Lucas

Dear Permit Holder:

Enclosed please find a final Air Pollution Permit-to-Install (PTI) which will allow you to install or modify the described 

emissions unit(s) in a manner indicated in the permit. Because this permit contains several conditions and restrictions, we 

urge you to read it carefully.

The issuance of this PTI is a final action of the Director and may be appealed to the Environmental Review Appeals 

Commission ("ERAC") under Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and describe the 

action complained of and the grounds for the appeal. The appeal must be filed with the ERAC within thirty (30) days after 

notice of the Director's action. A filing fee of $70.00 must be submitted to the ERAC with the appeal, although the ERAC, 

has discretion to reduce the amount of the filing fee if you can demonstrate (by affidavit) that payment of the full amount of 

the fee would cause extreme hardship. If you file an appeal of this action, you must notify Ohio EPA of the filing of the 

appeal (by providing a copy to the Director) within three (3) days of filing your appeal with the ERAC. Ohio EPA requests 

that a copy of the appeal also be provided to the Ohio Attorney General's Office, Environmental Enforcement Section. An 

appeal may be filed with the ERAC at the following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

The Ohio EPA is encouraging companies to investigate pollution prevention and energy conservation. Not only will this 

reduce pollution and energy consumption, but it can also save you money. If you would like to learn ways you can save 

money while protecting the environment, please contact our Office of Compliance Assistance and Pollution Prevention at 

(614) 644-3469. If you have any questions regarding this permit, please contact the Toledo Department of Environmental 

Services. This permit has been posted to the Division of Air Pollution Control (DAPC) Web page 

http://www.epa.state.oh.us/dapc. 

Sincerely,

Michael W. Ahern, Manager

Permit Issuance and Data Management Section, DAPC

Cc: U.S. EPA Region 5 Via E-Mail Notification

Toledo Department of Environmental Services

Certified Mail

No TOXIC REVIEW

Yes PSD

No SYNTHETIC MINOR

Yes CEMS

Yes MACT

Yes NSPS

Yes NESHAPS

Yes NETTING

No MAJOR NON-ATTAINMENT

Yes MODELING SUBMITTED

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

FINAL

Air Pollution Permit-to-Install

for

Sun Company, Inc.

Facility ID: 0448010246

Permit Number: P0103642

Permit Type: Administrative Modification

Issued: 2/23/2009

Effective: 2/23/2009

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Air Pollution Permit-to-Install

for

Sun Company, Inc.

Table of Contents

Authorization ..................................................................................................................................................... 1

A. Standard Terms and Conditions .................................................................................................................. 3

1. Federally Enforceable Standard Terms and Conditions ......................................................................... 4

2. Severability Clause ................................................................................................................................ 4

3. General Requirements........................................................................................................................... 4

4. Monitoring and Related Record Keeping and Reporting Requirements.................................................. 5

5. Scheduled Maintenance/Malfunction Reporting ..................................................................................... 6

6. Compliance Requirements..................................................................................................................... 6

7. Best Available Technology..................................................................................................................... 7

8. Air Pollution Nuisance............................................................................................................................ 7

9. Reporting Requirements ........................................................................................................................ 7

10. Applicability............................................................................................................................................ 8

11. Construction of New Sources(s) and Authorization to Install .................................................................. 8

12. Permit-To-Operate Application............................................................................................................... 9

13. Construction Compliance Certification ................................................................................................... 9

14. Public Disclosure ................................................................................................................................... 9

15. Additional Reporting Requirements When There Are No Deviations of Federally Enforceable Emission 

Limitations, Operational Restrictions, or Control Device Operating Parameter Limitations ..................... 9

16. Fees....................................................................................................................................................... 9

17. Permit Transfers .................................................................................................................................. 10

18. Risk Management Plans ...................................................................................................................... 10

19. Title IV Provisions ................................................................................................................................ 10

B. Facility-Wide Terms and Conditions........................................................................................................... 11

C. Emissions Unit Terms and Conditions ....................................................................................................... 14

1. B046, H-021-03 CO Boiler ................................................................................................................... 15

2. B047, H-021-04 CO Boiler ................................................................................................................... 26

3. J006, LPG Railcar Loading .................................................................................................................. 37

4. P009, PL4 Flare................................................................................................................................... 40

5. P011, FCC Unit.................................................................................................................................... 60

6. P012, SRU........................................................................................................................................... 94

7. P017, Wastewater.............................................................................................................................. 104

8. P040, Cooling Tower - P/2 ................................................................................................................. 125
State of Ohio Environmental Protection Agency

Division of Air Pollution Control

9. P041, Claus SRU No. 2 ..................................................................................................................... 130

10. P801, Process Units........................................................................................................................... 145
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 1 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Authorization

Facility ID: 0448010246

Facility Description: Refinery

Application Number(s): M0000206

Permit Number: P0103642

Permit Description: This 2nd PTI modification incorporates changes to equipment that will be installed on the 

flare (P009) and cooling tower (P040) during the expansion project. It also incorporates 

the manufacturer's guarantee for allowable emission limitations on the new SRU (P041).

Permit Type: Administrative Modification

Permit Fee: $4,750.00

Issue Date: 2/23/2009

Effective Date: 2/23/2009

This document constitutes issuance to:

Sun Company, Inc.

1819 Woodville Road

Oregon, OH 43616

Of a Permit-to-Install for the emissions unit(s) identified on the following page.

Ohio EPA District Office or local air agency responsible for processing and administering your permit:

Toledo Department of Environmental Services

348 South Erie Street

Toledo, OH 43604

(419)936-3015

The above named entity is hereby granted a Permit-to-Install for the emissions unit(s) listed in this section 

pursuant to Chapter 3745-31 of the Ohio Administrative Code. Issuance of this permit does not constitute 

expressed or implied approval or agreement that, if constructed or modified in accordance with the plans 

included in the application, the emissions unit(s) of environmental pollutants will operate in compliance with 

applicable State and Federal laws and regulations, and does not constitute expressed or implied assurance 

that if constructed or modified in accordance with those plans and specifications, the above described 

emissions unit(s) of pollutants will be granted the necessary permits to operate (air) or NPDES permits as 

applicable.

This permit is granted subject to the conditions attached hereto.

Ohio Environmental Protection Agency

Chris Korleski

Director
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 2 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Authorization (continued)

Permit Number: P0103642

Permit Description: This 2nd PTI modification incorporates changes to equipment that will be installed on the 

flare (P009) and cooling tower (P040) during the expansion project. It also incorporates 

the manufacturer's guarantee for allowable emission limitations on the new SRU (P041).

Permits for the following Emissions Unit(s) or groups of Emissions Units are in this document as indicated 

below:

Emissions Unit ID: B046

Company Equipment ID: H-021-03 CO Boiler

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: B047

Company Equipment ID: H-021-04 CO Boiler

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: J006

Company Equipment ID: LPG Railcar Loading

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P009

Company Equipment ID: PL4 Flare

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P011

Company Equipment ID: FCC Unit

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P012

Company Equipment ID: SRU

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P017

Company Equipment ID: Wastewater

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P040

Company Equipment ID: Cooling Tower - P/2

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P041

Company Equipment ID: Claus SRU No. 2

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 

Emissions Unit ID: P801

Company Equipment ID: LDAR Programs

Superseded Permit Number: 04-01447

General Permit Category and Type: Not Applicable 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 3 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

A. Standard Terms and Conditions
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 4 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

1. Federally Enforceable Standard Terms and Conditions

a) All Standard Terms and Conditions are federally enforceable, with the exception of those listed 

below which are enforceable under State law only:

(1) Standard Term and Condition A. 2.a), Severability Clause

(2) Standard Term and Condition A. 3.c) through A. 3.e) General Requirements

(3) Standard Term and Condition A. 6.c) and A. 6.d), Compliance Requirements

(4) Standard Term and Condition A. 9., Reporting Requirements

(5) Standard Term and Condition A. 10., Applicability

(6) Standard Term and Condition A. 11.b) through A. 11.e), Construction of New Source(s) and 

Authorization to Install

(7) Standard Term and Condition A. 14., Public Disclosure

(8) Standard Term and Condition A. 15., Additional Reporting Requirements When There Are No 

Deviations of Federally Enforceable Emission Limitations, Operational Restrictions, or Control 

Device Operating Parameter Limitations

(9) Standard Term and Condition A. 16., Fees

(10) Standard Term and Condition A. 17., Permit Transfers

2. Severability Clause

a) A determination that any term or condition of this permit is invalid shall not invalidate the force or 

effect of any other term or condition thereof, except to the extent that any other term or condition 

depends in whole or in part for its operation or implementation upon the term or condition declared 

invalid.

b) All terms and conditions designated in parts B and C of this permit are federally enforceable as a 

practical matter, if they are required under the Act, or any its applicable requirements, including 

relevant provisions designed to limit the potential to emit of a source, are enforceable by the 

Administrator of the U.S. EPA and the State and by citizens (to the extent allowed by section 304 of 

the Act) under the Act. Terms and conditions in parts B and C of this permit shall not be federally 

enforceable and shall be enforceable under State law only, only if specifically identified in this 

permit as such.

3. General Requirements

a) The permittee must comply with all terms and conditions of this permit. Any noncompliance with 

the federally enforceable terms and conditions of this permit constitutes a violation of the Act, and is 

grounds for enforcement action or for permit revocation, revocation and re-issuance, or 

modification.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 5 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

b) It shall not be a defense for the permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the federally 

enforceable terms and conditions of this permit.

c) This permit may be modified, revoked, or revoked and reissued, for cause. The filing of a request 

by the permittee for a permit modification, revocation and reissuance, or revocation, or of a 

notification of planned changes or anticipated noncompliance does not stay any term and condition 

of this permit.

d) This permit does not convey any property rights of any sort, or any exclusive privilege.

e) The permittee shall furnish to the Director of the Ohio EPA, or an authorized representative of the 

Director, upon receipt of a written request and within a reasonable time, any information that may 

be requested to determine whether cause exists for modifying or revoking this permit or to 

determine compliance with this permit. Upon request, the permittee shall also furnish to the 

Director or an authorized representative of the Director, copies of records required to be kept by this 

permit. For information claimed to be confidential in the submittal to the Director, if the 

Administrator of the U.S. EPA requests such information, the permittee may furnish such records 

directly to the Administrator along with a claim of confidentiality.

4. Monitoring and Related Record Keeping and Reporting Requirements

a) Except as may otherwise be provided in the terms and conditions for a specific emissions unit, the 

permittee shall maintain records that include the following, where applicable, for any required 

monitoring under this permit:

(1) The date, place (as defined in the permit), and time of sampling or measurements.

(2) The date(s) analyses were performed.

(3) The company or entity that performed the analyses.

(4) The analytical techniques or methods used.

(5) The results of such analyses.

(6) The operating conditions existing at the time of sampling or measurement. 

b) Each record of any monitoring data, testing data, and support information required pursuant to this 

permit shall be retained for a period of five years from the date the record was created. Support 

information shall include, but not be limited to all calibration and maintenance records and all 

original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports 

required by this permit. Such records may be maintained in computerized form.

c) Except as may otherwise be provided in the terms and conditions for a specific emissions unit, the 

permittee shall submit required reports in the following manner:

(1) Reports of any required monitoring and/or recordkeeping of federally enforceable information 

shall be submitted to the Toledo Department of Environmental Services.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 6 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(2) Quarterly written reports of (i) any deviations from federally enforceable emission limitations, 

operational restrictions, and control device operating parameter limitations, excluding deviations 

resulting from malfunctions reported in accordance with OAC rule 3745-15-06, that have been 

detected by the testing, monitoring and recordkeeping requirements specified in this permit, (ii) 

the probable cause of such deviations, and (iii) any corrective actions or preventive measures 

taken, shall be made to the Toledo Department of Environmental Services. The written reports 

shall be submitted (i.e., postmarked) quarterly, by January 31, April 30, July 31, and October 31 

of each year and shall cover the previous calendar quarters. See A.15. below if no deviations 

occurred during the quarter.

(3) Written reports, which identify any deviations from the federally enforceable monitoring, 

recordkeeping, and reporting requirements contained in this permit shall be submitted (i.e., 

postmarked) to the Toledo Department of Environmental Services every six months, by 

January 31 and July 31 of each year for the previous six calendar months. If no deviations 

occurred during a six-month period, the permittee shall submit a semi-annual report, which 

states that no deviations occurred during that period.

(4) This permit is for an emissions unit located at a Title V facility. Each written report shall be 

signed by a responsible official certifying that, based on information and belief formed after 

reasonable inquiry, the statements and information in the report are true, accurate, and 

complete.

d) The permittee shall report actual emissions pursuant to OAC Chapter 3745-78 for the purpose of 

collecting Air Pollution Control Fees.

5. Scheduled Maintenance/Malfunction Reporting

Any scheduled maintenance of air pollution control equipment shall be performed in accordance with 

paragraph (A) of OAC rule 3745-15-06. The malfunction, i.e., upset, of any emissions units or any 

associated air pollution control system(s) shall be reported to the Toledo Department of Environmental 

Services in accordance with paragraph (B) of OAC rule 3745-15-06. (The definition of an upset 

condition shall be the same as that used in OAC rule 3745-15-06(B)(1) for a malfunction.) The verbal 

and written reports shall be submitted pursuant to OAC rule 3745-15-06.

Except as provided in that rule, any scheduled maintenance or malfunction necessitating the shutdown 

or bypassing of any air pollution control system(s) shall be accompanied by the shutdown of the 

emission unit(s) that is (are) served by such control system(s).

6. Compliance Requirements

a) The emissions unit(s) identified in this Permit shall remain in full compliance with all applicable 

State laws and regulations and the terms and conditions of this permit.

b) Any document (including reports) required to be submitted and required by a federally applicable 

requirement in this permit shall include a certification by a responsible official that, based on 

information and belief formed after reasonable inquiry, the statements in the document are true, 

accurate, and complete.

c) Upon presentation of credentials and other documents as may be required by law, the permittee 

shall allow the Director of the Ohio EPA or an authorized representative of the Director to:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 7 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(1) At reasonable times, enter upon the permittee's premises where a source is located or the 

emissions-related activity is conducted, or where records must be kept under the conditions of 

this permit.

(2) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit, subject to the protection from disclosure to the public of confidential 

information consistent with ORC section 3704.08.

(3) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution 

control equipment), practices, or operations regulated or required under this permit.

(4) As authorized by the Act, sample or monitor at reasonable times substances or parameters for 

the purpose of assuring compliance with the permit and applicable requirements.

d) The permittee shall submit progress reports to the Toledo Department of Environmental Services

concerning any schedule of compliance for meeting an applicable requirement. Progress reports 

shall be submitted semiannually or more frequently if specified in the applicable requirement or by 

the Director of the Ohio EPA. Progress reports shall contain the following:

(1) Dates for achieving the activities, milestones, or compliance required in any schedule of 

compliance, and dates when such activities, milestones, or compliance were achieved.

(2) An explanation of why any dates in any schedule of compliance were not or will not be met, and 

any preventive or corrective measures adopted.

7. Best Available Technology

As specified in OAC Rule 3745-31-05, new sources that must employ Best Available Technology (BAT)

shall comply with the Applicable Emission Limitations/Control Measures identified as BAT for each 

subject emissions unit.

8. Air Pollution Nuisance

The air contaminants emitted by the emissions units covered by this permit shall not cause a public 

nuisance, in violation of OAC rule 3745-15-07.

9. Reporting Requirements

The permittee shall submit required reports in the following manner:

a) Reports of any required monitoring and/or recordkeeping of state-only enforceable information shall 

be submitted to the Toledo Department of Environmental Services.

b) Except as otherwise may be provided in the terms and conditions for a specific emissions unit, 

quarterly written reports of (a) any deviations (excursions) from state-only required emission 

limitations, operational restrictions, and control device operating parameter limitations that have 

been detected by the testing, monitoring, and recordkeeping requirements specified in this permit, 

(b) the probable cause of such deviations, and (c) any corrective actions or preventive measures 

which have been or will be taken, shall be submitted to the Toledo Department of Environmental 

Services. If no deviations occurred during a calendar quarter, the permittee shall submit a quarterly 

report, which states that no deviations occurred during that quarter. The reports shall be submitted 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 8 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(i.e., postmarked) quarterly, by January 31, April 30, July 31, and October 31 of each year and shall 

cover the previous calendar quarters. (These quarterly reports shall exclude deviations resulting 

from malfunctions reported in accordance with OAC rule 3745-15-06.)

10. Applicability

This Permit-to-Install is applicable only to the emissions unit(s) identified in the Permit-to-Install. 

Separate application must be made to the Director for the installation or modification of any other 

emissions unit(s).

11. Construction of New Sources(s) and Authorization to Install

a) This permit does not constitute an assurance that the proposed source will operate in compliance 

with all Ohio laws and regulations. This permit does not constitute expressed or implied assurance 

that the proposed facility has been constructed in accordance with the application and terms and 

conditions of this permit. The action of beginning and/or completing construction prior to obtaining 

the Director's approval constitutes a violation of OAC rule 3745-31-02. Furthermore, issuance of 

this permit does not constitute an assurance that the proposed source will operate in compliance 

with all Ohio laws and regulations. Issuance of this permit is not to be construed as a waiver of any 

rights that the Ohio Environmental Protection Agency (or other persons) may have against the 

applicant for starting construction prior to the effective date of the permit. Additional facilities shall 

be installed upon orders of the Ohio Environmental Protection Agency if the proposed facilities 

cannot meet the requirements of this permit or cannot meet applicable standards.

b) If applicable, authorization to install any new emissions unit included in this permit shall terminate 

within eighteen months of the effective date of the permit if the owner or operator has not 

undertaken a continuing program of installation or has not entered into a binding contractual 

obligation to undertake and complete within a reasonable time a continuing program of installation. 

This deadline may be extended by up to 12 months if application is made to the Director within a 

reasonable time before the termination date and the party shows good cause for any such 

extension.

c) The permittee may notify Ohio EPA of any emissions unit that is permanently shut down (i.e., the 

emissions unit has been physically removed from service or has been altered in such a way that it 

can no longer operate without a subsequent "modification" or "installation" as defined in OAC 

Chapter 3745-31) by submitting a certification from the authorized official that identifies the date on 

which the emissions unit was permanently shut down. Authorization to operate the affected 

emissions unit shall cease upon the date certified by the authorized official that the emissions unit 

was permanently shut down. At a minimum, notification of permanent shut down shall be made or 

confirmed through completion of the annual PER covering the last period of operation of the 

affected emissions unit(s).

d) The provisions of this permit shall cease to be enforceable for each affected emissions unit after the 

date on which an emissions unit is permanently shut down (i.e., emissions unit has been physically 

removed from service or has been altered in such a way that it can no longer operate without a 

subsequent "modification" or "installation" as defined in OAC Chapter 3745-31). All records relating 

to any permanently shutdown emissions unit, generated while the emissions unit was in operation, 

must be maintained in accordance with law. All reports required by this permit must be submitted 

for any period an affected emissions unit operated prior to permanent shut down. At a minimum, 

the permit requirements must be evaluated as part of the PER covering the last period the 

emissions unit operated.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 9 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

No emissions unit certified by the authorized official as being permanently shut down may resume 

operation without first applying for and obtaining a permit pursuant to OAC Chapter 3745-31.

e) The permittee shall comply with any residual requirements related to this permit, such as the 

requirement to submit a PER, air fee emission report, or other any reporting required by this permit 

for the period the operating provisions of this permit were enforceable, or as required by regulation 

or law. All reports shall be submitted in a form and manner prescribed by the Director. All records 

relating to this permit must be maintained in accordance with law.

12. Permit-To-Operate Application

The permittee is required to apply for a Title V permit pursuant to OAC Chapter 3745-77. The 

permittee shall submit a complete Title V permit application or a complete Title V permit modification 

application within twelve (12) months after commencing operation of the emissions units covered by 

this permit. However, if the proposed new or modified source(s) would be prohibited by the terms and 

conditions of an existing Title V permit, a Title V permit modification must be obtained before the 

operation of such new or modified source(s) pursuant to OAC rule 3745-77-04(D) and OAC rule 3745-

77-08(C)(3)(d).

13. Construction Compliance Certification

The applicant shall identify the following dates in the online facility profile for each new emissions unit 

identified in this permit.

a) Completion of initial installation date shall be entered upon completion of construction and prior to 

start-up.

b) Commence operation after installation or latest modification date shall be entered within 90 days 

after commencing operation of the applicable emissions unit.

14. Public Disclosure

The facility is hereby notified that this permit, and all agency records concerning the operation of this 

permitted source, are subject to public disclosure in accordance with OAC rule 3745-49-03.

15. Additional Reporting Requirements When There Are No Deviations of Federally Enforceable

Emission Limitations, Operational Restrictions, or Control Device Operating Parameter 

Limitations

If no deviations occurred during a calendar quarter, the permittee shall submit a quarterly report, which 

states that no deviations occurred during that quarter. The reports shall be submitted quarterly (i.e., 

postmarked), by January 31, April 30, July 31, and October 31 of each year and shall cover the 

previous calendar quarters.

16. Fees

The permittee shall pay fees to the Director of the Ohio EPA in accordance with ORC section 3745.11 

and OAC Chapter 3745-78. The permittee shall pay all applicable permit-to-install fees within 30 days 

after the issuance of any permit-to-install. The permittee shall pay all applicable permit-to-operate fees 

within thirty days of the issuance of the invoice.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 10 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

17. Permit Transfers

Any transferee of this permit shall assume the responsibilities of the prior permit holder. The Toledo 

Department of Environmental Services must be notified in writing of any transfer of this permit.

18. Risk Management Plans

If the permittee is required to develop and register a risk management plan pursuant to section 112(r) of 

the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. ("Act"), the permittee shall comply with the 

requirement to register such a plan.

19. Title IV Provisions

If the permittee is subject to the requirements of 40 CFR Part 72 concerning acid rain, the permittee 

shall ensure that any affected emissions unit complies with those requirements. Emissions exceeding 

any allowances that are lawfully held under Title IV of the Act, or any regulations adopted thereunder, 

are prohibited.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 11 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

B. Facility-Wide Terms and Conditions
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 12 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

1. All the following facility-wide terms and conditions are federally enforceable with the exception of those 

listed below which are enforceable under state law only:

a) None.

2. The following emissions units contained in this permit are subject to 40 CFR Part 63, subpart CC: P017 

and P801 and contain the facility wide requirements for the leak detection and repair program (P017) 

and wastewater management (P801). All refinery emissions units are subject to some portion of 40 

CFR Part 63, subpart CC. The complete MACT requirements, including the MACT General Provisions 

may be accessed via the internet from the Electronic Code of Federal Regulations (e-CFR) website

http://ecfr.gpoaccess.gov or by contacting the appropriate Ohio EPA District office or local air agency. 

3. The following emissions units contained in this permit are subject to 40 CFR Part 63, subpart UUU: 

P011, P012 and P041. The complete MACT requirements, including the MACT General Provisions may 

be accessed via the internet from the Electronic Code of Federal Regulations (e-CFR) website 

http://ecfr.gpoaccess.gov or by contacting the appropriate Ohio EPA District office or local air agency.

4. The permittee shall monitor the emissions of VOC that is emitted by any emissions units associated 

with the FCCU expansion permit to install (B046, B047, J006, P009, P011, P012, P017, P040, P041, 

P801, refinery fuel burning equipment, Plant 6 and Plant 8 cooling towers, storage tanks, loading racks 

and Naptha Simplification Project); and calculate and maintain a record of the annual emissions, in tons 

per year on a calendar year basis, for a period of five years following resumption of regular operations 

after the change, or for a period of ten years following resumption of regular operations after the 

change if the NSR project increases the design capacity or potential to emit of that regulated NSR 

pollutant at such emissions unit.

5. If the unit is an existing unit, the permittee shall submit a report to the Toledo Division of Environmental 

Services if the annual emissions, in tons per year, from the FCCU expansion project (PTI 04-01447), 

exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (C)(1)(c) 

of OAC rule 3745-31-10, by a significant amount for that regulated NSR pollutant, and if such emissions 

differ from the preconstruction projection as documented and maintained pursuant to paragraph 

(C)(1)(c) of OAC rule 3745-31-10. The permittee’s pre-construction projection is listed in Table 1 below. 

Such report shall be submitted to the Toledo Division of Environmental Services within 60 days after 

the end of such year. The report shall contain the following:

a) The name, address and telephone number of the major stationary source;

b) The annual emissions as calculated pursuant to 2. above; and

c) Any other information that the permittee wishes to include in the report (e.g., an explanation as 

to why the emissions differ from the preconstruction projection).
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 13 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Table 1 NSR for VOC - Baseline Actual Emissions vs Potential/Projected Actual Emissions

Baseline *Potential Emissions Incremental

Actual Emis. **Proj. Actual Emis. Difference

(tons/yr) (tons/yr) (tons/yr)

VOC VOC VOC

New & Modified Sources *

FCC WGS Stack (P011) see CO boiler see CO boiler 0.00

CO Boiler worst case fuel combination (emitted through 

WGS Stack) (B046 & B047)

5.15 16.06 10.91

New SRU, including combustion (P041) 0 3.89 3.89

Plant 4 Flare (P009) 3.53 3.68 0.15

Fugitive components (P801) 375.28 385.43 10.15

Cooling Towers (P040) 0 0.37 0.37

PP Mix Railcar Loading Rack Additional Loading Arms 

(J006)

0.03 1.58 1.55

Emissions from Associated Units **

Existing SRU, including combustion (P012) 0.55 0.89 0.34

Heater combustion 

H-6306 (H-64 New) 0.61 0.95 0.34

H-603 (B017) 0.38 0.44 0.00

H-604 (B018) 1.10 1.77 0.67

H-6104 1.87 2.36 0.49

H-311 (B051) 5.72 6.50 0.78

H-501-4 (B006) 3.05 3.90 0.85

H-507 (B010) 2.50 2.99 0.49

H-601A (B014) 0.50 0.95 0.45

H-601B (B015) 0.51 0.97 0.45

H-602 (B016) 0.42 0.80 0.38

H-6305 (B023) will be demolished 0.06 0.00 0.00

H-9101 (B025) not operated post exp. 5.69 0.00 0.00

H-9201 (B026) 1.38 1.74 0.36

H-9202 (B027) 0.81 1.03 0.22

H-9203 (B028) 0.10 0.13 0.03

H-9251 B029) 0.80 1.01 0.21

H-9252A&B (B030 & B031) 2.76 3.49 0.73

H-9302 (B032) 2.25 2.64 0.38

H-9301 (B033) 4.81 5.63 0.82

H-9303 (B034) 1.06 1.24 0.18

H-9304 (B035 0.40 0.47 0.07

H-1910 (#10 Boiler) not operated post exp. 3.31 0.00 0.00

H-9501 0.00 0.00 0.00

H-9502 0.00 0.00 0.00

Plant 6 Cooling Towers 3.13 3.39 0.27

Plant 8 Cooling Towers 4.99 5.36 0.38

Storage Tanks - based on storage material

Crude 7.65 11.81 4.16

Gasoline - finished 0.94 1.41 0.47

Gasoline - components 1.42 2.13 0.71

Diesel 0.48 0.88 0.40

Jet 1.22 2.84 1.62

FCC Feed - Heavy Gas Oil* 1.67 1.74 0.07

9-2 Feed - Light Gas Oil* 0.50 0.96 0.45

Naphtha* 0.00 0.09 0.09

Benzene 0.03 0.08 0.048

Toluene 0.14 0.17 0.028

Xylene 0.06 0.09 0.023

Slurry 0.01 0.01 0.01

Loading Racks (other than PP Mix Railcar Loading)

HARF/SLURRY/CSO, truck and rail 0.18 0.30 0.13

Benzene, rail 0.16 0.16 0.00

Toluene, rail 11.32 11.33 0.01

xylene, rail 2.20 2.20 0.00

propane, truck 9.44 10.53 1.09

Naphtha Simplification Project 2.06 5.87 3.81

Expansion Project Totals 472.25 512.27 49.02
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 14 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

C. Emissions Unit Terms and Conditions
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 15 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

1. B046, H-021-03 CO Boiler

Operations, Property and/or Equipment Description: 

(B046) - 374 million Btu/hr Babcock and Wilcox [H-021-03] CO boiler fired with refinery fuel gas, 

a mixture of refinery process gas, landfill gas and natural gas; residual (#6) fuel oil, and CO 

(from the FCC unit – P011) with ultra low NOx burners, SCR and WGS. If FCC unit is shutdown, 

emissions from B046 and/or B047 are not required to pass through SCR and WGS

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

While operating as a control unit for the FCCU unit, the following emission limitations 

apply:

a. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined filterable particulate matter 

(PM) emissions from the FCCU 

(Emissions Unit P011) and the CO 

Boilers (B046 and B047) shall not exceed 

0.45 pound per thousand pounds of cokeburnoff;

The combined sulfur dioxide (SO2) 

emissions from P011, B046 and B047 

shall not exceed 316 pounds per hour;

The combined volatile organic compound 

(VOC) emissions from the FCCU 

(Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 3.67 pounds per hour;

The combined sulfuric acid (H2SO4) mist 

emissions from the FCCU (P011) and CO 

Boilers (B046 and B047) shall not exceed 

10 ppmvd and 215.84 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions; and

See b)(2)a. and b)(2)b.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 16 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

b. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined nitrogen oxides (NOx) 

emissions from P011, B046 and B047 

shall not exceed 198.51 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

The combined filterable particulate matter 

(PM) emissions from P011, B046 and 

B047 shall not exceed 165.96 tons per 

year;

The combined sulfur dioxide (SO2) 

emissions from P011, B046 and B047 

shall not exceed 345.71 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

The combined volatile organic 

compounds (VOC) emissions from the 

FCCU (Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 16.07 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

See b)(2)a., b)(2)b. and b)(2)c.

c. OAC rule 3745-31-10 through 20

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined CO emissions from P011, 

B046 and B047 shall be reduced by a 

minimum of 99% control efficiency and 

shall not exceed 500 parts per million by 

volume dry (ppmvd) at 0% oxygen as a 1-

hour average, or 180 ppmvd at 0% 

oxygen as a rolling, 365-day average, or 

1,087.28 tons per year, based upon a 

rolling, 365-day summation of the daily 

emissions; and

The combined PM10 emissions from 

P011, B046 and B047 shall be controlled 

by a minimum of 95% and shall not 

exceed 0.90 pound per thousand pounds 

of coke-burnoff or 331.92 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions.

See b)(2)a.

d. OAC rule 3745-17-07(A) Visible particulate emissions from any 

stack serving this unit shall not exceed 20 

% opacity, as a 6-minute average, except 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 17 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

as provided by the rule.

e. OAC rule 3745-17-10(C)(1) 0.14 pound of filterable PM emissions per 

million Btu of actual heat input

f. OAC rule 3745-18-54(O)(3) The combined emissions from P011, 

B046 and B047 shall not exceed 3.00 

pounds of SO2 per thousand pounds of 

fresh feed.

g. OAC rule 3745-21-07(B) See b)(2)d.

h. OAC rule 3745-21-08(B) See b)(2)e. 

i. OAC rule 3745-21-08(E) See b)(2)f.

When the FCCU unit is shutdown or the CO boilers operate alone, the following 

emission limitations apply when emissions are vented to the existing CO boiler stack:

j. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

Filterable plus condensable particulate 

matter emissions (PM) shall not exceed 

2.53 pounds per hour and 11.10 tons per 

year as a rolling 12-month summation of 

the monthly emissions;

Sulfur dioxide (SO2) emissions shall not 

exceed 9.15 pounds per hour (based on 

NSPS limit of 0.027 lb SO2/mmBtu) and 

40.06 tons per year as a rolling 12-month 

summation of the monthly emissions;

Nitrogen oxides (NOx) emissions shall 

not exceed 13.60 pounds per hour and 

59.57 tons per year as a rolling 12-month 

summation of the monthly emissions;

Volatile organic compounds (VOC) shall 

not exceed 1.83 pounds per hour and 

8.03 tons per year as a rolling 12-month 

summation of the monthly emissions; and

See b)(2)b. and b)(2)g.

k. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

Particulate matter emissions less than 10 

microns in diameter (PM10) shall not 

exceed 2.53 pounds per hour and 11.10 

tons per year as a rolling 12-month 

summation of the monthly emissions;

Carbon monoxide (CO) emissions shall 

not exceed 28.00 pounds per hour and 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 18 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

122.64 tons per year as a rolling 12-

month summation of the monthly 

emissions;

See b)(2)b. and b)(2)g. 

l. OAC rule 3745-17-07(A) Visible particulate emissions from any 

stack serving this unit shall not exceed 20 

% opacity, as a 6-minute average, except 

as provided by the rule.

m. OAC rule 3745-17-10(C)(1) See b)(2)f.

n. OAC rule 3745-18-06(D) See b)(2)f.

o. OAC rule 3745-21-07(B) See b)(2)d.

p. OAC rule 3745-21-08(B) See b)(2)e.

q. OAC rule 3745-21-08(E) See b)(2)f.

(2) Additional Terms and Conditions

a. The CO Boilers (Emission Units B046 and B047) operate as control for the 

FCCU unit (Emissions Unit P011) and have combined emission limitations when 

the FCCU is operating. The monitoring, recordkeeping, reporting and testing 

requirements for the combined emission limits for P011, B046 and B047 are 

included in the terms and conditions for emissions unit (P011). The combined 

stack emissions are from the new wet gas scrubber stack.

b. The requirements of this rule also include compliance with the requirements of 

OAC rules 3745-17-07(A)(1), 3745-17-10(C)(1), 3745-18-54(O)(3), 3745-21-

08(E), 3745-21-07(B), OAC rule 3745-31-05(A), OAC rule 3745-31-05(C), and 

OAC rules 3745-31-10 through 20.

c. Beginning at startup after the FCCU expansion and by no later than December 

31, 2009, the combined SO2 emissions from the P011, B046 and B047 shall not 

exceed 25 ppmvd based on a 365-day rolling average or 50 ppmvd based on a 

7-day rolling average, each at 0% oxygen.

d. The permittee has satisfied the "latest available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-07(B) by committing to comply 

with the best available technology requirements established pursuant to OAC 

rule 3745-31-05(A)(3) in this Permit to Install.

On February 18, 2008, OAC rule 3745-21-07 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. However, 

that rule revision has not yet been submitted to the U.S. EPA as a revision to 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 19 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Ohio's State Implementation Plan (SIP). Therefore, until the SIP revision occurs 

and the U.S. EPA approves the revisions to OAC rule 3745-21-08, the 

requirement to satisfy the "best available control techniques and operating 

practices" still exists as part of the federally-approved SIP for Ohio.

e. The permittee shall satisfy the "best available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-08(B) by committing to comply 

with the best available technology (BAT) requirements established pursuant to 

OAC rule 3745-31-05(A)(3) in this permit to install. The design of the emissions 

unit and the technology associated with the current operating practices satisfy 

the BAT requirements.

On November 5, 2002, OAC rule 3745-21-08 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. This rule 

revision was submitted to the U.S. EPA as a revision to Ohio's State 

Implementation Plan (SIP). Until the U.S. EPA approves the revision to OAC rule 

3745-21-08, the requirement to satisfy the "best available control techniques and 

operating practices" still exists as part of the federally-approved SIP for Ohio.

f. The emission limitation specified by this rule is less stringent than the emission 

limitation established pursuant to OAC rule 3745-31-05(A)(3).

g. The hourly and annual emission limitations for PM, PM10, NOx, CO and VOC 

were established for PTI purposes to reflect the potential to emit for this 

emissions unit if it operated for 8760 hours per year while the FCCU (P011) is in 

a malfunction, startup or shutdown. Therefore, it is not necessary to develop 

monitoring, record keeping and/or reporting requirements to ensure compliance 

with these limitations.

c) Operational Restrictions

(1) The permittee shall burn only the off-gases from the regeneration of the catalyst in 

emissions unit P011, natural gas, refinery fuel gas and/or residual fuel oil in this 

emissions unit.

(2) The permittee shall not burn oil in this emissions unit during periods when emissions are 

vented to the existing CO Boiler stack.

d) Monitoring and/or Recordkeeping Requirements

(1) For each day during which the permittee burns a fuel other than the off gases from the 

regeneration of the catalyst in P011, natural gas, refinery fuel gas, and/or residual fuel 

oil, the permittee shall maintain a record of the type and quantity of fuel burned in this 

emissions unit.

(2) The permittee shall perform daily checks, when the emissions unit is in operation and 

emissions are vented to the existing CO Boiler stack and when the weather conditions 

allow, for any visible particulate emissions from the stack serving this emissions unit. 

The presence or absence of any visible emissions shall be noted in an operations log. If 

visible emissions are observed, the permittee shall also note the following in the 

operations log:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 20 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

a. the color of the emissions;

b. whether the emissions are representative of normal operations;

c. if the emissions are not representative of normal operations, the cause of the 

abnormal emissions;

d. the total duration of any visible emission incident; and

e. any corrective actions taken to minimize or eliminate the visible emissions.

If visible emissions are present, a visible emission incident has occurred. The observer 

does not have to document the exact start and end times for the visible emission 

incident under item (d) above or continue the daily check until the incident has ended. 

The observer may indicate that the visible emission incident was continuous during the 

observation period (or, if known, continuous during the operation of the emissions unit). 

With respect to the documentation of corrective actions, the observer may indicate that 

no corrective actions were taken if the visible emissions were representative of normal 

operations, or specify the minor corrective actions that were taken to ensure that the 

emissions unit continued to operate under normal conditions, or specify the corrective 

actions that were taken to eliminate abnormal visible emissions.

(3) REFINERY FUEL GAS SAMPLING:

The permittee shall collect samples of the refinery fuel gas system Monday through 

Friday (except holidays) for gas chromatographic analysis or other approved analytical 

method. Each normal sample point shall be collected at least two times per week in 

accordance with the schedule developed by the permittee. Each sample shall be 

collected in a sample bag, bomb, cylinder or similar device suitable for the designated 

analytical method.

(4) The permittee shall maintain daily records of the actual heating value of the refinery fuel 

gas. The actual heating value (H) of the refinery fuel gas shall be calculated from the 

results of a fuel gas compositional analysis using gas chromatography and the results 

maintained in units of Btu/scf.

(5) The permittee shall maintain records on the laboratory method used to conduct 

compositional analysis of the refinery fuel gas. The method shall be reported to the 

Toledo Division of Environmental Services in the periodic report. Any standard ASTM 

method may be used.

(6) The permittee shall maintain records of the average H2S content (in ppmv) for the 

refinery fuel gas for each day, and which hydrogen sulfide continuous emissions 

monitoring system (H2S CEMS) was used to obtain the data.

(7) The permittee shall maintain daily records (Monday through Friday) of the average SO2

emission rate for the refinery fuel gas. The SO2 emission rate shall be calculated as 

follows, in accordance with OAC rule 3745-18-04(F)(3):

ERG = ((14.696)*S*(32)*(1.998))/(H*(10.73)*(520))

Where:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 21 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

ERG = average SO2 emission rate, in pounds SO2 per mmBtu for each day;

14.696 = standard pressure, psia;

S = daily average H2S content of refinery fuel gas, ppmv;

32 = molecular weight of sulfur, lb per lb-mole;

1.998 = lb of SO2 per lb sulfur, as calculated in accordance with OAC rule 3745-18-

04(F)(3);

H = daily average heat content, Btu/scf (STP at 14.696 psia and 520 oR);

10.73 = ideal gas constant, psia-cubic feet/lb-mole oR);

520 = standard temperature, oR

(8) For each day during which the permittee burns a fuel other than off gases from the 

regeneration of the catalyst in P011, natural gas, refinery fuel gas, and residual fuel oil, 

the permittee shall maintain a record of the type, quantity, sulfur content in pound(s) of 

sulfur per mmdscf, and heating value in Btu/dscf of the fuel burned.

(9) The permittee shall maintain a record of the dates and times emissions from this 

emissions unit were vented to the existing CO Boiler stack.

e) Reporting Requirements

(1) The permittee shall submit deviation (excursion) reports that identify each day when a 

fuel other than off gases from the regeneration of the catalyst in P011, refinery fuel gas 

and residual fuel oil was burned in this emissions unit. Each report shall be submitted 

within 30 days after the deviation occurs.

(2) The permittee shall submit semiannual written reports for the CO Boiler bypass stack 

that:

a. identify all days during which any visible particulate emissions were observed 

from the stack serving this emissions unit; and 

b. describe any corrective actions taken to minimize or eliminate the visible 

particulate emissions. These reports shall be submitted to the Director (the 

appropriate Ohio EPA District Office or local air agency) by January 31 and July 

31 of each year and shall cover the previous 6-month periods.

(3) The permittee shall submit quarterly deviation (excursion) reports that identify each 

average SO2 emission rate, as calculated in d) (under REFINERY FUEL GAS), that 

exceeded the SO2 daily average emission limitation of 0.027 pound of SO2 per mmBtu of 

actual heat input for the burning of refinery fuel gas.

(4) The permittee shall submit deviation (excursion) reports that identify each day when fuel 

oil was burned in this emissions unit during periods when emissions were vented to the 

existing CO Boiler stack. Each report shall be submitted within 30 days after the 

deviation occurs.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 22 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(5) The deviation reports shall be submitted in accordance with the requirements specified 

in Section A - Standard Terms and Conditions.

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

20 percent opacity as a 6-minute average

Applicable Compliance Method:

Compliance shall be demonstrated based upon the visible particulate emission 

observations performed in accordance with the procedures specified in 40 CFR 

Part 60, Appendix A, Method 9 and the procedures of 40 CFR 60.11.

b. Emission Limitation: 

2.53 pounds of filterable plus condensable PM per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 5 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-17-03(B)(9) to determine the filterable PM emissions. Method 202 of 

40 CFR Part 51 Appendix M shall be used to determine the condensable PM 

emissions. Add the results of the Method 5 emission testing to the results of the 

Method 202 emission testing to determine the filterable and condensable PM 

emissions.

c. Emission Limitation: 

11.10 tons of PE per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable PM 

limitation (2.53 lbs/hr) by the maximum annual hours of operation (8760 hrs), and 

then dividing by 2000 lbs/ton and, therefore, if compliance is shown with the 

hourly limitation, compliance shall also be shown with the annual emission 

limitation

d. Emission Limitation: 

9.15 pounds of SO2 per hour.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 23 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

This emission limitation was based on the NSPS H2S limitation of 0.01 gr/dscf 

and converted to 0.027 lb SO2/mmBtu of heat input times the maximum heat 

input capacity of the boiler (340 mmBtu/hr) when venting to the existing CO boiler 

stack. If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 6 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-18-04.

e. Emission Limitation: 

40.06 tons of SO2 per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable SO2

emission limitation (9.15 lbs/hr) by the maximum annual hours of operation (8760 

hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is shown 

with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

f. Emission Limitation: 

13.60 pounds of NOx per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 7 of 40 

CFR Part 60 Appendix A.

g. Emission Limitation: 

59.57 tons of NOx per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable NOx 

emission limitation (13.60 lbs/hr) by the maximum annual hours of operation 

(8760 hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is 

shown with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

h. Emission Limitation: 

1.83 pounds of VOC per hour.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 24 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 25 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-21-10.

i. Emission Limitation: 

8.03 tons of VOC per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable VOC 

emission limitation (1.83 lbs/hr) by the maximum annual hours of operation (8760 

hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is shown 

with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

j. Emission Limitation: 

2.53 pounds of PM10 per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 5 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-17-03(B)(9).

k. Emission Limitation: 

11.10 tons of PE per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable PM 

limitation (2.53 lbs/hr) by the maximum annual hours of operation (8760 hrs), and 

then dividing by 2000 lbs/ton and, therefore, if compliance is shown with the 

hourly limitation, compliance shall also be shown with the annual emission 

limitation.

l. Emission Limitation:

28.00 pounds of CO per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 10 of 40 

CFR Part 60 Appendix A.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 25 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

m. Emission Limitation: 

122.64 tons of CO per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable CO 

emission limitation (28.00 lbs/hr) by the maximum annual hours of operation 

(8760 hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is 

shown with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

n. Emission Limitation:

SO2 emissions shall not exceed 0.027 lb/mmBtu of actual heat input.

Applicable Compliance Method:

Compliance with this emissions limitation shall be demonstrated by the 

monitoring and recordkeeping requirements of d) of these terms and conditions.

o. Emission Limitation:

The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 10 ppmvd.

Applicable Compliance Method:

This emission limitation is based on a manufacturer's guaranteed emission rate 

supplied by the permittee. If required, the permittee shall demonstrate 

compliance with this emission limitation using Method 8 of 40 CFR Part 60, 

Appendix A. Alternative U.S. EPA approved test methods may be used with 

prior approval from the Ohio EPA.

p. The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 215.84 tons per year, based upon 

a rolling, 365-day summation of the daily emissions.

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the maximum 

stack flow rate (317,989 dscfm) by 60 minutes per hour, multiplied by 24 

hours/day, multiplied by 365 days/year, multiplied by the maximum H2SO4 mist 

concentration (10 ppmvd), divided by 1,000,000 parts, multiply by the molecular 

weight of (98 lb/lb-mole), and divide by the molar volume (379.43 ft3/lb-mole), 

divided by 2000 pounds per ton.

g) Miscellaneous Requirements

(1) None.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 26 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

2. B047, H-021-04 CO Boiler

Operations, Property and/or Equipment Description: 

(B047) - 374 million Btu/hr Babcock and Wilcox [H-021-04] CO boiler fired with refinery fuel gas, 

a mixture of refinery process gas, landfill gas and natural gas; residual (#6) fuel oil, and CO 

(from the FCC unit) with ultra low NOx burners, SCR and WGS. If FCC unit is shutdown, 

emissions from B046 and/or B047 are not required to pass through SCR and WGS.

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

While operating as a control unit for the FCCU unit, the following emission limitations 

apply:

a. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined filterable particulate matter 

(PM) emissions from the FCCU 

(Emissions Unit P011) and the CO 

Boilers (B046 and B047) shall not exceed 

0.45 pound per thousand pounds of cokeburnoff;

The combined sulfur dioxide (SO2) 

emissions from P011, B046 and B047 

shall not exceed 316 pounds per hour;

The combined volatile organic compound 

(VOC) emissions from the FCCU 

(Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 3.67 pounds per hour;

The combined sulfuric acid (H2SO4) mist 

emissions from the FCCU (P011) and CO 

Boilers (B046 and B047) shall not exceed 

10 ppmvd and 215.84 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions; and

See b)(2)a. and b)(2)b.

b. OAC rule 3745-31-05(D) The combined nitrogen oxides (NOx) 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 27 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

emissions from P011, B046 and B047 

shall not exceed 198.51 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

The combined filterable particulate matter 

(PM) emissions from P011, B046 and 

B047 shall not exceed 165.96 tons per 

year;

The combined sulfur dioxide (SO2) 

emissions from P011, B046 and B047 

shall not exceed 345.71 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

The combined volatile organic 

compounds (VOC) emissions from the 

FCCU (Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 16.07 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

See b)(2)a., b)(2)b. and b)(2)c.

c. OAC rule 3745-31-10 through 20

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined CO emissions from P011, 

B046 and B047 shall be reduced by a 

minimum of 99% control efficiency and 

shall not exceed 500 parts per million by 

volume dry (ppmvd) at 0% oxygen as a 1-

hour average, or 180 ppmvd at 0% 

oxygen as a rolling, 365-day average, or 

1,087.28 tons per year, based upon a 

rolling, 365-day summation of the daily 

emissions; and

The combined PM10 emissions from 

P011, B046 and B047 shall be controlled 

by a minimum of 95% and shall not 

exceed 0.90 pound per thousand pounds 

of coke-burnoff or 331.92 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions.

See b)(2)a.

d. OAC rule 3745-17-07(A) Visible particulate emissions from any 

stack serving this unit shall not exceed 20 

% opacity, as a 6-minute average, except 

as provided by the rule.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 28 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

e. OAC rule 3745-17-10(C)(1) 0.14 pound of filterable PM emissions per 

million Btu of actual heat input

f. OAC rule 3745-18-54(O)(3) The combined emissions from P011, 

B046 and B047 shall not exceed 3.00 

pounds of SO2 per thousand pounds of 

fresh feed.

g. OAC rule 3745-21-07(B) See b)(2)d.

h. OAC rule 3745-21-08(B) See b)(2)e. 

i. OAC rule 3745-21-08(E) See b)(2)f.

When the FCCU unit is shutdown or the CO boilers operate alone, the following 

emission limitations apply when emissions are vented to the existing CO boiler stack:

j. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

Filterable plus condensable particulate 

matter emissions (PM) shall not exceed 

2.53 pounds per hour and 11.10 tons per 

year as a rolling 12-month summation of 

the monthly emissions;

Sulfur dioxide (SO2) emissions shall not 

exceed 9.15 pounds per hour (based on 

NSPS limit of 0.027 lb SO2/mmBtu) and 

40.06 tons per year as a rolling 12-month 

summation of the monthly emissions;

Nitrogen oxides (NOx) emissions shall 

not exceed 13.60 pounds per hour and 

59.57 tons per year as a rolling 12-month 

summation of the monthly emissions;

Volatile organic compounds (VOC) shall 

not exceed 1.83 pounds per hour and 

8.03 tons per year as a rolling 12-month 

summation of the monthly emissions; and

See b)(2)b. and b)(2)g.

k. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

Particulate matter emissions less than 10 

microns in diameter (PM10) shall not 

exceed 2.53 pounds per hour and 11.10 

tons per year as a rolling 12-month 

summation of the monthly emissions;

Carbon monoxide (CO) emissions shall 

not exceed 28.00 pounds per hour and 

122.64 tons per year as a rolling 12-

month summation of the monthly 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 29 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

emissions;

See b)(2)b. and b)(2)g. 

l. OAC rule 3745-17-07(A) Visible particulate emissions from any 

stack serving this unit shall not exceed 20 

% opacity, as a 6-minute average, except 

as provided by the rule.

m. OAC rule 3745-17-10(C)(1) See b)(2)f.

n. OAC rule 3745-18-06(D) See b)(2)f.

o. OAC rule 3745-21-07(B) See b)(2)d.

p. OAC rule 3745-21-08(B) See b)(2)e.

q. OAC rule 3745-21-08(E) See b)(2)f.

(2) Additional Terms and Conditions

a. The CO Boilers (Emission Units B046 and B047) operate as control for the 

FCCU unit (Emissions Unit P011) and have combined emission limitations when 

the FCCU is operating. The monitoring, recordkeeping, reporting and testing 

requirements for the combined emission limits for P011, B046 and B047 are 

included in the terms and conditions for emissions unit (P011). The combined 

stack emissions are from the new wet gas scrubber stack.

b. The requirements of this rule also include compliance with the requirements of 

OAC rules 3745-17-07(A)(1), 3745-17-10(C)(1), 3745-18-54(O)(3), 3745-21-

08(E), 3745-21-07(B), OAC rule 3745-31-05(A), OAC rule 3745-31-05(C), and 

OAC rules 3745-31-10 through 20.

c. Beginning at startup after the FCCU expansion and by no later than December 

31, 2009, the combined SO2 emissions from the P011, B046 and B047 shall not 

exceed 25 ppmvd based on a 365-day rolling average or 50 ppmvd based on a 

7-day rolling average, each at 0% oxygen.

d. The permittee has satisfied the "latest available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-07(B) by committing to comply 

with the best available technology requirements established pursuant to OAC 

rule 3745-31-05(A)(3) in this Permit to Install.

On February 18, 2008, OAC rule 3745-21-07 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. However, 

that rule revision has not yet been submitted to the U.S. EPA as a revision to 

Ohio's State Implementation Plan (SIP). Therefore, until the SIP revision occurs 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 30 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

and the U.S. EPA approves the revisions to OAC rule 3745-21-08, the 

requirement to satisfy the "best available control techniques and operating 

practices" still exists as part of the federally-approved SIP for Ohio.

e. The permittee shall satisfy the "best available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-08(B) by committing to comply 

with the best available technology (BAT) requirements established pursuant to 

OAC rule 3745-31-05(A)(3) in this permit to install. The design of the emissions 

unit and the technology associated with the current operating practices satisfy 

the BAT requirements.

On November 5, 2002, OAC rule 3745-21-08 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. This rule 

revision was submitted to the U.S. EPA as a revision to Ohio's State 

Implementation Plan (SIP). Until the U.S. EPA approves the revision to OAC rule 

3745-21-08, the requirement to satisfy the "best available control techniques and 

operating practices" still exists as part of the federally-approved SIP for Ohio.

f. The emission limitation specified by this rule is less stringent than the emission 

limitation established pursuant to OAC rule 3745-31-05(A)(3).

g. The hourly and annual emission limitations for PM, PM10, NOx, CO and VOC 

were established for PTI purposes to reflect the potential to emit for this

emissions unit if it operated for 8760 hours per year while the FCCU (P011) is in 

a malfunction, startup or shutdown. Therefore, it is not necessary to develop 

monitoring, record keeping and/or reporting requirements to ensure compliance 

with these limitations.

c) Operational Restrictions

(1) The permittee shall burn only the off-gases from the regeneration of the catalyst in 

emissions unit P011, natural gas, refinery fuel gas and/or residual fuel oil in this 

emissions unit.

(2) The permittee shall not burn oil in this emissions unit during periods when emissions are 

vented to the existing CO Boiler stack.

d) Monitoring and/or Recordkeeping Requirements

(1) For each day during which the permittee burns a fuel other than the off gases from the 

regeneration of the catalyst in P011, natural gas, refinery fuel gas, and/or residual fuel 

oil, the permittee shall maintain a record of the type and quantity of fuel burned in this 

emissions unit.

(2) The permittee shall perform daily checks, when the emissions unit is in operation and 

emissions are vented to the existing CO Boiler stack and when the weather conditions 

allow, for any visible particulate emissions from the stack serving this emissions unit. 

The presence or absence of any visible emissions shall be noted in an operations log. If 

visible emissions are observed, the permittee shall also note the following in the 

operations log:

a. the color of the emissions;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 31 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

b. whether the emissions are representative of normal operations;

c. if the emissions are not representative of normal operations, the cause of the 

abnormal emissions;

d. the total duration of any visible emission incident; and

e. any corrective actions taken to minimize or eliminate the visible emissions.

If visible emissions are present, a visible emission incident has occurred. The observer 

does not have to document the exact start and end times for the visible emission 

incident under item (d) above or continue the daily check until the incident has ended. 

The observer may indicate that the visible emission incident was continuous during the 

observation period (or, if known, continuous during the operation of the emissions unit). 

With respect to the documentation of corrective actions, the observer may indicate that 

no corrective actions were taken if the visible emissions were representative of normal 

operations, or specify the minor corrective actions that were taken to ensure that the 

emissions unit continued to operate under normal conditions, or specify the corrective 

actions that were taken to eliminate abnormal visible emissions.

(3) REFINERY FUEL GAS SAMPLING:

The permittee shall collect samples of the refinery fuel gas system Monday through 

Friday (except holidays) for gas chromatographic analysis or other approved analytical 

method. Each normal sample point shall be collected at least two times per week in 

accordance with the schedule developed by the permittee. Each sample shall be 

collected in a sample bag, bomb, cylinder or similar device suitable for the designated 

analytical method.

(4) The permittee shall maintain daily records of the actual heating value of the refinery fuel 

gas. The actual heating value (H) of the refinery fuel gas shall be calculated from the 

results of a fuel gas compositional analysis using gas chromatography and the results 

maintained in units of Btu/scf.

(5) The permittee shall maintain records on the laboratory method used to conduct 

compositional analysis of the refinery fuel gas. The method shall be reported to the 

Toledo Division of Environmental Services in the periodic report. Any standard ASTM 

method may be used.

(6) The permittee shall maintain records of the average H2S content (in ppmv) for the 

refinery fuel gas for each day, and which hydrogen sulfide continuous emissions 

monitoring system (H2S CEMS) was used to obtain the data.

(7) The permittee shall maintain daily records (Monday through Friday) of the average SO2

emission rate for the refinery fuel gas. The SO2 emission rate shall be calculated as 

follows, in accordance with OAC rule 3745-18-04(F)(3):

ERG = ((14.696)*S*(32)*(1.998))/(H*(10.73)*(520))

Where:

ERG = average SO2 emission rate, in pounds SO2 per mmBtu for each day;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 32 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

14.696 = standard pressure, psia;

S = daily average H2S content of refinery fuel gas, ppmv;

32 = molecular weight of sulfur, lb per lb-mole;

1.998 = lb of SO2 per lb sulfur, as calculated in accordance with OAC rule 3745-18-

04(F)(3);

H = daily average heat content, Btu/scf (STP at 14.696 psia and 520 oR);

10.73 = ideal gas constant, psia-cubic feet/lb-mole oR);

520 = standard temperature, oR

(8) For each day during which the permittee burns a fuel other than off gases from the 

regeneration of the catalyst in P011, natural gas, refinery fuel gas, and residual fuel oil, 

the permittee shall maintain a record of the type, quantity, sulfur content in pound(s) of 

sulfur per mmdscf, and heating value in Btu/dscf of the fuel burned.

(9) The permittee shall maintain a record of the dates and times emissions from this 

emissions unit were vented to the existing CO Boiler stack.

e) Reporting Requirements

(1) The permittee shall submit deviation (excursion) reports that identify each day when a 

fuel other than off gases from the regeneration of the catalyst in P011, refinery fuel gas 

and residual fuel oil was burned in this emissions unit. Each report shall be submitted 

within 30 days after the deviation occurs.

(2) The permittee shall submit semiannual written reports for the CO Boiler bypass stack 

that:

a. identify all days during which any visible particulate emissions were observed 

from the stack serving this emissions unit; and 

b. describe any corrective actions taken to minimize or eliminate the visible 

particulate emissions. These reports shall be submitted to the Director (the 

appropriate Ohio EPA District Office or local air agency) by January 31 and July 

31 of each year and shall cover the previous 6-month periods.

(3) The permittee shall submit quarterly deviation (excursion) reports that identify each 

average SO2 emission rate, as calculated in d) (under REFINERY FUEL GAS), that 

exceeded the SO2 daily average emission limitation of 0.027 pound of SO2 per mmBtu of 

actual heat input for the burning of refinery fuel gas.

(4) The permittee shall submit deviation (excursion) reports that identify each day when fuel 

oil was burned in this emissions unit during periods when emissions were vented to the 

existing CO Boiler stack. Each report shall be submitted within 30 days after the 

deviation occurs.

(5) The deviation reports shall be submitted in accordance with the requirements specified 

in Section A - Standard Terms and Conditions.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 33 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

20 percent opacity as a 6-minute average

Applicable Compliance Method:

Compliance shall be demonstrated based upon the visible particulate emission 

observations performed in accordance with the procedures specified in 40 CFR 

Part 60, Appendix A, Method 9 and the procedures of 40 CFR 60.11.

b. Emission Limitation: 

2.53 pounds of filterable plus condensable PM per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 5 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-17-03(B)(9) to determine the filterable PM emissions. Method 202 of 

40 CFR Part 51 Appendix M shall be used to determine the condensable PM 

emissions. Add the results of the Method 5 emission testing to the results of the 

Method 202 emission testing to determine the filterable and condensable PM 

emissions.

c. Emission Limitation: 

11.10 tons of PE per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable PM 

limitation (2.53 lbs/hr) by the maximum annual hours of operation (8760 hrs), and 

then dividing by 2000 lbs/ton and, therefore, if compliance is shown with the 

hourly limitation, compliance shall also be shown with the annual emission 

limitation

d. Emission Limitation: 

9.15 pounds of SO2 per hour.

Applicable Compliance Method:

This emission limitation was based on the NSPS H2S limitation of 0.01 gr/dscf 

and converted to 0.027 lb SO2/mmBtu of heat input times the maximum heat 

input capacity of the boiler (340 mmBtu/hr) when venting to the existing CO boiler 

stack. If required, the permittee shall demonstrate compliance with this emission 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 34 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

limitation through emission testing performed in accordance with Method 6 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-18-04.

e. Emission Limitation: 

40.06 tons of SO2 per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable SO2

emission limitation (9.15 lbs/hr) by the maximum annual hours of operation (8760 

hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is shown 

with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

f. Emission Limitation: 

13.60 pounds of NOx per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 7 of 40 

CFR Part 60 Appendix A.

g. Emission Limitation: 

59.57 tons of NOx per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable NOx 

emission limitation (13.60 lbs/hr) by the maximum annual hours of operation 

(8760 hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is 

shown with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

h. Emission Limitation: 

1.83 pounds of VOC per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 25 of 40

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-21-10.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 35 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

i. Emission Limitation: 

8.03 tons of VOC per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable VOC 

emission limitation (1.83 lbs/hr) by the maximum annual hours of operation (8760 

hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is shown 

with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

j. Emission Limitation: 

2.53 pounds of PM10 per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 5 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-17-03(B)(9).

k. Emission Limitation: 

11.10 tons of PE per year as a rolling 12-month summation of the monthly 

emissions.

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable PM 

limitation (2.53 lbs/hr) by the maximum annual hours of operation (8760 hrs), and 

then dividing by 2000 lbs/ton and, therefore, if compliance is shown with the 

hourly limitation, compliance shall also be shown with the annual emission 

limitation.

l. Emission Limitation:

28.00 pounds of CO per hour.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 10 of 40 

CFR Part 60 Appendix A.

m. Emission Limitation: 

122.64 tons of CO per year as a rolling 12-month summation of the monthly 

emissions.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 36 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

This emission limitation was developed by multiplying the hourly allowable CO 

emission limitation (28.00 lbs/hr) by the maximum annual hours of operation 

(8760 hrs), and then dividing by 2000 lbs/ton and, therefore, if compliance is 

shown with the hourly limitation, compliance shall also be shown with the annual 

emission limitation.

n. Emission Limitation:

SO2 emissions shall not exceed 0.027 lb/mmBtu of actual heat input.

Applicable Compliance Method:

Compliance with this emissions limitation shall be demonstrated by the 

monitoring and recordkeeping requirements of d) of these terms and conditions.

o. Emission Limitation:

The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 10 ppmvd.

Applicable Compliance Method:

This emission limitation is based on a manufacturer's guaranteed emission rate 

supplied by the permittee. If required, the permittee shall demonstrate 

compliance with this emission limitation using Method 8 of 40 CFR Part 60, 

Appendix A. Alternative U.S. EPA approved test methods may be used with 

prior approval from the Ohio EPA.

p. The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 215.84 tons per year, based upon 

a rolling, 365-day summation of the daily emissions.

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the maximum 

stack flow rate (317,989 dscfm) by 60 minutes per hour, multiplied by 24 

hours/day, multiplied by 365 days/year, multiplied by the maximum H2SO4 mist 

concentration (10 ppmvd), divided by 1,000,000 parts, multiply by the molecular 

weight of (98 lb/lb-mole), and divide by the molar volume (379.43 ft3/lb-mole), 

divided by 2000 pounds per ton.

g) Miscellaneous Requirements

(1) None.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 37 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

3. J006, LPG Railcar Loading

Operations, Property and/or Equipment Description: 

(J006) (formerly P021) - Propylene-Propane railcar load rack with 6 loading arms using 

pressurized loading

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

1.60 tons per year volatile organic 

compounds (VOC) per rolling 12-month 

summation of the monthly emissions

See b)(2)a. and b.

b. OAC rule 3745-21-07(E)(1)(c) See b)(2)g.

EQUIPMENT LEAKS

c. 40 CFR 63, subpart A See b)(2)c. and d.

d.40 CFR 63, subpart CC See b)(2)d. and e.

e. OAC rule 3745-21-09(T) See b)(2)f.

(2) Additional Terms and Conditions

a. The requirements of this rule also include compliance with the requirements of 

OAC rule 3745-21-09(T) and 40 CFR part 63 subparts A and C.

b. This emissions unit has been in operation for more than 12 months and, as such, 

the permittee has existing records to generate the rolling, 12-month summation 

of the VOC emissions, upon issuance of this permit. The emissions of VOC from 

this emissions unit shall not exceed 1.60 tons per year, based upon a rolling, 12-

month summation of the VOC emissions.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 38 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

c. 40 CFR part 63 subpart A provides applicability provisions, definitions, and other 

general provisions that are pertinent to emissions units affected by 40 CFR part 

63.

d. Table 6 of 40 CFR part 63 subpart CC specifies the provisions of 40 CFR part 63 

subpart A that apply and those that do not apply to permittees of sources subject 

to subpart CC of 40 CFR part 63.

e. Refer to emissions unit P801, of this permit for the applicable equipment leak 

provisions found in b)(2), c), d), e) and f), referencing 40 CFR part 60, subpart 

VV.

f. OAC rule 3745-21-09(T)

i. The monitoring, recordkeeping and reporting requirements of 40 CFR part 

63, subpart CC contain a degree of compliance and control greater than 

this applicable regulation. Compliance with this applicable regulation may 

be demonstrated by maintaining compliance with 40 CFR part63, subpart 

CC for those components affected by both regulations.

ii. Refer to emissions unit P801, of this permit for the state requirements for

equipment leaks found in b)(2), c), d), e) and f), referencing OAC 3745-

21-09(T).

g. The volatile photochemically reactive material is loaded under pressure and is 

loaded in pressurized railroad tank cars. Under normal operating conditions, 

there are no vapors displaced from the tank cars during loading and, therefore, 

complies with this rule by design.

c) Operational Restrictions

(1) See the applicable terms and conditions in emissions unit P801, for equipment leaks in 

c), referencing 40 CFR part 60, subpart VV and OAC rule 3745-21-09(T).

d) Monitoring and/or Recordkeeping Requirements

(1) See the applicable terms and conditions in emissions unit P801, for equipment leaks in 

d) referencing 40 CFR part 60, subpart VV and OAC rule 3745-21-09(T).

(2) The permittee shall monitor and record the monthly throughput (in gallons) of this 

emissions unit.

(3) The permittee shall calculate and record monthly, the emissions of VOC from this 

emissions unit as a rolling, 12-month summation of the monthly emissions (in tons per 

year).

e) Reporting Requirements

(1) See the applicable terms and conditions in emissions unit P801, for equipment leaks in 

e), referencing 40 CFR part 60, subpart VV and OAC rule 3745-21-09(T).

(2) The permittee shall submit quarterly deviation (excursion) reports which identify all 

exceedances of the rolling, 12-month emission limitation for J006. These reports shall 
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Effective Date: 2/23/2009

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be submitted in accordance with the reporting requirements specified in Section A -

Standard Terms and Conditions.

f) Testing Requirements

(1) See the applicable terms and conditions in emissions unit P801, for equipment leaks in 

f), referencing 40 CFR part 60, subpart VV and OAC rule 3745-21-09(T).

(2) Compliance with the emission limitation(s) of these terms and conditions shall be 

determined in accordance with the following methods(s):

a. Emission limitation: 

1.60 tons of VOC per year, based upon a rolling, 12-month summation of the 

monthly emissions

Applicable compliance method: 

Compliance with the annual emission limitation shall be demonstrated through 

the monitoring and record keeping requirements of d). While loading the 

propane-propylene (PP) mix, the annual emissions shall be calculated using the 

company supplied emission factor of 0.0935 lb VOC per 1000 gallons multiplied 

by the annual throughput and divide by 2000 lbs per ton. While loading number 2 

fuel oil, the annual emissions shall be calculated using the company supplied 

emission factor of 0.01 lb VOC per 1000 gallons loaded multiplied by the annual 

throughput and divide by 2000 lbs per ton and added to the previous calculated 

emissions for the PP mix.

g) Miscellaneous Requirements

(1) The terms and conditions contained in this Permit to Install for emissions unit J006 

(formerly P021) supercedes all requirements for P021 contained in PTI 04-0302 issued 

February 20, 1986.
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4. P009, PL4 Flare

Operations, Property and/or Equipment Description: 

(P009) - Plant 4 Flare, steam assisted; used as a control device for hydrocarbon emissions to 

the atmosphere from process vents, malfunctions, and emergency relief.

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3) Nitrogen oxides (NOx) emissions shall 

not exceed 15.23 pounds per hour and 

66.71 tons per year, based upon a rolling, 

365-day summation of the daily 

emissions;

Filterable plus condensable particulate 

matter (PM) emissions shall not exceed 

1.16 pounds per hour and 5.08 tons per 

year, based upon a rolling, 365-day 

summation of the daily emissions;

Sulfur dioxide (SO2) emissions shall not 

exceed 4.20 pounds per hour and 18.40

tons per year, based upon a rolling, 365-

day summation of the daily emissions;

Volatile organic compounds (VOC) 

emissions shall not exceed 0.84 pound 

per hour and 3.68 tons per year, based 

upon a rolling, 365-day summation of the 

daily emissions; and

See b)(2)g. and b)(2)h.

b. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

See b)(2)d. and b)(2)e.

c. OAC rule 3745-17-11(A)(2) See b)(2)i.
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Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

d. OAC rule 3745-18-06(E) See b)(2)i.

e. OAC rule 3745-21-07(B) See b)(2)j.

f. OAC rule 3745-21-07(J)(3) See b)(2)b.

g. OAC rule 3745-21-08(B) See b)(2)k.

h. 40 CFR Part 63, Subpart A The flares shall be designed for and 

operated with no visible emissions, 

except for periods not to exceed a total of 

5 minutes during any 2 consecutive 

hours.

See b)(2)a.

i. 40 CFR Part 63, Subpart CC See b)(2)c.

j. 40 CFR Part 60, Subpart A See b)(2)c.

k. 40 CFR Part 60, Subpart J See b)(2)f.

l. 40 CFR Part 60, Subpart GGG See b)(2)b.

m. OAC rule 3745-31-10 through 20 CO emissions shall not exceed 12.80

pounds per hour, 0.082 pound per million 

Btu of heat input, and 56.07 tons per 

year, based upon a rolling, 365-day 

summation of the daily emissions;

Particulate matter emissions less than 10 

microns in diameter (PM10) shall not 

exceed 1.16 pounds per hour, 0.0074 

pound per million Btu of heat input, and 

5.08 tons per year, based upon a rolling, 

365-day summation of the daily 

emissions; and

See b)(2)g.

(2) Additional Terms and Conditions

a. The permittee shall comply with the flare control device requirements found in 40 

CFR Part 63.11, Subpart A.

b. The requirements specified by this rule are equivalent to or less stringent than 

those specified by 40 CFR Part 63.11, Subpart A.

c. Pursuant to 40 CFR Part 63.640(p), because this flare is a control device for an 

emissions unit that is subject to 40 CFR Part 60, Subparts A and GGG, the flare 

will be required to comply only with the provisions of 40 CFR Part 63, Subpart 

CC with respect to the Control Device Requirements under 40 CFR Part 60, 

Subpart A, Section 60.11.

d. The permittee shall comply with the NSPS Subpart J requirements for 

hydrocarbon flaring devices by December 31, 2009.
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e. Compliance with the emission limitation under NSPS Subpart J, 40 CFR. 

60.104(a)(1).

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

For continuous or intermittent, routinely-generated refinery gases that are 

combusted in any of the NSPS Hydrocarbon Flaring Devices, the 

permittee shall comply with the emission limit at 40 CFR 60.104(a)(1) by 

December 31, 2009.

ii. Non-Routinely Generated Gases

The combustion of gases generated by the startup, shutdown, or 

malfunction of a refinery process unit or released to an NSPS Flaring 

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

are exempt from the requirement to comply with 40 CFR 60.104(a)(1).

f. [60.104(a)(1)]

The permittee shall not burn in any fuel gas combustion device any fuel gas that 

contains a hydrogen sulfide (H2S) in excess of 230 mg/dscm (0.10 gr/dscf). The 

combustion in a flare of process upset gases or fuel gas that is released to the 

flare as a result of relief valve leakage or other emergency malfunctions is 

exempt from this paragraph.

g. The hourly and annual emission limitations for CO, NOx, PM, PM10, and VOC 

were established for PTI purposes to reflect the potential to emit for this 

emissions unit. Therefore, it is not necessary to develop monitoring, record 

keeping and/or reporting requirements to ensure compliance with these 

limitations.

h. The requirements of this rule also include compliance with the requirements of 

OAC rules 3745-21-07(J)(3), 3745-31-10 through 20, 40 CFR Part 60, Subparts 

A and J, and 40 CFR Part 63, Subparts A and CC.

i. The emission limitation specified by this rule is less stringent than the emission 

limitation established pursuant to OAC rule 3745-31-05(A)(3).

j. The permittee has satisfied the "latest available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-07(B) by committing to comply 

with the best available technology requirements established pursuant to OAC 

rule 3745-31-05(A)(3) in this Permit to Install.

On February 18, 2008, OAC rule 3745-21-07 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. However, 

that rule revision has not yet been submitted to the U.S. EPA as a revision to 

Ohio's State Implementation Plan (SIP). Therefore, until the SIP revision occurs 

and the U.S. EPA approves the revisions to OAC rule 3745-21-08, the 

requirement to satisfy the "best available control techniques and operating 

practices" still exists as part of the federally-approved SIP for Ohio.

k. The permittee shall satisfy the "best available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-08(B) by committing to comply 

with the best available technology (BAT) requirements established pursuant to 

OAC rule 3745-31-05(A)(3) in this permit to install. The design of the emissions 
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unit and the technology associated with the current operating practices satisfy 

the BAT requirements. 

On November 5, 2002, OAC rule 3745-21-08 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. This rule 

revision was submitted to the U.S. EPA as a revision to Ohio's State 

Implementation Plan (SIP). Until the U.S. EPA approves the revision to OAC rule 

3745-21-08, the requirement to satisfy the "best available control techniques and 

operating practices" still exists as part of the federally-approved SIP for Ohio

c) Operational Restrictions

(1) [CD, section J.48.a.]

The permittee shall meet the NSPS Subparts A and J requirements by using one or any 

combination of the following methods:

a. Operating and maintaining a flare gas recovery system to prevent continuous or 

routine combustion in this emissions unit. Use of a flare gas recovery system on 

a flare obviates the need to continuously monitor emissions as otherwise 

required by 40 CFR 60.105(a)(4);

b. Eliminating the routes of continuous or intermittent, routinely-generated refinery 

fuel gases to this emissions unit and operating the flaring device such that it only 

receives non-routinely generated gases, process upset gases, fuel gas released 

as a result of relief valve leakage or gases released due to other emergency 

malfunctions; or

c. Operating this emissions unit as a fuel gas combustion device, monitoring it for

the continuous or intermittent, routinely-generated refinery fuel gas streams put 

into the flare header, with:

i. a CEMS as required by 40 CFR 60.105(a)(4); or

ii. a parametric monitoring system approved by U.S. EPA under 40 CFR 

60.13(i); or

iii. an alternative monitoring system approved by U.S. EPA under 40 CFR 

60.13(i).

The permittee shall identify the options that were implemented for each NSPS 

Hydrocarbon Flaring Device in the first report due after compliance with this 

section is achieved.

(2) [63.11] FLARE REQUIREMENTS - 40 CFR Part 63, Subpart A

a. [63.11(a)] 

Control device requirements. Applicability. 40 CFR Part 63.11 contains 

requirements for control devices used to comply with provisions in relevant 

standards. These requirements apply only to affected emissions units covered 

by relevant standards referring directly or indirectly to this section.
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Effective Date: 2/23/2009

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b. [63.11(b)]

i. [63.11(b)(1)]

Permittees using flares to comply with the provisions of 40 CFR Part 63, 

Subpart A, shall monitor these control devices to assure that they are 

operated and maintained in conformance with their designs.

ii. 63.11(b)(2)] and [60.18(c)(6)]

Flares shall be steam-assisted, air-assisted, or non-assisted.

iii. [63.11(b)(3)] and [60.18(e)]

Flares shall be operated at all times when emissions may be vented to 

them.

iv. [63.11(b)(5)] and [60.18(c)(2)]

Flares shall be operated with a flame present at all times. The presence 

of a flare pilot flame shall be monitored using a thermocouple or any other 

equivalent device to detect the presence of a flame.

v. [63.11(b)(6)]

The permittee has the choice of adhering to the heat content 

specifications in 40 CFR Part 63.11(b)(6)(ii), and the maximum tip velocity 

specifications in 63.11(b)(7) or adhering to the requirements in 

63.11(b)(6)(i).

(a) [63.11(b)(6)(i)]

Flares shall be used that have a diameter of 3 inches or greater, 

are nonassisted, have a hydrogen content of 8.0 percent (by 

volume) or greater, and are designed for and operated with an exit 

velocity less than 37.2 m/sec (122 ft/sec) and less than the 

velocity Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

where:

Vmax = maximum permitted velocity, m/sec; 

K1 = constant, 6.0 volume-percent hydrogen; 

K2 = constant, 3.9(m/sec)/volume-percent hydrogen; and 

XH2 = the volume-percent of hydrogen, on a wet basis, as 

calculated by using the American Society for Testing and 

Materials (ASTM) Method D1946-77 (Incorporated by reference 

as specified in 40 CFR Part 63.14).

The actual exit velocity of a flare shall be determined by the 

method specified in 40 CFR Part 63.11(b)(7)(i).

(b) [63.11(b)(6)(ii)], [60.18(c)(3)] and [60.18(f)(3)]

Flares shall be used only with the net heating value of the gas 

being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the 
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flare is steam-assisted or air-assisted; or with the net heating 

value of the gas being combusted at 7.45 M/scm (200 Btu/scf) or 

greater if the flares is non-assisted. The net heating value of the 

gas being combusted in a flare shall be calculated using the 

equation found in 40 CFR Part 63.11(b)(6)(ii).

vi. [63.11(b)(7)]

(a) 63.11(b)(7)(i)], [60.18(c)(4)(i)] and [60.18(f)(4)]

Steam-assisted and nonassisted flares shall be designed for and 

operated with an exit velocity less than 18.3 m/sec (60 ft/sec), 

except as provided in 40 CFR Part 63.11(b)(7)(ii) and (b)(7)(iii). 

The actual exit velocity of a flare shall be determined by dividing 

by the volumetric flow rate of gas being combusted (in units of 

emission standard temperature and pressure), as determined by 

Test Methods 2, 2A, 2C, or 2D in Appendix A to 40 CFR Part 60, 

of this chapter, as appropriate, by the unobstructed (free) crosssectional area of the flare tip.

(b) [63.11(b)(7)(ii)] and [60.18(c)(4)(ii)]

Steam-assisted and nonassisted flares designed for and operated 

with an exit velocity, as determined by the method specified in 40 

CFR Part 63.11(b)(7)(i), equal to or greater than 18.3 m/sec (60 

ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net 

heating value of the gas being combusted is greater than 37.3 

MJ/scm (1,000 Btu/scf).

(c) [63.11(b)(7)(iii)] and [60.18(e)(5)]

Steam-assisted and nonassisted flares designed for and operated 

with an exit velocity, as determined by the method specified in 40 

CFR Part 63.11(b)(7)(i) [See section A.II], less than the velocity 

Vmax, as determined by the method specified in this paragraph, 

but less than 122 m/sec (400 ft/sec) are allowed. The maximum 

permitted velocity, Vmax, for flares complying with this paragraph 

shall be determined by the following equation: 

Log10(Vmax)=(HT+28.8)/31.7 

where:

Vmax = maximum permitted velocity, m/sec;

28.8 = constant;

31.7 = constant; and

HT = the net heating value as determined in 40 CFR Part 

63.11(b)(6).

(3) [CD, section L.64] CONTROL OF HYDROCARBON FLARING INCIDENTS

The permittee shall at all times and to the extent practicable, including during periods of 

Startup, Shutdown, upset and/or Malfunction of refinery process units, implement good 
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air pollution control practices to minimize emissions from its Hydrocarbon Flaring 

Devices consistent with 40 CFR 60.11(d). The permittee shall implement such good air 

pollution control practices to minimize Hydrocarbon Flaring Incidents by investigating, 

reporting and correcting all Hydrocarbon Flaring Incidents in accordance with the 

procedures in Paragraph 64 of the Consent Decree entered March 14, 2006.

As defined by the Consent Decree, “Hydrocarbon Flaring Incident” or “HC Flaring 

Incident” shall mean the continuous or intermittent Hydrocarbon Flaring, except for Acid 

Gas or Sour Water Stripper Gas or Tail Gas, at a Hydrocarbon Flaring Device that 

results in the emission of 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 have been emitted in any 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 HC Flaring Incident 

shall have occurred. Subsequent, contiguous, non-overlapping periods are measured 

from the initial commencement of Flaring within the HC Flaring Incident.

d) Monitoring and/or Recordkeeping Requirements

(1) The permittee shall maintain records which provide the following information for each 

known relief which results in non-smokeless operation of the flare.

a. the date, time, and duration of the relief;

b. the flare involved;

c. the process unit(s) associated with the relief;

d. the cause of the relief; and

e. the corrective actions taken.

(2) The permittee shall record the following information each day:

a. all periods during which there was no pilot flame; and 

b. the operating times for the flare, monitoring equipment, and the associated 

emissions unit.

(3) Periodic maintenance may be required for properly designed and operated flare gas 

recovery systems. The permittee shall take all reasonable measures to minimize 

emissions while such periodic maintenance on a flare gas recovery system is being 

performed.

(4) [CD, section J.49.] HYDROCARBON FLARING DEVICES

The permittee shall at all times and to the extent practicable, including during periods of 

Startup, Shutdown, upset and/or Malfunction of refinery process units, implement good 

air pollution control practices to minimize emissions from its Hydrocarbon Flaring 

Devices consistent with 40 CFR. 60.11(d). The permittee shall implement such good air 

pollution control practices to minimize Hydrocarbon Flaring Incidents by investigating, 

reporting and correcting all Hydrocarbon Flaring Incidents.
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(5) The permittee shall install, calibrate, maintain, and operate continuous monitoring 

systems as follows:

a. an instrument for continuously monitoring and recording the concentration (dry 

basis) of H2S in fuel gases before being burned in any fuel gas combustion 

device.

i. The span value for this instrument is 425 mg/dscm H2S.

ii. Fuel gas combustion devices having a common source of fuel gas may 

be monitored at only one location, if monitoring at this location accurately 

represents the concentration of H2S in the fuel gas being burned.

iii. The performance evaluations for this H2S monitor under 40 CFR 60.13(c) 

shall use Performance Specification 7. Method 11, 15, 15A, or 16 shall be 

used for conducting the relative accuracy evaluations.

b. The permittee shall maintain records of data obtained by the continuous 

hydrogen sulfide monitoring system including, but not limited to:

i. emissions of hydrogen sulfide in parts per million on an instantaneous 

(one-minute) basis;

ii. emissions of hydrogen sulfide, in all units of the applicable standard(s) 

and in the appropriate averaging period;

iii. results of quarterly cylinder gas audits;

iv. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

v. results of required relative accuracy test audit(s), including results in units 

of the applicable standard(s);

vi. hours of operation of the emissions unit, continuous hydrogen sulfide 

monitoring system, and control equipment;

vii. the date, time, and hours of operation of the emissions unit without the 

control equipment and/or the continuous hydrogen sulfide monitoring 

system;

viii. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous hydrogen 

sulfide monitoring system; as well as,

ix. the reason (if known) and the corrective actions taken (if any) for each 

such event in (vii) and (viii).

NOTE: Valid minute by minute CEMS data shall not be required during periods in 

which scheduled CEMS system maintenance events (such as system blowbacks) occur. Minute by minute data recorded during a scheduled maintenance 

event shall be flagged as invalid due to the scheduled maintenance event, and 

not used in future compliance determination calculations.
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Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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In lieu of installing a hydrogen sulfide continuous monitoring system specified under 40 

CFR 60.105(a)(4), the permittee may request pursuant to 40 CFR 60.13(i) permission 

from U.S. EPA to use an alternative monitoring plan.

(6) [CD, section K] ACID GAS FLARING INCIDENTS 

As defined by the Consent Decree, “Acid Gas Flaring Incident” or “AG Flaring Incident” 

shall mean the continuous or intermittent combustion of Acid Gas and/or Sour Water 

Stripper Gas 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 have 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.

a. [CD, section K.52] 

The permittee shall investigate the cause of Acid Gas Flaring, take reasonable 

steps to correct the conditions that have caused or contributed to such Acid Gas 

Flaring, and minimize Acid Gas Flaring. The permittee shall follow the 

procedures in this section "Acid Gas Flaring Incidents" to evaluate whether Acid 

Gas/Sour Water Stripper Gas Flaring Incidents are due to Malfunctions.

b. [CD, section K.54. a. through d.] Corrective Action.

i. In response to any AG Flaring Incident, the permittee 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 AG Flaring Incident.

As defined by the Consent Decree, “Root Cause” shall mean the primary 

cause(s) of an AG Flaring Incident(s), or Hydrocarbon Flaring Incident as 

determined through a process of investigation.

ii. If EPA does not notify the permittee in writing within 45 days of receipt of 

the report(s) required by e)(3) that it objects to one or more aspects of the 

proposed corrective action(s) and schedule(s) of implementation, if any, 

then that (those) action(s) and schedule(s) shall be deemed acceptable 

for purposes of compliance with this paragraph. EPA does not, however, 

by its failure to object to any corrective action that the permittee may take 

in the future, warrant or aver in any manner that any corrective actions in 

the future shall result in compliance with the provisions of the Clean Air 

Act or its implementing regulations.

iii. If EPA objects, in whole or in part, to the proposed corrective action(s) 

and/or the schedule(s) of implementation or, where applicable, to the 

absence of such proposal(s) and/or schedule(s), it shall notify the 

permittee and explain the basis for its objection (s) in writing within 45 

days following receipt of the report(s) required by e)(3). The permittee 

shall respond within 45 days to EPA’s objection(s).
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iv. Nothing in d)(6) or e)(3) shall be construed to limit the right of the 

permittee to take such corrective actions as it deems necessary and 

appropriate immediately following an Acid Gas Flaring Incident or in the 

period during preparation and review of any reports required under this 

paragraph.

c. [CD, section K.62.a. through c.] Emission Calculations

i. Calculation of the Quantity of Sulfur Dioxide Emissions Resulting from AG 

Flaring.

The quantity of SO2 emissions resulting from AG Flaring Incident shall be 

calculated by the following formula: 

Tons of SO2 = [FR][TD][ConcH2S][8.44x10-5].

Where:

FR = Average Flow Rate to Flaring Device(s) during Flaring Incident in 

standard cubic feet per hour

TD = Total Duration of Flaring Incident in hours

ConcH2S = Average Concentration of Hydrogen Sulfide in gas during 

Flaring Incident (or immediately prior to Flaring Incident if all gas is being 

flared) expressed as a volume fraction (scf H2S/scf gas)

8.44 x 10-5 = [lb mole H2S/379 scf H2S][64 lbs SO2/lb mole 

H2S][Ton/2000 lbs]

The quantity of SO2 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 of SO2 emitted shall be rounded to 10.1 tons, and less 

than 10.050 shall be rounded to 10.0.) For purposes of determining the 

occurrence of, or the total quantity of SO2 emissions resulting from, an 

AG Flaring Incident that is comprised of intermittent AG Flaring, the 

quantity of SO2emitted shall be equal to the sum of the quantities of SO2

flared during each 24-hour period starting when the Acid Gas was first 

flared.

ii. Calculation of the Rate of SO2 Emissions During AG Flaring

The rate of SO2 emissions resulting from AG Flaring Incident shall be 

expressed in terms of pounds per hour and shall be calculated by the 

following formula:

ER = [FR][ConcH2S][0.169].

Where:

ER = Emission Rate in pounds of SO2 per hour

0.169 = [lb mole H2S/379 scf H2S][1.0 lb mole SO2/1 lb mole H2S][64 lb 

SO2/1.0 lb mole SO2]
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

Division of Air Pollution Control

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 

of SO2 per hour, the emission rate shall be rounded to 20.0 pounds of 

SO2 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.)

The flow of gas to the AG 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 

tutwiler or draeger tube analysis or by any other method approved by 

EPA or the Ohio EPA. In the event that any of these data points is 

unavailable or inaccurate, the missing data point(s) shall be estimated 

according to best engineering judgment. The report required under e)(3) 

shall include the data used in the calculation and an explanation of the 

basis for any estimates of missing data points.

(7) Within 180 days of installing the H2S continuous monitoring system, the permittee shall 

develop and maintain a written quality assurance/quality control plan for the continuous 

hydrogen sulfide monitoring system, designed to ensure continuous valid and 

representative readings of hydrogen sulfide emissions in units of the applicable 

standard(s). The plan shall follow the requirements of 40 CFR Part 60, Appendix F. The 

quality assurance/quality control plan and a logbook dedicated to the monitoring system 

must be kept on site and available for inspection during regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or relative 

accuracy audits as required in 40 CFR Part 60; and to conduct relative accuracy test 

audits in units of the standard(s), in accordance with and at the frequencies required per 

40 CFR Part 60.

e) Reporting Requirements

(1) The permittee shall submit semiannual written reports that summarize the information in 

items a. through e. in d)(1) for each relief. These reports shall be submitted to the Toledo 

Division of Environmental Services by January 31 and July 31 of each year and shall 

cover the previous 6-month period.

(2) The permittee shall submit quarterly deviation (excursion) reports identifying all periods 

of time during which there was no pilot flame. These reports shall be submitted to the 

Toledo Division of Environmental Services by January 31, April 31, and July 31, and 

October 31 of each year and shall cover the previous calendar quarter.

(3) [CD, section K.53.] Acid Gas Flaring Incident Investigation and Reporting

No later than 45 days following the end of an Acid Gas Flaring Incident, the permittee 

shall submit to EPA, the Ohio EPA, and the Toledo Division of Environmental Services a 

report that sets forth the following:

a. The date and time that the Acid Gas Flaring Incident started and ended.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 51 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

To the extent that the Acid Gas Flaring Incident involved multiple releases either 

within a 24-hour period or within subsequent, contiguous, non-overlapping 24-

hour periods, the permittee shall set forth the starting and ending dates and times 

of each release;

b. An estimate of the quantity of sulfur dioxide that was emitted and the calculations 

that were used to determine that quantity;

c. The steps, if any, that the permittee took to limit the duration and/or quantity of 

sulfur dioxide 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 of the 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. If two or more reasonable 

alternatives exist to address the Root Cause, the analysis shall discuss the 

alternatives that are available, the probable effectiveness and cost of the 

alternatives, and whether or not an outside consultant should be retained to 

assist in the analysis. Possible design, operation and maintenance changes shall 

be evaluated. If the permittee concludes that corrective action(s) is (are) required 

under this paragraph, the report 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. If the permittee concludes that 

corrective action is not required under this paragraph, the report shall explain the 

basis for that conclusion;

f. To the extent that investigations of the causes and/or possible corrective actions 

still are underway on the due date of the report, a statement of the anticipated 

date by which a follow-up report fully conforming to the requirements of d. and e. 

of this paragraph shall be submitted. Nothing in this Paragraph shall be deemed 

to excuse the permittee from its investigation, reporting, and corrective action 

obligations under this Section for any Acid Gas Flaring Incident which occurs 

after an Acid Gas Flaring Incident for which the permittee has requested an 

extension of time under this Paragraph; and

g. To the extent that completion of the implementation of corrective action(s), if any, 

is not finalized at the time of the submission of the report required under this 

paragraph, then, by no later than 30 days after completion of the implementation 

of corrective action(s), the permittee shall submit a report identifying the 

corrective action(s) taken and the dates of commencement and completion of 

implementation.

(4) The Ohio EPA, Central Office shall approve the proposed sampling site and certify that 

the continuous hydrogen sulfide monitoring system meets the requirements of 

Performance Specification 7. Once received, the letter/document of certification shall be 

maintained on-site and shall be made available to the director (the appropriate Ohio EPA 

District Office or local air agency) upon request.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 52 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(5) The permittee shall comply with the following quarterly reporting requirements for the 

emissions unit and its continuous hydrogen sulfide monitoring system after installation of 

the monitoring system required in d) above:

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR 60.7 and 60.13(h) and the 

requirements established in this permit, the permittee shall submit reports within 

30 days following the end of each calendar quarter to the appropriate Ohio EPA 

District Office or local air agency, documenting all instances of hydrogen sulfide 

emissions in excess of any applicable limit specified in this permit, 40 CFR Part 

60, and any other applicable rules or regulations. The report shall document the 

date, commencement and completion times, duration, and magnitude of each 

exceedance, as well as, the reason (if known) and the corrective actions taken (if 

any) for each exceedance. Excess emissions shall be reported in units of the 

applicable standard(s). If there are no excess emissions during the calendar 

quarter, the permittee shall submit a statement to that effect.

b. These quarterly reports shall be submitted by January 30, April 30, July 30, and 

October 30 of each year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous hydrogen sulfide 

and other associated monitors;

iii. the location of the continuous hydrogen sulfide monitor;

iv. the exceedance report as detailed in a. above;

v. the total operating time (hours) of the emissions unit;

vi. the total operating time of the continuous hydrogen sulfide monitoring 

system while the emissions unit was in operation;

vii. results and dates of quarterly cylinder gas audits;

viii. results and dates of the relative accuracy test audit(s), including results in 

units of the applicable standard(s), (during appropriate quarter(s));

ix. the results of any relative accuracy test audit showing the continuous 

hydrogen sulfide monitor out-of-control and the compliant results following 

any corrective actions;

x. the date, time, and duration of any/each malfunction* of the continuous 

hydrogen sulfide monitoring system, emissions unit, and/or control 

equipment;

xi. the date, time, and duration of any downtime* of the continuous hydrogen 

sulfide monitoring system and/or control equipment while the emissions 

unit was in operation; and
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 53 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

xii. the reason (if known) and the corrective actions taken (if any) for each 

event in b.x. and xi.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit.

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following method:

a. Emission Limitation:

No visible emissions, except for periods not to exceed a total of 5 minutes during 

any 2 consecutive hours

Applicable Compliance Method:

If required, compliance shall be demonstrated through visible emission 

observations performed in accordance with Method 22 of 40 CFR Part 60, 

Appendix A. The observation period shall be 2 hours.

b. Emission Limitation:

Carbon monoxide (CO) emissions shall not exceed 12.80 pounds per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on emission factors 

specified in USEPA reference document AP-42, Fifth Edition, Compilation of Air 

Pollution Emission Factors, Table 1.4-1 dated 7/98, as follows: divide the 

emission factor of 84 pounds of CO emissions per million standard cubic feet by 

a heating value of 1,020 Btus per standard cubic foot and multiply the result by 

the maximum heat input capacity of 155.44 mmBtu per hour. 

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.

c. Emission Limitation: 

CO emissions shall not exceed 56.07 tons per year tons per year, based upon a 

rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations based on 

emission factors specified in USEPA reference document AP-42, Fifth Edition, 

Compilation of Air Pollution Emission Factors, Table 1.4-1 dated 7/98 as follows: 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 54 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

divide the emission factor of 84 pounds of CO emissions per million standard 

cubic feet by a heating value of 1,020 Btus per standard cubic foot, multiply by 

the maximum heat input capacity of 155.44 mmBtu per hour, multiply by the 

maximum annual hours of operation (8,760 hrs/yr) and divide by 2,000 pounds 

per ton.

d. Emission Limitation:

NOx emissions shall not exceed 15.23 pounds per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on the low-NOx 

burner emission factor supplied by the permittee as follows: multiply the 

emission factor of 0.098 pound of NOx emissions per million Btu by the 

maximum heat input capacity of 155.44 mmBtu per hour. 

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.

e. Emission Limitation: 

NOx emissions shall not exceed 66.71 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 15.23 pound of 

NOx per hour by 8,760 hours per year and divide by 2,000 pounds per ton.

f. Emission Limitation: 

Filterable plus condensable PM emissions shall not exceed 1.16 pounds per 

hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on emission factors 

specified in USEPA reference document AP-42, Fifth Edition, Compilation of Air 

Pollution Emission Factors, Table 1.4-2 dated 7/98, as follows: divide the 

emission factor of 7.6 pounds of PE per million standard cubic feet by a heating 

value of 1020 Btus per standard cubic foot and multiply by the maximum heat 

input capacity of 155.44 mmBtu per hour. 

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 55 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

g. Emission Limitation:

Filterable plus condensable PM emissions shall not exceed 5.08 tons per year, 

based upon a rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 1.16 pound of PM

per hour by 8,760 hours per year and divide by 2,000 pounds per ton

h. Emission Limitation:

PM10 emissions shall not exceed 1.16 pounds per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on emission factors 

specified in USEPA reference document AP-42, Fifth Edition, Compilation of Air 

Pollution Emission Factors, Table 1.4-2 dated 7/98, as follows: divide the 

emission factor of 7.6 pounds of PE per million standard cubic feet by a heating 

value of 1020 Btus per standard cubic foot and multiply by the maximum heat 

input capacity of 155.44 mmBtu per hour. 

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.

i. Emission Limitation: 

Filterable plus condensable PM10 emissions shall not exceed 5.08 tons per year, 

based upon a rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 1.16 pounds of PE 

per hour by 8,760 hours per year and divide by 2,000 pounds per ton. 

j. Emission Limitation:

The permittee shall not burn in any fuel gas combustion device any fuel gas that 

contains a hydrogen sulfide (H2S) in excess of 230 mg/dscm (0.10 gr/dscf).

Applicable Compliance Method:

The monitoring and recordkeeping requirements in d) shall be used to 

demonstrate compliance. If required, the permittee shall demonstrate compliance 

using the methods and procedures of 40 CFR 60.106(a) and (e)(1). Alternative 

U.S. EPA approved test methods may be used with prior approval from the Ohio 

EPA.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 56 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

k. Emission Limitation: 

SO2 emissions shall not exceed 4.20 pounds per hour.

Applicable Compliance Method:

This emission limitation was established by the following emission calculation 

using the SO2 emission factor of 0.027 pound per million Btu of heat input 

derived from the NSPS H2S limitation of 0.01 gr/dscf: multiply the emission factor 

of 0.027 pound of SO2 emissions per million Btu by the maximum heat input 

capacity of 155.44 mmBtu per hour.

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.

l. Emission Limitation: 

SO2 emissions shall not exceed 18.40 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 4.20 pounds of 

SO2 per hour by 8,760 hours per year and divide by 2,000 pounds per ton.

m. Emission Limitation: 

VOC emissions shall not exceed 0.84 pound per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on emission factors 

specified in USEPA reference document AP-42, Fifth Edition, Compilation of Air 

Pollution Emission Factors, Table 1.4-2 dated 7/98, as follows: divide the 

emission factor of 5.5 pounds of VOC emissions per million standard cubic feet 

by a heating value of 1020 Btus per standard cubic foot and multiply by the 

maximum heat input capacity of 155.44 mmBtu per hour. 

A stack emission testing compliance method is not included, since this emissions 

unit is an open flare that does not have a stack that can be used to conduct a 

standard EPA emissions test.

n. Emission Limitation: 

VOC emissions shall not exceed 3.68 tons per year, based upon a rolling, 365-

day summation of the daily emissions.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 57 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be determined through calculations based on 

emission factors specified in USEPA reference document AP-42, Fifth Edition, 

Compilation of Air Pollution Emission Factors, Table 1.4-2 dated 7/98, as follows: 

divide the emission factor of 5.5 pounds of VOC emissions per million standard 

cubic feet by a heating value of 1020 Btus per standard cubic foot, multiply by the 

maximum heat input capacity of 155.44 mmBtu per hour, multiply by the 

maximum annual hours of operation (8,760 hours/yr), and divide by 2,000 

pounds per ton.

o. Emission Limitation:

PM10 emissions shall not exceed 0.0074 pound per million Btu of heat input

Applicable Compliance Method:

This emission limitation was established based on the emission factor contained 

in AP-42 Table 1.4-2 dated 7/98. A stack emission testing compliance method is 

not included, since this emissions unit is an open flare that does not have a stack 

that can be used to conduct a standard EPA emissions test

p. Emission Limitation:

CO emissions shall not exceed 0.082 pound per million Btu of heat input

Applicable Compliance Method:

This emission limitation was established based on the emission factor contained 

in AP-42 Table 1.4-1 dated 7/98. A stack emission testing compliance method is 

not included, since this emissions unit is an open flare that does not have a stack 

that can be used to conduct a standard EPA emissions test.

(2) The permittee shall conduct, or have conducted, emission testing for this emissions unit 

in accordance with the following requirements:

a. The emission testing shall be conducted within 90 days after bringing this 

emissions unit into compliance with NSPS Subparts A and J, in accord with the 

provisions of c)(1) above.

b. The emission testing shall be conducted to demonstrate compliance with the 

visible emission limitation and the operational restrictions of c)(2)b.v. and vi. for 

velocity and heating value.

c. The following test method(s) shall be employed to demonstrate compliance with 

the visible emission limitation and the operational restrictions of c)(2)b.v and vi.:

i. Compliance with the visible emission limitations shall be demonstrated 

through visible emission observations performed in accordance with 

Method 22 of 40 CFR Part 60, Appendix A. The observation period shall 

be 2 hours.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 58 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

ii. The procedures of 40 CFR Part 63.11(b)(7)(i) shall be used to determine 

the exit velocity. In lieu of conducting the velocity test, the permittee may 

submit velocity calculations which demonstrate that the NSPS 

Hydrocarbon Flaring Device meets the performance specification required 

by c)(2)b.v. and vi.

iii. The procedures of 40 CFR Part 63.11(b)(6)(ii) shall be used to determine 

the heating value.

iv. Alternative U.S. EPA approved test methods may be used with prior 

approval from the Ohio EPA.

d. The test(s) shall be conducted while the emissions unit is operating at or near its 

maximum capacity, unless otherwise specified or approved by the Toledo 

Division of Environmental Services.

e. Not later than 30 days prior to the proposed test date(s), the permittee shall 

submit an "Intent to Test" notification to the Toledo Division of Environmental

Services. The "Intent to Test" notification shall describe in detail the proposed 

test methods and procedures, the emissions unit operating parameters, the 

time(s) and date(s) of the test(s), and the person(s) who will be conducting the 

test(s). Failure to submit such notification for review and approval prior to the 

test(s) may result in the Toledo Division of Environmental Services' refusal to 

accept the results of the emission test(s).

f. Personnel from the Toledo Division of Environmental Services shall be permitted 

to witness the test(s), examine the testing equipment, and acquire data and 

information necessary to ensure that the operation of the emissions unit and the 

testing procedures provide a valid characterization of the emissions from the 

emissions unit and/or the performance of the control equipment.

g. A comprehensive written report on the results of the emissions test(s) shall be 

signed by the person or persons responsible for the tests and submitted to the 

Toledo Division of Environmental Services within 30 days following completion of 

the test(s). The permittee may request additional time for the submittal of the 

written report, where warranted, with prior approval from the Toledo Division of 

Environmental Services.

(3) If the permittee chooses to install the H2S CEM in c)(1)c., then within 60 days after 

achieving the maximum production rate at which the affected facility will be operated, but 

not later than 180 days after initial startup of such facility, the permittee shall conduct 

certification tests of the continuous hydrogen sulfide monitoring system in units of the 

applicable standard(s), to demonstrate compliance with 40 CFR Part 60, Appendix B, 

Performance Specification 7 and ORC section 3704.03(I).

Personnel from the Ohio EPA Central Office and the appropriate Ohio EPA District 

Office or local air agency shall be notified 30 days prior to initiation of the applicable 

tests and shall be permitted to examine equipment and witness the certification tests. 

Two copies of the test results shall be submitted to Ohio EPA, one copy to the 

appropriate Ohio EPA District Office or local air agency and one copy to Ohio EPA 

Central Office, and pursuant to OAC rule 3745-15-04, within 30 days after the test is 

completed.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 59 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Certification of the continuous hydrogen sulfide monitoring system shall be granted upon 

determination by the Ohio EPA, Central Office that the system meets the requirements 

of 40 CFR Part 60, Appendix B, Performance Specification 7 and ORC section 

3704.03(I). 

Ongoing compliance with the hydrogen sulfide emission limitation(s) contained in this 

permit, 40 CFR Part 60, and any other applicable standard(s) shall be demonstrated 

through the data collected as required in the Monitoring and Record keeping Section of 

this permit; and through demonstration of compliance with the quality assurance/quality 

control plan, which shall meet the requirements of 40 CFR Part 60.

g) Miscellaneous Requirements

(1) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) completion 

and satisfaction at the relevant Refinery of all of the following requirements stated in 

Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 60 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

5. P011, FCC Unit

Operations, Property and/or Equipment Description: 

(P011) - fluidized catalytic cracking (FCC) unit with a processing capacity of 100,000 barrels 

per day; emissions controls consist of two CO boilers (B046 and B047), SCR system for NOx 

control, and a wet gas scrubber for SO2 and particulate control.

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) Terms c)(5), d)(16),(18), (19) and (20), and f)(1)u.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined filterable particulate matter 

(PM) emissions from the FCCU 

(Emissions unit P011) and the CO Boilers 

(B046 and B047) shall not exceed 0.45 

pound per thousand pounds of cokeburnoff;

The combined sulfur dioxide (SO2) 

emissions from P011, B046, and B047 

shall not exceed 316 pounds per hour;

The combined volatile organic compound 

(VOC) emissions from the FCCU 

(Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 3.67 pounds per hour;

The combined sulfuric acid (H2SO4) mist 

emissions from the FCCU (P011) and CO 

Boilers (B046 and B047) shall not exceed 

10 ppmvd and 215.84 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions; and

See b)(2)a and b)(2)m.

b. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined nitrogen oxides (NOx) 

emissions from P011, B046 and B047 

shall not exceed 198.51 tons per year, 

based upon a rolling, 365-day summation 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 61 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

of the daily emissions;

The combined filterable PM emissions 

from P011, B046 and B047 shall not 

exceed 165.96 tons per year;

The combined SO2 emissions from P011, 

B046 and B047 shall not exceed 345.71 

tons per year, based upon a rolling, 365-

day summation of the daily emissions;

The combined VOC emissions from the 

FCCU (Emissions Unit P011) and the CO 

Boilers (Emissions Units B046 and B047) 

shall not exceed 16.07 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

See b)(2)b., b)(2)d., b)(2)n. through 

b)(2)q. and b)(2)s.

c. OAC rule 3745-17-07(A) Visible emissions shall not exceed 20% 

opacity, unless otherwise specified by the 

rule. 

d. OAC rule 3745-17-11(B)(1) See b)(2)e.

e. OAC rule 3745-18-54(O)(3) The combined emissions from P011, 

B046 and B047 shall not exceed 3.00 

pounds of sulfur dioxide (SO2) per 

thousand pounds of fresh feed.

f. OAC rule 3745-21-07(B) See b)(2)g.

g. OAC rule 3745-21-08(B) See b)(2)f.

h. OAC rule 3745-21-08(E) See b(2)e.

i. OAC rule 3745-21-09(T) See b(2)m.

k. 40 CFR Part 60, Subpart A See b)(2)r.

l. 40 CFR Part 60, Subpart J See b)(2)t.

m. 40 CFR Part 63, Subpart UUU

(40 CFR 63.1560-1579)

[In accordance with 40 CFR 

63.1561(a)(1)(iii), this emissions unit 

is at an existing refinery and is used 

See b)(2)h., b)(2)i., b)(2)k., and b)(2)l.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 62 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

to crack petroleum streams.]

n. OAC rule 3745-31-10 through 20

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

The combined CO emissions from P011, 

B046 and B047 shall be reduced by a 

minimum of 99% control efficiency and 

shall not exceed 500 parts per million by 

volume dry (ppmvd) at 0% oxygen as a 1-

hour average, or 180 ppmvd at 0% 

oxygen as a rolling, 365-day average, or 

1,087.28 tons per year, based upon a 

rolling, 365-day summation of the daily 

emissions; and

The combined PM10 emissions from P011, 

B046 and B047 shall be controlled by a 

minimum of 95% and shall not exceed 

0.90 pound per thousand pounds of cokeburnoff or 331.92 tons per year, based 

upon a rolling, 365-day summation of the 

daily emissions.

(2) Additional Terms and Conditions

a. The requirements of this rule also include compliance with the requirements of 

OAC rules 3745-17-07(A)(1), 3745-17-11(A)(4), 3745-18-54(O)(3), 3745-21-

08(E), 3745-21-07(B), 3745-21-09(T), 3745-31-05(C), and 3745-31-10 through 

20, 40 CFR Part 60, Subparts A and J, and 40 CFR Part 63, Subpart UUU.

b. Beginning at initial startup after the FCCU expansion, the permittee shall operate 

its FCCU so that the combined NOx emissions from P011, B046 and B047 do 

not exceed 20 ppmvd based on a 365-day rolling average or 40 ppmvd based on 

a 7-day rolling average, each at 0% oxygen.

c. The permittee's FCCU Regenerators shall be affected facilities subject to the 

requirements of NSPS Subparts A and J for each relevant pollutant by the dates 

specified below:

CO 3/14/2008

Opacity 12/31/2009

PM 3/14/2006

SO2 12/31/2009

d. Beginning at startup after the FCCU expansion and by no later than December 

31, 2009, the combined SO2 emissions from the P011, B046 and B047 shall not 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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exceed 25 ppmvd based on a 365-day rolling average or 50 ppmvd based on a 

7-day rolling average, each at 0% oxygen.

e. The emission limitation specified by this rule is less stringent than the emission 

limitation established pursuant to OAC rule 3745-31-05(A)(3).

f. The permittee shall satisfy the "best available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-08(B) by committing to comply 

with the best available technology (BAT) requirements established pursuant to 

OAC rule 3745-31-05(A)(3) in this permit to install. The design of the emissions 

unit and the technology associated with the current operating practices satisfy 

the BAT requirements. 

On November 5, 2002, OAC rule 3745-21-08 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. This rule 

revision was submitted to the U.S. EPA as a revision to Ohio's State 

Implementation Plan (SIP). Until the U.S. EPA approves the revision to OAC rule 

3745-21-08, the requirement to satisfy the "best available control techniques and 

operating practices" still exists as part of the federally-approved SIP for Ohio.

g. The permittee has satisfied the "latest available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-07(B) by committing to comply 

with the best available technology requirements established pursuant to OAC 

rule 3745-31-05(A)(3) in this Permit to Install.

On February 18, 2008, OAC rule 3745-21-07 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. However, 

that rule revision has not yet been submitted to the U.S. EPA as a revision to 

Ohio's State Implementation Plan (SIP). Therefore, until the SIP revision occurs 

and the U.S. EPA approves the revisions to OAC rule 3745-21-08, the 

requirement to satisfy the "best available control techniques and operating 

practices" still exists as part of the federally-approved SIP for Ohio..

h. [63.1564(a)(1)] METAL HAP EMISSIONS

The permittee must meet each emission limitation in Table 1 of 40 CFR Part 63, 

Subpart UUU that applies to this emissions unit. The permittee can choose from 

the four following options:

i. [63.1564(a)(1)(i)]

The permittee can elect to comply with the NSPS requirements (Option 

1);

ii. 63.1564(a)(1)(ii)]

The permittee can elect to comply with the PM emission limit (Option 2);

iii. [63.1564(a)(1)(iii)]

The permittee can elect to comply with the Nickel (Ni) lb/hr emission limit 

(Option 3); or

iv. [63.1564(a)(1)(iv)]

The permittee can elect to comply with the Ni lb/1,000 lbs of coke burn-off 

emission limit (Option 4).
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Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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i. [63.1565(a)(1)] ORGANIC HAP EMISSIONS

The permittee shall meet each emission limitation in Table 8 of 40 CFR Part 63, 

Subpart UUU that applies to this emissions unit for organic HAP emissions. The 

permittee can choose from the following two options:

i. [63.1565(a)(1)(i)]

The permittee can elect to comply with the NSPS requirements (Option 

1); or

ii. [63.1565(a)(1)(ii)]

The permittee can elect to comply with the CO emission limit (Option 2).

j. Table 44 of 40 CFR Part 63, Subpart UUU shows which parts of the General 

Provisions in 40 CFR Part 63.1 through 63.15 apply to this emissions unit.

k. [63.1569(a)(1)] HAP EMISSIONS FROM BYPASS LINES

The permittee must meet each work practice standard in Table 36 of 40 CFR 

Part 63, Subpart UUU that applies to this emissions unit. The permittee can 

choose from the four following options:

i. [63.1569(a)(1)(i)]

The permittee can elect to install an automated system (Option 1);

ii. [63.1569(a)(1)(ii)]

The permittee can elect to use a manual lock system (Option 2);

iii. [63.1569(a)(1)(iii)]

The permittee can elect to seal the line (Option 3); or

iv. [63.1569(a)(1)(iv)]

The permittee can elect to vent to a control device (Option 4).

l. [63.1569(a)(2)]

As provided in 40 CFR Part 63.6(g), the EPA, may choose to grant the permittee 

permission to use an alternative to the work practice standard in 40 CFR Part 

63.1569(a)(1).

m. Refer to Emissions Unit P801 in Section C. of this permit for the terms and 

conditions associated with equipment leaks. The VOC emissions from equipment 

leaks from this emissions unit are contained in the total refinery equipment leak 

emissions contained in P801.

n. Within 180 days of March 14, 2008, the permittee shall develop and maintain a 

written quality assurance/quality control plan for the continuous CO monitoring 

system, designed to ensure continuous valid and representative readings of CO 

emissions in units of the applicable standard(s). The plan shall follow the 

requirements of 40 CFR Part 60, Appendix F. The quality assurance/quality 

control plan and a logbook dedicated to the continuous CO monitoring system 

must be kept on site and available for inspection during regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or 

relative accuracy audits as required in 40 CFR Part 60; and to conduct relative 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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accuracy test audits in units of the standard(s), in accordance with and at the 

frequencies required per 40 CFR Part 60.

o. Within 180 days after initial startup after the FCCU expansion, the permittee shall 

develop and maintain a written quality assurance/quality control plan for the 

continuous NOx monitoring system, designed to ensure continuous valid and 

representative readings of NOx emissions in units of the applicable standard(s). 

The plan shall follow the requirements of 40 CFR Part 60, Appendix F. The 

quality assurance/quality control plan and a logbook dedicated to the continuous 

NOx monitoring system must be kept on site and available for inspection during 

regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or 

relative accuracy audits as required in 40 CFR Part 60; and to conduct relative 

accuracy test audits in units of the standard(s), in accordance with and at the 

frequencies required per 40 CFR Part 60.

p. The permittee shall develop and maintain a written quality assurance/quality 

control plan for the continuous opacity monitoring system, designed to ensure 

continuous valid and representative readings of opacity and compliance with 40 

CFR Part 60. The plan shall include, at a minimum, procedures for conducting 

and recording daily automatic zero/span checks, provisions for conducting a 

quarterly audit of the continuous opacity monitoring system, and a description of 

preventive maintenance activities. The plan shall describe step by step 

procedures for ensuring accurate operation of the continuous opacity monitoring

system on a continuous basis. The quality assurance/quality control plan and a 

logbook dedicated to the continuous opacity monitoring system must be kept on 

site and available for inspection during regular office hours.

q. Within 180 days after initial startup after the FCCU expansion, the permittee shall 

develop and maintain a written quality assurance/quality control plan for the 

continuous SO2 monitoring system, designed to ensure continuous valid and 

representative readings of SO2 emissions in units of the applicable standard(s). 

The plan shall follow the requirements of 40 CFR Part 60, Appendix F. The 

quality assurance/quality control plan and a logbook dedicated to the continuous 

SO2 monitoring system must be kept on site and available for inspection during 

regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or 

relative accuracy audits as required in 40 CFR Part 60; and to conduct relative 

accuracy test audits in units of the standard(s), in accordance with and at the 

frequencies required per 40 CFR Part 60.

r. 40 CFR Part 60, Subpart A provides applicability provisions, definitions, and 

other general provisions that are pertinent to emissions units affected by 40 CFR 

Part 60.

s. Pursuant to 40 CFR 60.13(i)(1), the permittee has applied to the U.S. EPA for 

use of the following alternative monitoring plan instead of using a continuous 

opacity monitor as specified by 40 CFR 60.105(a)(1). U.S. EPA approved the 

alternative monitoring plan, the permittee does not have to comply with the 

continuous opacity monitoring, recordkeeping and reporting requirements of b), 
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Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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d), e) and f) beginning with the date of approval of the alternative monitoring plan 

by the U.S. EPA.

t. The opacity limitation specified by this rule is less stringent than the limitation 

specified by OAC rule 3745-17-07(A). The SO2 emission limitation specified by 

this rule is less stringent than the limitation established pursuant to OAC rule 

3745-31-05(C). The PM limitation specified by this rule is less stringent than the 

limitation established pursuant to OAC rule 3745-31-05(A)(3). The ppm CO 

emission limitation specified by this rule is equivalent to the emission limitation 

established pursuant to OAC rules 3745-31-10 through 20.

c) Operational Restrictions

(1) [40 CFR 63, subpart UUU]] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: CATALYTIC CRACKING UNITS

The permittee shall comply with the applicable restrictions of this subpart, including the 

following sections:

63.1564(a)(2) Must comply with the operating limit in Table 2 (option 1) by 

installing a continuous opacity monitor system.

63.1565(a)(2) Must comply with each applicable site-specific operating limit in 

Table 9: Option 1 – install a continuous emission monitoring 

system for carbon monoxide (CO) with no required control 

device.

Table 44, 40 CFR 

63.8(f)

Alternative Monitoring Plan is allowed except that subpart UUU 

specifies procedures for requesting alternative monitoring 

systems and alternative parameters.

(2) The combined emissions of CO, NOx, PM10, SO2, and VOC from P011, B046 and B047 

shall not exceed 1,087.28, 198.51, 332.95, 345.71, and 16.07 tons per year respectively, 

based upon a rolling, 365-day summation of the daily emissions.

To ensure enforceability during the first 12 calendar months of operation or the first 12 

calendar months following the issuance of this permit, the permittee shall not exceed the 

emission levels specified in the following table:

Month(s) Maximum 

Allowable 

Cumulative 

Emissions of 

CO (tons)

Maximum 

Allowable 

Cumulative 

Emissions of 

NOx (tons)

Maximum 

Allowable 

Cumulative 

Emissions of 

PM10 (tons)

Maximum 

Allowable 

Cumulative 

Emissions of 

SO2 (tons)

Maximum 

Allowable 

Cumulative 

Emissions of 

VOC (tons)

1 250 30 28 58 1.4

1-2 500 60 56 116 2.8

1-3 750 90 84 174 4.2
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Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

Division of Air Pollution Control

1-4 1000 120 112 232 5.3

1-5 1087.28 150 140 290 7.0

1-6 1087.28 180 168 345.71 8.4

1-7 1087.28 198.51 196 345.71 9.8

1-8 1087.28 198.51 224 345.71 11.2

1-9 1087.28 198.51 252 345.71 12.6

1-10 1087.28 198.51 280 345.71 14

1-11 1087.28 198.51 308 345.71 15.4

1-12 1087.28 198.51 331.92 345.71 16.07

After the first 12 calendar months of operation or the first 12 calendar months following 

the issuance of this permit, compliance with the annual emission limitation for CO, NOx, 

PM10, SO2, and VOC shall be based upon a 365-day summation of the daily emissions.

(3) Prior to the initial test demonstrating compliance with the 0.45 lb filterable PM per 

thousand pounds of coke-burnoff emission limitation:

a. the pressure of the water supplied at the discharge of the recirculation 

pumps supplying water to the Agglo-Filtering modules shall be 

continuously maintained at a value of not less than that suggested by the 

manufacturer as appropriate for the design control efficiency at all times 

while the FCCU is in operation;

b. the flue gas static pressure drop across the Agglo-Filtering modules shall be 

continuously maintained at a value of not less than that suggested by the 

manufacturer as appropriate for the design control efficiency at all times while the 

FCCU is in operation.

Within 30 days prior to startup of the wet gas scrubber, the permittee shall report in 

writing to the Toledo Division of Environmental Services the minimum values for the 

pressure of the water supplied at the discharge of the recirculation pumps supplying 

water to the Agglo-Filtering modules, and the flue gas static pressure drop across the 

Agglo-Filtering modules.

(4) After the initial test demonstrating compliance with the 0.45 lb filterable PM per thousand 

pounds of coke-burnoff emission limitation:

a. the permittee shall maintain the pressure of the water supplied at the discharge 

of the recirculation pumps supplying water to the Agglo-Filtering modules at a 

value of not less than the pressure as determined during the initial compliance 

test demonstrating compliance at all times while the FCCU is in operation.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

Division of Air Pollution Control

b. the flue gas static pressure drop across the Agglo-Filtering modules shall be 

continuously maintained at a value of not less than that determined during the 

initial compliance test demonstrating compliance at all times while the FCCU is in 

operation.

(5) The permittee shall maintain an ammonia slip rate from the SCR unit of less than 5 

ppmv.

d) Monitoring and/or Recordkeeping Requirements

(1) Prior to conducting performance tests for CO under f)(2), the permittee shall install a 

continuous CO emissions monitoring system.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(2) Prior to conducting performance tests for CO under f)(2), the permittee shall operate and 

maintain equipment to continuously monitor and record CO emissions from this 

emissions unit in units of the applicable standard(s). The continuous monitoring and 

recording equipment shall comply with the requirements specified in 40 CFR Parts 60. 

The span value for this instrument shall be 1,000 ppm CO.

The permittee shall maintain records of data obtained by the continuous CO monitoring 

system including, but not limited to:

a. emissions of CO in parts per million on an instantaneous (one-minute) basis*;

b. emissions of CO in all units of the applicable standard(s) in the appropriate 

averaging period (ppmvd at 0% O2 1-hr average and ppmvd at 0% O2 as a 

rolling, 365-day average);

c. results of quarterly cylinder gas audits;

d. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

e. results of required relative accuracy test audit(s), including results in units of the 

applicable standard(s);

f. hours of operation of the emissions unit, continuous CO monitoring system, and 

control equipment;

g. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous CO monitoring system;

h. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous CO monitoring 

system; as well as,

i. the reason (if known) and the corrective actions taken (if any) for each such 

event in g. and h. above.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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NOTE: Valid minute by minute CEMS data shall not be required during periods in which 

scheduled CEMS system maintenance events (such as system blow-backs) occur. 

Minute by minute data recorded during a scheduled maintenance event shall be flagged 

as invalid due to the scheduled maintenance event, and not used in future compliance 

determination calculations.

(3) Prior to conducting performance tests for NOx under f)(2), the permittee shall install a 

continuous NOx emissions monitoring system. 

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(4) Prior to conducting performance tests for NOx under f)(2), the permittee shall operate, 

and maintain equipment to continuously monitor and record NOx emissions from this 

emissions unit in units of the applicable standard(s). The continuous monitoring and 

recording equipment shall comply with the requirements specified in 40 CFR Part 60.

The permittee shall maintain records of data obtained by the continuous NOx monitoring 

system including, but not limited to:

a. emissions of NOx in parts per million on an instantaneous (one-minute) basis*;

b. emissions of NOx in all units of the applicable standard(s) in the appropriate 

averaging period (ppmvd at 0% O2 as a 7-day, rolling average and ppmvd at 0% 

O2 as a rolling, 365-day summation of the daily emissions);

c. results of quarterly cylinder gas audits;

d. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

e. results of required relative accuracy test audit(s), including results in units of the 

applicable standard(s);

f. hours of operation of the emissions unit, continuous NOx monitoring system, and 

control equipment;

g. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous NOx monitoring system;

h. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous NOx monitoring 

system; as well as,

i. the reason (if known) and the corrective actions taken (if any) for each such 

event in g. and h. above.

NOTE: Valid minute by minute CEMS data shall not be required during periods in which 

scheduled CEMS system maintenance events (such as system blow-backs) occur. 

Minute by minute data recorded during a scheduled maintenance event shall be flagged 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

Division of Air Pollution Control

as invalid due to the scheduled maintenance event, and not used in future compliance 

determination calculations.

(5) Pursuant to 40 CFR 60.13(i)(1), the permittee has applied to the U.S. EPA for use of the 

following alternative monitoring plan instead of using a continuous opacity monitor as 

specified by 40 CFR 60.105(a)(1). U.S. EPA approved the alternative monitoring plan in 

a letter dated November 2, 2006. Therefore, the permittee shall comply with the 

monitoring and recordkeeping requirements of this term and condition.

a. The permittee shall continuously monitor and record the pressure of the water 

supplied to at the discharge of the recirculation pumps supplying water to the 

EDV-6000 Agglo-Filtering modules. Pressure below the specified range will 

indicate a decrease in the filtering module efficiency.

b. The permittee shall continuously monitor and record the flue gas pressure drop 

across the Agglo-Filtering modules. A pressure differential below the specified 

range will indicate a decrease in the filtering module efficiency.

The above monitoring plan may be may be implemented in lieu of installing and 

operating a continuous opacity monitoring system as specified in 40 CFR 60.105(a)(1).

(6) The permittee shall maintain on-site documentation from the U.S. EPA or the Ohio 

EPA’s Central Office verifying that the continuous opacity monitoring system has been 

certified to meet the requirements of 40 CFR Part 60, Appendix B, Performance 

Specification 1. The letter/document of certification shall be made available to the 

Director (the appropriate Ohio EPA District Office or local air agency) upon request.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

NOTE: This term is not required if the permittee implements the approved alternative 

opacity monitoring plans specified in d).

(7) The permittee shall operate and maintain the continuous opacity monitoring system to 

continuously monitor and record the opacity of the particulate emissions from this 

emissions unit. The continuous monitoring and recording equipment shall comply with 

the requirements specified in 40 CFR Part 60. The continuous opacity monitoring 

system shall be spanned at 60, 70, or 80 percent opacity.

The permittee shall maintain records of data obtained by the continuous opacity 

monitoring system including, but not limited to:

a. percent opacity on an instantaneous (one-minute) and 6-minute block average 

basis;

b. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

c. hours of operation of the emissions unit, continuous opacity monitoring system, 

and control equipment;
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Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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d. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous opacity monitoring system;

e. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous opacity monitoring 

system; as well as,

f. the reason (if known) and the corrective actions taken (if any) for each such 

event in d. and e.

NOTE: This term is not required if the permittee implements the approved alternative 

opacity monitoring plans specified in d).

(8) Prior to the installation of the SO2 CEM, the permittee shall obtain a daily (Monday 

through Friday, except for holidays) sample of the FCC fresh feed and have it analyzed 

for density and sulfur content in accordance with the applicable ASTM methods. The 

permittee may assume that the fraction emitted (FE) is the same as was determined in 

the most recent stack test performed on the unit. (In the stack test performed September 

12, 2002, the FE was 0.175.) Using this method, the SO2 emission rate from the FCC 

regenerator shall be calculated as follows:

F * d * 2 * S * FE * 8.33 lb/gal * 42 gal/bbl = SO2 emission rate from FCC regenerator, 

lb/day

where:

F = daily average feed rate to the FCC, bbl/day;

d = specific gravity of the FCC fresh feed; and

S = sulfur weight fraction in the feed of the FCC unit, in pounds of sulfur per pound of 

feed.

2 = (64 lb SO2/lb. mole) / (32 lb S/lb. mole)

After the installation of the SO2 CEM, the permittee shall calculate the emission limit in 

pound(s) of SO2 per 1000 pounds of the FCC fresh feed using the process operating 

data from the FCCU and the daily emissions in pounds of SO2 calculated from the SO2

CEM data.

(9) The permittee shall maintain daily records of the calculated SO2 emission rate in pounds 

of sulfur dioxide per 1000 pounds of fresh feed. The SO2 emission rate shall be 

calculated as follows:

(SO2 emission rate from the FCC regenerator + the SO2 emission rate from B046 + the 

SO2 emission rate from B047)/ FCC fresh feed rate in thousands of pounds of fresh feed 

per day

(10) Prior to the installation of the SO2 CEM, if on any day the calculated SO2 emission rate 

exceeds 3.00 lb SO2 per 1000 lbs fresh feed, the permittee shall immediately take 

another FCC fresh feed sample and retest the feed sulfur and density. If the second 

sample results show a value above 3.00 lb SO2 per 1000 lbs fresh feed, the permittee 

shall immediately take steps to reduce the amount of sulfur in the FCC fresh feed. These 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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steps include, but are not limited to: crude diet changes, feed composition changes, or 

other appropriate methods to stay below 3.00 lb SO2 per 1000 lbs fresh feed.

(11) Prior to conducting performance tests for SO2 under f)(2), the permittee shall install a 

continuous SO2 emissions monitoring system. The span value of the monitor shall be set 

at 50 percent of the maximum estimated hourly potential sulfur dioxide emission 

concentration of the control device.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(12) Prior to conducting performance tests for SO2 under f)(2), the permittee shall operate, 

and maintain equipment to continuously monitor and record SO2 emissions from this 

emissions unit in units of the applicable standard(s). The continuous monitoring and 

recording equipment shall comply with the requirements specified in 40 CFR Part 60.

The permittee shall maintain records of data obtained by the continuous SO2 monitoring 

system including, but not limited to:

a. emissions of SO2 in parts per million on an instantaneous (one-minute) basis*;

b. emissions of SO2 in all units of the applicable standard(s) in the appropriate 

averaging period (pounds per thousand barrels of fresh feed, ppmvd at 0% O2 as 

a 7-day, rolling average and ppmvd at 0% O2 as a rolling, 365-day summation of 

the daily emissions);

c. results of quarterly cylinder gas audits;

d. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

e. results of required relative accuracy test audit(s), including results in units of the 

applicable standard(s);

f. hours of operation of the emissions unit, continuous SO2 monitoring system, and 

control equipment;

g. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous SO2 monitoring system;

h. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous SO2 monitoring 

system; as well as,

i. the reason (if known) and the corrective actions taken (if any) for each such 

event in g. and h. above.

*NOTE: Valid minute by minute CEMS data shall not be required during periods in which 

scheduled CEMS system maintenance events (such as system blow-backs) occur. 

Minute by minute data recorded during a scheduled maintenance event shall be flagged 
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Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

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State of Ohio Environmental Protection Agency

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as invalid due to the scheduled maintenance event, and not used in future compliance 

determination calculations.

(13) When SO2 emission data are not obtained because of continuous monitoring system 

breakdowns, repairs, calibration checks and zero and span adjustments, emission data 

will be obtained by using one of the following methods to provide emission data for a 

minimum of 18 hours a day in at least 22 out of 30 rolling consecutive calendar days.

a. The test methods as described in 40 CFR 60.106(k);

b. A spare continuous monitoring system; or

c. Other monitoring systems as approved by the Administrator of U.S. EPA.

(14) The permittee shall record daily the average coke burn-off rate (Mg (tons) per hour) 

using the procedures of 40 CFR 60.106(b)(3) and the hours of operation. The Federal 

Register of September 21, 2006 change to the equation contained in 40 CFR 

60.106(b)(3) as listed below:

Rc = K1Qr (%CO2 + %CO) + K2Qa - K3Qr(%CO/2 + %CO2 + %O2)

(15) The permittee shall record daily the rate of combustion of liquid fossil-fuels and the hours 

of operation during which liquid fossil-fuels are combusted in the CO Boilers (Emissions 

Units B046 and B047) and exhaust gases from the catalyst regenerator are combusted 

in the CO Boilers.

(16) The permittee shall monitor the ammonia slip emissions from the SCR system by an 

emission calculation using the inlet ammonia injection concentration and the inlet NOx 

concentration upstream of the SCR and the outlet NOx out of the stack to calculate an 

ammonia slip concentration.

NH3 (ppmv @ 0% O2) = ((a-b*(c/1E6))*1E6/b)*d

Where:

a = NH3 injection rate(lb/hr)/17(lb/lbmol),

b = dry exhaust gas flow rate (lb/hr)/(29(lb/lbmol), or

b = dry exhaust flow rate (scf/hr) / 379 (scf/lbmol at 60oF),

c = change in measured NOx concentration ppmv corrected to 0% O2 across catalyst, 

and

d = correction factor.

The correction factor shall be derived through compliance testing by comparing the 

measured and calculated ammonia slip.

(17) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: CATALYTIC CRACKING UNITS
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 74 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

The permittee shall comply with the applicable monitoring and record keeping 

requirements required under 40 CFR Part 63, subpart UUU, including the following 

sections:

63.1564 Requirements for metal HAP emissions from catalytic cracking 

units such as prepare an operation, maintenance and 

monitoring plan.

63.1565 Requirements for organic HAP emissions from catalytic cracking 

units such as prepare an operation, maintenance and 

monitoring plan.

63.1569(a) Requirements for HAP emissions from bypass lines such as 

prepare an operation, maintenance and monitoring plan

63.1570 General requirements for complying with this subpart such as 

compliance with opacity and emission standards. Must also 

maintain a startup, shutdown and malfunction plan.

63.1572 Monitoring installation, operation, and maintenance 

requirements such as maintain the CEMs and/or COMs

according to Table 40 of this subpart. Also, maintain any 

continuous parameter monitoring system according to Table 41 

of this subpart.

63.1573 Approved monitoring alternatives for exhaust gas flow rate for 

the FCCU unit. May request approval from the permitting 

authority to use an automated data compression system or to 

monitor parameters other than those required in this subpart.

63.1576 Records that must be kept, in what form, and for how long; also 

pertains to reports, testing and monitoring plans. Maintain 

records as required in Tables 6, 7, 13, 14 and 39.

(18) AIR TOXICS POLICY

The permit to install for this emissions unit [P011] was evaluated based on the actual 

materials and the design parameters of the emissions unit's exhaust system, as 

specified by the permittee in the permit to install application. The Ohio EPA's “Review of 

New Sources of Air Toxic Emissions” policy ("Air Toxic Policy") was applied to this 

emissions unit for each toxic pollutant, using data from the permit to install application, 

and modeling was performed for the toxic pollutant(s) emitted at over a ton per year 

using the SCREEN 3.0 model or other Ohio EPA approved model. The predicted 1-hour 

maximum ground-level concentration result(s) from the use of the SCREEN 3.0 (or other 

approved) model, was compared to the Maximum Acceptable Ground-Level 

Concentration (MAGLC), calculated as required in Engineering Guide #70. The following 

summarizes the results of the modeling for the “worst case” pollutant(s):

Pollutant: ammonia

TLV (mg/m3): 17.41

Maximum Hourly Emission Rate (lbs/hr): 4.05

Predicted 1-Hour Maximum Ground-Level Concentration (ug/m3): 1.587
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 75 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

MAGLC (ug/m3): 414.5

[PTI 04-01447]

(19) Physical changes to or changes in the method of operation of the emissions unit after its 

installation or modification could affect the parameters used to determine whether or not 

the “Air Toxic Policy” is satisfied. Consequently, prior to making a change that could 

impact such parameters, the permittee shall conduct an evaluation to determine that the 

“Air Toxic Policy” will still be satisfied. If, upon evaluation, the permittee determines that 

the “Air Toxic Policy” will not be satisfied, the permittee will not make the change. 

Changes that can affect the parameters used in applying the “Air Toxic Policy” include 

the following:

a. changes in the composition of the materials used or the use of new materials, 

that would result in the emission of a compound or chemical with a lower 

Threshold Limit Value (TLV) than the lowest TLV previously modeled, as 

documented in the most current version of the American Conference of 

Governmental Industrial Hygienists’ (ACGIH’s) handbook entitled “TLVs and 

BEIs” (“Threshold Limit Values for Chemical Substances and Physical Agents, 

Biological Exposure Indices”);

b. changes in the composition of the materials, or use of new materials, that would 

result in an increase in emissions of any pollutant with a listed TLV that was 

proposed in the application and modeled; and

c. physical changes to the emissions unit or its exhaust parameters (e.g., 

increased/ decreased exhaust flow, changes in stack height, changes in stack 

diameter, etc.).

[PTI 04-01447]

(20) If the permittee determines that the "Air Toxic Policy" will be satisfied for the above 

changes, the Ohio EPA will not consider the change(s) to be a "modification" under OAC 

rule 3745-31-01 solely due to the emissions of any type of toxic air contaminant not 

previously emitted, and a modification of the existing permit to install will not be required, 

even if the toxic air contaminant emissions are greater than the de minimis level in OAC 

rule 3745-15-05. If the change(s) meet(s) the definition of a “modification” under other 

provisions of the rule, then the permittee shall obtain a final permit to install prior to the 

change.

The permittee shall collect, record, and retain the following information when it conducts 

evaluations to determine that the changed emissions unit will still satisfy the “Air Toxic 

Policy”:

a. a description of the parameters changed (composition of materials, new 

pollutants emitted, change in stack/exhaust parameters, etc.);

b. documentation of the evaluation and determination that the changed emissions 

unit still satisfies the “Air Toxic Policy”; and
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 76 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

c. where computer modeling is performed, a copy of the resulting computer model 

runs that show the results of the application of the “Air Toxic Policy” for the 

change.

[PTI-04-01447]

e) Reporting Requirements

(1) The permittee shall submit quarterly deviation (excursion) reports which identify all 

exceedances of the rolling, 365-day emission limitations for CO, NOx, PM10, SO2, and 

VOC and, for the first 12 calendar months of operation after the FCCU expansion, all 

exceedances of the maximum allowable cumulative emission levels. These quarterly 

reports shall be submitted to the Toledo Division of Environmental Services (TDES) by 

January 30, April 30, July 30, and October 30 of each year.

(2) Beginning with the calendar quarter occurring during initial startup after the FCCU 

expansion, the permittee shall comply with the following quarterly reporting requirements 

for the emissions unit and its continuous CO monitoring system:

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR 60.7 and 60.13(h) and the 

requirements established in this permit, the permittee shall submit reports within 

30 days following the end of each calendar quarter to the TDOES, documenting 

all instances of CO emissions in excess of any applicable limit specified in this 

permit, 40 CFR Part 60, OAC Chapter 3745-21, and any other applicable rules or 

regulations. The report shall document the date, commencement and completion 

times, duration, and magnitude of each exceedance, as well as, the reason (if 

known) and the corrective actions taken (if any) for each exceedance. Excess 

emissions shall be reported in units of the applicable standard(s). If there are no 

excess emissions during the calendar quarter, the permittee shall submit a 

statement to that effect.

b. These quarterly reports shall be submitted to the TDES by January 30, April 30, 

July 30, and October 30 of each year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous CO and other 

associated monitors;

iii. the location of the continuous CO monitor;

iv. the exceedance report as detailed in a. above;

v. the total operating time (hours) of the emissions unit;

vi. the total operating time of the continuous CO monitoring system while the 

emissions unit was in operation;

vii. results and dates of quarterly cylinder gas audits;

viii. results and dates of the relative accuracy test audit(s), including results in 

units of the applicable standard(s), (during appropriate quarter(s));
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 77 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

ix. the results of any relative accuracy test audit showing the continuous CO 

monitor out-of-control and the compliant results following any corrective 

actions;

x. the date, time, and duration of any/each malfunction* of the continuous 

CO monitoring system, emissions unit, and/or control equipment;

xi. the date, time, and duration of any downtime* of the continuous CO 

monitoring system and/or control equipment while the emissions unit was 

in operation; and

xii. the reason (if known) and the corrective actions taken (if any) for each 

event in b.x. and b.xi.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit.

(3) Beginning with the calendar quarter occurring during initial startup after the FCCU 

expansion, the permittee shall comply with the following quarterly reporting requirements 

for the emissions unit and its continuous NOx monitoring system:

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR 60.7 and 60.13(h) and the 

requirements established in this permit, the permittee shall submit reports within 

30 days following the end of each calendar quarter to the appropriate Ohio EPA 

District Office or local air agency, documenting all instances of NOx emissions in 

excess of any applicable limit specified in this permit, 40 CFR Part 60, OAC 

Chapters 3745-14 and 3745-23, and any other applicable rules or regulations. 

The report shall document the date, commencement and completion times, 

duration, and magnitude of each exceedance, as well as the reason (if known) 

and the corrective actions taken (if any) for each exceedance. Excess emissions 

shall be reported in units of the applicable standard(s). If there are no excess 

emissions during the calendar quarter, the permittee shall submit a statement to 

that effect.

b. These quarterly reports shall be submitted to the TDES by January 30, April 30, 

July 30, and October 30 of each year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous NOx and other 

associated monitors;

iii. the location of the continuous NOx monitor;

iv. the exceedance report as detailed in a. above;

v. the total operating time (hours) of the emissions unit;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 78 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

vi. the total operating time of the continuous NOx monitoring system while 

the emissions unit was in operation;

vii. results and dates of quarterly cylinder gas audits;

viii. results and dates of the relative accuracy test audit(s), including results in

units of the applicable standard(s), (during appropriate quarter(s));

ix. the results of any relative accuracy test audit showing the continuous 

NOx monitor out-of-control and the compliant results following any 

corrective actions;

x. the date, time, and duration of any/each malfunction* of the continuous 

NOx monitoring system, emissions unit, and/or control equipment;

xi. the date, time, and duration of any downtime* of the continuous NOx

monitoring system and/or control equipment while the emissions unit was 

in operation; and

xii. the reason (if known) and the corrective actions taken (if any) for each 

event in b.x. and b.xi.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit

(4) The permittee shall submit written quarterly deviation (excursion) reports to the TDES 

that identify each deviation from the:

a. minimum pressure drop requirement for the water supplied at the discharge of 

the recirculation pumps supplying water to the Agglo-Filtering modules specified 

in c);

b. the minimum flue gas static pressure drop across the Agglo-Filtering modules 

specified in c);

c. the maximum ammonia slip limitation specified in c); and

d. combined emission limitation of 3.00 pounds SO2 per thousand pounds of fresh 

feed for P011, B046 and B047.

For each instance where either the water pressure or the flue gas static pressure falls 

outside the enforceable range must satisfy the reporting requirements of 40 CFR 60.7 

and must include, among other things: the date(s) and time the pressure was outside the 

range, the recorded pressure value (or differential pressure) at the time it was outside 

the range, the cause of the pressure falling outside the range and the corrective action 

taken to bring the pressure back into the enforceable range. If no deviations occurred 

during a calendar quarter, then a statement shall be submitted to that effect.

(5) The permittee shall comply with the following quarterly reporting requirements for the 

emissions unit and its continuous opacity monitoring system:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 79 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR Parts 60.7 and 60.13(h) and 

the requirements established in this permit, the permittee shall submit reports 

within 30 days following the end of each calendar quarter to the appropriate Ohio 

EPA District Office or local air agency, documenting all instances of opacity 

values in excess of any limitation specified in this permit, 40 CFR Part 60, OAC 

rule 3745-17-07, and any other applicable rules or regulations. The report shall 

document the date, commencement and completion times, duration, and 

magnitude (percent opacity) of each 6-minute block average exceeding the 

applicable opacity limitation(s), as well as, the reason (if known) and the 

corrective actions taken (if any) for each exceedance. If there are no 

exceedances during the calendar quarter, the permittee shall submit a statement 

to that effect.

b. These quarterly reports shall be submitted to the Toledo Division of 

Environmental Services by January 30, April 30, July 30, and October 30 of each 

year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous opacity monitor;

iii. the location of the continuous opacity monitor;

iv. the exceedance report as detailed in a. above;

v. the total operating time (hours) of the emissions unit;

vi. the total operating time of the continuous opacity monitoring system while 

the emissions unit was in operation;

vii. the date, time, and duration of any/each malfunction* of the continuous 

opacity monitoring system, emissions unit, and/or control equipment;

viii. the date, time, and duration of any downtime* of the continuous opacity 

monitoring system and/or control equipment while the emissions unit was 

in operation; and

ix. the reason (if known) and the corrective actions taken (if any) for each 

event in b.vii. and b.viii.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of the opacity limit.

NOTE: This term is not required if the permittee implements the approved alternative 

opacity monitoring plans specified in d).

(6) Beginning with the calendar quarter occurring during initial startup after the FCCU 

expansion, the permittee shall comply with the following quarterly reporting requirements 

for the emissions unit and its continuous SO2 monitoring system:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 80 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR Parts 60.7 and 60.13(h) and 

the requirements established in this permit, the permittee shall submit reports 

within 30 days following the end of each calendar quarter to the appropriate Ohio 

EPA District Office or local air agency, documenting all instances of SO2

emissions in excess of any applicable limit specified in this permit, 40 CFR Part 

60, OAC Chapter 3745-18, and any other applicable rules or regulations. The 

report shall document the date, commencement and completion times, duration, 

and magnitude of each exceedance, as well as the reason (if known) and the 

corrective actions taken (if any) for each exceedance. Excess emissions shall be 

reported in units of the applicable standard(s). If there are no excess emissions 

during the calendar quarter, the permittee shall submit a statement to that effect.

b. These quarterly reports shall be submitted to the Toledo Division of 

Environmental Services by January 30, April 30, July 30, and October 30 of each 

year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous SO2 and other 

associated monitors;

iii. the location of the continuous SO2 monitor;

iv. the exceedance report as detailed in a. above;

v. the total operating time (hours) of the emissions unit;

vi. the total operating time of the continuous SO2 monitoring system while 

the emissions unit was in operation;

vii. results and dates of quarterly cylinder gas audits;

viii. results and dates of the relative accuracy test audit(s), including results in 

units of the applicable standard(s), (during appropriate quarter(s));

ix. the results of any relative accuracy test audit showing the continuous SO2

monitor out-of-control and the compliant results following any corrective 

actions;

x. the date, time, and duration of any/each malfunction* of the continuous 

SO2 monitoring system, emissions unit, and/or control equipment;

xi. the date, time, and duration of any downtime* of the continuous SO2

monitoring system and/or control equipment while the emissions unit was 

in operation;

xii. the reason (if known) and the corrective actions taken (if any) for each 

event in b.x. and xi.;

xiii. the dates for which and brief explanations as to why fewer than 18 valid 

hours of data were obtained for the continuous monitoring system;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 81 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

xiv. identification of times when hourly averages have been obtained based 

on manual sampling methods;

xv. identification of the times when the pollutant concentration exceeded the 

full span of the continuous monitoring system; and

xvi. description of any modifications to the continuous monitoring system that 

could affect the ability of the continuous monitoring system to comply with 

Performance Specifications 2 or 3.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter. For any periods for which sulfur dioxide or oxides 

emissions data are not available, the permittee shall submit a signed statement 

indicating if any changes were made in operation of the emission control system 

during the period of data unavailability which could affect the ability of the system 

to meet the applicable emission limit. Operations of the control system and 

affected facility during periods of data unavailability are to be compared with 

operation of the control system and affected facility before and following the 

period of data unavailability. 

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit

(7) [40 CFR Part 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: CATALYTIC CRACKING UNITS 

The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District Office or local air agency as required, per the 

following sections: 

63.1574 Any notification(s) not previously submitted

63.1575 Semi-annual compliance, deviation, CEM or COM reports

63.1563(f) Notification requirements of this subpart and those in Part 63, 

subpart A.

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

20 percent opacity as a 6-minute average

Applicable Compliance Method:

Compliance shall be demonstrated based upon the visible particulate emission 

observations performed in accordance with the procedures specified in 40 CFR 

Part 60, Appendix A, Method 9 and the procedures of 40 CFR 60.11. Alternative 

U.S. EPA approved test methods may be used with prior approval from Ohio 

EPA.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 82 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

b. Emission Limitation:

The combined CO emissions from P011, B046 and B047 shall be reduced by a 

minimum of a 99% control efficiency

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation using Methods 1 through 4 of 40 CFR Part 60, Appendix A and the 

methods and procedures of 40 CFR 60.106(d) to determine both the uncontrolled 

and controlled CO emissions. Alternative U.S. EPA approved test methods may 

be used with prior approval from the Ohio EPA.

c. Emission Limitation:

The combined CO emissions from P011, B046 and B047 shall not exceed 

1,087.28 tons per year, based upon a rolling, 365-day summation of the daily 

emissions.

Applicable Compliance Method:

The annual emission limitation was developed by multiplying the maximum 

oxygen free stack flow rate (311,470 dscfm) by 60 minutes per hour, multiplied 

by 24 hours/day, multiplied by 365 days/year, multiplied by the allowable annual 

CO concentration (180 parts CO by volume dry at 0% O2), divided by 1,000,000 

parts, multiply by the molecular weight of CO (28 lb/lb-mole), and divide by the 

molar volume (379.43 ft3/lb-mole), divided by 2000 pounds per ton. The 

monitoring and recordkeeping requirements of d) shall be used to demonstrate 

compliance with this emission limitation.

d. Emission Limitation:

The combined CO emissions from P011, B046 and B047 shall not exceed 500 

ppmvd at 0% O2 on a 1-hour average basis

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance using the methods and 

procedures of 40 CFR 60.106(d). Alternative U.S. EPA approved test methods 

may be used with prior approval from the Ohio EPA.

e. Emission Limitation:

The combined CO emissions from P011, B046 and B047 shall not exceed 180 

ppmvd at 0% O2 based upon a rolling, 365-day average

Applicable Compliance Method:

Compliance with this emission limitation shall be demonstrated by the monitoring 

and recordkeeping requirements for the continuous CO emissions monitoring 

system and continuous flow monitoring system required in d).
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 83 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

f. Emission Limitation:

The combined NOx emissions from P011, B046 and B047 shall not exceed 

198.51 tons per year, based upon a rolling, 365-day summation of the daily 

emissions.

Applicable Compliance Method:

The annual emission limitation was developed by multiplying the maximum 

oxygen free stack flow rate (311,470 dscfm) by 60 minutes per hour, multiplied 

by 24 hours/day, multiplied by 365 days/year, multiplied by the annual average 

NOx concentration (20 parts NOx by volume dry at 0% O2), divided by 1,000,000 

parts, multiply by the molecular weight of NO2 (46.01 lb/lb-mole), and divide by 

the molar volume (379.43 ft3/lb-mole), divided by 2000 pounds per ton. The 

monitoring and recordkeeping requirements of d) shall be used to demonstrate 

compliance with this emission limitation.

g. Emission Limitation:

The combined NOx emissions from P011, B046 and B047 shall not exceed 40 

ppmvd based on a 7-day rolling average, at 0% oxygen

Applicable Compliance Method:

The following calculation procedure shall be used along with the monitoring and 

recordkeeping requirements in d) for determining compliance.

i. Calculate each 1-hour average concentration (dry, zero percent oxygen, 

ppmv) of NOx at the outlet to the add-on control device as specified in 40 

CFR 60.13(h). These calculations are made using the emission data 

collected by the NOx CEMS required in d).

ii. Calculate a 7-day average (arithmetic mean) concentration of NOx for the 

outlet to the add-on control device using all of the 1-hour average 

concentration values obtained during 7 successive 24-hour periods.

iii. If supplemental sampling data are used for determining the 7-day 

averages under this section and such data are not hourly averages, then 

the value obtained for each supplemental sample shall be assumed to 

represent the hourly average for each hour over which the sample was 

obtained.

iv. For the purpose of adjusting pollutant concentrations to zero percent 

oxygen, the following equation shall be used: 

Cadj=Cmeas[20.9c/(20.9- %O2)] 

where: 

Cadj=pollutant concentration adjusted to zero percent oxygen, ppm or 

g/dscm 

Cmeas=pollutant concentration measured on a dry basis, ppm or g/dscm 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 84 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

20.9c=20.9 percent oxygen - 0.0 percent oxygen (defined oxygen 

correction basis), percent

20.9=oxygen concentration in air, percent 

%O2=oxygen concentration measured on a dry basis, percent

h. Emission Limitation:

The combined NOx emissions from P011, B046 and B047 shall not exceed 20 

ppmvd based on a 365-day rolling average, at 0% oxygen

Applicable Compliance Method:

The following calculation procedure shall be used along with the monitoring and 

recordkeeping requirements d) for determining compliance.

i. Calculate each 1-hour average concentration (dry, zero percent oxygen, 

ppmv) of NOx at the outlet to the add-on control device as specified in 40 

CFR 60.13(h). These calculations are made using the emission data 

collected by the NOx CEMS required in d).

ii. Calculate a 365-day average (arithmetic mean) concentration of NOx for 

the outlet to the add-on control device using all of the 1-hour average 

concentration values obtained during 365 successive 24-hour periods.

iii. If supplemental sampling data are used for determining the 365-day 

averages under this section and such data are not hourly averages, then 

the value obtained for each supplemental sample shall be assumed to 

represent the hourly average for each hour over which the sample was 

obtained.

iv. For the purpose of adjusting pollutant concentrations to zero percent 

oxygen, the following equation shall be used: 

Cadj=Cmeas[20.9c/(20.9- %O2)] 

where: 

Cadj=pollutant concentration adjusted to zero percent oxygen, ppm or 

g/dscm 

Cmeas=pollutant concentration measured on a dry basis, ppm or g/dscm 

20.9c=20.9 percent oxygen - 0.0 percent oxygen (defined oxygen 

correction basis), percent

20.9=oxygen concentration in air, percent 

%O2=oxygen concentration measured on a dry basis, percent
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 85 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

i. Emission Limitation:

The combined filterable PM emissions from P011, B046 and B047 shall not 

exceed 0.45 pound per thousand pounds of coke burn-off

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance using the methods and

procedures of 40 CFR 60.106(a) and (b). Alternative U.S. EPA approved test 

methods may be used with prior approval from the Ohio EPA.

j. Emission Limitation:

The combined filterable PM emissions from P011, B046 and B047 shall not 

exceed 165.96 tons per year

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the short term 

filterable PM emission limitation (0.45 pound per 1,000 pounds of coke burn-off) 

by the maximum coke burn-off rate (84,200 pounds of coke burnoff per hour) 

multiplied by the maximum annual hours of operation (8,760 hours/year) and 

divided by 2,000 pounds per ton.

k. Emission Limitation:

The combined PM10 emissions from P011, B046 and B047 shall not exceed 0.90 

pound per thousand pounds of coke burn-off.

Applicable Compliance Method:

This emission limitation was based on an emission factor submitted by the 

permittee based on the permittee's best available information. If required, the 

permittee shall demonstrate compliance through emissions testing performed in 

accordance with Methods 201 and 202 of 40 CFR Part 51, Appendix M. 

Alternative U.S. EPA approved test methods may be used with prior approval 

from the Ohio EPA.

l. Emission Limitation:

The combined PM10 emissions from P011, B046 and B047 shall not exceed 

331.92 tons per year, based upon a rolling, 365-day summation of the daily 

emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the allowable 

PM10 emission rate (0.90 lb/1,000 pounds of coke burn-off) by the maximum coke 

burn-off rate(84,200 pounds of coke burn-off per hour) multiplied by the 

maximum annual hours of operation (8760 hrs/yr), and then dividing by 2000 

pounds per ton.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 86 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

m. Emission Limitation:

The combined emissions from P011, B046, and B047 shall not exceed 3.00 

pounds of sulfur dioxide (SO2) per thousand pounds of fresh feed.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance using Methods 1 through 

4 and 6 or 6C of 40 CFR Part 60, Appendix A. Alternative U.S. EPA Approved 

test methods may be used with prior approval from the Ohio EPA.

n. Emission Limitation:

The combined SO2 emissions from P011, B046 and B047 shall not exceed 316 

pounds per hour.

Applicable Compliance Method:

This emission limitation is based on the following calculation using the permitteesupplied emission factor of 100 ppmvd SO2 at 0% oxygen. Multiply the maximum 

oxygen free stack flow rate (311,470 dscfm) by 60 minutes per hour, multiply by 

the maximum SO2 concentration (100 parts SO2 by volume dry at 0% O2), 

divided by 1,000,000 parts, multiply by the molecular weight of SO2 (64.1 lb/lbmole), and divide by the molar volume (379.43 ft3/lb-mole).

If required, compliance shall be demonstrated using the methods and procedures 

of OAC rule 3745-18-04(E)(1). Alternative U.S. EPA approved test methods may 

be used with prior approval from the Ohio the EPA.

o. Emission Limitation:

The combined SO2 emissions from P011, B046 and B047 shall not exceed 

345.71 tons per year, based upon a rolling, 365-day summation of the daily 

emissions.

Applicable Compliance Method:

The annual emission limitation was developed by multiplying the maximum 

oxygen free stack flow rate (311,470 dscfm) by 60 minutes per hour, multiplied 

by 24 hours/day, multiplied by 365 days/year, multiplied by the annual average 

SO2 concentration (25 parts SO2 by volume dry at 0% O2), divided by 1,000,000 

parts, multiply by the molecular weight of SO2 (64.1 lb/lb-mole), and divide by the 

molar volume (379.43 ft3/lb-mole), divided by 2000 pounds per ton. The 

monitoring and recordkeeping requirements of d) shall be used to demonstrate 

compliance with this emission limitation.

p. Emission Limitation:

The combined SO2 emissions from P011, B046 and B047 shall not exceed 25 

ppmvd, based upon a rolling, 365-day summation of the daily emissions, at 0% 

oxygen
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 87 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

The following calculation procedure shall be used for determining compliance.

i. Calculate each 1-hour average concentration (dry, zero percent oxygen, 

ppmv) of sulfur dioxide at the outlet to the add-on control device as 

specified in 40 CFR 60.13(h). These calculations are made using the 

emission data collected under 40 CFR 60.105(a).

ii. Calculate a 365-day average (arithmetic mean) concentration of sulfur 

dioxide for the outlet to the add-on control device using all of the 1-hour 

average concentration values obtained during 365 successive 24-hour 

periods.

iii. If supplemental sampling data are used for determining the 365-day 

averages under this section and such data are not hourly averages, then 

the value obtained for each supplemental sample shall be assumed to 

represent the hourly average for each hour over which the sample was 

obtained.

iv. For the purpose of adjusting pollutant concentrations to zero percent 

oxygen, the following equation shall be used: 

Cadj=Cmeas[20.9c/(20.9- %O2)] 

where: 

Cadj=pollutant concentration adjusted to zero percent oxygen, ppm or 

g/dscm 

Cmeas=pollutant concentration measured on a dry basis, ppm or g/dscm 

20.9c=20.9 percent oxygen - 0.0 percent oxygen (defined oxygen 

correction basis), percent 

20.9=oxygen concentration in air, percent 

%O2=oxygen concentration measured on a dry basis, percent

q. Emission Limitation:

The combined SO2 emissions from P011, B046 and B047 shall not exceed 50 

ppmvd based on a 7-day rolling average, at 0% oxygen

Applicable Compliance Method:

The permittee shall demonstrate compliance with this emissions limitation using 

the methods and procedures of 40 CFR 60.106(h).

r. Emission Limitation:

The combined PM10 emissions from P011, B046 and B047 shall be controlled by 

a minimum of 95%
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 88 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable compliance method:

If required, the permittee shall demonstrate compliance through emissions 

testing performed in accordance with Methods 201 and 202 of 40 CFR Part 51, 

Appendix M at both the inlet to and the outlet of the wet gas scrubber. 

Alternative U.S. EPA approved test methods may be used with prior approval 

from the Ohio EPA.

s. Emission Limitation:

The combined VOC emissions from P011, B046 and B047 shall not exceed 3.67 

pounds per hour

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Methods 1 

through 4 and 25 or 25A, as appropriate, of 40 CFR Part 60, Appendix A. Use of 

Method 25 or 25A is to be selected based on the results of pre-survey stack 

sampling and U.S. EPA guidance documents. Alternative U.S. EPA approved 

test methods may be used with prior approval from the Ohio EPA.

t. Emission Limitation:

The combined VOC emissions from P011, B046 and B047 shall not exceed 

16.07 tons per year, based upon a rolling, 365-day summation of the daily 

emissions

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the short term 

VOC emission limitation (3.67 pounds per hour) by the maximum annual hours of 

operation (8,760 hours/year) and divided by 2,000 pounds per ton.

u. Emission Limitation:

Ammonia slip emissions shall not exceed 5 ppmv

Applicable Compliance Method:

The monitoring and recordkeeping requirements of d) shall serve as 

demonstration of compliance.

If required, the permittee shall demonstrate compliance using U.S. EPA 

Conditional Test Method (CTM) 027. Alternative U.S. EPA approved test 

methods may be used with prior approval from the Ohio EPA.

v. Emission Limitation:

The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 10 ppmv.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 89 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

This emission limitation is based on a manufacturer's guaranteed emission rate 

supplied by the permittee. If required, the permittee shall demonstrate 

compliance with this emission limitation using Method 8 of 40 CFR Part 60, 

Appendix A. Alternative U.S. EPA approved test methods may be used with 

prior approval from the Ohio EPA.

w. Emission Limitation:

The combined sulfuric acid (H2SO4) mist emissions from the FCCU (P011) and 

CO Boilers (B046 and B047) shall not exceed 215.84 tons per year, based upon 

a rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated by multiplying the maximum 

stack flow rate (317,989 dscfm) by 60 minutes per hour, multiplied by 24 

hours/day, multiplied by 365 days/year, multiplied by the maximum H2SO4 mist 

concentration (10 ppmvd), divided by 1,000,000 parts, multiply by the molecular 

weight of (98 lb/lb-mole), and divide by the molar volume (379.43 ft3/lb-mole), 

divided by 2000 pounds per ton.

(2) The permittee shall conduct, or have conducted, emission testing for this emissions unit 

in accordance with the following requirements:

a. The emissions testing shall be conducted within 60 days of achieving the 

maximum production rate after initial startup after the FCCU expansion, but no 

later than 180 days after initial startup after the FCCU expansion to demonstrate 

compliance with the allowable:

i. concentrations: ammonia (1-hr average); CO (1-hour average); NOx and 

SO2 (7-day rolling average); H2SO4 (1-hr average);

ii. mass emissions rates for filterable PM (lb/1000 pounds of coke burn-off), 

PM10 (lb/hr and lb/1000 pounds of coke burnoff), SO2 (lb/hr), and VOC 

(lb/hr);

iii. CO control efficiency (testing shall include a determination of both the 

uncontrolled and controlled CO emissions to determine the control 

efficiency); and

iv. PM10 control efficiency (testing shall include a determination of both the 

uncontrolled and controlled PM10 emissions to determine the control 

efficiency).

b. The following test method(s) shall be employed to demonstrate compliance with 

the allowable concentrations, mass emission rate(s) and control efficiency:
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 90 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

i. Methods 1 through 4 of 40 CFR Part 60, Appendix A and the methods 

and procedures of 40 CFR 60.106(d) for CO (uncontrolled and controlled 

emissions);

ii. See f)(1) for determining the 7-day rolling average NOx concentrations;

iii. 40 CFR 60.106(a) and (b) for filterable PM (lb/ton of coke burnoff);

iv. Methods 201 and 202 of 40 CFR Part 51, Appendix M for lb/hr PM10

(uncontrolled and controlled emissions);

v. Methods 1-4 and 6 or 6C of 40 CFR Part 60, Appendix A for determining 

lb/hr SO2 emissions;

vi. 40 CFR 60.106(h) for 7-day rolling average SO2 concentrations;

vii. Methods 1 through 4 and 25 or 25A, as appropriate, of 40 CFR Part 60, 

Appendix A. Use of Method 25 or 25A is to be selected based on the 

results of pre-survey stack sampling and U.S. EPA guidance documents;

viii. U.S. EPA Conditional Test Method (CTM) 027 for ammonia emissions; 

and

ix. Method 8 of 40 CFR Part 60, Appendix A for H2SO4 emissions.

c. The test(s) shall be conducted while the emissions unit is operating at or near its 

maximum capacity, unless otherwise specified or approved by the appropriate 

Ohio EPA District Office or local air agency.

Not later than 30 days prior to the proposed test date(s), the permittee shall 

submit an “Intent to Test” notification to the TDES for all emission tests. The 

“Intent to Test” notification shall describe in detail the proposed test methods and 

procedures, the emissions unit operating parameters, the time(s) and date(s) of 

the test(s) and the person(s) who will be conducting the test(s). Failure to submit 

such notification for review and approval prior to the test(s) may result in the 

TDES refusal to accept the results of the emission test.

Personnel from the TDES shall be permitted to witness the test(s), examine the 

testing equipment, and acquire data and information necessary to ensure that the 

operation of the emissions unit and the testing procedures provide a valid 

characterization of the emissions from the emissions unit and/or the performance 

of the control equipment. 

A comprehensive written report on the results of any emissions tests shall be 

signed by the person or persons responsible for the tests and submitted to the 

TDES within 30 days following completion of the tests.

(3) Within 60 days of achieving the maximum production rate after initial startup after the 

FCCU expansion, but no later than 180 days after initial startup after the FCCU 

expansion, the permittee shall conduct certification tests of the continuous CO 

monitoring system in units of the applicable standard(s), to demonstrate compliance with 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 91 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

40 CFR Part 60, Appendix B, Performance Specification 4 or 4a (as appropriate); and 

ORC section 3704.03(I).

Personnel from the Ohio EPA Central Office and the appropriate Ohio EPA District 

Office or local air agency shall be notified 30 days prior to initiation of the applicable 

tests and shall be permitted to examine equipment and witness the certification tests. 

Two copies of the test results shall be submitted to Ohio EPA, one copy to the 

appropriate Ohio EPA District Office or local air agency and one copy to Ohio EPA 

Central Office, and pursuant to OAC rule 3745-15-04, within 30 days after the test is 

completed.

Certification of the continuous CO monitoring system shall be granted upon 

determination by the Ohio EPA Central Office that the system meets the requirements of 

40 CFR Part 60, Appendix B, Performance Specifications 4 or 4a (as appropriate) and 

ORC section 3704.03(I). The letter/document of certification of the continuous CO 

monitoring system, issued by the Ohio EPA, shall be maintained on file upon receipt and 

made available to the Director (the appropriate Ohio EPA District Office or local air 

agency) upon request.

Ongoing compliance with the CO emission limitations contained in this permit, 40 CFR 

Part 60, and any other applicable standard(s) shall be demonstrated through the data 

collected as required in the Monitoring and Record keeping Section of this permit; and 

through demonstration of compliance with the quality assurance/quality control plan, 

which shall meet the requirements of 40 CFR Part 60.

(4) Within 60 days of achieving the maximum production rate after initial startup after the 

FCCU expansion, but no later than 180 days after initial startup after the FCCU 

expansion, the permittee shall conduct certification tests of the continuous NOx 

monitoring system in units of the applicable standard(s) to demonstrate compliance with 

40 CFR Part 60, Appendix B, Performance Specifications 2; and ORC section 

3704.03(I).

Personnel from the Ohio EPA Central Office and the appropriate Ohio EPA District 

Office or local air agency shall be notified 30 days prior to initiation of the applicable 

tests and shall be permitted to examine equipment and witness the certification tests. 

Two copies of the test results shall be submitted to Ohio EPA, one copy to the 

appropriate Ohio EPA District Office or local air agency and one copy to Ohio EPA 

Central Office, and pursuant to OAC rule 3745-15-04, within 30 days after the test is 

completed.

Certification of the continuous NOx monitoring system shall be granted upon 

determination by the Ohio EPA, Central Office that the system meets the requirements 

of 40 CFR Part 60, Appendix B, Performance Specifications 2; and ORC section 

3704.03(I). The letter/document of certification of the continuous NOx monitoring 

system, issued by the Ohio EPA, shall be maintained on file upon receipt and made 

available to the Director (the appropriate Ohio EPA District Office or local air agency) 

upon request.

Ongoing compliance with the NOx emissions limitations contained in this permit, 40 CFR 

Part 60, and any other applicable standard(s) shall be demonstrated through the data 

collected as required in the Monitoring and Record keeping Section of this permit; and 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 92 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

through demonstration of compliance with the quality assurance/quality control plan, 

which shall meet the requirements of 40 CFR Part 60.

(5) Ongoing compliance with the opacity limitation contained in this permit, 40 CFR Part 60, 

and any other applicable standard(s) shall be demonstrated through the data collected 

as required in the Monitoring and Record keeping Section of this permit; and through 

demonstration of compliance with the quality assurance/quality control plan, which shall 

meet the requirements of 40 CFR Part 60.

(6) Within 60 days of achieving the maximum production rate after initial startup after the 

FCCU expansion, but no later than 180 days after initial startup after the FCCU 

expansion, the permittee shall conduct certification tests of the continuous SO2

monitoring system in units of the applicable standard(s) to demonstrate compliance with 

40 CFR Part 60, Appendix B, Performance Specifications 2; and ORC section 

3704.03(I).

Personnel from the Ohio EPA Central Office and the appropriate Ohio EPA District 

Office or local air agency shall be notified 30 days prior to initiation of the applicable 

tests and shall be permitted to examine equipment and witness the certification tests. 

Two copies of the test results shall be submitted to Ohio EPA, one copy to the 

appropriate Ohio EPA District Office or local air agency and one copy to Ohio EPA 

Central Office, and pursuant to OAC rule 3745-15-04, within 30 days after the test is 

completed.

Certification of the continuous SO2 monitoring system shall be granted upon 

determination by the Ohio EPA, Central Office that the system meets the requirements 

of 40 CFR Part 60, Appendix B, Performance Specifications 2; and ORC section 

3704.03(I). The letter/document of certification of the continuous SO2 monitoring system, 

issued by the Ohio EPA, shall be maintained on file upon receipt and made available to 

the Director (the appropriate Ohio EPA District Office or local air agency) upon request.

Ongoing compliance with the SO2 emission limitations contained in this permit, 40 CFR 

Part 60, and any other applicable standard(s) shall be demonstrated through the data 

collected as required in the Monitoring and Record keeping Section of this permit; and 

through demonstration of compliance with the quality assurance/quality control plan, 

which shall meet the requirements of 40 CFR Part 60.

(7) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: CATALYTIC CRACKING UNITS 

The permittee shall comply with the applicable testing requirements required under 40 

CFR Part 63, subpart UUU, including the following sections:

63.1564(b) Required to install a COM according to the requirements in 

63.1572 and Table 3 of this subpart, conduct a performance test 

for PM according to the requirements in 63.1571 and Table 4 of 

this subpart for initial compliance.

63.1564(c) Demonstrate continuous compliance with emission limitations in 

Tables 1 and 2 and work practice standards.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 93 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

63.1565(b) Required to install a CEM for CO emissions and demonstate 

initial compliance with the emission limit and work practice 

standards.

63.1565(c) Demonstrate continuous compliance with applicable emission 

limitations in Tables 8 and 9 and with the work practice 

standards. The CO emissions shall not exceed 500 ppmv (dry 

basis). For the CO boilers, maintain the daily average 

combustion zone greater than 1300oF.

63.1569(b) Demonstrate initial compliance with work practice standards for 

bypass lines.

63.1569(c) Demonstrate continuous compliance with the work practice 

standards for bypass lines in Table 36.

63.1571 Must conduct initial compliance tests or performance tests as 

applicable.

g) Miscellaneous Requirements

(1) The following tables from 40 CFR Part 63 subpart UUU are applicable to this emissions 

unit: 

Tables 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 36; 37; 38; 39; 40; 41; 42; 43 and 44.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 94 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

6. P012, SRU

Operations, Property and/or Equipment Description: 

(P012) - Claus sulfur recovery unit No. 1 and sulfur pit with tail gas unit and incinerator. 

Emissions from the Claus sulfur recovery unit will be vented to the number 1 tail gas treater with 

incinerator with 7 mmBtu/hr incinerator.

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) Terms d)(7), (8) and (9).

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(C)

(PTI 04-01447 issued 9/29/06 and

modified on 1/23/07)

See b)(2)a., (2)f. and (2)g.

b. OAC rule 3745-18-54(O)(9) 0.07 pounds of sulfur dioxide per pound 

of sulfur processed

c. OAC rule 3745-21-09(T) See b)(2)h.

d. 40 CFR Part 60, Subpart A See b)(2)a. and (2)c.

e. 40 CFR Part 60, Subpart J See b)(2)a. and (2)b. 

f. 40 CFR Part 63, Subpart A

(40 CFR 63.1577)

See b)(2)d.

g. 40 CFR Part 63, Subpart UUU

[In accordance with 40 CFR 

63.1561(a)(1)(iii), this emissions unit 

is a SRU at an existing petroleum 

refinery subject to the emission 

limitations/control measures specified in this section.]

See b)(2)e.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 95 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(2) Additional Terms and Conditions

a. Effective March 14, 2006, this emissions unit shall be an affected facility under 

NSPS, 40 CFR Part 60, Subparts A and J. Terms c)(1) through (4) [below] set 

forth a compliance plan and interim compliance requirements for this emissions 

unit to comply with 40 CFR Part 60, Subpart J. The permittee shall comply with 

the requirements of 40 CFR Part 60, Subparts A and J applicable to this 

emissions unit by no later than December 31, 2009. If during the interim period 

between the issuance date of this Permit to Install and the date the permittee 

comes into compliance with the requirements of 40 CFR Part 60, Subparts A and 

J the permittee complies with the requirements of c)(1) through (4) [below], the 

U.S. EPA and Ohio EPA will consider this emissions unit to be in compliance with 

the requirements of 40 CFR Part 60, Subparts A and J.

Compliance with c)(1) through (4) [below] shall satisfy the notice requirements of 

40 CFR 60.7(a) and the initial performance test requirements of 40 CFR 60.8.

b. The permittee shall not discharge or cause the discharge of any gases into the 

atmosphere from any Claus sulfur recovery plant containing in excess of 250 

ppm by volume (dry basis) of sulfur dioxide (SO2) at zero percent excess air as a 

rolling, 12-hour average. The permittee shall comply with this emission limitation 

by no later than December 31, 2009.

c. 40 CFR Part 60, Subpart A provides applicability provisions, definitions, and 

other general provisions that are pertinent to emissions units affected by 40 CFR 

Part 60.

d. 40 CFR Part 63, Subpart A provides applicability provisions, definitions, and 

other general provisions that are pertinent to emissions units affected by 40 CFR 

Part 63. Table 44 of 40 CFR Part 63, Subpart UUU shows which parts of the 

General Provision in 40 CFR Part 63.1 through 63.15 apply to this emissions 

unit.

e. The permittee shall comply with the applicable emission limitations and work 

practice standards for existing emissions units in 40 CFR Part 63, Subpart UUU.

f. The permittee shall maintain a Preventive Maintenance and Malfunction plan 

(PMMAP) as described in the Consent Decree dated May 2, 1995. The permittee 

shall follow the control plan to minimize air quality impacts during SRU 

turnarounds and malfunctions.

g. Within 180 days of the effective date of this permit, the permittee shall develop 

and maintain a written quality assurance/quality control plan for the continuous 

SO2 monitoring systems, designed to ensure continuous valid and representative 

readings of SO2 emissions in units of the applicable standard(s). The plan shall 

follow the requirements of 40 CFR Part 60, Appendix F. The quality 

assurance/quality control plan and a logbook dedicated to the continuous SO2

monitoring systems must be kept on site and available for inspection during 

regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or 

relative accuracy audits as required in 40 CFR Part 60; and to conduct relative 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 96 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

accuracy test audits in units of the standard(s), in accordance with and at the 

frequencies required per 40 CFR Part 60 Subparts A and J.

h. The permittee shall comply with the applicable equipment leak monitoring 

requirements in the terms and conditions for emissions unit P801, sections b), c), 

d), e) and f), referencing OAC rule 3745-21-09(T).

c) Operational Restrictions

(1) [CD, section I.43.b.] NSPS Compliance - Interim Controls

The permittee shall implement the following interim control measures at this emissions 

unit:

a. The permittee shall maintain and operate an SO2 continuous emissions 

monitoring system (CEMS) for monitoring the emissions from the sulfur recovery 

plant (SRP) in accordance with 40 CFR Part 60, Subpart A and 40 CFR 60.13, 

and shall comply, during the interim period, with the specific monitoring and 

reporting provisions established c)(1)c. below.

b. By 180 days after March 14, 2006, the permittee shall complete or shall have 

completed an optimization study to minimize emissions and to maximize sulfur 

recovery efficiencies and shall submit a copy of that study to the U.S. EPA, Ohio 

EPA Central Office, and the Toledo Division of Environmental Services (TDOES). 

The permittee shall implement the results of the optimization study that could 

reasonably optimize the performance of the sulfur recovery plant by no later than 

March 14, 2007.

c. By no later than March 14, 2007, the permittee shall submit a report to U.S. EPA, 

Ohio EPA Central Office, and TDES that proposes an appropriate interim 

performance standard (a range of percent recovery or other performance 

standard), appropriate monitoring and reporting requirements for the proposed 

interim performance standard and, if necessary, a schedule for implementing 

additional optimization study recommendations that would ensure that the SRP 

comply with the permittee's proposed standard. Beginning with the date of such 

submission, the permittee shall comply with its proposed interim performance 

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

optimization study recommendations.

d. If EPA determines, based on the results of the study and other available and 

relevant information, that a more stringent interim performance standard and/or a 

different implementation schedule is appropriate and can be achieved with a 

reasonable certainty of compliance, after an opportunity for consultation with 

Ohio EPA, EPA shall so notify the permittee.

Unless the permittee disputes EPA’s determination(s) within 90 days of its receipt 

of that notice, it shall comply with such new standard within 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 The permittee. The permittee shall continue to comply with the 

appropriate interim performance standard until such time as the permittee 

completes installation of the tail gas units (TGUs) in accord with the schedules 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 97 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

under c)(1) through (4) and operates the Toledo SRP in compliance with NSPS 

Subpart J.

(2) [CD, section I.44.] NSPS Optimization Study

The sulfur recovery plant optimization study shall meet the following requirements:

a. a detailed evaluation of the Claus plant design and capacity, of the operating 

parameters and of the conversion and recovery efficiencies across the reaction 

furnace, waste heat boiler and each catalytic converter – including assessment of 

catalytic activity and determinations of material balances;

b. an analysis of the composition and variability of the acid gas and sour water 

stripper gas resulting from the processing of the crude slate actually used, or 

expected to be used, in those Claus train(s);

c. a review of each critical piece of process equipment and instrumentation within 

the Claus train to correct problems that have prevented the Claus train from 

achieving its optimal sulfur recovery efficiency;

d. establishment of baseline data through testing and measurement of key 

parameters throughout the Claus train;

e. establishment of a thermodynamic process model of the Claus train;

f. 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;

g. verification through testing, analysis of continuous emission monitoring data or 

other means, of incremental and cumulative improvements in sulfur recovery 

efficiency, if any;

h. establishment of new operating procedures for long-term efficient operation; and

i. the study shall be conducted to optimize the performance of the Claus train in 

light of the actual characteristics of the feeds to the train.

(3) [CD, section I.45.] Sulfur Pit Emissions

The permittee shall route all sulfur pit emissions so that they are eliminated, controlled, 

or included and monitored as part of the sulfur recovery plant's emissions subject to the 

40 CFR Part 60, Subpart J limitation for SO2, 40 CFR 60.104(a)(2), by no later than the 

first turnaround of the Claus train that occurs on or after March 14, 2007 or by December 

31, 2008 (whichever first occurs).

(4) [CD, section I.47.a] Good Operation and Maintenance

By no later than 180 days from March 14, 2006, the permittee shall submit or shall have 

submitted to the U.S. EPA, Ohio EPA, and the Toledo Division of Environmental 

Services a summary of the plans, implemented or to be implemented, at the Toledo 

Refinery for enhanced maintenance and operation of the sulfur recovery plant (SRP), 

and tail gas units (TGUs), including any supplemental control devices, and the 

appropriate upstream process units. This plan shall be termed a Preventive Maintenance 

and Operation Plan (PMOP). The PMOP shall be a compilation of the permittee's 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 98 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

approaches for exercising good air pollution control practices and for minimizing SO2

emissions (including the PMOP described under b)(2)f. at the Toledo Refinery. The 

PMOP shall have as its goal the elimination of Acid Gas Flaring and the continuous 

operation of the SRP, between scheduled maintenance turnarounds, with a minimization 

of emissions. The PMOP shall include, but not be limited to, sulfur shedding procedures, 

startup and shutdown procedures, emergency procedures and schedules to coordinate 

maintenance turnarounds of the SRP Claus trains and associated TGUs to coincide, if 

necessary to minimize emissions, with scheduled turnarounds of major Upstream 

Process Units. The permittee shall operate consistent with the PMOP at all times, 

including periods of startup, shutdown and malfunction of its SRP. Changes to a PMOP 

related to minimizing acid gas flaring and/or SO2 emissions shall be summarized and 

reported by the permittee to U.S. EPA, Ohio EPA and the Toledo Division of 

Environmental Services on an annual basis.

(5) [CD, section I.47.b.] Good Operation and Maintenance

U.S. EPA, Ohio EPA and the Toledo Division of Environmental Services do not, by their 

review of a PMOP and/or by their failure to comment on a PMOP, warrant or aver in any 

manner that any of the actions that the permittee may take pursuant to such PMOP will 

result in compliance with the provisions of the Clean Air Act or any other applicable 

federal, state, or local law or regulation. Notwithstanding the review by EPA or any state 

agency of a PMOP, the permittee shall remain solely responsible for compliance with the 

Clean Air Act and such other laws and regulations.

(6) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT 

The permittee shall comply with the applicable restrictions in 63.1568, including the 

following sections:

63.1568(a)(2) Must meet the emission limitation in Table 29 (option 3) until the 

new tail gas unit is installed, then (option 1).

63.1568(a)(3) Must prepare an operation, maintenance, and monitoring plan 

according to the requirements in 63.1574(f) and operate 

accordingly.

d) Monitoring and/or Recordkeeping Requirements

(1) SO2 CEMS RECORDKEEPING

The permittee shall maintain on-site documentation from the U.S. EPA or the Ohio 

EPA’s Central Office documenting that the continuous SO2 monitoring system has been 

certified to meet the requirements of 40 CFR Part 60, Appendix B, Performance 

Specifications 2. The letter/document of certification shall be made available to the 

Director (the appropriate Ohio EPA District Office or local air agency) upon request.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(2) The permittee shall operate, and maintain equipment to continuously monitor and record 

SO2 emissions from this emissions unit in units of the applicable standard(s). The 
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continuous monitoring and recording equipment shall comply with the requirements 

specified in 40 CFR Part 60.

The permittee shall maintain records of data obtained by the continuous SO2 monitoring 

system including, but not limited to:

a. emissions of SO2 in parts per million on an instantaneous (one-minute) basis*;

b. emissions of SO2 in all units of the applicable standard(s) in the appropriate 

averaging period;

c. results of quarterly cylinder gas audits;

d. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

e. results of required relative accuracy test audit(s), including results in units of the 

applicable standard(s);

f. hours of operation of the emissions unit, continuous SO2 monitoring system, and 

control equipment;

g. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous SO2 monitoring system;

h. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous SO2 monitoring 

system; as well as,

i. the reason (if known) and the corrective actions taken (if any) for each such 

event in g. and h.

NOTE: Valid minute by minute CEMS data shall not be required during periods in which 

scheduled CEMS system maintenance events (such as system blow-backs) occur. 

Minute by minute data recorded during a scheduled maintenance event shall be flagged 

as invalid due to the scheduled maintenance event, and not used in future compliance 

determination calculations.

(3) SO2 RECORDKEEPING

a. The permittee shall maintain daily records of the following information, while the 

emissions unit is in operation:

i. the total amount of sulfur processed;

ii. the total SO2 emissions, in pounds, from the Claus unit and the flare(s); 

and

iii. the average SO2 emission rate, in pound of SO2 per pound of sulfur 

processed.
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b. For a specific period of time, the amount of sulfur processed is equal to the 

amount of sulfur entering the Claus unit plus the amount of any sulfur bypassed 

to the flare(s) from the amine unit and/or the sour water stripper.

(4) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT

The permittee shall comply with the applicable monitoring and recordkeeping 

requirements under this subpart, including the following sections:

63.1570 Must be in compliance with the non-opacity standards except 

during startup, shutdown and malfunctions. Must develop a 

written startup, shutdown and malfunction plan and operate 

accordingly.

63.1572 Must install and operate an SO2 CEM according to Table 40; if

applicable, the permittee must maintain a continuous parameter 

monitoring system according to Table 41 (for option 3, a 

combustion zone temperature; for option 2, not applicable)

63.1576(a) Records of notifications submitted; records related to startup, 

shutdown and malfunctions and records of performance tests.

63.1576(b) Monitoring data for the CEMs and records of deviations

63.1576(c) Records for visible emission observations as required by 40 

CFR 63.6(h).

63.1576(d) Records as required by Tables 34 and 35 for the SRU and 

Table 39 for bypass lines.

63.1576(e) A current copy of the operation, maintenance and monitoring 

plan and records showing continuous compliance with the plan.

e) Reporting Requirements

(1) The permittee shall comply with the following quarterly reporting requirements for the 

emissions unit and its continuous SO2 monitoring system:

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR Parts 60.7 and 60.13(h) and 

the requirements established in this permit, the permittee shall submit reports 

within 30 days following the end of each calendar quarter to the Toledo Division 

of Environmental Services, documenting all instances of SO2 emissions in 

excess of any applicable limit specified in this permit, 40 CFR Part 60, OAC 

Chapter 3745-18, and any other applicable rules or regulations. The report shall 

document the date, commencement and completion times, duration, and 

magnitude of each exceedance, as well as the reason (if known) and the 

corrective actions taken (if any) for each exceedance. 
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Excess emissions shall be reported in units of the applicable standard(s). If there 

are no excess emissions during the calendar quarter, the permittee shall submit 

a statement to that effect.

b. These quarterly reports shall be submitted by January 30, April 30, July 30, and 

October 30 of each year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous SO2 and other 

associated monitors;

iii. the location of the continuous SO2 monitor;

iv. the exceedance report as detailed in a. above;

v. the total SO2 emissions for the calendar quarter (tons);

vi. the total operating time (hours) of the emissions unit;

vii. the total operating time of the continuous SO2 monitoring system while 

the emissions unit was in operation;

viii. results and dates of quarterly cylinder gas audits;

ix. results and dates of the relative accuracy test audit(s), including results in 

units of the applicable standard(s), (during appropriate quarter(s));

x. the results of any relative accuracy test audit showing the continuous SO2

monitor out-of-control and the compliant results following any corrective 

actions;

xi. the date, time, and duration of any/each malfunction* of the continuous 

SO2 monitoring system, emissions unit, and/or control equipment;

xii. the date, time, and duration of any downtime* of the continuous SO2

monitoring system and/or control equipment while the emissions unit was 

in operation;

xiii. the reason (if known) and the corrective actions taken (if any) for each 

event in (b)(xi) and (xii);

xiv. percent availability of the SRU;

xv. amounts (tons), and points of emission of excess sulfur dioxide emissions 

that are caused by malfunctions or shutdowns of the amine unit, sour 

water stripper, or the SRU;

xvi. an analysis of the cause of and corrective action taken for each 

malfunction (including any bypassing of the amine-claus SRU to the 

refinery flare system) or shutdown; and
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xvii. the date, time, and duration of any/each malfunction* of the emissions 

unit(including any bypassing of the amine-claus SRU to the refinery flare 

system) or shutdown.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter. For any periods for which sulfur dioxide or oxides emissions 

data are not available, the permittee shall submit a signed statement indicating if any 

changes were made in operation of the emission control system during the period of 

data unavailability which could affect the ability of the system to meet the applicable 

emission limit. Operations of the control system and affected facility during periods of 

data unavailability are to be compared with operation of the control system and affected 

facility before and following the period of data unavailability.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit

(2) [40 CFR Part 63, Subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT

The permittee shall sumbit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as are required pursuant to 

this subpart, including the following sections:

63.1574 Initial notifications stated in 63.1574(a) were previously sent by

the permittee. Must send the notification of compliance and 

include the information in Table 42. Must prepare and 

implement an operation, maintenance, and monitoring plan for

each control system and continuous monitoring system as 

stated in 63.1574(f).

63.1575(a) through 

(c)

Must submit each semiannual report in Table 43 that applies to 

this emissions unit regarding emission limitations and work 

practice deviations.

6.11575(e) Reports for CEMs.

63.1575(h) Reporting requirements regarding startups, shutdowns and 

malfunctions

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

250 ppmvd SO2 at 0% O2 as a rolling, 12-hr average

Applicable Compliance Method:

The monitoring and recordkeeping requirements of d) shall be used to 

demonstrate compliance. If required, the permittee shall demonstrate compliance 

using the methods and procedures of 40 CFR 60.106(f)(1).
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Alternative U.S. EPA Approved test methods may be used with prior approval 

from the Ohio EPA.

b. Emission Limitation:

0.07 pounds of sulfur dioxide per pound of sulfur processed

Applicable Compliance Method:

The test methods and procedures used for determining compliance with this 

emission limit are those specified in OAC rule 3745-18-04(B), which refers to 40 

CFR 60.46. 

Alternative U.S. EPA Approved test methods may be used with prior approval 

from the Ohio EPA.

(2) Ongoing compliance with the SO2 emission limitations contained in this permit, 40 CFR 

Parts 60, and any other applicable standard(s) shall be demonstrated through the data 

collected as required in the Monitoring and Record keeping Section of this permit; and 

through demonstration of compliance with a quality assurance/quality control plan which 

meets the requirements of 40 CFR Part 60.

g) Miscellaneous Requirements

(1) The following tables from 40 CFR 63 subpart UUU are applicable to this emissions unit: 

Tables 29; 30; 31; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43 and 44.

(2) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) 

completion and satisfaction at the relevant Refinery of all of the following requirements 

stated in Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.
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7. P017, Wastewater

Operations, Property and/or Equipment Description: 

(P017) - All wastewater streams; non-permited cooling towers; wastewater tanks and storm 

water systems within the refinery.

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

volatile organic compounds (VOC) 

emissions shall not exceed 91.19 tons 

per year 

See b)(2)a. and (2)b.

b. 40 CFR Part 63, Subpart CC

[In accordance with 40 CFR 

63.640(a), this emissions unit 

represents the facility-wide wastewater program at an existing 

petroleum refinery subject to the 

emission limitations/control measures specified in this section.]

See b)(2)c. and (2)d.

c. 40 CFR Part 63, Subpart A See b)(2)e.

d. 40 CFR Part 61, Subpart FF

[In accordance with 40 CFR 

63.647(a), this emissions unit 

represents the facility-wide wastewater program at an existing 

petroleum refinery subject to the 

emission limitations/control measures specified in this section for

Group 1 and Group 2 wastewater 

streams.]

See b)(2)c.
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Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

Enhanced BWON Program

e. OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

See b)(2)h. and (2)i.

f. 40 CFR 60, subpart QQQ

[In accordance with 40 CFR 60.690, 

this emissions unit represents the 

facility-wide wastewater program at 

an existing petroleum refinery 

subject to the emission limitations/control measures specified in 

this section for Group 2 wastewater 

streams not subject to 40 CFR 63, 

subpart CC.]

See b)(2)d. and (2)j. 

Equipment Leaks

g. 40 CFR Part 63, Subpart CC See b)(2)e. and (2)f. 

h. OAC rule 3745-21-09(T) See b)(2)g.

(2) Additional Terms and Conditions

a. Modifications of the equipment at this facility shall not require a PTI modification 

that results solely in increases in fugitive equipment leaks unless and until the 

calculated facility-wide potential to emit (PTE) for fugitive emissions equals or 

exceeds the allowable fugitive emission limit stated in b)(1)a.

b. The permittee shall consider only those fugitive emissions from the equipment 

being installed or modified (i.e., not the facility-wide fugitive equipment limit) 

when determining applicability under OAC rule 3745-31-11 through OAC rule 

3745-31-20.

c. Pursuant to 40 CFR Part 63.647(a), the permittees of Group 1 wastewater 

streams shall comply with the requirements of 40 CFR Part 61.340 through 

61.355 of 40 CFR Part 61, Subpart FF for each stream that meets the definition 

for Group 1 wastewater streams as stated in 63.641 (stated below).

A Group 1 wastewater stream means a wastewater stream at a petroleum 

refinery with a total annual benzene loading of 10 megagrams per year or greater 

as calculated according to the procedures in 40.CFR 61.342 of Subpart FF that 

has a flow rate of 0.02 liters per minute or greater, a benzene concentration of 10 

parts per million by weight or greater, and is not exempt from control 

requirements under the provisions of 40 CFR Part 61, Subpart FF. A Group 2 
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wastewater stream means a wastewater stream that does not meet the definition 

of Group 1 wastewater stream.

d. Pursuant to 40 CFR Part 63.640(o), Group 1 wastewater streams that were 

subject to 40 CFR Part 60, Subpart QQQ shall comply only with the provisions of 

40 CFR Part 63, Subpart CC. Also, Group 1 or Group 2 wastewater streams that 

were subject to 40 CFR Part 63, Subpart G, shall comply with 40 CFR Part 63, 

Subpart CC. Group 2 wastewater streams are subject to 40 CFR 60, Subpart 

QQQ as necessary.

e. Table 6 of 40 CFR 63, subpart CC specifies the provisions of subpart A that 

apply and those that do not apply to owners and operators of sources subject to 

40 CFR 63, subpart CC.

f. Refer to emissions unit P801 of this permit for the applicable equipment leak 

provisions referencing 40 CFR Part 60, Subpart VV.

g. Refer to emissions unit P801 of this permit for the state requirements for

equipment leaks referencing OAC rule 3745-21-09(T).

h. An enhanced Benzene Waste Operations NESHAP (BWON) program is required 

by the consent decree as entered on March 14, 2006. The requirements 

established by the consent decree are as stringent or more stringent than the 

requirements of 40 CFR 63, subpart CC and OAC rule 3745-21-09(T).

i. [Consent Decree (CD), section M.] - BENZENE WASTE NESHAP PROGRAM 

ENHANCEMENTS

In addition to continuing to comply with all applicable requirements of 40 CFR 

Part 61, Subpart FF (the “Benzene Waste Operations NESHAP,” “BWON,” or 

“Subpart FF”), Sunoco agrees to undertake, at the Covered Refinery, the 

measures set forth in Section M. of the Consent Decree to ensure enhanced 

compliance with Subpart FF and to minimize or eliminate fugitive benzene waste 

emissions. For purposes of this Section (“Benzene Waste NESHAP Program 

Enhancements”), “Covered Refinery” means the Toledo Refinery.

j. Group 2 wastewater streams are subject to 40 CFR Part 60, Subpart QQQ and 

shall comply with the requirements of 40 CFR 60, Subpart QQQ as follows:

i. [60.690(a)(1)]

The provisions of this subpart apply to affected facilities located in 

petroleum refineries for which construction, modification, or reconstruction 

commenced after May 4, 1987.

ii. [60.690(a)(2)]

An individual drain system is a separate affected facility. Individual drain 

system means all process drains connected to the first common 

downstream junction box. The term includes all such drains and common 

junction box, together with their associated sewer lines and other junction 

boxes, down to the receiving oil-water separator.
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iii. [60.690(a)(3)]

An oil-water separator is a separate affected facility. Oil-water separator 

means wastewater treatment equipment used to separate oil from water 

consisting of a separation tank, which also includes the forebay and other 

separator basins, skimmers, weirs, grit chambers, and sludge hoppers. 

Slop oil facilities, including tanks, are included in this term along with 

storage vessels and auxiliary equipment located between individual drain 

systems and the oil-water separator. This term does not include storage 

vessels or auxiliary equipment which do not come in contact with or store 

oily wastewater.

iv. [60.690(a)(4)]

An aggregate facility is a separate affected facility. Aggregate facility 

means an individual drain system together with ancillary downstream 

sewer lines and oil-water separators, down to and including the 

secondary oil-water separator, as applicable.

c) Operational Restrictions

(1) [40 CFR 63, subpart CC] NESHAP FROM PETROLEUM REFINERIES

The permittee shall comply with the applicable restrictions required under 40 CFR Part 

63, subpart CC, including the following sections:

63.642(k) The permittee shall comply with the wastewater provisions of 

63.647 of subpart CC.

63.647(a) and (b) The permittee is required to comply with the requirements of 40 

CFR Part 61.340 through 61.355 of 40 CFR 62, subpart FF for 

each process wastewater stream that meets the definition in 40 

CFR Part 63.641.

63.647(c) Required under subpart FF to perform periodic measurement of 

benzene concentration in wastewater. Failure to perform 

required leak monitoring for closed vent systems and control 

devices or failure to repair leaks within the time period specified 

in 40 CFR Part 61, Subpart FF, shall constitute a violation of this 

standard.

(2) [40 CFR 61, subpart FF] NATIONAL EMISSION STANDARD FOR BENZENE WASTE 

OPERATIONS

The permittee shall comply with the applicable restrictions required under 40 CFR Part 

61, subpart FF, including the following sections:

61.342(a) and (c) General Standards for facilities at which the total annual 

benzene quantity from facility waste is equal to or greater than 

10 Mg/yr. The wastestreams with less than 10% water, the 

owner shall remove or destroy the benzene in the waste 

according to 61.348. Some streams may be exempt as stated in 

61.342(c)(2) if less than 10 ppmv. Exempt streams cannot 
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exceed 2.0 Mg/yr.

61.343 Standards for Tanks: The permittee shall install, operate and 

maintain a fixed roof tank with a closed vent system to route the 

vapors. Covers and all openings are designed with no 

detectable emissions. 

61.345 Standards for Containers: All containers are to be covered and 

all openings in a closed, sealed position. Submerged fill pipe is 

used when waste is transferred. 

61.351 Alternative Standards for Tanks: As an alternative, the permittee 

may elect to comply with the requirements of 60.112b(a)(1),

(a)(2) or 60.114b.

ENHANCED BWON PROGRAM AS REQUIRED BY CONSENT DECREE(CD) - Date of 

Entry, March 14, 2006

(3) [CD, section M.65] CURRENT COMPLIANCE STATUS

As of Date of Entry of the Consent Decree, Sunoco shall comply with the compliance 

option set forth at 40 CFR 61.342(c), utilizing the exemptions set forth in 40 CFR 

61.342(c)(2) and (c)(3)(ii) (hereinafter referred to as the “2 Mg Compliance Option”).

(4) [CD, section M.66.] REFINERY COMPLIANCE STATUS CHANGES

Commencing on Date of Entry of the Consent Decree and continuing through the Date 

of Termination, to the extent applicable, Sunoco shall not change the compliance status 

of any Covered Refinery from the 6 BQ Compliance Option to the 2 Mg Compliance 

Option. Sunoco shall consult with the EPA, the appropriate EPA Region, and the 

appropriate state agency (“Relevant Government Agencies”) before making any change 

in compliance strategy not expressly prohibited by this Paragraph. All changes must be 

undertaken in accordance with Subpart FF.

d) Monitoring and/or Recordkeeping Requirements

(1) [40 CFR 63, subpart CC] NESHAP FROM PETROLEUM REFINERIES

The permittee shall comply with the applicable monitoring and record keeping 

requirements under 40 CFR Part 63, subpart CC, including the following sections:

63.654(a) The permittee shall comply with the recordkeeping provisions of 

40 CFR 61.356 of subpart FF unless the permittee is complying 

with the wastewater provisions in 40 CFR 63.640(o)(2)(ii).

(2) [40 CFR 61, subpart FF] NATIONAL EMISSION STANDARD FOR BENZENE WASTE 

OPERATIONS

The permittee shall comply with the applicable monitoring and record keeping 

requirements under 40 CFR Part 61, subpart FF, including the following sections:

61.343 The tanks are to be monitored annually for leaks. Those greater 

than 500 ppmv above background are considered leaking. First 
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effort at repair is within 15 days. Visual inspections are 

performed quarterly. 

61.345 The containers are monitored annually for leaks. Those greater 

than 500 ppmv above background are considered leaking. First 

effort at repair is within 15 days. Visual inspections are 

performed quarterly.

61.346 Drains are to have a cover and closed vent system. Monitored 

annually; those greater than 500 ppmv above background are 

considered leaking. First effort at repair is within 15 days. Visual 

inspections are performed quarterly. Alternatives are listed in 

61.346(b)

61.348 Treat waste streams to remove benzene to less than 10 ppmw. 

NOTE: SUNOCO, Inc. contracts the treatment of the wastewater 

to TWO LLC (0448020080). TWO LLC is responsible for the 

final treatment of the water as defined in 40 CFR Part 61.348.

61.349 Closed-vent systems and control devices are monitored 

annually for leaks. Those greater than 500 ppmv above 

background are considered leaking. First effort at repair is within 

15 days. Visual inspections are performed quarterly.

61.350 Delay of Repair is allowed if the repair is technically impossible 

without a partial or complete unit shutdown.

61.354 Monitoring of Operations: NOTE: : SUNOCO, Inc. contracts the 

treatment of the wastewater to TWO LLC (0448020080). TWO 

LLC is responsible for the final treatment of the water as defined 

in 40 CFR Part 61.348

61.356(b) Recordkeeping Requirments: Maintain records that identify each 

waste stream at the facility and indicate whether or not the 

waste stream is controlled for benzene emissions in accordance 

with this subpart. Maintain a list of exempt waste streams along 

with calculations and documentations.

61.356(d) and (f) Maintain engineering design documentation for all control 

equipment and the closed vent system. Information is retained 

for the life of the equipment. The design analysis of the carbon 

adsorption system.

61.356(g) and (h) Maintain records of all visual inspections and the records for all 

tests of no detectable emissions required by 61.343 through 

61.347 and 61.349, along with information regarding repairs.

61.356(j) Maintain documentation regarding the closed vent system and 

control device (carbon adsorbers); dates and times when 

breakthrough is measured, when carbon is replaced. Record 

times when the above is not operated as designed; startups and 
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shutdown of the units.

(3) [40 CFR 60, subpart QQQ] STANDARDS OF PERFORMANCE FOR VOC EMISSIONS 

FROM PETROLEUM REFINERY WASTEWATER SYSTEMS

The permittee shall comply with the applicable monitoring and record keeping 

requirements under 40 CFR Part 60, subpart QQQ, including the following sections:

60.692-1 If subject to this subpart, the provisions do not apply during 

periods of startup, shutdown or malfunctions. Compliance with 

60.692-1 to 60.629-5 is by review of records, reports and 

performance tests.

60.692-2 Standards for Individual Drain Systems: Each drain is equipped 

with water seal controls. Checked by visual or physical 

inspection monthly. If drain is out of active service, then visual 

and physical inspections will be weekly for indications of low 

water levels.

60.692-5 Standards for Closed Vent Systems and Control Devices: Vapor 

recovery systems are designed to recover VOC emissions with 

95% efficiency or greater. Any closed vent systems subject to 

this subpart are designed and operated with no detectable 

emissions (<500 ppm above background), monitored 

semiannually by methods in 60.696, repairs made within 30 

days.

60.692-6 Delay of repair is allowed if the repair is technically impossible 

without a complete or partial process unit shutdown. Repair 

must occur before the end of the next refinery/process unit 

shutdown.

60.692-7 Delay of compliance of modified drain systems with ancillary 

downstream components is allowed if compliance cannot be 

achieved without a refinery/process unit shutdown.

60.693-1 Alternative standards for individual drain systems.

60.695 Monitoring of Operations: Install, maintain and operate the 

carbon adsorber according to 60.695(a)(3) by monitoring the 

VOC concentration level in the exhaust gases of the control 

device outlet gas stream. For systems that do not regenerate 

the carbon bed directly onsite, the carbon canisters are 

monitored on a daily basis or at intervals no greater than 20% of 

the design carbon replacement interval, whichever is greater.

60.697(b) and (d) Recordkeeping Requirements: Record the date, location and 

corrective action taken for drains when the water seal is dry; for 

junction boxes when a seal, gap or other problem is identified;

for sewer lines when a problem is identified and for closed vent 
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systems when detectable emissions are measure or problem is 

identified.

60.697(e) Recordkeeping Requirements of repairs if it cannot be corrected 

without a process unit shutdown.

60.697(f) Keep copies of all design specifications of the equipment used 

to comply with this subpart, kept for the life of the source.

60.697(g) If an out of active service drain with a sealed cap or plug over 

the drain, then the permittee must keep plans or specifications 

on the location of such drains.

60.697(h) Keep plans or specs on the stormwater sewer system to 

demonstrate that no wastewater from any process units or 

equipment is directly discharged to the stormwater sewer 

system.

60.697(j) For non-contact cooling water systems subject to this subpart, 

keep plans and specs to demonstrate that the cooling water 

does not contact hydrocarbons or oily wastewater and is not 

recirculated through a cooling tower.

ENHANCED BWON PROGRAM AS REQUIRED BY CONSENT DECREE(CD) - Date of Entry, 

March 14, 2006

(4) [CD, section M.67.] REVIEW and VERIFICATION of EACH COVERED REFINERY and 

COMPLIANCE STATUS

a. Phase One of the Review and Verification Process. By no later than 240days 

after Date of Entry of the Consent Decree (Nov. 9, 2006), Sunoco shall complete 

a review and verification of the TAB and the BWON compliance status and shall 

complete a review of the Covered Refinery within 365 days. For each Covered 

Refinery, the review and verification process shall include, but shall not be limited 

to:

i. An identification of each waste stream that is required to be included in 

the Covered Refinery’s TAB (e.g., slop oil, tank water draws, spent 

caustic, spent caustic hydrocarbon layer, desalter rag layer undercarry, 

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;

iii. An identification of the benzene concentration in each waste stream, 

including sampling for benzene concentration at no less than ten 

(10)waste streams per refinery consistent with the requirements of 40 

CFR 61.355(c)(1) and (3); provided, however, that previous analytical 
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data or documented knowledge of waste streams may be used, as per 40 

CFR 61.355(c)(2), for streams not sampled; and

iv. An indication whether or not the stream is controlled consistent with the 

requirements of Subpart FF.

By no later than 30 days following the completion of Phase One of the review 

and verification process, Sunoco shall submit to EPA a BWON Compliance 

Review and Verification Report (“Phase One BWON Compliance Review and 

Verification Report”)that sets forth the results of Phase One, including the items 

identified in subparagraphs 67.a.i-iv. Sunoco shall submit one Phase One BWON 

Compliance Review and Verification Report for the Covered Refinery.

b. Phase Two of the Review and Verification Process. Based on EPA’s review of 

the Phase One BWON Compliance Review and Verification Reports, no later 

than 45 days from the submittal of the Phase One BWON Compliance Review 

and Verification Report, EPA may select up to twenty (20) additional waste 

streams at the Covered Refinery for sampling for benzene concentration. As long 

as waste is being or is scheduled to be generated at the waste steams identified 

by EPA within 30 days of the request, Sunoco shall conduct the required 

sampling and submit the results to EPA within 90 days of receipt of EPA’s 

additional sampling request. Sunoco shall use the results of this additional 

sampling to recalculate the TAB, to re-assess the Covered Refinery’s BWON 

compliance status, and to amend the Phase One BWON Compliance Review 

and Verification Reports to create a Phase Two BWON Compliance Review and 

Verification Report, as needed. To the extent that EPA requires Sunoco to resample a Phase One waste stream that was sampled as part of this Phase Two 

review, Sunoco may average the results of the two sampling events. Sunoco 

shall submit the Phase Two BWON Compliance Review and Verification Report 

no later than 150 days after receipt of EPA’s request for Phase Two sampling, if 

Phase Two sampling is required by EPA. 

c. Amended TAB Reports. Sunoco shall submit, by no later than 60 days after 

submission of the later of the Phase One or Phase Two BWON Compliance 

Review and Verification Report(s), an amended TAB report to the Relevant 

Government Agencies.

(5) [CD, section M.69.] CARBON CANISTERS

Sunoco shall comply with the requirements of this Paragraph M.69. of the consent 

decree at the Covered Refinery where any carbon canister system is used as a control 

device under Subpart FF.

a. Limitations on Use of Single Carbon Canister Systems

i. New Units or Installations. Except as expressly provided by 

subparagraphs iii and iv below, commencing on Date of Entry of the 

Consent Decree (March 14, 2006) and continuing through the Date of 

Termination, Sunoco shall not use a single carbon canister system for 

any new unit or installation that requires control pursuant to Subpart FF at 

the Covered Refinery.
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ii. Existing Units or Installations. Except as expressly provided by 

subparagraphs iii and iv below, commencing 270 days after Date of Entry 

of the Consent Decree (December 9, 2006) and continuing through the 

Date of Termination, Sunoco shall not use a single carbon canister 

system for any existing unit or installation that requires control pursuant to 

Subpart FF at the Covered Refinery.

iii. Temporary Applications. Sunoco may operate a properly-sized single 

canister system to control benzene emissions from a short-term 

operation, such as a temporary storage tank. For any canister operated 

as part of a single canister system, benzene “breakthrough” shall be 

defined for the purposes of the Consent Decree as any benzene reading 

above background as measured at the outlet of the canister. Sunoco shall 

monitor for breakthrough from a single carbon canister system at least 

once every 24 hours. Sunoco shall replace any single carbon canister 

with a fresh carbon canister immediately after a benzene reading above 

background is detected at the outlet of the canister, unless Sunoco 

chooses to discontinue flow to the carbon canister or route the stream to 

an alternative control device. For the purpose of this subparagraph, 

“immediately” shall mean within 24 hours.

iv. Permanent Applications. Sunoco may continue to operate a properlysized single canister system on those applications that exist on the Date 

of Lodging of this Consent Decree where data over the past five (5) years 

demonstrate that breakthrough has not occurred in less than six (6) 

months. Sunoco shall monitor for “breakthrough” by monitoring for 

benzene on a bi-weekly basis at the outlet of the canister. “Breakthrough” 

shall be defined for the purpose of this Consent Decree as any reading 

equal to or greater than one (1) ppm benzene. Sunoco shall replace any 

single carbon canister with a fresh carbon canister immediately after 

breakthrough is detected. For the purpose of this subparagraph, 

“immediately” shall mean within 24 hours.

b. Installation and Use of Dual Canisters Operated in Series. Except as provided in 

Paragraph 69.a.iii and a.iv of the consent decree, by no later than 270 days after 

Date of Entry of the Consent Decree (December 9, 2006), Sunoco shall add a 

secondary carbon canister to each single carbon canister system on an existing 

unit or installation to convert the single canister system to a dual carbon canister 

system with the dual canisters operated in series, and shall at each location 

utilize the dual canister system to control benzene emissions pursuant to Subpart 

FF. By no later than 30 days following completion of the installation of the dual 

canisters, for each Refinery, Sunoco shall submit a report certifying the 

completion of the installation. The report shall include a list of all locations within 

each Refinery where secondary carbon canisters were installed, the installation 

date of each secondary canister, and the date that each secondary canister was 

put into operation. 

c. Breakthrough Monitoring With Dual Canisters. By no later seven (7) days after 

the installation of each secondary carbon canister, Sunoco shall start to monitor 

for breakthrough between the primary and secondary carbon canisters at times 

when there is actual flow to the carbon canister, in accordance with the 
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frequency specified in 40 CFR 61.354(d). At each Covered Refinery, Sunoco 

shall monitor for “breakthrough” by monitoring for benzene. For a dual carbon 

canister system, “breakthrough” shall be defined for the purpose of this Consent 

Decree as any reading equal to or greater than 5 ppm benzene measured 

between the primary and secondary canister. In lieu of replacing the primary 

canister immediately, Sunoco may elect to monitor the secondary canister the 

day breakthrough between the primary and secondary canister is identified and 

each calendar day thereafter. This daily monitoring shall continue until the 

primary canister is replaced. If either benzene or VOC is detected at the outlet of 

the secondary canister during this period of daily monitoring, the primary canister 

must be replaced within 24 hours. The original secondary carbon canister will 

become the new primary carbon canister and a fresh carbon canister will become 

the secondary canister.

d. Canister Replacement With Dual Canister System. Except as otherwise provided 

in Paragraph 69.c above, immediately when breakthrough is detected, Sunoco 

shall replace the original primary carbon canister with the secondary canister, 

and shall use a fresh canister as the new secondary canister. For the purpose of 

this Paragraph, “immediately” shall mean within 24 hours.

e. Sunoco shall maintain a supply of fresh carbon canisters at each the refinery at 

all times.

f. Records for the requirements of this Paragraph 69 shall be maintained in 

accordance with 40 CFR 61.356(j)(10).

(6) [CD, section M.70.] ANNUAL REVIEW

By no later than 180 days from Date of Entry of the Consent Decree (September 10, 

2006), Sunoco shall modify (or establish) its existing management of change procedures 

or shall develop and implement new written procedures to provide for performance of an 

annual review of process information for each Covered Refinery, including construction 

projects, to ensure that all new benzene waste streams are included in the Covered 

Refinery’s waste stream inventory. Sunoco shall conduct such reviews on an annual 

basis until the Date of Termination.

(7) [CD, section M.71.] LABORATORY AUDITS

Sunoco shall conduct audits of all laboratories that perform analyses of Sunoco’s 

Benzene Waste Operations NESHAP samples to ensure that proper analytical and 

quality assurance/quality control procedures are followed. Sunoco may elect to submit 

the results from laboratory audits conducted by other refineries under the global consent 

decrees, provided the audits meet Sunoco’s audit criteria.

a. Sunoco shall complete audits of at least half of the laboratories used by the 

Covered Refinery within 180 days after Date of Entry of the Consent Decree 

(September 10, 2006), and shall complete the remaining audits within 365 days 

after Date of Entry of the Consent Decree (March 14, 2007). In addition, Sunoco 

shall audit any new laboratory used for analyses of benzene samples prior to use 

of the new laboratory.

b. Until the Date of Termination, Sunoco shall conduct subsequent laboratory 

audits, such that each laboratory is audited every two (2) years.
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(8) [CD, section M.72.] BENZENE SPILLS

For each spill at the Refinery after Date of Entry of the Consent Decree (March 14, 

2006), Sunoco shall review the spill to determine if benzene waste, as defined by 

Subpart FF, was generated. For each spill involving the release of more than 10 pounds 

of benzene in a 24-hour period, Sunoco: (i) shall include benzene waste generated by 

the spill in the relevant Covered Refinery’s TAB, as required by 40 CFR 61.342; and (ii) 

shall account for such benzene waste in accordance with the applicable compliance 

option calculations, as appropriate under Subpart FF, unless the benzene waste is 

properly managed in controlled waste management units at the Refinery.

(9) [CD, section M.73.] TRAINING

By no later than 90 days from Date of Entry of the Consent Decree (June 12, 2006), 

Sunoco shall develop and begin implementation of annual (i.e., once each calendar 

year) training for all employees assigned to draw benzene waste samples at each 

Covered Refinery.

a. For each Covered Refinery, by no later than 180 days from Date of Entry of the 

Consent Decree (September 10, 2006), Sunoco shall complete the development 

of standard operating procedures for all control equipment used to comply with 

the Benzene Waste Operations NESHAP at the Refinery. By no later than 180 

days thereafter, Sunoco shall complete an initial training program regarding 

these procedures for all operators assigned to this equipment. Comparable 

training shall also be provided to any persons who subsequently become 

operators, prior to their assumption of this duty. Until the Date of Termination, 

“refresher” training in these procedures shall be performed on a three (3) year 

cycle.

b. As part of Sunoco’s training program, Sunoco must require that the employees of 

any contractors hired to perform the requirements of Section M. of the Consent 

Decree are properly trained to implement all provisions of this Section at the 

Refinery.

(10) [CD, section M.74.] WASTE/SLOP/OFF-SPEC OIL MANAGEMENT

a. No later than 60 days after Date of Entry (May 13, 2006), Sunoco shall submit to 

EPA, for the Refinery, 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 within the Refinery. If requested by EPA, 

Sunoco shall submit to EPA, within 90 days of EPA’s request, a set of revised 

schematics reflecting the characterization of oil streams and the appropriate 

control standards. These schematics will be used in preparing the end-of-line 

sampling plans.

b. Organic Benzene Waste Streams. For the Covered Refinery from Date of Entry 

of this Consent Decree (March 14, 2006); if and when that Refinery’s TAB 

reaches 10 Mg/yr and a compliance strategy is approved, all waste management 

units handling “organic” benzene wastes, as defined in Subpart FF, shall meet 

the applicable control standards of Subpart FF. If controls not already in place 

are necessary on any waste management unit handling organic benzene wastes, 

Sunoco shall submit to EPA, within 90 days, a written plan and schedule, not to 
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exceed 180 days from the date of EPA approval, for installation and operation of 

necessary controls. Sunoco shall complete the installation and commence 

operation of the necessary controls in accordance with the EPA-approved plan 

and schedule.

c. Aqueous Benzene Waste Streams. For purposes of complying with the 2Mg or 

6BQ 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 2 

or 6 Mg limit.

(11) [CD, section M.75.] SAMPLING

a. BWON Sampling Plans: General

i. Requirement to Submit Plan. Sunoco shall submit to EPA for approval a 

separate BWON Sampling Plan designed to determine the benzene 

quantity in uncontrolled waste streams at the Refinery. Each BWON 

Sampling Plan shall include the information required in Paragraph 75.b. of 

the Consent Decree. Upon approval by EPA, Sunoco shall implement 

within the first full Calendar Quarter each EPA-approved BWON 

Sampling Plan. Delays in the approval of a BWON Sampling Plan for one 

Refinery shall not constitute grounds for delays in implementing an EPAapproved BWON Sampling Plan for another Refinery.

ii. Timing for Submittal. If, as to the Covered Refinery that is the subject of 

the proposed BWON Sampling Plan, EPA has not requested Phase Two 

sampling, then Sunoco shall submit to EPA a proposed BWON Sampling 

Plan for that Covered Refinery by no later than 60 days after the time for 

EPA to request Phase Two sampling has expired. If, as to the Covered 

Refinery that is the subject of the proposed BWON Sampling Plan, EPA 

has requested Phase Two sampling, then Sunoco shall submit to EPA a 

proposed BWON Sampling Plan for that Covered Refinery by no later 

than 120 days after submitting its Phase Two BWON Compliance Review 

and Verification Report.

iii. Plan Revisions. If, before the Date of Termination, changes in processes, 

operations, or other factors lead Sunoco or EPA to conclude that the 

approved sampling locations, approved methods for determining flow 

calculations, and/or assumed volatilization rates no longer provide an 

accurate measure of the Refinery’s uncontrolled benzene quantity, 

Sunoco shall submit a revised BWON Sampling Plan to EPA for approval. 

If, after two (2) years in which Sunoco has implemented monthly and 

quarterly sampling requirements pursuant to an EPA-approved BWON 

Sampling Plan, Sunoco determines that a less stringent sampling plan will 

provide an accurate determination of a Covered Refinery’s uncontrolled 

benzene quantity, Sunoco may request a modification to the EPAapproved BWON Sampling Plan for any Covered Refinery; provided, 

however, that Sunoco may not implement any modifications if EPA 

disapproves the plan within 90 days of its submission to EPA.
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iv. Plan Implementation. Sunoco shall commence monthly, quarterly, and 

annual sampling required under an EPA-approved BWON Sampling Plan 

in the first full calendar month after Sunoco receives EPA’s approval of 

the Plan, and shall continue monthly and quarterly sampling as required 

by the EPA-approved Plan through the Date of Termination.

b. BWON Sampling Plan Content.

Sunoco’s BWON Sampling Plan for the Covered Refinery subject to the 2 Mg 

Compliance Option shall include: (i) a plan for conducting end-of-line (“EOL”) 

sampling pursuant to Paragraph 75.c of the Consent Decree on a monthly basis 

(three (3) samples in the quarter, one (1) each month); (ii) a plan for conducting 

non-EOL sampling pursuant to Paragraph 75.d.ii of the Consent Decree on a 

quarterly basis; (iii) an identification of all proposed sampling locations; and (iv) a 

description of the proposed flow calculation method to be used in making 

quarterly benzene determinations under Paragraph 75.e of the Consent Decree. 

At the Covered Refinery, EOL sampling means sampling at the last practicable 

point before the waste stream enters a controlled waste management unit, if, 

based on engineering judgment, EOL sampling would provide a result different 

than would be provided at the point of waste generation. EOL sampling is not 

required once the stream has entered a controlled waste management unit, as 

long as the waste stream remains controlled until either final discharge or 

discharge to an activated sludge treatment unit.

c. EOL Sampling. Sunoco shall take, and have analyzed, no less than three (3) 

representative samples from each EOL sampling location identified in an 

approved BWON Sampling Plan. Sunoco shall use the average of these three 

samples as the benzene concentration for the stream at the approved sampling 

location. All sampling results under this Paragraph shall be reported to EPA in 

the reports due under either Section IX of the Consent Decree or pursuant to 40 

CFR 61.357.

d. Non-EOL (Point of Generation) Sampling. 

i. [CD, section N.75.d.ii.] Sunoco’s BWON Sampling Plan shall include a 

plan for sampling: (i) each uncontrolled waste stream that contributes 

greater than 0.05 Mg benzene per year toward the 2 Mg annual exempt 

waste total; and (ii) each uncontrolled waste stream that contains greater 

than 0.1 Mg benzene per year and that qualifies for the 10 ppmw 

benzene exemption.

ii. [CD, section N.75.d.iii.] Sunoco shall conduct all sampling under 

Paragraph 75.d. of the Consent Decree in compliance with the 

requirements of 40 CFR 61.355(c)(1) and (3). All sampling results under 

this Paragraph shall be reported to EPA in the reports due under either 

Section IX of the Consent Decree or pursuant to 40 CFR 61.357.

e. Calculation of Quarterly and Projected Calendar Year Benzene Quantities. At the 

end of each Calendar Quarter and based on the EOL sampling results and nonEOL sampling results and the approved flow calculations for the Refinery, 

Sunoco shall calculate a quarterly benzene quantity and shall estimate a 

projected calendar year benzene quantity for the Refinery. Sunoco shall submit 

the benzene quantity calculations in the reports due under Section IX of the 
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Consent Decree, and explain any anomalies or abnormalities. Sunoco may 

exclude explainable anomalies or abnormalities that are not expected to recur in 

the calendar year from estimations of the projected benzene quantity.

f. Corrective Measures. Based on the calculations in Paragraph 75.e., Sunoco shall 

determine if the projected calendar year benzene quantity equals or exceeds: 

10.0 Megagrams at the Tulsa Refinery; or 2.0 Megagrams (uncontrolled) at the 

Covered Refinery.

If either of the conditions in Paragraph 75.f. of the Consent Decree exist then, 

Sunoco shall submit for EPA approval a compliance-assurance plan that 

identifies all corrective actions that Sunoco has taken or plans to take to ensure 

that noncompliance will not occur. If Sunoco cannot ensure that noncompliance 

will not occur, Sunoco shall make a statement to that effect in the report required 

by Paragraph 75.e. of the Consent Decree. Sunoco shall submit the complianceassurance plan by no later than 60 days after the end of the Calendar Quarter in 

which one or more of the conditions in this Paragraph 75.f. of the Consent 

Decree are met. Sunoco shall implement the compliance assurance plan in 

accordance with the schedule included in the approved plan. If EPA disapproves 

the compliance-assurance plan, Sunoco shall confer with EPA to develop a 

mutually acceptable compliance-assurance plan.

g. Third-Party TAB Study and Compliance Review. If, after two (2) consecutive 

Calendar Quarters it appears likely based on best engineering judgment that, at 

the end of the calendar year Sunoco will not be in compliance with the 2 Mg 

Option at the Refinery, then, in the third Calendar Quarter, Sunoco shall retain a 

third party contractor to undertake a comprehensive TAB study and compliance 

review (“Third-Party TAB Study and Compliance Review”) at that Refinery. By no 

later than the last day of the third Calendar Quarter, Sunoco shall submit a 

proposal to EPA that identifies the contractor, the contractor’s scope of work, and 

the contractor’s schedule for the Third-Party TAB Study and Compliance Review. 

Unless, within 30 days after EPA receives this proposal, EPA disapproves it or 

seeks modifications, Sunoco shall authorize the contractor to commence work, 

and Sunoco shall ensure that the work is completed in accordance with the 

approved schedule. By no later than 30 days after Sunoco receives the results of 

the Third-Party TAB Study and Compliance Review, Sunoco shall submit the 

results to EPA. After the report is submitted to EPA, Sunoco and EPA shall 

discuss informally the results of the Third-Party TAB Study and Compliance 

Review. By no later than 90 days after Sunoco receives the results of the ThirdParty TAB Study and Compliance Review, or at such other time as Sunoco and 

EPA may agree, Sunoco shall submit to EPA for approval a plan and schedule 

for remedying any deficiencies identified in the Third-Party TAB Study and 

Compliance Review and any deficiencies that EPA brought to Sunoco’s attention 

as a result of the Third-Party TAB Study and Compliance Review. Sunoco shall 

implement the EPA-approved remedial plan in accordance with the schedule 

included in the approved plan.

(12) [CD, section M.76.] MISCELLANEOUS MEASURES
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a. Sunoco, as and to the extent applicable, shall comply with the Benzene Waste 

Operations NESHAP provisions applicable to groundwater remediation 

conveyance systems at the Refinery.

b. The provisions of Paragraph 76 of the Consent Decree shall apply to the 

Refinery as of Date of Entry of the Consent Decree (March 14, 2006). The 

provisions shall continue to apply until the Date of Termination.

i. Sunoco shall conduct monthly visual inspections of all water traps within 

the Refinery’s individual drain systems.

ii. On a weekly basis, visually inspect all conservation vent indicators or 

other leak or flow indicators on junction boxes or on process sewers for 

detectable leaks; if necessary, reset any vents where leaks are detected; 

and record the results of the inspections. After two (2) years of weekly 

inspections, and based upon an evaluation of the recorded results, 

Sunoco may submit a request to the appropriate EPA Region to modify 

the frequency of the inspections. Nothing in Paragraph 76 of the Consent 

Decree shall require Sunoco to monitor conservation vents on fixed roof 

tanks.

iii. On a quarterly basis, Sunoco shall conduct monitoring of controlled oilwater separators in accordance with applicable BWON standards.

c. By no later than 60 days after Date of Entry (May 13, 2006) and continuing until 

Date of Termination, Sunoco shall identify and mark all area drains that are 

segregated stormwater drains.

e) Reporting Requirements

(1) REPORTS FOR 40 CFR Part 63, Subpart CC

a. [63.654(a)]

Each permittee subject to the wastewater provisions in 40 CFR Part 63.647 shall 

comply with the reporting provisions in 40 CFR Part 61.357 of 40 CFR Part 61, 

Subpart FF unless they are complying with the wastewater provisions specified in 

paragraph (o)(2)(ii) of 40 CFR Part 63. There are no additional reporting 

requirements for wastewater under this subpart unless a wastewater stream is 

included in an emissions average.

b. [63.642(f)]

All reports required under 40 CFR Part 63, subpart CC, shall be sent to the 

Administrator at the addresses listed in 40 CFR Part 63.13 of subpart A and 

copied to Toledo Division of Environmental Services. If acceptable to both the 

Administrator and the permittee of a source, reports may be submitted on 

electronic media

(2) [40 CFR 61, subpart FF] NATIONAL EMISSION STANDARD FOR BENZENE WASTE 

OPERATIONS
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The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as required by 40 CFR 61, 

subpart FF, including the following sections:

61.357(d)(2) (d)(2) Submit annually a report that updates the waste stream 

characteristics based on the information submitted as an initial 

notification in 61.357(a).

61.357(d)(6) Submit quarterly a report that the equipment necessary to 

comply with these standards has been certified in accordance 

with 61.357(d)(1) and that the required inspections were carried 

out.

61.357(d)(8) Submit annually a report that summarizes all inspections 

required by 61.342 through 61.354 during which detectable 

emissions are measured or a problem that resulted in benzene 

emissions is identified, including information about the repairs 

and corrective actions.

(3) [40 CFR 60, subpart QQQ] STANDARDS OF PERFORMANCE FOR VOC EMISSIONS 

FROM PETROLEUM REFINERY WASTEWATER SYSTEMS

The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as required by 40 CFR 60, 

subpart QQQ, including the following sections:

60.698(b) Submit semiannual reports that all inspections were carried out 

in accordance with these standards.

60.698(c) Submit semiannual reports that summarizes all inspections 

when a water seal was dry or breached, when drain caps or 

plugs were missing or when cracks, gaps or other problems 

were identified that resulted in VOC emissions. Include the 

repairs and corrective actions.

60.698(d) Submit semiannual deviation reports when the carbon in the 

carbon adsorber (for those not regenerated onsite) was not 

replaced in a timely manner.

ENHANCED BWON PROGRAM AS REQUIRED BY CONSENT DECREE(CD) - Date of Entry, 

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(4) [CD, section M.68.] IMPLEMENTATION of ACTIONS NECESSARY to CORRECT 

NONCOMPLIANCE

a. BWON Corrective Action Plans

i. If the results of the later of the Phase One or Phase Two BWON 

Compliance Review and Verification Report indicate that Sunoco is not in 

compliance with the 2 Mg Compliance Option, then, for each such 

Covered Refinery not in compliance, Sunoco shall submit to EPA, by no 

later than 90 days after completion of the later of the Phase One or Phase 
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Two BWON Compliance Review and Verification Report, a BWON 

Corrective Action Plan that identifies with specificity the compliance 

strategy and schedule that Sunoco shall implement to ensure that the 

Covered Refinery complies with the 2 Mg Compliance Option as soon as 

practicable, but no later than 180 days after submission of the BWON 

Corrective Action Plan.

ii. Plan Implementation. Sunoco shall implement any EPA-approved BWON 

Corrective Action Plan under this Paragraph 68 of the consent decree in 

accordance with the schedule included in the approved Plan.

b. Certification of Compliance with the 2 Mg Compliance Option. By no later than 30 

days after completion of the implementation of all actions, if any, required 

pursuant to Paragraphs 68 or 75.f. of the consent decree to come into 

compliance with the applicable compliance option, Sunoco shall submit a report 

to the Relevant Government Agencies that the Refinery complies with the 

Benzene Waste Operations NESHAP.

(5) [CD, section M.77.] REPORTING REQUIREMENTS of THE CONSENT DECREE

a. Outside of the Reports required under 40 CFR 61.357 and under the progress 

report procedures of Section IX of the Consent Decree, to the extent required by 

the Consent Decree, and at the times specified by Section V.M. of the Consent 

Decree, Sunoco shall submit the following reports to EPA:

i. Phase One BWON Compliance Review and Verification Report(s) 

(Paragraph 67.a);

ii. Phase Two BWON Compliance Review and Verification Report(s), as 

amended, if necessary (Paragraph 67.b);

iii. Amended TAB Report(s), if necessary (Paragraph 67.c); 

iv. Any BWON Corrective Action Plans required if the BWON Compliance 

Review and Verification Reports indicate non-compliance (Paragraph 

68.a.i.);

v. A BWON Corrective Action Plan for the Tulsa Refinery if the Refinery’s 

TAB is found to equal or exceed 10 Mg/yr (Paragraph 68.a.ii.);

vi. Certification of compliance, if necessary (Paragraph 68.b); 

vii. A report certifying the completion of the installation of dual carbon 

canisters (Paragraph 69.b);

viii. Schematics of waste/slop/off-spec oil movements, as revised, if 

necessary (Paragraph 74.a);

ix. A plan and schedule for installing and operating necessary controls on 

waste management units handling organic benzene waste, if necessary 

(Paragraph 74.b);
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 122 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

x. A plan to quantify uncontrolled waste/slop/off-spec oil movements 

(Paragraph 75.a.i);

xi. BWON Sampling Plans and revised BWON Sampling Plans, if necessary 

(Paragraph 75);

xii. A Corrective Measures Plan (Paragraph 75.f);

xiii. A proposal for a Third-Party TAB Study and Compliance Review, if

necessary (Paragraph 75.g);

xiv. A Third-Party TAB Study and Compliance Review, if necessary 

(Paragraph 75.g); and

xv. A plan to implement the results of the Third-Party TAB Study and 

Compliance Review, if necessary (Paragraph 75.g).

b. As part of either the Reports Required under 40 CFR 61.357 or the progress 

report procedures of Section IX of the Consent Decree, to the extent required by 

the Decree, and at the times specified by Section V.M. of the Consent Decree, 

Sunoco shall submit the following reports to EPA:

i. Covered Refinery. In addition to the information submitted in the reports 

required pursuant to 40 CFR 61.357(d)(6) and (7) (“Section 61.357 

Reports”), each Covered Refinery shall include the following information 

in those reports or in the reports due under Section IX of the Consent 

Decree:

(a) Laboratory Audits. In the first Section 61.357 Report or first 

Section IX report due after Sunoco has completed the 

requirements of Paragraph 71.a. of the Consent Decree, Sunoco 

shall identify all laboratory audits that Sunoco completed, 

including, at a minimum, the identification of each laboratory 

audited, a description of the methods used in the audit, and the 

results of the audit. In each subsequent 61.357 Report or Section 

IX report, Sunoco shall identify all laboratory audits that were 

completed pursuant to the provisions of Paragraph 71.b. of the 

Consent Decree during the Calendar Quarter, 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;

(b) Training. In the first Section 61.357 Report or Section IX report 

due after entry of the Consent Decree, Sunoco shall describe the 

measures that it took to comply with the training provisions of 

Paragraph 73 starting from Date of Entry of the Consent Decree 

(March 14, 2006) and continuing through the Calendar Quarter for 

which the first report is due. In each subsequent Section 61.357 

Report or Section IX report, Sunoco shall describe the measures 

that Sunoco took to comply with the training provisions of 

Paragraph 73 during the Calendar Quarter;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 123 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(c) Sampling Results. Once EOL sampling and non-EOL sampling is 

required under this Section, Sunoco shall report, in each Section 

61.357 Report or each Section IX report, the results of the monthly 

EOL sampling and quarterly non-EOL sampling undertaken 

pursuant to Paragraph 75. For each Covered Refinery, the report 

shall include a list of all waste streams sampled, the results of the 

benzene analysis for each sample, and the computation of the 

quarterly benzene quantity and the projected calendar year 

benzene quantity.

f) Testing Requirements

(1) Compliance with the emission limitation(s) of these terms and conditions shall be 

determined in accordance with the following methods(s):

a. Emission limitation: 

VOC emissions from the facility-wide benzene wastewater NESHAP program 

shall not exceed 91.19 tons per year.

Applicable compliance method: 

Compliance for those components subject to 40 CFR Part 61, subpart FF, shall 

be demonstrated through the "Test methods, Procedures and Compliance 

Provisions" of 40 CFR Part 61.355 of subpart FF.

Compliance for those components subject to 40 CFR Part 60, subpart QQQ, 

shall be demonstrated using the fugitive emission factors contained in “VOC 

Emissions from Petroleum Refinery Wastewater Systems-Background 

Information for Proposed Standards”, EPA-450/3-85-001a, Feb. 1985, Table 4-1 

(drains) and section 3.2.1.6 (junction boxes).

drains, with 50% control (water seal) 0.012 tons VOC/year/drain

junction boxes with 50% control (water seal)0.31 tons VOC/year/box

Multiply the stated emission factor times the number of respective components 

(in tons VOC per year) and add them to the tons VOC per year determined for 

those components subject to 40 CFR Part 61, subpart FF as calculated 

according to section 61.355

(2) [40 CFR 61, subpart FF] NATIONAL EMISSION STANDARD FOR BENZENE WASTE 

OPERATIONS

The permittee shall comply with the applicable testing requirements required under 40 

CFR 61, subpart FF, including the following sections:

61.342(g) Compliance will be determined by review of facility records and 

results from tests and inspections using methods and 

procedures in 61.355.

61.355(a), (b) and (c) Use the procedure in 61.355(b) to determine the annual waste 

quantity for each waste stream. Use the procedure in 61.355(c) 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 124 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

to determine the flow-weighted annual average benzene 

concentration of each waste stream. Calculate the annual 

benzene quantity for each waste stream as stated in 

61.355(a)(1)(iii).

61.355(h) The permittee shall test equipment for compliance with no 

detectable emissions as required in 40 CFR Part 61.343 through 

61.347 and 61 by using Method 21 of Appendix A.

(3) [40 CFR 60, subpart QQQ] STANDARDS OF PERFORMANCE FOR VOC EMISSIONS 

FROM PETROLEUM REFINERY WASTEWATER SYSTEMS

The permittee shall comply with the applicable testing requirements required under 40 

CFR 60, subpart QQQ, including the following sections:

60.696(a) Before using any equipment installed in compliance with this 

subpart, shall inspect the equipment for potential emissions, 

defects or other problems.

60.696(b) If source is equipped with a closed vent system and control 

device; use Method 21 to measure for no detectable emissions

equal to or less than 500 ppm. The instrument is calibrated each 

day using the calibration gases stated in 60.696(b)(1) and (2).

g) Miscellaneous Requirements

(1) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) completion 

and satisfaction at the relevant Refinery of all of the following requirements stated in 

Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 125 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

8. P040, Cooling Tower - P/2

Operations, Property and/or Equipment Description: 

(P040) Cooling Tower, west of the polypropylene truck loading area, capacity of 2,000 gallons 

per minute, non-contact, induced draft, with drift elimination package

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3) Particulate emissions (PE) shall not 

exceed 0.12 pounds per hour and 0.52

tons per year as a rolling 12-month 

summation of the monthly emissions

See b)(2)a.

Volatile organic compounds (VOC) shall 

not exceed 0.084 pounds per hour and 

0.37 tons per year.

See section b)(2)b.

Visible emissions from this emissions unit 

shall not exceed 10% opacity as a sixminute average. It shall not be deemed a 

violation of this rule where the presence 

of uncombined water is the only reason 

for failure of a stack emission to meet the 

requirements of this rule.

b. OAC rule 3745-17-07(A) The emission limitation specified by this 

rule is less stringent than the emission 

limitation established pursuant to OAC 

rule 3745-31-05(A)(3).

c. OAC rule 3745-17-11(B) The emission limitation specified by this 

rule is less stringent than the emission 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 126 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

limitations established pursuant to OAC 

rule 3745-31-05(A)(3).

d. OAC rule 3745-31-10 through 20 Particulate matter less than 10 microns 

(PM10) shall not exceed 0.12 pounds per 

hour and 0.52 tons per year as a rolling 

12-month summation of the monthly 

emissions.

The drift eliminator shall provide 75% 

reduction in PM10.

See b)(2)a.

e. 40 CFR 63, subpart Q Exempt, see b)(2)c.

(2) Additional Terms and Conditions

a. The total dissolved solids (TDS) present in cooling water drift is directly 

responsible for the formation of particulate emissions when the drift is discharged 

from a cooling tower.

b. The hourly and annual emission limitations were established for PTI purposes to 

reflect the potential to emit for this emissions unit. Therefore, it is not necessary 

to develop monitoring, record keeping and/or reporting requirements to ensure 

compliance with these limitations.

c. The permittee does not use chromium based water treatment chemicals.

c) Operational Restrictions

(1) The permittee shall operate the drift eliminator at all times when the emissions unit is in 

operation.

d) Monitoring and/or Recordkeeping Requirements

(1) The permittee shall keep the following weekly records:

a. The permittee shall collect, test and record the TDS content, in ppm, of the 

cooling water at least once per week. The TDS content shall be measured using 

test procedures that conform to regulation 40 CFR 136, "Test Procedures For 

The Analysis of Pollutants" or an equivalent method approved by the Ohio EPA.

b. The weekly flow rate of the cooling tower circulating water in gallons per week.

c. The hours of operation in hours per week.

(2) Each week, the permittee shall calculate and record the average particulate matter 

(PM10) emissions in pounds per hour as follows, using the emission factor for PE/PM10

from AP-42, Table 13.4-1 (January, 1995):
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 127 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

PM10, in lbs/hr = [ (Q gallons/min) x (0.019 lb PM10/1000 gal) x (TDS 

ppm/12,000 ppm) x (0.25) x (60 min/hr)

where:

Q = the average cooling tower circulating water flow rate (gallons/min), calculated 

from d)(1).

0.019 lb PM10/1000 gallons = AP-42 emission factor, Table 13.4-1 for induced 

cooling towers;

TDS ppm = the tested TDS level in ppm;

12,000 ppm = the baseline TDS level, see AP-42, Table 13.4-1;

0.25 = (0.00005/0.0002) the maximum drift loss fraction compared to the 

baseline; and

60 min/hr = conversion factor for minutes to hours.

A calculated exceedance of the allowable hourly emission limitation using the 

procedures of this section does not indicate a violation of the allowable hourly emission 

limitation. Rather, it serves as a trigger level at which corrective action needs to be 

taken in order to lower the TDS concentration of the cooling water to a level acceptable 

to comply with the hourly emission limitation.

(3) Each month, the permittee shall use the information in d)(2) to calculate the rolling, 12-

month PM10 emissions.

e) Reporting Requirements

(1) The permittee shall submit quarterly deviation reports that identify all exceedances of the 

hourly and annual allowable particulate emission and particulate matter less than 10 

microns limitation. The quarterly deviation reports shall be submitted in accordance with 

the general terms and conditions of this permit.

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

0.12 lbs/hr of PE/PM10

Applicable Compliance Method:

This emission limitation was developed by the calculation in section d)(2) using a 

maximum flow rate of 2,000 gallons per minute, a total dissolved solids (TDS) 

value of 2500 ppm and assuming a drift loss of 0.005%. Compliance with the 

hourly emission rate shall be shown through the monitoring and recordkeeping in 

d). 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 128 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

If required, the permittee shall conduct drift measurement testing to determine 

the drift factor for this cooling tower utilizing the "Isokinetic Drift Measurement 

Test Code for Water Cooling Towers", c), June, 1994 (or the most recent edition) 

from the Cooling Technology Institute.

b. Emission Limitation:

0.52 ton per year of PE/PM10 as a rolling, 12-month summation of the monthly 

emissions

Applicable Compliance Method:

Provided the permittee demonstrates compliance with the pound per hour 

emission limit as calculated in the monitoring and recordkeeping in d),

compliance with the annual limitation will be assumed.

c. Emission Limitation:

0.084 lb/hr of VOC

Applicable Compliance Method:

The permittee shall demonstrate compliance with the hourly limitation by 

multiplying the VOC emission factor of 0.7 pounds per million gallons of flow, 

from AP-42 Table 5.1-2 (dated 1/95), by the maximum flow rate in gallons per 

hour.

d. Emission Limitation:

0.37 ton per year of VOC as a rolling, 12-month summation of the monthly 

emissions

Applicable Compliance Method:

The annual emission limitation was derived by multiplying the hourly emission 

limitation times 8,760 hrs/yr and dividing by 2,000 lbs/ton. Compliance with the 

annual limitation shall be shown as long as compliance with the hourly emission 

limitation is maintained.

e. Emission Limitation:

Visible particulate emissions shall not exceed 10% opacity as a 6-minute 

average, except as provided by the rule.

Applicable Compliance Method:

If required, the permittee shall demonstrate compliance with the visible 

particulate emission limitation above in accordance with the methods and 

procedures specified in 40 CFR 60, Appendix A, Method 9 and the requirements 

of OAC rule 3745-17-03(B)(1). Alternative U.S. EPA approved test methods may 

be used with prior approval from Ohio EPA.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 129 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

f. Emission Limitation:

75% reduction of PM10 for the cooling tower using the Drift Eliminator package as 

control

Applicable Compliance Method:

The permittee shall demonstrate compliance by maintaining records of the 

manufacturer's performance guarantee for the drift elimination package.

g) Miscellaneous Requirements

(1) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) completion 

and satisfaction at the relevant Refinery of all of the following requirements stated in 

Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 130 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

9. P041, Claus SRU No. 2

Operations, Property and/or Equipment Description: 

(P041) - Claus sulfur recovery unit No. 2 and sulfur pit with tail gas unit and incinerator. 

Emissions from the Claus sulfur recovery unit will be vented to the number 2 tail gas treater with 

17 mmBtu/hr incinerator..

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(A)(3) Hydrogen sulfide (H2S) emissions shall 

not exceed 10 parts per million by volume 

dry (ppmvd) and 0.95 tons per year, 

based upon a rolling, 365-day summation 

of the daily emissions;

Nitrogen oxides (NOx) emissions shall 

not exceed 2.55 pound per hour and 

11.17 tons per year, based upon a rolling, 

365-day summation of the daily 

emissions;

Filterable plus condensable particulate 

matter (PM) emissions shall not exceed 

1.36 pound per hour and 5.96 ton per 

year, based upon a rolling, 365-day 

summation of the daily emissions;

Sulfur dioxide (SO2) emissions shall not 

exceed 9.88 pounds per hour and 43.28

tons per year, based upon a rolling, 365-

day summation of the daily emissions;

Volatile organic compounds (VOC) 

emissions shall not exceed 0.89 pound 

per hour and 3.89 ton per year, based 

upon a rolling, 365-day summation of the 

daily emissions;
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 131 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

Visible emissions shall not exceed 10% 

opacity as a 6-minute average; and

See b)(2)a. and b)(2)k.

b. OAC rule 3745-31-05(D) See b)(2)f.

c. OAC rule 3745-17-07(A)(1) See b)(2)g.

d. OAC rule 3745-17-11(A)(2) See b)(2)g.

e. OAC rule 3745-18-06(E) See b)(2)g.

f. OAC rule 3745-21-07(B) See b)(2)h.

g. OAC rule 3745-21-08(B) See b)(2)i.

h. OAC rule 3745-21-09(T) See b)(2)i.

i.

40 CFR Part 60, Subpart A See b)(2)c.

j.

40 CFR Part 60, Subpart J See b)(2)b.

k.

40 CFR Part 63, Subpart A See b)(2)d.

l.

40 CFR Part 63, Subpart UUU

[In accordance with 40 CFR 

63.1561(a)(1)(iii), this emissions unit 

is a new SRU at an existing 

petroleum refinery subject to the 

emission limitations/control measures specified in this section.]

See b)(2)e.

m. OAC rule 3745-31-10 through 20 CO emissions shall not exceed 2.59

pound per hour, 0.15 pound per million 

Btu of heat input (incinerator), and 11.34

tons per year, based upon a rolling, 365-

day summation of the daily emissions;

Particulate matter emissions less than 10 

microns in diameter (PM10) shall not 

exceed 1.36 pound per hour, 0.08 pound 

per million Btu of heat input, and 5.96 ton 

per year, based upon a rolling, 365-day 

summation of the daily emissions; and

See b)(2)j.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 132 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

(2) Additional Terms and Conditions

a. The requirements of this rule also include compliance with the requirements of 40 

CFR Part 60, Subpart J and 40 CFR Part 63, Subpart UUU.

b. The permittee shall not discharge or cause the discharge of any gases into the 

atmosphere from any Claus sulfur recovery plant containing in excess of 250 

ppm by volume (dry basis) of SO2 at zero percent excess air, as a rolling, 12-

hour average.

c. 40 CFR Part 60, Subpart A provides applicability provisions, definitions, and 

other general provisions that are pertinent to emissions units affected by 40 CFR 

Part 60.

d. 40 CFR Part 63, Subpart A provides applicability provisions, definitions, and 

other general provisions that are pertinent to emissions units affected by 40 CFR 

Part 63. 

Table 44 of 40 CFR Part 63, Subpart UUU shows which parts of the General 

Provision in 40 CFR Part 63.1 through 63.15 apply to this emissions unit.

e. The permittee shall comply with the applicable emission limitations and work 

practice standards for existing emissions units in 40 CFR Part 63, Subpart UUU.

f. Within 180 days of startup of this emissions unit, the permittee shall develop and 

maintain a written quality assurance/quality control plan for the continuous SO2

monitoring system, designed to ensure continuous valid and representative 

readings of SO2 emissions in units of the applicable standard(s). The plan shall 

follow the requirements of 40 CFR Part 60, Appendix F. The quality 

assurance/quality control plan and a logbook dedicated to the continuous SO2

monitoring system must be kept on site and available for inspection during 

regular office hours.

The plan shall include the requirement to conduct quarterly cylinder gas audits or 

relative accuracy audits as required in 40 CFR Part 60; and to conduct relative 

accuracy test audits in units of the standard(s), in accordance with and at the 

frequencies required per 40 CFR Part 60.

g. The emission limitation specified by this rule is less stringent than the emission 

limitation established pursuant to OAC rule 3745-31-05(A)(3).

h. The permittee has satisfied the "latest available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-07(B) by committing to comply 

with the best available technology requirements established pursuant to OAC 

rule 3745-31-05(A)(3) in this Permit to Install.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 133 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

On February 18, 2008, OAC rule 3745-21-07 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. However, 

that rule revision has not yet been submitted to the U.S. EPA as a revision to 

Ohio's State Implementation Plan (SIP). Therefore, until the SIP revision occurs 

and the U.S. EPA approves the revisions to OAC rule 3745-21-08, the 

requirement to satisfy the "best available control techniques and operating 

practices" still exists as part of the federally-approved SIP for Ohio.

i. The permittee shall satisfy the "best available control techniques and operating 

practices" required pursuant to OAC rule 3745-21-08(B) by committing to comply 

with the best available technology (BAT) requirements established pursuant to 

OAC rule 3745-31-05(A)(3) in this permit to install. The design of the emissions 

unit and the technology associated with the current operating practices satisfy 

the BAT requirements. 

On November 5, 2002, OAC rule 3745-21-08 was revised to delete paragraph 

(B); therefore, paragraph (B) is no longer part of the State regulations. This rule 

revision was submitted to the U.S. EPA as a revision to Ohio's State 

Implementation Plan (SIP). Until the U.S. EPA approves the revision to OAC rule 

3745-21-08, the requirement to satisfy the "best available control techniques and 

operating practices" still exists as part of the federally-approved SIP for Ohio.

.

j. The hourly and annual emission limitations for CO, H2S, NOx, PM, PM10 and 

VOC were established for PTI purposes to reflect the potential to emit for this 

emissions unit. Therefore, it is not necessary to develop monitoring, record 

keeping and/or reporting requirements to ensure compliance with these 

limitations.

k. The permittee shall comply with the applicable equipment leak monitoring 

requirements in the terms and conditions for emissions unit P801, sections b), c), 

d), e) and f), referencing OAC rule 3745-21-09(T).

c) Operational Restrictions

(1) The permittee shall burn only natural gas or refinery fuel gas as fuel in this emissions 

unit. [There are 2 sources of particulate emissions from this process: sulfur-containing 

process emissions and particulate emissions from the combustion of fuel at the 

incinerator. This term and condition is to assure compliance with opacity emission 

limitation for the particulate emissions resulting from combustion of fuel gas and to make 

daily VE readings unnecessary. Compliance with the visible emission limitation for 

opacity caused by the sulfur portion of particulate emissions will be assured by the 

continuous SO2 emissions monitoring system.]

(2) [CD, section I.45.] Sulfur Pit Emissions

The permittee shall route all sulfur pit emissions so that they are eliminated, controlled, 

or included and monitored as part of the sulfur recovery plant's emissions subject to the 

40 CFR Part 60, Subpart J limitation for SO2, 40 CFR 60.104(a)(2), upon date of startup 

of this emissions unit.

(3) [CD, section I.47a.] Good Operation and Maintenance
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 134 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

By no later than 180 days from March 14, 2006, the permittee shall submit or shall have 

submitted to the U.S. EPA, Ohio EPA, and the Toledo Division of Environmental 

Services a summary of the plans, implemented or to be implemented, at the Toledo 

Refinery for enhanced maintenance and operation of the sulfur recovery plant (SRP), 

and tail gas units (TGUs), including any supplemental control devices, and the 

appropriate upstream process units. This plan shall be termed a Preventive Maintenance 

and Operation Plan (PMOP). The PMOP shall be a compilation of the permittee's 

approaches for exercising good air pollution control practices and for minimizing SO2

emissions at the Toledo Refinery. The PMOP shall have as its goal the elimination of 

Acid Gas Flaring and the continuous operation of the SRP, between scheduled 

maintenance turnarounds, with a minimization of emissions. The PMOP shall include, 

but not be limited to, sulfur shedding procedures, startup and shutdown procedures, 

emergency procedures and schedules to coordinate maintenance turnarounds of the 

SRP Claus trains and associated TGUs to coincide, if necessary to minimize emissions, 

with scheduled turnarounds of major Upstream Process Units. The permittee shall 

operate consistent with the PMOP at all times, including periods of startup, shutdown 

and malfunction of its SRP. Changes to a PMOP related to minimizing acid gas flaring 

and/or SO2 emissions shall be summarized and reported by the permittee to U.S. EPA, 

Ohio EPA and the Toledo Division of Environmental Services on an annual basis.

NOTE: The PMOP will initially address the existing sulfur recovery plant. After the new 

SRP is built, the PMOP will be modified to address both SRP's.

(4) [CD, section I.47b.] Good Operation and Maintenance

U.S. EPA, Ohio EPA and the Toledo Division of Environmental Services do not, by their 

review of a PMOP and/or by their failure to comment on a PMOP, warrant or aver in any 

manner that any of the actions that the permittee may take pursuant to such PMOP will 

result in compliance with the provisions of the Clean Air Act or any other applicable 

federal, state, or local law or regulation. Notwithstanding the review by EPA or any state 

agency of a PMOP, the permittee shall remain solely responsible for compliance with the 

Clean Air Act and such other laws and regulations.

(5) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT 

The permittee shall comply with the applicable restrictions in 63.1568, including the 

following sections:

63.1568(a)(2) Must meet the emission limitation in Table 29 (option 3) until the 

new tail gas unit is installed, then (option 1).

63.1568(a)(3) Must prepare an operation, maintenance, and monitoring plan 

according to the requirements in 63.1574(f) and operate 

accordingly.

d) Monitoring and/or Recordkeeping Requirements

(1) For each day during which the permittee burns a fuel other than natural gas or refinery 

fuel gas, the permittee shall maintain a record of the type and quantity of fuel burned in 

this emissions unit.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 135 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(2) Prior to the installation of the continuous SO2 monitoring system, the permittee shall 

submit information detailing the proposed location of the sampling site in accordance 

with the siting requirements in 40 CFR Part 60, Appendix B, Performance Specification 

2. Once received, the letter/document of certification shall be maintained on-site and 

shall be made available to the director (the appropriate Ohio EPA District Office or local 

air agency) upon request.

Each continuous monitoring system consists of all the equipment used to acquire and 

record data in units of all applicable standard(s), and includes the sample extraction and 

transport hardware, sample conditioning hardware, analyzers, and data processing 

hardware and software.

(3) The permittee shall install, operate, and maintain equipment to continuously monitor and 

record SO2 emissions from this emissions unit in units of the applicable standard(s). The 

continuous monitoring and recording equipment shall comply with the requirements 

specified in 40 CFR Part 60.

The permittee shall maintain records of data obtained by the continuous SO2 monitoring 

system including, but not limited to:

a. emissions of SO2 in parts per million on an instantaneous (one-minute) basis*;

b. emissions of SO2 in all units of the applicable standard(s) in the appropriate 

averaging period;

c. results of quarterly cylinder gas audits;

d. results of daily zero/span calibration checks and the magnitude of manual 

calibration adjustments;

e. results of required relative accuracy test audit(s), including results in units of the 

applicable standard(s);

f. hours of operation of the emissions unit, continuous SO2 monitoring system, and 

control equipment;

g. the date, time, and hours of operation of the emissions unit without the control 

equipment and/or the continuous SO2 monitoring system;

h. the date, time, and hours of operation of the emissions unit during any 

malfunction of the control equipment and/or the continuous SO2 monitoring 

system; as well as,

i. the reason (if known) and the corrective actions taken (if any) for each such 

event in g. and h.

NOTE: Valid minute by minute CEMS data shall not be required during periods in which 

scheduled CEMS system maintenance events (such as system blow-backs) occur. 

Minute by minute data recorded during a scheduled maintenance event shall be flagged 

as invalid due to the scheduled maintenance event, and not used in future compliance 

determination calculations.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 136 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(4) [40 CFR 63, subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT 

The permittee shall comply with the applicable monitoring and recordkeeping 

requirements under this subpart, including the following sections:

63.1570 Must be in compliance with the non-opacity standards except 

during startup, shutdown and malfunctions. Must develop a 

written startup, shutdown and malfunction plan and operate 

accordingly.

63.1572 Must install and operate an SO2 CEM according to Table 40; if

applicable, the permittee must maintain a continuous parameter 

monitoring system according to Table 41 (for option 3, a 

combustion zone temperature; for option 2, not applicable)

63.1576(a) Records of notifications submitted; records related to startup, 

shutdown and malfunctions and records of performance tests.

63.1576(b) Monitoring data for the CEMs and records of deviations

63.1576(c) Records for visible emission observations as required by 40 

CFR 63.6(h).

63.1576(d) Records as required by Tables 34 and 35 for the SRU and 

Table 39 for bypass lines.

63.1576(e) A current copy of the operation, maintenance and monitoring 

plan and records showing continuous compliance with the plan.

63.1576(f) through (i) Record retention for 5 years and readily available.

e) Reporting Requirements

(1) The permittee shall submit deviation (excursion) reports that identify each day when a 

fuel other than natural gas or refinery fuel gas was burned in this emissions unit. Each 

report shall be submitted within 30 days after the deviation occurs.

(2) The permittee shall comply with the following quarterly reporting requirements for the 

emissions unit and its continuous SO2 monitoring system:

a. Pursuant to the monitoring, record keeping, and reporting requirements for

continuous monitoring systems contained in 40 CFR Parts 60.7 and 60.13(h) and 

the requirements established in this permit, the permittee shall submit reports 

within 30 days following the end of each calendar quarter to the appropriate Ohio 

EPA District Office or local air agency, documenting all instances of SO2

emissions in excess of any applicable limit specified in this permit, 40 CFR Part 

60, OAC Chapter 3745-18, and any other applicable rules or regulations. The 

report shall document the date, commencement and completion times, duration, 

and magnitude of each exceedance, as well as the reason (if known) and the 

corrective actions taken (if any) for each exceedance. Excess emissions shall be 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 137 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

reported in units of the applicable standard(s). If there are no excess emissions 

during the calendar quarter, the permittee shall submit a statement to that effect.

b. These quarterly reports shall be submitted by January 30, April 30, July 30, and 

October 30 of each year and shall include the following:

i. the facility name and address;

ii. the manufacturer and model number of the continuous SO2 and other 

associated monitors;

iii. the location of the continuous SO2 monitor;

iv. the exceedance report as detailed in (a) above;

v. the total SO2 emissions for the calendar quarter (tons);

vi. the total operating time (hours) of the emissions unit;

vii. the total operating time of the continuous SO2 monitoring system while 

the emissions unit was in operation;

viii. results and dates of quarterly cylinder gas audits;

ix. results and dates of the relative accuracy test audit(s), including results in 

units of the applicable standard(s), (during appropriate quarter(s));

x. the results of any relative accuracy test audit showing the continuous SO2

monitor out-of-control and the compliant results following any corrective 

actions;

xi. the date, time, and duration of any/each malfunction* of the continuous 

SO2 monitoring system, emissions unit, and/or control equipment;

xii. the date, time, and duration of any downtime* of the continuous SO2

monitoring system and/or control equipment while the emissions unit was 

in operation; and

xiii. the reason (if known) and the corrective actions taken (if any) for each 

event in b.xi. and b.xii.

Each report shall address the operations conducted and data obtained during the 

previous calendar quarter. For any periods for which sulfur dioxide or oxides 

emissions data are not available, the permittee shall submit a signed statement 

indicating if any changes were made in operation of the emission control system 

during the period of data unavailability which could affect the ability of the system 

to meet the applicable emission limit. Operations of the control system and 

affected facility during periods of data unavailability are to be compared with 

operation of the control system and affected facility before and following the 

period of data unavailability.

* each downtime and malfunction event shall be reported regardless if there is an 

exceedance of any applicable limit
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 138 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

(3) This emissions unit is subject to the applicable provisions of Subpart J of the New 

Source Performance Standards (NSPS) as promulgated by the United States 

Environmental Protection Agency, 40 CFR Part 60. The application and enforcement of 

these standards are delegated to the Ohio EPA. The requirements of 40 CFR Part 60 

are also federally enforceable.

Pursuant to the 40 CFR Part 60.7, the permittee is hereby advised of the requirement to 

report the following at the appropriate times:

a. Construction date (no later than 30 days after such date);

b. Anticipated start-up date (not more than 60 days or less than 30 days prior to 

such date);

c. Actual start-up date (within 15 days after such date); and

d. Date of performance testing (if required, at least 30 days prior to testing).

Reports are to be sent to:

Ohio Environmental Protection Agency

DAPC - Permit Management Unit

P. O. Box 163669

Columbus, Ohio 43216-3669

and

Toledo Division of Environmental Services

348 South Erie Street

Toledo, Ohio 43604

(4) [40 CFR Part 63, Subpart UUU] NATIONAL EMISSION STANDARDS FOR HAPS FOR 

PETROLEUM REFINERIES: SULFUR RECOVERY UNIT - REPORTS AND 

NOTIFICATIONS

The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as are required pursuant to 

this subpart, including the following sections:

63.1574 Initial notifications stated in 63.1574(a) were previously sent 

by the permittee. Must send the notification of compliance 

and include the information in Table 42. Must prepare and 

implement an operation, maintenance, and monitoring plan 

for each control system and continuous monitoring system 

as stated in 63.1574(f).

63.1575(a) through 

(c)

Must submit each semiannual report in Table 43 that applies 

to this emissions unit regarding emission limitations and 

work practice deviations.

6.11575(e) Reports for CEMs.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 139 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

63.1575(h) Reporting requirements regarding startups, shutdowns and 

malfunctions

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation;

Visible emissions shall not exceed 10% opacity, as a six-minute average.

Applicable Compliance Method:

If required, compliance shall be determined through visible emission 

observations performed in accordance with Method 9 of 40 CFR Part 60, 

Appendix A using the methods and procedures specified in OAC rule 3745-17-

03(B)(1).

b. Emission Limitation:

CO emissions shall not exceed 2.59 pound per hour.

Applicable Compliance Method:

This emission limitation was established by the following emission calculation 

using the permittee-supplied one-hour average emission factor of 150 ppmvd CO

at 0% oxygen: multiply the maximum stack gas flow rate (3,899 dscfm at 0% O2) 

by 60 minutes per hour, multiply by 150 parts, divide by 1,000,000 parts, multiply 

by the molecular weight of CO (28 lb/lb-mole), and divide by 379.43 cubic feet 

per pound mole.

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Methods 1 

through 4 and 10 of 40 CFR Part 60 Appendix A. Alternative U.S. EPA approved 

test methods may be used with prior approval from the Ohio EPA.

c. Emission Limitation: 

CO emissions shall not exceed 11.34 tons per year tons per year, based upon a 

rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit by the following emission calculation using the allowable emission 

limitation of 150 ppmvd at 0% O2: multiply the maximum stack gas flow rate

(3,899 dscfm at 0% O2) by 60 minutes per hr, multiply by 24 hours per day, 

multiply by 365 days per year, multiply by 150 parts, divide by 1,000,000 parts, 

multiply by the molecular weight of CO (28 lb/lb-mole), divide by 379.43 cubic 

feet per pound mole, and divide by 2,000 pounds per ton.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 140 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

d. Emission Limitation:

H2S emissions shall not exceed 10 ppmvd.

Emission Limitation:

This emission limitation is based on emission testing conducted by the permittee 

on a similar emissions unit. If required, the permittee shall demonstrate 

compliance using the methods and procedures of 40 CFR 60.106(f)(2).

e. Emission Limitation:

H2S emissions shall not exceed 0.95 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the maximum stack gas flow rate (4,020 dscfm) by 

the maximum annual minutes of operation (60 minutes/hr x 24 hrs/day x 365 

days/yr), multiply by 10 parts divided by 1,000,000 parts, multiply by the 

molecular weight of H2S (34.1 lb/lb-mole), divide by 379.43 cubic feet per pound 

mole, and divide by 2000 lbs/ton. 

f. Emission Limitation:

NOx emissions shall not exceed 2.55 pounds per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on the low-NOx 

burner emission factor supplied by the permittee as follows: multiply the 

manufacturer’s guaranteed emission factor of 0.15 pound of NOx emissions per 

million Btu by the maximum heat input capacity of 17 mmBtu per hour. 

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 7 of 40 

CFR Part 60 Appendix A. Alternative U.S. EPA approved test methods may be 

used with prior approval from the Ohio EPA.

g. Emission Limitation: 

NOx emissions shall not exceed 11.17 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 2.55 pounds of 

NOx per hour by 8,760 hours per year and divide by 2,000 pounds per ton. 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 141 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

h. Emission Limitation: 

Filterable plus condensable PM emissions shall not exceed 1.36 pounds per 

hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on the

manufacturer’s guaranteed emission factor as follows: multiply the emission 

factor of 0.08 pound of PM per million Btu by the maximum heat input capacity of 

17 mmBtu per hour. 

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Method 5 of 40 

CFR Part 60 Appendix A using the methods and procedures specified in OAC 

rule 3745-17-03(B)(9) to determine the filterable PM emissions. Method 202 of 

40 CFR Part 51, Appendix M shall be used to determine the condensable PM 

emissions. Add the results of the Method 5 emission testing to the results of the 

Method 202 emission testing to determine the filterable plus condensable PM 

emissions. Alternative U.S. EPA approved test methods may be used with prior 

approval from the Ohio EPA.

i. Emission Limitation: 

Filterable plus condensable PM emissions shall not exceed 5.96 tons per year, 

based upon a rolling, 365-day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 1.36 pounds of PE 

per hour by 8,760 hours per year and divide by 2,000 pounds per ton. 

j. Emission Limitation: 

PM10 emissions shall not exceed 1.36 pounds per hour.

Applicable Compliance Method:

Compliance may be determined through calculations based on the

manufacturer’s guaranteed emission factor, as follows: multiply the emission 

factor of 0.08 pound of PM per million Btu by the maximum heat input capacity of 

17 mmBtu per hour. 

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Methods 201 

and 202 of 40 CFR Part 51, Appendix M. Alternative U.S. EPA approved test 

methods may be used with prior approval from the Ohio EPA.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 142 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

k. Emission Limitation: 

PM10 emissions shall not exceed 5.96 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit. Compliance may be demonstrated through calculations 

performed as follows: multiply the short term emission rate of 1.36 pounds of 

PM10 per hour by 8,760 hours per year and divide by 2,000 pounds per ton. 

l. Emission Limitation:

SO2 emissions shall not exceed 250 ppmvd at 0% O2 as a rolling, 12-hr average.

Applicable Compliance Method:

The monitoring and recordkeeping requirements of d) shall be used to 

demonstrate compliance. If required, the permittee shall demonstrate compliance 

using the methods and procedures of 40 CFR 60.106(f)(1).

m. Emission Limitation: 

SO2 emissions shall not exceed 9.88 pounds per hour.

Applicable Compliance Method:

This emission limitation was established by the following emission calculation 

using the permittee-supplied one-hour average emission factor of 300 ppmvd 

SO2 at 0% oxygen: multiply the maximum stack gas flow rate (3,899 dscfm at 0% 

O2) by 60 minutes per hour, multiply by 300 parts, divide by 1,000,000 parts, 

multiply by the molecular weight of SO2 (64.1 lb/lb-mole), and divide by 379.43 

cubic feet per pound mole.

If required, the permittee shall demonstrate compliance with this emission 

limitation through emission testing performed in accordance with Methods 1 

through 6 of 40 CFR Part 60 Appendix A using the methods and procedures 

specified in OAC rule 3745-18-04. Alternative U.S. EPA approved test methods 

may be used with prior approval from the Ohio EPA.

n. Emission Limitation: 

SO2 emissions shall not exceed 43.28 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit by the following emission calculation using the allowable emission 

limitation of 250 ppmvd at 0% O2: multiply the maximum stack gas flow rate 

(3,899 dscfm at 0% O2) by 60 minutes per hr, multiply by 24 hours per day, 

multiply by 365 days per year, multiply by 250 parts, divide by 1,000,000 parts, 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 143 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

multiply by the molecular weight of SO2 (64.1 lb/lb-mole), divide by 379.43 cubic 

feet per pound mole, and divide by 2,000 pounds per ton.

o. Emission Limitation: 

VOC emissions shall not exceed 0.89 pound per hour.

Applicable Compliance Method:

This emission limitation was established by the following emission calculation 

using the permittee-supplied one-hour average emission factor of 60 ppmv VOC : 

multiply the maximum stack gas flow rate (3,899 dscfm at 0% oxygen) by 60 

minutes per hour, multiply by 60 parts, divide by 1,000,000 parts, multiply by an 

average molecular weight of 24 lb/lb-mole and divide by 379.43 cubic feet per 

pound mole. If required, the permittee shall demonstrate compliance with this 

emission limitation through emission testing performed in accordance with 

Method 25 of 40 CFR Part 60 Appendix A using the methods and procedures 

specified in OAC rule 3745-21-10. Alternative U.S. EPA approved test methods 

may be used with prior approval from the Ohio EPA.

p. Emission Limitation: 

VOC emissions shall not exceed 3.89 tons per year, based upon a rolling, 365-

day summation of the daily emissions.

Applicable Compliance Method:

This emission limitation was established to reflect the potential to emit for this 

emissions unit by the following emission calculation using the allowable emission 

limitation of 60 ppmvd at 0% O2: multiply the maximum stack gas flow rate (3,899

dscfm at 0% O2) by 60 minutes per hr, multiply by 24 hours per day, multiply by 

365 days per year, multiply by 60 parts, divide by 1,000,000 parts, multiply by 

the average molecular weight of VOC (24 lb/lb-mole), divide by 379.43 cubic feet 

per pound mole, and divide by 2,000 pounds per ton.

q. Emission Limitation:

PM10 emissions shall not exceed 0.08 pound per million Btu of heat input

Applicable Compliance Method:

This emission limitation was established based on the manufacturer’s guarantee 

for the incinerator, supplied by Sunoco, Inc. If required, the permittee shall 

demonstrate compliance with this emission limitation through emission testing 

performed in accordance with Methods 201 and 202 of 40 CFR Part 51, 

Appendix M. Alternative U.S. EPA approved test methods may be used with 

prior approval from the Ohio EPA.

r. Emission Limitation:

CO emissions shall not exceed 0.15 pound per million Btu of heat input
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 144 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Compliance Method:

This emission limitation was established based on the manufacturer’s guarantee 

for the incinerator, supplied by Sunoco, Inc. If required, the permittee shall 

demonstrate compliance with this emission limitation through emission testing 

performed in accordance with Methods 1 through 4 and 10 of 40 CFR Part 60

Appendix A. Alternative U.S. EPA approved test methods may be used with prior 

approval from the Ohio EPA.

(2) Ongoing compliance with the SO2 emission limitations contained in this permit, 40 CFR 

Parts 60, and any other applicable standard(s) shall be demonstrated through the data 

collected as required in the Monitoring and Record keeping Section of this permit; and 

through demonstration of compliance with a quality assurance/quality control plan which 

meets the requirements of 40 CFR Part 60.

g) Miscellaneous Requirements

(1) The following tables from 40 CFR 63 subpart UUU are applicable to this emissions unit:

Tables 29; 30; 31; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43 and 44.

(2) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) 

completion and satisfaction at the relevant Refinery of all of the following requirements 

stated in Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 145 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

10. P801, Process Units

Operations, Property and/or Equipment Description: 

(P801) -Facility-wide Leak Detection and Repair (LDAR) program subject to refinery MACT and 

OAC rule 3745-21-09(T)

a) The following emissions unit terms and conditions are federally enforceable with the exception 

of those listed below which are enforceable under state law only.

(1) None.

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operations(s), property, and/or equipment that constitute each emissions 

unit along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from each unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05(C)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

[In accordance with 40 CFR 63.640 

this emissions unit is an existing 

facilty-wide LDAR program at an 

existing petroleum refinery subject to 

the emission limitations and control 

measures specified in this subpart.]

385.43 tons per year volatile organic 

compounds (VOC) per rolling 12-month 

summation of the monthly emissions

see b)(2)a. and (2)b.

b. 40 CFR Part 63, Subpart CC see b)(2)c. through (2)e.

c. 40 CFR Part 60, Subpart VV

[In accordance with 40 CFR 

63.648(a) this emissions unit is an 

existing facilty-wide LDAR program 

at an existing petroleum refinery 

subject to the emission limitations

and control measures specified in 40 

CFR 63, subpart CC and this 

subpart.]

see b)(2)c. and (2)d.

d. 40 CFR Part 60, Subpart GGG see b)(2)c., (2)d. and (2)j.

e. OAC rule 3745-21-09(T) see b)(2)g.

f. Enhanced LDAR Program
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 146 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

OAC rule 3745-31-05(D)

(PTI 04-01447 issued 9/29/06 and 

modified on 1/23/07)

see b)(2)h. and (2)i.

(2) Additional Terms and Conditions

a. Modifications of the equipment at this facility shall not require a PTI modification 

that results solely in increases in fugitive equipment leaks unless and until the 

calculated facility-wide potential to emit (PTE) for fugitive emissions equals or 

exceeds the allowable fugitive emission limit stated in b)(1).

b. The permittee shall consider only those fugitive emissions from the equipment 

being installed or modified (i.e., not the facility-wide fugitive equipment limit) 

when determining applicability under OAC rule 3745-31-11 through OAC rule 

3745-31-20.

c. [63.648(a)] - Equipment Leaks

In accordance with 40 CFR Part 63, Subpart CC, the permittee shall comply with 

the applicable provisions of 40 CFR Part 60, Subpart VV and paragraph (b) of 40 

CFR Part 63.648 except as provided in 63.648(a)(1), and (c) through (i) of 40 

CFR Part 63.648.

i. [63.648(a)(1)]

For purposes of compliance with 40 CFR Part 63.648, the provisions of 

40 CFR Part 60, Subpart VV apply only to equipment in organic HAP 

service, as defined in 40 CFR Part 63.641, Subpart CC: 

“In organic hazardous air pollutant service means that a piece of 

equipment either contains or contacts a fluid (liquid or gas) that is at least 

5 percent by weight of total organic HAP's as determined according to the 

provisions of 40 CFR 63.180(d) of subpart H of this part and table 1 of 

this subpart. The provisions of 63.180(d) of subpart H also specify how to 

determine that a piece of equipment is not in organic HAP service.”

ii. [63.648(a)(2)]

Calculation of percentage leaking equipment components for Subpart VV 

of 40 CFR Part 60 may be done on a source wide basis. All subsequent 

calculations shall be on the same basis unless a permit change is made.

d. [63.640(p)] - Equipment Leaks

If there is an overlap of 40 CFR Part 63, Subpart CC with other regulations for 

equipment leaks, after the compliance dates, that are also subject to the 

provisions of 40 CFR Part 60 and 61, the permittee is required to comply only 

with the provisions specified in 40 CFR Part 63, Subpart CC. 

e. [63.640(q)] - Equipment Leaks

For overlap of 40 CFR Part 63, Subpart CC with local or State regulations, the 

permitting authority for the affected source may allow consolidation of the 
Final Permit-to-Install

Permit Number: P0103642

Facility ID: 0448010246

Effective Date: 2/23/2009

Page 147 of 168

State of Ohio Environmental Protection Agency

Division of Air Pollution Control

monitoring, record keeping, and reporting requirements under Subpart CC with 

the monitoring, record keeping, and reporting requirements under other 

applicable requirements in 40 CFR Part 60, 61, or 63, and in any 40 CFR part 52 

approved State implementation plan provided the implementation plan allows for 

approval of alternative monitoring, reporting, or record keeping requirements and 

provided that the permit contains an equivalent degree of compliance and 

control.

f. [63.640(l)]

If an additional petroleum refining process unit is added to a plant site that meets 

the criteria in 40 CFR Part 63.640(c)(3) of Subpart CC is added to an existing 

petroleum refinery and if the addition or process change is not subject to the new 

source requirements as determined according to 40 CFR Part 63.640(i) or (j) of 

Subpart CC, the requirements in 63.640(l)(1) through (3) shall apply. Examples 

of process changes include, but are not limited to, changes in production 

capacity, or feed or raw material where the change requires construction or 

physical alteration of the existing equipment or catalyst type, or whenever there 

is replacement, removal, or addition of recovery equipment. For purposes of this 

paragraph and 63.640(m), process changes do not include: process upsets, 

unintentional temporary process changes, and changes that are within the 

equipment configuration and operating conditions documented in the Notification 

of Compliance Status report required by 40 CFR Part 63.654(f).

i. [63.640(l)(1)]

The added emission point(s) and any emission point(s) within the added 

or changed petroleum refining process unit are subject to the 

requirements for an existing source. 

ii. [63.640(l)(2)]

The added emission point(s) and any emission point(s) within the added 

or changed petroleum refining process unit shall be in compliance with 40 

CFR Part 63, Subpart CC, by the dates specified in paragraphs ii.(a) or 

ii.(b) of this section, as applicable.

(a) If a petroleum refining process unit is added to a plant site or an 

emission point(s) is added to any existing petroleum refining 

process unit, the added emission point(s) shall be in compliance 

upon initial startup of any added petroleum refining process unit or 

emission point(s). 

(b) If a deliberate operational process change to an existing 

petroleum refining process unit causes a Group 2 emission point 

to become a Group 1 emission point (as defined in 40 CFR Part 

63.641), the permittee shall be in compliance upon initial startup, 

unless the permittee demonstrates to the Director and 

Administrator that achieving compliance will take longer than 

making the change. If this demonstration is made to the Director’s 

and Administrator's satisfaction, the permittee shall follow the 

procedures in 63.640(m)(1) through (m)(3) to establish a 

compliance date.
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iii. [63.640(l)(3)]

The permittee of a petroleum refining process unit meeting the criteria in 

40 CFR Part 63.640(c)(3) of Subpart CC, that is added to a plant site and 

is subject to the requirements for existing emissions units shall comply 

with the reporting and record keeping requirements that are applicable to 

existing emissions units including, but not limited to, the reports listed in 

paragraphs (a) through (f) of this section. A process change to an existing 

petroleum refining process unit shall be subject to the reporting 

requirements for existing emissions units including, but not limited to, the 

reports listed below. The applicable reports include, but are not limited to:

(a) the Notification of Compliance Status report as required by 40 

CFR Part 63.654(f) for the emission points that were added or 

changed;

(b) Periodic Reports and other reports as required by 40 CFR Part 

63.654(g) and (h);

(c) reports and notifications required by sections of Subpart A of 40 

CFR Part 63 that are applicable to this subpart, as identified in 

table 6 of Subpart CC; and

(d) reports and notifications required by 40 CFR Part 60.487.

iv. [63.640(l)(4)]

If pumps, compressors, pressure relief devices, sampling connection 

systems, open-ended valves or lines, valves, or instrumentation systems 

are added to an existing source, they are subject to the equipment leak 

standards for existing emissions units in 40 CFR Part 63.648. A 

notification of compliance status report shall not be required for such 

added equipment.

g. [OAC 3745-21-09(T)]

i. This regulation applies to petroleum refinery equipment leaks of volatile 

organic compounds from pump seals, pipeline valves, process drains, 

compressor seals and pressure relief devices.

ii. Except as otherwise provided in paragraphs (2)g.iii. of this section and 

OAC 3745-21-09(T)(1)(c), the permittee shall establish a leak detection 

and repair program for the emissions units identified in paragraph (2)g.i. 

of this section, in compliance with the monitoring, record keeping and 

reporting requirements of this permit.

iii. [OAC 3745-21-09(T)(1)(b)] Pressure relief devices which are connected 

to an operating flare header, vapor recovery devices, valves which are 

located in pipelines containing kerosene or heavier liquids, storage tank 

valves and valves which are not externally regulated are exempt from the 

monitoring requirements contained in d).

iv. ALTERNATIVE MONITORING, RECORDKEEPING AND REPORTING 

FOR OAC rule 3745-21-09(T)(4)
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The director may accept an alternative monitoring, recordkeeping and 

reporting program for that required by paragraph (T)(1) of this rule if the 

permittee of a petroleum refinery can demonstrate to the satisfaction of 

the director that the alternative program is at least as effective in 

identifying, documenting and reporting leaks from petroleum refinery 

equipment as the program outlined in paragraph (T)(1) of this rule. For 

purposes of this paragraph, any proposed alternative program which the 

director finds comparable to the requirements of paragraph (DD)(12) or 

(DD)(13) of this rule shall be acceptable to the director.

h. An enhanced LDAR program is required by the consent decree as entered on 

March 14, 2006. Most of the requirements established by the consent decree are 

more stringent than the requirements of 40 CFR 63, subpart CC and OAC rule 

3745-21-09(T).

i. [CD, section N. - LEAK DETECTION AND REPAIR PROGRAM 

ENHANCEMENTS]

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, The permittee shall implement the measures required by the 

Consent Decree entered March 14, 2006 [Date of Entry], to enhance the 

Refinery’s LDAR program under Title 40 of the Code of Federal Regulations, Part 

60, Subpart GGG; Part 63, Subparts F, H, and CC; and applicable state LDAR 

requirements. The terms “equipment”, “in light liquid service” and “in gas/vapor

service” shall have the definitions set forth in the applicable provisions of Title 40 

of the Code of Federal Regulations, Part 60, Subpart GGG; Part 63, Subparts F, 

H and CC; and applicable state LDAR regulation.

j. [40 CFR 60, subpart GGG]

For those pieces of equipment not subject to 40 CFR 63, subpart CC for 

equipment leaks as defined by the definition for "in organic hazardous air 

pollutant" may be subject to 40 CFR 60, subpart GGG.

i. [60.590(a)(1-3)] Applicability and designation of affected facility

(a) The provisions of this subpart apply to affected facilities in 

petroleum refineries. 

(b) A compressor is an affected facility.

(c) The group of all the equipment (defined in 40 CFR 60.591) within 

a process unit is an affected facility.

ii. [60.590(d)] Facilities subject to subpart VV or subpart KKK of 40 CFR part 

60 are excluded from this subpart.

c) Operational Restrictions

(1) None.
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d) Monitoring and/or Recordkeeping Requirements

(1) [40 CFR 63, subpart CC] NESHAP FROM PETROLEUM REFINERIES

The permittee shall comply with the applicable monitoring and record keeping 

requirements required under 40 CFR 63, subpart CC, including the following sections:

63.648 Equipment Leak Standards allows the permittee to comply with 

40 CFR 60, subpart VV for existing equipment. Monitoring data 

and test methods must meet the procedures specified in 

60.485(b). 

(2) [40 CFR 60, subpart VV] NSPS FOR EQUIPMENT LEAKS OF VOC IN THE 

SYNTHETIC ORGANIC CHEMICALS MANUFACTURING INDUSTRY 

The permittee shall comply with the applicable monitoring and record keeping 

requirements required under 40 CFR 60, subpart VV, including the following sections

briefly summarized:

60.482-1 Standards-General: Compliance is determined by review of 

records, reports, review of performance test results and 

inspections.

60.482-2 Standards-Pumps in Light Liquid Service: Pumps are checked 

visually on a weekly basis for indications of leaks. Monitored 

monthly with readings of 10,000 ppm or greater indicating a 

leak. First attempt at repair shall be made within 5 days and 

repaired no later than 15 days.

60.482-3 Standards-Compressors: Each barrier fluid system (see 60.482-

3(a)) shall be equipped with a sensor, checked daily or 

equipped with an audible alarm. If sensor indicates failure of the 

seal system, barrier system or both, a leak is detected. First 

attempt at repair shall be made within 5 days and repaired no 

later than 15 days.

60.482-4 Standards-Pressure Relief Devices in Gas/Vapor Service: They 

shall be operated with no detectable emissions (<500 ppm 

above background). Within 5 days after a pressure release, the 

device must be remonitored. First attempt at repair shall be 

made within 5 days and repaired no later than 15 days.

60.482-5 Standards-Sampling Connection Systems: each sampling 

connection system shall be equipped with a closed- purged, 

closed-loop or closed-vent system and shall comply with the 

requirements of 40.682-5(b). In situ sampling without purges are 

exempt from the above.

60.482-6 Standards-Open-Ended Valves or Lines: Open-ended valves or 

lines are to be equipped with cap, blind flange, plug or second 

valve. 
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60.482-7 Standards-Valves in Gas/Vapor Service in Light Liquid Service: 

Valves are monitored monthly to detect leaks (>10,000 ppm). 

First attempt at repair shall be made within 5 days and repaired 

no later than 15 days. If a leak is detected, the valve is 

monitored monthly until a leak is not detected for 2 successive 

months. See 60.482-7(f)-(h) for information regarding valves 

with no detectable emissions, unsafe-to-monitor or difficult-tomonitor valves.

60.482-8 Standards-Pumps and Valves in Heavy Liquid Service, Pressure 

Relief Devices in Light Liquid or Heavy Liquid Service, and 

Connectors: Evidence of a leak is found by visual, audible, 

olfactory or other detection methods. The equipment shall be 

monitored within 5 days using Method 21 for leaks (>10,000 

ppm). First attempt at repair shall be made within 5 days and 

repaired no later than 15 days.

60.482-9 Standards-Delay of Repair: Delay of repair (DOR) of equipment 

with leaks is allowed if repair within 15 days is infeasible without 

a process shutdown. Repair shall then occur before the end of 

the next process unit shutdown. DOR is allowed if the 

equipment is isolated from the process and not in VOC service.

60.482-10 Standards-Closed Vent Systems and Control Devices: Vapor 

recovery stems shall have an efficiency of 95% or greater, or to 

an exit concentration of 20 ppmv; combustion devices shall 

have an efficiency of 95% or greater, or to an exit concentration 

of 20 ppmv, dry basis, corrected to 3% oxygen or provide a 

minimum residence time of 0.75 seconds at minimum 

temperature of 816oC. Flares will comply with requirements of 

60.18. Leaks (>500 ppmv above background) shall have a first 

attempt at repair made within 5 days and repaired no later than 

15 days.

60.483-1 and 60.483-

2

Alternative Standards for Valves- Allowable Percentage of 

Valves Leaking and for Valves-Skip Period Leak Detection and 

Repair

60.486 Recordkeeping Requirements: Records that identify all 

equipment subject to this subpart along with records of the all 

monitoring performed along with the leaks and repair 

information. Keep design requirements for closed vent systems 

and control devices. Keep separate lists of those pieces of 

equipment designated for no detectable emissions, unsafe to 

monitor and difficult to monitor. 

(3) [OAC rule 3745-21-09(T)] STANDARDS FOR PETROLEUM REFINERY EQUIPMENT 

LEAKS OF VOCs FROM PUMP SEALS, PIPELINE VALVES, PROCESS DRAINS, 

COMPRESSOR SEALS AND PRESSURE RELIEF DEVICES

a. [OAC rule 3745-21-09(T)(1)(d)]
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All pipeline valves in gas service and pressure relief valves in gas service shall 

be clearly marked and identified in such a manner that they will be obvious to 

both refinery personnel performing monitoring and to the Director.

b. If a leak is identified as a result of the monitoring program required by paragraph 

a. of this section and the concentration of volatile organic compounds exceeds 

ten thousand parts per million by volume, a tag shall immediately be placed on 

the leaking component. The tag shall be readily visible and weatherproof; it shall 

bear an identification number; and it shall clearly indicate the date the leak was 

detected. The tag shall remain in place until the leaking component is repaired.

c. [OAC rule 3745-21-09(T)(2)]

Any permittee of a petroleum refinery shall repair and retest any leaking 

component, which is tagged and identified in accordance with paragraph b. of 

this section, as soon as possible but no later than fifteen days after the leak is 

found unless the leaking component cannot be repaired until a process unit 

turnaround occurs.

d. [OAC rule 3745-21-09(T)(3)]

The Toledo Division of Environmental Services may require a process unit 

turnaround to occur earlier than the normally scheduled date if the number and 

severity of leaking components awaiting a turnaround warrant such action. Any 

such process unit turnaround shall be required by means of an order issued by 

the Director to the permittee of the petroleum refinery pursuant to division (R) of 

section 3704.03 of the Ohio Revised Code.

e. [OAC rule 3745-21-09(T)(4)] ALTERNATIVE MONITORING, RECORDKEEPING 

AND REPORTING

The Toledo Division of Environmental Services may accept an alternative 

monitoring, recordkeeping and reporting program for that required by paragraph 

(T)(1) of this rule if the permittee of a petroleum refinery can demonstrate to the 

satisfaction of the Director that the alternative program is at least as effective in 

identifying, documenting and reporting leaks from petroleum refinery equipment 

as the program outlined in this permit. For purposes of this paragraph, any 

proposed alternative program which the Director finds comparable to the 

requirements of paragraph (DD)(12) or (DD)(13) of OAC rule 3745-21-09 shall be 

acceptable to the Director.

The proposed alternative monitoring plan is as follows:

i. Affected Sources:

Pipeline valves in gas service and pressure relief valves in gas service 

that are not designated as difficult, inaccessible, or unsafe to monitor 

under OAC rule 3745-21-09(T)(1)(c).

ii. Alternative Program:

The permittee shall monitor the affected sources quarterly and repair 

leaks that are recorded to be in excess of 10,000 ppm as measured by 

the method specified in OAC rule 3745-21-10 within 5 days. Once two 

quarters are recorded in which leak percentage is below 2%, the 

permittee may skip one quarterly monitoring period. Once five 

consecutive quarters are recorded in which the percentage leaking is 
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below 2%, the permittee may skip up to three quarterly monitoring 

periods. If the percentage leaking goes above 2%, the permittee will 

return to the monitoring specified in OAC rule 3745-21-09(T)(1)(a)(ii), but 

may again return to the alternative program when the leak percentage 

falls below 2%.

iii. Notification

The permittee may begin implementation of the alternative program upon 

written notification to the Toledo Division of Environmental Services.

iv. Calculation of Percent Leaking

The percentage leaking shall be conducted on a refinery-wide basis by 

comparing the total number of affected sources monitored with the sum of 

the affected sources leaking and the affected sources that have been 

placed on shutdown.

v. Recordkeeping and Reporting

The permittee shall submit reports as specified in OAC rule 3745-21-

09(T)(1)(i). The permittee shall maintain records on site which show the 

percentage of valves leaking. These records will be made available to the 

Director upon request.

vi. Equivalency with OAC rule 3745-21-09(T)(1)(a)(ii)

This program is equivalent to OAC rule 3745-21-09(DD)(12), which has 

been determine to be acceptable to the Director as stated in OAC rule 

3745-21-09(T)(4).

(4) [OAC 3745-21-09(T)] MONITORING AND RECORDKEEPING REQUIREMENTS FOR 

PETROLEUM REFINERY EQUIPMENT LEAKS OF VOCs FROM PUMP SEALS, 

PIPELINE VALVES, PROCESS DRAINS, COMPRESSOR SEALS AND PRESSURE 

RELIEF DEVICES

a. [OAC 3745-21-09(T)(1)(a)]

Except as otherwise indicated in b)(2), a monitoring program shall be developed 

and implemented which incorporates the following provisions:

i. Yearly monitoring of all pump seals, pipeline valves in liquid service and 

process drains in accordance with the method specified in paragraph (F) 

of rule 3745-21-10 of the Administrative Code;

ii. Quarterly monitoring of all compressor seals, pipeline valves in gas 

service and pressure relief valves in gas service in accordance with the 

method specified in paragraph (F) of rule 3745-21-10 of the 

Administrative Code;

iii. Monthly monitoring of all pump seals by visual methods;

iv. Monitoring of any pump seal in accordance with the method specified in 

paragraph (F) of rule 3745-21-10 of the Administrative Code within five 

working days after any liquids are observed dripping from the seal;
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v. Monitoring of any relief valve in accordance with the method specified in 

paragraph (F) of rule 3745-21-10 of the Administrative Code within five 

working days after the valve has vented to the atmosphere; and

vi. Monitoring of any component in accordance with the method specified in 

paragraph (F) of rule 3745-21-10 of the Administrative Code within five 

working days after the repair of a leak.

b. [OAC 3745-21-09(T)(1)(c)] 

For any pipeline or pressure relief valves in gas or liquid service, an alternative 

monitoring schedule may be employed in lieu of the monitoring schedule 

specified in paragraph (T)(1)(a) of this rule, as follows:

i. The valve is designated as difficult to monitor and is monitored each 

calendar year, provided the following conditions are met:

(a) Construction of the process unit commenced prior to March 27, 

1981;

(b) The permittee of the valve demonstrates that the valve cannot be

monitored without elevating the monitoring personnel more than 

six feet above a support surface; and

(c) The permittee of the valve has a written plan that requires 

monitoring of the valve at least once per year.

ii. The valve is designated as unsafe to monitor and is monitored as 

frequently as practical during safe to monitor times, provided the following 

conditions are met:

(a) The permittee of the valve demonstrates that the valve is unsafe 

to monitor because monitoring personnel would be exposed to an 

immediate danger as a consequence of monitoring on a quarterly 

or yearly basis as specified in paragraph a. of this section; and

(b) The permittee of the valve adheres to a written plan that requires 

monitoring of the valve as frequently as practical during process 

unit turnarounds and other safe to monitor times.

c. [OAC 3745-21-09(T)(f)]

A monitoring log shall be maintained for all leaking components which are tagged 

in accordance with paragraph (T)(1)(e) of this rule. The monitoring log shall 

contain, at a minimum, the following data:

i. The name of the process unit where the leaking component is located;

ii. The type of leaking component (such as valve, seal, or other component);

iii. The tag number of the leaking component;

iv. The date on which the leaking component was detected;

v. The date on which the leaking component was repaired;
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vi. The date and results of the monitoring performed within five working days 

after the leaking component was repaired;

vii. A record of the calibration of the monitoring instrument;

viii. A list of those leaking components which cannot be repaired until the next 

process unit turnaround; and

ix. The total number of components monitored and the total number of 

components found leaking during the calendar year.

d. [OAC 3745-21-09(T)(1)(g)]

A copy of any monitoring log shall be retained by the permittee for a minimum of 

two years after the date on which the record was made or the report was 

prepared.

e. [OAC 3745-21-09(T)(1)(h)]

A copy of any monitoring log shall immediately be made available to the Director 

or an authorized representative of the Director, upon verbal or written request, at 

any reasonable time.

ENHANCED LDAR PROGRAM AS REQUIRED BY CONSENT DECREE(CD) -

Date of Entry, March 14, 2006

(5) [CD, section N.78.] WRITTEN REFINERY-WIDE LDAR PROGRAM and COMPLIANCE 

CERTIFICATION.

Enhanced LDAR Program Description. By no later than 180 days (9/10/06) after Date of 

Entry of the Consent Decree, The permittee shall develop a written description of a 

refinery-wide program designed to achieve and maintain compliance with all applicable 

federal and state LDAR regulations, as well as all requirements imposed by Section N. 

The permittee shall update each Refinery’s program description as necessary to ensure 

continuing compliance. By no later than 180 days (9/10/06) after Date of Entry of the

Consent Decree, The permittee shall submit copies of its enhanced LDAR program 

descriptions to U.S. EPA, Ohio EPA, and the Toledo Division of Environmental 

Services, and shall maintain an updated version of that Refinery’s program description. 

Until the Date of Termination, the permittee shall use the enhanced LDAR program 

descriptions prepared pursuant to this Paragraph to implement an enhanced LDAR 

program at each Refinery, as required by this Section V.N. The Refinery’s program 

description shall include at a minimum:

a. A set of refinery-specific leak rate goals that will be a target for achievement on 

process-unit-by-process-unit basis;

b. An identification of all equipment in light liquid and/or in gas/vapor service that 

has the potential to leak VOCs, HAPs, VHAPs, and benzene within process units 

that are owned and maintained at each Refinery;

c. Procedures for identifying leaking equipment within process units that are owned 

and maintained at each Refinery;

d. Procedures for repairing and keeping track of leaking equipment;
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e. Procedures for identifying and including in the LDAR program new equipment;

f. A process for evaluating new and replacement equipment to promote 

consideration and installation of equipment that will minimize leaks and/or 

eliminate chronic leakers;

g. A designation of the “LDAR Personnel” and the “LDAR Coordinator” who are 

responsible for implementing the enhanced LDAR program at the Refinery; and

h. Procedures designed to ensure that components subject to LDAR requirements 

that are added to the Refinery during scheduled maintenance and construction 

activities are integrated into the enhanced LDAR program.

(6) [CD, section N.79.] TRAINING

By no later than one (1) year from Date of Entry of the Consent Decree (March 14, 

2007), the Permittee shall implement a training program that includes the following 

features:

a. Any person assigned LDAR program responsibilities at a Refinery shall be given 

initial training as described by this Paragraph 79 before performing any LDAR 

work;

b. For any of the permittee's employees assigned LDAR responsibilities as a 

primary job function (such as monitoring technicians, database users, QA/QC 

personnel, and the LDAR Coordinator), the Permittee shall provide and require 

completion of annual LDAR training (on an initial and recurrent basis);

c. For all other of the permittee's operations and maintenance personnel, the 

permittee shall provide and require completion of annual training (on an initial 

and recurrent basis) on aspects of LDAR that are relevant to the person’s duties; 

and

d. For contract employees who perform LDAR work, the permittee shall either 

provide those personnel annual training (on an initial and recurrent basis) as 

described by this Paragraph 79, or shall require that the contractor provides 

annual training (on an initial and recurrent basis) as described by this Paragraph.

(7) [CD, section N.80.] LDAR AUDITS

a. Initial Compliance Audit. By no later than 270 days (12/9/06) after Date of Entry 

of the Consent Decree, a third-party contractor retained by the permittee shall 

complete a refinery-wide initial audit of its compliance with all applicable LDAR 

requirements, which shall include, at a minimum:

i. performing comparative monitoring;

ii. reviewing records to ensure that monitoring and repairs have been 

completed in the required time frames;

iii. reviewing component identification procedures and data management 

procedures; 

iv. observing LDAR technicians’ calibration and monitoring techniques; and 
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v. an applicability review for regulations potentially applicable to the 

permittee's process units. 

Within 90 days after completing the Initial Compliance Audit, the permittee shall 

submit to EPA an Initial Compliance Audit Report which shall describe the results 

of the audit, disclose all areas of identified noncompliance, identify all steps taken 

to remedy the identified non-compliance, and certify the permittee's full 

compliance with all applicable LDAR requirements as of the date of the Report.

b. Commencing on Date of Entry of the Consent Decree (March 14, 2006), the 

permittee shall implement, the refinery-wide audits set forth in Paragraphs 80.c 

and 80.d (of the consent decree) to ensure the Refinery’s compliance with all 

applicable LDAR requirements. The permittee's LDAR audits shall include, at a 

minimum: 

i. performing comparative monitoring; 

ii. reviewing records to ensure that monitoring and repairs have been 

completed in the required time frames; 

iii. reviewing component identification procedures and data management 

procedures; and

iv. observing LDAR technicians' calibration and monitoring techniques. 

To ensure that an audit at the Refinery occurs every two years, third-party audits 

required by Paragraph 80.c and the internal audits required by Paragraph 80.d 

(of the consent decree) shall be separated by two (2) years. As an alternative to 

the internal audits required by Paragraph 80.d. of the consent decree, the 

permittee may elect to retain third-parties to undertake these audits, provided 

that an audit of the Refinery occurs every two (2) years. For each audit 

conducted under Paragraph 80.c. or d. of the consent decree, the permittee shall 

require the auditors to prepare a written audit report describing the audit’s scope 

and findings.

c. Third-Party Audits.

The permittee shall retain a contractor(s) to perform a third-party audit of the 

Refinery’s LDAR program at least once every four (4) years.

d. Internal Audits.

The permittee shall conduct internal audits of the Refinery’s LDAR program by 

sending personnel familiar with the LDAR program and its requirements from one 

or more of the permittee's refineries or locations to audit another Sunoco 

Refinery. The permittee shall complete the first round of these internal LDAR 

audits by no later than two (2) years from the date of the completion of the initial 

third-party audit required in Paragraph 80.a. of the consent decree. Internal 

audits at the Refinery shall be held every four (4) years thereafter until the Date 

of Termination unless the permittee elects to retain third parties to conduct these 

audits pursuant to Paragraph 80.c. of the consent decree.

(8) [CD, section N.81.] ACTIONS NECESSARY TO CORRECT NONCOMPLIANCE.
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If the results of any of the audits conducted pursuant to Paragraph 80 of the consent 

decree at the Refinery identifies any areas of noncompliance, The permittee shall 

implement, as soon as practicable, all steps necessary to correct the area(s) of 

noncompliance, and to prevent, to the extent practicable, a recurrence of the cause of 

the noncompliance. Until the Date of Termination, the permittee shall retain the audit 

reports for all audits conducted pursuant to Paragraphs 80.c. and d. of the consent 

decree and shall maintain a written record of the corrective actions that the permittee 

takes at each Refinery in response to any deficiencies identified in any audits. In the 

semiannual report submitted pursuant to the provisions of Section IX of this Consent 

Decree (“Reporting and Recordkeeping”) for the first semiannual period of each calendar 

year, the permittee shall submit the audit reports and corrective action records for audits 

performed and actions taken during the previous calendar year.

(9) [CD, section N.82.] INTERNAL LEAK DEFINITION FOR VALVES and PUMPS

By no later than two (2) years after Date of Entry of the Consent Decree (March 14, 

2008), the permittee shall utilize the following internal leak definitions for valves and 

pumps in light liquid and/or gas/vapor service, unless other permit(s), regulations, or 

laws require the use of lower leak definitions.

a. Leak Definition for Valves.

The permittee shall utilize an internal leak definition of 500 ppm VOCs for all the 

Refineries’ valves, excluding pressure relief devices. 

b. Leak Definition for Pumps. 

The permittee shall utilize an internal leak definition of 2000 ppm for its 

Refineries’ pumps.

(10) [CD, section N.83.] REPORTING, RECORDING, TRACKING, REPAIRING and 

REMONITORING LEAKS of VALVES and PUMPS BASE on the INTERNAL LEAK 

DEFINITIONS

a. Reporting.

For regulatory reporting purposes, the permittee 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 82. of the 

consent decree.

b. Recording, Tracking, Repairing and Remonitoring Leaks. 

The permittee shall record, track, repair, and remonitor all leaks above the 

internal leak definitions specified by Paragraph 82. of the consent decree (at 

such time as those definitions become applicable). For any component leaking 

above the applicable regulatory leak rate, the permittee shall repair and 

remonitor the component or place the component on a “delay of repair” list as 

required by the applicable regulations and Paragraph 90. For any component 

leaking above the internal leak definitions specified by Paragraph 82 of the 

consent decree but below the applicable regulatory leak rate, the permittee shall 

make an initial attempt at repair and remonitor the component within five (5) 

calendar days, and shall complete repairs and remonitor the component or place 

the component on a “delay of repair” list according to Paragraph 90 of the 

consent decree within 30 calendar days.
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(11) [CD, section N.84.] LDAR MONITORING FREQUENCY

a. Pumps.

By no later than the date the internal leak definitions under Paragraph 82 of the 

consent decree become effective, the permittee shall monitor pumps at the lower 

leak definition established by Paragraph 82.b. on a monthly basis, unless more 

frequent monitoring is required by a federal, state, or local regulation.

b. Valves.

By no later than the date the internal leak definitions under Paragraph 82 of the 

consent decree become effective, the permittee shall implement a program to 

monitor valves at the lower leak definition established by Paragraph 82.a. of the 

consent decree on a quarterly basis, unless more frequent monitoring is required 

by a federal, state, or local regulation.

(12) [CD, section N.85.] FIRST ATTEMPT AT REPAIRS ON VALVES

Commencing no later than 90 days (6/12/06) after Date of Entry of the Consent Decree, 

The permittee shall make a “first attempt at repair” within one (1) calendar day on any 

valve that has a reading greater than 200 ppm of VOCs and that LDAR personnel are 

authorized to repair. The permittee or its designated contractor shall remonitor all valves 

no later than the next calendar day at that Refinery where LDAR personnel made a “first 

attempt at repair.” If the re-monitored leak reading is greater than the applicable leak 

definition, the permittee may delay further repairs up to five (5) days after initial 

identification in order to assess the persistence of the leak by re-monitoring again. If the 

re-monitored leak reading is below the applicable leak definition, no further action will be 

necessary. If the re-monitored leak reading is greater than the applicable leak definition, 

the permittee shall repair the valve according to the requirements of Paragraph 83.b. of 

the consent decree, except that no first repair attempt requirement shall apply.

(13) [CD, section N.86.] ELECTRONIC MONITORING, STORING, and REPORTING of 

LDAR DATA

a. Electronic Storing and Reporting of LDAR Data.

At the Refinery, The permittee will develop or continue to maintain an electronic 

database for storing and reporting LDAR data.

b. Electronic Data Collection During LDAR Monitoring and Transfer Thereafter.

By no later than 180 days (9/10/06) after Date of Entry of the Consent Decree, 

The permittee shall make maximum possible use of data loggers and/or other 

electronic data collection devices for all data collection during all LDAR 

monitoring. The permittee shall ensure that the responsible The permittee 

employees or contractor personnel shall transfer, on a daily basis, electronic data 

from electronic data logging devices to the electronic database required by 

Paragraph 86.a. of the consent decree. For all monitoring events in which an 

electronic data collection device is used, the collected monitoring data shall 

include an accurate time and date stamp for each monitoring event, the 

monitoring reading, and identifying information on the operator and the 

instrument used in the monitored event. The permittee may use paper logs 

where necessary or more feasible (e.g., small rounds, remonitoring, or when data 

loggers are not available or broken), and shall record, at a minimum, the 

identification of the technician undertaking the monitoring, the date, daily start 

and end times for the monitoring conducted, each monitoring reading, and the 
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identification of the monitoring equipment. The permittee shall transfer any 

manually recorded monitoring data to the electronic database required by 

Paragraph 86.a. of the consent decree within seven (7) days of monitoring.

(14) [CD, section N.87.] QA/QC of LDAR DATA

a. By no later than 120 days (7/18/06) after Date of Entry of the Consent Decree, 

the permittee, or a third-party contractor retained by the permittee, shall develop 

and implement a procedure at the Refinery to ensure a quality assurance/quality 

control (“QA/QC”) review of all data generated by LDAR monitoring technicians. 

i. The permittee shall ensure that monitoring data provided to the permittee 

by its contractors is reviewed for QA/QC before the contractor submits the 

data to the permittee.

ii. At least once per calendar quarter, the permittee shall perform QA/QC of 

any contractor’s monitoring data which shall include, but not be limited to: 

number of components monitored per technician, time between 

monitoring events, and abnormal data patterns.

iii. The permittee shall implement a system for daily reporting of monitored 

activity and for periodically reviewing the daily results by appropriate 

operating supervisors.

(15) [CD, section N.88.] LDAR PERSONNEL

By no later than 180 days (9/10/06) after Date of Entry of the Consent Decree, the 

permittee shall establish a program that will hold LDAR personnel accountable for LDAR 

performance. The permittee shall establish and maintain an LDAR Coordinator position 

within each Refinery, responsible for LDAR management, with the authority to 

implement improvements.

(16) [CD, section N.89.] CALIBRATION/CALIBRATION DRIFT ASSESSMENT

a. Calibration.

Commencing on Date of Entry of the Consent Decree, the permittee shall 

conduct all calibrations of LDAR monitoring equipment at each Refinery in 

accordance with 40 C.F.R. Part 60, EPA Reference Test Method 21.

b. Calibration Drift Assessment.

Commencing on Date of Entry of the Consent Decree, at each Refinery, the 

permittee shall conduct calibration drift assessments of LDAR monitoring 

equipment at the end of each monitoring shift, at a minimum. The permittee shall 

conduct the calibration drift assessment using, at a minimum, a calibration gas 

corresponding to the applicable leak threshold. If any calibration drift assessment 

after the initial calibration shows a negative drift of more than 10% from the 

previous calibration, the permittee shall remonitor all valves that were monitored 

since the last calibration that had a reading greater than 100 ppm and shall 

remonitor all pumps that were monitored since the last calibration that had a 

reading greater than 500 ppm

c. The permittee shall maintain records of all instrument calibrations for a period of 

one year after performing the calibrations.
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(17) [CD, section N.90.] DELAY of REPAIR and REQUIRED REPAIRS

a. Within 30 days of submittal of the enhanced LDAR program description 

described in Paragraph 78 of the consent decree, the permittee shall comply with 

the provisions of Paragraph 90 of the consent decree at the Refinery.

b. Delay of Repair.

For any equipment that the permittee is allowed under the applicable regulations 

to place on the “delay of repair” list for repair, the permittee shall:

i. Require sign-off by the appropriate operating supervisor (which position 

will be identified in the Refinery’s written enhanced LDAR program 

description) that the valve or pump is eligible for inclusion on the “delay of 

repair” list; and

ii. Include any valve or pump that is placed on the “delay of repair” list in the 

permittee’s regular LDAR monitoring.

c. Required Repairs on Leaking Valves

i. Within 30 days of the implementation of the enhanced LDAR program, for 

valves, other than control valves, leaking at a rate of 10,000 ppm or 

greater and which cannot be repaired using traditional techniques, the 

permittee shall use the “drill and tap” or similarly effective method to 

repair the leaking valve, rather than placing the valve on the “delay of 

repair” list, unless the permittee can demonstrate that there is a safety, 

mechanical, or major environmental concern posed by repairing the leak 

in that manner. If not repaired within fifteen (15) days by other means, the 

permittee shall make the first “drill and tap” or similarly effective repair 

attempt within fifteen (15) days after the leak was identified, and shall 

have 45 days after the leak was identified to complete the repair attempts.

ii. Within 30 days of the implementation of the enhanced LDAR program, for 

valves other than control valves or pressure relief valves leaking at a rate 

of 50,000 ppm or greater, the permittee shall use the “drill and tap” or 

similarly effective method to repair the leaking valve, rather than placing 

the valve on the “delay of repair” list, unless the permittee can 

demonstrate that there is a safety, mechanical, or major environmental 

concern posed by repairing the leak in that manner. If not repaired within 

fifteen (15) days by other means, the permittee shall make the first “drill 

and tap” or similarly effective repair attempt within fifteen (15) days after 

the leak was identified, and shall have 21 days after the leak was 

identified to complete the repair attempts.

iii. After two unsuccessful attempts to repair a leaking valve through the “drill 

and tap” or similarly effective repair method, the permittee may place the 

leaking valve on its “delay of repair” list. The permittee shall inform EPA 

of any similarly effective repair methods (alternate repair methods to “drill 

and tap”) used to comply with Paragraphs 90.c.i or 90.c.ii of this consent 

decree.

(18) [CD, section N.91.] CHRONIC LEAKER PROGRAM
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The permittee shall replace, repack, or perform similarly effective repairs on all “chronic 

leaker” non-control valves during the next process unit turnaround. A component shall 

be classified as a “chronic leaker” under Paragraph 91 if it leaks above 5000 ppm twice 

in any consecutive four (4) calendar quarters, unless the component has not leaked in 

the six (6) consecutive calendar quarters prior to the relevant process unit turnaround.

(19) [CD, section N.92.] RECORDKEEPING and REPORTING REQUIREMENTS OF THIS

SECTION

a. Outside of the reports required under 40 C.F.R. 63.654 and the progress report 

procedures of Section IX of the consent decree, no later than 30 days after 

completion of the development of the written refinery-wide enhanced LDAR 

program descriptions that the permittee develops pursuant to Paragraph 78 of 

the consent decree, the permittee shall submit a copy of each Covered 

Refinery’s program description to the Relevant Government Agencies.

b. Consistent with the requirements of Section IX of the consent decree, at the later 

of: (i) the first progress report due under the consent decree; or (ii) the first 

progress report in which the requirement becomes due, the permittee shall 

include the following:

i. A certification of the implementation of the “first attempt at repair” 

program under Paragraph 85 of the consent decree; 

ii. A certification of the implementation of QA/QC procedures for review of 

data generated by LDAR technicians as required by Paragraph 87 of the 

consent decree;

iii. An identification of the LDAR Coordinator at each Refinery responsible for 

LDAR performance as required by Paragraph 88 of the consent decree; 

iv. A certification of the implementation of the calibration drift assessment 

procedures of Paragraph 89 of the consent decree; 

v. A certification of the implementation of the “delay of repair” procedures of 

Paragraph 90 of the consent decree; and 

vi. A certification of the implementation of the internal leak definition and 

monitoring frequency procedures under Paragraphs 82 and 84 of the 

consent decree.

(20) [60.592 - STANDARDS - 40 CFR 60, subpart GGG]

a. The permittee shall comply with the requirements of 40 CFR 60.482-1 to 60.482-

10 of subpart VV as soon as practicable.

b. The permittee may elect to comply with the requirements of 40 CFR 60.483-1 

and 60.483-2 of subpart VV.

c. The permittee may apply to the Administrator for a determination of equivalency 

for any means of emission limitation that achieves a reduction in emissions of 

VOC at least equivalent to the reduction in emissions of VOC achieved by the 
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controls required in this subpart. In doing so, the permittee shall comply with

requirements of 40 CFR 60.484.

d. The permittee shall comply with the provisions of 40 CFR 60.485 except as 

provided in 60.593 of subpart GGG.

e. The permittee shall comply with the provisions of 40 CFR 60.486 and 60.487.

(21) [60.593] Exceptions for 40 CFR 60, subpart GGG

a. [60.593(a)]

The permittee subject to the provisions of this subpart may comply with the 

following exceptions to the provisions of subpart VV. 

b. [60.593(b)]

i. [60.593(b)(1)]

Compressors in hydrogen service are exempt from the requirements of 

60.592 if an owner or operator demonstrates that a compressor is in 

hydrogen service. "In hydrogen service" means that a compressor 

contains a process fluid that meets the conditions specified in §60.593(b).

ii. [60.593(b)(2)]

Each compressor is presumed not be be in hydrogen service unless the 

permittee demonstrates that the piece of equipment is in hydrogen 

service. For a piece of equipment to be considered in hydrogen service, it 

must be determined that the percent hydrogen content can be reasonably 

expected always to exceed 50 percent by volume. For purposes of 

determining the percent hydrogen content in the process fluid that is 

contained in or contacts a compressor, procedures that conform to the 

general method described in ASTM E260-73, 91, or 96, E168-67, 77, or 

92, or E169-63, 77, or 93 (incorporated by reference as specified in 40 

CFR 60.17) shall be used.

iii. [60.593(b)(3)(i) and (ii)]

(a) The permittee may use engineering judgment rather than

procedures in 60.593(b)(2) of this section to demonstrate that the 

percent content exceeds 50 percent by volume, provided the 

engineering judgment demonstrates that the content clearly 

exceeds 50 percent by volume. When an owner or operator and 

the Administrator do not agree on whether a piece of equipment is 

in hydrogen service, however, the procedures in 60.593(b)(2) shall 

be used to resolve the disagreement.

(b) If the permittee determines that a piece of equipment is in 

hydrogen service, the determination can be revised only after 

following the procedures in 60.593(b)(2).

c. [60.593(c)]

Any existing reciprocating compressor that becomes an affected facility under 

provisions of 40 CFR 60.14 or 60.15 is exempt from 40 CFR 60.482(a), (b), (c), 
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(d), (e), and (h) provided the permittee demonstrates that recasting the distance 

piece or replacing the compressor are the only options available to bring the 

compressor into compliance with the provisions of 40 CFR 60.482(a), (b), (c), (d), 

(e), and (h) of subpart VV.

d. [60.593(d)]

The permittee may use the following provision in addition to 40 CFR 60.485(e): 

Equipment is in light liquid service if the percent evaporated is greater than 10 

percent at 150̊C as determined by ASTM Method D86-78, 82, 90, 95, or 96 

(incorporated by reference as specified in 40 CFR 60.18).

e) Reporting Requirements

(1) [40 CFR 63, subpart CC] NESHAP FROM PETROLEUM REFINERIES 

The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as are required pursuant to 

40 CFR 63, subpart CC, per the following sections:

63.654(d) Submit reports as required by 40 CFR 60.487 of subpart VV.

63.654(f) Any changes to the initial content of Notification of Compliance 

Status report as required in 63.654(f)(1)(v)

(2) [40 CFR 60, subpart VV] NSPS FOR EQUIPMENT LEAKS OF VOC IN THE 

SYNTHETIC ORGANIC CHEMICALS MANUFACTURING INDUSTRY 

The permittee shall submit semiannual reports and such other notifications and reports 

to the appropriate Ohio EPA District office or local air agency as are required pursuant to 

40 CFR 60, subpart VV, per the following sections:

60.487 Submit semiannual reports that includes the content of 

60.487(c). Submit the results of all performance tests in 

accordance with 60.8, if applicable. 

(3) [OAC 3745-21-09(T)] REPORTING REQUIREMENTS FOR PETROLEUM REFINERY 

EQUIPMENT LEAKS OF VOCs FROM PUMP SEALS, PIPELINE VALVES, PROCESS 

DRAINS, COMPRESSOR SEALS AND PRESSURE RELIEF DEVICES 

[OAC 3745-21-09(T)(1)(i)] A report shall be submitted to the Director by the fifteenth day 

of January, April, July and October that gives the total number of components monitored 

during the previous three calendar months, gives the total number of components found 

leaking during the previous three calendar months, identifies all components which were 

found leaking during the previous three calendar months but which were not repaired 

within fifteen days and identifies all leaking components which cannot be repaired until 

the next process unit turnaround.

(4) [CD, section N.92.c.] REPORTING REQUIREMENTS OF THIS SECTION of the 

CONSENT DECREE
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a. Semiannual reports due under 40 CFR 63.654. In the first semiannual report of 

each calendar year required under 40 CFR 63.654, The permittee shall identify 

each audit that was conducted pursuant to the requirements of Paragraph 80 of 

the consent decree in the previous calendar year including, an identification of 

the auditors, a summary of the audit results, and a summary of the actions that 

The permittee took or intend to take to correct all deficiencies identified in the 

audits. In each semiannual report due under 40 CFR 63.654, The permittee shall 

include:

i. Training.

Information identifying the measures that the permittee took to comply 

with the provisions of Paragraph 79 of the consent decree; and 

ii. Monitoring.

The following information on LDAR monitoring:

(a) a list of the process units monitored during the quarter; 

(b) the number of valves and pumps monitored in each process unit; 

(c) the number of valves and pumps found leaking; 

(d) the number of components not fixed within 30 days or placed on 

the delay of repair list; 

(e) the number of first repair attempts not completed within five (5) 

days; 

(f) the number of first attempts not performed within one (1) day 

according to Paragraph 85 of the consent decree; 

(g) the number of “difficult to monitor” pieces of equipment monitored;

(h) number of all chronic leakers not repaired during the prior 

turnaround; and 

(i) a list of all equipment currently on the “delay of repair” list and the 

date each component was placed on the list; and the number of 

repair attempts not completed according to the time frames in 

Paragraph 90 of the consent decree.

f) Testing Requirements

(1) Compliance with the emission limitations in b)(1) of these terms and conditions shall be 

determined in accordance with the following methods:

a. Emission Limitation:

VOC emissions from facility-wide fugitive equipment leaks shall not exceed 

385.43 tons per year per rolling 12-month summation of the monthly emissions.
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Applicable Compliance Method:

The facility-wide potential to emit (PTE) fugitive emissions are based upon the 

sum of PTE fugitive emissions from components in each emissions unit at the 

facility. These components include all valves, pumps, pressure relief valves, 

connectors, open-ended lines and sampling connections in regulated service at 

the facility. The fugitive emissions are calculated using the facility component 

count, component service type, and the petroleum industry screening value 

correlations.

Fugitive emission rates are calculated utilizing Tables 2-10 "Petroleum Industry 

Leak Rate/Screening Value Correlations"; 2-12 "Default-Zero Values: Petroleum 

Industry" and 2-14 "10,000 ppmv and 100,000 ppmv Screening Value Pegged 

Emission Rates for the Petroleum Industry" as listed in "Protocol for Equipment 

Leak Emission Estimates" (EPA-453/R-95-017). Use of "Default Zero Values" 

can only be used for non-detectable screening values as measured by a portable 

monitoring device having a minimum detection limit of greater than 1 ppmv.

The equipment service/type (gas/vapor, light liquid and heavy liquid service) for 

each component is determined according to the definitions contained in 40 CFR 

Part 63, Subpart CC for equipment in organic HAP service. For equipment not in 

organic HAP service, the equipment service/type (gas/vapor, light liquid and 

heavy liquid service) is determined according to the following definitions.

In gas/vapor service means that the piece of equipment contains or contacts 

process fluid that is in the gaseous state at the operating conditions.

In heavy liquid service means that the piece of equipment is not in gas/vapor 

service or in light liquid service.

In light liquid service means that the piece of equipment contains or contacts 

process fluid that meets the conditions specified in paragraph (O)(3) of OAC rule 

3745-21-10.

The fugitive emissions shall be calculated by multiplying all components in a 

given service type by the respective leak emission rates as listed in the tables of 

"Protocol for Equipment Leak Emission Estimates" (EPA-453/R-95-017) and then 

converted to tons per year. The total facility-wide VOC emissions from fugitive 

equipment leaks is the sum of emissions from all components at the facility.

(2) [40 CFR 60, subpart VV] NSPS FOR EQUIPMENT LEAKS OF VOC IN THE 

SYNTHETIC ORGANIC CHEMICALS MANUFACTURING INDUSTRY 

The permittee shall comply with the applicable testing requirements required under 40 

CFR Part 60, subpart VV, including the following sections:

60.485(a) For tests, use the reference methods and procedures in 

Appendix A of this part.

60.485(b) To determine compliance with the standards in 60.482, 60.483, 

and 60.484 by using Method 21.
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60.485(c) Determining compliance with the no detectable emission 

standards in 60.482-2(e), 60.482-3(i), 60.482-4, 60.482-7(f) and 

60.482-10(e).

60.485(d) Methods used to test each piece of equipment to demonstrates 

that the VOC content would never be reasonably expected to 

exceed 10 percent by weight.

60.485(e) How to demonstrate that equipment is in light liquid service.

60.485(g) The permittee shall determine compliance with the standards of 

flares using the methods and procedures of 60.485(g).

(3) [OAC 3745-21-09(T)] METHOD FOR THE DETECTION OF LEAKS OF VOC 

COMPOUNDS FROM PETROLEUM REFINERY EQUIPMENT

a. [OAC 3745-21-10(F)(1)]

This method is applicable to the detection of leaks of volatile organic compounds 

into the ambient air from petroleum refinery equipment and any chemical

manufacturing equipment subject to paragraph (T) or (DD) of OAC rule 3745-21-

09 of the Ohio Administrative Code.

b. [OAC 3745-21-10(F)(2)]

The detection of leaks shall be determined in accordance with the test procedure 

set forth in "Method 21, 40 CFR, Part 60, Appendix A."

c. [OAC 3745-21-10(F)(3)]

The calibration gases shall be:

i. Zero air, which consists of less than ten ppmv of hydrocarbon in air; and

ii. A mixture of air and methane or n-hexane at a concentration of 

approximately, but less than, ten thousand ppmv of methane or n-hexane.

d. [OAC 3745-21-10(F)(4)]

The leak detection instrument shall be calibrated before use on each day of its 

use.

g) Miscellaneous Requirements

(1) The terms and conditions contained in Permit to Install 04-01447 (issued 9/29/2006) for 

emissions unit P801 supercedes all requirements for the following emissions units:

Emissions Unit PTI Number

P019 04-0255

P020 04-0255

P023 04-0303

P024 04-0365
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P025 04-0382

P027 04-0405

P028 04-0419

P034 04-01199

(2) [CD, section XVIII, 245] TERMINATION of the CONSENT DECREE

The Consent Decree shall be subject to termination upon motion by the United States or 

Sunoco under the conditions identified in Paragraphs 245 through 247 of the Consent 

Decree. Sunoco may seek termination of the Consent Decree upon either (A) completion 

and satisfaction at the relevant Refinery of all of the following requirements stated in 

Paragraphs 245.a-e.; or (B) anytime after the permanent shutdown of, and 

relinquishment of all operating permits for, such Refinery.