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

IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division U.S. Department ofJustice Washington, D.C. 20530 MYLES E. FLINT, II Trial Attorney Environmental Enforcement Section U.S. Department ofJustice P.O. Box 7611 Washington, D.C. 20044 (202) 307-1859 Attorneys for PlaintiffUnited States [Additional Counsel identified on signature pages.]
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX

UNITED STATES OF AMERICA,
and THE UNITED STATES VIRGIN ISLANDS Plaintiffs, 

### v. HOVENSA L.L.C. Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO.



# ________________________ )

CONSENT DECREE**::·~**

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 2 of 159

TABLE OF CONTENTS I. JURISDICTION AND VENUE
.....................................................................................- 

### 6- II. APPLICABILITY AND BINDING EFFECT
................................................................-7- III. OBJECTIVES
.................................................................................................................- 8 - IV. DEFINITIONS
................................................................................................................- 

### 8- V. AFFIRMATIVE RELIEF/ENVIRONMENTAL PROJECTS
.....................................- 16- A. Control ofNOx Emissions from the FCCU
......................................................- 16- B. Control ofS02 Emissions from the FCCU
.......................................................- 

### 17- C. Control ofPM Emissions from the FCCU
........................................................- 

### 18- D. Control ofCO Emissions from the FCCU
........................................................- 19- E. NSPS Subparts A and J Applicability to the FCCU Catalyst Regenerator
.......- 

### 20- F. NOx Emission Reductions from Heaters, Boilers, Generating Turbines, and Compressor Engines
...................................................................................- 21

- G. S02 Emissions Reductions from, and NSPS Applicability to, Heaters, Boilers and Generating Turbines
......................................................................- 28

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

### 29- I. Sulfur Recovery Plants
.....................................................................................- 

### 32- J. Flaring Devices- NSPS Applicability
.............................................................- 

### 39- K. Control ofAcid Gas Flaring Incidents and Tail Gas Incidents
.........................- 41

- L. Control ofHydrocarbon Flaring Incidents
........................................................- 

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

### 55- N. Certification
......................................................................................................- 

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

### 58- P. Benzene Waste NESHAP Progrrun
..................................................................

### -59- Q. NSPS 

### QQQ
.......................................................................................................- 

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

### 74- VI. PERMITTING
..............................................................................................................- 91 - VII. EMISSION CREDIT GENERATION
.........................................................................- 

### 92- VIII. ADDITIONAL INJUNCTIVE RELIEF
.......................................................................- 

### 95

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

### 95- B. NSPS Applicability: Boilers and Generating Turbines
....................................- 

### 96- IX. TERRITORIAL SUPPLEMENTAL ENVIRONMENTAL PROJECT
.......................- 

### 96-

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X. REPORTINGANDRECORDKEEPING
..................................................................

### -101- XI. CIVIL PENALTY
.......................................................................................................- 

### 105

- XII. STIPULATED PENALTIES
......................................................................................- 

### 106

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

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

### 107

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

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

### 107- E. Requirements Related to NSPS Applicability to FCCU Catalyst Regenerator
.....................................................................................................- 

### 108- F. Requirements for NOx Emission Reductions from Heaters, Boilers, Generating Turbines and Compressor Engines
...............................................- 

### 108

- G. Requirements for S02 Emissions Reductions from Heaters, Boilers and Generating Turbines
........................................................................................- 1 09

- H. Requirements for Sulfur Recovery Plants
.......................................................- 109- I. Requirements for Flaring Devices
..................................................................- 

### 110

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

### 112

- L. Requirements to Incorporate Consent Decree Requirements into Federally-Enforceable Permits
........................................................................- 

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

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

### 116- 0. Requirements to Pay Civil Penalty
.................................................................- 

### 117- P. Requirement to Pay Stipulated Penalties
........................................................- 

### 118

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

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

### 118

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

### 120

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

### 120- XV. FORCE MAJEURE
....................................................................................................

### -121- XVI. RETENTION OF JURISDICTION/DISPUTE RESOLUTION
................................

### -124- XVII. EFFECT OF SETTLEMENT
.....................................................................................- 

### 126- XVIII. GENERAL PROVISIONS
..........................'
...............................................................- 

### 138- XIX. TERMINATION
.........................................................................................................- 

### 145- XX. SIGNATORIES
..........................................................................................................- 149-

ii

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TABLE OF APPENDICES Appendix A List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines Appendix B Predictive Emissions Monitoring System Requirements Appendix C NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) Appendix D List ofFlaring Devices Subject to NSPS Subparts J/Ja Appendix E HOVENSA'S LDAR and BWON Training Program Summary Appendix F Method 21 Monitoring Locations for API Separators 1, 2 and 3 Appendix G Valve Preventative Leak Maintenance Procedure Workflow Diagram Appendix H Additional Coker Project Injunctive Relief Appendix I Map ofHOVENSA L.L.C.

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 5 of 159

WHEREAS, Plaintiff, the United States ofAmerica ("Plaintiff' or "United States"), by the authority ofthe Attorney General ofthe United States and through its undersigned counsel, acting at the request and on behalfofthe United States Environmental Protection Agency ("EPA"), has simultaneously filed a Complaint against and lodged this Consent Decree against Defendant, HOVENSA L.L.C. ("HOVENSA"), for alleged environmental violations at the HOVENSA petroleum refinery in St. Croix, U.S. Virgin Islands ("Refinery"); WHEREAS, the United States alleges that HOVENSA has violated and/or continues to violate the following statutory and regulatory provisions ofthe Clean Air Act: 1) Prevention ofSignificant Deterioration ("PSD") requirements found at Part C of Subchapter I ofthe Clean Air Act ("CAA'' orthe "Act"), 42 U.S.C. 

### § 7475, and the regulations promulgated thereunder at 40 C.F.R. 

### § 52.21 (the "PSD Rules"); 2) New Source Performance Standards ("NSPS") found at 40 C.F.R. Part 60, Subparts A and J promulgated pursuant to Section Ill ofthe Act, 42 U.S.C. 

### § 7411 ("Refinery NSPS Regulations"), for sulfur recovery plants, fuel gas combustion devices, and fluid catalytic cracking unit catalyst regenerators; 3) Leak Detection and Repair ("LDAR") requirements promulgated pursuant to Sections Ill and 112 ofthe Act, 42 U.S.C. 

### §§ 7411 and 7412, and found at 40 C.F.R. Part 60 Subparts VV and GGG, 40 C.F.R. Part 61, Subparts J and V; and 40 C.F.R. Part 63, Subparts F, H, and CC ("LDAR Regulations"); 4) National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Benzene Waste Operations promulgated pursuant to Section 112(e) ofthe Act, 42 U.S.C. 

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

- 1 - 

# .f

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WHEREAS, the United States also specifically alleges that, upon information and belief, HOVENSA has been and/or continues to be in violation ofother territorial rules, regulations, and permits adopted or issued by the United States Virgin Islands to the extent that such rules, regulations, and permits implement, adopt, or incorporate the above-described federal requirements; WHEREAS, the United States Virgin Islands ("Virgin Islands"), has sought to intervene in this matter alleging violations ofits applicable State Implementation Plan ("SIP") provisions and/or otherterritorial rules, regulations, and permits incorporating and implementing the foregoing federal requirements; WHEREAS, HOVENSA denies that it has violated and/or continues to violate the foregoing statutory and regulatory requirements, SIP provisions, and otherterritorial rules, regulations, and permits incorporating and implementing the foregoing federal requirements, and maintains that it has been and remains in compliance with all applicable statutes, regulations, and permits and is not liable for civil penalties and injunctive reliefas alleged in the Complaint; WHEREAS, the United States is engaged in a nationwide federal strategy for achieving cooperative agreements with U.S. petroleum refineries to achieve across-the-board reductions in emissions ("Global Settlement Strategy"); WHEREAS, HOVENSA consents to the simultaneous filing ofthe Complaint and lodging ofthis Consent Decree, despite its denial ofthe allegations in the Complaint, to accomplish its objective ofcooperatively reconciling the goals ofthe United States, the Virgin Islands and HOVENSA under the Clean AirAct and the corollary territorial statute, and therefore agrees to undertake the installation ofairpollution control equipment and

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enhancements to its air pollution management practices to reduce air emissions by participating in the Global Settlement Strategy; WHEREAS, by entering into this Consent Decree, HOVENSA is committed to proactively resolving environmental concerns relating to its operations; WHEREAS, the United States and the Virgin Islands anticipate that the affirmative relief and environmental projects identified in Part V (Affirmative Relief/Environmental Projects) will reduce annual emissions from HOVENSA's Refinery by the following amounts: 1) nitrogen oxides by approximately 5,031 tons per year; and 2) sulfur dioxide by approximately 3,460 tons per year. WHEREAS, with respect to the provisions ofSection V.K (Control ofAcid Gas Flaring Incidents and Tail Gas Incidents), EPA maintains that "[i]t is the intent ofthe proposed standard [40 C.F.R. 

### § 60.104] that hydrogen-sulfide-rich gases exiting the amine regenerator [or sour water stripper gases] be directed to an appropriate recovery facility, such as a Claus sulfur plant,"
see Background Information for Proposed New Source Performance Standards: Asphalt Concrete Plants. Petroleum Refineries. Storage Vessels. Secondary Lead Smelters and Refineries. Brass orBronze Ingot Production Plants, Iron and Steel Plants, Sewage Treatment Plants, Vol. 1, Main Text at 28; WHEREAS, EPA further maintains that the failure to direct hydrogen sulfide-rich gases to an appropriate recovery facility

- and instead to flare such gases under circumstances that are not sudden or infrequent orthat are reasonably preventable- circumvents the purposes and intentions ofthe standards at 40 C.F.R. Part 60, Subpart 

### J; WHEREAS, EPA recognizes that "Malfunctions," as defined in Paragraph 10 and 40 C.F.R. 

### § 60.2, ofthe "Sulfur Recovery Plants" or of"Upstream Process Units" may result in



### - 3-

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flaring of"Acid Gas" or "Sour Water Stripper Gas" on occasion, asthose terms are defined herein, and that such flaring does not violate 40 C.F

### .R. 

### § 60.11(d) orNSPS Subpart J orJa ifthe
owner or operator, to the extent practicable, maintains and operates such units in a manner consistent with good air pollution control practice for minimizing emissions during these periods; WHEREAS, EPA recognizes that the HOVENSA Refinery is located on an island in the Caribbean Sea which precludes the Refinery's access to natural gas and consequently its ability to limit burning fuel oil in Refinery heaters and boilers; WHEREAS, as ofthe Date ofLodging, the Virgin Islands Territory is in attainment for all primary and secondary ambient air quality standards (40 C.F

### .R. 

### § 81.356); WHEREAS, Section 325 ofthe Clean Air Act provides that under certain circumstances
an exemption for some requirements ofthe Act may be provided due to "unique geographical, meteorological, or economic factors ofsuch [Virgin Islands] territory"; WHEREAS, discussions between the Parties have resulted in the settlement embodied in this Consent Decree; WHEREAS, HOVENSA has waived any applicable federal, territorial or local requirements ofstatutory notice ofthe alleged violations; WHEREAS, by signing this Consent Decree, HOVENSA has waived the right ofservice ofprocess, and the United States agrees that HOVENSA need not answer the Complaint; WHEREAS, EPA sought and HOVENSA provided a substantial amount ofinformation concerning Refinery operations and configuration; WHEREAS, the Parties engaged in numerous meetings over the past six (6) years to resolve this matter;

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WHEREAS, the Parties acknowledge the following: (1) shortly before executing the Consent Decree, EPA adopted more stringent National Ambient Air Quality Standards (NAAQS) for N02 (75 Fed. Reg. 6474 (Feb. 9, 2010)), 

### SOz (75 Fed. Reg. 35520 (June 22, 2010)), and issued a memorandum regarding demonstrating compliance with PM-2.5 NAAQS (March 23,2010, "Modeling Procedures for Demonstrating Compliance with PM-2.5 NAAQS"); (2) the more stringent N02 and S02NAAQS and PM-2.5 memorandum may affect HOVENSA's ability to timely obtain permits necessary to meet the compliance schedules set in Paragraphs 23- 28, 34, 35, 135 (as to Boiler 5), and 136; and (3) the Parties do not intend to require the construction ofany project required as a result ofthe N02 or S02 NAAQS orPM-2.5 memorandum to occur concurrently with the construction ofprojects required by Paragraphs 23

- 28, 34, 35, 135 (as to Boiler 5), and 136. WHEREAS, notwithstanding the foregoing reservations, the Parties agree that: (i) settlement ofthe matters set forth in the Complaint is in the best interests ofthe Parties and the public; and (ii) entry ofthis Consent Decree without litigation is the most appropriate means ofresolving this matter; and WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated at arms' length and in good faith and that this Consent Decree is fair, reasonable, and in the public interest; WHEREAS, the Virgin Islands Department ofPlanning and Natural Resources ("VIDPNR") recognizes that, after the Date ofLodging ofthis Consent Decree, HOVENSA may seek to apply for a revised Permit to Operate (or Title V permit amendment) for the Coker to change, modify or delete certain provisions, in accordance with and as provided by applicable permitting regulations providing for such revisions;



### - 5-

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WHEREAS, the Parties agree that nothing in this Consent Decree requires the aggregation ofprojects undertaken to implement the requirements ofthis Consent Decree for purposes ofNSR/PSD permitting, and that such determinations shall be made in accordance with applicable EPA policy; NOW THEREFORE, with respect to the matters set forth in the Complaint and in Part XVII (Effect ofSettlement), and before the taking ofany testimony, without adjudication ofany issue offact or law, and upon the consent and agreement ofthe Parties to this Consent Decree, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 

### I. JURISDICTION AND VENUE 1. This Court hasjurisdiction over the subject matter ofthis action and over the Parties pursuant to 28 U.S.C. §§ 1331, 1345, and 1355. In addition, this Court hasjurisdiction
over the subject matter ofthis action pursuant to Sections 113(b) and 167 ofthe CAA, 42 U.S.C. §§ 7413(b) and 7477. The United States' Complaint states a claim upon which reliefmay be granted for injunctive reliefand civil penalties against HOVENSA under the Clean Air Act. Authority to bring this suit is vested in the United States Department ofJustice by 28 U.S.C. 

### §§ 516 and 519 and Section 305 ofthe CAA, 42 U.S.C. 

### § 7605. 2. Venue is proper in the District ofthe Virgin Islands pursuant to Section 113(b) of the CAA, 42 U.S.C. 

### § 7413(b), and 28 U.S.C. 

### §§ 1391(b) and (c) and 1395(a). HOVENSA _;_ consents to the personaljurisdiction ofthis Court, waives any objections to venue in this District, and does not object to the Virgin Islands' participation in this action. 3. Notice ofthe commencement ofthis action has been given to the Virgin Islands in accordance with Section 113(a)(1) ofthe Clean Air Act, 42 U.S.C. 

### § 7413(a)(1), and as required by Section 113(b) ofthe CAA, 42 U.S.C. 

### § 7413(b).

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II. APPLICABILITY AND BINDING EFFECT 4. The provisions ofthis Consent Decree shall apply to the Refinery, and shall be binding upon the United States, the United States Virgin Islands, HOVENSA and its agents, successors, and assigns. "i" 5. HOVENSA agrees not to contest the validity ofthis Consent Decree in any subsequent proceeding to implement or enforce its terms. HOVENSA further agrees that, in any action to enforce this Consent Decree, it shall not raise as a defense the failure by any ofits officers, directors, employees, agents, or contractors to take any actions necessary to comply with the provisions ofthis Consent Decree. 6. Effective from the Date ofEntry ofthis Consent Decree until termination pursuant to Part XIX (Termination), HOVENSA agrees that the Refinery is covered by this Consent Decree. Effective from the Date ofEntry, HOVENSA shall give written notice ofthis Consent Decree to any successors in interest to the Refinery prior to the transfer ofownership or operation ofany portion ofthe Refinery and shall provide a copy ofthis Consent Decree to any
successor in interest. HOVENSA shall notifY the United States and the Virgin Islands, in accordance with the notice provisions set forth in Paragraph 225 ("Notice"), ofany successor in interest at least thirty (30) Days priorto any such transfer. 7. HOVENSA shall condition any transfer, in whole or in part, ofownership of, operation of, or other interest (exclusive ofany non-controlling, non-operational shareholder or membership interest) in the Refinery upon the execution by the transferee ofa modification to this Consent Decree, which makes the terms and conditions ofthis Consent Decree applicable to the transferee. By no earlier than thirty (30) Days after such notice, HOVENSA may file a motion to modifY this Consent Decree with the Court to make the terms and conditions ofthis

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 12 of 159

Consent Decree applicable to the transferee. HOVENSA shall be released from the obligations and liabilities ofthis Consent Decree unless the United States or the Virgin Islands opposes the motion and the Court finds that the transferee does not have the financial and technical ability to
assume the obligations and liabilities under this Consent Decree. 8. Except as provided in Paragraph 7, HOVENSA shall be solely responsible for ensuring that performance ofthe work contemplated under this Consent Decree is undertaken in accordance with the deadlines and requirements contained in this Consent Decree and any appendices hereto. HOVENSA shall provide a copy ofthe applicable provisions ofthis Consent Decree to each consulting or contracting firm that is retained to perform work required under this Consent Decree upon execution ofany contract relating to such work. Copies ofthe relevant portions ofthis Consent Decree do not need to be supplied to firms who are retained solely to supply materials or equipment to satisfy the requirements ofthis Consent Decree. 

### III. OBJECTIVES 9. It is the purpose ofthe Parties to this Consent Decree to further the objectives of the Clean Air Act. 

### IV. DEFINITIONS 10. Unless otherwise defined herein, terms used in this Consent Decree shall have the meaning given to those terms in the Clean Air Act and the implementing regulations promulgated thereunder. The following terms used in this Consent Decree shall be defined, solely for purposes ofthis Consent Decree and the reports and documents submitted pursuant thereto, as follows: 

### A. "365-day rolling average" shall mean the average daily emission rate during the preceding 365 Operating Days.



### - 8-

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B. "7-day rolling average" shall mean the average daily emission rate during the preceding seven (7) Operating Days. C. "Acid Gas" shall mean any gas that contains hydrogen sulfide and is generated at
a refinery by the regeneration ofan amine scrubber solution but does not include Tail Gas. D. "Acid Gas Flaring" or "AG Flaring" shall mean the combustion ofan Acid Gas and/or Sour Water Stripper Gas in an AG Flaring Device. E. "Acid Gas Flaring Device" or "AG Flaring Device" shall mean any device that is used for the purpose ofcombusting Acid Gas and/or Sour Water Stripper Gas, except facilities in which gases are combusted to produce sulfur or sulfuric acid. The AG Flaring Devices currently in service are identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja"). To the extent that, during the duration ofthe Consent Decree, the Refinery utilizes AG Flaring Devices other than those specified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") for the purpose ofcombusting Acid Gas and/or Sour Water Stripper Gas, those AG Flaring Devices shall be covered under this Consent Decree. F. "Acid Gas Flaring Incident" or "AG Flaring Incident" shall mean an incident that results in the continuous or intermittent combustion ofAcid Gas and/or Sour Water Stripper Gas in one or more AG Flaring Devices that results in the emission ofsulfur dioxide equal to, or in
excess of, 500 pounds in any 24-hour period; provided, however, that if500 pounds ormore of sulfur dioxide has been emitted in a 24-hour period and flaring continues into subsequent, contiguous, non-overlapping 24-hour period(s), each period ofwhich results in emissions equal to, or in excess of, 500 pounds ofsulfur dioxide, then only one AG Flaring Incident shall have occurred. Subsequent, contiguous, non-overlapping periods are measured from the initial commencement offlaring within the AG Flaring Incident. When AG Flaring occurs within a



### - 9-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 14 of 159

24-hour period at more than one AG Flaring Device the quantity ofsulfur dioxide attributable to AG Flaring emitted from each AG Flaring Device shall be added together for purposes of determining whether there is one AG Flaring Incident unless the root causes ofthe flaring at the various AG Flaring Devices are not related to each other. G. "Calendar Quarter" shall mean the three month period ending on March 31st, June 30th, September 30th, and December 31st. H. "CEMS" shall mean continuous emissions monitoring system. I. "CO" shall mean carbon monoxide. J. "Coker" shall mean the delayed coker unit commissioned on or about August 2002. K. "Coker Steam Vents" shall mean the valves and associated pipe located on the coke drums that are used to vent exhaust gases from the coke drum to the atmosphere following water quench. This shall not include emergency pressure reliefsafety valves. L. "CompressorEngines" shall mean the fuel-fired reciprocating engines that are coupled to the Nos. 2 and 4 desulfurizer unit compressors. M. "COMS" shall mean continuous opacity monitoring system. N. "Consent Decree" or "Decree" shall mean this Consent Decree, including any and all appendices attached to this Consent Decree. 

### 0. "Current Generation Ultra-Low NOx Burners" or "Current Generation ULNBs" shall mean those burners that are designed to achieve a NOx emission rate ofless than or equal to 0.040 lb NOx/mmBTU (HHV) when firing natural gas at 3% stack oxygen at full design load without air preheat, even ifupon installation actual emissions exceed 0.040 lb NO,JmmBTU (HHV).

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P. "Date ofEntry" shall mean the date on which this Consent Decree is approved and signed by a District Court Judge for the District ofthe Virgin Islands. 

### Q. "Date ofLodging" shall mean the date this Consent Decree is lodged with the District Court ofthe Virgin Islands. R. "Day" or "Days" shall mean a calendar day or days unless expressly stated to be
a Working Day orWorking Days. In computing any period oftime under this Consent Decree (except for the calculation ofrolling averages), where the last day would fall on a Saturday, Sunday, or federal or Virgin Islands territorial holiday, the period shall run until the close of business ofthe next Working Day. S. "EPA" shall mean the United States Environmental Protection Agency and any
successor departments or agencies ofthe United States. T. "FCCU" shall include the riser, reactor, regenerator, air blower, spent catalyst stripper, catalyst recovery equipment, regenerator equipment for controlling air pollutant emissions, flue gas cooler, and the fractionator, its overhead condenser and associated wet gas compressor. U. "FCCU and Coker Drain Systems" means the individual drain systems (as defined in 40 CFR §60.691) and ancillary equipment which manage oily wastewater generated in the process units in the FCCU complex and the Coker. V. "FCCU Catalyst Regenerator" shall mean a fluid catalytic cracking unit catalyst regenerator, as defined in 40 C.F.R. § 60.101. W. "FCCU Turboexpander Vents" shall mean the vents used during maintenance after the turboexpander has been completely bypassed to safely depressurize the ductwork and turboexpander.

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X. "Flaring Device" shall mean an AG and/or a HC Flaring Device. Y. "Fuel Oil" shall mean any liquid fossil fuel with sulfur content ofgreater than 0.05% by weight. Z. "Generating Turbine" shall mean any gas or liquid fuel-fired combustion turbine ofany size that is used to generate electricity or steam through the use ofa heat recovery steam generator. AA. "HOVENSA" shall mean HOVENSA L.L.C. and its respective successors and assigns. BB. "Hydrocarbon Flaring" or "HC Flaring" shall mean the combustion ofrefinerygenerated gases, except for Acid Gas, Sour Water Stripper Gas, and/or Tail Gas, in a Hydrocarbon Flaring Device. CC. "Hydrocarbon Flaring Device" or "HC Flaring Device" shall mean a flare used to safely control (through combustion) any excess volume ofa refinery-generated gas otherthan Acid Gas and/or Sour Water Stripper Gas and/or Tail Gas. The HC Flaring Devices currently in service are identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja"). Tothe extent that, during the duration ofthe Consent Decree, the Refinery utilizes HC Flaring Devices otherthan those specified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") for the purposes ofcombusting any excess volume ofa refinery-generated gas otherthan Acid Gas and/or Sour Water Stripper Gas and/or Tail Gas, those HC Flaring Devices shall be covered under this Consent Decree. DD. "Hydrocarbon Flaring Incident" or "HC Flaring Incident" shall mean an incident that results in the continuous or intermittent Hydrocarbon Flaring, except for Acid Gas, Sour Water Stripper Gas, orTail Gas, at a Hydrocarbon Flaring Device that results in the emission of

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# ~I

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

sulfur dioxide equal to or greater than five-hundred (500) pounds in any 24-hour period; provided, however, that if500 pounds or more ofsulfur dioxide has been emitted in any 24-hour period and flaring continues into subsequent, contiguous, non-overlapping 24-hour period(s), each period ofwhich results in emissions equal to, or in excess of, 500 pounds ofsulfur dioxide, then only one HC Flaring Incident shall have occurred. Subsequent, contiguous, nonoverlapping periods are measured from the initial commencement offlaring within the HC Flaring Incident. When HC Flaring occurs within a 24-hour period at more than one HC Flaring Device the quantity ofsulfur dioxide attributable to HC Flaring emitted from each HC Flaring Device shall be added together for purposes ofdetermining whether there is one HC Flaring Incident unless the root causes ofthe flaring at the various HC Flaring Devices are not related to each other. EE. "Malfunction" shall mean, as specified in 40 C.F.R. 

### § 60.2, "any sudden, infrequent, and not reasonably preventable failure ofair pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions." FF. "Next Generation Ultra-Low NOx Burners" or ''Next Generation ULNBs" shall
mean those burners that are designed to achieve a NOx emission rate ofless than orequal to 0.020 lb NOxfmmBTU (HHV) when firing natural gas at 3% stack oxygen at full design load without air preheat, even ifupon installation actual emissions exceed 0.020 lb NOxfmmBTU (HHV). GG. "NOx" shall mean nitrogen oxides. HH. "Operating Day" shall mean a Day on which a minimum of 18 hours ofvalid emissions data are obtained.



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II. "Paragraph" shall mean a portion ofthis Consent Decree identified by an Arabic numeral. JJ. "Part" shall mean a portion ofthis Consent Decree identified by a Roman numeral. KK. "PEMS" shall mean predictive emissions monitoring systems developed in accordance with Appendix B ("Predictive Emissions Monitoring System Requirements") to this Consent Decree. LL. "PM" shall mean particulate matter as measured by 40 C.F.R. Part 60, Appendix A, Method 5B or 5F (front halfonly). MM. "Parties" shall mean the United States, the United States Virgin Islands, and HOVENSA L.L.C. NN. "Refinery" shall mean the petroleum refining facility that is owned and operated by HOVENSA L.L.C. in St. Croix, U.S. Virgin Islands. The boundaries ofthe Refinery are shown in Appendix I ("Map ofHOVENSA L.L.C."). The Refinery does not include Oxbow St. Croix L.L.C, VWNA Process Solutions/Texas L.L.C., Charlie's/Diamond Ready Mix, Inc., Spencer Ocean Services, or Linde Gas Puerto Rico, Inc., which are located within the Refinery's boundaries but are not part ofthe Refinery's operations as ofthe Date ofLodging. 

### 00. "Root Cause" shall mean the primary cause(s) ofan AG Flaring Incident(s), Hydrocarbon Flaring Incident(s), or a Tail Gas Incident(s) as determined through a process of investigation. PP. "Section" shall mean a portion ofthis Consent Decree identified by a capital letter.

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 19 of 159

QQ. "Shutdown" as specified in 40 C.F.R. 

### § 60.2, shall mean the cessation of operation ofequipment for any purpose. RR. "Sour Water Stripper Gas" or "SWS Gas" shall mean the gas produced by the process ofstripping refinery sour water. SS. "S02" shall mean sulfur dioxide. IT. "Startup" as specified in 40 C.F.R. 

### § 60.2 shall mean the setting in operation of equipment for any purpose. UU. "Sulfur Recovery Plant" or "SRP" shall mean a process unit that recovers sulfur from hydrogen sulfide by a vapor phase catalytic reaction ofsulfur dioxide and hydrogen sulfide. VV. "Tail Gas" {"TG") shall mean exhaust from the Claus trains and/or the Tail Gas Unit. WW. "Tail Gas Unit" or "TGU" shall mean a control system using a technology for reducing emissions ofsulfur compounds from a Sulfur Recovery Plant. XX. ''Tail Gas Incident" shall mean combustion ofTail Gas that either:
a. Is combusted in a thermal incinerator and results in excess emissions of 500 pounds or more ofS02 in any 24-hourperiod. Only those time periods with emissions that
are in excess ofan 

### SOz concentration of250 ppm (rolling twelve-hour average) shall be used to determine the amount ofexcess 

### SOz emissions from the incinerator; or b. Is emitted from the Tail Gas Unit and results in excess emissions oftotal reduced sulfur {"TRS") that are equivalent to 500 pounds or more ofS02 emissions in any 24-hour period. Only those time periods with emissions that are in excess ofa TRS concentration of300 ppm (rolling twelve-hour average) shall be used to determine the equivalent amount ofexcess S02 emissions.



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HOVENSA shall use good engineeringjudgment and/or other monitoring data during periods in which the S02 continuous emission analyzer has exceeded the range ofthe instrument or is out ofservice. YY. "Upstream Process Units" shall mean all amine contactors, amine scrubbers, and
sour water strippers, as well as all process units that produce gaseous or aqueous waste streams that are processed at amine contactors, amine scrubbers, or sour water strippers. ZZ. "VIDPNR" shall mean the Department ofPlanning and Natural Resources ofthe United States Virgin Islands. AAA. "Wet Injection" shall mean the injection ofwater or steam into the combustion section ofa Generating Turbine for the purposes ofNOx control. BBB. "Working Day" or "Working Days" shall mean any calendar day or days except Saturday, Sunday, federal holidays, or Virgin Islands territorial holidays. 

### V. AFFIRMATIVE RELIEF/ENVIRONMENTAL PROJECTS A. Control ofNO! Emissions from the FCCU. Summary: HOVENSA shall implement a program as set forth herein with a goal to reduce NOx emissions from the FCCU. HOVENSA shall incorporate lowerNOx emission limits into permit applications and will demonstrate future compliance with the lower emission limits through the use ofCEMS. 11. FCCU N011 Emission Limits. By no later than the Date ofEntry, HOVENSA shall limit NOx emissions from the FCCU to 20 ppmvd or less on a 365-day rolling average and 40 ppmvd or less on a 7-day rolling average, each at 0%02• NOx emissions during periods of Startup, Shutdown or Malfunction ofthe FCCU shall not be used in determining compliance

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 21 of 159

with the 7-day rolling average NOx emission limit, provided that during such periods HOVENSA implements good air pollution control practices to minimize NOx emissions. 12. Demonstrating Compliance with PCCU NOll: Emission Limits. By no later than the Date ofLodging, HOVENSA shall continue to use NOx and 0 2CEMS to monitor performance ofthe PCCU and to report compliance with the terms and conditions ofthis Consent Decree. CEMS will be used to demonstrate compliance with the NOx emission limits established pursuant to Paragraph 11. HOVENSA shall make CEMS data available to EPA and VIDPNR upon request as soon as practicable. HOVENSA shall install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of 40 C.P.R. 

### § 60.13 that are applicable to CEMS (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and P, and the applicable performance specification test of40 C.P.R. Part 60 Appendix B. With respect to 40 C.P.R. Part 60, Appendix P, in lieu ofthe requirements of40 C.P.R. Part 60, Appendix P 

### §§ 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a Relative Accuracy Audit ("RAA'') or a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. HOVENSA must also conduct Cylinder Gas Audits ("CGA'') each calendar quarter during which a RAA or a RATA is not performed. 

### B. Control of**SO~** 

### Emissions from the FCCU. Summary: HOVENSA shall limit S02 emissions from the PCCU, as required herein. HOVENSA has incorporated the S02 emission limits into permits and will continue to demonstrate compliance with the emission limits through the use ofCEMS.



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13. FCCU S02 Emission Limits. By no later than the Date ofEntry, HOVENSA shall limit S02 emissions from the FCCU to 16 ppmvd or less on a 365-day rolling average and 25 ppmvd or less on a 7-day rolling average, each at 0% Oz. 14. Demonstrating Compliance with FCCU S02 Emission Limits. By no later than thebate ofEntry, HOVENSA shall use an S02 (and 0 2) CEMS to monitor the performance of the FCCU and to report compliance with the terms and conditions ofthis Consent Decree. HOVENSA shall make CEMS data available to EPA and VIDPNR upon request, as soon as practicable. S02 emissions during periods ofMalfunction ofthe Wet Gas Scrubber ("WGS") shall not be used in determining compliance with the 7-day rolling average S02 emission limit established pursuant to Paragraph 13, provided that during such periods HOVENSA implements good air pollution control practices to minimize S02 emissions. HOVENSA shall install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F.R. § 60.13 that are applicable to CEMS (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. With respect to 40 C.F.R. Part 60, Appendix F, in lieu ofthe requirements of40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a Relative Accuracy Audit ("RAA'') or
a Relative Accuracy Test Audit ("RATA") on each CEMS at least once every three (3) years. HOVENSA must also conduct Cylinder Gas Audits ("CGA'') each calendar quarter during which
a RAA or a RAT A is not performed. C. Control ofPM Emissions from the FCCU. Summary: HOVENSA shall continue to control and limit particulate matter ("PM") emissions from the Refinery FCCU.

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 23 of 159

15. FCCU PM Emission Limits. By no later than the Date ofEntry, HOVENSA shall limit PM emissions from the FCCU to 0.5 pounds PM or less per 1,000 pounds ofcoke burned based on the average ofthree (3) 1-hour stack tests. 16. PM Testing for FCCU. HOVENSA shall follow the stack test methodology specified in 40 C.P.R.§ 60.106(b)(2) to measure PM emissions from the FCCU. HOVENSA shall propose and submit a stack test protocol to EPA and VIDPNR, for approval by EPA, not later than three (3) months after the Date ofEntry. HOVENSA shall conduct the first stack test
no later than twelve (12) months after the Date ofEntry. HOVENSA shall conduct annual stack tests at the FCCU. Upon demonstrating through at least three (3) annual tests that the PM limits
are not being exceeded, HOVENSA may request EPA approval to conduct tests less frequently than annually. 17. PM emissions during periods ofMalfunction ofthe FCCU's WGS shall not be used in determining compliance with the emission limit of0.5 pounds ofPM per 1,000 pounds of coke burned, provided that during such periods HOVENSA implements good air pollution control practices to minimize PM emissions. 

### D. Control ofCO Emissions from theFCCU. Summary: HOVENSA shall continue to operate the FCCU in a manner that minimizes CO emissions while complying with the NOx limits as required herein. 18. FCCU CO Emissions Limit. By no later than the Date ofEntry, HOVENSA shall limit CO emissions from the FCCU to 500 ppmvd or less on a 1-hour block average basis corrected to 0% 

### 02. 19. At any time during the term ofthis Consent Decree, HOVENSA may accept a CO emissions limit of 100 ppmvd or less on a 365-day rolling average basis corrected to 0% 

### 02.

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20. CO emissions during periods ofStartup, Shutdown, or Malfunction ofthe FCCU shall not be used in determining compliance with the 1-hour 500 ppmvd emissions limit, provided that during such periods HOVENSA implements good air pollution control practices to minimize CO emissions. 1.'5 21. Demonstrating Compliance with FCCU CO Emission Limits. By no later than the Date ofEntry, HOVENSA shall continue to use a CO CEMS to monitor the performance of the FCCU and to report compliance with the terms and conditions ofthis Consent Decree. HOVENSA shall make CEMS and process data available to EPA and VIDPNR upon request, as
soon as practicable. HOVENSA shall install, certify, calibrate, maintain, and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F.R. § 60.13 that are applicable to CEMs (excluding those provisions applicable only to Continuous Opacity Monitoring Systems) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. With respect to 40 C.F.R. Part 60, Appendix F, in lieu ofthe requirements of40 C.F.R. Part 60, Appendix F §§ 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a RAA or a RATA on each CEMS at least once every three (3) years. HOVENSA must also conduct Cylinder Gas Audits ("CGA'') each calendar quarter during which a RAA or a RAT A is not performed. 

### E. NSPS Subparts A and J Applicability to the FCCU Catalyst Regenerator. 22. The HOVENSA FCCU Catalyst Regenerator shall continue to be an "affected facility," as that tennis used in 40 C.F.R. Part 60, Subparts A and 

### J, and therefore shall be subject to and continue to comply with, the requirements of40 C.F.R. Part 60, Subparts A and 

### J, for S02, PM (and opacity), and CO. HOVENSA shall comply with the monitoring requirements ofNSPS Subparts A and J for opacity by submitting, by no later than sixty (60) Days following

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the first stack test required by Paragraph 16, an Alternate Monitoring Plan (AMP) for EPA approval. Compliance at the FCCU Catalyst Regenerator with the provisions ofNSPS Subpart Ja shall constitute compliance with the requirements ofNSPS Subpart J as provided in 40 C.F.R.§60.100 (e) for the purposes ofthis Section and Paragraph 219.
a. Ifprior to the termination ofthis Consent Decree, the FCCU becomes subject to NSPS Subpart Ja for a particular pollutant due to a modification, the affected facility shall be subject to and comply with NSPS Subpart Jain lieu ofNSPS, Subpart J for that regulated pollutant to which a standard applies as a result ofthe modification. b. Ifprior to the termination ofthis Consent Decree, the FCCU becomes subject to NSPS Subpart Ja due to a reconstruction, the affected facility shall be subject to and comply with NSPS Subpart Ja for all pollutants in lieu ofSubpart J. 

### F. NOx Emission Reductions from Heaters, Boilers. Generating Turbines. and Compressor Engines. Summary: As required herein, HOVENSA shall implement a program to reduce NOx emissions from Refinery heaters and boilers with a heat input ofgreater than 40 mmBTU/hr, Generating Turbines and Compressor Engines. NOx emission reductions will be accomplished through the designated installation ofNOx controls and the acceptance ofpermit emission limits
on the units controlled to meet the requirements ofParagraph 24 or the shutdown ofcertain units and the relinquishment oftheir permits. HOVENSA will monitor compliance with the emission limits through source testing, use ofCEMS, and/or the use ofa PEMS. CEMS required under this Section shall be operated and data recorded pursuant to applicable law. 23. Installation ofNOx Control Technology. HOVENSA shall select one or any combination ofthe following "Qualifying Controls" to satisfy the requirements ofParagraphs 24, 26, 27, and 28:

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

a. Current or Next Generation Ultra-Low NOx Burners; b. Selective Catalytic Reduction (SCR) or Selective non-Catalytic Reduction (SNCR);
c. Wet injection applied to Generating Turbines to achieve 96 ppmvd@ 15% 

### 0 2 when firing vacuum gas oil (VGO) and 42 ppmvd @ 15% 

### 02 when firing any other fuels; d. Other technologies which HOVENSA demonstrates to EPA's satisfaction should reduce NOx emissions to 0.040 lb per million BTU or less when firing refinery fuel gas in heaters and boilers, to 0.150 lb per million BTU when firing Fuel Oil in heaters and boilers; and
e. Permanent unit shutdown and relinquishment ofpermit. 24. HOVENSA shall use Qualifying Controls to reduce NOx emissions from the heaters and boilers greaterthan 40 mmBTU per hour, Generating Turbines, and Compressor Engines listed in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"), by the amounts and deadlines required in Paragraphs 26, 27 and 28 expressed as tons per year, and as determined by the total ofthe summations below:

n 

# L[ ( Eactual}

- (£allowable}] i=l Where:for gas only fired combustion units (Eanowable)i 

## = [(The permitted allowable pounds ofNOx per million BTU for combustion unit i, orthe requested portion ofthe permitted reduction pursuant to Paragraph 13l.e)/(2000 pounds per ton)] x [(the lower of permitted or maximum heat input rate capacity in million BTU per hour for combustion unit i) x (the lower of8760 or permitted hours peryear)];

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 27 of 159

for oil capable combustion units (Eauowable); 

## =[(PAF1)x(AAHIF1) 

### +(PAF2)x(PMAAHI- AAHIF1)]x(8760/2000) PAF1 AAHIF1 PAF2 PMAAHI
(Eactual)i

n 

## = permitted allowable lb NO,JmmBTU for higher emitting fuel #1 (e. g. VGO) permitted annual average allowable heat input mmBTU/hr fuel #1 (e.g., VGO) permitted allowable lb/mmBTU for lower emitting fuel #2 (e. g., refinery fuel gas and No. 2 oil) permitted maximum annual average allowable heat input mmBTU/hr for all fuels or reduced value ifannual utilization is limited by permit
The average tons ofNOxper year prior actual emissions during calendar years 2004 and 2005 (unless prior actuals exceed allowable emissions, then use allowable) as shown in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines") for controlled heater or boiler i; and The number ofcombustion units with Qualifying Controls at the Refinery from those listed in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines") that are selected by HOVENSA to satisfy the requirements of the equation set forth in this Paragraph. Permit limits established to implement this Paragraph may use a 365-day rolling average for heaters, boilers, and Generating Turbines that use a CEMS orPEMS to monitor compliance. Otherwise, permit limits established to implement this Paragraph shall be based on the averaging periods set forth in the applicable reference test method. 25. Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines") provides the following information for each of the heaters and boilers with a maximum heat input capacity greater than 40 mmBTU per hour, all Generating Turbines and Compressor Engines:
a. The maximum heat input capacity and, ifless, the permitted allowable heat input capacity, in mmBTU/hr (HHV);

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 28 of 159

b. The actual NOx emission rate for both calendar years 2004 and 2005 in lb/mmBTU (HHV) and tons per year; and
c. The type ofdata used to derive the emission estimate (i.e., emission factor, stack test, or CEMS data) and the averaging period for the emissions data. 26. By four (4) years from Date ofEntry, HOVENSA shall install sufficient Qualifying Controls and have applied for emission limits from the appropriate permitting authority sufficient to achieve 1,079 tpy NOx emissions reductions as determined by the summation in Paragraph 24. By four (4) years and three (3) months from Date ofEntry, HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis Paragraph and Paragraph 23. For purposes ofthis Consent Decree, "applied for" shall mean that HOVENSA has submitted a complete and timely application for the appropriate permit, permit modification, and/or other enforceable permit vehicle. 27. By five (5) years from Date ofEntry, HOVENSA shall install sufficient Qualifying Controls and have applied for emission limits from the appropriate permitting authority sufficient to achieve 3,663 tpy NOx emission reductions as determined by the summation in Paragraph 24. By five (5) years and three (3) months from Date ofEntry, HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis Paragraph and Paragraph 23. 28. By eight (8) years from Date ofEntry, HOVENSA shall install sufficient Qualifying Controls and have applied for emission limits from the appropriate permitting authority sufficient to achieve 4,744 tpy NOx emission reductions as determined by the summation in Paragraph 24. By eight (8) years and three (3) months from Date ofEntry,

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 29 of 159

HOVENSA shall provide EPA with a report showing how it satisfied the requirement ofthis Paragraph and Paragraph 23. 29. HOVENSA shall submit a detailed NOx Control Plan ("Control Plan") to EPA for review and comment, and to VIDPNR, by no later than four (4) months after Date ofEntry, with annual updates every twelve (12) months thereafter until HOVENSA has complied with the requirements ofParagraph 28. The Control Plan and its updates shall describe the achieved and anticipated progress ofthe NOx emission reductions program for heaters, boilers, Generating

·-; Turbines, and Compressor Engines and shall contain the following for each heater and boiler greater than 40 mmBTU/hr, all Generating Turbines, and Compressor Engines that HOVENSA plans to use to satisfy the requirements ofParagraphs 26, 27 or 28:
a. All ofthe information in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"); b. Identification ofthe type ofQualifying Controls installed or planned with the date installed or planned;
c. To the extent limits exist or are planned, the allowable NOx emission rates (in lbs/mmBTU (HHV), with averaging period) and allowable heat input rate (in mmBTU/hr (HHV)) obtained orplanned with dates obtained orplanned; d. The results ofemissions tests conducted pursuant to Paragraph 30 and annual average CEMS or PEMS data (in ppmvd at 

### 3%02, lbs/mmBTU), and tons per year; and
e. The amount in tons peryear applied orto be applied toward satisfying Paragraphs 24, 26, 27, and 28. Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines'') and the Control Plan and updates required by



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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 30 of 159

this Paragraph shall be for informational purposes only and may contain estimates. They shall not be used to develop permit requirements or other operating restrictions. HOVENSA may change any projections, plans, or information included in the Control Plan or updates. 30. Beginning no later than 180 Days after installing Qualifying Controls on and commencing operation ofa heater, boiler, or Generating Turbine that will be used to satisfy the requirements ofParagraphs 24, 26, 27, and 28, HOVENSA shall monitor the heaters, boilers or Generating Turbines as follows:


### a. For heaters, boilers, and Generating Turbines with a maximum heat input capacity of 150 mmBTU/hr (HHV) or greater, install or continue to operate a NOx CEMS; b. For heaters and boilers with a maximum heat input capacity ofless than 150 mmBTU/hr (HHV), but greater than or equal to 100 mmBTU/hr (HHV), or Generating Turbines, install or continue to operate a NOx CEMS, or monitor NOx emissions with a PEMS developed and operated pursuant to the requirements ofAppendix B ("Predictive Emissions Monitoring System Requirements");
c. For heaters and boilers with a maximum heat input capacity oflessthan 100 mmBTU/hr (HHV), but greater than orequal to 40 mmBTU/hr (HHV), conduct an initial performance test and any periodic tests that may be required by EPA or VIDPNR under other applicable regulatory authority. The results ofthe initial performance testing shall be reported to EPA and VIDPNR. HOVENSA shall use Method 7E, an EPA-approved, or a VIDPNR-approved alternate test method to conduct initial performance testing for NOx emissions required by this Subparagraph. Monitoring with a PEMS that is required by this Paragraph shall be conducted in accordance with the requirements ofAppendix B ("Predictive Emissions Monitoring System

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 31 of 159

Requirements"). Units with Qualifying Controls installed before Date ofEntry that are subject to this Paragraph shall comply with this Paragraph by three (3) years from Date ofEntry. 31. Beginning no later than 180 Days after installing Qualifying Controls and commencing operation ofa heater, boiler or Generating Turbine that will be monitored by use of
a NOx CEMS that is required by Paragraph 30, HOVENSA shall install, certify, calibrate, maintain, and operate all CEMS in accordance with the provisions of40 C.F.R. § 

### 60.13 that are applicable to CEMS (excluding those provisions applicable only to COMS) and Part 60 Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60 Appendix B. With respect to 40 C.F.R. Part 60, Appendix F, in lieu ofthe requirements of 40 C.F.R. Part 60, Appendix F §§ 

### 5.1.1, 5.1.3 and 5.1.4, HOVENSA must conduct either a RAA
or a RATA on each CEMS at least once every three (3) years. HOVENSA must also conduct Cylinder Gas Audits ("CGA") each calendar quarter during which a RAA or a RATA is not performed. Nothing in this Paragraph shall affect any more stringent territorial or local monitoring requirements. 32. The requirements ofthis Section do not exempt HOVENSA from complying with any and all Federal or territorial requirements that may require technology, equipment, monitoring, or other upgrades based on actions or activities occurring after the Date ofLodging,
or based on new or modified regulatory, statutory, or permit requirements. 33. HOVENSA shall retain all records required to support the reporting requirements under this Section until termination ofthe Consent Decree. HOVENSA shall submit such records to EPA or VIDPNR upon request.

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 32 of 159

G.**SO~** 

### Emissions Reductions from, and NSPS Applicability to, Heaters, Boilers and Generating Turbines. Summary: HOVENSA shall undertake measures to reduce S02 emissions from Refinery heaters, boilers and Generating Turbines by restricting H2S in refinery fuel gas that is combusted
as specifically limited under the provisions set forth herein. 34. NSPS Applicability to Heaters, Boilers, and Other Fuel Gas Combustion Devices (Other than Flaring Devices). All heaters, boilers, and all other fuel gas combustion,devices (other than Flaring Devices) shall be affected facilities, as that term is used in 40 C.F.R. Part 60, Subparts A and J (or Ja ifSubparagraph a orb ofthis paragraph applies for a particular affected facility), and shall be subject to and comply with the applicable requirements ofNSPS Subparts A and J (or Ja ifSubparagraph a orb ofthis paragraph applies for a particular affected facility), for fuel gas combustion devices by the Date ofLodging, except for those heaters, boilers, and other fuel gas combustion devices listed in Appendix C ("NSPS Subpart J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices)"), which shall comply with the dates specified in Appendix C. Compliance ofa fuel gas combustion device with the provisions ofNSPS Subpart Ja for S02emissions shall constitute compliance with the requirements ofNSPS Subpart J as provided in 40 C.F.R. §60.100(e) for the purposes ofthis Section.
a. Ifprior to the termination ofthis Consent Decree, any heater, boiler or other fuel gas combustion device (other than a Flaring Device) becomes subject to NSPS Subpart Ja for a particular pollutant due to a modification, the affected facility shall be subject to and comply with NSPS Subpart Ja in lieu ofNSPS, Subpart J for that regulated pollutant to which a standard applies as a result ofthe modification.



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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 33 of 159

b. Ifprior to the termination ofthis Consent Decree, any heater, boiler or other fuel gas combustion device (other than a Flaring Device) becomes subject to NSPS Subpart Ja due to a reconstruction, the affected facility shall be subject to and comply with NSPS Subpart Ja for all pollutants in lieu ofSubpart J. 35. By no later than the date compliance is required pursuant to Paragraph 34, HOVENSA shall comply with the H2S/S02 monitoring requirements ofNSPS Subparts A and J
or Ja, as applicable. HOVENSA shall make monitoring data available to EPA and VIDPNR**~,.** upon request as soon as practicable. HOVENSA shall install, certifY, calibrate, maintain and operate all CEMS required by this Paragraph in accordance with the provisions of40 C.F.R. 

### § 60.13 that are applicable to CEMS (excluding those provisions applicable only to continuous opacity monitoring systems) and Part 60, Appendices A and F, and the applicable performance specification test of40 C.F.R. Part 60, Appendix B. 36. Compliance with Consent Decree Constitutes Compliance with Certain NSPS Subpart A Requirements. For each fuel gas combustion device that becomes an "affected facility," as that term is used in 40 C.F.R. Part 60, Subparts A and J orJa, as applicable, pursuant to this Section, entry ofthis Consent Decree and compliance with the relevant monitoring requirements ofthis Consent Decree for such fuel gas combustion device will satisfY the notice requirements of40 C.F.R. 

### § 60.7(a) and the initial performance test requirement of40 C.F.R. 

### § 60.8(a). 

### H. Sulfur in Fuel Restrictions for Oil Burning. Summary: HOVENSA shall reduce S02 emissions by reducing the sulfur content ofFuel Oil combusted pursuant to the provisions set forth herein.

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 34 of 159

37. Effective thirty (30) Days after the Date ofLodging, HOVENSA shall not burn Fuel Oil greater than 0.55 

### wt% sulfur at any time or 0.50 

### wt% on a 365-day rolling average basis in any heater, boiler, or Generating Turbine. 38. HOVENSA shall switch the fuel supply for any units combusting Fuel Oil to a Fuel Oil with not greater than 0.3 

### wt% sulfur within one hour ofwhen one ofthe following conditions occurs:
a. The hourly average winds blow from a 180° sector, defined as 90° to 270°, inclusive, where zero degrees is due North, for at least six (6) consecutive hours during a 24-hour block period, or any 12 non-consecutive hours during a 24-hour block period. Wind direction will be monitored by a meteorological tower located on HOVENSA property, and will be collected and reported as 1-hour averages, starting on the hour. lfthe average wind direction for
a given hour is from within the 180° sector, the wind will be deemed to have flowed from within the designated sector for that hour. A 24-hour block period is defined as beginning at midnight and ending on the following midnight. b. HOVENSA's meteorological station is inoperable for six consecutive hours. 39. HOVENSA may switch back to the higher sulfur content Fuel Oil (a Fuel Oil with a sulfur content ofless than or equal to 0.55 

### wt%) in accordance with the following conditions:
a. The winds blow outside ofthe 180° sector, defined as 90° to 270°, for at least three (3) consecutive hours, following the period which the winds were blowing inside the 180° sector; or

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 35 of 159

b. When the meteorological station becomes operable, and three (3) consecutive hours ofwind conditions outside the 90° to 270° sector have occurred. 40. On a daily basis, HOVENSA shall monitor the sulfur content ofall Fuel Oil burned pursuant to Paragraph 39 in accordance with ASTM D2622, D4294, or D5453, as follows:
a. Fuel Oil Supplied from Single Storage Tank:
1. Ifthe Fuel Oil burned is supplied from a single storage tank for an entire day or part thereof, then HOVENSA shall test the contents ofthe storage tank once per day by a sample taken at three (3) levels in the storage tank (i.e., the bottom, middle, and top) which is then composited (Composite Sample).
n. Ifthe same storage tank is used for more than one day and no Fuel Oil is added to the storage tank, then HOVENSA may use the storage tank sample result from the previous day to demonstrate the sulfur content ofthe storage tank. b. Fuel Oil Supplied from Multiple Storage Tanks: Ifthe Fuel Oil burned for
one or more consecutive days is supplied from more than one storage tank, then HOVENSA shall sample each storage tank separately once per day by a Composite Sample taken at three (3) levels in the storage tank (i.e., the bottom, middle, and top).
c. In the event that Fuel Oil is added to any storage tank, HOVENSA shall sample the storage tank by a Composite Sample taken at three (3) levels in the storage tank (i.e., the bottom, middle, and top) before the storage tank is placed into service. HOVENSA shall record the quantity and sulfur content ofall Fuel Oil burned pursuant to Paragraph 39, and shall include this data with the periodic (semi-annual) progress reporting in accordance with Part X (Reporting and Recordkeeping).

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 36 of 159

I. Sulfur 

### Recovery Plants: The SRPs are or will be affected facilities under NSPS Subparts J or Ja, and are complying or will comply with all applicable requirements of40 C.F.R. Part 60, Subparts A and J orJa. 41. Description ofSulfur Recovery Plants. As ofDate ofEntry, HOVENSA owns and operates the following SRPs:
a. East Side Sulfur Recovery Plant: The East Side SRP consists oftwo Claus Trains, #3 SRU and #4 SRU. A single Beavon Stretford Tail Gas Unit ("Beavon #2")
serves as the control device for both Claus Trains. During maintenance, Startup, Shutdown, and Malfunction ofBeavon #2, TG is combusted in an incinerator (H-4745). b. West Side Sulfur Recovery Plant: The West Side SRP consists oftwo Claus Trains, #1 SRU and #2 SRU. A single Beavon Stretford Tail Gas Unit ("Beavon #1")
serves as the control device for both Claus Trains. During Startup, Shutdown, and Malfunction ofBeavon#1, TG from SRUs #1 and #2 is combusted in separate dedicated incinerators (H-1032 and H-1042). 42. NSPS Applicability for SRPs. Effective on April 1, 2015, the East Side SRP shall be an "affected facility" as that term is used in 40 C.F.R. Part 60, Subparts A and Ja and shall become subject to the requirements ofSubpart Ja. The West Side SRP is currently an "affected facility" as that term is used in 40 C.F.R. Part 60, Subparts A and J and is already subject to the requirements ofSubpart J and shall be subject to Subpart Ja by no later than December 31, 2011. 43. Sulfur Pit Emissions: HOVENSA shall route orre-route all sulfur pit emissions
so that they are eliminated or controlled, and included and monitored as part ofthe SRPs' emissions subject to the NSPS Subpart Ja limit for S02 or reduced sulfur compounds, 40 C.F.R.

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§ 60.102a(f), by no later than December 31, 2014 at the East Side SRP and December 31, 2011 at the West Side SRP. 44. Compliance with NSPS at the West Side SRP.
a. As ofthe Date ofEntry, the West Side SRP shall continue to comply with the applicable provisions ofNSPS Subparts A and J except for S02 CEMS on the West Side incinerators, which shall be installed by December 31, 2010. As ofDecember 31, 2011, the West Side SRP shall comply with NSPS Subpart Ja. The West Side SRP shall continue to comply with 40 C.P.R.§ 60.104(a)(2) or 40 C.P.R.§ 60.102a(f), as applicable, at all times except during periods ofStartup, Shutdown, or Malfunction ofthe West Side SRP or during a Malfunction ofthe TGU. For purposes ofdetermining compliance with the emission limits of 40 C.P.R.§ 60.104(a)(2) or 40 C.P.R.§ 60.102a(f), as applicable, the "start-up/shutdown" provisions set forth in NSPS Subpart A shall apply. b. At all times, including periods ofStartup, Shutdown, and Malfunction, HOVENSA shall, to the extent practicable, operate and maintain the West Side SRP and TGU and any supplemental control devices, in accordance with good air pollution control practices as required in 40 C.P.R.§ 60.ll(d).
c. HOVENSA shall monitor all non-fugitive emission points (stacks) to the atmosphere from the West Side SRP for Tail Gas emissions and shall monitor and report excess emissions, as required by 40 C.P.R.§§ 60.7(c), 60.13, and 60.105(a)(5, 6 or 7) or 60.106a, as applicable. HOVENSA shall conduct emission monitoring with CEMS at all such emission points. The requirement for continuous monitoring is not applicable to: 

### i. The Acid Gas Flaring Device(s) used to flare Acid Gas and/or Sour Water Stripper Gas diverted from the SRPs,

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ii. The sulfur pit emissions prior to December 31, 2011. 45. Compliance with NSPS Emissions Limits at the East Side SRP.
a. By no later than December 31, 2014, HOVENSA shall install at the East Side SRP a second TGU to control the emissions ofsulfur compounds from the East Side SRP. By no later than December 31, 2011, HOVENSA shall submit to EPA and VIDPNR a compliance plan and schedule for the completion ofinstallation ofthe second East Side TGU. By April1, 2015, HOVENSA shall demonstrate compliance with NSPS Subparts A and Ja SRP requirements at the East Side SRP. b. HOVENSA shall also implement the following interim performance standards at the East Side SRP:
1. HOVENSA shall continue to maintain and operate a TRS/H2S CEMS for monitoring the emissions from Beavon #2 in accordance with 40 C.P.R. Part 63, Subpart UUU, Table 40 and shall comply during the interim period with the specific monitoring and reporting provisions established in Subparagraph 45.b.iii. ii. By no later than 180 Days after Date ofEntry, HOVENSA shall complete an optimization study the objective ofwhich is to minimize emissions of sulfur compounds and to maximize sulfur recovery efficiencies at the East Side SRP and shall submit a copy ofthat study to EPA. This study shall meet all ofthe requirements set forth in Paragraph 46. HOVENSA shall implement the recommendations ofthe study that could reasonably optimize the performance of the East Side SRP in accordance with the schedule proposed by HOVENSA.

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iii. By no later than twelve (12) months from Date ofEntry, HOVENSA shall submit a report to EPA that proposes either a pounds ofS02 per hour emission limit or a percent sulfur recovery standard as an interim performance standard when the TGU is being bypassed, appropriate monitoring and reporting requirements for the proposed interim performance standards and, if necessary, a schedule for implementing additional optimization study recommendations that would ensure that the East Side SRP complies with HOVENSA's proposed interim performance standard. Beginning with the date of such submission, HOVENSA shall comply with its proposed interim performance standard and, ifnecessary, implement its proposed schedule for additional optimization study recommendations.
IV. IfEPA determines, based on the results ofthe study and other available and relevant information, that more stringent interim performance standards and/or a different implementation schedule is appropriate and can be achieved with a reasonable certainty ofcompliance, EPA shall so notify HOVENSA. Unless HOVENSA disputes EPA's determination(s) within ninety (90) Days ofits receipt ofthat notice, it shall comply with such new standards within ninety (90) Days or, ifnecessary, such otherperiod as may be established by EPA consistent with any implementation schedule for additional optimization study recommendations proposed by HOVENSA. HOVENSA shall continue to comply with the interim performance standard until such time as HOVENSA completes installation ofthe new TGU in accordance with the schedule under



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Paragraph 45.a and operates the East Side SRP in compliance with NSPS Subpart Ja.
v. During the period oftime the interim performance standard in Subparagraph 45.b.iii or 45.b.iv are in effect, when Beavon #2 is not operating and Tail Gas is being vented to an incinerator, HOVENSA shall limit S02 emissions from the East Side SRP to a total of30 tons per day. When Beavon #2 is not operating, Tail Gas shall not be vented to the East Side SRP incinerator for
more than thirty (30) days (720 hours) per calendar year, with a maximum of 14 continuous days.
c. The interim performance standards established under this Paragraph terminate upon the date ofSubpart Ja applicability for the East Side SRP. 46. Optimization:
a. The optimization study required for the East Side SRP Claus trains shall meet the following requirements:
1. Detailed evaluation ofplant design and capacity, operating parameters and efficiencies- including catalytic activity and material balances; ii. An analysis ofthe composition oftheAcid Gas and Sour Water Stripper Gas resulting from the processing ofcrude slate actually used, orthe composition for a crude slate expected to be used; iii. A thorough review ofeach critical piece ofprocess equipment and instrumentation within the Claus train that is designed to correct deficiencies or problems that prevent the Claus train from achieving its optimal sulfur recovery efficiency and expanded periods ofoperation;

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iv. Establishment ofbaseline data through testing and measurement of key parameters throughout the Claus train;
v. Establishment ofa thermodynamic process model ofthe Claus train; vi. For any key parameters that have been determined to be at less than optimal levels, initiation oflogical, sequential, or stepwise changes designed to move such parameters toward their optimal values; vii. Verification through testing, analysis ofcontinuous emission monitoring data or other means ofincremental and cumulative improvements in sulfur recovery efficiency, ifany; viii. Establishment ofnew operating procedures for long term efficient operation; and ix. The study shall be conducted to optimize the performance ofthe Claus trains in light ofthe actual characteristics ofthe feeds to the East Side SRP. b. HOVENSA shall incorporate the results ofits optimization study into the PMO Plan required under Paragraph 48. 47. For the East Side SRP, which becomes an affected facility under NSPS Subpart Ja pursuant to Section V.l, entry ofthis Consent Decree and compliance with the relevant monitoring requirements ofthis Consent Decree shall satisfY the notice requirements of 40 C.F.R. § 60.7(a) and the initial performance test requirement of40 C.F.R. § 60.8(a). 48. Good Operation and Maintenance.
a. By no later than six (6) months after the Date ofEntry, HOVENSA shall submit to EPA and VIDPNR, a summary ofthe Refinery's 

### plan for enhanced maintenance and



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operation ofthe East Side SRP and the West Side SRP, the sulfuric acid plant, any supplemental control devices, and the appropriate Upstream Process Units, that has been or will be implemented. This plan shall be tenned a Preventative Maintenance Operation Plan ("PMO Plan"). The PMO Plan shall be a compilation ofHOVENSA's approaches for exercising good air pollution control practices and for minimizing TRS and S02 emissions. The PMO Plan will identify actions to promote the continuous operation ofits SRPs between scheduled maintenance turnarounds with minimization ofemissions, including the continued use ofsupplemental control devices, ifany. The PMO Plan shall include, but not be limited to, sulfur shedding procedures, Startup and Shutdown procedures, hot standby procedures, emergency procedures, and schedules to coordinate maintenance turnarounds ofthe SRP Claus trains and any supplemental control device, ifany, to coincide to the extent practicable with scheduled turnarounds ofmajor Upstream Process Units. The PMO Plan shall have as a goal the elimination ofAcid Gas Flaring. HOVENSA shall comply with the PMO Plan at all times, including periods ofStartup, Shutdown and Malfunction ofits SRPs. HOVENSA's changes to a PMO Plan related to minimizing Acid Gas Flaring and/or S02 emissions shall be summarized and reported to EPA and VIDPNR on an annual basis. This report may be included in the appropriate semi-annual report required under Paragraph 71. b. EPA and VIDPNR do not, by their review ofa PMO Plan and/or by their failure to comment on a PMO Plan, warrant or aver in any manner that any ofthe actions that HOVENSA may take pursuant to such PMO Plan will result in compliance with the provisions ofthe Clean Air Act or any another applicable federal, territorial, or local law or regulation. Notwithstanding EPA's or VIDPNR's review ofa PMO Plan, HOVENSA shall remain solely responsible for compliance with the Clean AirAct and such other laws and regulations.



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J. Flaring Devices- NSPS 

### Applicability. Summary: All Flaring Devices are identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja"). These Flaring Devices are or will be affected facilities (as that term is used in 40 C.F.R. Part 60, Subparts J/Ja) by the dates listed in Appendix D ("List of Flaring Devices Subject to NSPS Subparts J/Ja"). As required herein, such Flaring Devices shall be subject to and required to comply with the fuel gas combustion device requirements of 40 C.F.R. Part 60, Subparts A and J/Ja; they may also be used as emergency control devices for the quick and safe release ofgases generated as a result ofStartup, Shutdown, and/or Malfunction. 49. All Flaring Devices listed in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") are affected facilities under NSPS Subparts J/Ja. By the dates listed in Appendix D, all Flaring Devices listed in Appendix D shall comply with the requirements of NSPS Subpart Ja that apply to flares that are constructed, modified, orreconstructed after the effective dates ofMay 14, 2007 and June 24, 2008. 50. For Flaring Devices 2, 3, 5, 6, 7 and the FCCU Low Pressure Flaring Device, HOVENSA will design, install, operate and maintain flare gas recovery system(s) to control all continuous and intermittent, routinely-generated refinery fuel gases (not including pilot, sweep,
or molecular seal gases necessary to ensure safe operation ofthe Flaring Devices) that are combusted in the Flaring Device(s). 51. Monitoring. By no later than three (3) years from Date ofEntry, HOVENSA shall comply with the applicable monitoring requirements ofNSPS Subpart Ja for all Flaring Devices listed in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja").

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52. Compliance Certification for Flaring Devices. For each Flaring Device, HOVENSA will submit to EPA a compliance certification by thirty (30) Days following the dates listed in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") that the Flaring Devices comply with the emission standards and monitoring requirements ofSubparts J/Ja, and specify the compliance method for each Flaring Device. 53. Good Air Pollution Control Practices. On and after the Date ofEntry, HOVENSA shall at all times and to the extent practicable, including during periods ofStartup, Shutdown, and/or Malfunction, implement good air pollution control practices for minimizing emissions from the Flaring Devices identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja '')consistent with 40 C.F.R. 

### § 60.11(d). 54. Refinery Fuel Gases
a. Continuous or Intermittent, Routinely-Generated Refinery Fuel Gases. For continuous or intermittent, routinely-generated refinery fuel gases that are combusted in any Flaring Device identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja"), HOVENSA shall comply with 40 C.F.R. 

### § 60.102a(g)(l) by the dates listed in Appendix D. 

### b. Non-Routinely Generated Gases. The combustion ofgases generated as a result ofStartup, Shutdown, and/or Malfunction ofa refinery process unit or released to a Flaring Device as a result ofprocess upset orreliefvalve leakage or other emergency malfunction are exempt from the requirement to comply with 40 C.F.R. 

### § 60.102a(g)(l). 55. Compliance with Consent Decree Constitutes Compliance with Certain NSPS Subpart A Requirements. ForFlaring Devices subject to NSPS Subparts J/Ja (identified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja")) entry ofthis Consent

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Decree and compliance with the relevant monitoring requirements ofthis Consent Decree for Flaring Devices will satisfy the notice requirements of40 C.F.R. §60.7(a) and the initial performance test requirement of40 C.F.R. § 60.8(a). 56. Periodic Maintenance ofFlare Gas Recovery Systems. The Parties recognize that periodic maintenance may be required for properly designed and operated flare gas recovery systems. To the extent that HOVENSA may operate flare gas recovery systems, HOVENSA will take all reasonable measures to minimize emissions while such periodic maintenance is being performed. 57. Safe Operation ofRefining Processes. The Parties recognize that under certain conditions, a flare gas recovery system may need to be bypassed in the event ofan emergency or in order to ensure safe operation ofrefinery processes. Nothing in this Consent Decree precludes HOVENSA from temporarily bypassing a flare gas recovery system under such circumstances, provided that the measures to ensure safe operation are fully documented in the semi-annual report required pursuant to Part X (Reporting and Recordkeeping). 

### K. Control ofAcid Gas Flaring Incidents and Tail Gas Incidents. Summary: HOVENSA agrees to implement a program as set forth herein to investigate the cause offuture Acid Gas Flaring Incidents, to take reasonable steps to correct the conditions that have caused or contributed to such Acid Gas Flaring Incidents, and to minimize the flaring ofAcid Gas and Sour Water Stripper Gases. HOVENSA shall follow the procedures in this Section to evaluate Acid Gas/Sour Water Stripper Gas Flaring Incidents and Tail Gas Incidents occurring after the Date ofEntry and whether they are due to Malfunctions or whether they are subject to stipulated penalties. The investigative and evaluative procedures in this Section will be used to assess Tail Gas Incidents, as described in Paragraph 70, and whether they are due to

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Malfunctions or whether they are subject to stipulated penalties. The procedures set forth in this Section require root cause analysis and corrective action for Acid Gas/Sour Water Stripper Gas Flaring Incidents and/or Tail Gas Incidents. 58. Flaring Historv and Corrective Measures. HOVENSA has conducted a look-back analysis ofAcid Gas Flaring Incidents and Tail Gas Incidents that occurred from 1999 through 2005, and has submitted a report on such incidents to EPA. By Date ofEntry, HOVENSA shall submit a corrective action report identifying such interim and/or long-term corrective actions, and schedule for implementation, to minimize the likelihood ofa recurrence ofthe Root Cause of
a flaring event identified in the look-back analysis. 59. Acid Gas Flaring and Tail Gas Incidents. After the Date ofEntry, HOVENSA shall investigate the cause ofAcid Gas Flaring Incidents and Tail Gas Incidents under Paragraph 60 and take corrective action as set forth in Paragraph 61. HOVENSA shall continue to follow the investigation and corrective action procedure after termination ofthe Consent Decree or such other investigation and corrective action procedure that complies with Subpart Ja
or 40 C.F.R. §60.11(d), but the reporting and stipulated penalty provisions ofthis Section shall not apply after termination. 60. Investigation and Recordkeeping. No later than forty-five (45) Days following the end ofan Acid Gas Flaring Incident occurring after the Date ofEntry, HOVENSA shall conduct an investigation into the Root Cause(s) ofthe incident and record the findings ofthe investigations, in a report. The report for each incident shall include, at a minimum, the following:
a. The date and time that the Acid Gas Flaring Incident started and ended. To the extent that the Acid Gas Flaring Incident involved multiple releases either within a

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twenty-four (24) hour period or within subsequent, contiguous, non-overlapping twenty-four (24) hour periods, HOVENSA shall set forth the starting and ending dates and times ofeach release; b. An estimate ofthe quantity ofS02 that was emitted and the calculations that were used to determine that quantity;
c. The steps, ifany, that HOVENSA took to limit the duration and/or quantity ofS02 emissions associated with the Acid Gas Flaring Incident; d. A detailed analysis that sets forth the Root Cause and all significant contributing causes ofthat Acid Gas Flaring Incident, to the extent determinable;
e. An analysis ofthe measures, ifany, that are available to reduce the likelihood ofa recurrence ofan Acid Gas Flaring Incident resulting from the same Root Cause or significant contributing causes in the future. The analysis shall discuss all reasonable alternatives, ifany, that are available, the probable effectiveness and cost ofthe alternatives, and whether an outside consultant should be retained to assist in the analysis. Possible design, operation and maintenance changes shall be evaluated. IfHOVENSA concludes that corrective action(s) is (are) required under Paragraph 61, then the report ofthe Acid Gas Flaring Incident in the semi-annual report required by Paragraph 71 shall include a description ofthe action(s) and, ifnot already completed, a schedule for its (their) implementation, including proposed commencement and completion dates. IfHOVENSA concludes that corrective action is not required under Paragraph 61, the report shall explain the basis for that conclusion in that semiannual report; f. A statement that:
1. Specifically identifies each ofthe grounds for stipulated penalties in Paragraphs 63, 64, and 65 and describes whether the Acid Gas Flaring Incident

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falls under any ofthose grounds, provided, however, that HOVENSA may choose to submit with the Root Cause analysis a payment ofstipulated penalties in the nature ofsettlement without the need to specifically identify the grounds for the penalty. Such payment ofstipulated penalties shall not constitute an admission of liability, nor shall it raise any presumption whatsoever about the nature, existence
or strength ofHOVENSA's potential defenses; ii. Ifan Acid Gas Flaring Incident falls under Paragraph 65, describes which Subparagraph 65.a or 65.b applies and why; and
m. Ifan Acid Gas Flaring Incident falls under either Paragraph 64 or 65.b, states whether or not HOVENSA asserts a defense to the Acid Gas Flaring Incident, and ifso, a description ofthe defense; g. To the extent that investigations ofthe causes and/or possible corrective actions still are underway on the due date ofthe report required by this Paragraph, a statement of the anticipated date by which a follow-up report fully conforming to the requirements of Subparagraphs 60.d and 60.e shall be completed; provided, however, ifHOVENSA has not completed its report or a series ofreports containing the information required under this Paragraph within the forty-five (45) Day time period (or such additional time as EPA may allow) after the due date for the initial report for the Acid Gas Flaring Incident, the stipulated penalty provisions ofSection V.M shall apply, but HOVENSA shall retain the right to dispute, under the dispute resolution provisions ofPart XVI (Retention ofJurisdiction/Dispute Resolution), any demand for stipulated penalties that was issued as a result ofHOVENSA's failure to complete the report required under this Paragraph within the time frame set forth. Nothing in this Paragraph shall be deemed to excuse HOVENSA from its investigation, reporting, and corrective



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action obligations under this Section for any Acid Gas Flaring Incident which occurs after an Acid Gas Flaring Incident for which HOVENSA has requested an extension oftime under this Subparagraph; and h. To the extent that completion ofthe implementation ofcorrective action(s), ifany, is not finalized at the time ofthe completion ofthe report for the Acid Gas Flaring Incident required under this Paragraph, then, by no later than thirty (30) Days after completion ofthe implementation ofcorrective action(s), HOVENSA shall supplement the report to identify the corrective action(s) taken and the dates ofcommencement and completion ofimplementation. 61. Corrective Action.
a. In response to any Acid Gas Flaring Incident occurring after the Date of Entry, HOVENSA shall take, as expeditiously as practicable, such interim and/or long-term corrective actions, ifany, as are consistent with good engineering practice to minimize the likelihood ofa recurrence ofthe Root Cause and all significant contributing causes ofthat Acid Gas Flaring Incident. b. EPA does not, by its agreement to the entry ofthis Consent Decree or by its failure to object to any corrective action that HOVENSA may take in the future, warrant or
aver in any manner that any ofHOVENSA's corrective actions in the future will result in compliance with the provisions ofthe Clean Air Act or its implementing regulations. Notwithstanding EPA's review ofany plans, reports, corrective actions orprocedures under this Section, HOVENSA shall remain solely responsible for non-compliance with the Clean Air Act and its implementing regulations. Nothing in this Paragraph shall be construed as a waiver of



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EPA's rights under the Clean Air Act and its regulations for future violations ofthe Act or its regulations.
c. After a review ofany report required by Paragraph 60 and submitted as required by Paragraph 71, EPA shall notify HOVENSA in writing of(l} any deficiencies in the corrective actions listed in the findings and/or (2) any objections to the schedules of implementation ofthe corrective actions and explain the basis for EPA's objections. HOVENSA will implement an alternative orrevised corrective action or implementation schedule based on EPA's comments. Ifa corrective action that EPA has identified as deficient has already commenced or is already completed, then HOVENSA is not obligated to implement corrective action identified by EPA for that Acid Gas Flaring Incident provided that HOVENSA completes the corrective action that it has identified and commenced. Forpurposes ofthis Subparagraph, "commenced" means HOVENSA has (i) commenced actual physical construction on the corrective action, or (ii) completed the engineering design for the corrective action and has purchased or entered into a binding contractual obligation (with adverse consequences from its breach) to purchase equipment necessary to implement the corrective action. However, HOVENSA will be put on notice that such corrective action is deficient and not acceptable for remedying any subsequent, similar Root Cause(s) ofany Acid Gas Flaring Incident. IfEPA and HOVENSA cannot agree on the appropriate corrective action(s) or implementation schedule(s}, ifany, to be taken in response to a Root Cause, either party may invoke the Dispute Resolution provisions ofPart XVI (Retention ofJurisdiction/Dispute Resolution). d. Nothing in this Section shall be construed to limit the right ofHOVENSA to take such corrective actions as it deems necessary and appropriate immediately following an



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Acid Gas Flaring Incident or in the period during preparation and review ofany reports required under this Paragraph. 62. Stipulated Penalties for Acid Gas Flaring Incidents. The provisions ofParagraphs 63 through 66 are to be used by EPA in assessing stipulated penalties for each Acid Gas Flaring Incident occurring after the Date ofEntry and by the United States in demanding stipulated penalties under this Section. The provisions ofParagraphs 63 through 66 do not apply to Hydrocarbon Flaring Incidents. 63. The stipulated penalty provisions ofthis Paragraph through Paragraph 66 shall apply to each Acid Gas Flaring Incident for which the Root Cause was one or more or the following acts, omissions, or events:
a. Error resulting from careless operation by the personnel charged with the responsibility for a Sulfur Recovery Plant, TGU, or Upstream Process Unit; b. Failure to follow written procedures; or
c. A failure ofequipment that is due to a failure by HOVENSA to operate and maintain that equipment in a manner consistent with good engineering practice. d. For Root Causes previously identified pursuant to Paragraph 58 that EPA agrees caused Malfunctions, unless the Acid Gas Flaring Incident had as its Root Cause the
recurrence ofa Root Cause for which HOVENSA had previously developed, or was in the process ofdeveloping, a corrective action plan and for which HOVENSA had not yet completed implementation. 64. Ifthe Acid Gas Flaring Incident is not a result ofone ofthe Root Causes identified in Paragraph 63, then the stipulated penalty provisions ofParagraph 73 shall apply if the Acid Gas Flaring Incident:

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a. Results in emissions ofS02 at a rate greater than twenty (20.0) pounds per hour continuously for three (3) consecutive hours or more and HOVENSA failed to act in accordance with its PMO Plan and/or to take any action during the Acid Gas Flaring Incident to limit the duration and/or quantity ofS02 emissions associated with such incident; or b. Causes the total number ofAcid Gas Flaring Incidents in a rolling twelve (12) month period to exceed five (5). 65. With respect to any Acid Gas Flaring Incident not falling under the provisions of either Paragraph 63 or 64, the following provisions shall apply:
a. First Time: Ifthe Root Cause ofthe Acid Gas Flaring Incident was not a
recurrence ofthe same Root Cause that resulted in a previous Acid Gas Flaring Incident that occurred since the Date ofEntry, then: i. Ifthe Root Cause ofthe Acid Gas Flaring Incident was sudden, infrequent, and not reasonably preventable through the exercise ofgood engineering practice, then that cause shall be designated as an agreed-upon Malfunction for purposes ofreviewing subsequent Acid Gas Flaring Incidents and the stipulated penalty provisions ofParagraph 73 shall not apply. ii. Ifthe Root Cause ofthe Acid Gas Flaring Incident was sudden and infrequent, and was reasonably preventable through the exercise ofgood engineering practice, then HOVENSA shall implement corrective action(s) pursuant to Paragraph 61, and the stipulated penalty provisions ofParagraph 73 shall not apply.



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b. Recurrence: Ifthe Root Cause is a recurrence ofthe same Root Cause that resulted in a previous Acid Gas Flaring Incident that occurred since the Date ofEntry, then HOVENSA shall be liable for stipulated penalties under Paragraph 73 unless:
1. The AG Flaring Incident resulted from a Malfunction; or ii. The Root Cause previously was designated as an agreed-upon Malfunction under Subparagraph 65.a.i; or iii. The Acid Gas Flaring Incident had as its Root Cause the
recurrence ofa Root Cause for which HOVENSA had previously developed, or
was in the process ofdeveloping, a corrective action plan and for which HOVENSA had not yet completed implementation. 66. Defenses. HOVENSA may raise the following affirmative defenses in response to a demand by the United States for stipulated penalties:


### a. Force Majeure b. Malfunction 67. In the event a dispute under Paragraphs 62 through 66 is brought to the Court pursuant to the dispute resolution provisions ofPart XVI (Retention ofJurisdiction/Dispute Resolution), HOVENSA may also assert a Startup, Shutdown, and/or Malfunction defense (including for an individual SRP), but the United States shall be entitled to assert that such defenses are not available. lfHOVENSA prevails in persuading the Court that the defenses of Startup, Shutdown, and/or Malfunction are available for Acid Gas Flaring Incidents under 40 C.P.R.§ 60.104(a)(l), then HOVENSA shall not be liable for stipulated penalties for emissions resulting from such Startup, Shutdown, and/or Malfunction. Ifthe United States

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prevails in persuading the Court that the defenses ofStartup, Shutdown, and/or Malfunction are not available or applicable, then HOVENSA shall be liable for such stipulated penalties. 68. Other than for a Malfunction or Force Majeure, ifno Acid Gas Flaring Incident
occurs for a rolling 36-month period, then the stipulated penalty provisions ofParagraph 73 shall
no longer apply. EPA may elect to reinstate the stipulated penalty provision ifthe Refinery has
an Acid Gas Flaring Incident which would otherwise be subject to stipulated penalties. EPA's decision shall not be subject to dispute resolution. Once reinstated, the stipulated penalty provision shall thereafter apply to future Acid Gas Flaring Incidents and continue for the remaining life ofthis Consent Decree. 69. Emission Calculations.
a. Calculation ofthe Quantity ofS01Emissions Resulting from Acid Gas Flaring. For purposes ofthis Consent Decree, the quantity ofSOz emissions resulting from an AG Flaring Incident shall be calculated by the following formula: Tons ofS02 

### = [FR][TD][ConcH2S][8.44 x 105]. The quantity ofS02 emitted shall be rounded to one decimal point. (Thus, for example, for a calculation that results in a number equal to 10.050 tons, the quantity ofS02 emitted shall be rounded to 10.1 tons.) For purposes ofdetermining the occurrence of, orthe total quantity of S02 emissions resulting from, an Acid Gas Flaring Incident that is comprised ofintermittent Acid Gas Flaring, the quantity ofS02 emitted shall be equal to the sum ofthe quantities ofSOz emitted during each 24-hour period starting when the Acid Gas was first flared. b. Calculation ofthe Rate ofSOz Emissions During Acid Gas Flaring. For purposes ofthis Consent Decree, the rate ofS02 emissions resulting from an Acid Gas Flaring

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Incident shall be expressed in terms ofpounds per hour and shall be calculated by the following formula: ER 

### = [FR][ConcH2 S][0.169]. The emission rate shall be rounded to one decimal point. (Thus, for example, for a calculation that results in an emission rate of 19.95 pounds ofS02 per hour, the emission rate shall be rounded to 20.0 pounds ofS02per hour; for a calculation that results in an emission rate of 20.05 pounds ofso2 per hour, the emission rate shall be rounded to 20.1.)
c. Meaning ofVariables and Derivation ofMultipliers Used in the Equations in this Paragraph: ER FR
TD

8.44 x 

### to-5
0.169 Emission Rate in pounds ofS02 per hour Average Flow Rate to AG Flaring Device(s) during AG Flaring Incident in standard cubic feet per hour Total Duration ofAG Flaring Incident in hours Average Concentration ofHydrogen Sulfide in gas during AG Flaring Incident (or immediately prior to AG Flaring Incident ifall gas is being flared) expressed as a volume fraction (scfH2S/scfgas) [lb mole H2S/379 scfH2 S][64 lbs S02/lb mole H2 S][Ton/2000 lbs] [lb mole H2 S/379 scfH2 S][l.O lb mole S02/l lb mole H2S][64 lb S02/l.O lb mole S02]
The flow ofgas to the Acid Gas Flaring Device(s) ("FR") shall be as measured by the relevant flow meter or reliable flow estimation parameters. Hydrogen sulfide concentration ("ConcH2 S") shall be determined from the Sulfur Recovery Plant feed gas analyzer, from knowledge ofthe sulfur content ofthe process gas being flared, by direct measurement by Draeger type tube analysis, or by any other method approved by EPA orthe VIDPNR. In the event that any of

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 56 of 159

these data points is unavailable or inaccurate, the missing data point(s) shall be estimated according to best engineeringjudgment. The report required to be prepared under this Paragraph shall include the data used in the calculation and an explanation ofthe basis for any estimates of missing data points. 70. Tail Gas Incidents.
a. Investigation, Reporting, Corrective Action, and Stipulated Penalties. For Tail Gas Incidents, HOVENSA shall follow the same investigative, reporting, corrective action, and assessment ofstipulated penalty procedures as those set forth in Paragraphs 60 through 68 for Acid Gas Flaring Incidents. Those procedures shall be applied to TGU shutdowns, bypasses ofa TGU, or other events which result in a Tail Gas Incident, including scheduled and unscheduled Shutdowns ofa Claus Sulfur Recovery Plant. Until the date for installation ofa second TGU for the East SRP, this Paragraph shall not apply to Tail Gas Incidents involving combustion ofTail Gas during periods ofplanned routine maintenance on Beavon #2, including Startup and Shutdown ofBeavon #2 for such routine maintenance, provided that HOVENSA is complying with the Beavon # 2 interim performance standards established pursuant to Subparagraph 45.b.iii, 45.b.iv, or 45.b.v. HOVENSA shall continue to follow the Tail Gas Incident investigation and corrective action procedure aftertermination ofthe Consent Decree, but the reporting and stipulated penalty provisions ofthis Section shall not apply after termination. b. Calculation ofthe Quantity ofS06 Emissions Resulting from a Tail Gas Incident. For the purposes ofthis Consent Decree, the quantity ofS02 emissions resulting from
a Tail Gas Incident shall be calculated by one ofthe following methods, based on the type of event:



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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 57 of 159

ERTGI Where: i. IfTail Gas is combusted in an SRP incinerator, the S02 emissions
are calculated using the methods outlined in Paragraph 69;
or ii. IfTail Gas exceeding the 250 ppmvd S02 is emitted from a monitored SRP incinerator, then the following formula applies: TDTGI 

### I [ FRinc.li [Cone. so2 -250]i [0.169 X 

### 10"6]i [(20.9-% 02)120.9]i 

### i = 1
ERTGI
TDTGI

FR1nc.

Cone. S02

0.169 X 

### 10"6 Emissions from Tail Gas atthe SRP incinerator, S02 lb 24 hour period Total Duration (number ofhours) when the incinerator CEMS exceeded 250 ppmvd S02corrected to 0% 02 on a rolling twelve hour average, in each 24 hour period ofthe Incident Each hourly average Incinerator Exhaust Gas Flow Rate (standard cubic feet per hour, dry basis) (actual stack monitor data or engineering estimate based on the acid gas feed rate to the SRP) for each hour ofthe Incident Each actual 12 hour rolling average S02 concentration (CEMS data) that is greater than 250 ppm in the incinerator exhaust gas, ppmvd corrected to 0% 02, for each hour of the Incident. 0 2concentration (CEMS data) in the incinerator exhaust gas in volume % on dry basis for each hour ofthe Incident [lb mole ofS02 

### I 379 S02] [64lbs S02 

### I lb mole S02] 

### [1 X 

### 10·6 ]
Standard conditions= 68 degree F; 14.7lbrorcelsq.in. absolute

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### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 58 of 159

In the event the concentration S02data point is inaccurate or not available or a flow meter for PRine does not exist or is inoperable, then estimates will be used based on best engineering judgment. 71. Semi-Annual Reporting. Within thirty (30) Days after the end ofthe first semiannual period after the Date ofEntry, and semi-annually on each subsequent January 31 and July 31 thereafter, HOVENSA shall submit a semi-annual report that includes copies ofeach and every report ofall Acid Gas Flaring Incidents and Tail Gas Incidents, as required in Paragraph 60, that HOVENSA was required to prepare during the previous six-month period (e.g., July to December). Each semi-annual report shall also include a summary ofthe incidents including the following:
a. Date; b. Summary ofRoot Cause(s);
c. Duration; d. Amount ofS02 released;
e. Any associated penalties for each incident; f. Corrective Action completed; and g. A list ofall Acid Gas Flaring Incidents and Tail Gas Incidents for which corrective actions are still outstanding. Such semi-annual report shall also include a summary analysis ofany trends identified by HOVENSA in the number, Root Cause, types ofcorrective action, or other relevant information regarding Acid Gas and Tail Gas Incidents during the previous six-month period. HOVENSA shall submit the semi-annual Flaring Incident(s) reports as part ofthe semi-annual progress reports required pursuant to Part X (Reporting and Recordkeeping).



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L. Control ofHydrocarbon Flaring Incidents. 72. For Hydrocarbon Flaring Incidents occurring after the Date ofEntry, HOVENSA shall follow the same investigative, reporting, and corrective action procedures as those set forth in Paragraphs 60 and 61 for Acid Gas Flaring Incidents; provided however, that in lieu of ,_**~-·** analyzing possible corrective actions under Paragraph 61 and taking interim and/or long-term corrective action under Paragraph 61 for a Hydrocarbon Flaring Incident attributable to the Startup or Shutdown ofa unit that HOVENSA has previously analyzed under this Paragraph, HOVENSA may identify such prior analysis when submitting the report required under this Paragraph. HOVENSA shall submit the Hydrocarbon Flaring lncident(s) reports as part ofthe semi-annual progress reports required pursuant to Part X (Reporting and Recordkeeping). 

### M. Stipulated Penalties Under This Section. 73. Nothing in this Section shall be understood to subject HOVENSA to stipulated penalties for Hydrocarbon Flaring Incidents under Paragraph 72. HOVENSA shall be liable for the following stipulated penalties for violations ofthe requirements ofSection V.K. For each violation, the amounts identified below apply on the first day ofviolation, and are calculated for each incremental period ofviolation (or portion thereof):
a. Acid Gas Flaring Incidents for which HOVENSA is liable under this Section.



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Tons ofS02 Emitted Length ofTime from Length ofTime from Length ofTime from in Acid Gas Flaring Commencement of Commencement of Commencement of Incident Flaring within the Flaring within the Flaring within the Acid Gas Flaring Acid Gas Flaring Acid Gas Flaring Incident to Incident to Incident to Termination of Termination of Termination of Flaring within the Flaring within the Flaring within the Acid Gas Flaring Acid Gas Flaring Acid Gas Flaring Incident is 3 hours or Incident is greater Incident is greater less than 3 hours but less than 24 hours than or equal to 24 hours 5 Tons or Less $500 per ton $750 per ton $1000 per ton Greater than 5 tons, $1,200 per ton $1,800 per ton $2,300 per ton, up to, but less than or equal but not exceeding, to 15 tons $32,500 in any one calendar day Greater than 15 tons $1,800 per ton, up to, $2,300 per ton, up to, $32,500 in any one but not exceeding, but not exceeding, calendar day $32,500 in any one $32,500 in any one calendar day calendar day i. For purposes ofcalculating stipulated penalties pursuant to this Subparagraph, only one cell within the matrix shall apply. Thus, for example, for
an Acid Gas Flaring Incident in which the Acid Gas Flaring starts at 1:00 p.m. and ends at 3:00p.m., and for which 14.5 tons ofS02 are emitted, the penalty would be $17,400 (14.5 x $1,200); the penalty would not be $13,900 [(5 x $500) 

### + (9.5 X $1200)]. ii. For purposes ofdetermining which column in the table set forth in this Subparagraph applies under circumstances in which Acid Gas Flaring occurs intermittently during an Acid Gas Flaring Incident, the Acid Gas Flaring shall be deemed to commence at the time that the Acid Gas Flaring that triggers the initiation ofan Acid Gas Flaring Incident commences, and shall be deemed to terminate at the time ofthe termination ofthe last episode ofAcid Gas Flaring



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within the Acid Gas Flaring Incident. Thus, for example, for Acid Gas Flaring within an Acid Gas Flaring Incident that (i) starts at 1:00 p.m. on Day 1 and ends at 1:30 p.m. on Day 1; (ii) recommences at 4:00 p.m. on Day 1 and ends at 4:30p.m. on Day 1; (iii) recommences at 1:00 a.m. on Day 2 and ends at 1:30
a.m. on Day 2; and (iv) no further Acid Gas Flaring occurs within the Acid Gas Flaring Incident, the AG Flaring within the AG Flaring Incident shall be deemed to last 12.5 hours- not 1.5 hours- and the column for Acid Gas Flaring of "greaterthan 3 hours but less than or equal to 24 hours" shall apply. b. For failure to timely complete or submit any report required by Section V.K , or for completing or submitting any report that does not conform substantially to its requirements: Period ofNon-Compliance Days 1-30 Days 31-60 Over 60 days Penalty per day $750 $1,500 $3,000
c. Forthose corrective action(s) which HOVENSA (i) agrees to undertake following receipt ofan objection by EPA pursuant to Paragraph 61; or (ii) is required to undertake following dispute resolution, then, from the date ofEPA's receipt ofHOVENSA's semi-annual report under Paragraph 71 until the date that either: (i) a final agreement is reached between EPA and HOVENSA regarding the corrective action; or (ii) a court order regarding the corrective action is entered, HOVENSA shall be liable for stipulated penalties as follows: Period ofNon-Compliance Days 1-120 Days 121-180 Days 181

- 365 Over 365 days
or

-57- Penalty per day $50 $100 $300 $3,000

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 62 of 159

1.2 times the economic benefit resulting from HOVENSA's failure to implement the corrective action(s). d. For failure to complete any corrective action under Paragraph 61 in accordance with the schedule for such corrective action agreed to by HOVENSA or imposed on HOVENSA pursuant to the dispute resolution provisions ofthis Consent Decree (with any such extensions thereto as to which EPA and HOVENSA may agree in writing): Period ofNon-Compliance Days 1-30 Days 31-60 Over60 days N. Certification. Penalty per day $1,000 $2,000 $5,000

74. All notices, reports, or any other submissions required ofHOVENSA by Sections V.K and V.L shall contain the following certification: 

### "I certify under penalty oflaw that this information was prepared under my direction or supervision by personnel qualified to properly gather and evaluate the information submitted. Based on my directions and after reasonable inquiry of the person(s) directly responsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate and complete." 75. Except as otherwise provided herein, the reporting requirements set forth in Sections V.K and V.L do not relieve HOVENSA ofits obligation to territorial authority or EPA to submit any other reports or information required by the CAA, or by any otherterritorial, federal or local requirements. 

### 0. CERCLAIEPCRA. 76. To the extent that, during the course ofHOVENSA's development ofthe Root Cause failure analysis required by Sections V.K and V.L, HOVENSA discovers information demonstrating a failure to comply with the reporting requirements for continuous releases ofS02



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pursuant to Section 1 03(c) ofCERCLA and/or Section 304 ofEPCRA, including the regulations promulgated thereunder, a voluntary disclosure by HOVENSA ofany such violations will not be deemed "untimely" under EPA's Audit Policy, solely on the ground that it is submitted more than twenty-one (21) Days after it is discovered, provided all such disclosures are made by no later than the date specified in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") for compliance ofthe relevant Flaring Device with NSPS Subpart Ja. 

### P. Benzene Waste NESHAP Program. Summary: In addition to continuing to comply with all applicable requirements of 40 C.F.R. Part 61, Subpart FF ("Benzene Waste NESHAP" or "Subpart FF"), HOVENSA agrees to undertake the measures set forth in Section V.P to ensure continuing compliance with Subpart FF and to minimize or eliminate fugitive benzene waste emissions at the HOVENSA Refinery. 77. Current Subpart FF Status. HOVENSA has determined that the Refinery has a TAB ofgreaterthan 10 Mglyr. The Refinery shall continue to comply with the compliance option set forth in 40 C.F.R. 

### § 61.342(c) (hereinafter referred to as the "2 Mg Compliance Option"). 78. Refinery Compliance Status Changes. On and after the Date ofLodging, HOVENSA shall only be allowed to change its compliance option to the 6 BQ Compliance Option set forth at 40 C.F.R. 

### § 61.342(e). 79. One-Time Review and Verification ofthe Refinery's TAB and Compliance with the Benzene Waste NESHAP.
a. Phase One ofthe Review and Verification Process. Within one (1) year of the Date ofLodging, HOVENSA shall complete a review and verification ofthe Refinery TAB



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and its compliance with the Benzene Waste NESHAP (Phase One Review and Verification). HOVENSA's review and verification process shall include, but not be limited to:
1. An identification ofeach waste stream that is required to be included in the Refinery's TAB where these waste streams meet the definition of
a waste under 40 C.F.R. 

### § 61.341 (e.g., slop oil, tank water draws, spent caustic, spent caustic hydrocarbon layer, desalter rag layer dumps, desalter vessel process sampling points, other sample wastes, maintenance wastes, and turnaround wastes); ii. A review and identification ofthe calculations and/or measurements used to determine the flows ofeach waste stream for the purpose ofensuring the accuracy ofthe annual waste quantity for each waste stream;
m. 

### An identification ofthe benzene concentration in each waste stream, including sampling for benzene concentration at no less than 10 waste streams consistent with the requirements of40 C.F.R. 

### § 61.355(c)(1) and (3); provided however, that previous analytical data or documented knowledge of waste streams may be used, 40 C.F.R. 

### § 61.355(c)(2), for streams not sampled; iv. An identification ofany existing noncompliance with the requirements ofSubpart FF. By no later than sixty (60) Days following the completion ofPhase One Review and Verification, HOVENSA shall submit a Benzene Waste NESHAP Compliance Review and Verification report ("BWON Compliance Review and Verification Report") that sets forth and certifies the results ofPhase One, including but not limited to the items identified in Subparagraphs (i) through (iv) ofthis Paragraph.

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b. Phase Two ofthe Review and Verification Process. Based on EPA's review ofthe BWON Compliance Review and Verification Report(s), EPA may select up to 20 additional waste streams at HOVENSA for sampling for benzene concentration. HOVENSA shall conduct the required sampling under representative conditions and submit the results to EPA within sixty (60) Days ofreceipt ofEPA's request. HOVENSA shall use the results ofthis additional sampling to recalculate the TAB and the uncontrolled benzene quantity and to amend the BWON Compliance Review and Verification Report, as needed. To the extent that EPA requires HOVENSA tore-sample any waste stream sampled by HOVENSA on or after January 1, 2007, HOVENSA may average the results ofsuch sampling events. HOVENSA shall submit an amended BWON Compliance Review and Verification Report within ninety (90) Days following the date ofthe submittal ofthe required Phase Two sampling report, ifPhase Two sampling is required by EPA. 80. Implementation ofActions Necessary to Correct Non-Compliance orto Come Into Compliance.
a. Amended TAB Reports. lfthe results ofthe BWON Compliance Review and Verification Report(s) indicate(s) that the reports submitted by HOVENSA pursuant to 40 C.F

### .R. § 61.357(c) have not been filed or are inaccurate and/or do not satisfY the requirements ofSubpartFF, HOVENSA shall submit, by no later than sixty (60) Days after completion ofthe BWON Compliance Review and Verification Report(s), an amended TAB report for the last year to EPA and the VIDPNR. b. Submittal ofCompliance Plan. lfthe results ofthe BWON Compliance Review and Verification Report identifY any compliance issues, HOVENSA shall submit to EPA and the VIDPNR by no later than 180 Days after completion ofthe BWON Compliance Review

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and Verification Report, a plan that identifies with specificity a schedule that HOVENSA will implement to ensure that the Refinery complies with the 2 Mg Compliance Option, as soon as practicable.
c. Review and Approval ofPlans Submitted Pursuant to Subparagraph 80.b. Any plan submitted pursuant to Subparagraph 80.b, shall be subject to approval, disapproval or modification by EPA. Within sixty (60) Days after receiving any notification ofdisapproval or request for modification from EPA, HOVENSA shall submit to EPA and the VIDPNR a revised plan that responds to all identified deficiencies. Upon receipt ofapproval or approval with conditions, or ifno approval, disapproval, or approval with conditions is provided by EPA, HOVENSA shall implement the plan according to the schedule provided in the plan. Disputes arising under this Subparagraph shall be resolved in accordance with the dispute resolution provisions ofPart XVI (Retention ofJurisdiction/Dispute Resolution). d. Certification ofCompliance with the 2 Mg Compliance Option. By no later than thirty (30) Days after completion ofthe implementation ofall actions, ifany, required pursuant to Subparagraphs 80.b or 80.c to come into compliance with the 2 Mg Compliance Option, HOVENSA shall submit a report to EPA and the VIDPNR certifying that the Refinery complies with the Benzene Waste NESHAP. 81. Carbon Canisters and Individual Drain System Vents. As ofthe Date ofLodging, :_, HOVENSA shall continue to operate the three-tier system for control ofvents associated with the Subpart FF wastewater collection system. Vent controls are identified as either Type I (a single flow indicator "breather valve"), Type II ("breather valve" connected to a single carbon canister), or Type III (dual carbon canisters). All closed vent piping associated with these vent

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.. ' 

### control systems will be monitored in accordance with the provisions associated with 40 C.F.R. § 

### 61.349. HOVENSA shall comply with the following:
a. All Type I vents with flow indicators (40 C.P.R. § 

### 61.346(b)) shall be visually inspected for flow on a daily schedule. Flow shall be indicated ifthe flow indicator on the breather valve has lifted. Any "breather valve" detennined to relieve six or more times in any consecutive two-month period will be converted to a Type II 

### control system. Installation of the carbon canister required by conversion to the Type II 

### control shall be completed within two weeks. Daily visual inspection ofthe Type I control system will continue until conversion to a Type II 

### control is completed. b. All Type II 

### vent control systems ("breather valve" connected to a single carbon canister) shall be visually inspected on a daily schedule.
1. 

### Ifthe "breather valve" is detennined not to have relieved, no additional monitoring is required. Secondly, ifthe "breathervalve" is visually inspected and determined to have relieved, then the discharge opening ofthe carbon canister will 

### be immediately monitored for benzene. Ifbenzene concentration ofcarbon canister discharge is detennined to be less than 5 ppm, no additional actions are required. Ifthe benzene concentration ofthe carbon canister discharge is determined to be equal to or greater than 5 ppm, the carbon canister will be replaced by the end ofthe next Day. ii. For any Type II 

### vent control system, ifcarbon canister replacement is required two or more times in any four consecutive week period the control system will be converted to a Type III 

### system. Installation ofthe dual carbon canister system required by conversion to the Type III 

### control shall be completed

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within two weeks. Daily inspection and monitoring (ifrequired) ofthe Type II control system will continue until conversion to a Type III control is completed.
c. All Type III vent control systems will be operated in the manner described in Subparagraphs c.i. through c.vii. i. Except as expressly permitted under Subparagraph c.v, HOVENSA shall not use single carbon canisters for any new process units or installations that require controls pursuant to the Benzene Waste NESHAP. ii. For dual carbon canister systems, "breakthrough" between the primary and secondary canister is defined as any reading equal to or greater than 5 ppm benzene. iii. HOVENSA shall monitor for breakthrough between the primary and secondary carbon canisters in accordance with the frequency specified in 40 

### C.P.R.§ 61.354(d), or monthly, whichever is more frequent. This requirement shall commence within seven (7) Days after installation ofa new, dual carbon canister system. tv. HOVENSA shall replace the original primary carbon canisters immediately when breakthrough is detected between the primary and secondary canister. The original secondary carbon canister will become the new primary carbon canister and a fresh carbon canister will become the secondary canister, or both canisters may be replaced. For purposes ofthis Subparagraph, "immediately" shall mean by the end ofthe next calendar Day.
v. Temporary Applications. HOVENSA may utilize properly sized single canisters for short-term operations such as with temporary storage tanks or

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as temporary control devices. For canisters operated as part ofa single canister system, breakthrough is defined for purposes ofthis Consent Decree as any reading ofbenzene above 5 ppm. HOVENSA shall monitor for breakthrough from single carbon canisters each calendar day. HOVENSA shall replace the single carbon canister with a fresh carbon canister, discontinue flow, or route the stream to an alternate, appropriate device immediately when breakthrough is detected. For this Subparagraph, "immediately" shall mean by the end ofthe next Day. IfHOVENSA discontinues flow to the single carbon canister orroutes the stream to an alternate, appropriate control device, such canister must be replaced before it is returned to service. vi. HOVENSA shall maintain a readily available supply offresh carbon canisters at all times or otherwise ensure that such canisters are readily available to implement the requirements ofthis Paragraph. vii. HOVENSA shall maintain records associated with the requirements ofthis Paragraph in accordance with or as under 40 C.F.R. 

### § 61.3560)(1 0), including the monitoring readings observed and the constituents being monitored. 82. Laboratory Audits. All laboratories that perfonn analyses ofHOVENSA's Benzene Waste NESHAP samples shall be audited to ensure that proper analytical and quality assurance/quality control procedures are followed for such samples. For purposes ofthis Paragraph, audits can include audits conducted by parties other than HOVENSA.
a. Priorto conducting its Phase One Review and Verification process set forth in Paragraph 79.a, audits shall be completed ofall laboratories used to perfonn analyses of

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benzene waste NESHAP samples to ensure that proper analytical and quality assurance/quality control procedures are followed. In addition, an audit shall be conducted ofany laboratory used for analyses ofbenzene samples prior to such use. 

### b. Subsequent laboratory audits shall be conducted for each laboratory continuing to perform analyses ofHOVENSA's Benzene Waste NESHAP samples, such that each laboratory is audited every two (2) years for the life ofthe Consent Decree. 83. Annual Program. Afterthe Date ofLodging, HOVENSA shall continue to use its written management ofchange procedures to review process information and construction projects, to ensure that all new benzene waste streams are included in HOVENSA's waste stream inventory. 84. Training. HOVENSA shall implement the following training program at the Refinery:
a. Within ninety (90) Days from the Date ofLodging or from the installation ofany new benzene control equipment, HOVENSA shall complete the development ofstandard operating procedures for all control equipment used to comply with the Benzene Waste NESHAP. b. Within nine (9) months from the Date ofEntry, HOVENSA shall develop the BWON training program pursuant to the criteria in Appendix E ("HOVENSA'S LDAR and BWON Training Program Summary") and submit it to EPA;
c. Within twelve (12) months from the Date ofEntry, HOVENSA shall provide an annual (i.e., once each calendar year) training program for employees (which shall include contract employees for purposes ofthis Paragraph) asked to draw benzene waste samples



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as specified in 40 C.F.R. § 61.355. Such employees shall be trained prior to collecting samples and receive training annually. d. All employees assigned to operate control equipment shall complete an initial training program on procedures specified in Subparagraph 84.a. This training shall be provided within twenty-four (24) months from Date ofEntry and "refresher'' training shall be performed every three (3) years thereafter, until termination ofthis Decree.
e. Training comparable to that specified in Subparagraph 84.d. shall also be provided to any persons who subsequently become operators, prior to their assumption ofthis duty orthe installation ofthe equipment. f. As part ofHOVENSA'straining programs, HOVENSA must require any contractor hired to operate benzene control equipment or perform benzene sampling to receive the training required by this Paragraph and HOVENSA shall maintain records ofsuch training. 85. Waste/Slop/Off-Spec Oil Management.
a. Control Status ofand Plan to Quantify Uncontrolled Waste/Slop/Off-Spec Oil Streams. Within one (1) year from the Date ofLodging, HOVENSA shall submit to EPA and the VIDPNR a plan for quantifying waste/slop/off-spec oil movements for all benzene waste streams which are not controlled at the Refinery, along with schematics that: (i) depict the waste management units (including sewers) that handle, store, and transfer waste/slop/off-spec oil streams; (ii) identify the control status ofeach waste management unit; and (iii) show how such oil is transferred. Representatives from HOVENSA and EPA thereafter may confer about the appropriate characterization ofthe waste/slop/off-spec oil streams as benzene waste streams and the necessary controls, ifany, for the waste management units handling such oil streams for

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purposes ofthe Refinery's TAB calculation and/or compliance with the 2 Mg Compliance Option. Ifrequested by EPA, HOVENSA shall promptly submit revised schematics that reflect the Parties' agreements regarding the characterization ofthese oil streams and the appropriate control standards. HOVENSA shall use these plans and schematics in preparing the end-of-line sampling plans required under Paragraph 87. b. Non-Aqueous Benzene Waste Streams. On and after the Date ofLodging, all waste management units handling non-exempt, non-aqueous benzene wastes, as defined in Subpart FF, shall meet the applicable control standards ofSubpart FF.
c. Aqueous Benzene Waste Streams. For purposes ofcalculating the TAB pursuant to the requirements of40 C.F.R. 

### § 61.342(a), HOVENSA shall include all waste/slop/off-spec oil streams that become "aqueous" until such streams are recycled to a process orput into a process feed tank (unless the tank is used primarily for the storage of wastes). Appropriate adjustments shall be made to such calculations to avoid the double counting ofbenzene. For purposes ofcomplying with the 2 Mg Compliance Option, all waste management units handling aqueous benzene waste streams shall either meet the applicable control standards ofSubpart FF or shall have their uncontrolled benzene quantity count toward the applicable 2 Mg limit. 86. Benzene Waste Operations Sampling Plans: General. Within one (1) year ofthe Date ofLodging, HOVENSA will submit to EPA and the VIDPNR for EPA approval, benzene waste operations sampling plans designed to describe the sampling ofbenzene waste streams that HOVENSA will utilize to estimate quarterly and annual TABs.

. ......- 87. Benzene Waste Operations Sampling Plans: Content Requirements. The sampling plan shall include, but need not be limited to:



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a. Quarterly sampling ofall uncontrolled waste streams that count toward the 2 Mg/yr calculation and could contain greater than 0.05 Mg/yr or more. b. Quarterly sampling ofall uncontrolled waste streams that qualify for the 10 ppmw exemption (40 C.F.R. 

### § 61.342(C)(2)) and contain greater than 0.1 Mg/yr ofbenzene.
c. The proposed End-of-Line (EOL) sampling locations and methods for flow calculations to be used in calculating projected quarterly and annual TAB calculations under the terms ofParagraph 90. Based on the current configuration ofthe Refinery's wastewater system, overflows from API separators 1, 2, and 3 are the only "routine" wastewater benzene streams not controlled in accordance with Subpart FF. Therefore, sampling ofthe three API overflow streams will constitute the individual EOL locations. The uncontrolled benzene contributions from these individual sources will be included in the calculations required by Paragraph 90. d. The sampling plan will require HOVENSA to take, and have analyzed, in each Calendar Quarter, at least three representative samples from each sampling location identified in the plan required by this Paragraph. 88. Benzene Waste Operations Sampling Plans: Timing for Implementation. HOVENSA will implement the sampling required under the sampling plan during the first full Calendar Quarter after HOVENSA submits the plan. HOVENSA will continue to implement the sampling plan unless and until (a) EPA disapproves the plan; or (b) HOVENSA modifies the plan, with EPA's approval, under Paragraph 89. 89. Benzene Waste Operations Sampling Plans: Modifications.
a. Changes in Processes, Operations. or OtherFactors. Ifchanges in processes, operations, or other factors lead HOVENSA to conclude that the sampling plan may



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no longer provide an accurate basis for estimating the Refinery's quarterly or annual uncontrolled benzene quantity under Paragraph 90, then by no later than ninety (90) Days after HOVENSA determines that the plan no longer provides an accurate measure, HOVENSA will submit to EPA and the VIDPNR a revised plan for EPA approval. In the first full Calendar Quarter after submitting the revised plan, HOVENSA will implement the revised plan. HOVENSA will continue to implement the revised plan unless and until EPA disapproves the revised plan. b. Requests for Modifications to the Sampling Frequency. After two (2) years ofimplementing a sampling plan, HOVENSA may submit a request to EPA for approval, with a copy to the VIDPNR, to reduce the facility's sampling frequency. EPA will not unreasonably withhold its consent. HOVENSA will not implement any proposed revisions under this Subparagraph until EPA provides its approval. 90. Quarterly and Annual Estimations ofUncontrolled Benzene Quantities. At the end ofeach Calendar Quarter and based on sampling results and approved flow calculations, HOVENSA will calculate a quarterly and projected annual uncontrolled benzene quantity. 91. In making the calculations required by Paragraph 90, HOVENSA will use the average ofthe three samples collected at each sampling location. Ifthese calculations do not identify any potential violations ofthebenzene waste operations NESHAP, HOVENSA will submit these calculations in the reports due under this Section. 92. Corrective Measures: Basis. If the quarterly or annual uncontrolled benzene calculations required pursuant to Paragraph 90 project or demonstrate that the uncontrolled benzene quantity exceeds 2 Mg/yr, then by no later than sixty (60) Days after the end ofthe Calendar Quarter, HOVENSA will submit a compliance assurance plan to EPA for approval,

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with a copy to the VIDPNR. In that compliance assurance plan, HOVENSA will identify the quantity and cause(s) ofthe potentially-elevated benzene quantities, all corrective actions that HOVENSA has taken or plans to take to ensure that the cause(s) will not recur, and the schedule ofactions that HOVENSA will take to ensure that the Refinery complies with the Benzene Waste Operations NESHAP for the calendar compliance year. HOVENSA will implement the plan unless and until EPA disapproves. 93. Miscellaneous Measures.
a. As ofthe Date ofLodging, HOVENSA shall: i. Conduct monthly visual inspections ofand, ifappropriate, refill all water traps used to comply with Subpart FF within the Refinery's individual drain systems; ii. Ensure that all segregated stormwater drains are marked at the drain (color coding may be used);
111. Conduct monitoring ofexisting API Separators 1, 2, and 3 orany
new Subpart FF-regulated oil/water separators as outlined below: (1) Conduct semi-annual seal gap measurements on all floating roofportions in accordance with 40 C.F.R. 

### § 60.693-2. (2) The fixed roofportions ofall Subpart FF regulated oil/water separators shall be monitored on a quarterly basis ifMethod 21 monitoring conducted pursuant 40 C.F.R. 

### § 61.355(h) determine a leak rate ofgreater than one (1) percent. Monitoring ofthe fixed roofportion ofall Subpart FF required oil/water separators will be conducted annually ifMethod 21 monitoring conducted pursuantto 40 C.F.R. 

### § 61.355(h)

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determine a leak rate ofone (1) percent or less. (3) A current listing, as ofDate ofLodging, ofall Method 21 monitoring locations for API Separators 1, 2, and 3 is attached in Appendix F ("Method 21 Monitoring Locations for API Separators 1, 2 and 3"). When modifications to the API separators occur, HOVENSA shall update and maintain a current listing ofall monitoring locations for API Separators 1, 2, and 3. 94. Record Keeping and Reporting Requirements for this Section Outside ofthe Reports Required under 40 C.F.R. § 

### 61.357 or under the Progress Report Procedures ofPart X (Reporting and Recordkeeping). At the times specified in the applicable provisions ofthis Section, HOVENSA will submit, as and to the extent required, the following reports to EPA and the VIDPNR:
a. BWON Compliance Review and Verification Report (Subparagraph 79.a),
as amended, ifnecessary (Subparagraph 79.b); b. Amended TAB Report, ifnecessary (Subparagraph 80.a.);
c. Plan for the Refinery to come into compliance with the 2 Mg Compliance Option upon discovering that the uncontrolled benzene quantity calculated for Paragraph 90, or through other means, exceeds 2 Mg/yr (Paragraph 92); d. Compliance certification, ifnecessary (Subparagraph 80.d);
e. Schematics ofwaste/slop/off-spec oil movements (Subparagraph 85.a.), as revised, ifnecessary; and 

### f. Sampling Plans (Paragraph 86), and revised Sampling Plans, ifnecessary (Subparagraph 89.a).

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95. Record Keeping and Reporting Requirements for this Section: As Part ofEither the Reports Required under 40 C.P.R. § 61.357 or the Progress Report Procedures ofPart X (Reporting and Recordkeeping). HOVENSA will submit the following information as part ofthe information submitted in either the quarterly report required pursuant to 40 C.P.R. § 61.357(d)(6) and (7) or in the reports due pursuant to Part X (Reporting and Recordkeeping):
a. Sampling Results under Paragraph 86. The report will include a list ofall waste streams sampled, the results ofthe benzene analysis for each sample, the computation of the quarterly and projected calendar year TAB, and the quarterly and projected calendar year uncontrolled benzene quantity; b. Training. Initial and/or subsequent training conducted in accordance with Paragraph 84; and
c. Laboratory Audits. Initial and subsequent audits conducted pursuant to Paragraph 82 in the reporting period for which the report is due, including in each such report, at
a minimum, the identification ofeach laboratory audited, a description ofthe methods used in the audit, and the results ofthe audit. 96. At any time after two (2) years ofreporting pursuant to the requirements of Paragraph 95, HOVENSA may submit a request to EPA to modify the reporting frequency for any or all ofthe reporting categories ofParagraph 95. This request may include a request to report the projected calendar year TAB and uncontrolled benzene quantity in the annual report due on March 1st ofeach year required by 40 C.P.R. §61.357(d). HOVENSA will not change the due dates for its reports under Paragraph 95 unless and until EPA approves HOVENSA's request.

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97. Certifications Required in this Section. Certifications required under this Section will be made in accordance with the provisions ofPart X (Recording and Recordkeeping). 98. Agencies to Receive Reports. Plans and Certifications Required in this Section; Number ofCopies. Unless otherwise specified in this Section, HOVENSA shall submit all reports, plans and certifications required to be submitted under this Section to EPA, EPA Region 2 and the VIDPNR. For each submission, HOVENSA shall submit two copies to EPA, two copies to EPA Region 2, and two copies to the VIDPNR. By agreement between HOVENSA and each ofthe offices that are to receive the materials in this Section, HOVENSA may submit the materials electronically with a single electronic submission. Q. NSPSQQQ. 99. Within twelve (12) months ofthe Date ofLodging, HOVENSA shall prepare and submit to EPA a compliance plan specifying the projects necessary to bring the FCCU and Coker Drain Systems into compliance with 40 C.F.R. Subpart QQQ. Such compliance plan shall include an implementation schedule, and HOVENSA shall complete the projects within the time provided by the compliance plan, but by no later than June 30, 2011. 

### R. LeakDetection and Repair ("LDAR") Program. 100. Introduction. In order to minimize or eliminate fugitive emissions ofvolatile organic compounds (VOCs), benzene, volatile hazardous air pollutants (VHAPs), and organic hazardous air pollutants (HAPs) from equipment in light liquid and/or in gas/vapor service, HOVENSA shall comply with the leak detection and repair (LDAR) requirements ofthis Section. The terms "in light liquid service" and "in gas/vapor service" shall have the definitions



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set forth in the applicable provisions of40 C.F.R. Part 60, Subpart VV and GGG; Part 61, Subparts J and V; Part 63, Subparts F, H, and CC. 101. No later than three (3) years after the Date ofLodging, the group ofall equipment within each process unit (as "equipment" and "process unit" are defined by 40 C.F.R. § 60.591) and each compressor shall become affected facilities under 40 C.F.R. Part 60, Subpart GGG, and shall become subject to and comply with the requirements of40 C.F.R. Part 60, Subpart GGG, and the requirements ofthis Section. Valves which HOVENSA currently .'-- monitors in these process units on a voluntary basis shall continue to be monitored, at least annually, until such process units have become affected facilities under NSPS Subpart GGG pursuant to this Paragraph. On and after the date the lower leak definitions in Paragraph 109 become effective, HOVENSA shall perform leak percentage calculations in NSPS Subpart GGG process units based onthe total number oflight liquid and gas/vapor service valves monitored in the process unit during the period. 102. No later than ninety (90) Days after the Date ofLodging, HOVENSA shall submit
a plan and schedule, for review and approval by EPA, for bringing the Refinery into compliance with the requirements of40 C.F.R. Part 60, Subpart GGG, and the requirements ofthis Section which will include interim milestone dates, designed to achieve full compliance within three (3) years after the Date ofLodging. EPA shall notify HOVENSA after the plan is approved. Ifthe plan is not approved, HOVENSA shall modify and resubmit the plan as required by EPA. 103. Written Refinery-Wide LDAR Program. No later than nine (9) months after the Date ofLodging, HOVENSA shall develop and maintain a written refinery-wide program for compliance with applicable LDARRegulations and the requirements ofthis Consent Decree, which shall include:

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a. Procedures to identify all equipment in light liquid and/or in gas/vapor service that is subject to the LDAR regulations and has the potential to leak VOCs, HAPs, VHAPs, and benzene within process units; 

### b. Procedures for identifying leaking equipment within process units;
c. Procedures for repairing and keeping track ofleaking equipment; d. Procedures for identifying and including in the LDAR program new equipment; and
e. A process for evaluating new and replacement equipment to promote consideration and installation ofequipment that will minimize leaks and/or eliminate chronic leakers. HOVENSA shall submit to EPA a copy ofthe written refinery-wide LDAR program developed pursuant to this Paragraph in the next semi-annual report following the development ofthe program. 104. Alternate Leak Detection Method. With EPA's written approval and regulations allowing for the substitution ofan optical imaging technology-based LDAR program for a Method 21-based LDAR program have been adopted by EPA and are in effect, HOVENSA may begin using an alternate leak detection method. Ifnecessary to implement this Paragraph, the Parties shall make appropriate modifications to this Consent Decree in accordance with Paragraph 228. EPA may request that HOVENSA submit a protocol demonstrating that an optical imaging-based LDAR program is equivalent to or better than a Method 21-based LDAR program.

-- 105. Training. HOVENSA shall implement the following training program at the Refinery:



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a. Within nine (9) months from the Date ofEntry, develop the LDAR training program pursuant to the criteria in Appendix E ("HOVENSA'S LDAR and BWON Training Program Summary") and submit it to EPA; b. Within twelve (12) months from the Date ofEntry, provide LDAR training to existing personnel assigned to LDAR responsibilities (including but not limited to monitoring, recordkeeping, reporting, or data management). For newly hired personnel with LDAR program responsibilities hired after twelve (12) months from Date ofEntry, provide LDAR training priorto the personnel beginning work. All employees assigned to LDAR responsibilities shall receive training annually.
c. For other Refinery operations and maintenance personnel whose duties include limited LDAR responsibilities, provide training developed pursuant to the criteria in Appendix E ("HOVENSA'S LDAR and BWON Training Program Summary") that includes instruction on those aspects ofLDARrelevant to the person's duties. This training shall be provided within twenty-four (24) months from Date ofEntry, and every three (3) years thereafter, until termination ofthis Consent Decree. For newly hired operations and maintenance personnel hired after twenty-four (24) months from Date ofEntry, such training shall be provided within six (6) months ofhiring; and d. Ifcontractors are used to fulfill the requirements ofthis Section, HOVENSA shall require that such contractors shall 

### be trained as required by this Paragraph, and HOVENSA shall maintain records ofsuch training. 1 06. LDAR Audits. By no later than one (1) year from the Date ofLodging, HOVENSA shall implement the refinery-wide audits set forth in this Paragraph, to ensure the Refinery's compliance with all applicable LDAR Regulations and the requirements ofthis

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Consent Decree. The LDAR audits shall include but shall not be limited to, comparative monitoring, records review to ensure monitoring and repairs were completed in the required periods, field reviews to ensure all regulated equipment is included in the LDAR program, a review to ensure records and reports have been maintained and submitted as required, and observation ofthe LDAR technicians' calibration and monitoring techniques. During the LDAR audits, leak rates shall be calculated for each process unit where comparative monitoring was performed.
a. Initial Compliance Audit. Within one (1) year from the Date ofLodging, HOVENSA shall complete a refinery-wide third-party audit ofits compliance with the LDAR Regulations and the requirements ofapplicable Sections ofthis Consent Decree, which includes, at a minimum, each ofthe audit requirements set forth in this Paragraph. For purposes ofthis requirement, ''third party" may include a qualified contractor, consultant, industry group, ortrade association. Within thirty (30) Days ofreceipt ofthe completed audit, HOVENSA shall report to EPA and the VIDPNR any areas ofnon-compliance identified as a result ofits audit and submit in writing a proposed compliance schedule for correcting the non-compliance. Ifthe proposed compliance schedule extends greater than sixty (60) Days beyond the audit completion date, HOVENSA must seek approval ofthe compliance schedule from EPA. HOVENSA shall implement the compliance schedule as proposed until the schedule is approved or disapproved by EPA. Within one (1) year ofDate ofEntry, HOVENSA shall certify to EPA that the Refinery: i. Is in compliance; 

### ii. Has completed related corrective action and/or is on a compliance schedule (ifnecessary); and



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iii. Shall specifically certifY that all existing equipment has been identified and included in the facility LDAR program, to the extent required by applicable regulations and this Consent Decree, as ofthe date such certification is made. b. Subsequent Audits. i. Third-Party Audits. HOVENSA shall retain an independent contractor(s) to perform a third-party audit ofits LDAR program compliance with applicable LDAR Regulations and the requirements under this Section, at least
once every four (4) years, in the same Calendar Quarter. ii. Internal Audits. HOVENSA shall conduct internal audits by retaining third parties or having personnel from a refiner under common ownership with an entity that owns at least a 25% ownership stake in HOVENSA, provided that such refiner is a signatory to a global refinery Consent Decree, audit HOVENSA's LDAR program compliance with applicable LDAR Regulations and the requirements under this Section. HOVENSA shall complete the first internal LDAR audit within the same Calendar Quarter and by no later than two (2) years after its initial third-party audit was conducted according to Subparagraph I06.a. Internal audits shall be conducted, in the same Calendar Quarter, at least once every four (4) years thereafter. 107. Implementation ofActions Necessary to Correct Non-Compliance. Ifthe results ofany ofthe audits conducted pursuant to this Section identifY any area(s) ofnon-compliance, HOVENSA shall implement, as soon as practicable, all appropriate steps necessary to correct the area(s) ofnon-compliance and to prevent a recurrence ofthe cause ofthe non-compliance, to the



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extent practicable. For purposes ofthis Paragraph, ifa ratio ofthe process-unit valve leak percentage established through a comparative monitoring audit conducted pursuant to Paragraph 106, and the average valve leak percentage reported for the process unit for the last four (4) monitoring periods preceding the audit, is equal to or greater than 3.0, and provided the auditor identified at least three (3) leaking valves in the process unit, it shall be deemed an area ofnon-compliance and cause for corrective action. Ifthe calculated ratio yields an infinite result, HOVENSA shall assume one (1) leaking valve was found in the process unit through its routine monitoring during the four (4) monitoring periods. In the Semi-Annual LDAR Report submitted pursuant to the provisions ofParagraph 123 covering the period when an audit was conducted, HOVENSA shall submit the results ofthe audit, and shall certify to EPA that the audit has been completed and that the Refinery is in compliance or on a compliance schedule. 108. Retention ofAudit Reports. Until termination ofthe Consent Decree, HOVENSA shall retain the audit reports generated pursuant to this Section and shall maintain a written record ofthe corrective actions taken in response to any deficiencies identified in any audits. 109. Internal Leak Definition for Valves and Pumps. HOVENSA shall utilize the following internal leak definitions for valves and pumps in light liquid and/or gas/vapor service, unless a lower leak definition is established under applicable permit(s) or applicable LDAR Regulations, within three (3) years ofthe Date ofLodging:
a. Leak Definition for Valves. An internal leak definition of500 ppm VOCs for refinery valves in light liquid and/or in gas/vapor service. b. Leak Definition for Pumps. An internal leak definition of2000 ppm VOCs for refinery pumps in light liquid and/or in gas/vapor service.

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110. Reporting Leaks ofValves and Pumps. For regulatory reporting purposes, HOVENSA may continue to report leak rates in valves and pumps against the applicable regulatory leak definition, or may use the lower, internal leak definitions specified in Paragraph 1 09. 111. Recording. Tracking. Repairing and Remonitoring Leaks Based on the Internal Leak Definitions. HOVENSA shall record, track, repair and remonitor all leaks in excess ofthe internal leak definitions ofParagraph 109 (at such time as those definitions become applicable) in accordance with applicable provisions ofthe LDAR Regulations, except that HOVENSA shall have five (5) Days to make an initial attempt at repair, and fifteen (15) Days either to make final repairs and remonitor the leak or to manage the leak according to Paragraph 121. 112. HOVENSA Valve Preventative Leak Maintenance Program. Within eighteen (18) months ofthe Date ofLodging, HOVENSA shall implement a Valve Preventative Leak Maintenance Program according to Appendix G ("Valve Preventative Leak Maintenance Procedure Workflow Diagram") and this Paragraph. In the event ofany inconsistency between the language ofthis Paragraph and Appendix G ("Valve Preventative Leak Maintenance Procedure Workflow Diagram"), the provisions ofthis Paragraph shall control.
a. Under the Valve Preventative Leak Maintenance Program, HOVENSA shall perform the following surveys, at the times and/or intervals established in Appendix G ("Valve Preventative Leak Maintenance Procedure Workflow Diagram"): 

### i. External Valve Survey. HOVENSA shall assess the external and process conditions ofvalves, including but not limited to the following: condition ofthe valve stem (e.g., pitted, corroded, or scarred), condition ofthe packing gland, follower, and gland bolts (e.g., corroded, stripped threads, orbottomed-

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out), the overall condition ofthe valve (e.g., corroded), and the design process temperature, pressure, and hydrocarbon service ofthe valve. HOVENSA shall also determine as part ofthe external valve survey whether or not the valve can be isolated for repair while in service, whether or not the valve can be repaired through back-seating, live-loading, or other on-line repair/repack techniques, and/or whether the valve requires a process unit shutdown for repair. ii. Stuffing Box Survey. As provided in Appendix G ("Valve Preventative Leak Maintenance Procedure Workflow Diagram"), HOVENSA shall assess the valve stuffing box condition, including but not limited to the following: inside diameter, outside diameter, depth ofstuffing box, packing type, and amount ofpacking. b. HOVENSA shall repack or replace valves, prior to or during process unit turnarounds or tank outages, as outlined in Appendix G ("Valve Preventative Leak Maintenance Procedure Workflow Diagram").
c. HOVENSA shall ensure all newly installed valves are fitted, priorto installation, with packing or valve technology which is designed by the manufacturer to prevent leaks above 100 ppm for a period ofat least five (5) years after installation. d. HOVENSA shall establish a comprehensive tracking database to record the following Valve Preventative Leak Maintenance Program information: i. For newly-installed valves, the date each valve was installed and the type ofpacking present in the valve upon installation; ii. The results ofall external valve surveys and stuffing box surveys with valve isolation determination;



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iii. For each valve required to undergo an external valve survey, the date and type offinal repair action undertaken and the name ofperson performing the repair action. Ifno repair action was taken, record thejustification for why no action was taken; and
IV. The feasibility ofperforming live-loading or back-seating repair techniques on equipment still in VOC-service.


### e. HOVENSA shall analyze the information collected under Subparagraph 112.d at least once every two (2) years after the requirements ofthis Paragraph become effective, and shall specifically analyze the information for trends in equipment failures, successful repair techniques, and other data to help increase the effectiveness ofthe Valve Preventative Leak Maintenance Program. HOVENSA shall report the results ofthis evaluation to EPA in the next periodic report due after the analysis required by this Subparagraph. 113. LDAR Monitoring Frequency.
a. Pumps. When the lower leak definition for pumps becomes applicable pursuant to Paragraph 109, HOVENSA shall monitor pumps at the lower leak definition on a monthly basis. b. Valves. Unless more frequent monitoring is required by applicable federal requirements, HOVENSA shall monitor valves, at the internal leak definition under Paragraph 109, according to the monitoring frequencies required by 40 C.P.R.§§ 60.482-7 and 60.483-2, except that under Section 60.482-7(c)(2), ifa leak is detected, the valve shall be monitored monthly until a leak is not detected for 12 consecutive months. 114. Electronic Storage ofLDAR Data. On and after the Date ofLodging, HOVENSA shall record all LDAR monitoring and repair data in an electronic database.

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115. Electronic Monitoring and Reporting ofLDAR Data. On and after the Date of Lodging, HOVENSA shall use dataloggers and/or electronic data collection devices during LDAR monitoring. HOVENSA or contractor(s) retained by HOVENSA shall use their best efforts to transfer each monitoring reading to the database within five (5) Days ofcollecting the reading. For all monitoring events in which an electronic data collection device is used, the collected monitoring data shall include a time and date stamp, screening value, operator identification, and instrument identification. HOVENSA may use paper logs where necessary or
more feasible (e.g., small rounds, remonitoring, or when dataloggers are not available or broken), and shall record the identification ofthe technician undertaking the monitoring, the date, time, screening value, and the identification ofthe monitoring equipment. HOVENSA shall transfer any manually recorded monitoring data to the electronic database within seven (7) Days of monitoring. 116. QA/QC ofLDAR Data. By no later than ninety (90) Days after the Date of Lodging, HOVENSA shall develop and implement a procedure to ensure a quality assurance/quality control ("QA/QC") review ofall data generated by each LDAR monitoring technician. This QA/QC procedure shall require:
a. Monitoring technician(s) to review and certifY the accuracy ofthe monitoring data they collected each week; and b. Non-monitoring personnel to review monitoring data quarterly, including but not limited to, number ofcomponents monitored per technician, time between monitoring events, and abnormal data patterns. 117. LDAR Personnel. By no later than the Date ofLodging, HOVENSA shall maintain its current program which holds HOVENSA LDAR personnel accountable for LDAR



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performance. HOVENSA shall maintain a position with responsibility for LDAR management and with the authority to implement improvements. 118. Adding New Valves and Pumps. On and after the Date ofLodging, HOVENSA shall continue to implement its tracking program for maintenance records (e.g., a Management of Change program) to ensure that valves and pumps subject to the LDAR Regulations and this Consent Decree, which are installed and placed into VOC service, are integrated into the LDAR program. 119. Calibration. HOVENSA shall conduct all calibrations ofLDAR monitoring equipment using methane as the calibration gas, in accordance with 40 C.F.R. Part 60, EPA Reference Test Method 21. 120. Calibration Drift Assessment. Within six calendar months ofthe Date of Lodging, HOVENSA shall conduct calibration drift assessments ofLDAR monitoring equipment at the end ofeach monitoring shift, at a minimum. HOVENSA shall conduct the calibration drift assessment using a calibration gas corresponding to the then-applicable leak definition for valves. Ifany calibration drift assessment after the initial calibration shows a negative drift ofmore than 10% from the previous calibration, HOVENSA shall remonitor the following equipment: (a) all valves subject to the LDAR Regulations and this Consent Decree that were monitored since the last calibration and that had a reading greater than 500 ppm ifthe applicable leak definition for valves is 10,000 ppm, or 100 ppm ifthe applicable leak definition for valves is 500 ppm; and (b) all pumps subject to the LDAR Regulations and this Consent Decree that were monitored since the last calibration and that had a reading greater than 2,000 ppm ifthe applicable definition for pumps is 10,000 ppm, or 500 ppm ifthe applicable leak definition for pumps is 2,000 ppm.



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121. Extended Maintenance and Delay ofRepair. Beginning no later than one (1) year from Date ofLodging, HOVENSA shall eliminate normal use ofdelay ofrepair exemptions for equipment in VOC service (as defined in 40 C.P.R.§ 60.481) under applicable regulations and this Consent Decree, and shall perform monitoring and maintenance as follows: perform monitoring and "drill and tap" repairs according to Subparagraphs 121.a and b, and perform extended maintenance to attempt to stop the leak source as outlined under Subparagraph 12l.c. IfHOVENSA, after having implemented one ormore ofthe extended maintenance leak repair techniques identified in Subparagraph 12l.c, cannot repair the leak, HOVENSA may delay repair ofthe leak until the next process unit shutdown. Extended maintenance shall not be required where any ofthe following is the case: (i) for the period beginning no later than one (1) year from the Date ofLodging through five (5) years ofthe Date ofEntry, the number of valves on the delay ofrepair list does not exceed 0.1 percent refinery-wide upon determination of delay ofrepair; and for the period beginning no later than five (5) years ofthe Date ofEntry, the number ofvalves on the delay ofrepair list does not exceed 0.05 percent refinery-wide upon determination ofdelay ofrepair; or (ii) the feasible extended maintenance techniques listed in Subparagraph 121.c would result in a shutdown ofa process unit or create an unsafe operating condition. HOVENSA shall report the circumstances (why it was required, what was actually performed, whether it was successful) ofall leaks attempted to be repaired under Subparagraph 121.c in semi-annual reports required under Paragraph 71.
a. For all equipment: 

### i. Require sign-off by the Area Manager ordesignee by the 15th day after identification ofthe leak that the equipment cannot be removed from VOC

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service and is technically infeasible to repair without implementation ofextended maintenance as set forth in Subparagraph 12l.c; and ii. Monitor monthly equipment on the "delay ofrepair" list which remains in VOC service. b. For valves: For valves, other than control valves and pressure relief valves, require use of"drill and tap" or similarly effective repairs, unless the valve can be repaired by other means or HOVENSA can demonstrate that there is a safety, mechanical, or ; adverse environmental concern posed by attempting to repair the leak in this manner. HOVENSA shall perform multiple "drill and tap" attempts (or similarly effective repairs) within fifteen (15) Days ofidentification ofthe leak, ifnecessary, to repair the valve. Ifa new method develops for repairing such valves, HOVENSA will advise EPA prior to implementing the use of such new method in place ofdrill and tap for repairs required under this Consent Decree.
c. Ifthe repair methods undertaken pursuant to Subparagraph 121.b have not stopped the source ofthe leak, HOVENSA shall, within sixty 

### (60) Days ofidentifying the leak, perform at least one extended maintenance attempt to stop the leak source, including building an enclosure for the equipment which meets 'no detectable emissions' standards under NSPS Subpart VV, line-stopping (i.e., inserting a plugging device inside the line so the contents can temporarily be held back while maintenance is performed on-line), hot-tapping (i.e., connecting a
new piping service to an existing line with no interruption offlow), orpipe-freezing (i.e., holding back system pressure in a section ofpiping using freeze chambers which are installed over a short section ofpiping and injected with liquid nitrogen or C02). HOVENSA shall report the circumstances (why it was required, what was actually performed, was it successful) ofall leaks attempted to be repaired orexempt from repair under this Subparagraph in semi-annual reports

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required under Part X (Reporting and Recordkeeping). IfHOVENSA applies a different extended repair technique than those listed in this Subparagraph, HOVENSA shall report such technique under Paragraph 123 and explain how it is similarly effective at stopping the leak, and shall specifically explain why this technique could not be applied within fifteen (15) Days of identification ofthe leak. 122. Recordkeeping Requirements for this Section. For at least two (2) years after termination ofthis Consent Decree, HOVENSA shall retain records to demonstrate its compliance with the requirements ofthis Section. 123. As part ofthe reports required under 40 C.P.R. 

### §§ 60.487 and 63.654 (SemiAnnual LDAR Report), HOVENSA shall include the following information, at the following times:
a. The next Semi-Annual LDAR Report after the applicable compliance date for each requirement shall include notification ofthe following: i. Implementation ofthe "Valve Preventative Leak Maintenance Program" ofParagraph 112; ii. Implementation ofQA/QC procedures for review ofdata generated by LDAR technicians as required by Paragraph 116; iii. Development ofa tracking program for new valves and pumps added during maintenance and construction (Management ofChange Program) as required by Paragraph 118; iv. Implementation ofthe calibration and calibration drift assessment procedures ofParagraphs 119 and 120;

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v. Implementation ofthe "delay ofrepair" procedures of Paragraph 121; vi. Utilization ofelectronic data collection devices during LDAR monitoring, pursuant to the requirements ofParagraph 115; vii. Implementation ofthe lower leak definitions pursuant to the requirements ofParagraph I09; and viii. Implementation ofthe monitoring requirements of Subparagraphs 113.a and 113.b. b. Until termination ofthis Section, each Semi-Annual LDAR Report that HOVENSA submits shall include:
1. 

### An identification ofeach audit, ifany, that was conducted pursuant to the requirements ofParagraph 106 in the previous semi-annual period. For each audit identified, the report shall include an identification ofthe auditors, a summary ofthe audit results, and a summary ofthe actions that HOVENSA took
or intends to take to correct all deficiencies identified in the audits. ii. Training. Information identifying the measures taken to comply with the provisions ofParagraph 105; iii. Valve Preventative Leak Maintenance Program. The results of each evaluation performed according to Subparagraph 112.e during the previous semi-annual period; and iv. Monitoring. The following information on LDAR monitoring: (1) A list ofthe process units monitored during the reporting period;



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(2) The number ofvalves and pumps present in each monitored process unit; (3) The number ofvalves and pumps monitored in each process unit and ifless than the number in (2), include an explanation as to why; (4) The number ofvalves and pumps found leaking in each process unit during the period, and the valve leak percentage for each process unit; (5) The number of"difficult to monitor" pieces ofequipment monitored; (6) The projected month ofthe next monitoring event for that unit; (7) A list ofall equipment currently on the "delay ofrepair'' list, the date each component was placed on the list, the date each such component was determined to be leaking above applicable leak definitions, the circumstances ofany extended maintenance repairs under Subparagraph 121.c, the associated monitoring results for each piece of equipment, and whether such activities were completed in a timely manner; (8) The number ofexternal valve surveys and the number of stuffing box surveys not completed and recorded as required under Paragraph 112;

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(9) The number ofvalves not repacked or replaced and recorded as required under Paragraph 112; (10) The number ofvalves which were newly installed without appropriate packing or valve technology, as required under Paragraph 112; and (11) The number ofmissed or untimely repairs under Paragraph 111. 

### VI. PERMITTING 124. Obtaining Permit Limits for Consent Decree Emission Limits That Are Effective Upon Date ofEntry. Except as set forth below, by no later than 180 Days after the Date of Entry, HOVENSA shall submit applications to the relevant permitting authority to incorporate the emission limits and standards required by this Consent Decree that are effective as ofthe Date ofEntry into federally enforceable minor or major new source review permits or other permits (other than Title V permits) that are federally enforceable. However, ifanother application for a permit, permit renewal, or permit modification is due for the same emissions unit within 365 Days ofthe Date ofEntry, HOVENSA shall submit both such applications or a combined application by the application/renewal date. Upon issuance ofsuch permits or in conjunction with such permitting, HOVENSA shall file any applications necessary to incorporate the requirements ofthose permits into the Title V permit for the Refinery when issued. 125. Obtaining Permit Limits For Consent Decree Emission Limits That Become Effective After Date ofEntry. Except as set forth below, as soon as practicable, but in no event later than 180 Days after the effective date or establishment ofany emission limits and standards required by this Consent Decree other than those effective as ofthe Date ofEntry, HOVENSA



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shall submit applications to the relevant permitting authority to incorporate those emission limits and standards into federally enforceable minor or major new source review permits, or other permits (other than Title V permits) that are federally enforceable. Upon issuance ofsuch permit
or in conjunction with such permitting, HOVENSA shall file any applications necessary to incorporate the requirements ofthose permits into the Title V permit for the Refinery when issued. 126. Mechanism for Title V Incorporation. The Parties agree that the incorporation of any emission limits or other standards into the Title V permit for the Refinery as required by Paragraphs 124 and 125 shall be in accordance with the applicable territorial Title V rules. 127. Construction Permits. HOVENSA agrees to obtain all required, federally enforceable permits for the construction ofthe pollution control technology and/or the installation ofequipment necessary to implement the requirements ofthis Consent Decree. 

### VII. EMISSION CREDIT GENERATION Summary. This Part addresses the use ofemissions reductions that will result from the installation and operation ofthe controls required by this Consent Decree ("CD Emissions Reductions") for the purpose ofemissions netting or emissions offsets. 128. General Prohibition. HOVENSA shall not generate or use any NOx, S02, PM, PM-10, PM-2.5, VOC, or CO emissions reductions, or apply for and obtain any emission reduction credits, that result from any projects conducted or controls utilized pursuant to this Consent Decree as netting reductions or emissions offsets in any PSD, major non-attainment, and/or synthetic minor New Source Review permit orpermit proceeding. 129. Exception to General Prohibition. Notwithstanding the general prohibition set forth in Paragraph 128, HOVENSA may use 41 tons peryear ofNOx, 61 tons per year ofCO,

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and 14 tons per year ofPM from CD Emissions Reductions as credits or offsets in any PSD, major non-attainment and/or minor NSR permit or permit proceeding occurring after the Date of Lodging with respect to the Refinery, provided that the new or modified emissions units at which credits are being used: (1) is being constructed or modified for purposes ofcompliance with clean fuels requirements (72 Fed. Reg. 8428, amending 40 C.F.R. Part 80); and (2) has a federally enforceable, non-Title 

### V permit that reflects the following requirements that are applicable to the pollutants for which credits are being used:
a. For heaters and boilers, a limit of0.027lbs. NOx per million BTU on a 3-hour rolling average basis; b. For heaters and boilers, a limit of0.10 grains ofhydrogen sulfide per dry standard cubic foot offuel gas or 20 ppmvd S02 corrected to 0% 0 2 both on a 3-hour rolling average;
c. For heaters and boilers, no liquid or solid fuel firing authorization; d. For FCCUs, a limit of20 ppmvd NOx or less on a 365-day rolling average basis corrected to 0% 

### Oz;
e. For FCCUs, a limit of25 ppmvd S02 or less on a 365-day rolling average basis corrected to 0% 

### Oz; f. For FCCUs, a limit of0.5 pounds ofPM per 1,000 pounds ofcoke burned
on a 3-hour average basis; and g. For SRPs, NSPS Subpart J limits. 130. Conditions Precedent to Utilizing Exception to General Prohibition. Utilization ofthe exception set forth in Paragraph 129 to the general prohibition against the generation or

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utilization ofCD Emissions Reductions set forth in Paragraph 128 is subject to the following conditions:
a. Under no circumstances shall HOVENSA use CD Emissions Reductions for netting and/or offsets prior to the time that actual CD Emissions Reductions have occurred; b. CD Emissions Reductions may be used only at the HOVENSA Refinery;
c. The CD Emissions Reductions provisions ofthis Consent Decree are for purposes ofthis Consent Decree only and neither HOVENSA, nor any other entity may use CD Emissions Reductions for any purpose, including in any subsequent permitting or enforcement proceeding, except as provided herein; and d. HOVENSA shall remain subject to all federal, territorial, and local regulations applicable to the PSD, major non-attainment and/or minor NSR permitting process. 131. Outside the Scope ofthe General Prohibition. Nothing in this Consent Decree is intended to prohibit HOVENSA from seeking to:
a. Use or generate netting reductions or emission offset credits from refinery units that are covered by this Consent Decree to represent the difference between the emissions limitations set forth in or established pursuant to this Consent Decree for such refinery units and the more stringent emissions limitations that HOVENSA may elect to accept for those refinery units in a permitting process; b. Use or generate netting reductions or emission offset credits for refinery units that are not subject to an emission limitation pursuant to this Consent Decree;
c. Use emissions reductions from the installation ofcontrols required by this Consent Decree in determining whether a project that (a) includes both the installation of



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controls under this Consent Decree and other construction and (b) is permitted as a single project triggers major New Source Review requirements; d. Use CD Emission Reductions for HOVENSA's compliance with any rules
or regulations designed to address regional haze or the non-attainment status ofany area (excluding PSD and Non-Attainment New Source Review rules) that apply to HOVENSA; provided, however, that HOVENSA shall not be allowed to trade or sell any CD Emissions Reductions; or
e. Use or generate netting reductions or emission offset credits for heaters, boilers, Generating Turbines and Compressor Engines on which Qualifying Controls, as defined in Paragraph 23, have been installed, provided that such reductions are not included in HOVENSA's demonstration ofcompliance with the requirements ofParagraphs 24, 26,27 and 28. 

### Vlll. ADDITIONAL INJUNCTIVE RELIEF A. Delayed Coker Unit 132. Delayed Coker Unit Steam Vents Control Technology.
a. Interim Coker Steam Vents Limit. By no later than the Date ofEntry, HOVENSA shall comply with a depressurization level of 10 psig for the Coker Steam Vents. b. Final Coker Steam Vents Limit. By no later than December 31,2012, HOVENSA shall comply with a depressurization level of2 psig for the Coker Steam Vents. 133. HOVENSA shall comply with the additional limits and requirements described in Appendix H ("Additional Coker Project Injunctive Relief') in accordance with the compliance schedule set forth in Appendix H.



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134. HOVENSA has tested and determined the VOC emissions from the coke cutting tank. HOVENSA provided EPA with a copy ofthe test protocol on September 29, 2009 and conducted the testing from December 8, 2009 through December 12, 2009. HOVENSA reported the results to EPA and the VIDPNR on March 1, 2010. 

### B. NSPS Applicability: Boilers and Generating Turbines. 135. As ofthe Date ofEntry, Boilers 5, 8, and 9 are "affected facilities" as that term is used in 40 C.F.R. Part 60, NSPS Subparts A and D and by no later than July 31,2012, shall be subject to and required to comply with the requirements ofNSPS Subparts A and D. If HOVENSA elects to replace Boiler 5, the deadline for compliance with Subparts A and D for Boiler 5 shall be no later than December 31, 2015. HOVENSA shall notify EPA and VIDPNR by no later than July 31, 2012 ifHOVENSA elects to replace Boiler 5. 136. Generating Turbines 1through 9 are "affected facilities" as that term is used in 40 C.F.R. Part 60, Subparts A and GG. By no later than five (5) years from Date ofEntry, Generating Turbines 1through 8 shall be subject to and comply with the requirements ofNSPS Subparts A and GG. As ofDate ofEntry, Generating Turbine 9 shall be subject to and comply with the requirements ofNSPS Subparts A and GG. 

### IX. TERRITORIAL SUPPLEMENTAL ENVIRONMENTAL PROJECT A. Territorial Supplemental Environmental Project 137. Virgin Islands Territorial SEP.
a. HOVENSA shall undertake a SEP designed to benefit the U.S. Virgin Islands (the "Virgin Islands Territorial SEP"), as provided in this Part. b. Virgin Islands Territorial SEP Fund. HOVENSA shall provide funding to support one ormore supplemental environmental projects to 

### be implemented for the benefit of

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the Virgin Islands. Within 120 Days ofthe Date ofEntry, HOVENSA shall deposit no less than $4,875,000 into an escrow account established by HOVENSA for the purpose ofimplementing this SEP. Projects to be funded by the Virgin Islands Territorial SEP Fund are to be determined jointly by HOVENSA and the Virgin Islands, in consultation with EPA and in consideration of the environmental, public health, pollution prevention or reduction, or other benefits consistent with the objectives ofthe environmental protection laws ofthe United States.
c. Not later than ninety (90) Days prior to any request by the Virgin Islands for disbursement offunds pursuant to this Paragraph, the Virgin Islands (after consultation with EPA and HOVENSA) shall submit for review and comment by EPA and HOVENSA a written description ofthe project(s) to be funded, the purpose and anticipated environmental benefits of the project(s), the recipient(s) ofthe funding, and any other necessary and relevant information describing the project(s) to be funded. Following consultation, review and comment, the written description ofthe project(s) will be revised as needed by the Virgin Islands to reflect EPA's and HOVENSA's comments. d. Upon written project approval by HOVENSA and the Virgin Islands, and within thirty (30) Days ofthe written request ofthe Virgin Islands, HOVENSA shall disburse such funds, as directed by the Virgin Islands for the purpose ofimplementing the project(s). Such funds disbursed pursuant to this Paragraph shall only be used for project(s) approved as provided in this Paragraph. Seven (7) Days priorto any such disbursement, HOVENSA shall notify the Parties pursuant to Paragraph 225 (Notice) ofsuch intended disbursement. 138. In the event HOVENSA does not disburse the full amount ofthe escrow account including interest as required by Subparagraph 137.b on the project(s), HOVENSA shall pay as a penalty an amount equal to the difference between the amount disbursed for the project(s)

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demonstrated in the certified cost report required by Paragraph 140, and the amount required by Subparagraph 137.b. This stipulated penalty shall be paid to the Virgin Islands as provided in Subparagraph 146.b. 139. By signing this Consent Decree, HOVENSA certifies that it is not required, and has no liability under any federal orterritorial law or regulation or pursuant to any agreements or orders ofany court, to undertake or develop the SEP. HOVENSA further certifies that it has not applied for or received, and will not in the future apply for or receive: (i) credit as a Supplemental Environmental Project or other penalty offset in any other enforcement action for the SEP; (ii) credit for any emissions reductions resulting from the SEP in any federal or territorial emissions trading or early reduction program; or (iii) a deduction from any federal or territorial tax based on its participation in, performance of, or incurrence ofcosts related to the SEP. 140. HOVENSA will include in each semi-annual report required by Paragraph 143 a progress report for the period during which the SEP is being implemented. In addition, for the semi-annual period in which the SEP is completed, the semi-annual report required by Part X (Reporting and Recordkeeping), will be a report detailing disbursements from the VI Territorial SEP Fund, certified as accurate by a responsible HOVENSA official. 

### B. Additional Work 140A. VIW APA Emissions Monitoring Assistance. HOVENSA shall assist the Virgin Islands Water and Power Authority (VIW APA) with respect to certain air emissions monitoring,
as provided in this Paragraph.
a. By no later than 180 Days ofthe Date ofEntry, HOVENSA shall submit for EPA approval a Statement ofWork (SOW) detailing technical and other assistance and

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support to be provided by HOVENSA to VIW APA for the operation and maintenance of opacity, NOx and CO continuous emissions monitoring systems (CEMS) at the VIWAPA facilities located at Estate Richmond, St. Croix, and Krum Bay, St. Thomas, U.S. Virgin Islands. b. The assistance and support to be provided are intended to support VIWAPA's capacity to properly operate and maintain CEMS at its facility. Such support may include periodic technical and othertraining ofVIW APA employees, provision ofmanuals or similar materials, orconsultation on request, concerning CEMS operation and maintenance, and such other support and assistance as HOVENSA and VIWAPA agree may be necessary and appropriate for the completion ofthe VIW APA Emissions Monitoring Assistance. HOVENSA may use contractors and/or contractor support for the VIW APA Emissions Monitoring Assistance. HOVENSA shall not itselfperform, participate (physically or otherwise) in performing, or assume responsibility for, any work, tasks, or functions that VIW APA is legally obligated to perform orperforms in the ordinary course ofits business.
c. HOVENSA shall consult with VIWAPA (and may consult with EPA) in its development ofthe SOW. d. The SOW shall include, but need not be limited to, a detailed description ofthe technical and other assistance and support to be provided to VIW APA, a schedule for implementation and an estimate ofthe costs.
e. The support to be provided by HOVENSA shall be provided for not less than one (I) year but not more than five (5) years, such period to commence upon a date agreed to by HOVENSA and VIW AP A, provided that the SOW has been approved by EPA, and after VIW AP A has installed the CEMS. In no event shall such support be required to be provided by HOVENSA after the termination ofthis Consent Decree. In the event VIWAPA has not



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installed the CEMS and requested that the support commence within five (5) years ofthe Date of Entry, HOVENSA shall not be required to provide support services to VIWAPA pursuant to this Paragraph. f. HOVENSA shall not be required to spend more than $500,000 in the execution ofthe VIWAPA Emissions Monitoring Assistance required by this Paragraph. g. HOVENSA shall promptly report to EPA any impediments or difficulties that may delay the development or execution ofthe VIW APA Emissions Monitoring Assistance. In such circumstances EPA may thereafter agree with HOVENSA, for good cause shown, to modify or otherwise revise the terms ofthe VIWAPA Emissions Monitoring Assistance's SOW. h. HOVENSA will include in each semi-annual report required by Paragraph 143 a progress report for the period during which the VIWAPA Emissions Monitoring Assistance is being developed and implemented. In addition, for the semi-annual period in which the VIWAPA Emissions Monitoring Assistance is completed, the semi-annual report required by Part X (Reporting and Recordkeeping), will contain (i) a detailed description ofthe VIWAPA Emissions Monitoring Assistance as implemented, including expenditures, certified as accurate by a responsible company official; (ii) a briefdescription ofany significant problems encountered, and solutions for such problems; and (iii) a certification that HOVENSA has completed its obligations for the VIW APA Emissions Monitoring Assistance as required by this Consent Decree.
1. HOVENSA shall provide a copy ofthe applicable provisions ofthe VIWAPA Emissions Monitoring Assistance SOW to each consulting orcontracting firm that is retained to perform work required by this Paragraph. This requirement shall apply in lieu ofthe

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requirement in Paragraph 8 to provide a copy ofrelevant portions ofthis Consent Decree to any contractor retained by HOVENSA to perform work required by this Consent Decree. 

### C. Public Statements. 141. HOVENSA agrees that in any public statements regarding the Territorial Supplemental Environmental Project(s) and the VIWAPA Emissions Monitoring Assistance required under this Part, HOVENSA must clearly indicate that these are being undertaken as part ofthe settlement ofan enforcement action for alleged violations ofthe Clean Air Act and corollary Virgin Island laws and/or regulations. However, it is expressly understood by the parties that the costs to implement the VIW APA Emissions Monitoring Assistance is not a fine
or a penalty and does not reduce any fine or penalty imposed by this Consent Decree. 

### X. REPORTING AND RECORDKEEPING 142. HOVENSA shall retain all records required to be maintained in accordance with this Consent Decree for a period offive (5) years or until Termination, whichever is longer, unless applicable regulations require the records to be maintained longer. 143. Beginning thirty (30) Days after the end ofthe first semi-annual period after the Date ofEntry and semi-annually thereafter on January 31 and July 31 until termination ofthis Consent Decree, HOVENSA will submit to EPA and VIDPNR a progress report. The reports will contain the following information:
a. General. Each report will contain: i. A progress report on the implementation ofthe requirements of Part V (Affirmative Relief/Environmental Projects);

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ii. A summary ofthe emissions data that is specifically required by the reporting requirements ofPart V (Affirmative Relief/Environmental Projects) for the period covered by the report;
m. A description ofany problems anticipated with respect to meeting the requirements ofPart V (Affirmative Relief/Environmental Projects); iv. A description ofthe status ofthe SEP being conducted under Part IX (Territorial Supplemental Environmental Project); and
v. Any such additional matters as HOVENSA believes should be brought to the attention ofEPA and VIDPNR. b. Emissions Data. In the semi-annual report required to be submitted on July 31 ofeach year, HOVENSA shall provide a summary ofannual emissions data for the prior calendar year. The summary shall include: i. NOx, S02, CO and PM emissions in tons per year as a sum for all heaters and boilers greater than 40 mmBTU/hr maximum fired duty listed in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"); ii. NOx, S02, CO and PM emissions in tons per year for the Generating Turbines listed in Appendix A ("List ofHeaters and Boilers Greater Than 40 mmBTU Per Hour, Generating Turbines and Compressor Engines"); iii. S02and TRS emissions in tons per year for each sulfur recovery plant; iv. S02 emissions in tons per year from all Acid Gas Flaring and Tail Gas Incidents, by flare;

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v. NOx, S02, CO and PM emissions in tons per year as a sum for all other emissions units for which emissions information is required to be included in HOVENSA's annual emissions summary required under 

### 12 VIRR Section 

### 206-93 and are not identified in (i) through (vi) ofthis Paragraph; and vi. The basis for each estimate required in this Subparagraph (i.e., stack tests, CEMS, PEMS, etc.) and an explanation ofthe methodology used to calculate the tons per year emitted. To the extent that the required emissions summary data is available in otherreports generated by HOVENSA, such other reports can be attached orthe appropriate information can be extracted from such other reports and attached to the semi-annual report to satisfy the requirement.
c. Exceedances ofEmission Limits. In each semi-annual report, HOVENSA shall identify each exceedance ofan emission limit required or established by this Consent Decree that occurred during the previous semi-annual period. The semi-annual report shall include the following information: i. For emissions units that are monitored with CEMS orPEMS, for each CEMS or PEMS: (1) Total period where the emissions limit was exceeded, if applicable, expressed as a percentage ofoperating time for each calendar quarter; (2) Where the operating unit has exceeded the emissions limit
more than 1% ofthe total time ofthe calendar quarter, identification of each averaging period that exceeded the limit by time and date, the actual emissions ofthat averaging period (in the units ofthe limit), and any



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identified cause for the exceedance (including startup, shutdown, maintenance or malfunction), and, if

### it was a malfunction, an explanation and any corrective actions taken; (3) Total downtime ofthe CEMS or PEMS, ifapplicable, expressed as a percentage ofoperating time for the calendar quarter; (4) Where the CEMS or PEMS downtime is greater than 5% of the total time in a calendar quarter for a unit, identify the periods of downtime by time and date, and any identified cause ofthe downtime (including maintenance or malfunction), and ifit was a malfunction, an explanation and any corrective action taken; (5) Ifa report filed pursuant to another applicable legal requirement contains all ofthe information required by this Subparagraph 143.c.i in a similar or same format, the requirements ofthis Subparagraph 143.c.i may be satisfied by attaching a copy ofsuch report. ii. For any exceedance ofan emissions limit required or established by this Consent Decree that is monitored through stack testing: (l) A summary ofthe results ofthe stack test in which the exceedance occurred; (2) A copy ofthe full stack test report in which the exceedance occurred; (3) To the extent that HOVENSA has already submitted the stack test results, HOVENSA need not resubmit them, but may instead

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reference the submission in the report (e.g., date, addressee, reason for submission). 144. Each report will be certified for HOVENSA by an officer ofHOVENSA responsible for overseeing implementation ofthis Consent Decree, as follows: "I certify under penalty oflaw that this information was prepared under my direction or supervision by personnel qualified to properly gather and evaluate the information submitted. Based on my directions and after reasonable inquiry of the person(s) directly responsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate and complete." 

### XI. CIVILPENALTY 145. In satisfaction ofthe civil claims asserted by the United States and the Virgin Islands in the Complaint filed in this matter, by no later than thirty (30) Days after the Date of Entry, HOVENSA shall pay a civil penalty of$5,125,000 to the United States and a civil penalty of$250,000 to the Virgin Islands. 146. Payment.
a. Payment to the United States. Payment to the United States shall be made by Electronic Funds Transfer ("EFT") to the United States Department ofJustice, in accordance with current EFT procedures, referencing the USAO File Number 2010V00064, DOJ Case Number 90-5-2-08229/1, and the civil action case name and case number ofthis action in the District ofthe Virgin Islands. The costs ofsuch EFT shall be the responsibility ofHOVENSA. Payment shall be made in accordance with instructions provided to HOVENSA by the Financial Litigation Unit ofthe United States Attorney's Office for the District ofthe Virgin Islands. Any funds received after 11 :00 a.m. (EDT) shall be credited on the next business day. HOVENSA shall provide notice ofpayment, referencing the USAO File Number 2010V00064, DOJ Case

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Number 90-5-2-08229/1, and the civil action case name and case number, to the United States as provided in Paragraph 225 (Notice). b. Payment to the Virgin Islands. Payment to the Virgin Islands shall be made by certified check or checks or cashier's checks made payable to "Government ofthe Virgin Islands Department ofPlanning & Natural Resources," referencing the name and address ofthe party making payment, and the civil action number. HOVENSA shall send the check(s) to: Government ofthe Virgin Islands Department ofPlanning & Natural Resources 8100 Lindberg Bay, Ste. #I Cyril E. King Airport, Terminal Bldg. Second Floor St. Thomas, V

### .1. 00802 147. The civil penalty set forth herein, as well as any stipulated penalty incurred pursuant to Part XII (Stipulated Penalties), is a penalty within the meaning ofSection 162(t) of the Internal Revenue Code, 26 U.S.C. 

### § 162(t), and, therefore, HOVENSA will not treat such penalty payment as tax deductible for purposes offederal or territorial law. 148. Upon the Date ofEntry, this Consent Decree will constitute an enforceable judgment for purposes ofpost-judgment collection in accordance with Rule 69 ofthe Federal Rules ofCivil Procedure, the Federal Debt Collection Procedures Act, 28 U.S.C. 

### § 3001, et seq., and other applicable federal authority. The United States will be deemed asjudgment creditors for purposes ofcollecting any unpaid amounts ofthe penalty and interest pursuant to this Part, or any stipulated penalty owed pursuant to Part XII (Stipulated Penalties). XII. STIPULATED PENALTIES 149. Except as otherwise provided in Paragraph 138 (Territorial Supplemental Environmental Project), HOVENSA shall pay stipulated penalties as provided in this Part to the

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United States for each failure by HOVENSA to comply with the terms ofthis Consent Decree. Stipulated penalties shall be calculated in the amounts specified in this Part. For those provisions where a stipulated penalty ofeither a fixed amount or 1.2 times the economic benefit ofdelayed compliance is available, the decision ofwhich alternative to seek shall rest exclusively within the discretion ofthe United States. Where a single event triggers more than one stipulated penalty provision, only the higher ofthe individual stipulated penalties shall apply. 

### A. Requirements for NO!: Emissions Reductions from the FCCU 150. [Reserved] 151. For each failure to meet the FCCU NOx limit set forth in Paragraph 11: $750 for each day that the specified 7-day rolling average exceeds the applicable limit; and $2,500 for each day that the specified 365-day rolling average exceeds the applicable limit. 

### B. Requirements for**SO~** 

### Emissions Control from the FCCU 152. For failure to meet any FCCU S02 limit set forth in Paragraph 13: $750 for each day that the specified 7-day rolling average exceeds the applicable limit; and $2,500 for each day that the specified 365-day rolling average exceeds the applicable limit. 

## c. Requirements for PMEmissions Control from the FCCU 153. For failure to meet the FCCU PM limit set forth in Paragraph 15: $500 for the first day ofnon-compliance with the limit, and $1,500 for each day thereafter until HOVENSA demonstrates compliance. 

### D. Requirements for CO Emissions Control from the FCCU 154. For each failure to meet any FCCU CO limit that HOVENSA accepts pursuant to Paragraph 18 or 19 (ifapplicable): $750 for each day that the specified 1-hour block average

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exceeds the applicable limit; and $2,500 for each day that the specified 365-day rolling average exceeds the applicable limit. 

### E. Requirements Related to NSPS Applicability to FCCU Catalyst Regenerator. 155. For failure to comply with NSPS Subparts A and J (or Ja, ifapplicable, for CO, S02, orPM) limits applicable to the FCCU's catalyst regenerator, as specified in Paragraph 22, per pollutant, per day: Period ofNon-Compliance 1st through 30th day 31st through 60th day Over 60 days Penalty per day $1,000 $2,000 $3,000, or an amount equal to 1.2 times the economic benefit ofnon-compliance, whichever is greater. 

### F. Requirements for NO! Emission Reductions from Heaters, Boilers, Generating Turbines and Compressor Engines. 156.
a. For failure to install Qualifying Controls, submit pennit applications or incorporate emission limits into pennits for heaters, boilers, Generating Turbines, or Compressor Engines as required by Paragraphs 24, 26, 27 or 28: Period ofNon-Compliance 1st through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline Penalty per day $2,500 $6,000 $10,000, or an amount equal to 1.2 times the economic benefit ofnon-compliance, whichever is greater. b. For failure to reduce NOx emissions from heaters, boilers, Generating Turbines, or Compressor Engines, as required by Paragraphs 24, 26, 27 or 28: Period ofNon-Compliance 1st through 30th day after deadline 31st through 60th day after deadline Penalty per day $2,500 $6,000

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Beyond 60th day after deadline $10,000, or an amount equal to 1.2 times the economic benefit ofnon-compliance, whichever is greater.
c. For failure to comply with any permit requirement (contained in permits required by Paragraphs 24, 26, 27 or 28) to control NOx emissions: $500 per unit, per day. 

### G. Reguirements for**SO~** 

### Emissions Reductions from Heaters, Boilers and Generating Turbines 157. For burning any fuel gas that contains H2S in excess ofthe applicable requirements ofNSPS Subparts A and J (or Ja, as applicable) in one or more heaters or boilers or other identified equipment listed in Appendix C (''NSPS Subpart J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices)"), per event, per day: Period ofNon-Compliance 1st through 30th day Beyond 31st day Penalty per day $2,500 $5,000 or an amount equal to 1.2 times the economic benefit ofdelayed compliance, whichever is greater. 158. For burning Fuel Oil in any combustion unit in violation ofParagraphs 37, 38 or 39, per unit, per day: Period ofNon-Compliance 1st through 30th day Beyond 31st day Penalty per day $1,750 $5,000 or an amount equal to 1.2 times the economic benefit ofdelayed compliance, whichever is greater 

### H. Reguirements for Sulfur Recovery Plants 159. For failure to comply with the NSPS Subparts A and J (or Ja, as applicable) emission limits at the Sulfur Recovery Plants, as specified in Paragraphs 44 and 45, per unit, per day: Period ofNon-Compliance 1st through 30th day 31st through 60th day Penalty per day $1,000 $2,000

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Over 

### 60 days 

### $3,000 or an amount equal to 

### I.2 times the economic benefit ofnon-compliance, whichever is greater 

### I60. For failure to route or re-route all sulfur pit emissions in accordance with the requirements ofParagraph 

### 43, per unit, per day: Period ofNon-Compliance 

### Ist through 

### 30th day 

### 3Ist through 

### 60th day Beyond 

### 60th day Penaltv per day 

### $I,OOO $I,750 $4,000 or an amount equal to 

### I.2 times the economic benefit ofdelayed compliance, whichever is greater 

### I61. For failure to develop and implement a Preventative Maintenance Operation Plan, pursuant to Paragraph 48, per day: Period ofNon-Compliance 

### Ist through 

### 30th day after deadline 

### 3Ist through 

### 60th day after deadline Beyond 

### 60th day after deadline 

### I. Requirements for Flaring Devices Penaltv per day 

### $500 $I,500 $2,000

I62. For failure to comply with applicable NSPS Subparts A and Ja requirements, at the flares listed on Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") after the date on which HOVENSA has accepted NSPS applicability, as set forth in Paragraphs 49 and 

### 50, per Flaring Device: Period ofNon-Compliance 

### 1st through 

### 30th day after deadline 

### 31st through 

### 60th day after deadline Beyond 

### 60th day after deadline Penaltv per day 

### $500 $1,500 $2,000 163. For failure to submit the NSPS Subparts J/Ja compliance certification as required by Paragraph 

### 52, perFlaring Device: Period ofDelay 

### 1st through 

### 30th day 

### 31st through 

### 60th day Penaltv per day 

### $500 $1,500

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Beyond 60th day $2,000 J. Requirements for Benzene Waste NESHAP Program 164. For violations ofthe Paragraphs identified below, the amounts defined shall apply.
a. Failure to conduct audit or compliance review and verification required by Paragraphs 79 and 82: $5,000 per month per review/audit. b. Failure to sample as required by Paragraph 88: $2,500 perweek, per stream or $15,000 per quarter, per stream (whichever amount is greater, but not to exceed $75,000 per quarter).
c. Failure to install carbon canister as required by Paragraph 81: $1,000 per day per canister. d. Failure to replace carbon canister as required by Paragraph 81: $1,000 per day per canister.
e. Failure to perform monitoring as required by Paragraph 81: $500 per monitoring event. f. Failure to provide the training as required by Paragraph 84: $10,000 per quarter. 

### g. Ifit is discovered by an EPA or territorial investigator or inspector, or their agent, that HOVENSA failed to include all benzene waste streams in its TAB, in accordance with Paragraph 79, for each waste stream that is:

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Less than 0.03 Mg/yr $250 per stream Between 0.03 and 0.1 $1,000 per stream Mg/yr Between 0.1 Mg/yr and $5,000 per stream 0.5 Mg/yr Greater than 0.5 Mg/yr $10,000Rer stream h. Failure to monitor API separators as specified in Paragraph 93: $100 per missed monitoring location. i. Failure to monitor API separators quarterly ifthe leak rate exceeds one (1) percent, as specified in Subparagraph 93.a.iii.(2): $10,000 per separator. 

### K. Requirements for Leak Detection and Repair Program 165. Requirements for Leak Detection and Repair Program (Section V.R):
a. Failure to have the written LDAR program as required by Paragraph 103: $3,500 per week. b. Failure to provide the training required by Paragraph 105: $10,000 per quarter.
c. Failure to implement the requirements ofParagraph 106 (Audits): $5,000 per month per audit. d. Failure to implement the requirements ofParagraph 109 (Leak Definitions): $100 per component, up to $10,000 per month per process unit.
e. Failure to implement the requirements ofParagraph 112 (Valve Preventative Maintenance Program): i. For failure to perform and record external valve or stuffing box surveys according to Paragraph 112: $300 per survey.

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ii. For failure to install new or replacement valves with packing and/or valve technology and record information as required under Subparagraph 112.c: $300 per valve. iii. For failure to repack/replace to the extent required by Subparagraph 112.b, and record relevant information on valves which leaked above applicable leak definitions, and which were determined to be in poor condition according to the external valve survey (ifperformed) under Subparagraph 112.a: $1200.
IV. For failure to repack/replace as required by Subparagraph 112.b, and record required information on valves which leaked above applicable leak definitions, and which were determined to be in good condition according to the external valve survey performed under Subparagraph 112.a: $1000.
v. For failure to repack/replace as required by Subparagraph 112.b, and record required information on valves which have not leaked above applicable leak definitions, and which were determined to be in poor condition according to the external valve survey (ifperformed) under Subparagraph 112.a: $800. vi. For failure to repack/replace as required by Paragraph 112.b, and record required information on valves which have not leaked above applicable leak definitions, and which were determined to be in good condition according to the external valve survey performed under Subparagraph 112.a: $600. This provision shall only apply to a valve which has leaked above 100 ppm during the last monitoring period prior to the turnaround.



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f. Failure to implement the requirements under Subparagraphs Il3.a and Il3.b (LDAR Monitoring Frequency): $IOO per component, up to $IO,OOO per month per process unit. g. Failure to implement the requirements under Paragraphs II4 and II5 (Electronic Storage ofLDAR Data/Electronic Monitoring and Reporting ofthe LDAR Data): $5,000 per month per process unit. h. Failure to implement the requirements under Paragraph II7 (LDAR Personnel): $3,750 per week. i. Failure to implement the requirements under Paragraph II6 (QA/QC of LDAR Data): $I,OOO per event. 

### j. Failure to implement the requirements under Paragraphs II9 and I20 (Calibration/Calibration Drift Assessment): $100 per missed event per day. k. Failure to implement the requirements under Paragraph I2I (Extended Maintenance and Delay ofRepair): Subparagraph I2l.a: $1000 per component; Subparagraph I2l.b: $2500 per component; Subparagraph I2l.c: $5,000 per component. 

### 1. If, after the initial audit required under Subparagraph I06.a., an EPA or territorial investigator or inspector, or their agent, discovers that HOVENSA failed to include a component in the LDAR program for monitoring within I20 Days ofdocumented date of installation: $I500 per component.
m. If, after the initial audit required under Subparagraph I06.a, HOVENSA discovers that it failed to include a component in the LDAR program for monitoring within I20 Days ofdocumented date ofinstallation: $I75 per component.

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n. Failure to correctly perform EPA Test Method 21 (or the alternate leak detection method pursuant to Paragraph 1 04), as indicated by the leak percentage ratio determined through comparative monitoring and calculated as described in Paragraph 107, provided the auditor identified at least three (3) leaking valves in the process unit: Ratio process unit valve leak Stipulated Penalty for percentage to average valve leak 4-monitoring periods, percentage reported for process unit per process unit (Paragraph 1 07) 3.0 $15,000 4.0 $30,000 5.0 $45,000 6.0 or greater $60,000
o. For failure to comply with Paragraph 102: Period of Penalty per Day Delay 1st day through 30m $50 day after deadline 31st day through 60m $500 day after deadline Beyond 60m day $1,000 after deadline
p. Failure to comply with the requirements of40 C.F.R. Part 60, Subpart GGG, as required in Paragraph 101 within three (3) years after the Date ofLodging: Period ofNon-Compliance Penalty per day 1st through 30m day $625 31st through 6010 day $1,500 Beyond 60m day $2,500 or an amount equal to 1.2 times the economic benefit ofdelayed compliance whichever is greater.



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L. Requirements to Incorporate Consent Decree Requirements into FederallyEnforceable Permits

127: 166. For each failure to submit an application as required by Paragraphs 

### 124, 125 and

Period ofDelay I

### st day through 

### 30th day after deadline 

### 31st day through 

### 60th day after deadline Beyond 

### 60th day after deadline Penalty per day 

### $1,000 $2,500 $5,000
M. Requirements Related to Territorial Supplemental Environmental Project 167. For failure to comply with any requirement for the Supplemental Environmental Project under Part IX (Territorial Supplemental Environmental Project), per requirement, per day: Period ofDelay I

### st day through 

### 30th day after deadline 

### 31st day through 

### 60th day after deadline Beyond 

### 60th day after deadline Penalty per day 

### $1,000 $2,500 $5,000 Such stipulated penalties shall be paid to the Virgin Islands. 

### N. Requirements for Monitoring, Reporting and Recordkeeping 168. For failure to install, certify, calibrate, maintain and/or operate a CEMS or PEMS,
as required by Paragraphs 

### 12, 14, 21, per day: Period ofDelay I

### st through 

### 30th day after deadline 

### 31st through 

### 60th day after deadline Beyond 

### 60th day after deadline Penalty per day 

### $500 $1,000 $2,000 or an amount equal to 

### 1.2 times the economic benefit ofdelayed compliance, whichever is greater 

### 169. For failure to conduct PM testing or comply with performance testing required by Paragraph 

### 16:

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Period ofNon-Compliance 1st day through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline Penalty per day $200 $500 $1,000 170. For failure to comply with NSPS Subparts A and 

### J monitoring requirements at the Sulfur Recovery Plants, as specified in Paragraphs 44 and 45, per day: Period ofNon-Compliance 1st day through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline Penalty per day $500 $1,500 $2,000 171. For failure to submit reports as required by Part X (Reporting and Recordkeeping), per report, per day: Period ofNon-Compliance 1st day through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline Penalty per day $500 $1,000 $2,000 172. For failure to submit any written deliverable required by this Consent Decree, per deliverable, per day: Period ofDelay 1st through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline 

### 0. Requirements to Pay Civil Penalty Penalty per day $200 $500 $1,000

173. For failure to make any civil penalty payment required by Part XI (Civil Penalty) HOVENSA shall be liable for: $15,000 per day, and interest on the amount overdue at the rate specified in 28 U.S.C. 

### § 1961(a).

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P. Requirement to Pay Stipulated Penalties 174. For failure to pay or escrow stipulated penalties as required by Paragraphs 176 and 177: $2,500 per day, per penalty, plus interest on the amount overdue at the rate specified in 28 U.S.C. 

### § 1961(a). Q. 

### Requirements for Coker 175. For failure to comply with the interim depressurization level for the Coker, as specified in Subparagraph 132.a, or when applicable the final depressurization level, as specified in Subparagraph 132.b, per day: Period ofNon-Compliance 1st through 30th day 31st through 60th day Over 60 days Penalty per day $1,000 $2,000 $3,000 or an amount equal to 1.2 times the economic benefit ofnon-compliance, whichever is greater R. 

### General Provisions Related to Stipulated Penalties 176. Payment ofStipulated Penalties. Stipulated penalties under this Part will begin to
accrue on the day after performance is due or on the day a violation occurs, whichever is applicable, and will continue to accrue until performance is satisfactorily completed or until the violation ceases. HOVENSA shall pay stipulated penalties upon written demand by the United States (or by the Virgin Islands pursuant to Paragraph 167) no later than sixty (60) Days after HOVENSA receives such demand. Stipulated Penalties shall be paid to the United States or the Virgin Islands (as applicable) in the manner set forth in Part XI (Civil Penalty). A demand for the payment ofstipulated penalties will identify the particular violation(s) to which the stipulated penalty relates, the stipulated penalty amount for each violation (as can be best estimated), the calculation method underlying the demand, and the grounds upon which the demand is based.



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The United States may, in its unreviewable discretion, waive payment ofall or any portion of stipulated penalties that may accrue under this Consent Decree. 177. Stipulated Penalty Dispute. Should HOVENSA dispute the United States' or the Virgin Islands' demand for all or part ofa stipulated penalty, it may avoid the imposition ofa stipulated penalty for failure to pay a stipulated penalty under Paragraph 176 by placing the disputed amount demanded in a commercial escrow account pending resolution ofthe matter and by invoking the dispute resolution provisions ofPart XVI (Retention ofJurisdiction/Dispute .< Resolution) within the time provided in Paragraph 176 for payment ofstipulated penalties. Ifthe dispute is thereafter resolved in HOVENSA's favor, the escrowed amount plus accrued interest shall be returned to HOVENSA; otherwise, EPA shall be entitled to the amount that was determined to be due by the Court, plus the interest that has accrued in the escrow account on such amount. The United States and the Virgin Islands reserve the right to pursue any other nonmonetary remedies to which they are legally entitled, including, but not limited to, injunctive relieffor HOVENSA's violations ofthis Consent Decree. 178. Where a violation ofthis Consent Decree is also a violation ofthe Clean AirAct, its regulations, or a federally-enforceable Territorial law, regulation, or permit, the United States will not seek civil penalties where it already has demanded and secured stipulated penalties from HOVENSA for the same violations nor will the United States demand stipulated penalties from HOVENSA for a Consent Decree violation ifthe United States has commenced litigation under the Clean Air Act for the same violations. Where a violation ofthis Consent Decree is also a violation ofTerritorial law, regulation, or a permit, VIDPNR will not seek civil penalties where it already has demanded and secured stipulated penalties from HOVENSA for the same

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violations, nor will VIDPNR demand stipulated penalties from HOVENSA for a Consent Decree violation ifVIDPNR has commenced litigation under the Clean Air Act for the same violations. 

### XIII. INTEREST 179. HOVENSA shall be liable for interest on the unpaid balance ofthe civil penalty specified in Part XI (Civil Penalty), and/or interest on any unpaid balance ofstipulated penalties to be paid in accordance with Part XII (Stipulated Penalties). All such interest shall accrue at the rate established pursuant to 28 U.S.C. 

### § 1961(a)- i.e., a rate equal to the coupon issue yield equivalent (as determined by the Secretary ofTreasury) ofthe average accepted auction price for the last auction of52-week U.S. Treasury bills settled priorto the Date ofLodging. Interest shall be computed daily and compounded annually. Interest shall be calculated from the date payment is due through the date ofactual payment. Forpurposes ofthis Paragraph, interest will cease to
accrue on the amount ofany stipulated penalty payment placed into an interest bearing escrow account as provided by Paragraph 177 (Stipulated Penalties Dispute). 

### XIV. RIGHT OFENTRY 180. Any authorized representative ofEPA or VIDPNR, upon presentation of credentials, shall have a right ofentry upon the premises ofthe facilities ofthe Refinery at any reasonable time for the purpose ofmonitoring compliance with the provisions ofthis Consent Decree, including inspecting plant equipment and systems, and inspecting and copying all records maintained by HOVENSA pursuant to this Consent Decree or deemed necessary by EPA
or VIDPNR to verify compliance with the Decree. Except where othertime periods are specifically noted in this Consent Decree, HOVENSA shall retain such records for the period of this Consent Decree. Nothing in this Consent Decree shall limit the authority ofEPA or

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VIDPNR to conduct tests, inspections, or other activities under any statutory or regulatory authority. 

### XV. FORCE MAJEURE 181. For purposes ofthis Consent Decree, a "Force Majeure Event" shall mean an event that has been or will be caused by circumstances beyond the control ofHOVENSA, or any contractor or other entity controlled by HOVENSA, that delays compliance with any provision ofthis Consent Decree orcauses a violation ofany provision ofthis Consent Decree despite HOVENSA's best efforts to fulfill the obligation. "Best efforts to fulfill the obligation" include using best efforts to anticipate any potential Force Majeure Event and all reasonable efforts to address the effects ofany such event (a) as it is occurring and (b) after it has occurred, such that the delay or violation is minimized to the greatest extent possible. "Force Majeure" does not include HOVENSA's financial inability to perform any obligation under this Consent Decree. 182. Notice ofForce Majeure Events. Ifany event occurs or fails to occur that may delay compliance with or otherwise cause a violation ofany obligation under this Consent Decree, as to which HOVENSA intends to assert a claim ofForce Majeure, HOVENSA shall notify the United States and VIDPNR in writing as soon as practicable, but in no event later than twenty (20) business days following the date HOVENSA first knew, orby the exercise ofdue diligence should have known, that the event caused ormay cause such delay or violation. If HOVENSA learns subsequent to its execution ofthe Consent Decree that impacts associated with the more stringent N02 or S02NAAQS orPM-2.5 memorandum will ormay cause delay or violation ofany obligation under the Consent Decree, to which HOVENSA intends to assert a claim ofForce Majeure, HOVENSA shall notify the United States and VIDPNR in writing, by the later ofthe two following dates: (1) within ten (10) business days ofthe Date ofEntry; or (2)

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within ten (10) business days ofthe date when HOVENSA first knew or should have known by the exercise ofdue diligence that the relevant impact associated with the more stringent N02 or S02NAAQS or PM-2.5 memorandum will or may cause delay or impediment to performance in compliance with any provision ofthe Consent Decree. In any notice provided pursuant to either ofthe preceding two sentences, HOVENSA shall reference this Paragraph and describe the anticipated length oftime that the delay or violation may persist, the cause or causes ofthe delay
or violation, all measures taken or to be taken by HOVENSA to prevent or minimize the delay or violation, the schedule by which HOVENSA proposes to implement those measures, and HOVENSA's rationale for attributing a delay or violation to a Force Majeure Event. HOVENSA shall adopt all reasonable measures to avoid or minimize such delays or violations. HOVENSA shall be deemed to know ofany circumstance ofwhich HOVENSA, or any contractor or other entity controlled by HOVENSA, knew or should have known. 183. Failure to Give Notice. IfHOVENSA materially fails to comply with the notice requirements ofthis Part, the United States may void HOVENSA's claim for Force Majeure as to the specific event for which HOVENSA has failed to comply with such notice requirement. 184. Plaintiffs' Response. The United States, after an opportunity to consult with the Virgin Islands, shall notify HOVENSA in writing regarding its claim ofForce Majeure as soon
as reasonably practicable. Ifthe United States agrees that the delay in performance has been or will be caused by a Force Majeure Event, the United States and HOVENSA shall stipulate to an extension ofdeadlines(s) for performance ofthe affected Consent Decree requirement(s) by a period equal to the delay actually caused by the event (taking into account additional work HOVENSA may be required to perform due to the more stringent N02 or S02 NAAQS or PM2.5 memorandum), orto the extent to which HOVENSA may be relieved ofstipulated penalties

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or other remedies provided under the terms ofthis Consent Decree. Such agreement shall be reduced to writing, and signed by the Parties. Ifthe agreement results in a material change to the terms ofthis Consent Decree, an appropriate modification shall be made pursuant to Paragraph 228 (Modification). Ifsuch change is not material, no modification ofthis Consent Decree shall be required. 185. Disagreement. Ifthe United States does not accept HOVENSA's claim ofForce Majeure, or ifthe Parties cannot agree on the length ofthe delay actually caused by the Force Majeure Event, orthe extent ofreliefrequired to address the delay actually caused by the Force Majeure Event, the matter shall be resolved in accordance with Part XVI (Retention of Jurisdiction/Dispute Resolution). 186. Burden ofProof. In any dispute regarding Force Majeure, HOVENSA shall bear the burden ofproving that any delay in performance or any other violation ofany requirement of this Consent Decree was caused by or will be caused by a Force Majeure Event. HOVENSA shall also bear the burden ofproving that it gave the notice required by this Section and the burden ofproving the anticipated duration and extent ofany delay(s) attributable to a Force Majeure Event. An extension ofone compliance date based on a particular event may, but does not necessarily, result in an extension ofa subsequent compliance date. 187. Events Excluded. Unanticipated or increased costs orexpenses associated with the performance ofHOVENSA's obligations under this Consent Decree shall not constitute a Force Majeure Event. 188. Potential Force Majeure Events. Provided HOVENSA satisfied all requirements in Paragraphs 181 to 186 and otherthan as provided in Paragraph 187, the Parties agree that the kinds ofevents listed below are among those that could qualify as Force Majeure within the

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meaning ofthis Part: construction, labor, or equipment delays; Malfunction ofan emissions unit
or emission control device; unanticipated fuel supply or pollution control reagent/catalyst delivery interruptions; acts ofGod; and acts ofwar or terrorism. Depending upon the circumstances and HOVENSA's response to such circumstances, failure ofa permitting authority to issue a necessary permit in a timely fashion may constitute a Force Majeure Event where the failure ofthe permitting authority to act is beyond the control ofHOVENSA and HOVENSA has taken all steps available to it to obtain the necessary permit, including, but not limited to: submitting a complete permit application; responding to requests for additional information by the permitting authority in a timely fashion; and accepting lawful permit terms and conditions after exhausting any legal rights to appeal terms and conditions imposed by the permitting authority. 189. As part ofthe resolution ofany matter submitted to this Court under Part XVI (Retention ofJurisdiction/Dispute Resolution) regarding a claim ofForce Majeure, the Parties (by agreement), orthe Court (by order), may in appropriate circumstances only extend the schedule for completion ofwork under this Consent Decree to account for the delay in the work that occurred as a result ofany delay agreed to by the Parties or approved by the Court. HOVENSA shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended ormodified schedule (provided that HOVENSA shall not be precluded from making a further claim ofForce Majeure with regard to meeting any such extended ormodified schedule). 

### XVI. RETENTION OFJURISDICTION/DISPUTE RESOLUTION 190. This Court shall retainjurisdiction ofthis matter for the purposes ofimplementing and enforcing the terms and conditions ofthis Consent Decree and adjudicating all disputes



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between the United States, the Virgin Islands and HOVENSA that may arise under the provisions ofthis Consent Decree until the Decree terminates in accordance with Part XIX (Termination). 191. The dispute resolution procedure set forth in this Part shall be available to resolve any and all disputes arising under this Consent Decree, provided that the Party making such application has made a good faith attempt to resolve the matter with the other Party. 192. The dispute resolution procedure required herein shall be invoked by one Party giving to the other written notice ofa dispute pursuant to this Part. The notice shall describe the nature ofthe dispute, and shall state the noticing Party's position with regard to such dispute. The Party receiving such a notice shall acknowledge receipt ofthe notice and the Parties shall expeditiously schedule a meeting to discuss the dispute informally no later than thirty (30) Days from the receipt ofsuch notice. 193. Disputes submitted to dispute resolution shall, in the first instance, be the subject ofinformal negotiations between the Parties. Such period ofinformal negotiations shall not extend beyond ninety (90) Days from the date ofthe first meeting between representatives ofthe Parties, unless the Parties agree in writing that this period should be extended. 194. In the event that the Parties are unable to reach agreement during the informal negotiation period pursuantto Paragraph 193, the United States or the Virgin Islands, as applicable, shall provide HOVENSA with a written summary ofits position regarding the dispute. The position advanced by the United States orthe Virgin Islands, as applicable, shall be considered binding unless, within forty-five (45) Days ofHOVENSA's receipt ofthe written summary ofthe United States' orthe Virgin Islands' position, HOVENSA files with the Court a petition that describes the nature ofthe dispute. The United States orthe Virgin Islands shall

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respond to the petition within sixty (60) Days ofthe petition's filing. The Court shall decide all disputes pursuant to applicable principles oflaw for resolving such disputes. In their initial filings with the Court under this Paragraph, the disputing Parties shall state their respective positions as to the applicable standard oflaw for resolving the particular issue or issues in dispute.195. In the event that the United States and the Virgin Islands make differing determinations ortake differing action that affect HOVENSA's rights or obligations under this Consent Decree, the final decision ofthe United States shall take precedence. 196. Where the nature ofthe dispute is such that a more timely resolution ofthe issue is required, the time periods set forth in this Part may be shortened upon motion ofone ofthe Parties. 197. The Parties do not intend that the invocation ofthis Part by a Party cause the Court to draw any inferences orestablish any presumptions adverse to eitherParty. 198. As part ofthe resolution ofany dispute under this Part, the Parties, by agreement,
orthe Court, by order, may, in appropriate circumstances, extend ormodify the schedule for completion ofwork under this Consent Decree to account for the delay in the work that occurred
as a result ofthe dispute resolution process. HOVENSA shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended or modified schedule. 

### XVD. EFFECT OF SETTLEMENT 199. Definitions. Forpurposes ofthis Part, the following definitions apply:
a. "Applicable NSRIPSD Requirements" shall mean:

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1. PSD requirements at Part C ofSubchapter I ofthe Act, 42 U.S.C. § 7475, and the regulations promulgated thereunder at 40 C.P.R.§§ 52.21 and 51.166; the portions ofthe applicable SIP and related rules adopted as required by 40 C.P.R.§§ 51.165 and 51.166; ii. Any Title V regulations that implement, adopt, or incorporate the specific regulatory requirements identified above; any applicable federallyenforceable territorial regulations that implement, adopt, or incorporate the specific federal regulatory requirements identified above; any Title V permit provisions that implement, adopt, or incorporate the specific regulatory requirements identified above; and
m. Any applicable territorial laws or regulations that implement, adopt, or incorporate the specific federal regulatory requirements identified above regardless ofwhether such laws or regulations have been formally approved by EPA as part ofthe applicable State Implementation Plan. b. "Applicable NSPS Subparts A and J Requirements" shall mean the standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.P.R. §§ 60.100 through 60.109 (Subpart J) relating to a particular pollutant and a particular affected facility, and the corollary general requirements found at 40 C.P.R.§§ 60.1 through 60.19 (Subpart A) that are applicable to any affected facility covered by Subpart J. This term shall also include the requirements of 12 VIRR Section 204-45, "Standards ofPerformance for Sulfur Recovery Units at Petroleum Refineries."
c. "Applicable NSPS Subparts A and Ja Requirements" shall mean the standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.P.R.

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§ 60.100a through 60.109a (Subpart Ja) relating to a particular pollutant and a particular affected facility, and the corollary general requirements found at 40 C.F.R. 

### §§ 60.1 through 60.19 (Subpart A) that are applicable to any affected facility covered by Subpart Ja. d. "Applicable NSPS Subparts A and D Requirements" shall mean the standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F.R. 

### §§ 60.40 through 60.46 (Subpart D) relating to a particular pollutant and a particular affected facility, and the corollary general requirements found at 40 C.F.R. 

### §§ 60.1 through 60.19 (Subpart A) that are applicable to any affected facility covered by Subpart D.
e. "Applicable NSPS Subparts A and GG Requirements" shall mean the standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F.R. 

### §§ 60.330 through 60.335 (Subpart GG) relating to a particular pollutant and a particular affected facility, and the corollary general requirements found at 40 C.F.R. 

### §§ 60.1 through 60.19 (Subpart A) that are applicable to any affected facility covered by Subpart GG. f. "Applicable NSPS Subparts A and QQQ Requirements" shall mean the standards, monitoring, testing, reporting, and recordkeeping requirements found at 40 C.F.R. 

### §§ 60.590 through 60.593 (Subpart QQQ) relating to a particular pollutant and a particular affected facility, and the corollary general requirements found at 40 C.F.R. 

### §§ 60.1 through 60.19 (Subpart A) that are applicable to any affected facility covered by Subpart QQQ. g. "Benzene Waste NESHAP Requirements" shall mean the requirements imposed by the National Emission Standard for Benzene Waste Operations, 40 C.F.R. Part 61, Subpart FF, and any applicable territorial regulations that implement, adopt or incorporate the Benzene Waste NESHAP.

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h. "Delayed Coker Unit Project" or "Coker Project" shall be the equipment that was newly constructed ormodified between August 19, 1999 and May 8, 2002 as follows: Coker Unit process equipment and associated gas plant, process heaters, H-8501 and H-8502, BoilerNo. 10, No. 7 Amine, No. 6 Sour Water Stripper, sour watertank, pitch storage tank, desalter eftluent water tank, coke cutting watertank, coke pit, Nos. 1 and 2 Sulfur Recovery Plants and associated No. 1 Beavon, the process equipment located in the No. 

### 5 Crude, No. 3 Vacuum, No.3 Crude, No.1 Vacuum, No.1 Visbreaker, and Numbers. 2, 4, 6, and 7 Distillate Desulfurizing Units, and outside battery limit modifications to the terminal, tank farm and blending equipment. i. "FCCU" shall include the riser, reactor, regenerator, air blower, spent catalyst stripper, catalyst recovery equipment, regenerator equipment for controlling air pollutant emissions, flue gas cooler, and the fractionator, its overhead condenser and associated wet gas compressor. j. "HOVENSA" shall include HOVENSA L.L.C. and its predecessors in interest, except with respect to Paragraph 206. k. "LDAR Requirements" shall mean the requirements relating to equipment in light liquid service and gas/vapor service set forth at 40 C.F.R. Part 60, Subpart GGG; 40 C.F.R. Part 61, Subparts 

### J and V; and 40 C.F.R. Part 63, Subparts F, Hand CC; and any applicable territorial regulations or State Implementation Plan requirements that implement, adopt or incorporate those federal regulations or set similar standards. 

### I. "Post-Lodging Compliance Dates" shall mean any dates in this Part after**;~**..' the Date ofLodging. Post-Lodging Compliance Dates include dates certain (e.g., "December 31, 2007"), dates after Lodging represented in terms of"months after Lodging"

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(e.g., "12 months after the Date ofLodging"), and dates after Lodging represented by actions taken (e.g., "Date ofCertification"). The Post-Lodging Compliance Dates represent the dates by which work is required to be completed or an emission limit is required to 

### be met under the applicable provisions ofthis Consent Decree. 200. Liability Resolution Regarding the Applicable NSRIPSD Requirements. With respect to emissions ofthe following pollutants from the following units, entry ofthis Consent Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands: (1) for violations ofthe Applicable NSRIPSD Requirements resulting from the construction or modification ofthe following units that occurred prior to the Date ofLodging, and that commenced and ceased prior to the Date ofLodging; and (2) for any violations ofthe Applicable NSRIPSD Requirements resulting from pre-Lodging construction ormodification ofthe following units, that commenced priorto the Date ofLodging and continued up to the following dates: Unit Pollutant Date FCCU NOx Date ofEntry so2 Date ofEntry PM Date ofEntry Heaters, boilers, NOx Eight (8) years from Generating Turbines, Date ofEntry and Compressor Engines so2 Date ofEntry Coker Project H2S December 31, 2012 The limits for VOC, CO, H2S, NOx, S02, PM, PM-10, PM 2.s and TRS contained in VIDPNR Permit STX-557A-E-02 for the Coker Project were intended to limit the emissions ofthese pollutants for purposes ofavoiding permitting pursuant to 40 C.F.R. §52.21. Section VIlLA establishes injunctive reliefto resolve EPA's September 18, 2007 NOV, CAA-02-2007-1313, issued to HOVENSA. HOVENSA may seek relaxation ofthe emissions limits in Permit

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STX-557A-E 02 pertaining to VOC, CO, H2S, NOx, S02, PM-10, PM, PM-2.5, or TRS upon compliance with the interim limit for the Coker Steam Vents as specified in Subparagraph 132.a and with the interim limit for Beavon Unit #1 as specified in Appendix H ("Additional Coker Project Injunctive Relief'), and all other injunctive reliefspecified in Appendix H. Such relaxations will not be deemed to constitute a major modification to the Refinery within the meaning of40 C.F.R. §52.21(r)(4) and the requirements ofSubparagraphs (j) through (s) of 40 C.F.R. §52.21 shall not apply by virtue ofsuch relaxations. 201. Conditional Resolution ofLiability for CO Emissions Under the Applicable NSRIPSD Requirements. With respect to emissions ofCO from the Refinery FCCU, ifand when HOVENSA accepts an emissions limit pursuant to Paragraph 19 and demonstrates compliance using CEMS at the Refinery FCCU, then all civil liability ofHOVENSA to the United States and the Virgin Islands shall be resolved for violations ofthe Applicable NSRIPSD Requirements relating to CO emissions at the Refinery FCCU resulting from pre-Lodging construction ormodification ofthe Refinery FCCU that either ceased prior to the Date of Lodging or continued up to the date on which HOVENSA demonstrates compliance with such CO emissions limit. 202. Reservation ofRights Regarding Applicable NSRIPSD Requirements: Release for Violations Continuing After the Date ofLodging Can Be Rendered Void. Notwithstanding the resolution ofliability in Paragraphs 199, 200 and 201, the releases ofliability by the United States and the Virgin Islands to HOVENSA for violations ofthe Applicable NSRIPSD Requirements during the period between the Date ofLodging and the Post Lodging Compliance Dates shall be rendered void ifHOVENSA materially fails to comply with the corresponding obligations and requirements ofPart V (Affirmative Relief/Environmental Projects}, Sections

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V.A through V.E (relating to the FCCU), Sections V.F through V.H (relating to heaters, boilers, Generating Turbines and Compressor Engines), and Part VIII (Additional Injunctive Relief), Sections VIlLA and VIILB (relating to the Delayed Coker Unit), provided, however, that the releases in Paragraphs 199, 200, and 201 shall not be rendered void ifHOVENSA remedies such material failure and pays any stipulated penalties due as a result ofsuch material failure. 203. Exclusions from Release Coverage Regarding Applicable NSRIPSD Requirements: Construction and/or Modification Not Covered. Notwithstanding the resolution ofliability in Paragraphs 199, 200, and 201, nothing in this Consent Decree precludes the United States or the Virgin Islands from seeking injunctive relief, penalties, or other appropriate relief from HOVENSA for violations by HOVENSA ofthe Applicable NSR/PSD Requirements resulting from: (i) construction or modification that commenced prior to the Date ofLodging, if the resulting violations relate to pollutants or units not covered by the Consent Decree; or (ii) any construction or modification that commences after the Date ofLodging. 204. Evaluation ofApplicable NSRIPSD Requirements. Increases in emissions from units covered by this Consent Decree, where the increases result from the Post-Lodging construction or modification ofany units within the Refinery, are beyond the scope ofthe release in Paragraphs 199, 200 and 201, and HOVENSA is not relieved from any obligation to evaluate any such increases in accordance with the Applicable NSRIPSD Requirements. 205. Resolution ofLiability Regarding Applicable NSPS Requirements. With respect to emissions ofthe following pollutants from the following units, entry ofthis Consent Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands for violations ofthe applicable NSPS Subparts listed below from the date that the Pre-Lodging



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claims ofthe United States and the Virgin Islands accrued up to the specified Post-Lodging Compliance Date:

Unit Applicable Pollutant Date Subpart**~ ~**  FCCU AandJ SOz, CO, and Date ofLodging PM PM (opacity Date ofAMP approval monitoring receipt (see Paragraph 22) requirements) FCCU Turboexpander Vents AandJ SOz,CO,PM Date ofLodging (opacity) All fuel gas combustion A, J and Ja, SOz Dates listed in Appendix C devices listed in Appendix C as ("NSPS Subpart J or Ja ("NSPS Subpart J orJa applicable Compliance Schedule for Compliance Schedule for Listed Fuel Gas Combustion Listed Fuel Gas Combustion Devices (Other than Flaring Devices (Other than Flaring Devices)") Devices)") Flaring Devices A, J, and Ja SOz Dates listed in Appendix D ("List ofFlaring Devices Subject to NSPS Subparts J/Ja") East Side SRP A, J and Ja SOz and TRS April1, 2015 West Side SRP A, Jand Ja S02 and TRS December 31, 2011 Generating Turbines 1-8 AandGG NOxand SOz Five (5) years from Date of

-**~** Entry Generating Turbine 9 AandGG NOxand SOz Date ofEntry Boilers 5, 8, and 9 AandD NOx, SOz, and July 31,2012 (or 12/31/2015 PM for Boiler 5 ifreplaced) The FCCU and Coker Drain AandQQQ 

## voc June 30, 2011 Systems



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206. Reservation ofRights Regarding Applicable NSPS Requirements: Release for Violations Continuing After the Date ofLodging Can Be Rendered Void. Notwithstanding the resolution ofliability in Paragraph 205, the releases ofliability by the United States and the Virgin Islands to HOVENSA for violations ofthe applicable NSPS Subparts listed in Paragraph 205 shall be rendered void ifHOVENSA fails to comply with the obligations and requirements ofParts V (Affirmative Relief/Environmental Projects), VI (Permitting) and VIII (Additional Injunctive Relief) (relating to NSPS requirements); provided, however, that the releases in Paragraph 205 shall not be rendered void ifHOVENSA remedies such failure and pays any stipulated penalties due as a result ofsuch failure. 207. Resolution ofLiability for Coker Project. Entry ofthis Consent Decree shall resolve all civil and administrative liability, commencing with the beginning ofconstruction of the Coker Project through completion ofthe injunctive reliefrequired pursuant to Paragraphs 132 through 134, ofHOVENSA to the United States and Virgin Islands for the following:
a. EPA's November 22,2006 NOV, CAA-02-2007-1303, issued to HOVENSA for alleged violations arising under HOVENSA's Coker Operating Permit STX-557A-E-02, and HOVENSA's written notification dated January 9, 2008, to the Virgin Islands ofcalculated exceedances on January 2, 2008, ofCoker Process Heater (B) ofPM and VOC limits in the Coker Operating Permit; b. The findings ofviolation in Paragraphs 49 through 55 ofEPA's September 18, 2007 NOV, CAA-02-2007-1313, issued to HOVENSA, and any other violations ofthe permitting regulations cited in Paragraphs 49 through 55 oftheNOV with respect to the Coker Project; and

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c. EPA's March 20,2007 Compliance Order, CAA-02-2007-1004, as amended on AprilS, 2007 by Compliance Order, CAA-02-2007-1004a, arising from HOVENSA's alleged failure to provide complete responses to EPA's December 21,2006 Information Request Letter, issued pursuant to 

### § 114 ofthe Clean Air Act. 208. Resolution ofLiability Regarding Benzene Waste NESHAP Requirements. Entry ofthis Consent Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands for violations ofthe statutory and regulatory requirements set forth below in Subparagraphs a.- c. that (i) commenced and ceased priorto the Date ofLodging, or (ii) commenced prior to the Date ofLodging and continued past the Date ofLodging, provided that the events giving rise to such post-Lodging violations are identified by HOVENSA in its Initial Compliance Audit Report submitted pursuant to Paragraph 79 and corrected by HOVENSA as required under Paragraph 80.
a. Benzene Waste NESHAP. The National Emission Standard for Benzene Waste Operations, 40 C.F.R. Part 61, Subpart FF, promulgated pursuant to Section 112(e) ofthe Act, 42 U.S.C. 

### § 7412(e), including any federal regulation that adopts or incorporates the requirements ofSubpart FF by express reference, but only to the extent ofsuch adoption or incorporation; b. Any applicable, federally-enforceable permits orterritorial regulations that implement, adopt, or incorporate the specific federal regulatory requirements identified in Subparagraph .a. 

### c. Any applicable territorial regulations enforceable by the Virgin Islands that implement, adopt, or incorporate the specific federal regulatory requirements identified in Subparagraph a.

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209. Resolution ofLiabilitv Regarding LDAR Requirements. Entry ofthis Consent Decree shall resolve all civil liability ofHOVENSA to the United States and the Virgin Islands for violations ofthe statutory and regulatory requirements set forth below in Subparagraphs a - c. that (i) commenced and ceased prior to the Date ofLodging, or (ii) commenced prior to the Date ofLodging and continued past the Date ofLodging, provided that the events giving rise to such post-Lodging violations are identified by HOVENSA in its Initial Compliance Audit Report submitted pursuant to Subparagraph 106.a and corrected by HOVENSA as required under Paragraph 107:
a. LDAR Requirements. For all equipment in light liquid and gas and/or vapor service, the LDARrequirements promulgated by EPA pursuant to Sections Ill and 112 of the Clean Air Act and codified at 40 C.P.R. Part 60, Subparts VV and GGG, 40 C.P.R. Part 61, Subparts J and V, and 40 C.P.R. Part 63, Subparts F, H, and CC; b. Any applicable, federally-enforceable permits or territorial regulations that implement, adopt, or incorporate the specific regulatory requirements identified in Subparagraph a; and
c. Any applicable territorial regulations or permits enforceable by the Virgin Islands that implement, adopt, or incorporate the specific regulatory requirements identified in Subparagraph a. 210. Reservation ofRights Regarding Benzene NESHAP and LDAR Requirements. Notwithstanding the resolution ofliability in Paragraphs 208 and 209, nothing in this Consent Decree precludes the United States and/or the Virgin Islands from seeking from HOVENSA injunctive and/or other equitable reliefor civil penalties for violations by HOVENSA ofBenzene Waste NESHAP and/or LDAR requirements that (i) commenced priorto the Date ofLodging



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and continued after the Date ofLodging ifHOVENSA fails to identifY and address such violations as required by Paragraphs 80 and 107, or (ii) commenced after the Date ofLodging. 211. Audit Policy. Nothing in this Consent Decree is intended to limit or disqualifY HOVENSA, on the grounds that information was not discovered and supplied voluntarily, from seeking to apply EPA's Audit Policy to any violations or noncompliance that HOVENSA discovers during the course ofany investigation, audit, or enhanced monitoring that HOVENSA is required to undertake pursuant to this Consent Decree. 212. Claim/Issue Preclusion. In any subsequent administrative orjudicial proceeding initiated by the United States orthe Virgin Islands for injunctive relief, penalties, or other appropriate reliefrelating to HOVENSA for violations ofthe PSD/NSR, NSPS, NESHAP, and/or LDAR requirements not identified in this Part:
a. HOVENSA shall not assert, and may not maintain, in any subsequent administrative, civil, or criminal action commenced by the United States orthe Virgin Islands any defense orclaim based upon the principles ofwaiver, resjudicata, collateral estoppel, issue preclusion, orclaim-splitting. Nor may HOVENSA assert or maintain any other defenses based upon any contention that the claims raised by the United States orthe Virgin Islands in the subsequent proceeding should have been brought in the instant case. Nothing in the preceding sentences is intended to affect the ability ofHOVENSA to assert that the claims are deemed resolved by virtue ofthis Part. b. Except as set forth in Subparagraph a, the United States and the Virgin Islands may not assert or maintain that this Consent Decree constitutes a waiver or determination of, or otherwise obviates, any claim or defense whatsoever, orthat this Consent Decree



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constitutes acceptance by HOVENSA ofany interpretation or guidance issued by EPA related to the matters addressed in this Consent Decree. 213. Imminent and Substantial Endangerment. Nothing in this Consent Decree shall be construed to limit the authority ofthe United States and the Virgin Islands to undertake any action against any person, including HOVENSA, to abate or correct conditions which may present an imminent and substantial endangerment to the public health, welfare, or the environment. 

### XVIII. GENERAL PROVISIONS 214. Other Laws. Except as specifically provided by this Consent Decree, nothing in this Consent Decree shall relieve HOVENSA ofits obligations to comply with all otherwise applicable federal and territorial laws and regulations, including, but not limited to, more stringent standards. In addition, nothing in this Consent Decree shall be construed to prohibit or preventthe United States or the Virgin Islands from developing, implementing, and enforcing
more stringent standards subsequent to the Date ofLodging through rulemaking, the permit process, or as otherwise authorized or required under federal or territorial laws and regulations. Subject to Part XVII (Effect ofSettlement) and Paragraphs 149 and 216, nothing contained in this Consent Decree shall be construed to prevent or limit any power ofthe United States to seek
or obtain other remedies or sanctions available under federal or territorial statutes or regulations by virtue ofHOVENSA's violation ofthis Consent Decree or ofthe statutes and regulations upon which this Consent Decree is based, or for HOVENSA's violations ofany applicable provision oflaw. This shall include the right ofthe United States orthe Virgin Islands to invoke the authority ofthe Court to order HOVENSA's compliance with this Consent Decree in a subsequent contempt action. The requirements ofthis Consent Decree do not exempt



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HOVENSA from complying with any and all new or modified federal and/or territorial statutory
or regulatory requirements that may require technology, equipment, monitoring, or other upgrades after the Date ofLodging. 215. Startup. Shutdown. Malfunction. Notwithstanding the provisions in this Consent Decree regarding Startup, Shutdown, and Malfunction, the Decree does not exempt HOVENSA from the requirements ofterritoriallaws and regulations or from the requirements ofany permits
or plan approvals issued to HOVENSA as such laws, regulations, permits, and/or plan approvals(. may apply to Startups, Shutdowns, and Malfunctions at the Refinery. 216. Post-Permit Violations. Nothing in this Consent Decree shall be construed to prevent or limit the right ofthe United States or the Virgin Islands to seek injunctive or monetary relieffor violations oflimits that have been incorporated into permits pursuant to this Consent

.\ Decree; provided, however, that with respect to monetary relief, the United States and the Virgin Islands must elect between filing a new action for such monetary reliefor seeking stipulated penalties under this Consent Decree, ifstipulated penalties also are available for the alleged violation(s). 217. Failure ofCompliance. The United States and the Virgin Islands do not, by their consent to the entry ofthis Consent Decree, warrant or aver in any manner that HOVENSA's complete compliance with the terms ofthe Decree will result in compliance with the provisions ofthe CAA or comparable territorial statutes and regulations Notwithstanding the review or approval by EPA or VIDPNR ofany plans, reports, policies, orprocedures formulated pursuant to this Consent Decree, HOVENSA shall remain solely responsible for compliance with the terms ofthis Consent Decree, all applicable permits, and all applicable federal and territorial laws and regulations, except as provided in Part XV (Force Majeure).



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218. Changes to Law. In the event that during the life ofthis Consent Decree there is change in the statutes or regulations that provide the underlying basis for the Consent Decree such that HOVENSA would not otherwise be required to perform any ofthe obligations herein
or would have the option to undertake or demonstrate compliance in an alternative or different manner, HOVENSA may petition the Court for relieffrom any such requirements, in accordance with Rule 60 ofthe Federal Rules ofCivil Procedures ("F.R.Civ.P."). However, ifHOVENSA applies to the Court for reliefunder this Paragraph, the United States reserves the right to seek to void all orpart ofthe Resolution ofLiability reflected in Part XVII (Effect ofSettlement). Nothing in this Paragraph is intended to enlarge the Parties' rights under F.R.Civ.P. Rule 60, nor is this Paragraph intended to confer on any Party any independent basis, outside ofF.R.Civ.P. Rule 60, for seeking such relief. 219. Alternative Monitoring Plans. Pursuant to Paragraphs 22 or 35 ofthis Consent Decree, HOVENSA may submit an AMP to EPA for approval. HOVENSA shall comply with the proposed AMP pending EPA's approval or disapproval ofthe submitted AMP. Ifan AMP is not approved, then within ninety (90) Days ofHOVENSA's receipt ofdisapproval, HOVENSA will submit to EPA for approval a plan and schedule that provide for compliance with the applicable monitoring requirements as soon as practicable. Such plan may include a revised AMP application, physical or operational changes to the equipment, or additional or different monitoring. 220. Service ofProcess. HOVENSA hereby agrees to accept service ofprocess by mail with respect to all matters arising under orrelating to this Consent Decree and to waive the formal service requirements set forth in Rule 4 ofthe F.R.Civ.P. and any applicable local rules of this Court, including, but not limited to, service ofa summons. The persons identified by

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HOVENSA in Paragraph 225 (Notice) are authorized to accept service ofprocess with respect to all matters arising under or relating to this Consent Decree. 221. Post-Lodging. Pre-Entry Obligations. Obligations ofHOVENSA under this Consent Decree to perform duties after the Date ofLodging but prior to the Date ofEntry shall be legally enforceable only on or after the Date ofEntry. Liability for stipulated penalties, if applicable, shall accrue for violations ofsuch obligations, and the United States or the Virgin Islands may demand payment as provided in the Decree, provided that stipulated penalties accruing between the Date ofLodging and the Date ofEntry may not be collected unless and until this Decree is entered by the Court. 222. Costs. Each Party to this action shall bear its own costs and attorneys' fees. 223. Public Documents. All information and documents submitted by HOVENSA pursuant to this Consent Decree shall be subject to public inspection in accordance with applicable federal law, unless subject to legal privileges orprotection, or identified and supported as trade secrets or confidential business information in accordance with the applicable federal statutes orregulations. 224. Public Notice and Comment. The Parties agree to this Consent Decree and agree that this Consent Decree may be entered upon compliance with the public notice procedures set forth at 28 C.F.R. 

### § 50.7, and upon notice to the Court from the United States Department of Justice requesting entry ofthis Consent Decree. The United States reserves the right to withdraw
or withhold its consent to this Consent Decree at any time prior to the Date ofEntry ifpublic comments disclose facts or considerations indicating that this Consent Decree is inappropriate, improper, or inadequate.

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225. Notice. Unless otherwise provided herein, notifications to or communications between the Parties shall be deemed submitted on the date they are postmarked and sent by U.S. Mail or overnight mail, postage prepaid, except for notices under Part XV (Force Majeure) and Part XVI (Retention ofJurisdiction/Dispute Resolution), which shall be sent by overnight mail or by certified or registered mail, return receipt requested. Notifications to or communications mailed to HOVENSA shall be deemed to be received on the earlier of(i) actual receipt by HOVENSA or (ii) receipt ofan electronic version sent to the addressees set forth in this Paragraph. Each report, study, notification, or other communication ofHOVENSA shall be submitted as specified in this Consent Decree. Ifthe date for submission ofa report, study, notification, or other communication falls on a Saturday, Sunday, or federal or territorial holiday, the report, study, notification, or other communication will be deemed timely ifit is submitted the next Working Day. Except as otherwise provided herein, all reports, notifications, certifications, or other communications required or allowed under this Consent Decree shall be addressed as follows: As to the United States: Chief Environmental Enforcement Section Environment and Natural Resources Division U.S. Department ofJustice P.O. Box 7611 Ben Franklin Station Washington, DC 20044-7611 Reference Case No. 90-5-2-1-08229/1 Director Air Enforcement Division Office ofCivil Enforcement (2242A) Office ofEnforcement and Compliance Assurance U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, D.C. 20004

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with a hard copy to: Director Air Enforcement Division Office ofCivil Enforcement c/o Matrix New World Engineering, Inc. 120 Eagle Rock Ave., Suite 207 East Hannover, NJ 07936-3159 As to EPA Region 2: Director, Division ofEnforcement and Compliance Assistance U.S. EPA Region 2 290 Broadway, 21st Floor New York, NY 10007-1866 Director, Caribbean Environmental Protection Division U.S. EPA Region 2 Centro Europa Building, Suite 417 1492 Ponce De Leon Avenue Santurce, Puerto Rico 00907-4127 As to the United States Virgin Islands: Director, Division ofEnvironmental Protection Virgin Islands Department ofPlanning and Natural Resources 45 Mars Hill Fredricksted, St. Croix, U.S. Virgin Islands 0084-4474 and an electronic copy, in .pdfformat, to: csullivan@matrixneworld.com foley.patrick@epa.gov As to HOVENSA: HOVENSA L.L.C. c/o Environmental Director One Estate Hope Christiansted, USVI 00820 and an electronic copy, in .pdfformat, to: ccolman@hess.com Jdomike@wallaceking.com

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Any Party may change either the notice recipient or the address for providing notices to it by serving the other Party with a notice setting forth such new notice recipient or address. In addition, the nature and frequency ofreports required by this Consent Decree may be modified by mutual consent ofthe Parties. The consent ofthe United States to such modification must be in the form ofa written notification from EPA, but need not be filed with the Court to be effective. 226. Approvals. All EPA approvals or comments required under this Consent Decree shall be in writing. 227. Paperwork Reduction Act. The information required to be maintained or submitted pursuant to this Consent Decree is not subject to the Paperwork Reduction Act of 1980, 44 U.S.C. 

### § 3501 et seq. 228. Modification. This Consent Decree contains the entire agreement ofthe Parties and will not be modified by any prior oral or written agreement, representation, or understanding. Prior drafts ofthis Consent Decree will not be used in any action involving the interpretation or enforcement ofttle Consent Decree. Non-material modifications to this Consent Decree will be effective when signed by the United States and HOVENSA. The United States will file non-material modifications with the Court on a periodic basis. For purposes ofthis Paragraph, non-material modifications include, but are not limited to, modifications to the frequency ofreporting obligations and modifications to schedules that do not extend the date for compliance with emissions limitations following the installation ofcontrol equipment, provided that such changes are agreed upon in writing between the United States and HOVENSA. Material modifications to this Consent Decree will be in writing, signed by the Parties, and will be effective upon approval by the Court. Specific provisions in this Consent Decree that govern

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specific types ofmodifications shall be effective as set forth in the specific provision governing the modification. 229. Effect ofShutdown. The permanent Shutdown ofan emissions unit or equipment and the surrender ofall permits for that emissions unit or equipment shall be deemed to satisfy all requirements ofthis Consent Decree applicable to that emissions unit or equipment on and after the later of: (i) the date ofthe Shutdown ofthe emissions unit or equipment; or (ii) the date ofthe surrender ofall permits applicable to the unit or piece ofequipment. The permanent Shutdown ofthe Refinery and the surrender ofall air permits for the Refinery shall be deemed to satisfy all requirements ofthis Consent Decree applicable to the Refinery on and after the later of: (i) the date ofthe Shutdown ofthe Refinery; or (ii) the date ofthe surrender ofall air permits. 

### XIX. TERMINATION 230. Certification ofCompletion: Applicable Sections. Prior to moving for termination under Paragraph 234, HOVENSA may seek to certify completion ofone or more of the following Sections/Parts ofthe Consent Decree.
a. Sections V.A through V.E

- Fluid Catalytic Cracking Unit (including operation ofthe unit for one (1) year after completion in compliance with the emission limits established pursuant to this Consent Decree); b. Section V.F

- NOx Emissions Reductions from Heaters, Boilers, Generating Turbines and Compressor Engines (including operation ofthe relevant units for one (1) year after installation ofQualifying Controls in compliance with the Consent Decree);
c. Section V.G-**S~** Emissions Reductions from, and NSPS Applicability to Heaters, Boilers and Generating Turbines (including operation ofthe relevant units for one (1) year after completion in compliance with the emission limit set pursuant to the Consent Decree);



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d. Section V.H- Sulfur in Fuel Restrictions for Oil Burning (including operation ofthe relevant units for one (1) year after completion in compliance with the emission limit set pursuant to the Consent Decree);
e. Section V.l- Sulfur Recovery Plants (including operation ofthe relevant units for one (I) year after completion in compliance with the emission limit set pursuant to the Consent Decree); f. Sections V

### .J through V.0

- Flares; (including operation ofthe relevant units for one (1) year after completion in compliance with the emission limit set pursuant to the Consent Decree); g. Sections V.P through V.R- Benzene, NSPS QQQ, and LDAR; h. Part VIII- Additional Injunctive Relief(including operation ofthe relevant units for one (1) year after completion in compliance with the emission limit set pursuant to the Consent Decree); and 

### i. Part IX- Territorial Supplemental Environmental Project. 231. Certification ofCompletion: HOVENSA Actions. IfHOVENSA concludes that any ofthe Section(s) orPart(s) identified in Paragraph 230 have been completed, HOVENSA may submit a written report to EPA and VIDPNR describing the activities undertaken and certifying that the applicable Section(s) orPart(s) have been completed in full satisfaction ofthe requirements ofthis Consent Decree, and that HOVENSA is in substantial and material compliance with all ofthe other requirements ofthe Consent Decree. The report will contain the following statement, signed by a responsible corporate official ofHOVENSA. "I certify under penalty oflaw that this information was prepared under my direction or supervision by personnel qualified to properly gather and evaluate the information submitted. Based on my directions and after reasonable inquiry of the person(s) directly responsible for gathering the information, the information

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submitted is, to the best ofmy knowledge and belief, true, accurate and complete." 232. Certification ofCompletion: EPA Actions. Upon receipt ofHOVENSA's certification, EPA will notify HOVENSA whether the requirements set forth in the applicable Section have been completed in accordance with this Consent Decree:
a. IfEPA concludes that the requirements have not been fully complied with, EPA will notify HOVENSA as to the activities that must be undertaken to complete the applicable Section. HOVENSA will perform all activities described in the notice, subject to its right to invoke the dispute resolution procedures set forth in Part XVI (Dispute Resolution); and/or b. IfEPA concludes that the requirements ofthe applicable Section or Part have been completed in accordance with this Consent Decree, EPA will so certify in writing to HOVENSA. This certification will constitute the certification ofcompletion ofthe applicable Section or Part for purposes ofthis Consent Decree. The parties recognize that ongoing obligations under such Sections remain and necessarily continue (e.g., reporting, recordkeeping, training, auditing requirements), and that HOVENSA's certification is that it is in current compliance with all such obligations. 233. Certification ofCompletion: No Impediment to Stipulated Penalty Demand. Nothing in Paragraphs 230 and 231 will preclude the United States from seeking stipulated penalties for a violation ofany ofthe requirements ofthe Consent Decree regardless ofwhether a Certification ofCompletion has been issued under Subparagraph 232.b. In addition, nothing in this Paragraph will permit HOVENSA to fail to implement any ongoing obligations under the Consent Decree regardless ofwhether a Certification ofCompletion has been issued.

- 147-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 152 of 159

234. Termination: Conditions Precedent. This Consent Decree will be subject to termination upon motion by the Parties or upon motion by HOVENSA acting alone under the conditions identified in this Paragraph. Prior to seeking termination, HOVENSA must have completed and satisfied all ofthe following requirements ofthis Consent Decree:
a. Installation ofcontrol technology systems as specified in this Consent Decree; b. Compliance with all provisions contained in this Consent Decree; such compliance may be established for specific parts ofthe Consent Decree in accordance with Paragraphs 230 and 231;
c. Payment ofall penalties and other monetary obligations due under the terms ofthe Consent Decree; unless all penalties and/or other monetary obligations owed to the United States or the Virgin Islands are fully paid as ofthe time ofthe motion; d. Satisfaction ofPart IX (Territorial Supplemental Environmental Project);
e. Application for and receipt ofpermits incorporating the emission limits and standards established under this Consent Decree; and f. Operation for at least one (I) year ofeach unit in compliance with the emission limits established herein and certification ofsuch compliance for each unit within the first progress report following the conclusion ofthe compliance period. 235. Termination: Procedure. At such time as HOVENSA believes that it has satisfied the requirements for termination set forth in Paragraph 234, HOVENSA will certify such compliance and completion to the United States and the Virgin Islands in accordance with the certification language ofParagraph 231. Unless either the United States or the Virgin Islands objects in writing with specific reasons within 120 days ofreceipt ofHOVENSA's certification

- 148-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 153 of 159

under this Paragraph, the Court may upon motion by HOVENSA order that this Consent Decree be terminated. Ifeither the United States or the Virgin Islands objects to the certification by HOVENSA, then the matter will be submitted to the Court for resolution under Part XVI (Retention ofJurisdiction/Dispute Resolution). In such case, HOVENSA will bear the burden of proving that this Consent Decree should be terminated 

### XX. SIGNATORIES 236. Each ofthe undersigned representatives certifies that he or she is fully authorized to enter into this Consent Decree on behalfofthe applicable Party, and to execute and to bind such Party to this Consent Decree. Dated and entered this
______day of
______ __, 20
.

VIRGIN ISLANDS DISTRICT JUDGE



### - 149-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 154 of 159

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter ofUnited States, et al. v. HOVENSA L.L.C.

Date:

Date: 

# //1

# 1

# I I/**--7~--~~----------** 

### FOR PLAINTIFF THE UNITED STATES OF AMERICA:

# ~-~ i ACIAs.MO 

# No;;> Assistant Attorney General Environment and Natural Resources Division United States Department ofJustice

Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division United States Department ofJustice P.O. Box 7611 Ben Franklin Station Washington, D.C. 20044-7611 (202) 307-1859

- 150-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 155 of 159

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter ofUnited States, et al. v. HOVENSA L.L.C.
FORPLAINTIFF THE UNITED STATES OF AMERICA: 

### RONALD W. SHARPE United States Attorney United States Virgin Islands
JOYCELYN HEWLETT Assistant United States Attorney United States Virgin Islands

- 151

-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 156 of 159

THE UNDERSIGNED PARTIES enter into this Consent Decree inthe matter of United States, et al. v. HOVENSA L.L.C.

Date: 

# I I



### Date: :]:'..,

# i /']

1 

## ;;?.:. t 

### I

Date: 

## I 

# /;/u I I



### Date:

# ·1/~>/t t FOR PLAINTIFF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:

CYN Assist A ministrator Office of nforcement and Compliance Assurance United States Environmental Protection Agency Washington, D.C. 20460

Director, Office ofCivil Enforcement Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency Washington, D.C. 20460

JO As · te Director, Office ofCivil Enforcement Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency Washington, D.C. 20460

tor, Air Enforcemerr IVISIOn Office ofCivil Enforcement Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency Washington, D.C. 20460

- 151

-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 157 of 159

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter ofUnited States, et al. v. HOVENSA L.L.C.

Date: 

## --1-l

# +-~~=-f-~-'-l I
__ _ 

# I I FOR PLAINTIFF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION2:

Regional Administrator United States Environmental Protection Agency Region 2 290 Broadway New York, New York 10007-1866

# J;;w.-f~~ J0\RA MURPHY Assistant Regional Counsel United States Environmental Protection Agency Region 2 290 Broadway New York, New York 10007-1866

- 153-

### Case: 1:11-cv-00006 Document #: 3 Filed: 01/26/11 Page 158 of 159

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter ofUnited States. etal v. HOVENSA L
.L.C.

Date: FORPLAINTIFF THE UNITEDSTATES VIRGIN ISLANDS : 

## 1

- t 'f--Z..OI/

# ~ :'::::::--..... Acting Commissioner Government ofthe US Virgin Islands Department ofPlanning & Natural Resources Cyril E
. King Airport, Terminal Building, 2nd floor St. Thomas, US Virgin Islands 00802

-154-

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

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter ofUnited States. et al v. HOVENSA L.L.C.
FORDEFENDANT HOVENSA L.L.C.:

Date:

### 04-)~ 

# I\ ating Officer

155

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 1 of 21SourceCodeH-101H-104H-160H-200H-201H-202H-401AH-600H-603H-1401AH-2102H-2185l!l:2201AH-2202H-2401H-2501H-3101AH-3101BAPPENDIXAListofHeatersandBoilersGreaterThan40mmBTUPerHour,GeneratingTurbines,andCompressorEnginesUDitUaitSize2004%005Emissi.oasFadOI'(IIIIIIBtallu-)(lbiiiiiiiBta)(toaslyr)(toaslw)BasisTimePeriod1Vis.133.60.22481.20.224f:/.6Stack:Test3byl-br1Vis.99.40.1794830..17952.1Stack:Test3by1-brUtlFnct.112.50.21537.00.21571.9AP-42Thll.4-1Peue&41.10.19120.20.19114.7StackTest3by1-hrPeoex42.60.15016.40.15011.9StackTest3by1-hrPeoex68.40.098.17.20.09812.5AP-42Thl1.4-12CDU150.70.196109.80.19690.6Stack:Test3by1-hr2CDU150.70.17095.20.17078.6Stack:Test3by1-br2CDU150.70349195.70334154.4AP-42Thls13-111.4-1*2Plat.48.10.0988.10.09853AP-42Thll.4-12Plat.261.90.18583.50..18:554.72Plat72.00.18523.00.18515.0StackTest3by1-hr2Plat49.20.098830.0985.4AP-42Thl1.4-12DD79.00.09519.40.09515:6StackTest3by1-hr3CDU208.60.144116.70.14486.9StackTest3by1-br1Vac..188.20.178130.10.17896.9Stack:Test3by1-hr3DD50.80.0981130.0988.8AP-42Thll.4-13DD53.:50.09811.90.0989.2AP-42Thll.4-12Vac.190.60328.157.103191163AP-42Thls13-111.4-1*2Vac..184.60328152.20.319112.6AP-42Thls13-1/1.4-1*2Vis.2500.16271.90.16271.7CEMAmwal4DD46.80.09812.90.098103AP-42Thll.4-14DD46.80.09812.90.098103AP-42Thl1.4-14DD910.13334.00.133213StackTest3by1-hr:5DD100.80.27545.90.27549.0AP-42Thll.4-1INaphFiac113.60.0852H0.08523.0StackTest3by1-hr5CDU309.80314304.00314290.5StackTest3by1-hr5CDU309.80.22321U0.2232063StackTest3byl-briIIIII*DeuotesacombiuedfuelfiredUDitwheretheemissions:fiu:tarshownisbasedau.theratioofthefilelspecificAP-4hveigbtavengedbasedupontheUDitsammalbeatiupul:A-1:",._:;:-.;-..-·-··

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 2 of 21SourerCockIH-4101AH-41018H-4201*H-4202*H-4301AH-4302H-4401H-4402H-4451H-44521{-4453H-4454H-4455H-4502H-4503H-4504H-4505H-4601AH-46018H-4602H-5301AH-53018H-5302H-5401H-5402H-5451H-5452_.__APPENDIXAListofHeatersandBoilersGreaterThan40mmBTUPerHour,GeneratingTurbines,andCompressorEnginesUDitUmtSize20M2005EmissioasJactol'(llllliBnllllr)(lbJIIIIIIBtu)(toaslyr)(lblmmBhl)(tmasryT)BasisTimePeriod6CDU3092026530730.265253.7StackTest3by1-br6CDU3092030435250.304291.0StackTest3by1-br3Vac.227.60.41126430392240.4AP-42Tbls1.3-111.4-1*3Vac.220.40.411255.903922328AP-42TbJs13-111.4-1*7DD47.90.0981250.09810.9AP-42Tbl1.4-17DD51.10.0981330.0981L6AP-42Tbl1.4-17DD13520.10537.70.10532.9StackTest3by1-br3PJat127.30.13048.60.13043.3StackTest3by1-br3Plat.77.90.09822.40.09820.0AP-42Tbl1.4-13Plat.351.60.154158.90.15414L63Plat25120.154113.50.154101.2StackTest3by1-br3Plat115.60.1545220.15446.63Plat6330.15428.60.15425.53Plat1240.09133.10.09129.5StackTest3by1-br2Sulf.77.50.09823.60.09821.5AP-42Tbl1.4-12Su1f.9030.098.27.50.09825.0AP-42Tbl1.4-12Su1f.70.40.09821.40.09819.5AP-42Tbl1.4-12Sulf.43.80.0981330.09812.1AP-42.Tbl1.4-16DD52.10.09812511.2AP-42Tbll.4-16DD52.10.0981250.09811.2AP-42Tbll.4-16DD10130.10826:80.10824.1StackTest3by1-br9DD6120.09817.80.09815.5AP-42Tbll.4-19DD6120.09817.80.09815.5AP-42Tbll.4-19DD1120.1484930.14842.9StackTest3by1-br4Plat114.10.12335.90.12326.6StackTest3by1-br4Plat78.80.0980.09814.6AP-42Tbl1.4-14Plat2480.14793.40.14769.1StackTest3by1-br201.7---0.14715.90.14756.2StackTest3by1-br*DeootesacombinedfuelfiledUDitwheretheemissionsfiLcl:mshownisbasedon1heratioofthefiJelspecificAP-42weightavengedbasedupontheUDi1sammalbeatioputA-2:'

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 3 of 21vAPPENDIXAListofHeatersandBoilersGreaterThan40mmBTUPerHour,GeneratingTurbines,andCompressorEnginesSourceCodeUDitUDitShe100-12005Emissi.oasFador(DIIIIBhallar}(llllmmBtll)(toastyr)(lblmmBtll)(toaslw)BasisTimePeriodH:-54534Plat114.40.14743.10.147319StackTest3by1-brH-54544Plat64.70.14724.40.14718.0StackTest3by1-brH-54554PJat12920.12140.0O.U129.6StackTest3by1-brH-8501ACoker1950.01915.90.01914.0StackTest3by1-brH-85018Coker1950.01815.10.018133StackTest3by1-brB-1151#1F.Boiler205.40261108.90261114:6StackTest3by1-brB-1153#lF.Boiler205.402451182024598.4StackTest3by1-brB-1154#4F.Boiler202.7024798.9024197.6StackTest3by1-brB-1155#5F.Boiler405.40312352.50336251.6AP-42Tbls13-111.4-1*B-3301#6F.Boiler202.70316142.903161523StackTest3by1-brB-3302#7F.Boiler202.70299134.00.299134.6StackTest3by1-brB-3303#SF.Boiler405.4022721730.227214..5StackTest3by1-brB-3304119F.Boiler405.40.25124820.251237.1StackTest3by1-brJ!-3701#10F.Boilel2250.06134.00.061333StackTest3by1-brNo.1GasTmbiue317.40.4392.89.60.4393032StackTest3by1-brNo2GasTmbiue317.40.313278.80383258..5StadtTest3by1-brNo3GasTmbiue317.40399344.70.399312.7StadtTest3by1-brNo.4GasTmbiue317.40..518644.60..5185562StackTest3by1-brGasTmlliDe317.40.522562.70.522542.1StackTest3by1-brGasTmbioe317.40.623671.60.6236162StackTest3by1-br317.40.66615230.666768.7StackTest3byl-brGasTmbioe394.80.62563220.6255942StackTest3by1-brGasTmbioe394.80.08580.40.08583.7StackTest3by1-brGasTmbioe325.00.101133.10.101121.6StackTest3by1-br!IDDC-SOOA21.:53.45191..53.45154..5StackTest3by1-br2DDC-SOOB2153.45191..53.45154..5StackTest3by1-br2DDC-800C21.53.45191.53.45154..5StackTest3by1-brIIDDC-2201A21.43.4520123.45166..5StackTest3by1-br•DeDotesac:ombinedfuelfiredUDitwheretheemissions:fi.ctorshownisbasedao.tberatioofthefuelspecificAP-42weightavengedbaseduponthetmitsammaJ.beatDlpotA-3·...,:.·.;:•...::'.

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 4 of 21-/SourceCodeAPPENDIXAListofHeatersandBoilersGreaterThan40mmBTUPerHour,GeneratingTurbines,andCompressorEnginesUJdtUJdtSize20042005Emissi.oasFactor(IIIIIIBhllh)(lhiiiiiiiBtu)(toastyr)(lblmmBttl)(tcms/JT)BasisTimePeriode-22om21.43.4520123.45166.5StackTest]by1-hrC-2201C21.43.4520723.45166.5StackTest3by1-hr•DeootesacombiDedfuelfiied1lllitwberetheemissioos&ctorshownisbasedonthe:ratioofthe:fuelspecificAP42weigbtavengedbaseduponthe1llldsIDD1llllheatiDput•Deootesacombinedfuelfil:edUDitwheretheemissionsfactorshownisbasedantheratiooftbefuelspecificAP42weightaven.gedbaseduponthe1111itsammalbeatiDputA-4.;:.·-::::;;.::

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 5 of 21

APPENDIXB Predictive Emissions Monitoring Systems Requirements
A Predictive Emissions Monitoring Systems ("PEMS") is a mathematical model that predicts the gas concentration ofNOx in the stack based on a set ofoperating data. Consistent with the CEMS data frequency requirements of40 C.F

### .R. Part 60, the PEMS shall calculate a pound per million BTU value at least once every 15 minutes, and all ofthe data produced in a calendar hour shall be averaged to produce a calendar hourly average value in pounds per BTU. The types ofinformation needed for a PEMS are described below. The list ofinstruments and data sources shown below represent an ideal case. However, at a minimum, each PEMS shall include continuous monitoring for at least items 3-5 below. HOVENSA will identify and use existing instruments and refinery data sources to provide sufficient data for the development and implementation ofthe PEMS. Instrumentation: 1. Absolute Humidity reading (one instrument per refinery, ifavailable) 2. Fuel Density, Composition and/or specific gravity -On line readings (it may be possible ifthe fuel gas does not vary widely, that a grab sample and analysis may be substituted 3. Fuel Flow rate 4. Fireboxtemperature 

### 5. Percent excess oxygen 6. Airflow to the firebox (ifknown or possibly estimated) 7. Process variable data- steam flow rate, temperature and pressure- process stream flow rate, temperature and pressure, etc Computers & Software: Relevant data will be collected and stored electronically, using computers and software. The hardware and software specifications will be specified in the source-specific PEMS. Calibration and Setup: 

### 1. Data will be collected for a period of7 to 

### 10 days ofall the data that is to be used to construct the mathematical model. The data will be collected over an operating range that represents 

### 80% to 

### 100% ofthe normal operating range ofthe heater/boiler; 2. A "Validation" analysis shall be conducted to make sure the system is collecting data properly; 3. Stack Testing to develop the actual emissions data for comparison to the collected parameter data; and 4. Development ofthe mathematical models and installation ofthe model into the computer.

B- 1

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 6 of 21
APPENDIXB Predictive Emissions Monitoring Systems Requirements The elements ofa monitoring protocol for a PEMS will 

### include: 1. Applicability a. Identify source name, location, and emission unit number(s); b. Provide expected dates ofmonitor compliance demonstration testing. 2. Source Description a. Provide a simplified block flow diagram with parameter monitoring points and emission sampling points identified (e.g., sampling ports in the stack); b. Provide a discussion ofprocess or equipment operations that are known to significantly affect emissions or monitoring procedures (e.g., batch operations, plant schedules, product changes). 3. Control Equipment Description a. Provide a simplified block flow diagram with parameter monitoring points and emission sampling points identified (e.g., sampling ports in the stack); b. List monitored operating parameters and normal operating ranges; c. Provide a discussion ofoperating procedures that are known to significantly affect emissions (e.g., catalytic bed replacement schedules). 4. Monitoring System Design a. Install, calibrate, operate, and maintain a continuous PEMS; b. Provide a general description ofthe software and hardware components ofthe PEMS, including manufacturer, type ofcomputer, name(s) ofsoftware product(s), monitoring technique (e.g., method ofemission correlation). Manufacturer literature and other similar information shall also be submitted, as appropriate; c. List all elements used in the PEMS to be measured (e.g., pollutant(s), other exhaust constituent(s) such as 0 2 for correction purposes, process parameter(s), and/or emission control device parameter(s)); d. List all measurement or sampling locations (e.g., vent or stack location, process parameter measurement location, fuel sampling location, work stations); e. Provide a simplified block flow diagram ofthe monitoring system overlaying process or control device diagram (could be included in Source Description and Control Equipment Description); f. Provide a description ofsensors and analytical devices (e.g., thermocouple for temperature, pressure diaphragm for flow rate); g. Provide a description ofthe data acquisition and handling system operation including sample calculations (e.g., parameters to be recorded, frequency of measurement, data averaging time, reporting units, recording process); h. Provide checklists, data sheets, and report format as necessary for compliance determination (e.g., forms for record keeping).



### B-2

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 7 of 21

APPENDIXB Predictive Emissions Monitoring Systems Requirements 5. Support Testing and Data for Protocol Design a. Provide a description offield and/or laboratory testing conducted in developing the correlation (e.g., measurement interference check, parameter/emission correlation test plan, instrument range calibrations); b. Provide graphs showing the correlation, and supporting data (e.g., correlation test results, predicted versus measured plots, sensitivity plots, computer modeling development data). 6. Initial Verification Test Procedures a. Perform an initial relative accuracy test (RA test) to verify the performance ofthe PEMS for the equipments operating range. The PEMS must meet the relative accuracy requirement ofthe applicable Performance Specification in 40 C.F.R. Part 60, Appendix B. The test shall utilize the test methods of40 C.F.R. Part 60, Appendix A; b. Identify the most significant independently modifiable parameter affecting the emissions. Within the limits ofsafe unit operation, and typical ofthe anticipated range ofoperation, test the selected parameter for three RA test data sets at the low range, three at the normal operating range and three at the high operating range ofthat parameter, for a total ofnine RA test data sets. Each RA test data set should be between 21 and 60 minutes in duration; c. Maintain a log or sampling report for each required stack test listing the emission rate; d. Demonstrate the ability ofthe PEMS to detect excessive sensor failure modes that would adversely affect PEMS emission determination. These failure modes include gross sensor failure or sensor drift; e. Demonstrate the ability to detect sensor failures that would cause the PEMS emissions determination to drift significantly from the original PEMS value; f. The PEMS may use calculated sensor values based upon the mathematical relationships established with the other sensors used in the PEMS. Establish and demonstrate the number and combination ofcalculated sensor values which would cause PEMS emission determination to drift significantly from the original PEMS value. 7. Quality Assurance Plan a. Provide a list ofthe input parameters to the PEMS (e.g., transducers, sensors, gas chromatograph, periodic laboratory analysis), and a description ofthe sensor validation procedure (e.g., manual or automatic check); b. Provide a description ofroutine control checks to be performed during operating periods (e.g., preventive maintenance schedule, daily manual or automatic sensor drift determinations, periodic instrument calibrations); c. Provide minimum data availability requirements and procedures for supplying missing data (including specifications for equipment outages for QAIQC checks);



### B- 3

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 8 of 21
APPENDIXB Predictive Emissions Monitoring Systems Requirements d. List corrective action triggers (e.g., response time deterioration limit on pressure sensor, use ofstatistical process control (SPC) determinations ofproblems, sensor validation alarms); e. List trouble-shooting procedures and potential corrective actions; f. Provide an inventory ofreplacement and repair supplies for the sensors; g. Specify, for each input parameter to the PEMS, the drift criteria for excessive error (e.g., the drift limit ofeach input sensor that would cause the PEMS to exceed relative accuracy requirements); h. Conduct a quarterly electronic data accuracy assessment test ofthe PEMS; i. Conduct semiannual RA tests ofthe PEMS. Annual RA tests may be conducted ifthe most recent RA test result is less than or equal to 7.5%. Identify the most significant independently modifiable parameter affecting the emissions. Within the limits ofsafe unit operation and typical ofthe anticipated range ofoperation, test the selected parameter for three RA test data pairs at the low range, three at the normal operating range, and three at the high operating range ofthat parameter for a total ofnine RA test data sets. Each RA test data set should be between 21 and 60 minutes in duration. 8. PEMS Tuning a. Perform tuning ofthe PEMS provided that the fundamental mathematical relationships in the PEMS model are not changed. b. Perform tuning ofthe PEMS in case ofsensor recalibration or sensor replacement provided that the fundamental mathematical relationships in the PEMS model are not changed.



### B-4

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 9 of 21
APPENDIXC NSPS SubpartsJ orJa Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) 1 

### Date ofCompliance With SubpartJ Fuel Gas Unit Limit 2 Vis. H-2185 Date ofLodging Coker H-8501 Date ofLodging Coker H-8502 Date ofLodging LSG Heater H-4901 Date ofLodging SulfAcid* STK-7801 Date ofLodging GT-13 /HRSG G-3413 

### I H-3413 Date ofLodging VER-I* VER-1 Date ofLodging VER-2* VER-2 Date ofLodging



# c -1

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 10 of 21

APPENDIXC NSPS SubpartsJ orJa Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) 1


### Date ofCompliance With SubpartJ

### a Fuel Unit Gas Limit 1 Vis. H-101 12/3112015 1 Vis. H-104 12/3112015 Uti. Fract. H-160 12/3112015 Penex H-200 12/3112015 Penex H-201 12/3112015 Penex H-202 12/3112015 Penex C-200A 12/3112015 Penex C-200B 12/3112015 Penex C-200C 12/3112015 2CDU H-401A 12/3112015 2CDU H-401B 12/3112015 2CDU H-401C 12/3112015 2 Plat. H-600 12/3112015 2 Plat. H-601 12/3112015 2 Plat. H-602 12/3112015 2 Plat. H-603 12/3112015 2 Plat. H-604 12/3112015 2 Plat. H-605 12/3112015 2 Plat. H-606 12/3112015 2DD H-800A 12/3112015 2DD H-800B 12/3112015 2DD H-801 12/3112015 3CDU H-1401A 12/3112015 1 Vac. H-1401B 12/3112015 3DD H-1500 12/3112015 3DD H-1501 12/3112015 3DD C-1500A 12/3112015 3DD C-1500B 12/3112015 3DD C-1500C 12/3112015 2 Vac. H-2101 12/3112015 2 Vac. H-2102 12/3112015 4DD H-2201A 12/3112015 4DD H-2201B 12/3112015 4DD H-2202 12/3112015 5DD H-2400 12/3112015
C-2

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 11 of 21
APPENDIXC NSPS SubpartsJ orJa Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) 1 5DD H-2401 12/31/2015 500 C-2400A 12/31/2015 5DO C-2400B 12/31/2015 Naph Frac H-2501 12/31/2015 1SRU H-1032 12/31/2015 2SRU H-1042 12/31/2015 1 Beavon H-1061 12/31/2015 #1 F. Boiler B-1151 12/31/2015 #3 F. Boiler B-1153 12/31/2015 #4 F. Boiler B-1154 12/31/2015 #5 F. Boiler B-1155 12/31/2015 G.T. #1 * G-1101E 12/31/2015 G.T. #2* G-1101F 12/31/2015 G.T. #3* G-11010 12/31/2015



## c- 3

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 12 of 21

APPENDIXC NSPS SubpartsJ orJa Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) 1

Date ofCompliance With SubpartJ Fuel Gas 

### Unit Limit 5CDU H-3101A 12/31115 5CDU H-3101B 12/31115 6CDU H-4101A 12/31115 6CDU H-4101B 12/31115 3 Vac. H-4201 12/31115 3 Vac. H-4202 12/31115 7DD H-4301A 12/31115 7DD H-4301B 12/31115 7DD H-4302 12/31115 3 Plat. H-4401 12/31115 3 Plat. H-4402 12/31115 3 Plat. H-4451 12/31115 3 Plat. H-4452 12/31115 3 Plat. H-4453 12/31115 3 Plat. H-4454 12/31115 3 Plat. H-4455 12/31115 2 Sulf. H-4502 12/31115 2 Sulf. H-4503 12/31115 2 Sulf. H-4504 12/31115 2 Sulf. H-4505 12/31115 6DD H-4601A 12/31115 6DD H-4601B 12/31115 6DD H-4602 12/31115 6DD C-4601A 12/31115 6DD C-4601B 12/31115 6DD C-4601C 12/31115 9DD H-5301A 12/31115 9DD H-5301B 12/31115 9DD H-5302 12/31115 4 Plat. H-5401 12/31115 4 Plat. H-5402 12/31115 4 Plat. H-5451 12/31115 4 Plat. H-5452 12/31115 4 Plat. H-5453 12/31115 4 Plat. H-5454 12/31115

C-4

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 13 of 21

APPENDIXC NSPS Subparts J or Ja Compliance Schedule for Listed Fuel Gas Combustion Devices (Other than Flaring Devices) 1 4 Plat. H-5455 12/31115 3 &4 SRU H-4745 12/31115 2 Beavon H-4761 12/31115 #6 F. Boiler B-3301 12/31115 #7 F. Boiler B-3302 12/31115 #8 F. Boiler B-3303 12/31115 #9 F. Boiler B-3304 12/31115 #10 F. Boiler B-3307 12/31115 G.T.#4 G-3404 12/31115 G.T.#5 G-3405 12/31115 G.T.#6 G-3406 12/31115 G.T.#7 G-3407 12/31115 G.T.#8* G-3408 12/31115 G.T.#9* G-3409 12/31115 G.T.#lO* G-3410 12/31115 * Compliance based upon AMP submittal for EPA approval 1 HOVENSA intends to meet the listed compliance schedule by making physical and operational changes (i.e., physical changes to the East and West refinery amine treating systems as well as a swap from monoethanol amine (MEA) to methyldiethanol amine (MDEA)) to the fuel gas treatment system as part ofa single phased project.



## c- 5

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 14 of 21
APPENDIXD List ofFlaring Devices Subject to NSPS Subparts J/Ja Flarin2 Device Date Compliance Method FCCULow Seven (7) years from Date ofEntry Flare Gas Recovery Pressure Flare FCCUHigh Five (5) years from Date ofEntry Combusts only fuel gas Pressure Flare exempt from emissions limitation in 60.1 02a(g) pursuant to 60.1 02a(h) LPG Flare Five (5) years from Date ofEntry Combusts only fuel gas that complies with 60.102a(g) Flares 2 and 3 Seven (7) years from Date ofEntry Flare Gas Recovery Flares 5, 6 and 7 Ten (10) years from Date ofEntry Flare Gas Recovery Flares 1and 4 are no longer in service and are not covered by this Consent Decree.

D -1

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 15 of 21

APPENDIXE HOVENSA'S LDAR and BWON Training Program Summary
The HOVENSA LLC training program will utilize a combination oftraining methods to educate refinery personnel on their roles and responsibilities within the LDAR and BWON programs. The extent ofeducation on the programs (two hours, four hours, eight hours, etc.) will be based on the employee'sjob assignment within theirrespective department and the individual's management level. All Environmental LDAR personnel will be trained on an annual basis on the requirements of theirjobsthrough classroom based, computer-based, field-based, or other training methods. The training will consist ofspecific material and processes required for the knowledge ofthe program including certification testing. Listed below are some ofthe key elements and subjects ofthe training module that link to roles and responsibilities.
• knowledge ofthe refinery structure and systems • refinery basics: process unit functions individually and how they work in partnership • how to read and understand P&IDs and ISOS • the applicable regulations • the proper operation ofmonitoring equipment • applicable LDAR procedures • the systems in place to manage our data and compliance; electronic database such as LeakDAS and like systems • the checks and balances required to maintain quality control and compliance • the leadership skills required to manage and maintain a successful program All other Operations, Maintenance and Contractor personnel will be trained on the requirements oftheirjobsthrough classroom based, computer-based, field-based, or other training methods. The training consists ofmaterial and processes required for their specific role and responsibility needed to ensure knowledge ofthe program including certification testing. Listed below are some ofthe key elements and subjects ofthe training module. 

# • • • • • • knowledge ofEnvironmental Department structure and contact information general knowledge ofthe environmental regulations (LDAR &_BWON) knowledge ofregulatory inspection, documentation and repair requirements knowledge offugitive emissions procedures knowledge ofthe Valve Preventative Maintenance Program knowledge ofhow to utilize the refinery system, such as SAP, to create work notifications and approvals and electronic inspections The requirements ofthis training will be incorporated into HOVENSA'sjob specific training. All training will be reviewed and updated on a reoccurring basis (at least once every three (3) years). The certification testing will be utilized to assess the effectiveness ofthe training products.

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### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 16 of 21

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

API #1, 2, & 

### 3 Emission Points Total

Access Hatch 

### 48 Gauge Hatch 

### 45 Fixed roofplates 

### 150 Piping Penetration 

### 52 Steel plate 

### 31 Pump base 

### 22 Hose connection 

### 2

Conduit port 

### 10 Valve stem port 

### 16 Total 376

F- 1

# ~\\

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 17 of 21Performexternalvalvesurveyoneachvalvethatleakedbytheendofthenextcalendarquarterafteridentificationoftheleak.Isthevalvaingoodconditionbasedonexternalvalvesurvey?YesYesAPPENDIXGValvePreventativeLeakMaintenanceProcedureWorkflowDiagramRepack/replacethesevalves,andperformstuffingboxsurveyasper,w•checklistinProcedure114114onvalvesNolNotoberepacked,lllllilmthenextTAItankoutage.Valves2inchesandsmaUerindiametermustbereplaced.Repack/replacethasevalves,andperformstuffingboxsurveyasperchecklistinL---------------+----.1Procedurell4114onvalvestoberepacked,lllllillllthenextTAItankoutage.Valves2inchesandsmallerindiametermustbeRepack/replaceatleast80%ofthesevalves(asdeterminedbytheendofeachcalendarquarter),andperformstuffingboxsurveyasreplaced.Canthevalvebeisolated?>---------.------.tperchecklistinProcedurell4114onvalvestoberepacked,thenextTAItankNoYesIsthereanopportunityforback-seating,live·loadingorotheron-linerepacktechnique?Nooutage.Valves2inchesandsmaUerindiametermustbereplaced.Repack/replaceatleast80%ofthasevalvesasperNoGenerateaUstfortheaffectedprocessunitwhichcontainsthemostrecentppmreading.asdeterminedattheendofthelastcalendarquarterpriortothefinalTAItankscopeoutagemeeting(beforetheTA),foreachvalveintheunitSelecteitherthehighest-leaking10%ofvalves(thosewiththegreatestppmreadings)fromtheprecedingstep,oronlythosevalvesfromtheprecedingstephavingppmreadingsabove100ppmPerformexternalvalvesurvey,onalvalvesfromtheprecedingstep,priortoTAIlankoulagachecklistinProcedure114114(asdeterminedbythe1------------1>1endofeachcalendarquarter),andperformstuffing1+--------.Jboxsurveyonvalvestoberepacked,lllllilmthenextTA/tonkoutage.Valves2inchesandsmallerindiametermustbereplaced.G-1'->

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 18 of 21EmissionsUnitCokerHeater(twounits)Boiler10SRUs1&2/BeavonlTanksNo.6SourWaterStripperSourWaterTank(TK-1071),DesalterEffluentWater(DEW)Tank(TK-1663)PoUutaDtLimitco0.030voc0.0050co0.070voc0.0050200TRS(Interim)100162TRS(Final)66vocExt.FloatingRoofTank,\•APPENDIXHAdditionalCokerProjectInjunctiveReliefAveragiugComplianceUnitsTimeMonitorin2"Reportin2Schedulelb/mmBTUAverageof3AnnualPerformanceTestWithin60DaysoftestDateofEntry1-hrsamples(EPARM-10)lb/mmBTUNIAEPARM-25 followinganyWithin60DaysoftestCOtestexceedancelb/mmBTUAverageof3AnnualPerformanceTestWithin60DaysoftestDateofEntry1-hrsamples(EPARM-10)Jb/mmBTUN/AEPARM-25followinganyWithin60DaysoftestCOtestexceedanceppmvdHourlyrollingNSPSTRSCEMS(40C.F.R.NSPSquarterlyreportsDateofEntry12-hraverage60AppA,B,&F)ppmvdDailyrollingNSPSTRSCEMS(40C.F.R.NSPSquarterlyreportsDateofEntry30dayaverage60AppA,B,&F)ppmvdHourlyrollingNSPSTRSCEMS(40C.F.R.NSPSquarterlyreports12-hraverage60AppA,B,&F)1/1/2014ppmvdDailyrollingNSPSTRSCEMS(40C.F.R.NSPSquarterlyreports30dayaverage60AppA,B,&F)11112014NIASubpartKbmonitoring(40NSPSreportsTank1071:C.F.R.§60.113b(b))forExt.12/3112011FloatingRoofKbTank1663:requirements:DateofEntrySealGapMeasurements(Secondaryonce/yr,Primaryonce/5yrs).Inspectsealsandfittingseachtimethevesselisemptiedanddegassed.H-1._._,•·.-:

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 19 of 21APPENDIXHAdditionalCokerProjectInjunctiveReliefAveragingEmissionsUnitPollutantLimitUnitsTimeMonitorinltPitchStorage(TK-8501)VOCFixedRoofN/ASubpartKbmonitoring(40TankC.F.R.§60.110b-117b)Recordandmaintainrecordsdocumentingthematerialstoredinthehotpitchstoragetank(TK-8501),showingthatthetankremainsexemptfromcontrolrequirementsinaccordancewith40C.F.R.60,SubpartKb,§60.11Ob(b).ProcessequipmentlocatedinCokerUnit,CokerGasvocHONComplywith40C.F.R.63Plant,No.7Amine,No.minusSubpartH,exceptasnoted5Crude,No.3Vacuum,Connectorsbelow:No.3Crude,No.I-LeaktestingisnotrequiredVacuum,No.Iforconnectors;Visbreaker,andNo.2,4,-Useskipperiodsallowedin6,&7Distillate40C.F.R.Part60SubpartDesulfurizerUnitsandGGGa!VVaforleaktestingoutsidebatterylimitvalvesandpumps.modificationstotheterminal,tankfarm&blendingequipment•Forpurposesofdemonstratingcompliance withlimitswhichrequireanannualperformancetest,HOVENSAshallconductthefirstperformancetestnolaterthantwelve(12)monthsaftertheDateofEntry.H-2:-;;-;::;--=--·.:;_.;-:'ComplianceReoortine:ScheduleNSPSreportsDateofEntryDateofEntry

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 20 of 21APPENDIXHAdditionalCokerProjectInjunctiveReliefDesign/WorkPracticeComplianceEmissionsUnitPollutantControlsMonitorin£ScheduleCokeHandling,StoragePM(aUMaintainrecordsdocumentingDateofEntryandLoadiagFacilityspecies)designCokeCutting/CokePitHighPressurewatercuttingofcoke&encloseddropzones/cokepit(Noroof)CokeCrusherEnclosedbcrusherstructure.Moisturecontentcontrolfrominitialcutting.CokeTransfertoStorageEnclosedbconveyortostorage,Moisturecontentcontrolfrominitialcutting.CokeStorageEnclosedbstoragebuildings,baghousetorventcontrol,andmoisturecontentcontrolfrominitialcutting.CokeLoadingEnclosedbconveyortoloadingdock."Spout"containmentloadingtominimizedropemissionswhenloadingship.bEnclosedstructurescanhaveventilationventsoraccesswaysH-3·,.,,

### Case: 1:11-cv-00006 Document #: 3-1 Filed: 01/26/11 Page 21 of 21

APPENDIX I Map ofHOVENSA L.L.C.

I- 1

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