Document XVvL1Jro08M2q0m6oOqeY4jx

Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 1 of 38 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, ) STATE OF ILLINOIS, ) STATE OF LOUISIANA, and the ) STATE OF MONTANA ) ) Plaintiffs, ) ) v. ) ) EXXON MOBIL CORPORATION and ) EXXONMOBIL OIL CORPORATION ) ) Defendants. ) ) Case No. 05 C 5809 The Honorable Rebecca R. Pallmeyer THIRD AMENDMENT MAKING MATERIAL MODIFICATIONS TO CONSENT DECREE Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 2 of 38 WHEREAS, the Plaintiffs filed a complaint in this matter on October 11, 2005, alleging violations of the Clean Air Act, 42 U.S.C. 7401-7671q, and other environmental laws at six petroleum refineries owned and operated by Defendants Exxon Mobil Corporation and ExxonMobil Oil Corporation (collectively referred to herein as "ExxonMobil"), and the United States thereafter lodged a proposed Consent Decree between the Plaintiffs and the Defendants. WHEREAS, the Court approved and entered the Consent Decree on December 13, 2005 (hereinafter the "2005 Consent Decree"). WHEREAS, the 2005 Consent Decree specified that the Court would retain continuing jurisdiction for the purpose of enforcing and modifying the Decree. WHEREAS, Paragraph 269 of the 2005 Consent Decree provides that any material modifications to the Decree shall be in writing, shall be signed by the U.S. Environmental Protection Agency ("EPA"), the Applicable Co-Plaintiff, and ExxonMobil, and shall be effective upon approval by the Court. In contrast, non-material modifications do not require Court approval, although Paragraph 269 of the 2005 Consent Decree specifies that non-material modifications shall be filed with the Court after being executed by EPA and ExxonMobil. WHEREAS, EPA and ExxonMobil previously agreed to two stipulated non-material modifications to the 2005 Consent Decree, which were filed with the Court on June 1, 2006 and November 13, 2007. WHEREAS, the parties to this Third Amendment Making Material Modifications to Consent Decree (the "Third Decree Amendment") have agreed to certain material modifications to the 2005 Consent Decree, as set forth herein. Unlike the two prior non-material modifications, Court approval is required for these material modifications. The modifications address certain injunctive obligations relating to ExxonMobil's refineries in Billings, Montana, Beaumont, 1 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 3 of 38 Texas, and Joliet, Illinois, so the State of Montana and the State of Illinois are parties to this agreement, as Applicable Co-Plaintiffs, along with the United States and ExxonMobil (collectively, the "Parties"). WHEREAS, as specified herein, this Third Decree Amendment affords ExxonMobil additional time to install certain air pollution control equipment that is required by the 2005 Consent Decree in exchange for ExxonMobil's commitment to implement additional injunctive relief, including accelerating installation of other air pollution control equipment and taking certain other steps to reduce air pollutant emissions from its refineries. The additional injunctive relief under this Third Decree Amendment will yield emissions reductions that will more than offset any excess emissions during the time extensions afforded by this Third Decree Amendment. WHEREAS, for the sake of clarity, this Third Decree Amendment restates and incorporates the changes made by the two prior non-material modifications to the 2005 Consent Decree. This Third Decree Amendment also makes certain other minor and conforming changes to the 2005 Consent Decree. WHEREAS, the Parties recognize, and the Court by entering this Third Decree Amendment finds, that this Third Decree Amendment has been negotiated at arms-length and in good faith and that this Third Decree Amendment is fair, reasonable, and in the public interest. NOW THEREFORE, before the taking of any testimony, without adjudication of any issue of fact or law, and upon the consent and agreement of the Parties, it is hereby ORDERED, ADJUDGED and DECREED as follows: 2 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 4 of 38 AMENDED AND RESTATED CONSENT DECREE PROVISIONS The 2005 Consent Decree shall remain in full force and effect in accordance with its terms, except that Paragraphs 14, 15, 17, 18, 20, 29, 30, 72, 143, 145, 166, 167, 237, 250, and 266, and Appendices C, D, and G are revised as set forth below and shall become effective no later than December 31, 2008, if entered by this Court. * * * * 14. NOx Emissions Control for the Beaumont FCCU. a. NOx Control System. By no later than April 1, 2008, ExxonMobil shall control NOx emissions from the Beaumont FCCU by installing and operating a SCR system for the FCCU. ExxonMobil presently intends to control NOx emissions from the Beaumont FCCU by: (i) installing and operating a Thermal DeNOx system; (ii) installing and operating CO boiler low-NOx burners; and/or (iii) shifting the FCCU to a lower CO operation mode. ExxonMobil shall use best efforts to design the NOx control system to attain 50 ppmvd NOx or less (at 0% O2 on a 365-day rolling average basis) and 100 ppmvd NOx or less (at 0% O2 on a 7-day rolling average basis); provided, however, that ExxonMobil shall not be required to design the control system in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate or yield selectivity. Nothing in this Subparagraph 14.a shall be deemed to limit ExxonMobil's ability to implement or use additional NOx reducing measures. b. Final NOx Limits. By no later than July 1, 2009, ExxonMobil shall comply with NOx emission limits of 50 ppmvd at 0% O2 on a 365-day rolling average basis and 100 ppmvd at 0% O2 on a 7-day rolling average basis at the Beaumont FCCU. 3 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 5 of 38 (1) The long-term Final NOx Limit for the Beaumont FCCU shall be set based on application of the provisions in Subparagraph 15.c., and shall be: (i) in the range of 50-60 ppmvd NOx (at 0% O2 on a 365-day rolling average basis); and (ii) as close to 50 ppmvd as practicable. ExxonMobil shall comply with the long-term Final NOx Limit upon submission of the Study report referenced in Subparagraphs 15.b. and 15.c. (2) The short-term Final NOx Limit for the Beaumont FCCU shall be set based on application of the provisions in Subparagraph 15.c., and shall be: (i) in the range of 100-120 ppmvd NOx (at 0% O2 on a 7-day rolling average basis); and (ii) as close to 100 ppmvd as practicable. ExxonMobil shall comply with the short-term Final NOx Limit upon submission of the Study report referenced in Subparagraphs 15.b. and 15.c. c. Interim NOx Control Measures. Beginning April 1, 2008, ExxonMobil shall use best efforts to minimize NOx emissions from the Beaumont FCCU by minimizing supplemental firing to the CO Boiler and/or by minimizing FCCU regenerator outlet CO to the full extent without adversely impacting FCCU feed rate, conversion, feed slate, or yield selectivity, unless reasonable steps can be taken to compensate for such impairment. The requirement to perform these Interim NOx Control Measures will remain in effect until the Final NOx Limits specified in Subparagraph 14.b become applicable. * * * * 15. Baton Rouge and Beaumont NOx Minimization StudyStudies. ExxonMobil shall complete a 12-month studyies of: (i) the Baton Rouge FCCUs' NOx control system, by no later than 12 months after the Entry Date (the "Baton Rouge NOx Minimization Study"); and (ii) 4 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 6 of 38 the Beaumont FCCU NOx control system, by no later than July 1, 2009 (the "Beaumont NOx Minimization Study"). a. During the each Study, ExxonMobil shall use best efforts to operate the FCCU and the NOx control system to achieve emissions as close as practicable to 50 ppmvd NOx (at 0% O2 on a 365-day rolling average basis) and 100 ppmvd NOx (at 0% O2 on a 7-day rolling average basis); provided, however, that ExxonMobil shall not be required to operate the FCCU(s) or the control system in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate or yield selectivity, unless reasonable steps can be taken to compensate for such impairment. b. Within 90 days after the completion of the each Study, ExxonMobil shall submit a written report to EPA that shall summarize the results of the Study and shall provide relevant CEMS data and FCCU feed and operating data on a daily or daily average basis as measured directly (where available) or as calculated (where necessary). Upon request by EPA, ExxonMobil shall submit any additional, readily available data that EPA determines it needs to evaluate the Study. c. Based on the results of the Study, the each Study report shall specify Final NOx Limits for the relevant FCCU(s) within the ranges set forth in Subparagraphs 13.b. and 14.b. ExxonMobil shall specify limits which reflect best efforts to achieve emissions as close as practicable to 50 ppmvd NOx (at 0% O2 on a 365-day rolling average basis) and 100 ppmvd NOx (at 0% O2 on a 7-day rolling average basis); provided, however, that ExxonMobil shall not be required to specify a limit below the upper end of the range that would create a safety problem or impair unit feed rate, conversion, feed slate or yield selectivity. 5 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 7 of 38 d. If the any limit specified pursuant to Subparagraph 15.c is higher than 50 ppmvd NOx (at 0% O2 on a 365-day rolling average basis) or 100 ppmvd NOx (at 0% O2 on a 7-day rolling average basis), then the relevant Study report shall include a plan for making supplemental NOx emission reductions from Combustion Units at the Baton Rouge relevant refinery, in accordance with the following table: Long-Term Limit or Short-Term Limit 50 ppmvd 100 ppmvd 51 ppmvd 101-102 ppmvd 52 ppmvd 103-104 ppmvd 53 ppmvd 105-106 ppmvd 54 ppmvd 107-108 ppmvd 55 ppmvd 109-110 ppmvd 56 ppmvd 111-112 ppmvd 57 ppmvd 113-114 ppmvd 58 ppmvd 115-116 ppmvd 59 ppmvd 117-118 ppmvd 60 ppmvd 119-120 ppmvd Additional Required Reductions 0 TPY NOx 12 TPY NOx 26 TPY NOx 42 TPY NOx 60 TPY NOx 80 TPY NOx 102 TPY NOx 126 TPY NOx 152 TPY NOx 180 TPY NOx 210 TPY NOx Such supplemental NOx reductions: (i) shall be in addition to those NOx emission reductions from Combustion Units required by Subsection V.G of this Consent Decree, and shall not count toward the reductions required by that Subsection; and (ii) shall be quantified, made, and incorporated into federally-enforceable permits in a manner consistent with the approach outlined in Subsections V.G and V.Q of this Consent Decree. If supplemental NOx reductions are required under this Subparagraph, then ExxonMobil's Study report shall include a definitive schedule for making the supplemental NOx reductions, and for submitting a completion report documenting the reductions. The schedule shall be subject to EPA approval, which shall not be unreasonably withheld. * * * * 6 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 8 of 38 17. NOx Emissions Control for the Billings FCCU. a. NOx Control System. ExxonMobil shall control emissions from the Billings FCCU by installing and operating a SCR system for the FCCUpresently intends to control NOx emissions from the Billings FCCU by: (i) converting the FCCU to Full Burn Operation; and (ii) taking other steps to reduce NOx (which may include, but are not limited to, use of a Thermal DeNOx system and/or CO boiler low-NOx burners and/or use of NOx-reducing catalyst additive and/or low NOx combustion promoter). b. Interim Final NOx Limits. By no later than June 30, 2009December 31, 2008, ExxonMobil shall comply with interim NOx emission limits of 40 ppmvd at 0% O2 on a 365-day rolling average basis and 80 ppmvd at 0% O2 on a 7-day rolling average basis at the Billings FCCU. c. NOx Reduction Study. (1) By no later than December 31, 2010 ExxonMobil shall complete a 12-month study of the Billings FCCU SCR system with the objective of establishing a final long-term NOx emission limit that is: (i) in the range of 30-40 ppmvd NOx (at 0% O2 on a 365-day rolling average basis); and (ii) as close to 30 ppmvd as practicable. During the Study, ExxonMobil shall use best efforts to operate the FCCU and the NOx control system to achieve emissions as close as practicable to 30 ppmvd NOx (at 0% O2 on a 365-day rolling average basis) or less; provided, however, that ExxonMobil shall not be required to operate the FCCU or the control system in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate or yield selectivity, unless reasonable steps can be taken to compensate for such impairment. 7 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 9 of 38 (2) By February 28, 2011, ExxonMobil shall submit a Report which summarizes the results of the NOx Reduction Study and provides all relevant NOx and O2 CEMS data and any other data relevant to the Study. Based on the results of the Study, the Report shall propose a long-term NOx limit for the Billings FCCU that is consistent with the criteria described in Subparagraph 17.c.(1). (3) ExxonMobil shall comply with the long-term emission limit it proposes for the Billings FCCU beginning immediately upon submission of the Report. ExxonMobil shall continue to comply with that proposed long-term limit unless and until ExxonMobil is required to comply with the long-term emission limit set by EPA pursuant to Subparagraph 17.d. d. Establishment of Final NOx Limits for the Billings FCCU. EPA will use the data collected during the Billings FCCU NOx Reduction Study, as well as all other available and relevant information, to establish a final long-term limit for NOx emissions from the Billings FCCU that is consistent with the criteria described in Subparagraph 17.c.(1). EPA will establish a 365-day rolling average concentration-based (ppmvd) NOx emission limit, corrected to 0% oxygen, which can be met with a reasonable certainty of compliance. This limit may be the same as the limit proposed by ExxonMobil in accordance with Subparagraph 17.c. The interim short-term (7-day rolling average) NOx emission limit of 80 ppmvd, corrected to 0% O2, shall remain unchanged and shall become the final short-term limit. ExxonMobil may propose, and EPA may establish, alternative emissions limits to be applicable during alternative operating scenarios. EPA will determine the limit based on: (i) the level of performance during the NOx Reduction Study period; (ii) a reasonable certainty of compliance; and (iii) any other available and relevant information. EPA will notify ExxonMobil of its determination of the long-term 8 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 10 of 38 concentration-based NOx emission limit. ExxonMobil shall immediately (or within thirty (30) days, if EPA's limit is more stringent than the limit proposed by ExxonMobil) operate the FCCU so as to comply with the EPA-established emission limit. Disputes regarding the appropriate emission limit shall be resolved in accordance with the dispute resolution provisions of this Decree. e.c. Non-Routine Operations. FCCU NOx emissions during a period of natural gas curtailment will not be used in determining compliance with the short-term (7-day) Final NOx Limit established pursuant to Subparagraph 17.b if Fuel Oil is burned in a combustion unit serving the Billings FCCU CO boiler or CO furnace during the period of natural gas curtailment. During any such period of natural gas curtailment, ExxonMobil shall comply with an alternate short-term NOx emission limit of 120 ppmvd at 0% O2 on 24-hour rolling average basis at the Billings FCCU. * * * * 18. NOx Emissions Control for the Joliet FCCU. a. NOx Control System. ExxonMobil presently intends to control emissions from the Joliet FCCU by installing and operating a SCR system for the FCCU. b. Final NOx Limits. By no later than December 31, 20102012, ExxonMobil shall comply with NOx emission limits of 20 ppmvd at 0% O2 on a 365-day rolling average basis and 40 ppmvd at 0% O2 on a 7-day rolling average basis at the Joliet FCCU. * * * * 20. Startup, Shutdown, and Malfunction. NOx emissions (i) caused by or attributable to the startup, shutdown, or Malfunction of an FCCU listed in Subsection V.A and/or 9 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 11 of 38 (ii) during periods of Malfunction of the relevant FCCU's NOx Control System will not be used in determining compliance with the short-term (7-day) Interim NOx Limits or Final NOx Limits established pursuant to Subparagraphs 13.b.(2), 14.b.(2), 16.b, 16.c, 17.b, 17.d, 18.b, and 19.b, provided that during such periods ExxonMobil implements good air pollution control practices to minimize NOx emissions. Nothing in this Paragraph shall be construed to relieve ExxonMobil of any obligation under any federal, state, or local law, regulation, or permit to report emissions during periods of startup, shutdown, or Malfunction, or to document the occurrence and/or cause of a startup, shutdown, or Malfunction event. Emissions during any such period of startup, shutdown, or Malfunction shall either be: (i) monitored with CEMS as provided by Paragraph 21; or (ii) monitored in accordance with an alternative monitoring plan approved by EPA pursuant to this Consent Decree if it is necessary to bypass the FCCU's main stack during the particular period of startup, shutdown, or Malfunction. * * * * 29. SO2 Emissions Control for the Billings FCCU. a. SO2 Control System. ExxonMobil presently intends to control SO2 emissions from the Billings FCCU by: (i) converting the FCCU to Full Burn Operation; and (ii) implementing a special two-step protocol using SO2 Reducing Catalyst Additives, as summarized below. (1) Step 1. Step 1 of the protocol will commence shortly after the Entry Date. Step 1 will require a performance of a short-term trial to identify the commercially-available catalyst additive that achieves the greatest SO2 reduction at the Required Addition Rate. Once the best-performing additive is identified, ExxonMobil 10 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 12 of 38 shall use that additive at the Required Addition Rate, except as otherwise required in Subparagraph 30.f, whenever the unit is operated, until Step 2 of the protocol. (2) Step 2. Step 2 of the protocol will commence several years after the Entry Date. Step 2 will require a performance of another short-term trial to identify the future-generation commercially-available catalyst additive that achieves the greatest SO2 reduction at the Required Addition Rate. Once the best-performing additive is identified, ExxonMobil shall use that additive at the Required Addition Rate during a defined demonstration period. (3) Required Addition Rate. For the purpose of this Paragraph 29 and Paragraph 30, the term "Required Addition Rate" shall mean addition of 20.0 Average Weight % of Total Catalyst Added, unless EPA agrees to a lesser weight % addition rate for a particular SO2 Reducing Catalyst Additive based on a demonstration by ExxonMobil that a lesser addition rate achieves an equal or greater total reduction in SO2 emissions from the Billings FCCU. The Average Weight % of Total Catalyst Added shall be calculated based on the Total Catalyst Addition Rate during the two year baseline period from November 2001 to October 2003. As required by this Paragraph 29 and Paragraph 30, ExxonMobil shall add SO2 Reducing Catalyst Additive at the Required Addition Rate in a manner that minimizes SO2 emissions; provided, however, that ExxonMobil shall not be required to use the Additive in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate or yield selectivity, unless reasonable steps can be taken to eliminate the problem or compensate for such impairment. 11 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 13 of 38 b. Final SO2 Limits. The final long-term and short-term SO2 limits for the Billings FCCU shall be established by one of two methods, designated as "Option A" and "Option B" below. (1) Option A. Under Option A, the final long-term and short-term SO2 limits for the Billings FCCU shall be set pursuant to Subparagraph 30.i based on the results achieved during the demonstration period in Step 2 of the SO2 Reducing Catalyst Additive protocol. ExxonMobil shall comply with any long-term and short-term Final SO2 Limits set under Subparagraph 30.i according to the schedule prescribed by Subparagraph 30.i. (2) Option B. Under Option B, ExxonMobil may, at any time up to and including its proposing emission limits under Subparagraph 30.h, accept and agree to comply immediately with concentration-based SO2 emission limits of 25 ppmvd on a 365-day rolling average and 50 ppmvd on a 7-day rolling average basis, both at 0% oxygen, for the Billings FCCU. In such circumstances, ExxonMobil shall be absolved of any remaining obligations for the Billings FCCU under Paragraph 30 of this Consent Decree. * * * * 30. Particular Requirements for the Billings FCCU: Conversion to Full Burn Operation and Two-Step SO2 Reducing Catalyst Additive Program. Unless and until ExxonMobil selects Option B under Subparagraph 29.b.(2), ExxonMobil shall implement an SO2 emissions control program for the Billings FCCU as specified by this Paragraph. The program shall include conversion of the Billings FCCU to Full Burn Operation and implementation of a special two-step protocol using SO2 Reducing Catalyst Additives, as described below. 12 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 14 of 38 a. Conversion of Billings FCCU to Full Burn Operation. By no later than 30 days after the Entry Date, ExxonMobil shall convert the Billings FCCU to Full Burn Operation. b. SO2 Baseline Data for the Billings FCCU. By no later than 210 days after the Entry Date, ExxonMobil shall submit to EPA and the Applicable Co-Plaintiff a report on the baseline period beginning 60 days after the Entry Date and ending 180 days after the Entry Date. During that baseline period, the FCCU shall be operated in Full Burn Operation mode, without use of SO2 Reducing Catalyst Additives. The Baseline Data Report shall include all relevant SO2 and O2 CEMS data and all other data set forth in Appendix H. c. Identification and Selection of SO2 Reducing Catalyst Additives for Trial Use and Trial Procedures. By the following dates, ExxonMobil shall select and submit for EPA approval a written plan for use of at least three commercially available SO2 Reducing Catalyst Additives that ExxonMobil proposes to use for short-term trials at the Billings FCCU. No later than 255 Days after the Entry Date for the Step 1 trials of currentgeneration SO2 Reducing Catalyst Additives No later than January 15, 2010 for the Step 2 trials of futuregeneration SO2 Reducing Catalyst Additives In the plan for each set of short-term trials, ExxonMobil shall describe, in detail, the trial procedures to be used, including but not limited to: (i) the amount of additive to be baseloaded into the regenerator; (ii) the method of additive loading; and (iii) the expected timing and duration of the trial. Each such plan shall also propose use of at least three specific SO2 Reducing Catalyst Additives that are likely to perform the best at reducing SO2 emissions in the FCCU. EPA will base its approval or disapproval of the SO2 Reducing Catalyst Additives on its 13 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 15 of 38 assessment of the performance of the proposed Additives in other FCCUs and the similarity of those FCCUs to ExxonMobil's Billings FCCU, with the objective of testing SO2 Reducing Catalyst Additives likely to have the best performance in reducing SO2 emissions. If EPA objects to one or more of the proposed SO2 Reducing Catalyst Additives, or if EPA objects to any other aspect of ExxonMobil's plan, then EPA will explain the basis of its objections in writing. In the event that ExxonMobil submits less than three approvable Additives, EPA shall identify and by that identification approve the use of other SO2 Reducing Catalyst Additives by ExxonMobil. d. Performance of the Short-Term Trials. In each Step of the protocol, ExxonMobil shall perform a set of short-term trials in accordance with the plan approved by EPA under Subparagraph 30.c. ExxonMobil shall commence and complete the short-term trials in accordance with the following schedule: For the Step 1 trials of current-generation SO2 Reducing Catalyst Additives: Commencement Date No later than 300 days after the Entry Date Completion Date No later than 480 days after the Entry Date For the Step 2 trials of future-generation SO2 Reducing Catalyst Additives: Commencement Date No later than March 1, 2010 Completion Date No later than October 1, 2010 e. Reports on the Short-Term Trials. For each Step of the protocol, ExxonMobil shall submit a written report to EPA describing the performance of each SO2 Reducing Catalyst Additive that was tested in the short-term trials. (1) In each Trials Report, ExxonMobil shall summarize the results of the trials and shall provide all relevant SO2 and O2 CEMS data and all other data set forth in Appendix H. Each Trials Report shall also summarize any safety problems or impairments of unit feed rate, conversion, feed slate, or yield selectivity observed in the 14 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 16 of 38 trials, and all steps that were taken to attempt to eliminate the problems or compensate for such impairments. (2) In each Trials Report, ExxonMobil shall identify the Additive that achieved the lowest SO2 concentration, corrected to 0% O2, when averaged over the entire trial period and the additive that reduced emissions the most from a predicted uncontrolled baseline during the trials (the "Best-Performing Additive"). If EPA determines that another Additive tested in the trials was the Best-Performing Additive in the trials, then EPA, after consultation with the Applicable Co-Plaintiff, will so notify ExxonMobil and ExxonMobil shall treat that Additive as the Best-Performing Additive and use it at the specified addition rate in the Step 1 Interim Reduction Period (under Subparagraph 30.f) or the Step 2 Demonstration (under Subparagraph 30.g). (3) ExxonMobil shall submit the Trials Reports in accordance with the following schedule: For the Step 1 trials of current-generation SO2 Reducing Catalyst Additives: Report Due Date No later than 540 days after the Entry Date For the Step 2 trials of future-generation SO2 Reducing Catalyst Additives: Report Due Date No later than December 1, 2010 f. Step 1 Interim Reduction Period. By no later than 585 days after the Entry Date, ExxonMobil shall commence and continue use of the Best-Performing Additive for Step 1 at the Required Addition Rate, and beginning April 1, 2008 shall commence and continue use of the Best-Performing Additive for Step 1 at the Required Addition Rate plus 2.0%; provided, however, that ExxonMobil shall not be required to operate the FCCU or use the Additive in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate, or yield selectivity, unless reasonable steps can be taken to eliminate the problem or compensate for such 15 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 17 of 38 impairment. ExxonMobil shall continue using the Best-Performing Additive at the Required Addition Rate plus 2.0% until commencement of the Step 2 trials under Subparagraph 30.d. g. Step 2 Demonstration. ExxonMobil shall commence and complete a demonstration of the Best-Performing Additive for Step 2 in accordance with the following schedule: Commencement Date No later than January 15, 2011 Completion Date No later than January 15, 2012 During the Step 2 demonstration, ExxonMobil shall use the Best-Performing Additive for Step 2 at the Required Addition Rate and shall operate the FCCU and the CO boiler in a manner that minimizes SO2 emissions; provided, however, that ExxonMobil shall not be required to operate the FCCU or use the Additive in a manner that creates a safety problem or impairs unit feed rate, conversion, feed slate, or yield selectivity, unless reasonable steps can be taken to eliminate the problem or compensate for such impairment. Even after completion of the demonstration, ExxonMobil shall continue using the Best-Performing Additive at the Required Addition Rate until ExxonMobil begins complying with proposed and final SO2 emission limits under Subparagraphs 30.h and 30.i. h. Step 2 Demonstration Report. By no later than March 15, 2012, ExxonMobil will submit a written report to EPA on the results of the Step 2 Demonstration. In the Step 2 Demonstration Report, ExxonMobil shall summarize the results of the demonstration and shall provide all relevant SO2 and O2 CEMS data and all other data set forth in Appendix H. In the Step 2 Demonstration Report, ExxonMobil shall propose a long-term (i.e., 365-day rolling average) and short-term (i.e., 7-day rolling average) concentration-based (ppmvd) SO2 emission limits, both as measured at 0% O2, for the Billings FCCU. ExxonMobil shall comply with the 16 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 18 of 38 emission limits it proposes for the Billings FCCU beginning immediately upon submission of the Step 2 Demonstration Report. ExxonMobil shall continue to comply with these limits unless and until ExxonMobil is required to comply with the emissions limits set by EPA pursuant to Subparagraph 30.i. i. Establishment of Final Limits for the Billings FCCU. EPA will use the data collected during the Step 2 Demonstration Period, as well as all other available and relevant information, to establish long-term and short-term final limits for SO2 emissions from the Billings FCCU. EPA will establish 365-day rolling average and 7-day rolling average concentration-based (ppmvd) SO2 emission limits, corrected to 0% oxygen, which limits can be met with a reasonable certainty of compliance. Such limits may be the same as the limits proposed by ExxonMobil in accordance with Subparagraph 30.h. ExxonMobil may propose, and EPA may establish, alternative emissions limits to be applicable during alternative operating scenarios. EPA will determine the limits based on: (i) the level of performance during the Step 2 Demonstration Period; (ii) a reasonable certainty of compliance; and (iii) any other available and relevant information. EPA will notify ExxonMobil of its determination of the long-term and short-term concentration-based SO2 emissions limits. ExxonMobil shall immediately (or within thirty (30) days, if EPA's limit is more stringent than the limit proposed by ExxonMobil) operate the FCCU so as to comply with the EPA-established emission limits. Disputes regarding the appropriate emission limits shall be resolved in accordance with the dispute resolution provisions of this Decree; provided, however, that during the period of dispute resolution, ExxonMobil shall use Additive in the manner and amount applicable during the Step 2 Demonstration Period (in lieu of meeting the EPA-established limits). * * * * 17 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 19 of 38 72. Construction and Operation of Upgraded Flare Gas Recovery Systems. a. ExxonMobil currently operates existing flare gas recovery systems at the Baton Rouge, Baytown, Beaumont, Billings, and Torrance Refineries. b. By no later than September 30, 201042 months after the Entry Date, ExxonMobil will construct and commence operation of enhancements to its existing flare gas recovery systems at the Beaumont Refinery. Those enhanced flare gas recovery systems will serve certain NSPS Flaring Devices at the Beaumont Refinery, as specified in Appendix G. c. By no later than September 30, 201048 months after the Entry Date, ExxonMobil will construct and commence operation of enhancements to its existing flare gas recovery system at the Billings Refinery. That enhanced flare gas recovery system will serve both the NSPS Flaring Devices at the Billings Refinery that are identified in Appendix G. d. By no later then the Entry Date, ExxonMobil shall construct and commence operation of flare gas recovery facilities at the Joliet Refinery pursuant to the IEPA Construction Permit for the Joliet Coker Blowdown Recovery Project (Application Number 03060091). * * * * 143. Emission Limits and Standards. The following Consent Decree requirements shall constitute the emission limits and standards that are required to be incorporated into permits under Paragraphs 141 and 142: i. the interim emission limits and standards imposed by Subparagraphs 16.b, 17.b, 29.a, 30.f, 30.g, and 68.b, for so long as each such interim emission limit or standard applies under this Consent Decree; and ii. the requirements specified in Subparagraphs 145.a.(1) through 145.a.(9), that shall survive termination of the Consent Decree. * * * * 18 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 20 of 38 145. Obligations that Shall Survive Consent Decree Termination. The requirements imposed by the following provisions of this Consent Decree that shall survive termination of the Consent Decree under Section XVIII: a. Emission Limits and Standards. The following Consent Decree requirements shall constitute emission limits and standards that shall survive termination of the Consent Decree by virtue of being incorporated into federally-enforceable permits: (1) Subparagraphs 13.b, 14.b, 15.d, 16.c, 17.b17.d, 18.b, 19.b, and Paragraph 21 in Subsection V.B; (2) Subparagraphs 23.b, 24.b, 25.b, 26.b, 27.b, 28.b, 29.b, and Paragraph 32 in Subsection V.C; (3) Paragraphs 34 and 35 (if applicable as of the date of termination) in Subsection V.D; (4) Paragraphs 39, 40 (if applicable as of the date of termination), and 42 in Subsection V.E; (5) Paragraph 43 and 44 in Subsection V.F; (6) Paragraphs 52, 53 and 54 in Subsection V.G; (7) Subparagraphs 59.a and 59.b and Paragraph 60 in Subsection V.H; (8) Paragraphs 63 and 64, Subparagraph 67.e, and Paragraph 69 in Subsection V.I; and (9) Paragraphs 70, 71, and 73 in Subsection V.J. 19 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 21 of 38 b. Certain Other Requirements (1) Subparagraph 65.a (as specified therein) in Subsection V.I; (2) Paragraph 79 (as specified therein) and Subparagraph 91.a (as specified therein) in Subsection V.K; (3) Paragraph 92 (as specified therein) in Subsection V.L; (4) All of this Subsection V.Q; and (5) All of Section VI. c. Agreement Required for Changes to Surviving Requirements. In the event ExxonMobil should ever seek, after termination of this Consent Decree, to delete or modify an emission limit or standard surviving termination by virtue of Subparagraph 145.a, such emission limit or standard shall not be deleted or modified unless EPA and the Applicable Co-Plaintiff shall have first agreed in writing to the deletion or modification. In the event that ExxonMobil should ever seek to delete or modify any of the certain other requirements surviving termination pursuant to Subparagraph 145.b, such requirement shall not be deleted or modified unless EPA and the Applicable Co-Plaintiff shall have first agreed in writing to the deletion or modification. * * * * 161. ExxonMobil shall submit Semi-Annual Reports to EPA and the Applicable CoPlaintiff that contain the following information: i. a progress report on the implementation of the requirements of Section V (Affirmative Relief) at the Covered Refineries; ii. a summary of the emissions data, including a separate identification of any exceedance(s) of Consent Decree emission limitations or standards for the Covered Refineries set forth in or established pursuant to Section V of this Consent Decree, for the six (6) month period covered by the report; iii. a description of any problems anticipated with respect to meeting the requirements of Section V of this Consent Decree at the Covered Refineries; 20 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 22 of 38 iv. a progress report on the implementation of the requirements of Section VIII (Environmentally Beneficial Projects); v. any such additional matters as ExxonMobil believes should be brought to the attention of EPA and the Applicable Co-Plaintiff; and vi. additional items required by another Paragraph of this Consent Decree to be submitted with a Semi-Annual Report. Semi-Annual Reports shall be submitted by August 31 (covering the period from January 1 to June 30) and February 28 (covering the period from July 1 to December 31), provided, however, that the first such Report shall be due on August 31, 2006 (covering the period from December 31, 2005 to June 2006)with the first such Report due on the first reporting date after the Entry Date. The Semi-Annual Report shall be certified by: (i) the person responsible for environmental management and compliance for each of the Covered Refineries; or (ii) a person responsible for overseeing implementation of this Decree for ExxonMobil, as follows: I certify under penalty of law that this information [related to _______ refiner(y)(ies)] was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my directions and my inquiry of the person(s) who manage the system, or the person(s) directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. * * * * 166. For failure to meet any FCCU Interim NOx Limit or Final NOx Limit set forth in or established pursuant to Subparagraphs 13.b, 14.b, 16.b, 16.c, 17.b, 17.d, 18.b, or 19.b, per FCCU: $750 for each calendar day in a calendar quarter in which the short-term rolling average exceeds the applicable limit; and $2,500 for each calendar day in a calendar quarter on which the specified 365-day rolling average exceeds the applicable limit. * * * * 21 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 23 of 38 167. For failure to comply with any of the Beaumont Interim NOx Control Measures specified by Subparagraph 14.c, any of the Baton Rouge and Beaumont NOx Minimization Studyies requirements specified by Paragraph 15, or any of the Billings NOx Reduction Study requirements specified by Paragraph 17, including submission of required reports, per day: Period of Non-Compliance 1st through 30th day after deadline 31st through 60th day after deadline Beyond 60th day after deadline Penalty per day $1,000 $1,500 $2,000, or an amount equal to 1.2 times the economic benefit of non-compliance whichever is greater * * * * 237. Liability Resolution Regarding the Applicable NSR/PSD Requirements. With respect to emissions of the following pollutants from the following units, entry of this Consent Decree shall resolve all civil liability of ExxonMobil to the United States and the Applicable Co-Plaintiffs for alleged violations of the Applicable NSR/PSD Requirements resulting from construction or modification from the date of the pre-Lodging construction or modification up to the following dates: Unit Pollutant Date Baton Rouge PCLA 2 SO2 January 1, 2006 NOx 455 days after the Entry Date Baton Rouge PCLA 3 SO2 January 1, 2006 NOx 455 days after the Entry Date Baytown FCCU 2 SO2 December 31, 2009 NOx June 30, 2010 Baytown FCCU 3 SO2 Entry Date NOx June 30, 2010 Beaumont FCCU SO2 Entry Date NOx July 1, 2009October 1, 2009 22 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 24 of 38 Billings FCCU SO2 Either: (i) March 15, 2012, if the Final SO2 Limit is established by election of Option A under Subparagraph 29.b.(1); or (ii) the date on which a Final SO2 Limit is established by election of Option B under Subparagraph 29.b.(2) NOx June 30, 2009December 31, 2008 Joliet FCCU SO2 December 31, 2008 NOx December 31, 20102012 Torrance FCCU SO2 Entry Date NOx Entry Date All Combustion Devices listed in Appendix A NOx September 30, 2010 All heaters and boilers other than those in Appendix A NOx Entry Date All heaters and boilers listed in Appendix C SO2 Dates listed in or derived from Appendix C All heaters and boilers other than those listed in Appendix C SO2 Entry Date All Other Fuel Gas Combustion Devices listed in Appendix D SO2 Dates listed in or derived from Appendix D * * * * 250. Resolution of Liability Regarding LDAR Requirements. Entry of this Consent Decree shall resolve the civil liability of ExxonMobil to the United States and the Applicable Co-Plaintiffs for alleged violations of LDAR Requirements at the Covered Refineries that either: (i) commenced and ceased prior to the Consent Decree Entry Date; or (ii) commenced prior to the Entry Date and continued past the Entry Date, provided that the events giving rise to such post-Entry violations are based on events that are identified in the LDAR Initial Audit Report 23 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 25 of 38 required under Subparagraph 120.b and are corrected pursuant to the requirements of Paragraph 121. * * * * 266. Notice. Unless otherwise provided herein, notifications to or communications between the Parties shall be deemed submitted on the date they are postmarked. Notifications and communications shall be sent by U.S. Mail, postage pre-paid, or private courier service, except for notices under Section XIV (Force Majeure) and Section XV (Retention of Jurisdiction/Dispute Resolution) which shall be sent by overnight mail or by certified or registered mail, return receipt requested. Each report, study, notification or other communication of ExxonMobil shall be submitted as specified in this Consent Decree, with copies to EPA Headquarters, the applicable EPA Region, and the Applicable Co-Plaintiff. If the date on which a notification or other communication is due falls on a Saturday, Sunday or legal holiday, the deadline for such submission shall be enlarged to the next business day. Except as otherwise provided herein, all reports, notifications, certifications, or other communications required under this Consent Decree to be submitted or sent to the United States, EPA, the Applicable CoPlaintiffs, and/or ExxonMobil shall be addressed as follows: As to the United States: Chief Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Reference Case No. 90-5-2-1-07030 24 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 26 of 38 As to EPA: EPA Headquarters: U.S. Environmental Protection Agency Director, Air Enforcement Division Office of Regulatory Enforcement Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Mail Code 2242-A Washington, DC 20460 with a hard copy to Director, Air Enforcement Division Office of Regulatory Enforcement c/o Matrix New World Engineering, Inc.Environmental & Geotechnical Services 120 Eagle Rock Avenue, Suite 207215 Ridgedale Avenue East Hanover, NJ 07936-3159Florham Park, NJ 07932 and an electronic copy to jmack@matrixneworld.comneichlin@matrixengineering.com foley.patrick@epa.gov EPA Region 5: Air and Radiation Division U.S. EPA, Region 5 77 West Jackson Blvd. (AE-17J) Chicago, IL 60604 Attn: Compliance Tracker and Office of Regional Counsel U.S. EPA, Region 5 77 West Jackson Blvd. (C-14J) Chicago, IL 60604 EPA Region 6: Chief Air, Toxics, and Inspections Coordination Branch Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 25 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 27 of 38 EPA Region 8: Air Program Coordinator U.S. Environmental Protection Agency, Region 8 Montana Office 10 W. 15th St., Suite 3200 Helena, MT 59626 EPA Region 9: Director Air Division Mail Code AIR-1 USEPA Region 9 75 Hawthorne Street San Francisco, CA 94105 As to the State of Illinois: Manager Compliance and Enforcement Section Illinois Environmental Protection Agency 1021 North Grand Avenue, East P.O. Box 19276 Springfield, IL 62794 and Field Operations Section Illinois Environmental Protection Agency 9511 West Harrison Des Plaines, IL 60016 and Maureen Wozniak Assistant Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue, East P.O. Box 19276 Springfield, IL 62794 26 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 28 of 38 As to the State of Louisiana: Peggy M. Hatch Administrator, Enforcement Division Office of Environmental Compliance Louisiana Department of Environmental Quality P.O. Box 4312 Baton Rouge, LA 70821-4312 As to the State of Montana: Enforcement Division Administrator Montana Department of Environmental Quality P.O. Box 200901 Helena, MT 59620-0901 and Bureau Chief Air Resources Management Bureau Montana Department of Environmental Quality P.O. Box 200901 Helena, MT 59620-0901 As to ExxonMobil: Assistant General Counsel, Litigation Law Department Exxon Mobil Corporation 800 Bell Street ExxonMobil Building, Room 1503B Houston, TX 77022 Tel. 713-656-3431 Fax 713-656-7719 and Downstream Environment and Global Compliance Manager Exxon Mobil Corporation 3225 Gallows Road Room 8B 0233 Fairfax, VA 22037-0001 27 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 29 of 38 With a copy to each applicable refinery as shown below: As to Baton Rouge: Refinery Manager ExxonMobil Baton Rouge Refinery P.O. Box 551 Baton Rouge, LA 70821-0551 As to Baytown: Refinery Manager ExxonMobil Baytown Refinery P.O. Box 3950 Baytown, TX 77522-3950 As to Beaumont: Refinery Manager ExxonMobil Beaumont Refinery P.O. Box 3311 Beaumont, TX 77704 As to Billings: Refinery Manager ExxonMobil Billings Refinery P.O. Box 1163 Billings, MT 59103 As to Joliet: Refinery Manager ExxonMobil Joliet Refinery P.O. Box 874 Joliet, IL 60434 As to Torrance: Refinery Manager ExxonMobil Torrance Refinery 3700 W. 190th Street Torrance, CA 90509-2929 28 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 30 of 38 Any Party may change either the notice recipient or the address for providing notices to it by serving all other parties with a notice setting forth such new notice recipient or address. 29 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 31 of 38 Appendix C: Refinery Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baytown Billings NSPS Subpart J Compliance Schedule for Certain Heaters and Boilers Combustion Device PHLA-2-F-1 PHLA-2-F-2 PHLA-2-F-3 PHLA-2-F-4 PHLA-2-F-5 PHLA-2-F-6 FEED PREP F-30 FEED PREP F-31 4LEU-E F-1 4LEU-W F-1 4LEU-W F-2 LELA-E F-1 LELA-S F-4 KDLA- F-425 KDLA F-451 LE Unit Heater F-601 LE Unit Heater F-804 Pipestill Heater F-1 Compliance Date 1/ December 31, 2008 December 31, 2008 December 31, 2008 December 31, 2008 December 31, 2008 Submit AMP six months after Entry Date for NSPS vent stream October 31, 2009December 31, 2008 2/ 1/ As provided by Consent Decree Subparagraph 59.c, where this Appendix C refers to an AMP submittal date rather than a final compliance date, ExxonMobil will submit an AMP application for the listed device by the date specified, and the device shall become an affected facility on the date that ExxonMobil receives EPA's approval of the relevant AMP. 2/ Between the Entry Date and October 31, 2009December 31, 2008, Billings Pipestill Heater F-1 shall comply with the emission limitation specified by 40 C.F.R. 60.104(a)(1) at all times, except when SWS T-23 ammonia overhead gas is combusted in the unit as permitted by pertinent provisions of the Montana State Implementation Plan. 30 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 32 of 38 Appendix D: Refinery Baton Rouge Baton Rouge Baytown Baytown Baytown Baytown Beaumont Billings Joliet Joliet Torrance Torrance Torrance Torrance NSPS Subpart J Compliance Schedule for Certain Other Fuel Gas Combustion Devices Combustion Device MVR Combustor/Flare No. 1 MVR Combustor/Flare No. 2 Compliance Date 4/ AMP pending AMP pending MVR Thermal Oxidizer VCU-440 MVR Thermal Oxidizer VCU-470 Thermal Oxidizer for Loading Racks 22 & 3 Caustic Oxidation Unit Incinerator MVR - John Zink Combustor FCCU CO Boiler NBRU Thermal Vapor Incinerator 38B-1 SBRU Thermal Vapor Incinerator 38B-2 API Thermal Oxidizer 72F2 API Thermal Oxidizer 72F4 Resid Loading Rack Incinerator 50J-30 Sulfur Pit Vapor Incinerator 28F-11 Submit AMP six months after Entry Date Submit AMP six months after Entry Date Submit AMP six months after Entry Date Submit AMP six months after Entry Date Submit AMP six months after Entry Date Treat or re-route SWS T-23 ammonia overhead gas by no later than October 31, 2009December 31, 2008; Submit AMP six months after Entry Date for Unsaturated Light Ends Merox Vent stream (DSO Offgas stream) Shutdown, treat, or re-route stream by no later than December 31, 2008 Shutdown, treat, or re-route stream by no later than December 31, 2008 Submit AMP six months after Entry Date Submit AMP six months after Entry Date Submit AMP six months after Entry Date Shutdown, treat, or re-route stream by July 1, 2009 4/ As provided by Consent Decree Subparagraph 59.c, where this Appendix D refers to an AMP submittal date rather than a final compliance date, ExxonMobil will submit an AMP application for the listed device by the date specified, and the device shall become an affected facility on the date that ExxonMobil receives EPA's approval of the relevant AMP. 31 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 33 of 38 Appendix G: NSPS Subpart J Compliance Schedule for NSPS Flaring Devices Operated by Covered Refineries Refinery Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baton Rouge Baytown Baytown Baytown Baytown Baytown Baytown Baytown Baytown Flaring Device Flare 5 Flare 8 Flare 9 Flare 17 Flare 19 Flare 20 Flare 21 Flare 23 Flare 24 Flare 3 Flare 4 Flare 5 Flare 6 Flare 11 Flare 14 Flare 15 Flare 16 Compliance Date 6/ Compliance Method Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.ii Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Entry Date Subparagraph 73.a.i Submit AMP six months after Entry Date for HF3 vent stream routed to flare downstream from flare gas recovery system Subparagraph 73.a.iii All other streams routed to Flare 4, through flare gas recovery system Entry Date Entry Date for emergency service All other streams routed to Flare 6, through flare gas recovery system Monitor with CEMS as required by 40 C.F.R. 60.105(a)(3) or (a)(4) by no later than 12 months after Entry Date Monitor with CEMS as required by 40 C.F.R. 60.105(a)(3) or (a)(4) by no later than 12 months after Entry Date Entry Date Entry Date Subparagraph 73.a.i Subparagraph 73.a.i Subparagraph 73.a.ii Subparagraph 73.a.i Subparagraph 73.a.iv Subparagraph 73.a.iv Subparagraph 73.a.i Subparagraph 73.a.i 6/ As provided by Consent Decree Subparagraph 73.b, where this Appendix G refers to an AMP submittal date rather than a final compliance date, ExxonMobil will submit an AMP application for the listed device by the date specified, and the device shall become an affected facility on the date that ExxonMobil receives EPA's approval of the relevant AMP. 32 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 34 of 38 Appendix G: NSPS Subpart J Compliance Schedule for NSPS Flaring Devices Operated by Covered Refineries (continued) Refinery Baytown Baytown Baytown Baytown Baytown Baytown Baytown Baytown Baytown Beaumont Beaumont Beaumont Flaring Device Flare 17 Flare 18 Flare 19 Flare 20 Flare 21 Flare 22 Flare 25 Flare 26 Flare 27 High Pressure (HP) Flare Low Pressure (LP) Flare FCC Flare Compliance Date 24 months after Entry Date (so that certain streams can be re-routed by that Compliance Date) Entry Date Entry Date for emergency service Submit AMP six months after entry for intermittent low mass sweet streams 24 months after Entry Date for streams other than HF4 stream (so that certain streams can be rerouted by that Compliance Date) Submit AMP six months after Entry Date for monitoring HF4 stream when Flare 17 is on turnaround Entry Date Entry Date for emergency service Submit AMP six months after Entry Date for monitoring intermittent low mass sweet streams when Flare 19 is on turnaround Entry Date for emergency service Submit AMP six months after Entry Date for monitoring intermittent refinery fuel gas streams and natural gas streams Submit AMP six months after Entry Date for monitoring certain sweet streams and nitrogencontaining streams Monitor with CEMS as required by 40 C.F.R. 60.105(a)(3) or (a)(4) by no later than 12 months after Entry Date September 30, 201042 months after Entry Date (so that flare gas recovery system upgrades can be completed by that Compliance Date) September 30, 201042 months after Entry Date (so that flare gas recovery system upgrades can be completed by that Compliance Date) September 30, 201042 months after Entry Date (so that flare gas recovery system upgrades can be completed by that Compliance Date) Compliance Method Subparagraph 73.a.i Subparagraph 73.a.i Subparagraph 73.a.ii Subparagraph 73.a.iii Subparagraph 73.a.i Subparagraph 73.a.iii Subparagraph 73.a.i Subparagraph 73.a.ii Subparagraph 73.a.iii Subparagraph 73.a.ii Subparagraph 73.a.iii Subparagraph 73.a.iii Subparagraph 73.a.iv Subparagraph 73.a.i Subparagraph 73.a.i Subparagraph 73.a.i 33 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 35 of 38 Appendix G: NSPS Subpart J Compliance Schedule for NSPS Flaring Devices Operated by Covered Refineries (continued) Refinery Beaumont Beaumont Beaumont Billings Billings Torrance Torrance Torrance Torrance Flaring Device CHD 1 Flare CHD 2 Flare Coker Flare 7/ Main Flare Turnaround Flare Flare 55F-1 Flare 65F-3 Flare 65F-4 Enclosed Ground Flare 65F-8 8/ Compliance Date September 30, 201042 months after Entry Date September 30, 201042 months after Entry Date September 30, 201042 months after Entry Date September 30, 201048 months after Entry Date (so that flare gas recovery system upgrades and other improvements can be completed by that Compliance Date) September 30, 201048 months after Entry Date (so that flare gas recovery system upgrades and other improvements can be completed by that Compliance Date) Submit AMP six months after Entry Date Entry Date Entry Date Entry Date Compliance Method Subparagraph 73.a.i, 73.a.ii, or 73.a.iii Subparagraph 73.a.i, 73.a.ii, or 73.a.iii Subparagraph 73.a.i, 73.a.ii, or 73.a.iii Subparagraph 73.a.iii Subparagraph 73.a.iii Subparagraph 73.a.iii Subparagraph 73.a.i Subparagraph 73.a.i Subparagraph 73.a.i 7/ With respect to the Beaumont Refinery's CHD 1 Flare, CHD 2 Flare, and Coker Flare, by no later than September 30, 201042 months after the Entry Date, ExxonMobil shall either: (i) complete flare gas recovery system upgrades to bring the particular flare into compliance with Subparagraph 73.a.i; or (ii) reroute streams as required to bring the particular flare into compliance with Subparagraph 73.a.ii or 73.a.iii. In the first Semi-Annual Report that is due under Section IX after September 30, 2010that 42 month period, ExxonMobil shall identify and certify compliance with a specific compliance method (i.e., either Subparagraph 73.a.i, 73.a.ii, or 73.a.iii ) for each of those three Beaumont Refinery flares. 8/ Enclosed Ground Flare 65F-8 is an enclosed combustion device that: (i) is not subject to the velocity test requirement referenced in Subparagraph .b.(2) of this Consent Decree; and (ii) is subject to the requirements imposed by SCAQMD Rule 1118 and 40 C.F.R. 60.482-10 and 60.486(d). 34 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 36 of 38 Appendix G: NSPS Subpart J Compliance Schedule for NSPS Flaring Devices Operated by Covered Refineries (continued) Identification of Particular Low Volume/Low Pressure Streams to be Routinely Combusted in Certain Baytown Refinery Flaring Devices 1. Low Volume/Low Pressure Streams to be Routinely Combusted in Baytown Flare 11 and/or Baytown Flare 14 a. Hydrocracker Unit 1 (HCU-1) S-702 (C-708 suction knock out drum) drain D-713 (C-708 1st stage discharge knock-out drum) drain D-714 (C-708 2nd stage discharge knock-out drum) drain D-770 (C-770 1st stage suction knock-out drum) drain D-771 (C-770 2nd stage suction knock-out drum) drain D-772 (C-770 3rd stage suction knock-out drum) drain D-780 (C-780 1st stage suction knock-out drum) drain D-781 (C-780 2nd stage suction knock-out drum) drain D-782 (C-780 3rd stage suction knock-out drum) drain D-780 Low-point piping seal pot drains from C-770 & C-780 D-773 (C-770 filter knock-out drum) drain D-783 (C-780 filter knock-out drum) drain D-771, D-772, D-781, D-782 (knock-out liquid) vents C-780 suction drain C-770 suction drain S870 hydrogen comp. coalescer drain D-901 (water drain) T-810 (sample point vents) R-701 (sample point vent) D-717A (C-701 sour seal oil drain) D-717B (C-701 sour seal oil drain) S-704C (C-708 peco filter) D-703 (sour water sample) D-715 (skim line) D-905 (blend gas knock out) D-906 (blowdown header low point drain) b. FCCU 3 C-302 (FCCU 3 wet gas compressor) seal oil liquid collection pot drain C-303 (FCCU 3 wet gas compressor) seal oil liquid collection pot drain C-301 (FCCU 3 wet gas compressor) seal oil filtration system vent D-504 C (boiler pilot gas knock out) D-303 (slop drum vent) D-302 (sample point vent) Dopak sample points D-30A F-103 (fuel gas knock out) 35 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 37 of 38 D-406 F-105 (fuel gas knock out) D-1502 A, B, C (boiler fuel gas knock outs) c. Hydrofining Unit 9 (HU-9) D-390 (DCU flare knock-out drum) overhead vent C-361 / 362 (hydrogen recycle and make-up compressors) buffer gas (N2) vent and drains off compressor lube pots [through D-390] RGB / LBG fuel gas knock-out drum liquid drain [through D-390] d. Equipment leaks and purges from components such as pumps, compressors, valves, etc. 2. Low Volume/Low Pressure Streams to be Routinely Combusted in Baytown Flare 27 a. DCU D-617 (residual flow from DCU flare knock-out drum) D-612 vent (DCU blowdown settling drum) 2 - C-601 suction lines condensible drains (during winter months) b. PS-3/7 D-421 (hydrocarbon containment drum) D-422 (hydrocarbon containment drum) c. Equipment leaks and purges from components such as pumps, compressors, valves, etc If ExxonMobil identifies any other low volume/low pressure stream that is routinely combusted in Baytown Flare 11, Flare 14, or Flare 27, EPA may approve addition of that stream to this Appendix through a non-material modification under Consent Decree Paragraph 269, so long as the other conditions of Subparagraph 73.a.iv are met. 36 Case 1:05-cv-05809 Document 14-2 Filed 12/17/2008 Page 38 of 38 SIGNATORIES Each of the undersigned representatives certifies that he or she is fully authorized to enter into the Third Decree Amendment on behalf of such Parties, and to execute and to bind such Parties to this Third Decree Amendment. This Third Decree Amendment may be signed in counterparts. Dated and entered this _______ day of __________, 200___ _______________________________ UNITED STATES DISTRICT JUDGE 37