i

D E PA RT M E N T O F P U B L I C H E A LT H

James W. Buehler, M.D.

CITY OF PHILADELPHIA

Health Commissioner

Nan Feyler, JD, MPH

Chief of Staff
Air Management Services
Thomas Huynb
Director

Facility Compliance & Enforcement

321 University Avenue, 2nd Floor
Philadelphia, PA 19104
Telephone (215)685-7580
Fax
(215)685-7593

NOTICE

OF

V I O L AT I O N
April 23,2015

CERTIFIED MAIL NO: 70141200 0000 3935 5499

Philadelphia Energy Solutions Refining and Mai^eting, LLC

c/o: Charles D. Baricsdale Jr.

Manager, Environmental Department

3144 Passyunk Avenue

Philadelphia, PA 19145-5299

1 RE: Notice of Violations: Air Pollution / Ti tie V Operating Permit Violations at Philadelphia
Refinery Identified from January 13 - April 8,2015 Malfunction Reports
Facility: PLID No. 01501 PES Refin< iry, 3144 Passyunk Ave., Philat ielphia, PA
I

AMS Meeting Request Deadline: | Ten Days after Notice of Viola tions Receipt
The City of Philadelphia Department of Public Health, Air Managemert Services (AMS) is chained
with enforcing Title 3 of the Philadelphia Code^of Ordinances, known as the Air Management Code (AMC),
and the Air Management Regulations (AMRs) promulgated thereunder. The AMRs incorporate certain state
and federal regulations, including Pennsylvania Environmental Quality Board regulations 25 Pa. Code
121-129 and 131-145 and United States Environmental Protection Agency (EPA) regulations 40 C.F.R.
52.21 (Prevention of Significant Deterioration of Air Quality), 40 C.F.R. 60 (New Source Performance
Standards), 61 (National Emissions Standards for Hazardous Air Pollutants), and 63 (Maximum Achievable
Control Technology). Here, the applicable AMRs are part of EPA's approved S tate Implementation Plan for
Philadelphia County and for the Metropolitan Philadelphia Interstate Air Qualitj Control Region, 40 C.F.R.
52.2020 et seq., as authorized by the Federal Clean Air Act, 42 U.S.C. 7401 et. seq. Penn^lvania's Air
Pollution Control Act, 35 P.S. 4001-4015, also authorizes AMS to enforce the Pennsylvania Code
provisions cited above.
Philadelphia Energy Solutions Refining and Marketing, LLC (PES) own > and operates the PES
Refinery located at 3144 Passyunk Ave, Philadelphia, PA 19145 (Facility) pursua nt to Title V Operating
Permit (TVOP) No. V06-016, Issued July 18,2014. As required by TVOP No. V06-016, PES submitted
malfunction reports, dated January 13,2015, February 16,2015, February 24,2015, March 5,2015, March

10,2015, April 2,2015, April 7,2015 and April js, 2015 to AMS. AMS completed a review of said reports

and identified the following violations: i

OPNo.V06-016D.21(aXl)
?lan Approval No. 00184 issued March
I2y 2002, Condition 5

J (P-661) exceeded it
' CO CO

tanged from 651 p

)m CO limit

PES'ss868FCCl

CO coricentrations
ranged irom 643 p>pmto 1,OOU p|)m.
PES's s 868 FCClJ

(P-66l)excet5ded it

}m CO limit

KHiwsmiRaii

Hourly CO conceiitrations ranged from 507 ppm to 939 ppi

OP No. V06-016 D.4.(bXl) pn Januaiy 10.2015, the 1231 f are flared with smoke for 88
minutes and the North Complex flare flared with smoke for
0 C.F.R. 60.18(cXl), 63.1 l(bX4) 82 minutes.
On Februaiy 20,2015, South Yard North Flare flared with
smoke for 83 minutes. From Februaiy 20 thru February 23,
2015, there were multiple hours of elevated opacities firom the
South Yard North Flare that ran];ed from 31 % to about 60%.
(Each occurrence is a separatf violation.)

PES may request a meeting with AMS to discuss this NOV. Any such request must be received by
AMS within 10 days of the NOV's receipt. Anyi meeting request received after 10 days will be considered on
a case by case basis. Direct any meeting request; compliance notification, correciive action plan, or questions
regarding this NOV to:
Thomas Barsley

Engineering Supervisor

Air Management Services

321 University Avenue, Second Floo '

Philadelphia, PA 19104-4543
(215)685-9417

Pursuant to 5-1005 of the Philadelphia Home Rule Charter, PES has thirty (30) days to file an
appeal of this NOV to the Board of Licenses and Inspections Review (BLIR). Any such appeal should include
a copy of this NOV and be directed to:

Board of License and Inspection Review

Municipal Services Building, 11'^ Floor

1401 JFK Blvd.

Philadelphia, PA 19102

An appeal of this NOV will not prevent the Commonwealth and/or the PA from taking a separate
enforcement action or stay other enforcement remedies available to the City. Enforcement remedies include,
but are not limited to, revoking Facility permits / licenses, assessing penalties up o $25,000 per violation per
day, and injunctive relief.

T H I S N O T I C E I S F I N A L A N D E F F E C T I V E I M M E D I AT E LY U l ' O N R E C E I P T

Bajram 'Ben' Nela

Environmental Engineering Specialist
Facility Complia ice and Enforcement
Air Management Services

Cc: Thomas Barsley, Engineering Supervisor

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