iD E P A R T M E N T O F P U B L I C H E A L T HJames W. Buehler, M.D.H e a l t h C o m m i s s i o n e r

Nan Feyler, JD, MPHChief of Staff

Air Management ServicesThomas HuynbD i r e c t o r

Facility Compliance & Enforcement321 University Avenue, 2nd FloorPhiladelphia, PA 19104

Telephone (215)685-7580F a x ( 2 1 5 ) 6 8 5 - 7 5 9 3

N O T I C E O F V I O L A T I O N

April 23,2015C E R T I F I E D M A I L N O : 7 0 1 4 1 2 0 0 0 0 0 0 3 9 3 5 5 4 9 9

Philadelphia Energy Solutions Refining and Mai^ eting, LLCc/o: Charles D. Baricsdale Jr.Manager, Environmental Department3144 Passyunk AvenuePhiladelphia, PA 19145-5299

1 RE: Notice of Violations: Air Pollution / Ti tie V Operating Permit Violations at PhiladelphiaRefinery Identified from January 13 - April 8,2015 Malfunction Reports

Facility: PLID No. 01501 PES Refin< iry, 3144 Passyunk Ave., Philat ielphia, PAI

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 chainedwith 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 stateand 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 PerformanceStandards), 61 (National Emissions Standards for Hazardous Air Pollutants), and 63 (Maximum AchievableControl Technology). Here, the applicable AMRs are part of EPA's approved S tate Implementation Plan forPhiladelphia 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 AirPollution Control Act, 35 P.S. 4001-4015, also authorizes AMS to enforce the Pennsylvania Codeprovisions cited above.

Philadelphia Energy Solutions Refining and Marketing, LLC (PES) own > and operates the PESRefinery located at 3144 Passyunk Ave, Philadelphia, PA 19145 (Facility) pursua nt to Title V OperatingPermit (TVOP) No. V06-016, Issued July 18,2014. As required by TVOP No. V06-016, PES submittedmalfunction reports, dated January 13,2015, February 16,2015, February 24,2015, March 5,2015, March

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CITY OF PHILADELPHIA

10,2015, April 2,2015, April 7,2015 and April js, 2015 to AMS. AMS completed a review of said reportsand identified the following violations: i

OPNo.V06-016D.21(aXl)

?lan Approval No. 00184 issued MarchI2y 2002, Condition 5

J (P-661) exceeded it' CO CO

tanged from 651 p

P E S ' s s 8 6 8 F C C l ) m C O l i m i tCO coricentrations

ranged irom 643 p

PES's s 868 FCCl

>pmto 1,OOU p|)m.

J (P-66l)excet5ded it }m CO limitK H i w s m i R a i i

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 88minutes 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 withsmoke for 83 minutes. From Februaiy 20 thru February 23,2015, there were multiple hours of elevated opacities firom theSouth 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 byAMS within 10 days of the NOV's receipt. Anyi meeting request received after 10 days will be considered ona case by case basis. Direct any meeting request; compliance notification, correciive action plan, or questionsregarding this NOV to:

Thomas BarsleyEngineering SupervisorAir Management Services321 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 anappeal of this NOV to the Board of Licenses and Inspections Review (BLIR). Any such appeal should includea copy of this NOV and be directed to:

Board of License and Inspection ReviewMunicipal Services Building, 11'^ Floor1401 JFK Blvd.Philadelphia, PA 19102

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An appeal of this NOV will not prevent the Commonwealth and/or the PA from taking a separateenforcement 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 perday, 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 A T E L Y U l ' O N R E C E I P T

Bajram 'Ben' NelaEnvironmental Engineering SpecialistFacility Complia ice and EnforcementAir Management Services

Cc: Thomas Barsley, Engineering Supervisor

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