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CITY OF PHILADELPHIA

DEPARTMENT OF PUBLIC HEALTH

Jarr cs W. Buchle, M.D.
Dep:lfy Mayor/or Health & Opportunity
Hea'th Commissioner
Nan Feyler, JD, MPH
ChifofStafJ
Air ~lanagement Services
Thomas Huynh
Director

Fa( ility Compliance & Enforcement

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

NOTICE OF VIOLATION
October 29,2014

CERTIFIED MAIL NO: 7013 2630 0000 1037 ~051

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Philadelphia Energy Solutions Refining and Mark~ting, LLC

c/o: Charles D. Barksdale Jr.
.
Manager, Environmental Department
3144 Passyunk Avenue
Philadelphia, PA 19145-5299

RE:

Notice of Violations: Air Pollution / Titl~ V Operating Permit Violatio IS at Philadelphia

Refinery Identified from 2013 Continuous Emissions Monitoring Rep( rts, Semi-Annual
Reports, S02 Quarterly Reports, and 2013 Title V Certification
Facility: PLID No. 01501- PES Refinery, 3144 Passyunk Ave., PhiladElphia, PA
AMS Meeting Request Deadline:

Ten Days after Notice ofViolatbns Receipt

The City of Philadelphia Department of Public Health, Air Management Services (AMS) is charged
with enforcing Title 3 of the Philadelphia Code of Ordinances, known as the Air Yfanagement Code (AMC),
and the Air Management Regulations (AMRs) prpmulgated thereunder. The AMRs incorporate certain state
and federal regulations, including Pennsylvania Environmental Quality Board ngulations 25 Pa. Code
121-129 and 131-145 and United States Environmental Protection Agency (EP,\) regulations 40 C.F.R.
52.21 (Prevention of Significant Deterioration 011 Air Quality), 40 C.F.R. 60 (New Source Performance
Standards), 61 (National Emissions Standards fo~ Hazardous Air Pollutants), and 63 (Maximum Achievable
Control Technology). Here, the applicable AMR$ are part of EPA's approved Sute Implementation Plan for
Philadelphia County and for the Metropolitan Philadelphia Interstate Air Quality Control Region, 40 C.F.R.
52.2020 et seq., as authorized by the Federal Clean Air Act, 42 U.S.C. 7401 u. seq. Pennsylvania's Air
Pollution Control Act, 35 P.S. 4001-40\5, also authorizes AMS to enforce the Pennsylvania Code
provisions cited above.

Philadelphia Energy Solutions Refining and Marketing, LLC (PES) owns and operates the PES Refinery
located at 3144 Passyunk Ave, Philadelphia, PA 1 145 (Facility). PES operatl~s the Facility pursuant to Title V
Operating Permit (TVOP) No. V95-038, Issued Ja uary 17,2002. As requir~:d by '~VOP No. V95-038, PES
submitted Continuous Emissions Monitoring Rep rts, Semi-Annual Reports, S02 Quarterly Reports, and the
annual Title V Certification pertaining to the Fadl ty's operations during the 2013 calendar year to AMS. On
or about July 18,2014, AMS completed a review f said documents and identified the following violations
pursuant to the authority cited above:
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1.

Code/Statute Reference
IrVOP No. V95-038 DA.(b)(4)-(5)

Description of Violation(s)
mhe PB South Yard North Flare (r'-642) was operated
f\,{ithout a pilot flame on the follo\ {ing dates in 2013:

~O C.F.R. 60.18(c)(2), (e),

63.11(b)(3), (4), (5), 63.643(a)(I)

January 31 for 451 minutes, Febn ary 1 for 579 minutes,

February 9 for 264 minutes, Febn ary 17 for 57 minutes, ,
March 13 for 61 minutes, March J 4 for 538 minutes,
March 15 for 398 minutes, April 1 for 374 minutes, April
2 for 605 minutes, April 20-21 for 496 minutes, May 12
for 23 minutes, June 18 for 165 m in utes, June 24 for 32
I~inutes, July 7 for 74 minutes, , J uly 8 for 214 minutes,
!Iy 9 for 78 minutes, July I ) for 565 minutes, July 12
ftr 162 minutes" July 14 for 25 r linutes, July 15 for 321
i11inutes, July 16 for 617 minutes, July 17 for 293
1l1inutes, November 8 for 174 min utes, and December II
for II minutes.
l1he PB South Yard North Flare (1 '-642) was not
operational for 120 minutes on Ju yll,2013
mhe 433 Girard Point Flare (P-Il ~ I) was operated without
al pilot flame on February 28, 20 I, I for 20 minutes and on
N1I arch 5, 2013 for 51 minutes.
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(Each occurrence is a separate, iolation. )

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TVOP No. V95-038 DA.(b)(I)

40 C.F.R. 60.18(c)(1), 63.1 1(b)(4)

Flare smoking events for PB Sou :h Yard North Flare (P

642) were reported on June 18, 2( 13 for 54 minutes and
December 11, 2013 for II minute 5.
Flare smoking events for the 433 Jirard Point Flare (P
U 9) were reported on February 2 7, 2013 for 30 minutes.

~Iare smoking events for tht~

1231 Girard point Flare (P

) ) 7) were reported on March 28, 20 13 for 10 minutes and
July) 8,2013 for 30 minutes.
(Each occurrence is a separate' 'iolation.)

3.

IrVOPNo. V95-038 D.4.(a)(I)

iAMR III. II.B.

!en December 11,2013, the estimLted 692 ppm S02

.c~ncentration at PB South Yard 1\ orth Flare (P-642) was
i violation of the 0.05% by volume (500 ppm)
e iss ions limit.
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TVOPNo. V95-038 D.27(a)(l)

Due to the failure to keep covers sealed and latched, the

level in the #4A separator (P-131) overflowed onto the
separator covers on January 16, March 6, March 8, May
8, June 12, and June 26 of2013.

40 CFR 61.347(a)
Que to the failure to keep covers ~ealed and latched, the
I~vel in the #2B separator (P-132) overflowed onto the
sparator covers on April 3, June '1, June 18, July 22, July
24, July 29, and December 22 of:013.
Due to the failure to keep covers ~ealed and latched, the
level in the PB-Bioplant separator (P-639) overflowed
onto the separator covers on July :!2, 2013.
qn January 3 1,2013 a sump hatch cover on the 864 Unit
\\fas found to be closed but not lat;hed.
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( ach occurrence is a separate, iolation.)

VOPNo. V95-038 0.7.(5)

oC.F.R. 60.480

oC.F.R. 60.590
o C.F.R. 63.648

oC.F.R. 61.110-61.112

uring the I st half of 20 13, forty nine (49) open ended

lines were found without the appr )priate cap, flange or
valve during internal inspections.
During the 2nd half of20 13, sixty four (64) open ended
lines were found without the appnpriate cap, flange or
~alve during internal inspections.
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ICJ;:ach occurrence is a separate yiolation.)

5 Pa. Code 129.58

5.

VOP No. V95-038 C.2.

5 Pa. Code 123.31(b)
MR V xx

On August 3, 2013, North Yard s( il excavations resulted

in an odor that was detected beyo ld Facility property
line.

6.

40 C.F.R. 60.1 04(a)( I)

1332-H2 heater combusted fuel g, s above 162 ppm H2S

hour on MLrch 30, 2013.

I'::PO mg /dscm) for an

7.

TVOPNo. V95-038 C.3.

~n January 9, 2013 the 868 FCCl (P-661) was shut

~,pwn for repairs. This led to 2 hot rs of elevated opacity

25 Pa. Code 123.41

n adings greater than 20%.

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AMR II IV.I.

~ June J, 2013 suspected heavy

'ains caused elevated

acity readings greater than 20% for PES's 868 FCCU
( -661) for a total of 4 minutes: A 114 minutes were
gteater than 20% but less than 59~ IO.
On June 10,2013 suspected heav) rains caused elevated
opacity readings greater than 200/. for PES's 868 FCCU
P-661) for a total of 8 minutes: A I 8 minutes were
greater than 20% but less than 59~ Io
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On June 13,2013 suspected heav) rains caused elevated

opacity readings greater than 20% for PES's 868 FCCU
(~-661) for a total of 4 minutes: A 114 minutes were
greater than 20% but less than 59~ IO.
On July 10,2013 suspected heavy rains caused elevated
ppacity readings greater than 20<Y ) for PES's 868 FCCU
(~-661) for a total of 5 minutes: I minute was greater
ijan
59% and 4 minutes were gre! .fer than 20% but less
,
han 59%.
qn July 15,2013 PES's 868 FCCl J (P-661) had opacity
r~adings greater than 20% for 4 m inutes.
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~1 November 30,2013 PES's 86~ FCCU (P-661) had

o acity readings greater than 20O/C for 120 minutes.

pn December 28, 2013 the 868 F( :CU (P-66]) was shut

down for repairs. This led to eleva ted opacity readings
greater than 20% for a total of 15 ninutes: 14 minutes
were greater than 59% and 1 mint te was greater than
~O% but less than 59%.
fon December 3 I , 2013 an ai r pre~ sure valve was
a~cidentally bumped on the 868 F CCU (P-661), diverting
air away from regenerator. This Ie d to elevated opacity
radings greater than 20% for a to tal of 7 minutes: I
minute was greater than 59% and 6 minutes were greater
than 20% but less than 59%.

I(EaCh occurrence is a separate, iolation.)

8.

TVOPNo. V95-038 D.2I(a)(I)

l:pS's s 868 FCCU (P-66I) t~xcee( ed its 54 Lbs/Hr CO

etjnission limit on the following da tes:

Plan Approval No. 00184 issued March II

122, 2002, Condition 5
J4nuary 9, January 10, January II, May 15, June 5, June
9i and November 14 of 20 13.
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(tach occurrence is a separate v iolation.)

9.

Installation Permits Nos. 11372 and

11374, issued September 14,2012,
~ondition 6(a)

Four (4) RICE units exceeded 23C ppm CO limit during

stack tests performed on August I 3, August 20 and
August 22 of20 13. The RICE uni s were all replaced.

Installation Permit No. 12000, issued

pctober 12,2012, Condition 5(a)
nstallation Permit No. 12099, issued
August 6, 2012, Condition 8
40 CFR 63.6602

40 CFR 63 Subpart ZZZZ, Table 2c

10.

25 PACode I27.511, 139

40 C.F.R. 60.105

F om October I, 2013 to Decemb ~r 31, 2013 Continuous

mission Monitoring (CEM) offt el gas H2S levels for
I~e 137 F-l Heater (CU-013) failt d to meet the quarterly
9~% data availability requir'~ment . Allowable out of
!srvice (OOS) time for 3rd quarte . was 110 hours.
Facility had 240 hours ofOOS tin Ie.
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II. ~5 Pa. Code 129.91-95

~ March 21,2013 and March 2: I, 2013, PES's 868

CCU HIOI heater (CU-129) exc eeded the daily RACT

RACT Plan Approval effective August I mit of 49.5 MMBTU/hr. On Jan! lary 21 the daily
a erage was 50.9 MMBTU/hr an :I on January 23 it was
1,2000, Condition I (A)(l9)
61.9 MMBTU/hr.
12.

rrVOPNo. Y.95-038 D.27. (c)(4)

40 C.F.R. 6I.354(d)

On August 7, 2013 the carbon call isters for carbon

adsorber CD-002 were not chang( :d out immediately
(within 24 hours).
pn October 22, 2013 the carbon canisters for carbon
aktsorber CD-O 10 were not changj :d out immediately
f\vithin 24 hours).

......

13.

Plan Approval No. 06050 issued

December 4, 2006, Condition 5

Ph March 3, 2013 Unit 433 H I he lter (CU-O 17) startup

e,sulted with three hours where N~ )x hourly average
[eXceeded the limit of 0.035 Ib.lMl\ 1BTU. Hourly
a,!erages were 0.089 Ib.lMMBTU, 0.085 Ib.lMMBTU
arid 0.036 Ib.lMMBTU, respective Iy.
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O~ March 26, 2013 Unit 433 HI h eater (CU-O 17) startup

re~mlted with one hour whew NO x hourly average
dceeded the limit of 0.035 Ib.lMl\ 1BTU. Hourly average
WflS 0.036 Ib.lMMBTU.
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TVOP No. v'95-038 0.7. (a)(6)

14.

40 C.F.R. 60.482-3
15.

TVOPNo. V95-038 0.7.(5)

40 C.F.R. 60.480-6

Failure to monitor 14 valves addec during the 1232

,FCCU turnaround in May of 2013 on a monthly basis
within 30 days).
During a third-party audit of PES's LOAR program
performed during the weeks of Oc' ober 15 and October
I~, 2012, with the report finalized on January 7, 2013, the
fo~lowing violations were found:

40 C.F.R. 60.482-6a
T~enty

40 C.F.R. 60.482-7a
~5 Pa. Code 129.58

two (22) open ended lines were found without the

a~propriate cap, flange or valve du ring field walkthrough.
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O~e (I) open ended line was foune without the
a~propriate cap, flange or valve ap plicable to Subpart

KICGa during field walkthrough

Audit team identified a total ofthn ~e (3) valves not
identified in PES's LOAR pr:)grarr during field
w~lkthrough. PES determined thes e valves were in non
h9avy liquid, VOC service.
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(Eiach occurrence is a separate v: olation.)

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IrVOPNo. V95-038 0.13 (b)(l)

40 C.F.R. 63, Subpart CC

Failure to perform annual seal insJ: ection on Tank # I72

!,P-538) by the due date of March 31, 2013. Inspection
iwas performed on Apri19, 2013.

[25 Pa. Code 129.56

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IrVOPNo. V95-038 C.14.

~5 Pa. Code

135.21(b), 135.3(a),

~MR I. II.B.I.
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Failure to submit an accurate 2013 Emission Inventory

~nd Emission Statement by the de, dline of March 28,
014. Several errors were found b, . AMS during review.
The emission inventory was rejectl ~d on August 29,2014.

This facility is designated a High Priority \Violator (HPV) under EPA's HI-V Policy because of these
violations. Because of this designation, this NOV ~nd the violations identified in it must be resolved quickly.
PES may request a meeting with AMS to! discuss this NOV. Any such request must be received by
AMS within \0 days of the NOV's receipt. Any ITIeeting request received after 10 days will be considered on
a case by case basis. Direct any meeting request, compliance notification, correcti, e action plan, or questions
regarding this NOV to:

Thomas aarsley
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Engineering Supervisor
Air Management Services
321 University Avenue, Second Floor
Philadelphia, PA 19104-4543
(215) 685-9417

Pursuant to 5-1005 of the Philadelphia Hpme Rule Charter, PES has thir:y (30) days to file an
appeal of this NOV to the Board of Licenses and I*pections Review (BUR). Any ~ uch appeal should include
.
a copy ofthis NOV and be directed to:
Board Of~. icense and Inspection Review
Municipal Services Building, 11th Floor
1401 JFK Blvd.
Philadelp~ia, PA 19102
An appeal of this NOV will not prevent the Commonwealth and/or the EPA 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 I licenses, assessing penalties up tc $25,000 per violation per
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day, and injunctive relief.

THIS NOTICE IS FINAL AND EFFECTIVE IMMEDIATELY UP)N RECEIPT

Bajram 'Ben' Nela

Environmental Ensineering Specialist
Facility Complian,~e and Enforcement
Air Management ~:ervices

Cc:

Thomas Barsley, Engineering Supervisor

mIIIIIIIIIIIIIIIII/IIIIJI~I

CITY OF PHILADELPHIA
DEPARTMENT OF PUBLIC HEALTH

Air Management Services

321 University Avenue, 2nd Floor

Philadelphia, PA 19104-4543

7013 2630 0000 1037 9051

Energy Solutions Rcltning and

Marketing. LLC
e/o: Charles D. Barksdale Jr.
Manager. Environmental
3144 Passyunk Avenue
Philadelphia. PA 19145-5299

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