United States v. Global Partners LLP, et al. – Proposed Consent Decree CITY COUNCIL WORKSHOP APRIL 16, 2019
Why We’re Here • In March, the United States Environmental Protection Agency (EPA) filed a complaint against Global Partners LLC alleging violations of the Clean Air Act and Maine state implementation plan, including: • Failure to obtain an emissions license that addresses Volatile Organic Compounds (VOCs) from heated asphalt and No. 6 oil storage tanks • Exceeding total VOC emission limits under an existing license from the Maine Department of Environmental Protection (DEP) • Failing to take appropriate VOC emission control measures • Failing to apply for an operating permit under Title V of the Clean Air Act
Why We’re Here Violations alleged to have occurred at Global’s South Portland facility, located at 1 Clark Road
Why We’re Here • At the same time, EPA filed a Consent Decree it had reached with Global that includes: • $40,000 fine (within 30 days) • Limit of four heated bulk storage tanks containing either No. 6 oil or asphalt at the facility (immediately) • No more than two of which shall contain No. 6 oil at any one time • Heat shall not be applied to these four tanks for at least 120 non-heating days • Limit throughputs to 50 million gallons/year of No. 6 oil and 75 million gallons/year of asphalt (immediately) • Installation of mist eliminators on vents at each heated bulk storage tank and operating these eliminators at all times while the tanks and are heated and/or receiving product (within 180 days) • $150,000 be put into a fund to replace or retrofit wood-burning appliances in Cumberland County (completed within two years) • Apply for amended license with DEP incorporating these, or more stringent, changes (within 60 days)
Why We’re Here • Members of the public have until May 1, 2019 to provide comment on this proposed Consent Decree • Council seeking input from the public on what the City’s response should be, with a goal of voting to approve a formal response at the April 23, 2019 Council meeting
DEP Licensing What is an Air Emissions License? • The Maine Department of Environmental Protection (DEP) licenses air emissions sources throughout the state. Licensees are required to control emissions from each unit to a level considered by DEP to represent a Best Practical Treatment (BPT) • BPT is defined as the method which controls or reduces emissions of regulated pollutants to the lowest possible level considering the then-existing state of technology, the effectiveness of available alternatives for reducing emissions from the source being considered, and the economic feasibility for the type of establishment involved • These licenses are broken down into Minor and Major Source Air Emission categories. Licenses are valid for either 5 or 10 years
DEP Licensing Minor Source Licenses • DEP considers facilities a Minor Source of air emissions if they have the potential to emit less than all of the following: o 50 tons per year of Volatile Organic Compounds (VOCs) o 10 tons per year of a single Hazardous Air Pollutant (HAP) o 25 tons per year of all HAPs combined o 100 ton per year of any other regulated pollutant
DEP Licensing Which facilities in South Portland have Minor Source Licenses from DEP? 1. Anthem Health Plans of Maine 5. Global Companies • Boilers, generators (1 TPY VOC) • Amd #1 • Boilers, generators, VCU (22 TPY VOC) 2. ecomaine (landfill) 6. Gulf Oil • Gas collection & flare system (2.1 TPY VOC) • Amd #1 3. Fairchild Semiconductor Corp • Storage, truck loading, VCU (50 TPY VOC) • Boilers, generators, VCU (40 TPY VOC) 4. FPL Energy Cape • Generator (3 TPY VOC)
DEP Licensing Which facilities in South Portland have Minor Source Licenses from DEP? (cont’d) 7. Maine Dept of Corrections (Long 10. SMCC Creek Youth Center) • Boilers (0.1 TPY VOC) • Boilers, generators (1 TPY VOC) 11. Sprague Operating Resources 8. National Semiconductor • Boilers, storage tanks, VCU (50 TPY VOC) • Boilers, generators, scrubbers, VCU (39 TPY 12. Texas Instruments VOC) • Amd #1, Amd #2, Amd #3 9. South Portland School District (High School) • Boilers, generator (0.3 TPY VOC)
DEP Licensing Major Source Licenses • DEP considers facilities a Major Source of air emissions if they have the potential to emit one or more of the following: o 50 tons per year of VOC o 10 tons per year of a single HAP o 25 tons per year of all HAPs combined o 100 tons per year of any other regulated pollutant
DEP Licensing Which facilities in South Portland have Major Source Licenses from DEP? 1. CITGO Petroleum Corp • NSR Amd #1 • Storage tanks, vessel loading, VCU, gas blending (117 TPY VOC) 2. Portland Pipe Line Corp • NSR Amd #1, NSR Amd #2, NSR Amdt #3, Part 70 Amd #1, Part 70 Amdt #2 • Storage tank, boilers (220 TPY VOC) 3. South Portland Terminal LLC (formerly ExxonMobil) • Part 70 Amd #1, NSR Amd #1 • Storage tanks, truck loading, VCU, blending (135 TPY VCU)
DEP Licensing How many VOCs are these entities emitting? Company 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 Citgo** 45.8 55.4 47.0 42.5 46.8 42.8 46.4 51.9 48.2 47.4 48.6 Fairchild* 17.1 13.2 10.3 4.9 9.6 4.7 13.0 10.7 10.7 7.28 7.17 FPL Energy* 0.01 0.01 0.32 0.26 0.12 0.01 0.01 0.01 0.06 0.10 0.21 Global* 18.7 20.3 20.6 11.3 11.3 15.0 0.80 0.62 0.71 0.71 0.34 Gulf* 28.8 29.2 30.8 27.9 26.3 22.7 22.6 23.7 22.5 25.0 24.8 PPLC** 41.3 37.3 35.6 48.6 63.0 70.6 81.9 77.6 96.4 105.5 102.1 SP Terminal** 41.5 39.7 43.8 38.6 44.7 44.0 49.6 39.4 46.5 55.3 64.2 Sprague* 6.6 4.4 4.6 5.0 4.3 4.2 4.3 3.8 4.8 5.0 5.3 T.I.* 8.2 9.8 9.9 8.8 9.4 14.2 12.7 11.7 2.6 3.1 3.9 TOTALS 207.9 209.3 203.0 187.8 215.5 218.2 231.5 219.5 232.4 249.3 256.6 *Minor License, **Major License | Amounts in Tons Per Year | Source: https://www.maine.gov/dep/ftp/AIR/DATA/CAP_SUMMARIES/
2017 TOTAL VOCS EMITTED (TONS) 45.8 41.5 41.3 28.8 18.7 17.1 8.2 6.6 0.01 CITGO FAIRCHILD FPL GLOBAL GULF PPLC SP SPRAGUE T.I. ENERGY TERMINAL
2017 PERCENT OF VOCS EMITTED T.I. Sprague 4% 3% Citgo 22% DEP Licensing SP Terminal 20% Of the nine facilities reporting VOC emissions to DEP in 2017, Global’s Fairchild 8% emissions: FPL Energy 0% Accounted for 9% of • the total VOCs emitted Global PPLC Ranked 5 th out of 9 in 9% 20% • terms of total VOCs Gulf emitted 14%
DEP Licensing How many VOCs are Global emitting? • DEP found in 2013 that Global was “meeting BPT standards”. As shown below, based on data reported to DEP, Global has not exceeded the allowable VOC emissions since at least 2007 • Global’s emissions have increased significantly since 2011 VOC Tons Emitted per Year Global 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 Reported 18.7 20.3 20.6 11.3 11.3 15.0 0.79 0.62 0.71 0.71 0.34 Allowed 21.9 21.9 21.9 21.9 21.9 21.9 21.9 21.9 21.9 21.9 21.9 DIFFERENCE 3.2 1.6 1.3 10.6 10.6 6.9 21.1 21.3 21.2 21.2 21.6 Exceeds Allowed? No No No No No No No No No No No Source: https://www.maine.gov/dep/ftp/AIR/DATA/CAP_SUMMARIES/
DEP Licensing How many VOCs are Global emitting? • However, EPA alleges that Global has violated its license by emitting more VOCs than allowed (i.e. > 21.9 tons/year) • On April 11, the City requested data from EPA to support their contention that Global is exceeding its licensed VOC limits. EPA indicated on April 16 that it was unable to provide any information or comment on this matter as it is within the 30-day comment period for the proposed consent decree • We are unsure what amount of VOCs EPA is claiming that Global has been emitting
DEP Licensing How many VOCs are Global emitting? • In a February 2016 PowerPoint, EPA indicated Global appeared to be operating within licensed limits (no separate EPA data was included)
Consent Decree Terms Did Global suggest that part of their penalty be to replace wood stoves in Cumberland County? No. This was an EPA recommendation, which Global accepted as part of the Consent Decree.
Consent Decree Terms Does Global Have Five Years to Begin Complying with Air Emission Standards? No. Global must comply with most of the terms in the Consent Decree immediately (i.e. upon the Court’s approval of the Consent Decree) and has 30 days to pay the fine and 180 days to install the mist eliminators. But it has not been given a grace period of five years to comply and, in fact, if Global violates the terms of the Consent Decree, it MUST pay stipulated penalties. Specifically, if it violates the injunctive requirements, the following fees shall be paid to EPA: Penalty per Violation/Day Period of Noncompliance 1 st through 14 th day $1,000 15 th through 30 th day $1,500 31 st day and beyond $2,000
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