ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
—
(
217)
782-2829
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601
-(312)
814-6026
ROD R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
Scon,
DIRECTOR
May
4,
2009
SOpFICE
0
MAY
06
2009
Mr.
Tim
R.
Nicol
pTTE
ILLINOIS
Flint
Hills
Resources
(On
Control
8
oard
P.O.
Box
941
Joliet,
IL
60434
09
—
(
Re:
Provisional
Variance
Application
Joliet
Facility
Facility
I.D.
No.
197800ABZ
Dear
Mr.
Nicol;
On April
30, 2009,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
received
an
application
for a
provisional
variance
from
Flint
Hills
Resources
(“FHR”)
(attached
as
Exhibit
A)
relating
to
a
planned
natural
gas
outage
at its
facility
located
in
Joliet,
Illinois.
Per
a request
by
the Illinois
EPA,
FHR
supplemented
the
application on
May
1, 2009
(attached
as
Exhibit
B).
In its
submission,
FHR
requested
a provisional
variance
from
certain
conditions
contained
in
its
CAAPP
pennit
(permit
no.
96010025,
conditions
7.7.6(a)
and
7.7.5(b)).
The
Illinois
EPA
has
reviewed
the
request
pursuant
to
the Illinois
Environmental Protection Act
(“Act”)
and
corresponding
regulations
at 35
Ill. Adm.
Code
Parts
104
and
180.
Pursuant
to
Section
3
5(b)
of
the
Act
and
35 Ill.
Adm.
Code
104.302,
the
request
is hereby
approved
for
the
reasons
and
under
the
conditions
stated
below
for
a
period
commencing
on
the
date
of
this
decision
letter
and
ending
on
May
8, 2009.
This
provisional
variance
is granted
subject
to
the
following
conditions:
1.
That
FHR
take
reasonable
measures
for
the alternative
propane
fuel
system
(described
in
FHR’s
provisional
variance
request)
to
maintain
a fuel
supply
to
the
pilot
burner
of
the
flare
during
the
period
when
the
natural
gas
supply
to
the
flare
is
interrupted,
provided,
however,
that
this
propane
fuel system
shall
not be
used
if it is
determined
that
it
will
threaten
the safety
of personnel,
will
pose
a significant risk
of damage
to equipment, or
cannot
adequately
maintain
a
pilot
flame
for the
flare.
2.
That
within
15
days
after
expiration
of
the provisional variance
term,
FHR
submits
to
the
Illinois
EPA,
Bureau
of
Air,
Compliance
Section,
a report
regarding
the
success
or
failure
of the
propane
fuel
system
for the
flare.
If the
propane
system
was
not
successfully
used
to
maintain
a
pilot
flame
for
the
flare,
this
report
shall
include
a
description
of the
outage
of
the
flare,
the
reasons
for
the
outage
(e.g.,
an
explanation
of
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—4302
North
Main
Street,
Rockford,
IL
61103
— (815)
987-7760
.
DES
PLAINEs
— 9511
W.
Harrison
St.,
Des
Plaines,
IL
60016—
(847)
294-4000
ELGIN
—
95 South
State,
EIgin,
IL 60123
—(847)
608-3131
.
PEORIA
—5415
N.
University
St.,
Peoria,
IL 61614
—(309)
693-5463
BUREAU
OF LAND
- PEORIA
— 7620
N.
University
St.,
Peoria, IL
61614
—(309)
693-5462
CHAMPAIGN
— 2125
South First
Street,
Champaign,
IL 61820
—(217)
278-5800
COLLINSVILLE
—2009
MaIl
Street,
Collinsville,
IL
62234—
(618)
346-5120.
— MARION—
2309W.
Main
St., Suite
116,
Marion,
IL
62959
—(618)
993-7200
the causes or likely causes
of the failure of the propane
system), the total duration
of the
outage (hours), and an estimate
of the actual emissions of
VOM and methane
from
anaerobic reactor
ER-70 1 during the
period of flare outage,
with supporting
calculations.
Provisional variances may
be granted by the Illinois EPA
when
compliance
on a
short-term
basis
with any rule
or
regulation,
requirement or order
of the Illinois
Pollution Control Board, or
any
permit requirement would
impose an arbitrary
or
unreasonable hardship.
415 ILCS 5/35(b).
FHR has
requested a
provisional
variance from the following permit
conditions:
CAAPP
Permit
No.
96010025
Condition 7.7.6(a): methane limit
of 31.9 lb/hr and
volatile organic
materials (“VOM”)
limit of 0.1 lb/hr from the flare.
Condition
7.7.5(b): requires that flares
be operated
such that
a
minimum of 95%
biogas
sent
to
the flare is converted to carbon dioxide and water.
FHR’s request is due to a
planned natural
gas outage to
its entire Joliet facility.
Nicor, FHR’s
natural
gas
supplier, will be replacing valving, piping, and the meter for the
natural gas supply
line coming into the plant. There is an area of active
corrosion on Nicor’s piping and an active
leak which, while temporarily
mitigated, needs
to be
addressed to avoid a potentially
larger and
more dangerous
natural
gas
release in the future. As a result of the outage, the
flare system used
to
control emissions of methane from anaerobic reactor ER-701,
which is
part
of the facility’s
wastewater treatment system, will be
nonoperational.
This will result in exceedances of
permitted methane and VOM
limits for a period of 120 hours or less. FHR estimates
that the
maximum
emissions from the reactor during that
time period will
be 167
lb/hr of methane and
1.8
lb/hr of VOM.
FHR has indicated that it
will attempt
to use
propane as an alternative pilot gas for
the
flare
during the natural
gas outage; however, use of
propane for this
purpose is
unproven and therefore
may
not work, or may result
in unexpected complications with flare performance. FHR
has
also
explained that
discontinuing wastewater feed into the
anaerobic
reactor
during
the
outage is not a
viable option,
as a
discontinuance
for more than 17 hours increases the risk of an adverse effect
on
the bacteria in the
aerobic and anaerobic
systems which
could, in turn,
result in other
compliance issues.
FHR has examined other
alternative methods
of
compliance, such as the use
of
alternative flare ignition
devices and continued flaring without
a
pilot flame, and has
sufficiently demonstrated
that such alternatives are not
viable.
FHR
has
met
the application
requirements of 35 Ill.
Adm.
Code 180.202. The Illinois EPA
agrees that no adverse
environmental impacts are
likely to result
from granting
the requested
relief, as the primary
pollutant being released is
methane, which
is not a regulated
pollutant. The
Illinois EPA also
agrees that inaction by
Nicor could present
serious safety
issues related to
future natural gas
releases. Further, FHR will
only require the
requested relief
if
its
attempt
to
use propane as an
alternate pilot gas is
unsuccessful. Therefore,
considering the
short duration
of the potential
exceedances, the Illinois EPA
agrees that any
impacts relating to
the requested
2
provisional
variance
are
outweighed
by the arbitrary
and
unreasonable
hardship
FHR
would
suffer
if
it were
denied such
relief.
If you
have any questions
regarding
this
decision,
please
contact
Dana
Vetterhoffer
at 2
17-782-
5544.
Very
truly yours,
JJK:dev
Enclosures
Cc:
Kathy
Hodge,
HDZ
David
Bloomberg,
IEPA
Chris
Romaine,
IEPA
Rob
Kaleel,
IEPA
Dean
Hayden,
JEPA
Dana
Vetterhoffer,
IEPA
John
Therriault,
Assistant
Clerk,
IPCB
ohnJ.Kim
Managing
Attorney
Air Regulatory
Unit
3
T
FLINT
HiLLs
RE
SO
U
R
C
E
S®
Joliet
Facility
April
29, 2009
VIA
hAND
DELIVERY
P.O.
Box
941
Joliet,
IL
60434
RE:
Flint
Hills
Resources,
LP
-
Joliet
Facility
FacilityI.D.
No.
I
97800ABZ
Request
for
ProvisionalVariance
VI
• John
J.
Kim,
Esq.
Program
Dvelopment
&
Appeals
Illinois
Environmental
Protection
Agency
•
1021
North
Grand
Avenue
East
Post
Office
Box
19276
—Mail
Code
#21
•
•‘
Springfield,
Illinois
62794
Dear
Mr. Kim:
V
Flint
Hills
Resources,
LP
—
Joliet
(‘FHR”)
hereby
submits
an
application
for
a
provisional
variance
pursuant
to
35
Iii.
Admin.
Code
Part
180.
Therequested
provisional
variance
will
address
various
permit
conditi9ns
in
the
Clean
Air
Act
Permit
Program
(“CAAPP”)
permit
•
96010025.
Pleaserefer
to
Attachment
1
for
details
in
support
of
this
provisional
variance
request,
as
Tequired
by
35
Ill
Admin
Code
§
180
202(b)
FHR
requests
this
provisional
variance
V
V
VVV
td
allow
an
upcoming
planned
natural
gas
outage
to
its
entire
Joliet
plant.
V
V
Nicor,
FHR’s
natural
gas
supplier,
will
be
replacing
yalving,
piping
and
the
meter
for
the
natural
VV
gas
supply
line
coming
into
the
plant.
There
is
an
area
of
active
corrosion
on
Nicor’s
piping
and
an
active
leak,
which
has
been
temporarily
mitigated
Nicor
will perform
the
work
on
the
natural
VV
V
gas pipe
at
the
metering
station
where
FHR
takes
ownership
of
the
gas. Therefore,
the
natural
V
V
V
gas
supply
to
the
entire
FHR
plant
will
be
out
of
service
for
de-commissioning,
maintenance
and
re-commissioning
activities.
V
V
V
V
V
The
air
ethissions
impact
of
the
natural
gas
outage
is
outlined
in
(b)(4)
in
Attachment
I
and
VV
V
detailed
within
Attachment
2.’
FHR
will
exceed
the
hourly
limit for
methane
(31.9
lblhr)
and
possibly
for
VVOM
(0.1
lb/br)
set
forth
in
Section
7.7.6(a)
of
the CAAPP
permit,’
for no
more
than
V
120 hours.
The
estimated
maximum
methane
and
VOM
emissions
will
be
167
lb/br
and 1.8
lb/br,
rcspectively,
when
there
is
wastewater
feed
into
anaerobic
reactor
ER-70
1
without
an
V
operational
flare.
FHR
does not
expect
any
ecceedance
of
the
annual
‘emissions
limits.
In
addition,
FHR
is
seeking
relief
from
the
requirements
of
Section
7
7
5(b)
of
the
CAAPP
permit
In
order
tO
minimize
the
emission
resulting
from
the
natural gas
outage,
FHR
will
undertake
the
V
actions
discussed
below.
V
V
V
V
EXHIBIT
A
John J.
Kim,
Esq.
April
29,
2009
Page2
FHR
is
examining
the
possibility
of
using popane
as
an
alternate
flare
pilot
fuel.
The
utilization
of
propane
is
dependent
on
the
pilOt
burner
working
properly
with
propane.
Altiough
currently
unproven,
the
successful
use
of
propane
in
place
of
natural gas
would
give
FHR
a
functional
biogas flare
for
the
duration
of
the
natural gas
outage.
Since
the
use
of
prOpane
for
this
purpose
is
unproven,
some
unexpected
complications
with flare
performance
may
arise
including
-
difficulties
at
the
time
natural
ga
is
once again
introduced
to
the
Joliet
plant
as
a
result
of
the
need
to
air-free
the
incoming
lines
after completion
of
Nicor
activities
However,
FHR
does
not
anticipate
such
complications.
•V:V.
•VV
- :
If,
at any
time
the
IllinOis
EPA
has
concerns
with
this
request,
please
contact
us
immediately
so
that
we
can
address
them
as
quickly
as
possible.
Please
contact
Mike
Hallgarth
at
815-467-3307
with
any
question
regarding
this
request and
corresponding
attachments
Sirkerely,
Tim
R.
Nicol
V
-
Plant
Manager
Vice
President,
Manufacturing
cc:
GaleNewton,
Esq
V
V
VV
Katherine
D.
Hodge,
Esq.
V
File
V
V
Attachment 1
Information
Required
per
35
Iii. Admin.
Code
§
180.202(b)
(b)(1)
A statement
identifying
the
regulations,
Board
Order,
or
permit
requirements
from
which
the
variance
is requested;
Flint
Hills
Resources,
LP
—
Joliet
(“FHR”)
is
requesting
a variance
from the
following
regulations
and
permit
requirements:
•
Clean
Air
Act
Permit
Program
(“CAAPP”)
permit
96010025,
condition
7.7.6(a)
limiting
emissions
of
methane
(31.9
lb/br)
and volatile
organic
material
(“VOM”)
(0.1
lb/br) from
the flare;
and
•
CAAPP
permit
96010025,
condition
7.7.5(b)
which
requires
flares
to
be
operated
such
that a
minimum
of 95%
biogas
sent to
the flare
is
converted
to carbon
dioxide
and
water.
(b)(2)
A description
of the
business
or
activity
for
which
the
variance
is requested,
including
pertinent
data on
location,
size,
and
the
population
and
geographic area
affected
by
the applicant’s
operations;
Nicor,
FHR’s
natural
gas
supplier,
will
be replacing
valving,
piping
and the
meter
for
the
natural
gas
supply
line
coming
into
the
plant.
There
is
an area
of active
corrosion
on
Nicor’s
piping
and
an active
leak,
which
has
been temporarily
mitigated.
Nicor
will
perform
the
work
on
the
natural
gas pipe
at
the
metering
station
where
FHR
takes
ownership
of the
gas.
Therefore,
the
natural
gas supply
to the
entire
FHR
plant will
be
out
of
service
for de-commissioning,
maintenance
and
re-commissioning
activities.
The
EM705
flare
system
is
used
to control
emissions
of
methane
from
anaerobic
reactor
ER-701,
which
is
part
of the
facility’s
wastewater
treatment
system.
Please
be
advised
that
feed
to
anaerobic
reactor
ER-70 1
cannot
be
discontinued
for the
entire
duration
of
the Nicor
natural
gas
outage.
Anaerobic
reactor
ER-701
uses
bacteria
to
remove
organic
load
pursuant
to
applicable
HON
requirements.
The
bacteria
require
food
to survive.
Organic
material
serves
as
food for
the bacteria
and
is
normally
provided
by
the streams
that
lead
to
anaerobic
reactor
ER-70
1.
Although
the
bacteria
in anaerobic
reactor
ER-70
1 can
remain
viable
in a
dormant
state
for a
period
of
time,
historical
data
shows
that
discontinuing
wastewater feed for
greater
than 17
hours
results
in increased
risk of
an
adverse
effect
on
the
bacteria
in
the aerobic
and
anaerobic
systems
which
could,
in
turn,
result
in
noncompliance
with
mass
removal
and NPDES
permit
requirements.
The
air
emissions
impact
of the
natural
gas outage
is
outlined
in
(b)(4)
and
detailed
within
Attachment
2.
FHR
will
exceed
the
hourly
limit
for methane
(31.9 lb/br)
and
possibly
VOM
(0.1
lb/br)
set
forth in
Section
7.7.6(a)
of
the
CAAPP
permit,
for
no
more
than
120
hours.
The
estimated
maximum
methane
and
VOM
emissions
will
be 167
lb/hr
and 1.8
lb/br, respectively,
when
there
is
wastewater
feed
into
anaerobic
reactor
ER-70
1
without
an
operational
flare.
If
efforts
to
use
propane
as
an
alternative
pilot
gas
for the
flare
(see discussion
in
the
cover
letter
April
27,
2009
Page
2
and
in
(b)(8)
below)
are
unsuccessful,
FHR
expects that
the methane
and
VOM
emission
limits
for
the
flare
will
be exceeded for
no more
than
120
hours. FHR
does
not
expect
any exceedance
of
the
annual
emissions
limits.
FHR’s
Joliet
Plant
is located
in
Channahon
Township
within
Will
County.
Neighbors
in the
immediate
vicinity
of
the
plant
are
industrial and
commercial.
Those
neighbors
include
Adrian
Carriers
and
GVA
Real
Estate
to
the
north;
Meyers Quarry
and
Exxon
Mobil
to
the
south;
Stephan
Chemical
to
the
east;
and
Guardian
Pipeline
to
the
west.
The
City
of
Channahon,
with
an
estimated
population
of 13,821, is
located 2 miles
west-southwest
of the
plant.
FHR
does
not
expect
the
resulting
emissions
from
this
variance to impact
either
its immediate
neighbors
or
the
City
of Channahon.
(b)(3)
The
quantity and
types
of materials
used
in
the process
or
activity
for
which
the
yariance is
requested,
as
appropriate;
Not
Applicable.
FHR
is not
proposing
to
use
any
materials
which
are
specifically
prohibited
by
the current Title
V
permit
or
applicable
regulations.
(b)(4)
The
quantity,
types
and
nature
of materials or
emissions
to
be
discharged,
deposited
or
emitted
under
the
variance,
and
the
identification
of the
receiving
waterway or
land,
or
the
closest
receiving
Class
A and
Class
B land
use,
as
appropriate;
During
the
requested
variance
period,
FHR
estimates
the
maximum
hourly
air emissions
from
anaerobic
reactor
ER-70
1 to
be as
follows
(see
calculations
in
Attachment
2):
Pollutant
Emission
Rate
(lb/hr)
Methane
167
VOM
1.8
Methane and
possibly
VOM
are
emitted
as
constituents in
the
biogas
produced
by
the
anaerobic
reactor.
The
maximum
hourly
air
emissions
are
calculated assuming
there
is
feed
to the
anaerobic
reactor
and
attempts
to
utilize
propane
as
an
alternate
flare
pilot
fuel
are
unsuccessful.
In
other
words,
the
flare
is
not
combusting
the
anaerobic reactor
waste
gas.
(b)(5)
The
quantity
and
types
of
materials
in drinking
water
exceeding the
allowable
content, or
other
pertinent
facts
concerning
variances from
the
Board’s
public
water
supply
regulations;
Not
applicable
as
this
variance
request
does
not
affect
a public
water
supply.
April
27, 2009
Page
3
(b)(6)
An
assessment of
any
adverse
environmental impacts
which
the
variance
may
produce;
FHR
does not
anticipate any
adverse
environmental
impacts
as a
result
of
this
variance.
The
primary
pollutant
being
released
is
methane, which
is
not
a
regulated
pollutant.
(b)(7)
A statement
explaining why
compliance
with
the
Act,
regulations
or
Board
Order
imposes
arbitrary
and
unreasonable hardship;
See
the
response
under
(b)(l)
and
(b)(9).
(b)(8)
A description
of
the
proposed methods
to
achieve
compliance with
the
Act,
regulations
or
Board
Order,
and
a
timetable
for
achieving
such
compliance;
Nicor
will
shut
down
FHR’s
natural
gas
supply
at
approximately
12:00
midnight
on
May
3,
2009.
FHR
is investigating
the
use
of
propane
as an
alternative fuel
source
for the
flare
pilot
flame.
The
utilization
of
propane
is
dependent
on
the
pilot
burner
working
properly
with
propane.
The
natural
gas
supply
outage
to the
flare
is expected
to
last
no longer
than
72 hours.
However,
since
the
resumption
of the
natural
gas
supply
is
dependent on the
activities
of a third
party,
FHR
can not
provide
an exact
estimate
of the
duration
of
the
natural
gas
outage.
Therefore,
FHR
is
requesting
a
maximum
provisional
variance
window
of 120
hours.
FHR
will be
in compliance
with
applicable
regulations
once
the natural
gas
supply
is restored
and
the
flare
is relit.
(b)(9)
A
discussion
of
alternate
methods of
compliance
and
of
the factors
influencing
the
choice
of
applying
for
a
provisional
variance;
FHR
looked
into
the
possibility
of an
alternate
method
of
compliance,
the
use
of
propane
in
the
flare,
before
applying
for
a
provisional
variance.
However
the
following
factors
preclude
FHR
from
relying
on
propane
as
an alternative
and
have
led
to
FHR’s
application
for
a
provisional
variance:
1.
The
use
of
propane
as
an
alternative
pilot fuel
to
the
flare
is
unproven
and
may
not
work.
2.
Nicor
is
the
only
natural
gas
supplier
for
the
site.
Nicor
will
be
replacing
valving,
piping
and
the
meter
for
the
natural
gas
coming
into
the
plant.
There
is an
area
of
active
corrosion
on
Nicor’s
piping
and
an
active
leak
which
has
been
mitigated. Although
a temporary
mitigation
is in
place,
FHR
believes
that
proactively
addressing
the
affected
piping
is
advisable
in
order
to avoid
a
potentially
larger
and
more
dangerous
natural
gas
release
in
the
future.
The
shut
down
of
FHR’s
natural
gas
supply
will
cause
the
compliance
issues
described
above.
As
indicated
above,
FHR
will
attempt
to
minimize
excess
emissions by
investigating and
utilizing,
if
posib1r.
propane
as
a
temporary
alternate
pilot
flame
fuel
at
the site.
April
27,
2009
Page
4
3.
FHR
could
minimize
and
potentially comply
with
the
flare
methane
and
VOM
emission
limits
by
eliminating
the
feed
to
anaerobic
reactor ER-70
1
for
the
entire
duration
of the
natural gas
outage. However, based on
past
experience,
removal
of
the
feed
from
anaerobic
reactor ER-70
1 for
longer
than
17
hours
would
likely
adversely
affect
the
health
of
the
bacteria
in
the
wastewater
treatment system and
lead
to
other
issues
of
non-compliance.
(b)(1O) A statement
of
the
period, not
to
exceed
45
days,
for
which
the
variance
is
requested;
FHR
is
requesting
the
variance for
the
time
period
from
12:00
midnight
on May
3,
2009
to
12:00
midnight on
May
8,
2009.
This
timeframe
will
provide an
adequate
buffer
for
any
contingencies
that
may
arise
during
the
planned maintenance
work.
(b)(11) A
statement
of
whether the
applicant
has
been
granted
any
provisional
variances
within the
calendar
year,
and
the
terms
and
duration of
such
variances;
FHR
has
not
been
granted
any
provisional
variances
within the
previous
calendar
year.
(b)(12)
A
statement
regarding
the
applicant’s
current
permit
status
as
related
to
the
subject
matter
of
the
variance
request;
FHR
is
currently
in compliance
with
the
applicable
CAAPP permit
96010025
permit
conditions
for
which
this
variance
is
requested.
V
(b)(13)
Any
Board
orders
in
effect
regarding
the
applicant’s
activities
and
any
matters
currently
before
the
Board
in
which the
applicant
is
a
party.
There
ae
currently
no board
orders
in effect
regarding
applicant’s
activities.
However,
FHR
is
currently
in the
final
stages
of
negotiating
a
Final
Consent Order
with
the
Illinois
Attorney
General’s
Office
in a
civil
action
filed
in
Will
County
Circuit
Court
regarding
environmental
issues
previously
disclosed
by FHR
to
the
Illinois
Environmental
Protection
Agency.
Attachment
2
-Anaerobic
Reactor
Emissions
of
Methane
and
VOM
DATE
&
TIME
HOURS
::
SCF
.Lb/hr•
Lb/hr
.
BIOGAS
.
METHANE
VOM
5/3/09
12:00AM
0
to
1
7200
5/3/09 1:00
AM
1
to 2
7200
5/3/09
2:00
AM
2
to
3
7200
5/3/09
3:00
AM
3
to
4
7200
5/3/09
4:00
AM 4
to
5
7200
5/3/09
5:00
AM
5
to
6
7200
5/3/09
6:00 AM
6
to 7
7200
5/3/09 7:00
AM
7
to 8
7200
5/3/09
8:00 AM
8
to
9
7200
5/3/09
9:00AM
9
to 10
7200
5/3/09
10:00AM
10 to
11
7200
5/3/09
11:00AM
11
to
12
7200
5/3/09 12:00
PM 12
to
13
7200
5/3/09
1:00
PM 13
to 14
7200
5/3/09
2:00
PM
14 to
15
7200
5/3/09
3:00 PM
15
to
16
7200
5/3/09 4:00
PM 16
to 17
7200
5/3/09
5:00
PM
17 to
18
7200
5/3/09
6:00 PM
18
to
19
7200
5/3/09
7:00 PM
19 to 20
7200
5/3/09
8:00
PM
20
to 21
7200
5/3/09
9:00
PM 21
to 22
7200
5/3/09
10:00
PM
22 to
23
7200
5/3/09
11:00 PM
23
to
24
7200
5/4/09
12:00AM
24
to 25
7200
5/4/09
1:00
AM 25
to 26
7200
5/4/09
2:00
AM
26 to
27
7200
5/4/09
3:00 AM
27 to
28
7200
5/4/09
4:00
AM
28
to
29
7200
5/4/09
5:00
AM
29
to
30
7200
5/4/09
6:00
AM 30
to
31
7200
5/4/09
7:00
AM 31
to 32
7200
5/4/09
8:00
AM
32 to
33
7200
5/4/09
9:00
AM
33
to
34
7200
5/4/09
10:00AM
34
to 35
7200
5/4/09
11:00AM
35 to
36
7200
5/4/09
12:00
PM
36 to
37
7200
5/4/09
1:00
PM
37
to 38
7200
5/4/09
2:00
PM 38
to
39
7200
5/4/09
3:00
PM
39
to 40
7200
5/4/09
4:00 PM
40 to
41
7200
5/4/09
5:00
PM
41
to
42
7200
5/4/09
6:00
PM 42
to 43
7200
5/4/09
7:00
PM
43 to
44
7200
5/4/09
8:00 PM
44 to
45
7200
5/4/09
9:00
PM
45
to
46
7200
5/4/09
10:00
PM 46
to 47
7200
5/4/09
11:00
PM
47 to
48
7200
5/5/09
12:00AM
48
to 49
7200
5/5/09
1:00 AM
49 to
50
7200
5/5/09
2:00
AM 50
to
51
7200
5/5/09 3:00
AM
51 to
52
7200
5/5/09
4:00
AM
52
to 53
7200
5/5/09
5:00
AM
53
to 54
7200
5/5/09
6:00
AM 54
to
55
7200
5/5/09
7:00
AM
55
to
56
7200
5/5/09
8:00
AM 56
to
57
7200
5/5/09
9:00
AM 57
to
58
7200
5/5/09
10:00AM
58 to
59
7200
5/5/09
11:00
AM
59 to
60
7200
5/5/09
12:00 PM
60 to
61
7200
5/5/09
1:00
PM 61
to
62
7200
5/5/09
2:00
PM
62
to
63
7200
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
‘167
• 167
167
167
167
167
167
167
167
.167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
167
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.6
Methane
and
VOM
Emissions
are
based
on
modeling
of the
anaerobic
reactor utilizing
conservative
assumptions
of
inflow
composition.
Attachment
2
-
Anaerobic
Reactor
Emissions
of
Methane
and
VOM
DATE
&TIME.
-
HOURS..[
SCF
Lb/hr*
Lb/hr::’.
BIOGAS
METHANE
VOM;
5)5/09 3:00
PM
63
to
64
7200
167
5/5/09
4:00
PM
64 to
65
7200
167
5/5109
5:00
PM
65
to
66
7200
167
5)5/09
6:00
PM
66
to
67
7200
167
5/5/09
7:00
PM
67
to
68
7200
167
5/5/09
8:00
PM
68
to
69
7200
167
5/5/09
9:00
PM
69
to
70
7200
167
5/5/09
10:00
PM
70
to
71
7200
167
5/5/09
11:00
PM
71 to
72
7200
167
5/6/09 12:00AM 72
to
73
7200
167
5/6/09
1:00AM
73
to
74
7200
167
5)6/09
2:00
AM
74
to
75
7200
167
5/6/093:OOAM
75
to
76
7200
167
5/6/094:OOAM
76
to
77
7200
167
5/6/09
5:00
AM
77
to
78
7200
167
5/6/09
6:00
AM
78
to
79
7200
167
5/6/097:OOAM
79
to
80
7200
167
5/6/09
8:00
AM
80
to
81
7200
167
5/6/09
9:00
AM
81
to
82
7200
167
516/09
10:00
AM
82
to
83
7200
167
5/6/09
11:00AM 83
to
84
7200
167
5/6/09
12:00
PM
84
to
85
7200
167
5/6/09
1:00
PM
85
to
86
7200
167
5/6/09
2:00
PM
86
to
87
7200
167
5/6/09
3:00
PM
87
to
88
7200
167
5/6/09
4:00
PM
88
to
89
7200
167
5/6/09
5:00
PM
89
to
90
7200
167
5/6/09
6:00
PM
90
to
91
7200
.167
5)6/09
7:00
PM
91
to
92
7200
167
5/6/09
8:00
PM
92
to
93
7200
167
5/6/09
9:00
PM
93
to
94
7200
167
5/6/09
10:00
PM
94
to
95
7200
167
5/6/09
11:00
PM
95
to
96
7200
167
5/7/09
12:00AM 96
to
97
7200
167
5/7/09 1:00
AM
97
to
98
7200
167
5/7/09
2:00
AM
98
to
99
7200
167
5/7)09
3:00
AM
99
to
100
7200
167
5/7/094:0OAM
100
to
101
7200
167
5/7/09
5:00
AM
101
to
102
7200
167
5/7/09
6:00
AM
102
to
103
7200
167
5)7/09
7:00AM
103
to
104
7200
167
5/7/09
8:00AM
104
to 105
7200
167
5/7/09
9:00AM
105
to 106
7200
167
5/7/09
10:00AM
106
to 107
7200
167
5)7/09
11:00
AM
107
to
108
7200
167
5/7/09
12:00
PM
108
to
109
7200
167
5/7/09
1:00
PM
109
to 110
7200
167
5/7/09
2:00
PM
110
to
111
7200
167
5/7/09
3:00
PM
111
to
112
7200
167
5/7/09
4:00
PM
112
to
113
7200
167
5/7/09
5:00
PM
113
to 114
7200
167
5/7/09
6:00
PM
114
to
115
7200
167
5)7/09
7:00
PM
115
to
116
7200
167
5/7)09
8:00
PM
116
to
117
7200
167
5/7/09
9:00
PM
117
to
118
7200
167
517/09
10:00
PM
118
to
119
7200
167
5/7/09
11:00
PMI
119
to
120
7200
j_167
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1.8
1 .&
1.8
1.8
1.8
1.8
1.8
FLARE
START
UP
W/
NATURAL GAS
SUM
(LB)
20,039
216
METHANE
VOM
Methane
and
VOM
Emissions
are
based
on
modeling
of the
anaerobic
reactor
utilizing
conseriative
assumptions
of
inflow
composition.
Page
1
of2
Vetterhoffer,
Dana
From:
Katherine Hodge
[khodgehdzlaw.com]
Sent:
Friday,
May 01, 2009 4:28
PM
To:
Kim, John
J.;
Vetterhoffer,
Dana; Romaine, Chris;
Schnepp,
Jason;
Desai, Kaushal
Cc:
Newton, Gale; Nicol,
Tim; Hallgarth, Michael;
Bose,
Gokul;
Matthew
Read
Subject:
Flint Hills
Resources
-- Provisional Variance
Supplemental Information
To
All:
Thank you for holding
a conference
call
this
afternoon
to discuss with us
our request for a
provisional variance,
dated April 29,
2009.
During the
call,
you requested that we
supplement our written
request with an
email
addressing
certain
issues
identified
during the cafl. The
issues identi1cd and our
responses are
as LHow:
Timing of the Request
—
FHR realizes
and
apologizes
for the
‘last minute’ timing of the
request. However, although
FHR
was
aware that
the
natural gas to
the facility may be shut
down and had taken steps
to eliminate
emission exceedances
from its
production
emission
units, FHR did not
identify the
potential
WWTP flare methane
and VOM emissions
exceedances until
very recently.
As you
are aware,
methane limits in
air permits are very rare.
In fact,
as you
pointed out during
the conference call, the
methane limit
in FHR’s underlying construction
permit (as carried
over
to the CAAPP
permit) was removed
in the
November
17, 2005 construction
permit (#05040017) issued
for
modifications
to
the
facility’s
wastewater treatment
plant. FHR will
attempt
to remove the
methane limit
from
the
CAAPP permit during
the
renewal process.
Alternative
Flare Ignition Devices/Gases
—
FHR intends
to
use propane
as a flare
pilot fuel gas during this
event. FHR
has
been
informed
that
the
use
of
propane
will likely
work
for this
purpose.
However,
the
use
of
propane
is untried
and
FHR is not
certain that
propane
will work
to
keep a
pilot flame at
the flare. The provisional
variance
is
being sought
in the event
that
FHR
is not
successful
in its
intended use of
propane. As discussed
during the call, the use
of
an electronic
ignition
device,
while possible,
is
not practical
given
the
height of the flare. In
addition,
while a
portable
flare may present
another
alternative, the imminence
of
the
upcoming natural gas shutdown
would
not provide
enough time to
obtain such a
portable
device
or to obtain
the necessary
permit for the
device. Finally,
burning the
biogas
in
another
of the facility’s units and/or
in
the boiler
will not be possible during
this
event because
all of the Facility’s
production
units and the boiler
will be
shut
down due
to
the natural
gas outage.
Continued
Flaring without
a
Pilot
Flame —
As
discussed during the
call, the
methane
content of
the
gases
that feed to the flare
are variable. During certain
intervals, the methane
content of the
gases could fall
to
a point
where
the
flame
in the flare would not be
sustainable without
a pilot flame.
H2S/Odor
Issues —
As
discussed during
the call, the
emission
limits
in the permit are very
conservative.
FHR has calculated
probable
H2S
emissions during this
event (assuming
the alternate
use
of
propane as
a flare pilot fuel
is not
successful)
and it
would
expect
the
maximum
amount
of H2S emissions
to
be
approximately
0.22 lbs/hr,
or
approximately
26
pounds for
the duration
of the event (assuming
120
hours).
Again, we
thank
you for
your timely
response
on this issue. Please
let
us
know
if you
have any
additional
questions
and/or
need
additional
information.
Kathy
Katherine
D.
Hodge
HODGE
DWYER
& DRIVER
EXHIBIT
3150
Roland Avenue
IdI7flflQ
