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DPHAMS_Service_Requests@phila.gov
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PES OP20-000052, PES OP20-000064
Comment:
Please reject Philadelphia Energy Solutions Refining and Marketing LLC’s (PESRM) proposal to exempt large petroleum storage tanks at the former refinery from important air monitoring requirements. First, all air pollution permits in this recognized Environmental Justice (EJ) area must include annual facility-wide pollution limits as both the former refinery and the Schuylkill River Tank Farm (SRTF) each remain major sources of volatile organic compounds (VOC), nitrogen oxides, hazardous air pollutants, carbon monoxide, sulfur dioxides and particulate matter. In order to accurately account for air pollution in this low-income community and community of color, Air Management Services (AMS) must generate and enforce facility-wide pollution limits like it does with VOC emissions from individual pollution sources at the site.
One of the biggest issues in the proposed permits is Hilco’s inclusion of several very large crude oil storage tanks in its demolition permit for the former refinery even though Hilco plans to continue to operate those tanks, and including them in the demolition permit would exempt the tanks from important monitoring requirements for harmful air pollutants. Specifically, if the former refinery was permitted to operate under the currently proposed permit, it would no longer be required to do active benzene monitoring of the tanks.
This is especially concerning because of documented releases of the known-carcinogen benzene from the Philadelphia refinery, even after its shutdown. It is alarming that if the former refinery was permitted for wrecking and demolition work, it would no longer be required to do active benzene monitoring.
Even after the facility ceased refining operations in June 2019 after a catastrophic fire, benzene levels measured along the perimeter in 2020 averaged 28.1 micrograms per cubic meter, more than three times higher than the actionable level. Because the state of Pennsylvania and the city of Philadelphia both classify the former Philadelphia refinery as being located in an EJ area, the entire facility should be required to maintain active benzene monitoring and participate in Toxic Release Inventory (TRI) reporting requirements. Furthermore, PESRM still plans to store and sell remaining crude oil at the site and should not be allowed to suspend current air monitoring until all petroleum storage and sale is complete. In PESRM’s own words, “there are storage tanks containing the refinery’s remaining inventory of heavy oil and crude oil which remain in operation. PESRM plans to sell this remaining product prior to closing these tanks. Additionally, some small lube oil and process chemical tanks remain that have not yet been emptied that will be sold or managed as waste prior to closing.”
This error is particularly egregious because PESRM is attempting to register the Schuylkill River Tank Farm (SRTF) as “Petroleum Bulk Stations and Terminals” while the former refinery site will actually have vastly more petrochemical storage capacity than the SRTF. The tanks at the former refinery site must be regulated as a petrochemical facility as it will have a storage capacity far above 10,000 gallon threshold for being considered this type of source.
AMS should consider all petrochemical storage facilities present at the former refinery, including tanks on both sides of the Schuylkill River, under a single air pollution permit and properly and thoroughly account for all associated air pollution. The currently proposed permit would exempt these tanks, a very large petrochemical storage facility, from federally-required reporting of spills and regular releases of toxic chemicals, specifically under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).
Similarly, there is still a large accumulation of refining-related wastewater at the site that is subject to treatment at the former refinery’s wastewater treatment plant, which is included in the former refinery’s proposed permit. PESRM specifically mentions that it “will continue to comply with applicable wastewater requirements specified by Consent Decree Order 05-CV-2866 until the Consent Decree is terminated.” In this 2005 Consent Decree, the refinery’s owner was ordered by the U.S. government to “adopt and implement comprehensive, facility-wide programs for monitoring and controlling emissions of benzene and other volatile organic compounds.” Given that the former refinery is still storing and selling petroleum products and still adhering to a consent decree requiring active pollution monitoring and refinery wastewater treatment, this facility should be regulated as an active refinery until all petroleum products and refinery wastewater are safely and properly removed from the site.
Another problem with the permit for the SRTF is that even though the permit's purpose is to register the SRTF as a petroleum bulk station and terminal, and PESRM admitted it has a daily gasoline throughput of over 20,000 gallons (which makes it a "Bulk Gasoline Terminal" under PA law), it incorrectly claims that the regulations on Bulk Gasoline Terminals (25 Pa Code 129.59 and 129.62) do not apply to the Tank Farm. PESRM claims these regulations only apply to tank truck loading, which is not correct -- they apply to all Bulk Gasoline Terminals. If these permits do go forward, the SRTF’s permit must include the restrictions in 25 Pa. Code 129.59 and 129.62. 25 Pa. Code 129.59 contains very specific vapor collection requirements that PESRM and the SRTF must follow. 25 Pa. Code 129.62 contains additional VOC pollution restrictions, particularly during the transfer of gasoline from trucks to storage tanks.
Thank you for your meaningful consideration of my comments.
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