Consent Decree Attachments | Region 10 | US EPA

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Consent Decree Attachments


ATTACHMENT B
SUPPLEMENTAL ENVIRONMENTAL PROJECTS


I. General Requirements

1. FMC shall implement Supplemental Environmental Projects (“SEPs”) at its Pocatello Facility, as set forth in Section II, infra. FMC certifies that the estimated costs of these SEPs have been calculated according to standard protocols used by FMC to evaluate similar projects for corporate review and approval. FMC shall maintain complete documentation of the cost estimates and actual costs of design, construction, and operation, for each SEP until EPA approval of the Final SEP Report for that SEP in accordance with Paragraph 11, infra.

2. Each SEP described in Section II, infra, includes a schedule for development and implementation. Each SEP shall proceed independently, according to the planned schedule.

a. For performance measures or schedule milestones in which a project design is required as demonstration of performance, FMC shall provide EPA by the due date a summary of each design.

b. For performance measures which require opacity or visible emission readings and/or a source test of equipment or control technology, FMC shall perform such performance measures in accordance with the requirements of 40 C.F.R. 60.8(a) and (d). FMC shall submit to EPA, within 90 days of completion of each test, the results of such tests.
3. It is expressly understood that adherence to SEP schedules will be critical to EPA’s approval of the Final SEP Report for each SEP. FMC may request schedule extensions from EPA in writing, no less than thirty (30) days before the affected schedule deadline.

a. EPA retains the sole discretion to determine whether such an extension will be permitted. Stipulated penalties due under Paragraph 13 will accrue during any period of extension unless excused by EPA in writing.

b. In the event that FMC fails to meet a schedule requirement for a particular SEP, and remains in default of that requirement for a period of thirty days without obtaining written approval from EPA for the delay, then EPA shall have the right to (i)cancel the SEP and demand a cash penalty in the amount specified in Paragraph 6(b), infra, or (ii) demand a cash penalty in the amount adjusted pursuant to paragraph 7, infra. Stipulated penalties for late performance will accrue pursuant to Paragraph 13, infra, until performance is tendered or cancellation, whichever is earlier.

4. FMC shall submit to EPA for approval any material changes that FMC may wish to make to an approved SEP in light of information obtained during the development or implementation of a SEP.

5. For each project described in Section II, infra, that will affect air emissions at the FMC Pocatello Plant, FMC shall prepare an operation and maintenance plan (O&M plan) which describes how the project will be operated and maintained consistent with good air pollution control practices and procedures to maximize control efficiency and minimize emissions at all times. Where the project involves a baghouse, the O&M plan shall include procedures for the rapid identification and replacement of broken or ripped bags, bag dimensions, bag fabric, air-to-cloth ratio, bag cleaning methods, bag replacement schedule, typical exhaust gas volume and range of the typical pressure drop. FMC shall submit to EPA for review by the specified project completion date the O&M Plan for such project. EPA will respond with comments, if any, and FMC shall submit a revised plan within 30 days after receipt of EPA’s comments that responds to the comments. EPA may approve or reject the revised plan within 30 days of receipt of the revised plan. Upon EPA approval of an O&M plan, the plan shall be enforceable under the Consent Decree. Any disapproval of the plan shall be subject to Paragraph 11, infra.

6. In the event that FMC determines that completion of an approved SEP is not economically or technically feasible, FMC, within 60 days of such determination, may:

a. Submit for EPA review and approval a fully-documented proposal for an alternative SEP. EPA retains the sole discretion to determine whether to approve the alternative SEP. If EPA approves the alternative SEP, FMC shall pay a cash penalty equal to the difference, if any, between the amount set forth in Paragraph 6(b) for the SEP canceled by FMC and the SEP cost of the alternative (net present after tax cost calculated pursuant to EPA’s Project model, unless it is an accelerated compliance project, in which case it would be the cost of accelerated compliance calculated using EPA’s BEN model). EPA may reduce any cash penalty due in addition to the alternative SEP in its sole discretion; or

b. Pay a cash penalty to the United States in the following amounts for each SEP set forth in Section II, infra:
1. Slag ladling: $2,276,300
2. Secondary Flare and Flare Pit Emission Reduction (Excess CO Burner): $1,758,650
3. Calciner scrubber emission reductions: $ 256,700
4. Phos-Dock Fugitive Emissions Controls: $ 51,850
5. Furnace flare controls: $ 70,550
6. Burden level fugitive dust control: $ 88,400
7. Furnace pressure relief upgrades: $ 119,000
8. Nodule handling fugitive dust: $ 463,250
9. Coke dust baghouse replacement: $ 147,900
10. Dust silo baghouse: $ 82,450
11. Dust control for the N.E. corner area sources: $ 198,050
12. Ore stockpile and shale handling improvements: $ 230,350
13. Nodule fines baghouse and dry material recycle: $ 384,200
14. Fort Hall Environmental Health Assessment: $ 307,350

7. EPA may reduce any penalty due under Paragraph 6(b) in its sole discretion, if it determines that FMC made good faith and timely efforts to complete the project, and provided that FMC certifies, with supporting documentation, that at least 50% percent of the amount of money which was required to be spent was expended on the SEP.

8. Within sixty (60) days of the completion of each SEP, including any requirement for continuous use or operation of the system, pursuant to Paragraph 14, FMC shall submit to EPA for approval a Final SEP Report containing the following information:

a. A narrative description of the development and/or implementation of the SEP, including a discussion of the process involved and the technology utilized;

b. A description of any operating problems encountered and the solutions thereto;

c. Any identification of materials to be treated as confidential in conformance with 40 C.F.R. Part 2, together with the designation and enclosure of any material or information that may be publicly released;

d. A discussion of actual emissions reductions, as compared to projected emissions reductions, as a result of the SEP. Emission reductions shall be referenced to the 1996 emission inventory or subsequent emission inventory, as appropriate, for the source. Where available, emissions after project completion shall be based on source tests.

e. Final cost documentation for the SEP, as compared to the expected cost projected for the SEP as set forth in Section II, infra. If the final cost of a completed SEP is less than the projected cost for that SEP as set forth in Section II, infra, then FMC shall also provide a corrected present cost for the SEP and note the difference between the original present cost estimate and the corrected cost (the “Shortfall”). EPA retains the right, in its sole discretion, to determine whether FMC has provided sufficient documentation to substantiate its expenditures for a particular SEP.

f. A certification, pursuant to Paragraph 36 of the Consent Decree, that the SEP has been completed in accordance with the plan set forth in Section II, infra, or as modified with EPA approval.

g. A description of the environmental and public health benefits resulting from implementation of the SEP (with a quantification of the benefits and pollutant reductions, if feasible).
9. Materials designated by FMC as eligible for public release pursuant to Paragraph 8, supra, must bear the statement:

“This information is being presented to the United States in satisfaction of the pollution prevention requirements of Section XIV of the Consent Decree in United States v. FMC Corporation,”

and must include the docket number of this action. Such materials may be incorporated into EPA’s Electronic Information Exchange System, or used by EPA, inter alia, to draft guidance for other manufacturers or for other purposes.

10. Following receipt of the Final SEP Report described in Paragraph 8, supra, EPA will do one of the following:

a. Accept the Final SEP Report;

b. Notify FMC in writing, of deficiencies in the Final SEP Report and grant FMC an additional thirty (30) days in which to correct any deficiencies; or

c. Reject the Final SEP Report.
EPA has sole discretion to determine whether or not FMC has satisfactorily completed a SEP.

11. If EPA identifies deficiencies in or rejects the Final SEP Report, or an O&M Plan, EPA shall permit FMC the opportunity to respond in writing to the notification of deficiency or disapproval given pursuant to Paragraph 10 within ten (10) days of receipt of such notification. EPA and FMC shall have an additional thirty (30) days from the receipt by EPA of the notification of objection to reach agreement. If agreement cannot be reached on any such issue within this thirty (30) day period, EPA shall provide a written statement of its decision to FMC, which decision shall be final and binding upon FMC. FMC agrees to comply with any requirements imposed by EPA as a result of any such deficiency or failure to comply with the terms of this Attachment B. In the event the SEP is not thereafter completed, FMC shall pay EPA a cash penalty in the amount specified in Paragraph 6(b).

12. For all SEPs not completed as of January 1st of each year, FMC shall submit an Annual Progress Report to EPA, due each March 1st, summarizing for each uncompleted SEP:

a. Any modification of the SEP approved under Paragraph 4, supra, or for which FMC expects to seek approval;

b. Actions taken by FMC toward implementation of each SEP during the previous year;

c. Activities in further implementation of each uncompleted SEP that are scheduled for the upcoming year;

d. The anticipated schedule for completion of each uncompleted SEP, including a discussion of any actual or anticipated delays;

e. Expenditures incurred to date for each SEP, together with projected expenditures for the upcoming year.
13. Failure to meet any SEP implementation or construction deadline, or to submit the Final SEP Report or any Annual Progress Report required by Paragraphs 8 and 12, supra, shall be deemed a violation of this Consent Decree, and FMC shall become liable for stipulated penalties pursuant to Paragraph 47(c) and (d) of the Consent Decree.

14. Except as set forth in Paragraph 15, supra, FMC shall continuously use or operate the systems installed as SEP for not less than five (5) year(s) subsequent to installation, or until the effective date of an emission limit or control requirement established by EPA in a Federal Implementation Plan, and which is applicable to the system installed as a SEP, whichever is earlier.

15. In the event that FMC permanently discontinues use of the process equipment that generates the emissions treated by a SEP, and provided that FMC has spent at least 50% of the estimated cost of the SEP as set forth in Section II, infra (including both capital costs and annual operating costs for five years), FMC may conclude a SEP prior to the time otherwise specified in Paragraph 14 by submitting to EPA the Final SEP report pursuant to Paragraph 8, together with immediate payment of the cash penalty due on account of any Shortfall for the SEP, as calculated pursuant to Paragraph 16, infra. Early termination of a SEP in cases where FMC has spent less than 50% of the estimated cost of the SEP shall constitute cancellation of the SEP and be subject to Paragraph 6(b), supra.

16. Within 30 days of the completion and approval of all the SEPs enumerated in Section II, infra, FMC shall make a cash payment to the United States for each SEP completed with a Shortfall. The amount of the cash payment shall be equal to the difference between the amount set forth in Paragraph 6(b) and the SEP cost. The SEP cost is the net present after tax cost calculated pursuant to EPA’s Project model using the capital costs actually incurred by FMC and the annual O&M expenses actually incurred or to be incurred by FMC, unless it is an accelerated compliance project, in which case it would be the cost of accelerated compliance calculated using EPA’s BEN model, again using the costs actually incurred). Such payment shall be made in accordance with the provisions of Paragraph 50 of the Consent Decree.

17. Cost overruns on a completed SEP, or costs incurred in research and development work on a SEP terminated pursuant to Paragraph 6, supra, may not be used to offset a Shortfall on another SEP unless specifically approved by EPA in writing, upon proper documentation of such costs in accordance with Paragraph 8(e), supra. EPA retains the sole discretion to determine whether such an offset will be permitted.

18. The requirements of this Attachment are not subject to the dispute resolution procedures set forth in Section XVI (Dispute Resolution) of the Consent Decree.

19. EPA acceptance of the SEPs specified in this Section shall not be construed to constitute EPA approval of the equipment or technology instituted by FMC in implementing the SEPs.

20. Each SEP must be implemented in conformance with all applicable federal, state, tribal and local laws.

21. Any public statement, oral or written, made by FMC making reference to any SEP shall include the following language, "This project was undertaken in connection with the settlement of an enforcement action taken by the U.S. Environmental Protection Agency for alleged violations of The Resource Conservation and Recovery Act.”

22. FMC shall submit a copy of each document required to be submitted to EPA under this Attachment B contemporaneously to the Shoshone-Bannock Tribes. Documents concerning the air emission control projects shall be sent to the Air Quality Program at the following address:

Shoshone-Bannock Tribes
Air Quality Program
Land Use Department
P.O. Box 306
Fort Hall, Idaho, 83203

Documents concerning the Fort Hall Environmental Health Assessment shall be sent to the following address:

Director, CERCLA/RCRA Program
Shoshone-Bannock Tribes
P.O. Box 306
Fort Hall, Idaho 83203

II. Description of Supplemental Environmental Projects

FMC shall undertake the following Supplemental Environmental Projects, which the parties agree are intended to secure significant environmental or public health protection and improvements.

1. Slag Ladling:

Project description:

FMC shall design, purchase, and install equipment and modify the plant as necessary for the collection and transport of slag in the molten state via ladles or pots to final storage of slag in the slag pile. The slag will be tapped from the existing furnaces into runners which will flow into slag ladles or pots. The pots will be vented to the Medusa Andersen (Tm) ventilation system for each furnace. Slag tapping hoods will be upgraded to improve fume capture and control efficiency. Ventilation upgrades will be completed to improve capture and control of slag tap fumes. The slag ladles containing molten slag will transport slag to the slag pile for final disposal using slag haulers. This project consists of three phases.

1. Purchase, install, and operate slag ladling systems for four furnaces.

2. Purchase, install, and operate improved slag tapping systems for furnaces #2 and #3.

3. Purchase, install, and operate improved ventilation systems for furnace #2 and #3.

FMC shall complete the project according to these milestones:

Milestone
Due Date
Expenditures

1. Design & purchase equipment

Mar 1, 1999


2. Install ladling system for furnaces #1 and #2, and tapping system upgrades for furnace #3

Nov 1, 1999

$12,500,000


3. Install ladling system for furnaces #3 and #4, and tapping system upgrades for furnace #2

Nov 1, 2000

$ 7,700,000


4. Purchase and install ventilation system upgrades for furnaces #2 and #3

Dec 1, 2002

$ 5,300,000


5. Operate and maintain slag ladling for furnace systems for each furnace

Nov 1, 1999 to termination of Consent Decree

$ 187,500 per year

Performance measures:

•FMC shall complete the milestones on schedule.

•FMC shall, no later than November 1, 2000, eliminate slag pit operations, including but not limited to, zero discharge of molten slag from furnaces or slag runners onto the ground, pit floors (dressed with crushed slag or not), or other non-mobile permanent surface; prohibition on the digging and loading of cold (solid) slag in the slag pit area into transport trucks. This prohibition shall not apply during periods of “malfunction” as defined in 40 C.F.R. 60.2, provided FMC provides to EPA written notice of a “malfunction” within 24 hours of occurrence and takes all reasonable precautions to minimize the duration and extent of emissions during such malfunction. This prohibition also does not apply to the lining of slag pots and the handling (loading, crushing, or digging) of cold slag for purposes of the lining of slag pots. FMC shall have the burden of proving the existence of a malfunction. FMC shall maintain properly signed contemporaneous records documenting the date, time and duration of the malfunction; the probable cause of the malfunction; and any corrective action or preventative measures taken.

•Per paragraph I.2.b above, FMC shall observe opacity for three days each week, for a period of 10 minutes each day and shall record and report opacity to EPA at the end of the three month time frame. Opacity shall be observed using 15 second observation periods for a total of four observations each minute using EPA Method 203C (58 FR 61640, November 22, 1993). FMC shall document whether visible emissions emanate from fuming of hot slag from pots or other points in the old slag pit area. Observations shall be made of slag tapping area as viewed from exterior of the furnace building and in the general area of the old slag pits.

•Per paragraph I.2.b above, FMC shall observe opacity of the dumping of molten slag to the slag pile for a period of 10 minutes for each of ten consecutive dumps, and shall record and report opacity to EPA at the end of the observation period. Opacity shall be observed using 15 second observation periods for a total of four observations each minute using EPA proposed Method 203C (58 FR 61640, November 22, 1993).

•After completion of the tapping modifications to furnace #2, FMC will conduct a one time performance test of PM-10 emissions from the scrubber for furnace #2 using EPA Methods 201 and 202. This test will be completed in accord with I.2.b above.
2. Secondary Flare and Flare Pit Emission Reduction (Excess CO burner)

Project description:

a. Interim measures: Until the secondary condenser flare and ground flare pit are eliminated as specified in Paragraph 2.b. infra, FMC will take the following interim measures to reduce secondary condenser “mini-flush” particulate emissions and to ensure there is no bias toward conducting mini-flushes during night time hours.

i. FMC shall limit mini-flushes to no more than 50 minutes per day (based on a monthly average) beginning January 1, 1999. FMC’s 1997 data indicate that mini-flush duration averaged 100 minutes per day so this interim measure will result in an average emission reduction of 50%. Failure to meet this interim measure limiting mini-flushes to no more than 50 minutes per day (based on a monthly average) for any given month will be construed for penalty purposes as separate violations for each day that mini-flushes last more than 50 minutes during that month subject to the appropriate stipulated penalty under the terms of this Consent Decree. The monthly average for any month shall be calculated by summing the duration (in actual minutes) of each mini-flush during that month and dividing by the number of days in that month.

ii FMC shall not conduct a secondary condenser mini-flush unless at least one of the following operating parameters are satisfied:

(a) The flow rate of recirculated phossy water falls at or below 1800 gallons per minute, OR

(b) The secondary condenser outlet temperature meets or exceeds 36 degrees Centigrade.
This prohibition shall not apply during periods of “malfunction” as defined in 40 C.F.R. 60.2, provided FMC provides to EPA written notice of a “malfunction” within 24 hours of occurrence and takes all reasonable precautions to minimize the duration and extent of emissions during such malfunction. FMC shall have the burden of proving the existence of a malfunction. FMC shall maintain properly signed contemporaneous records documenting the date, time and duration of the malfunction; the probable cause of the malfunction; and any corrective action or preventative measures taken.

iii. FMC shall submit a report every two months to EPA and the Tribal air program staff giving the date and start/stop time of each mini-flush; the phossy water flow rate and outlet temperature immediately preceding the start time, and a “Yes/No” column indicating that the operating parameters for conducting the mini-flush were met. For any “No” entry, the report will indicate if the failure to comply with the parameters was attributable to a “malfunction” and if so, the date and time of notification to EPA and the Tribal staff and shall include a copy of the contemporaneous record described in paragraph 2.a.ii. The report will also show the total mini-flush time in minutes for each month, the number of operating days for the secondary condenser, and the average minutes per operating day for each month.

b. Excess CO Burner: FMC shall eliminate the secondary condenser flare and the ground flare pit and direct all excess carbon monoxide furnace gas not used as fuel in the calciners to an enclosed burner/combustion device where the gas will be burned under controlled combustion conditions to oxidize CO to CO2 and elemental phosphorus to particulate form. The off gas from the enclosed burner/combustion device will be sent to a high efficiency scrubber where particulate pollutants will be removed before the gas is vented to the atmosphere. The scrubber water will be sent to a water treatment and recycle system.

Schedule:

• FMC shall submit the first routine mini-flush report (for the first two months, including the first partial month after entry) no later than 75 days after entry of the Consent Decree. Subsequent reports will be submitted within 10 working days at the end of each two calendar month period.

• FMC shall comply with the interim measures described in paragraph 2.a.i. and ii, supra, beginning January 1, 1999.

• FMC shall complete the project design, PSD applicability determination, and pilot testing by January 1, 2000. The report on the project design shall include the PSD applicability analysis and a description of the high energy scrubber and its control efficiency.

• FMC shall construct and have fully operational the enclosed burner or combustion device and the high efficiency scrubber, and shall remove the ground pit flares by January 1, 2001.

Total cost:

• FMC shall expend $18,480,000 in initial costs by January 1, 2001. FMC shall expend $525,000 for annual operating costs in calendar year 2001, and $700,000 each calendar year thereafter for the duration of this agreement.

Performance measures:
• FMC shall conduct a one time source test to determine PM-10, NOx (NO, and NO2), and radionuclide emission rate and showing that the control device achieves 95% control efficiency of PM-10. PM-10 emissions shall be determined using Method 201 and 202. Nox emissions shall be determined using 40 C.F.R. 60, Appendix A, Method 7. Radionuclide emissions shall be determined using EPA Method 111. A gamma spectroscopy analysis shall be conducted before analyzing filter catch for Po-210.

• FMC shall complete the milestones on schedule.

• FMC shall observe, record and report to EPA the opacity of scrubber outlet emissions for three months beginning after start-up of the system and in accord with I.(2.)(b.) above. Opacity shall be observed for three 10 minute periods each day (morning, midday and afternoon), every six days using EPA Method 9 (40 CFR Part 60, Appendix A, Method 9).

3. Calciner Scrubber Emission Reductions:

Project description:

•FMC shall purchase, install, modify, test, and operate the necessary equipment to enhance the performance of the existing John Zink calciner scrubbers.

Schedule:

•FMC shall complete the project design by June 1, 1999.

•FMC shall complete installation and testing of the system modifications and have the new system fully operational by December 1, 2000.

Total cost:

•FMC shall expend $2,500,000 in initial costs by December 1, 2000. FMC shall expend $120,000 for annual operating costs beginning January 1, 2001, and each year thereafter for the duration of this agreement.

Performance measures:

•FMC shall conduct a one time performance test to demonstrate calciner scrubber efficiency of 90% for PM-10 using EPA Methods 201 and 202.

• FMC shall complete the milestones on schedule.

•Per paragraph I.2.b above, FMC shall observe, record and report to EPA opacity of scrubber outlet emissions for three months beginning upon start-up of the modified system. Opacity shall be observed three times each day (morning, midday and afternoon) for a period of 10 minutes for each observation, every six days using EPA Method 9. Observations will be taken after the steam plume has dissipated.

4. Phos-Dock Fugitive Controls:

Project Description:

• FMC shall make fume collection improvements throughout the phosphorus loading dock area. The northeast sump top will be replaced and the scrubber ducting from the sump will be upgraded. The #6 storage tank level controls and fume collection will be improved.

Schedule:

• FMC shall complete the project design by February 1, 1999.

• FMC shall complete the project by November 1, 1999.

Total Cost:

• FMC shall expend $750,000 in total costs by January 1, 2000.

Performance Measures:

• FMC shall complete the milestones on schedule.

5. Furnace Flare Controls:

Project Description:

• FMC shall install equipment to allow the furnace and its off gas system to be isolated from the carbon monoxide header and directed to the furnace scrubber system to minimize flaring the furnace to the atmosphere.

Schedule:

• FMC shall complete the project design by November 1, 1998.

• FMC shall complete the project by September 1, 1999.

Total Cost:

• FMC shall expend $1,000,000 by September 1, 1999.

Performance Measures:

• FMC shall complete the milestones on schedule.

• FMC shall continue reporting the frequency and duration of emergency flare events to EPA.

6. Burden Level Fugitive Dust Control:

Project Description:

• FMC shall reduce fugitive emissions from the furnace building burden level through: 1.) increased ventilation volume and capture efficiency for the conveyor belts and burden bins at the burden level; 2.) improved process control instrumentation to minimize spillage; and 3.) improved housekeeping systems.

Schedule:

• FMC shall complete the project design by May 1, 2001. FMC shall complete the project by April 1, 2002.

Total Cost:

• FMC shall expend $1,500,000 by April 1, 2002.

Performance Measures:

• FMC shall complete the milestones on schedule.

• FMC shall conduct a one time performance test of baghouse using EPA Methods 201 and 202.

• Per paragraph I.2.b above, FMC shall observe, record and report opacity of baghouse outlet emissions for three months. Opacity shall be observed once each day for a period of 10 minutes, every six days using EPA Method 9.

• FMC shall record and retain on file (60 days after the end of the calendar year), for the duration of this agreement, the frequency and duration of damper vent openings.

7. Furnace Pressure Relief Upgrades:

Project Description:

• FMC shall replace the existing PRV’s with an improved design that will quickly re-establish seal after furnace over pressure upset. Duration of PRV release will be reduced, and loss of or lowering of pressure set point will also be reduced.

Schedule:

• FMC shall complete the project by November 1, 1998.

Total cost:

• FMC shall expend $1,600,000 by November 1, 1998.

Performance measures:

• FMC shall complete the milestones on schedule.

• FMC shall continue to monitor and report to EPA of the frequency and duration of furnace PRV releases as in previous years.

8. Nodule Handling Fugitive Dust:

a. General Program:

Project description:

• FMC shall evaluate the existing fugitive dust control technology and identify upgrades including replacement of old and least efficient baghouses with new units having increased capacity and reliability. Control systems will be updated.

Schedule:

• FMC shall complete the project design by May 1, 2000, which shall include identification of upgrades to be made and any baghouse (other than the East and West Proportioning Baghouses, which are described in 8 b. below) to be replaced and the date by which replacement will occur. FMC shall complete the project by August 1, 2002.

Total cost:

• FMC shall expend a total of $5,000,000 by August 1, 2002.

Performance measures:

• FMC shall complete the milestones on schedule.

• FMC shall conduct a one time performance test, using EPA Methods 201 and 202, to determine PM-10 emission rates of any new baghouses.

• Per paragraph I.2.b, FMC shall observe, record and report opacity of baghouse outlet emissions for three months beginning upon start-up of any new baghouses. Opacity shall be observed once each day for a period of 10 minutes, every six days using EPA Method 9.

b. East and West Proportioning Building Baghouses:

Project description:

• FMC shall replace the east and west proportioning baghouses with larger and more efficient baghouses, including improved control systems.

Schedule:

• FMC shall complete the project design by September 1, 1999.

• FMC shall complete the project by July 1, 2000.

Total cost:

• FMC shall expend $1,880,000 in initial costs by July 1, 2000. FMC shall expend $25,000 in annual operating costs in calendar year 2000, and $50,000 in the year 2001 and each calendar year thereafter for the duration of this agreement.

Performance measures:

• FMC shall complete the milestones on schedule.

• FMC shall conduct a one time performance test, using EPA Methods 201 and 202, to determine emission rates of any new baghouse(s).

• Per paragraph I.2.b, FMC shall observe, record, and report opacity of baghouse outlet emissions for three months. Opacity shall be observed once each day for a period of 10 minutes, every six days using EPA Method 9.

9. Coke Dust Baghouse Replacement:

Project description:

• FMC shall replace the existing baghouse with new, more efficient and higher capacity baghouse, including new ductwork. The result will be to approximately double the ventilation volume.

Schedule:

• FMC shall complete project by January 1, 1998.

Total cost:

• FMC shall expend $1,100,000 in initial costs by January 1, 1998. FMC shall expend $57,000 for annual operating costs beginning January 1, 1998, and each year thereafter for the duration of this agreement.

Performance measure:

• FMC shall complete the milestones on schedule.

• FMC shall conduct a one time source test, using EPA Methods 201 and 202, to determine emission rates of the new baghouse. These tests will be conducted in accord with I.2.b above.

• Per paragraph I.2.b, FMC shall observe, record, and report opacity of baghouse outlet emissions for three months. Opacity shall be observed once each day for a period of 10 minutes, every six days using EPA Method 9.

10. Dust Silo Baghouse:

Project description:

• FMC shall redesign and replace the pneumatic transport system to improve reliability, thus eliminating emissions to the atmosphere through holes and other leaks in the system.

Schedule:

• FMC shall complete the project design by November 1, 2001.
• FMC shall complete the project by April 1, 2002.

Total cost:

• FMC shall expend $675,000 in initial costs by April 1, 2002. FMC shall expend $75,000 for annual operating costs beginning January 1, 2002, and each year thereafter for the duration of this agreement.

Performance measures:

• FMC shall complete the milestones on schedule.

• FMC shall address emissions from holes, leaks, or other malfunctioning parts after project completion in accordance with the approved O&M Plan.

11. Dust Control for the N.E. Corner Area Sources:

Project Description:

• FMC shall minimize fugitive dust emissions from the north east section of the plant by application of additional dust suppressant, road sweeping, and/or increased watering during warm weather, and increased use of slag to cover non-paved areas.

Schedule:

• FMC shall complete the dust control plan by January 1, 1999.

• FMC shall complete the project by August 1, 1999.

Cost:

• FMC shall expend $300,000 in initial costs by August 1, 1999. FMC shall expend $200,000 for annual operating costs beginning January 1, 2000, and each year thereafter for the duration of this agreement.

Performance Measures:

• By January 1, 1999, FMC shall prepare and submit to EPA a “Dust Control Plan” that specifies control effectiveness for each source type and specific control actions that will be implemented. This plan should follow the EPA guideline “Control of Open Fugitive Dust Sources”. The plan shall be reviewed and approved by EPA in accordance with the procedures for O&M plans described above and shall, upon EPA approval, become an enforceable part of the Consent Decree.

• FMC shall complete the milestones on schedule, including all milestones in the Dust Control Plan.

• FMC shall document implementation of the measures in the Dust Control Plan through record keeping of actions taken under the Dust Control Plan, including the date and location of slag application, dust suppressants, and sweeping. FMC shall keep such records on file for 5 years for inspection by EPA and the Tribes.

12. Ore Stockpile and Shale Handling Improvements:

Project Description:

• FMC shall apply dust suppressants to stockpiles and adjacent unpaved areas and roads more frequently.

Schedule:

• Project is an ongoing effort beginning upon signing of this agreement.

Total Cost:

• FMC shall expend $450,000 in initial costs by March 1, 1999. FMC shall expend $215,000 for annual operating costs beginning January 1, 1999, and each year thereafter for the duration of this agreement.

Performance Measures:

• By January 1, 1999, FMC shall prepare and submit to EPA a dust control plan that identifies specific application rate (concentrations) and application frequency of dust suppressants for stockpiles.

• FMC shall keep records of dust suppressant purchase, application rate, and application location. FMC shall keep such records on file for 5 years for inspection by EPA and the Tribes.

• FMC shall complete the milestones on schedule.

13. Nodule Fines Baghouse and Dry Material Recycle:

Project Description:

• FMC shall enclose the ground level storage and materials handling of nodule fines.

Schedule:

• FMC shall complete the project design by June 1, 1999.

• FMC shall complete the project by May 1, 2000.

Total Cost:

• FMC shall expend $3,200,000 in initial costs by May 1, 2000. FMC shall expend $200,000 in annual operating costs beginning January 1, 2000, and each year thereafter for the duration of this agreement.

Performance Measures:

• FMC shall complete the milestones on schedule.

• Per paragraph I.2.b, FMC shall observe, record, and report any visible emissions from any new enclosed nodule fines storage facility to the atmosphere for three months. Opacity shall be observed once each day for a period of 10 minutes, every six days using EPA Method 9.

14. Fort Hall Environmental Health Assessment

Project Description:

• FMC shall commit a minimum of $1,650,000 to fund a study of the potential human health effects on residents of the Fort Hall Reservation that may have resulted from releases of hazardous substances from RCRA waste management units and other sources at the FMC Pocatello facility. The study will evaluate both direct human exposure pathways (air, water and soil) and indirect pathways (food, plants, fish and animals). In accordance with EPA’s SEP Policy, the project will provide diagnostic, preventative and/or remedial components to human health care.

A key aspect of the project includes implementing a communication and education program to inform and educate the Tribal community regarding all stages of study implementation, results and recommendations.

The Assessment/Study Plan will be developed by a Study Design Panel of scientific experts and Tribal members. The Study Design Panel will recommend specific study design or evaluations based upon health and exposure concerns raised by the Tribes. The Study Design Panel will submit to EPA the study design and criteria for comments. The Panel will also have responsibility for reviewing study progress and recommending changes as necessary to achieve study objectives.

The Study Design Panel will have responsibility for planning and oversight of the health/assessment study, including:

_ review Tribal concerns and questions;

_ review past studies and risk assessments related to Fort Hall;

_ Recommend study(ies) that can best address Tribal health assessment concerns;

_ Identify, screen and evaluate potential contractors;

_ Recommend study contractor(s);

_ Approve study protocol; establish method for collecting and managing study information in harmony with Tribal culture, customs and practices; and establish criteria for sound decision making and interpreting data; and

_ Periodic review of study implementation thru completion and recommend changes if needed to achieve objectives.


Project administration, including selection of the Study Design Panel, approval of Study Design Panel recommendations, and overall project oversight will be the responsibility of the Study Management Team. The Study Management Team will be composed of an equal number of members appointed by each of the Tribes and FMC. The Study Management Team’s responsibilities include:


_ Approval of Study Design Panel Recommendations;

_ Approval and management of contractors;

_ Project administration, including schedule and budget; and

_ Management of communication and education program

Schedule:

• The study shall be conducted on the following schedule and budget. Achievement of the schedule dates set forth below is dependent on when previous actions are completed. Nonetheless, the overall project will be conducted at a pace such that fieldwork can be conducted in 2000-2001, or beginning in late 1999 if aggressive targets can be met. Changes to the schedule and budget shall be approved by the Study Management Team. However, extensions of time to complete the Final Study Implementation Report or to complete implementation of the Communication/Education Plan as well as any budget reductions require prior EPA approval.

Milestones
Schedule
Budget

- Study Planning & Development

$ 250,000


- Selection of Study Design Panel
120 days from lodging of Consent Decree


- Selection of Communications/ Education Team
90 days from lodging of Consent Decree


- Submit Assessment/Study Plan and contractor selection to EPA for approval
October 31, 1999


- Implementation and completion of approved assessment/study plan, and submit Final Study Implementation Report to EPA for review and comment.
December 31, 2002
$1,150,000


- Issue Final Study Implementation Report
30 days after receipt of EPA comments


- Submit Communication/Education Plan and schedule to EPA for approval
December 31, 2002


- Implementation and completion of Communication/Education in accordance with approved plan

$ 200,000


- Study Management Team

$ 50,000


- Management and Administration


Total Cost:

• FMC shall expend a minimum of $1,650,000 in accordance with the above schedule.

Performance Measures:

• FMC shall complete the milestones on schedule.

• The Assessment/Study Plan shall include, but not be limited to:


(1) a description of the specific goals and objectives of the study and the specific tasks to be undertaken to achieve those objectives and goals;

(2) a description of the various field work projects;

(3) a description of the type of analyses that will be conducted on the information and data collected during the field work portion of the study;

(4) identification of the individuals or contractors who will be conducting the various components of the study, their responsibilities, and the qualifications of the scientific experts; and

(5) the schedule for completing the study.


•The Communication/Education Plan shall be developed and initiated directly following selection of the Communication/Education Team. Upon completion of the study, it will be revised as appropriate and submitted to EPA for approval. The Plan will be designed to inform and educate the members of the Fort Hall Tribal community on the progress and results of the study and shall include, but not be limited to:

(1) a description of the specific goals and objectives of the communication/education effort and the specific tasks to be undertaken to achieve those objectives and goals;

(2) an identification of the individuals or contractors who will be conducting the various components of the communication/education effort, their responsibilities, and the qualifications of the scientific experts; and

(3) the schedule for completing the communication/education effort and reporting results to EPA.

Nothing in this Section II shall be construed to abrogate EPA’s authority to require testing under Section 114 of the Clean Air Act.


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