HomeMy WebLinkAbout20130566.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant PLAINS MARKETING, LP Case Number USR12-0075
Submitted or Prepared
Prior to
Hearing
At
Hearing
Commissioner Maxey Field Check dated 2.18.2013
X
2
Office of the State Engineer, Division of Water Resources Well Permit
X
3
CDPHE Air Pollution Control Division Construction Permit
X
4
Applicant's proposed amendments to the Staff Report
X
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services
at the scheduled Planning Commissioners hearing.
Kim gl I Planner
FIELD CHECK
CASE NUMBER: asdi z- 007.E
APPLICANT'S NAME:
PLANNER: O(a I.,6"
REQUEST: 14yL , GK / / epa TkrtvlLcioaW4
LEGAL DESCRIPTION: A,{, St3- - , �7 / 7-2A , ✓F (0 3 L41
LOCATION: f✓ 30r , l AitrcC Al /8"
LAND USE:
DATE OF INSPECTION: Z
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ZONING: N A (Agricultural)
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S A (Agricultural)
W A (Agricultural)
COMMENTS:
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EXHIBIT
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EXHIBIT
2.14. 13
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
PLAINS MARKETING LP
333 CLAY ST SUITE 1600
HOUSTON, TX 77002-
(713) 646-4383
PERMIT TO CONSTRUCT A WELL
L./5K /Z-ao-7
LIC
WELL PERMIT NUMBER 290142
DIV. 8 WD 1 DES. BASIN 5 MD 9
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 SE 1/4 Section 17
Township 2 N Range 63 W Sixth P.M.
DISTANCES FROM SECTION LINES
1214 Ft. from South Section Line
2147 Ft. from East Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Fasting: Northing:
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-105 for a well on a tract of land of 40 acres described as the SW1/4 of the SE1/4 of
Section 17, Township 2 North, Range 63 West of the 6th P.M., Weld County, for one well to be used in one commercial
business described as a loading facility. The business must meet the qualifications as described in CRS
37-90-105(1)(c)(II). Use of this well in a commercial business having another small capacity commercial well is prohibited
unless a new permit to use this well is granted.
4) The pumping rate of this well shall not exceed 15 GPM.
5) The annual withdrawal of ground water from this well shall not exceed 0.4787 acre-feet.
6) Production is limited to the Laramie -Fox Hills aquifer which is located 405 feet below land surface and extends to a depth
of 670 feet. Plain casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and
the movement of ground water between aquifers.
7) The depth to the top of the Laramie -Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from
zones immediately above the aquifer, plain casing and grout shall extend through the lowermost coal and/or carbonaceous
shale that overlies the Laramie sand portion of the aquifer.
8) This well shall be constructed within 300 feet of the location specified on this permit.
9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Lost Creek Ground
Water Management District and the Division of Water Resources upon request.
NOTE: Noncompliance with the procedures outlined in the attached information sheet (form GWS-5) may void your well
permit.
NOTICE: This permit has been approved with a change to the permit application as submitted by the applicant. You are
hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within
sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through
106, C.R.S.)
APPROVED
SMJ
Receipt No. 3658165
Form STATE OF COLORADO SMALL
No. DIVISION OF WATER RESOUCES - OFFICE OF THE STATE ENGINEER CAPACITY
GWS-5 1313 Sherman St., Room 821, Denver, Colorado 80203
(8/2012) (303) 866-3581 Fax (303) 866-2223
INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-90-105
(RESIDENTIAL, LIVESTOCK AND LIMITED COMMERCIAL USES IN DESIGNATED BASINS)
Carefully read the conditions of approval on the well permit. Those conditions and the information on this
information sheet must be complied with in order for the permit to remain valid.
THE WELL CONSTRUCTION WORK MUST BE COMPLETED PRIOR TO THE EXPIRATION DATE OF THE PERMIT.
THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. Evidence of well construction must be
submitted to this office in the form of a well construction report from the contractor showing that construction was
completed prior to expiration of the well permit.
The permit number is located in the upper right hand corner of the permit, The expiration date is located in the
lower right hand corner.
The expiration date may be extended at the discretion of the Commission for good cause shown. If you desire an
extension, you must file a written request with this office prior to the expiration date. The request must state why the
well has not been completed, must include an estimate of time required to complete the well, and must specify the length
of extension you desire, not to exceed one (1) year. There is no filing fee for the extension.
The well must be constructed and the pump installed by contractors with current license(s) issued by the State of
Colorado exempt as described on the reverse side. The well construction and pump installation reports must be
submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after
expiration of the permit, whichever is earlier. Your contractor must provide you with a copy of the work report(s) he has
filed with the State Engineer. The Well Construction and Test Report, Form Number GWS-31 and Pump Installation and
Test Report, Form Number GWS-32 is available from the Division of Water Resources offices, or from our website at
www.water.state.co.us. Additional information regarding well construction, pump installation, and well plugging are found
on the reverse side of this sheet.
You have been provided with at least two copies of the well permit.
also a copy for the pump installation contractor. Copies have been
number on the application, otherwise two additional copies have been
well construction contractor if you select one different from the one
Owner's Copy to the contractor.
Keep the owner's copy for your records. There is
sent to the driller if you indicated a driller license
enclosed. You may make additional copies for the
indicated in your application. Do not give your
The original permit and its file have been imaged and copies may be obtained from our website at www.water.state.co.us.
Any change of mailing address or ownership should be reported to the State Engineer by the new owner on a "Change in
Ownership/Address", form number GWS-11, available on our website.
If you have questions, contact Staff of the Commission at the Denver Office, or to a limited extent the local Ground Water
Management District where your well is located.
Ground Water Commission
Denver Office
1313 Sherman St., Room 821
Denver, CO 80203
(303) 866-3581
Lost Creek
Thomas Sauter, Mgr.
50005 East 120'" Ave.
Bennett, CO 80102
(303) 644-3314
Upper Black Squirrel
Tracy Doran, Mgr.
520 Colorado Ave., #C
Calhan, CO 80808
(719) 347-0704
Arikaree
Rod Mason, Mgr.
5462 CR TT
Cope, CO 80812-9400
(970) 357-4289
North Kiowa-Bijou
Loyd Musgrave, Mgr.
76860 E 168'" Ave
Wiggins, CO 80654
(970) 483-5652
Southern High Plains
Don Wood, Pres.
36663 Co. Rd. UU
Two Buttes, CO 81084
(719) 326-5244
Central Yuma & Sandhills
Nate Midcap, Mgr.
342 Main St.
Wray, CO 80758
(303) 332-4155 Thursday
Plains & E Cheyenne
BreAnn Ferguson, Mgr.
P.O. Box 188
Burlington, CO 80807
(719) 346-8487
W -Y
Jack Dowell, Mgr.
P.O. Box 121
Yuma, CO 80759
(970) 848-5333
Frenchman & Marks Butte
Nate Midcap, Mgr.
103 E Emerson
Holyoke, CO 80734
(970)854-3484 Monday
Upper Big Sandy
Leann Pyatt, Mgr.
P.O. Box 241
Simla, CO 80835-0241
(719) 541-5600
Form GWS-5
Page 2 8/2012
The well must be constructed in compliance with the Water Well Construction Rules (2 CCR 402-2) unless approval of
a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors.
The Water Well Construction Rules are available from our offices or our website at www.water.state.co.us. The rules cover
the minimum well construction and pump installation standards, disinfection requirements, well plugging standards and
contractor licensing regulations.
Any well to be plugged must be plugged in accordance with Rule 16 of the Water Well Construction Rules. A Well
Abandonment Report, Form Number GWS-9, must be submitted to confirm the plugging and sealing of the well. This form is
available from our offices or our website at www.water.state.co.us.
Well construction and pump installation by the well owner. You may construct the well and/or install the pump yourself
if the well is entirely for your own use, is on property you own, and is constructed and/or pump equipment is installed with
equipment owned and operated by you. It will be your responsibility to complete and submit the Well Construction and
Test Report, Form Number GWS-31 and/or the Pump Installation and Test Report, Form Number GWS-32. These forms
are available from our offices or our website at www.water.state.co.us. If you are constructing your own well or installing
your own pumping equipment, it is recommended that you obtain a copy of the Water Well Construction Rules for reference.
The permit may require installation of a totalizing flow meter to measure all withdrawals from the well. As a
minimum, the meter shall be installed according to manufacturer's recommendations and shall contain sufficient recording
digits to assure that "roll over" to zero does not occur within three years, and shall be read annually. The meter shall be
maintained by the permittee so as to provide continuous, accurate records of withdrawal. If the meter is not operational,
the well shall not be pumped. The Commission may approve a substitute totalizing measuring device if it is capable of
recording or can be used to calculate the total volume pumped. The permittee shall report the amount of withdrawal from
the permitted well as reasonably required by the Commission.
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
CONSTRUCTION PERMIT
PERMIT NO: 12WE2043
DATE ISSUED: JAN 28 2013
ISSUED TO: Plains Marketing, LP
INITIAL APPROVAL
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Crude oil transloading facility, known as the Tampa Crude Oil Rail Loading Facility, owned
and operated by Plains Marketing, LP, located in section 17 — T2N, R63W in Weld County,
Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Facility
Equipment ID
AIRS
Point
Description / Activity
2 IFR
storage tanks
001
Two (2) Internal Floating Roof (IFR) tanks to receive and store crude oil
and discharge to rail cars. Tank capacity is 150,000 barrels each.
(Manufacturer, model and SN : TBD)
4 IFR
storage tanks
002
Four (4) Internal Floating Roof (IFR) storage tanks to store crude oil.
Tank capacity is 1,000 barrels each. (Manufacturer, model and SN :
TBD)
Fugitive VOC
Emissions
003
Fugitive VOC emissions from equipment leaks.
Enclosed flare
004
Enclosed flare to treat VOC emissions from rail car loading facility (AIRS
ID 005). (Manufacturer, model and SN : TBD)
Loading Facility
005
Rail car loading facility to transfer stored crude oil from storage tanks to
rail cars. VOC emissions are routed to the Enclosed flare (AIRS ID 004)
Fugitive Dust
Emissions
006
Fugitive dust emissions from truck traffic.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED
IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
AIRS ID 123/9952/
EXHIBIT
Z • tq 13
USU. IZ-
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL
1 YOU MUST notify the Air Pollution Control Division (the Division) no later than fifteen days
after commencement of the permitted operation or activity by submitting a Notice of
Startup form to the Division. The Notice of Startup form may be downloaded online at
www.cdphe.state.co.us/ap/downloadforms.html. Failure to notify the Division of startup of the
permitted source is a violation of Air Quality Control Commission (AQCC) Regulation No, 3, Part
B, Section III.G.1 and can result in the revocation of the permit.
2. Within one hundred and eighty days (180) after commencement of operation, compliance with the
conditions contained on this permit shall be demonstrated to the Division. It is the permittee's
responsibility to self certify compliance with the conditions. Failure to demonstrate compliance
within 180 days may result in revocation of the permit or enforcement action by the Division.
Information on how to certify compliance was mailed with the permit or can be obtained from the
Division. (Reference: Regulation No. 3, Part B, Il.G.2)
3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i)
does not commence construction/modification or operation of this source within 18 months after
either, the date of issuance of this construction permit or the date on which such construction or
activity was scheduled to commence as set forth in the permit application associated with this
permit; (ii) discontinues construction for a period of eighteen months or more; (iii) does not
complete construction within a reasonable time of the estimated completion date. The Division
may grant extensions of the deadline per Regulation No. 3, Part B, III.F.4.b. (Reference:
Regulation No. 3, Part B, III.F.4.)
4. Within one hundred and eighty days (180) after commencement of operation, the operator shall
complete all initial compliance testing and sampling as required in this permit and submit the results
to the Division as part of the self -certification process. (Reference: Regulation No. 3, Part B, Section
III.E.)
5. The applicant shall develop an operating and maintenance (O&M) plan, along with a
recordkeeping format, that outlines how the applicant will maintain compliance on an ongoing
basis with the requirements of this permit. The O&M plan shall commence at startup. Within
one hundred and eighty days (180) after commencement of operation, the applicant shall submit
the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan
could result in denial of the final approval permit. (Reference: Regulation No. 3, Part B, III.E.)
6. Within one hundred and eighty days (180) after commencement of operation, the AIRS ID number
shall be marked on the subject equipment (with the exception of fugitive emission sources, ie,
pumps, valves, connectors, etc) for ease of identification. (Reference: Regulation No. 3, Part B,
III.E.) (State only enforceable)
7 The manufacturer, model number and serial number of the subject equipment shall be provided to
the Division within fifteen days (15) after commencement of operation. This information shall be
included on the Notice of Startup (NOS) submitted for the equipment. (Reference: Regulation No.
3. Part B, Ill.E,)
EMISSION LIMITATIONS AND RECORDS
8. Emissions of air pollutants shall not exceed the following limitations (as calculated using the
emission factors included in the Notes to Permit Holder section of this permit). Monthly records of
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 3
Colorado Department of Public Health and Environment
Air Pollution Control Division
the actual emission rates shall be maintained by the applicant and made available to the Division
for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4).
Monthly Limits: Based on 31 day month except as noted
Facility Equipment
ID
AIRS
Point
Tons per Month
Emission
Type
PM
PM10
PM2.5
NO.
VOC
CO
2- IFR storage tanks
001
--
---
--
----
1.08(1)
---
Point
4 IFR storage tanks
002
—
---
---
---
0.37(1)
----
Point
Fugitive Emissions
003
--
---
---
--
1.00
--
Fugitive
Enclosed flare
004
--
---
--
1,53
3.73
3.81
Point
Loading Facility
005
---
---
--
---
----
----
--------
Fugitve Dust
006
5.98
1.54
0.16
—
—
—
Fugitive
TOTAL
Point
—
--
--
1.53
6.18
3.81
Fugitive
5.98
1.54
0.16
—
1.00
—
The monthly limits included in this permit (except as noted below) were derived from the annual limits
based on a 31 -day month. The owner or operator shall calculate monthly emissions based on the
calendar month.
(1) Monthly limit is based on the maximum month (July) as determined by Tanks 4.09 simulation.
Annual Limits:
Facility Equipment
ID
AIRS
Point
Tons per Year
Emission
Type
PM
PM10
PM2.5
NO„
VOC
CO
2- IFR storage tanks
001
—
---
---
—
12.96
---
Point
4 IFR storage tanks
002
---
---
---
---
4.44
----
Point
Fugitive Emissions
003
—
--
---
---
11.71
----
Fugitive
Enclosed flare
004
---
--
---
17.95
44.77
44.77
Point
Loading Facility
005
---
—
--
---
--
--
-------
Fugitve Dust
006
70,38
18.15
1.82
----
--
----
Fugitive
TOTAL
Point
17.95
62.17
44.77
Fugitive
70.38
18.15
1.82
---
11.71
----
See "Notes to Permit Holder #4" for information on emission factors and methods used to calculate
limits.
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
initial Approval
page 4
Colorado Department of Public Health and Environment
Air Pollution Control Division
During the first twelve (12) months of operation, compliance with both the monthly and yearly
emission limitations shall be required. After the first twelve (12) months of operation, compliance with
only the yearly limitation shall be required.
Compliance with the annual limits shall be determined by recording the facility's annual criteria
pollutant emissions, (including all HAPs above the de-minimis reporting level) from each emission
unit, on a rolling (12) month total. By the end of each month a new twelve-month total shall be
calculated based on the previous twelve months' data. The permit holder shall calculate monthly
emissions and keep a compliance record on site, or at a local field office with site responsibility,
for Division review. This rolling twelve-month total shall apply to all emission units, requiring an
APEN, at this facility.
9. The emission points in the table below shall be maintained and operated with the control
equipment as listed. The uncontrolled emissions shall be reduced by at least the control
efficiencies listed. Operating parameters of the control equipment shall be identified in the
operating and maintenance plan. The identified operating parameters will replace the control
efficiency requirement in the final approval permit. (Reference: Regulation No.3, Part B, Section
III.E.)_
Facility Equipment ID
AIRS
Point
Control Device
Controlled
Emissions
Control Efficiency
2 IFR storage tanks
001
Internal floating roof
VOC
4 IFR storage tanks
002
Internal floating roof
VOC
---
Fugitive VOC
Emissions
003
Quarterly
Leak Detection and
Repair (LDAR) (1)
VOC
Valves (gas service) 70%
Valves (light liquid) 61%
Pumps (light liquids) 45%
Connectors/Flanges 30%
Open ended lines 75%
Enclosed flare
004
--------
VOC
---
Loading Facility
005
Enclosed flare
VOC
98%
Fugitive Particulate
Emissions
006
particulate
----
(1) LDAR control efficiencies taken from Table 5-3 Protocol for Equipment Leak Emission
Estimates (EPA 453/R-95-017) and TCEQ (APDG6219v2) revised 7/11.
PROCESS LIMITATIONS AND RECORDS
10. This source shall be limited to the following maximum consumption, processing and/or operational
rates as listed below. Monthly records of the actual process rate shall be maintained by the
applicant and made available to the Division for inspection upon request. (Reference: Regulation
3, Part B, II.A.4)
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 5
Colorado Department of Public Health and Environment
Air Pollution Control Division
ProcesslConsumption Limits
Process Parameter
Annual Limit
(barrels)
Monthly limit
(31 days)
(barrels)
Daily limit
(Barrels)
Facility
wide
Barrels of oil loaded
25,550,000
2,170,000
70,000
The monthly limits included in this permit were derived from the annual limits based on a 31 -day
month. The owner or operator shall calculate monthly emissions based on the calendar month.
During the first twelve (12) months of operation, compliance with both the monthly and yearly process
limitations shall be required. After the first twelve (12) months of operation, compliance with only the
yearly limitation shall be required.
Compliance with the yearly process limits shall be determined on a rolling twelve (12) month total.
By the end of each month a new twelve-month total is calculated based on the previous twelve
months' data. The permit holder shall calculate monthly process rate and keep a compliance
record on site or at a local field office with site responsibility, for Division review. .
STATE AND FEDERAL REGULATORY REQUIREMENTS
11. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the
source. During periods of startup, process modification, or adjustment of control equipment
visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive
minutes. (Reference: Regulation No. 1, Section II,A.1. & 4.
12. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable)
13. The storage tanks (AIRS points 001 and 002) are subject to the New Source Performance
Standards requirements of Regulation No. 6, Part A , Subpart Kb , Standards of Performance for
Volatile Organic Liquid Storage Vessels (including petroleum liquid storage vessels) for which
construction, reconstruction, or modification commenced after July 23, 1984, including, but not
limited to, the following:
a. §60.112b Standard for volatile organic compounds (VOC)
b. §60.113b Testing and procedures
c. §60.115b Reporting and recordkeeping requirements
d. §60.116b Monitoring requirements
14. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions,
apply.
a. At all times, including periods of start-up, shutdown, and malfunction, the facility
and control equipment shall, to the extent practicable, be maintained and
operated in a manner consistent with good air pollution control practices for
minimizing emissions. Determination of whether or not acceptable operating and
maintenance procedures are being used will be based on information available to
the Division, which may include, but is not limited to, monitoring results, opacity
observations, review of operating and maintenance procedures, and inspection of
AIRS ID 123/9952/
c.
d.
e.
f.
9.
h.
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 6
Colorado Department of Public Health and Environment
Air Pollution Control Division
the source. (Reference: Regulation No. 6, Part A. General Provisions from 40
CFR 60.11
b. No article, machine, equipment or process shall be used to conceal an emission
which would otherwise constitute a violation of an applicable standard. Such
concealment includes, but is not limited to, the use of gaseous diluents to achieve
compliance with an opacity standard or with a standard which is based on the
concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12)
Written notification of construction and initial startup dates shall be submitted to
the Division as required under § 60.7.
Records of startups, shutdowns, and malfunctions shall be maintained, as
required under § 60.7.
Excess Emission and Monitoring System Performance Reports shall be
submitted as required under § 60.7.
Performance tests shall be conducted as required under § 60.8.
Compliance with opacity standards shall be demonstrated according to § 60.11.
Written notification of opacity observation or monitor demonstrations shall be
submitted to the Division as required under § 60.7
15. The two, 150,000 barrel IFR storage tanks (AIRS ID 001) and the four, 1,000 barrel IFR storage
tanks (AIRS ID 002) are subject to requirements of Control Emissions of Volatile Organic
Compounds as contained in Regulation No. 7, Section V1.B.2 "Storage of petroleum liquid in
tanks greater than 151,412 liters (40,000 gallons)" including but not limited to:
§1/1.B.2.a. Storage of petroleum liquid in fixed roof tanks
§VI.B.2.a.(i)(A) The tank has been equipped with a pontoon -type, or double -deck type,
floating roof or an internal floating cover which rests on the surface of the liquid contents
and which is equipped with a closure seal or seals to close the space between the edge
of the floating roof (or cover) and tank walls;
16. This source is subject to requirements to Control Emissions of Volatile Organic Compounds as
contained in Regulation No. 7, Section VI. "Storage and Transfer of Petroleum Liquid" including
but not limited to:
§ VI.C.4. Transport Vehicles
§ VI.C.4.a Rail cars shall be loaded only at facilities which allow for the following:
§ VI.C.4.a(i) A submerged fill pipe which reaches within 15.24 cm (6 in) of the bottom of
the tank or tank cars equipped for bottom loading.
§ VI.C.4.a(ii) Vapor collection and/or disposal equipment designated and operated to
recover vapors displaced during the loading of the rail car.
§ VI.C.4.a(iii) A vapor -tight seal around the tank car hatch and the loading equipment.
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 7
Colorado Department of Public Health and Environment
Air Pollution Control Division
17. The petroleum transport trucks transferring products are subject to the requirements contained in
Regulation No. 7, Section VI. "Storage and Transfer of Petroleum Liquid" including but not limited
to::
§VI.C.4.b(i) Dry -break loading and unloading nozzles are used and are compatible with
those required at the loading facilities.
§VI.C.4.b(ii) Vapor recovery hoses are connected at all times during unloading or loading
of petroleum distillate.
§VI.C.4.b(iii) Transport trailers and vehicle tanks are operated and maintained to prevent
detectable hydrocarbon vapor loss during loading and delivery.
§VI.C.4.b(iv) Compartment dome lids are closed and locked during transfers of
petroleum liquid. Such lids may be opened for the purpose of certifying the
accuracy of a delivery only prior to and after such delivery.
§VI.C.4.b(v) Hoses, couplings, and valves are maintained to prevent dripping, leaking, or
other liquid or vapor loss during loading or unloading.
18. This source is located in an ozone non -attainment or attainment -maintenance area and subject to the
Reasonably Available Control Technology (RACT) requirements of Regulation Number 3, Part B,
III.D.2.b. Compliance with conditions 8, 9, 10, 13, 15, 16 and 17 were determined to be RACT.
OPERATING & MAINTENANCE REQUIREMENTS
19. Upon startup of these points, the applicant shall follow the operating and maintenance (O&M) plan
and record keeping format approved by the Division, or for new sources, the operating and
maintenance (O&M) plan and record keeping format submitted to the Division for review and
approval, in order to demonstrate compliance on an ongoing basis with the requirements of this
permit, Revisions to your O&M plan are subject to Division approval prior to implementation.
(Reference: Regulation No. 3, Part B, Section III.G.7.)
COMPLIANCE TESTING AND SAMPLING
Initial Testing Requirements
20. Within 180 days of startup, the owner or operator shall demonstrate compliance with Condition
11, using EPA Method 9 to measure opacity from the enclosed flare (AIRS ID 005) This
measurement shall consist of a minimum twenty-four consecutive readings taken at fifteen
second intervals over a six minute period. (Reference: Regulation No. 1, Section II.A.1 & 4)
21. A source initial compliance test shall be conducted on the VOC vapor collection and control
system to demonstrate compliance with the 98% control efficiency and to demonstrate that there
is no detectable vapor loss from the collection system (ie the system is leak free). Detectable
vapor loss is defined as a VOC concentration exceeding 10,000 ppm. Measurement for fugitive
VOC emissions from the collection system shall be made by Photo Ionization Detector (PID) or
another method approved by the Division. The test protocol must be in accordance with the
requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted
to the Division for review and approval at least thirty (30) days prior to testing. No compliance test
shall be conducted without prior approval from the Division. Any compliance test conducted to
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 8
Colorado Department of Public Health and Environment
Air Pollution Control Division
show compliance with a monthly or annual emission limitation shall have the results projected up
to the monthly or annual averaging time by multiplying the test results by the allowable number of
operating hours for that averaging time (Reference: Regulation No. 3, Part B., Section III.G.3)
ADDITIONAL REQUIREMENTS
22. Within one hundred and eighty days (180) after commencement of operation, the operator shall
complete a hard count of components (pumps, valves, connectors, etc) at the source and
establish the number of components that are operated in "gas service" and `light oil" service. The
operator shall submit the results to the Division as part of the self -certification process to ensure
compliance with emissions limits. Such component count shall be updated whenever changes
are made. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable
23 The AIRS ID number shall be marked on the subject equipment (with the exception of fugitive
emission sources, ie, pumps, valves, connectors, etc) for ease of identification. (Reference:
Regulation No. 3, Part B, III.E.) (State only enforceable).
24 The particulate emission control measures listed on Attachment A (as approved by the Division)
shall be applied to the particulate emission producing sources as required by Regulation No. 1,
Section III.D.1.b.
25 A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part
A, Section ILC.)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting less than 100 tons per year, a change in actual emissions of five
tons per year or more, above the level reported on the last APEN submitted; or
For volatile organic compounds (VOC) and nitrogen oxide (NOx) sources in an ozone
non -attainment area emitting less than 100 tons of VOC or nitrogen oxide per year, a
change in actual emissions of one ton per year or more or five percent, whichever is
greater, above the level reported on the last APEN submitted; or
For sources emitting 100 tons per year or more of a criteria pollutant, a change in
actual emissions of five percent or 50 tons per year or more, whichever is less, above the
level reported on the last APEN submitted; or
For sources emitting any amount of lead, a change in actual emissions, above the level
reported on the last APEN submitted, of fifty (50) pounds of lead
For any non -criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less, above the
level reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or activity; or
c. Whenever new control equipment is installed, or whenever a different type of control
equipment replaces an existing type of control equipment: or
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
initial Approval
page 9
Colorado Department of Public Health and Environment
Air Pollution Control Division
d. Whenever a permit limitation must be modified; or
e. No later than 30 days before the existing APEN expires.
26. Operating Permit (OP) requirements shall apply to this source at any such time that the facility
wide potential to emit equals or exceeds the major source level. Once the facility wide potential to
emit equals or exceeds the major source level a Title V operating permit application shall be
submitted in accordance with the requirements in Regulation No. 3, Part C.
27. Non -attainment New Source Review requirements shall apply to this source at any such time that
this source becomes major solely by virtue of a relaxation in any permit condition. Any relaxation
that increases the potential to emit above the applicable NSR threshold will require a full NSR
review of the source as though construction had not yet commenced on the source. The source
shall not exceed the NSR threshold until a NSR permit is granted. (Regulation No. 3, Part 0,
V.A.7).
GENERAL TERMS AND CONDITIONS:
28. This permit and any attachments must be retained and made available for inspection upon
request. The permit may be reissued to a new owner by the Division as provided in Regulation
No. 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a revised
APEN and the required fee.
29. If this permit specifically states that final approval has been granted, then the remainder of this
condition is not applicable. Otherwise, the issuance of this construction permit does not provide
"final" authority for this activity or operation of this source. Final approval of the permit must be
secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S,
and Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation
or activity commences and has been verified by the Division as conforming in all respects with the
conditions of the permit. Once self -certification of all points has been reviewed and approved by
the Division, it will provide written documentation of such final approval. Details for obtaining
final approval to operate are located in the Requirements to Self -Certify for Final Approval
section of this permit.
30. This permit is issued in reliance upon the accuracy and completeness of information supplied by
the applicant and is conditioned upon conduct of the activity, or construction, installation and
operation of the source, in accordance with this information and with representations made by the
applicant or applicant's agents. It is valid only for the equipment and operations or activity
specifically identified on the permit.
31. Unless specifically stated otherwise, the general and specific conditions contained in this permit
have been determined by the Division to be necessary to assure compliance with the provisions of
Section 25-7-114.5(7)(a), C.R.S.
32. Each and every condition of this permit is a material part hereof and is not severable. Any
challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and
upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked
at any time prior to self -certification and final authorization by the Division on grounds set forth in
the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including
failure to meet any express term or condition of the permit. If the Division denies a permit,
conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit,
the applicant or owner or operator of a source may request a hearing before the AQCC for review
of the Division's action.
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 10
Colorado Department of Public Health and Environment
Air Pollution Control Division
33 Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission
Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a
source or activity is to be discontinued, the owner must notify the Division in writing requesting a
cancellation of the permit. Upon notification, annual fee billing will terminate.
34. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and
Control Act or the regulations of the AQCC may result in administrative, civil or criminal
enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil
penalties), -1 , .1 (criminal penalties), C.R.S.
Michae Harris,
Permit Engineer
Permit Histo
Issuance
Date
Description
Initial Approval
This Issuance
Issued to Plains Marketing LP
R K Ha6ncock III, P.E.
Construction Permit Unit Supervisor
Notes to Permit Holder:
1) The production or raw material processing limits and emission limits contained in this permit are
based on the production/processing rates requested in the permit application. These limits may
be revised upon request of the permittee providing there is no exceedence of any specific
emission control regulation or any ambient air quality standard. A revised air pollution emission
notice (APEN) and application form must be submitted with a request for a permit revision.
2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative
Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the
Division of any malfunction condition which causes a violation of any emission limit or limits stated
in this permit as soon as possible, but no later than noon of the next working day, followed by
written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common
Provisions Regulation. See: http://www.cdphe.state.co.us/regulations/airregs/5CCR1001-2.pdf.
3) The following emissions of non -criteria reportable air pollutants are estimated based upon the
process limits as indicated in this permit. This information is listed to inform the operator of the
Division's analysis of the specific compounds emitted if the source(s) operate at the permitted
limitations,
Pollutant
CAS #
BIN
Uncontrolled
Emission
Rate
(Ib/yr)
Are the
emissions
reportable? (1)
Controlled
Emission
Rate (Iblyr)
Benzene
71432
A
198
NO
198
Toluene
108883
C
277
NO
277
Ethylbenzene
100414
C
105
NO
105
Xylene
1330207
C
366
NO
366
Hexane
110543
C
151
NO
151
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 11
Colorado Department of Public Health and Environment
Air Pollution Control Division
2,2,4 Trimethyl
pentane
540841
C
29
NO
1540
Cumene
98828
A I
26
NO
710
(1) Reportable thresholds based on Scenario 3.
4) The emission levels contained in this permit are based on the following emission factors:
• VOC Emissions for AIRS points 001 and 002 (Internal Floating Roof tanks) were calculated
using TANKS 4.09. These emissions are tank losses.
• Fugitive VOC emissions (AIRS point 003) are based on the following estimated component counts
and using leak factors from Table 4 of the Texas Commission on Environmental Quality's Facility
Specific Fugitive Emissions Document, prior to control efficiency as allowed when an LDAR
program is used. The following component counts are representative estimates only and are not
enforceable limits:
Component
Type
Type of
Service
Number of
Components
Emission Factor
(lb/hr-component)
Percent
VOC
Potential VOC
Emission Rates
Lb/hr
tpy
Connector
Gas/vapor
38
4.40 e-4
100
0.02
0.07
Flanges
Gas/vapor
600
8.60 e-4
100
0.52
2.26
Open ended
line
Gas/vapor
0
4.41 e-3
100
0.00
0.00
Other
Gas/vapor
30
1.94 e-2
100
0.58
2.55
Pump seals
Gas/vapor
0
5.29 e-3
100
0.00
0.00
Valves
Gas/vapor
150
9.92 e-3
100
1.49
6.52
Connector
Heavy Oil
225
1.65 e-5
100
0.00
0.02
Flanges
Heavy Oil
6000
8.60 e-7
100
0.01
0.02
Open ended
line
Heavy Oil
24
3.09 e-4
100
0.01
0.03
Other
Heavy Oil
30
6.83 e-5
100
0.00
0.01
Pump seals Heavy Oil
23
1.13 a-3
100
0.03
0.11
Valves Heavy Oil
1500
1.85 e-5
100
0.03
0.12
LDAR Control efficiencies taken from Table 5-3 Protocol for Equipment Leak Emission Estimates
-95-017) and TCEQ (APDG 6129v2) revised 07/11.
Component Type
Type of Service
% Control
Source
Valves
Gas
70
EPA
Valves
Light liquids
61
EPA
_
Pumps
Light liquids
45
EPA
Connectors/Flanges
30
TCEQ
O en ended lines
------
75 _ -
T
TCEQ
• Enclosed flare (AIRS point 004) emissions based on the manufacturer's control specifications:
o VOC - 10,000 ug per liter (0.0835 lb/1,000 gallons) of product loaded
o NOx - 4,000 ug per liter (0.0334 lb/1,000 gallons) of product loaded
o CO - 10,000 ug per liter (0.0835 lb/1,000 gallons) of product loaded
• Loading facility VOC emissions (AIRS point 005) based on the loading loss equation (AP 42,
equation 5.2) with the parameters as listed below, and 98% control at the Enclosed flare (AIRS
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 12
Colorado Department of Public Health and Environment
Air Pollution Control Division
point 004):
Parameter
Condensate
5 - saturation factor
0.6
P — true vapor pressure
4.46
M — molecular weight
66
T — temperature (degrees R)
512.3
LL- loading loss lb/1000 gal (uncontrolled)
4.294
• Fugitive Dust Emissions (AIRS ID 006) were calculated based on AP -42 chapter 13.2.2
for unpaved roads, using the following parameters:
Trip length (unloaded) = 1100 feet; weight (unloaded) = 17.5 tons
Trip length (loaded) = 2200 feet; weight (loaded) = 42.5 tons
Number of trips/year = 36,500
P - number of days with >0.01 inches of rain = 80
PM
PM10
PM2.5
K - constant
4.9
1.5
0.15
A - constant
0.7
0.9
0.9
B - constant
0.45
0.45
0.45
S — silt loading (%)
5.1
5.1
5.1
Emission factor unloaded (lb/VMT)
4.65
1.2
0.12
Emission factor loaded (IbNMT)
6.93
1.79
0.18
Annual emissions unloaded (tons)
17.68
4.56
0.46
Annual emissions loaded (tons)
52.69
13.59
1.36
5) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with
this permit is valid for a term of five years from the date it was received by the Division. A revised
APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to
the most recent annual fee invoice to determine the APEN expiration date for each emissions
point associated with this permit. For any questions regarding a specific expiration date call the
Division at (303)-692-3150.
6)
his facility is classified as follows:
Applicable
Requirement
Status
Operating Permit
Synthetic Minor Source VOC
fNANSR
Synthetic Minor Source V0C
7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be
found at the website http://ecfr.opoaccess.aov/:
AIRS ID 123/9952/
Plains Marketing, LP
Permit No. 12WE2043
Initial Approval
page 13
Colorado Department of Public Health and Environment
Air Pollution Control Division
ATTACHMENT A
PARTICULATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES
THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR
COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE
AIR QUALITY CONTROL COMMISSION REGULATION NO.1, Section III.D.1.b. THIS SOURCE IS
SUBJECT TO THE FOLLOWING EMISSION GUIDELINES:
a. Processing Activities - Visible emissions not to'exceed 20% opacity, no off -property transport of
visible emissions.
b. Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the
nuisance guidelines shall apply to off -site haul roads.
c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when
operating on the property of the owner or operator. There shall be no off -vehicle transport of
visible emissions from the material in the haul trucks when operating off of the property of the
owner or operator.
Control Measures
1. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions such
that the above guidelines are met.
AIRS ID 123/9952/
2/19/2013
Proposed Conditions
PLAINS
• Item 1 - Right Turn deceleration lane ALL
• Significant expense to construct 600-700 feet road widening
Background traffic on roadway in peak hour = 5 trips (1 car every 12 minutes)
• Please eliminate this requirement
► Item 2 - Left Turn lane on Market Street to CR 398
• Existing roadway width can accommodate restriping
• Plains to coordinate with Keenesburg
• Please eliminate this requirement
► Item 3 - Pavement for 3 miles of CR 398
Pipelines will bring nearly all crude oil to site, minimal via Tank Trucks
Traffic Study anticipated a MAXIMUM amount of traffic of 50 Tank Trucks per day
Likely is 20 Tank Truck Trips per day & 2 shifts of 20 employees = 200 PCE trips/day
Weld County trigger for pavement is 400 trips/day
Please eliminate this requirement and include a provision in the Improvements
Agteement to have Plains provke dust control year-round on CR 398. and a
commitment to a v%cata_share of engineerino and pavement In future If Plains
gss_K(Sed traf icjncieasesto_QQt_fripsAlay
• Item 4 - Parking spaces to provide is 60
• Plains only needs 40 parking spaces - (2 shifts of 20 workers each = 40 spaces
• P/ease reduce to 4llparkiny_spaces
EXHIBIT
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