good evening everybody i’m just watching people come in as we get the meeting started so just give us a couple more seconds and we’ll get you started officially here really appreciate everybody coming out tonight it was starting to get a little cloudy here and i thought it might rain so i’m hoping it uh holds off at least for a little while while we go through our meeting tonight so looks like most people are coming in and are getting into the zoom meeting so this is only our second zoom meeting we’ve done for eagle so we’re kind of excited to have this new platform as usual if you have any feedback on it please feel free to let us know what you thought this is an information session for marathon petroleum at the detroit refinery and this is about the proposed consent order so this is going to be about an enforcement case tonight um what we’re going to be talking about this evening just to let you know is we’re going to do an introduction of air quality division staff that are going to be on the panel tonight to answer questions for you after a brief presentation so i’m going to just take a minute to introduce them really quickly so i’m jennifer dixon and i actually work in our environmental support division uh we also have erin moran she’s going to be doing much of the speaking during the presentation tonight and she works in our enforcement unit i also have some other panel members tonight with me george acevedo he is the inspector for the facility and he works out of our detroit district office i have keisha williams she works in our toxics unit so she’ll be able to answer questions related to that erica wolfe is on and she works in our state implementation plan unit and erica and probably didn’t say that quite right but i think that’s we’re talking about rules non-attainment things like that so if you have questions about that erica will be able to answer those questions and then i also have susan kilmer with us and she is in our air monitoring unit so she’ll be able to answer questions that you may have about that um so tonight the way we’re going to run this is it this is an information session so it’s not taking public comment on the record this evening but we want to give you some information about this proposed consent order so we’re going to do a little bit of a presentation aaron’s going to primarily run that kind of run you through what’s happened so far what we’re looking at and where we’re going with that and then after that we’re going to open it up to question and answer for you after the question and answer session i want to go over ways that you can submit an official comment on the record if you want to do that we’ll also talk about where you can find other information about this project so if you’re just coming in and you’ve only heard heard a little bit about it maybe only in the news but you want more information we’ll talk about where you can find that as well and then i’ll give you some information about who you can contact if you have other questions after this meeting okay so a couple things about tonight is your lines are going to be muted during the meeting especially during the presentation part and we are recording this meeting so if you have to jump off early then you can definitely watch this on youtube later on if you feel the need to or if you just want a review of it before you make a comment or something like that there’s a few ways we’re going to talk about to ask a question the primary way that we would like you to ask your question is to submit your questions in the question and answer box so you’ll find that on the bottom of your zoom screen that way you can type in a question we’ll be able to read that question aloud to our panel and get an answer for you another thing that we have available for zoom is even if you um are just calling in and you’re not actually using the internet you’re just listening to us on the phone right now you’ll be able to raise your hand so what i wanted to do was try to see if everybody could at least try to raise your hand so if you’re on the computer you’re gonna see a little hand icon at the bottom of the screen and so if you can see that you can click on it go ahead i won’t hold you asking any questions right now obviously and if you’re just calling in on the phone if you want to type star 9 into your phone that’s going to allow you to raise your hand on your phone so for anybody not familiar and zoom this is how we’re going to be asking you to be able to speak your question aloud so we’re going to handle the questions that come in in the question box first and then we’ll get to people who might want to ask a follow-up question or might feel more comfortable or asking that question aloud so i’m going to go

ahead and lower your hands right now if you have any issues with what you’re hearing or things like that also feel free to put that in the question box and we’ll try to get to it so i’m going to lower all your hands so thank you very much for participating in that and i’m going to pass it over to erin right now so panel members if you guys want to turn your videos off for the presentation part that’s fine i’ll ask you to turn those back on once aaron’s done with her presentation so erin you can go ahead and share your screen whenever you are ready thanks jen uh so good evening everyone my name is aaron ryan and i’m the lead enforcement specialist for uh this case in the legal settlement with marathon and i’m also one of multiple aqd staff that has been involved in this case so first in this presentation i’m going to start with an overview of the air quality division and the enforcement process and after that i will talk about the proposed consent order so we all know that pollution comes from many things such as big farms fuel burning vehicles and various industrial sources the overall mission of the air quality division is to protect public health in the environment the aqd has the authority to do this by regulating industrial sources so the aqd is separated into different functions for example air quality stuff monitor levels of air pollutants look at different toxics to make sure public health is protected conduct inspections of regulated facilities and we also review applications and write permits for sources of air pollutants to ensure the operations comply with our rules and regulations enforcement falls under the realm of checking for compliance with the rules and products so in this slide i’d like to give you a simple overview of the steps of the enforcement process what we call escalated enforcement is a legal process by which a company is able to resolve violations with the state of michigan this is a flow chart and it shows steps of the enforcement process so first a district inspector selects and then visits a company to make sure the company is following the state and federal rules and regulations and also the conditions of their permit a district inspector can also request and review a company’s records the inspector then evaluates their findings during the inspection or records review if the inspector finds a violation then a violation notice is sent to the company to officially let them know that the akd has found violations and also to give the company a chance to resolve the violations if the company is not able to resolve the violations in a timely manner if there are multiple and or ongoing violations or if the violation is what is called a high priority violation the district may send or escalate these violations to enforcement once the enforcement unit and that is where i iwork receives the escalated enforcement referral from the district office we send an enforcement notice to the company this enforcement notice lets the company know that the violations that the district staff cited in the violation notice will need to be resolved through the legal enforcement process next the enforcement and district staff meet with the company to discuss how the violations will be resolved through the legal process in case such as this one with marathon the legal agreement is called a consent order uh once aqd staff and the company agree on the terms and conditions of the consent order the consent order is posted online for a public notice and comment period and this is where we are now in the process the akd holds a public hearing if one is requested or if the case or company is high profile for this case with marathon we will be holding a public hearing along with another information session before the public hearing on september 2nd at the public hearing aqd will take official and on the record comments after the public hearing the aqd addresses all substantive comments from the public if there is demand from the public on an item that the aqd is able to change in the consent order aqd may go back to the company and propose changes to the consent order if no changes can or will be made the company and aqd sign the consent order and then the company is legally required to complete the requirements of the consent order so next i’d like to talk about what the goals of aqd’s enforcement program are first enforcement ensures that state and federal rules and regulations are met to hold

violators accountable if a company violates the rules and regulations that eagle and aqd are authorized to enforce then enforcement can be used as a tool to bring the company back into compliance second enforcement serves to level the playing field this ensures that similar businesses are doing similar compliance actions at their facilities by investing in environmental compliance a company should be allowed to gain an economic advantage by not complying with the rules which may allow them to for example sell their product at a better price or avoid costs of environmental compliance such as purchasing air pollution control equipment third enforcement serves to create a deterrent effect to the regulated community any company that creates air emissions must follow the relevant rules and regulations if these rules and regulations are broken then eagles enforcement divisions can enforce legal actions and fines so these previous points that i just discussed all work together to compel compliance in the regulated community compliance with the rules and regulations is key in protecting public health and the environment so when can enforcement happen there are multiple ways that violations can end up being escalated to enforcement our district staff are key in monitoring compliance throughout the state district staff travel to companies and conduct inspections any violation observed during an inspection is documented district staff also respond to complaints received by members of the community and can find and cite violations as a result of a complaint district staff review test plans and results monitoring record keeping and reporting requirements to check for violations in the case with marathon air quality staff found violations as a result of reviewing test results by observing violations during inspections at the facility and also from investigating citizen complaints lastly a company can end up in enforcement by failing to meet their permit requirements or by failing to meet deadlines to come into compliance so now i will answer some specific questions about the enforcement process first what is escalated enforcement uh escalated enforcement is the legal process that we use to resolve the violations that were cited and sent to escalated enforcement what is a consent order a consent order is a legally binding contract between the company and the state it contains a compliance program to resolve alleged air quality violations and prevent future violations contains a monetary fine and contains stipulated fines for any future violations of the consent order a consent order resolves all outstanding violations through the implementation of the compliance plan once a company achieves compliance with the compliance program that is written in the consent order aqd considers the violations to have been resolved and 90 of the violations that are escalated to enforcement are resolved through a consent order so now i’m going to move um to a discussion of the current settlement this slide outlines a summary of the different parts of marathon’s proposed consent order and i’m going to go into more detail about these points in the coming presentation slides so to give an overall picture this proposed consent order identifies the violations that aqd found at marathon the proposed consent order contains a compliance program which marathon will be required to follow the total settlement settlement amount that marathon will pay is 363 thousand eight hundred and fifty three dollars marathon will be required to pay a penalty of eighty one thousand eight hundred and fifty three dollars to the state of michigan general fund within 30 days of when the proposed consent order becomes effective marathon will also be required to complete two supplemental environmental projects and spend a total of 282 thousand dollars on these projects the consent order also includes stipulated fines for any violations of this proposed consent order so this map shows the locations of the different parts of marathon’s facility in detroit and melvindale so the labels here show the locations oops sorry show the locations of the units that are subject to this proposed consent order uh here you can see the locations of the asphalt tank farm the cooker flare the fluid catalytic cracking unit and also the crude vacuum heater and the yellow highway that you can see running from the top right to the bottom left of the map is i-75

so next i will talk about marathons violations that we will be resolving in this proposed consent order this slide includes a summary of the violations and then in the following slides i’ll go into more detail about each violation so overall marathon exceeded particulate matter and hydrogen sulfide emission limits they exceeded visible emission limits operated certain equipment and had three instances of odor violations which caused unreasonable interference with comfortable enjoyment of life and property so the first violations i will talk about are the emission limit violations uh marathon exceeded the particulate matter emission limit for two pieces of equipment the crude vacuum heater and the coker heater these particular particulate matter emission limits are measured during performance tests which are also called stack tests while the test result from the crude vacuum heater was a confirmed emission exceedance the reading for the particulate matter emission exceedance from the coker heater was due to outside contamination during the sample collection investigations after the test determined that this test was atypical marathon also exceeded the permitted hydrogen sulfide emission limit from the heaters in this equipment hydrogen sulfide is measured by a continuous emission monitoring system marathon exceeded the hydrogen sulfide emission limit for three consecutive hours on october 18th 18 2017. marathon also exceeded the visible emission limit from the fluid catalytic cracking unit this limit was exceeded multiple times in october and november of 2018 so next i’m going to move into marathons violations for improper equipment operation first continuous monitoring is required to monitor the hydrogen sulfide level in the refinery gas from the flares marathon filled to continuously monitored two flares the unifiner flare and the coker flare during the third quarter of 2018 second marathon failed to maintain the minimum inlet velocity to the primary internal cyclones of the fluid catalytic cracking unit maintaining velocity in this unit is important to prevent visible emissions exceedences lastly marathon failed to properly combust gas is vented to the cochran flare gases vented to the coker flare are required to be properly combusted in order to reduce emissions of hazardous air pollutants so now i will discuss the nuisance odor violations that we will be resolving through the proposed consent order um akd alleges that on three occasions marathon caused unreasonable interference with the comfortable enjoyment of life and property so first i’m going to talk about the odors in the november 25th and december 15th of 2019 and on the next slide i’m going to go into more detail about the february 2nd through third of 2019 incident so on november 25th of 2019 asphalt odors were detected beyond marathon’s property line these nuisance odors were caused by high tank temperatures during asphalt barge loading on december 15 of 2019 sewage sludge odors were detected beyond marathon’s property line these nuisance orders were due to the loss of nitrification of the membrane bioreactor at marathon’s waste water treatment facility so now i will go into more detail about the incident that occurred on february 2nd and 3rd of 2019 on these dates sulfur odors were detected beyond marathon’s property line aqd initially focused on the coker flare system but upon further investigation a broken pipe was discovered at the gas concentration unit during normal conditions steam is used to heat gas lines in this system due to the polar vortex conditions at the time of this incident the units providing steam were shut down due to freeze-ups the shutdown and turned in turn caused what is called a dead leg or a low point in a pipe to accumulate water and eventually freeze this is what is shown on the picture in the slide the accumulating ice eventually caused the pipe to burst therefore allowing gas to escape this included hydrogen sulfide which caused the odors additionally when the gas recovery system was shut off to help get this issue under control another malfunction caused additional odors when the gas recovery system was shut

off the gas was rerouted to the coker flare to be burned a plugged drain line and the coker flare increased the pressure of the gas routed to the flare this resulted in the breach of a molecular seal in the equipment and this resulted in the release of hydrogen sulfide and also mercaptans which are an odorous gas monitoring of this incident showed that no air quality standards were exceeded but community residents did experience significant effects from the odors the odor threshold for hydrogen sulfide is very low meaning that even at low concentrations the odor from this gas can be noticeable offensive or cause odor related health effects such as those reported by community members so the proposed consent order requires marathon to follow a compliance program which i’m going to go over in the next few slides so to address the violations and prevent future violations from happening marathon must comply with their permanent limits and relevant rules this includes the following items first marathon must comply with rule 901 this is michigan’s nuisance odor rule that says any source of air emissions shall not cause unreasonable interference with the comfortable enjoyment of life and property marathon must also operate the coker flare in compliance with rule 910 which states that an air cleaning device must be installed maintained and operated in a satisfactory manner and in accordance with the air pollution control rules and law marathon must also comply with the particulate matter hydrogen sulfide and visible emission limits in their permit for the pieces of equipment that were at the source of the violations also marathon must comply with the specific conditions of the permit that were violated this includes complying with the startup shutdown and malfunction plan for the fluid catalytic cracking unit properly operating the continuous emission monitoring system for the unifiner flare and the coker flare which monitors and records the hydrogen sulfide level in the refinery gas burned up these flares and comply with the requirements that were violated for flare control devices in this instance for the coker flare so continuing two of the alleged violations were the result of failed performance tests for a particular matter on the crude vacuum heater and the coker heater as i addressed in the previous slide to address these violations marathon must comply with the particulate matter emission limit for both of these flares or sorry heaters for all performance tests marathon must submit and implement a test plan that will be reviewed and approved by aqd if any of the test plans are insufficient aqd will request that marathon make changes before the plan will be approved for the crude vacuum heater marathon will be required to conduct two annual performance tests demonstrating compliance with the particulate matter admission limit once marathon demonstrates compliance with the particulate matter emission limit in two consecutive tests they can return to the frequency of testing required in their for the co-repeater marathon will test for compliance with the particular matter emission luna upon any request from aqd so marathon must also update implement and or develop multiple plans or procedures each of these plans and procedures will be reviewed by the aqd for approval if any plan or procedure is insufficient eqd will request that marathon make changes before a plan is approved in this slide and also in the next slide i’ll give an overview of each of the plans and procedures that we’re requiring under the proposed consent order first marathon will implement the activities involving online equipment risk assessment checklist and approvals form this will help marathon better run their operations to prevent excess particulate matter emissions will submit a preventative maintenance plan for the crude vacuum heater and the coker heater this will also help prevent excess particulate matter emissions marathon will also develop and implement a refining maintenance procedure for performing preventative maintenance on electrical equipment marathon will update and submit a startup shutdown and malfunction plan plan for the fluid catalytic crackling unit this will minimize the time in which this unit operates on internal circulation or hot standby to visibot to sorry minimize visible emissions acceptances during startup and shutdown also a marathon will submit a plan to

minimize analyzer downtime and so2 emissions during steam outs before the next planned maintenance period that will require steam outs this will also minimize the time in which marathon is not able to continuously monitor hydrogen sulfide emissions through the continuous emission monitoring system marathon will submit an updated operations procedure for the coker flare including a weekly verification that of proper operation of the molecular steel drain daily verification that the molecular seal drain is operating properly during temperatures below freezing and a winterization plan they will also develop and submit a post-incident community air monitoring and response plan including procedures for determining when post-incident community air sampling is conducted the radius of the monitored area the data to be collected the parameters to be measured when further communication or action may be necessary to respond to an instant as well as reporting results to the aqd and communicating results and information to the public marathon will also develop a refinery-wide winterization plan including procedures for mitigating the effects of a loss of refinery steam supply once the proposed consent order is effective aqd will monitor compliance with each of the compliance items that i have covered and if aqd finds that marathon is not following the compliance plan following the compliance plan marathon will be liable for stipulated fines so since this case was escalated to enforcement in january of 2018 marathon has completed items that were previously required under the proposed consent order because these items were properly completed and verified by aqd they were removed from the proposed consent order so this includes between august of 2017 and october of 2019 marathon conducted six separate performance tests on the crude vacuum heater each of these tests showed that marathon was in compliance with the particulate matter emission limit for the crude vacuum heater marathon also passed a performance test on the coker heater in december of 2018 this test showed that marathon was in compliance with the particulate matter emission limit for the coker heater marathon also installed a pressure transmitter in the coker flare this pressure transmitter is capable of determining whether liquid is accumulating in the molecular seal this will minimize the occurrence of another malfunction that could lead to an emissions or odor incident marathon also repaired the regulator on the natural gas feed to the auxiliary burner in the fluid catalytic cracking unit this will help keep the proper operating velocity in the fluid catalytic cracking unit and therefore will therefore help prevent visible emission exceedances so next i will talk about marathon’s penalty the aqd uses epa’s penalty policy to calculate monetary penalties michigan’s supplemental environmental project policy also plays a role in this penalty calculation the epa’s penalty policy lays out what the fine amount should be for each violation and then those amounts are added up the policy considers the actual or possible harm to the environment or public health and the importance to achieving the goals of the clean air act and michigan’s air pollution control rules to calculate the penalty the policy evaluates the amount of pollutants that are emitted over the allowed permitted levels the sensitivity of the environment the toxicity of the pollutants the length of the violations and the size of the violator in this case eqd also considered the quality of the supplemental environmental projects so once these appropriate factors were determined an initial penalty amount was calculated from the penalty policy that initial calculated penalty was offered to marathon and then we came to a final settlement factors such as litigation risk the company’s willingness to cooperate to resolve the violations and marathon’s history of non-compliance were taken into account in determining this final settlement amount any company in enforcement also has the right to present additional factual information about the alleged violations that aqd can take into consideration when ultimately determining the final penalty when completing a supplemental environmental project any company who does this does get a mitigation credit from their penalty but ultimately pays more money than if

they were to settle without doing um an environmental project so in this case if marathon were sent to simply settle the case without doing a supplemental environmental project the final penalty would be 275 thousand dollars and all of this money will go to the state of michigan general fund however since marathon chose to do two supplemental environmental projects they will ultimately be paying three hundred and sixty three thousand eight hundred and fifty three dollars which is more than the final penalty a marathon will be required under this proposed consent owner to spend at least 282 thousand dollars for the supplemental environmental projects because marathon is doing these projects the michigan supplemental environmental project policy allowed them to receive the mitigation credit towards the initial penalty this is why the penalty that is going to the general fund is 81 853 the result of the supplemental environmental projects is that more money is now going to the benefit of the community that would have otherwise gone to the general fund so for the final topic of the night i’m going to talk about the two supplemental environmental projects that marathon is going to complete as part as part of this proposed consent order so first what is a supplemental environmental project this is an environmental or public health project that company volunteers to do as part of a consent order the project must go above and beyond what is required by law and provide added benefits to the community or environment that has been affected by the violations for the first project marathon will spend at least hundred and twenty six thousand dollars to retrofit an existing hair air handling system at the mark twain school for scholars located at twelve eight hundred viscera street in detroit the retrofit will include air conditioning enhanced air filtration and air purification using photo hydro ionization marathon will also pay for replacement filters and cells for the length of the proposed consent order which is five years this project will improve indoor air quality for the children and employees at the school for the second project marathon will spend 56 thousand dollars to provide an online platform that will allow the public to see real-time data of the air quality at the perimeter of marathons refinery this platform will allow the public to see data for carbon monoxide particulate matter sulfur dioxide total reduced sulfur and volatile organic compounds on the detroit refinery community website so this is a map of the location of the supplemental environmental project of mark twain on the left is a zoomed out map of the area the small highlighted point is the location of the environmental project which is at the school you can see a marathon in the center of the map and on the right is a picture of mark twain school which is located to the east of i-75 and marathon so um and we know there’s interest for when these projects will begin so as detailed out in the project proposals there are multiple steps to be completed before the air filtration system is up and running first a detailed engineering study must be completed and this will happen on or before september 30th of this year so this part of the project is going to take some time to complete the school was built mostly in the 1950s and there are no blueprint blueprints or drawings for the existing air handling systems so for this reason marathon has to hire a contractor to map the existing system before they are able to exert determine what exact equipment they need to order and also before they begin modifying the system so after that engineering study is completed uh the orders for all equipment will be placed on or before october 31st of this year um the wait time to receive this equipment is from the order is a few months after that equipment is received then construction will begin and the mechanical completion and startup of the air filtration system will happen on or before august 31st of 2021 again once the air filtration system is up and running marathon will play for replacement filters and the photo hydroionization cells for the duration of the proposed consent order which is five years and for the second project the online platform um this site is to be fully operationable operational and available to the pub to the community by december 31st

of this year so that is my last talking point of the evening so i’m going to turn it back over to jen for the question and answer session all right thanks a lot aaron i appreciate that so we’re going to go ahead and just talk again about how to ask a question we do have some questions in already so that’s great and if my panelists could turn their cameras on that would also be wonderful so just wanted to go over this one more time in case people had come in late and we do have at least one person that’s only called in so i just want to make sure everybody knows how to ask the questions when they need to so if you are submitting your question in writing that is great we’re going to get to those questions first you can go ahead and just send those into your um question and answer box which will be on the bottom of your screen if you really feel like you want to voice your question aloud after we get to the written questions we will go ahead and um have you raise your hand and then we’ll unmute you your line and you’ll be able to speak if you are calling in you’re going to just hit star 9 on your phone and that will raise your hand and we’ll unmute you and what we’ll probably do for those is we’re going to read off the last four digits of your telephone number so just make sure you know what those are i know sometimes with my cell phone when people ask me my phone number i’m like what is it again because i don’t call myself very often all right so we’re at your question and answer and i apologize for repeating that joe just to go over again for anybody who might have been here a little bit late we do have our panel so you just heard from aaron moran she’s in our enforcement union unit so she’ll be answering questions related to a lot of the topics that she just talked about if you have questions specifically about marathon how they’re inspected that kind of thing um george acevedo is our inspector and he’s in our detroit district office keisha williams is in our toxics unit so she would be able to talk a little bit about things like that um susan kilmer works in our air monitoring unit and so she would be able to talk about things related to outdoor air quality monitoring in the area around marathon and projects and things like that that we’ve done in that area erica wolfe works in our state implementation plan unit so she would be able to talk about things like non-attainment rules um stuff like that that you guys might have questions about so i will get to some of these questions so one of the first questions that we got today and i appreciate this question from you senator chang appreciate you being on the line today as well is the question was will the slides be emailed to everybody and yes definitely as a follow-up to this meeting if you registered and you submitted a email address that works we will send you a follow-up email that will include a pdf of the slides we presented tonight as well as a link to the um recording of the meeting and just to let you know about that recording we do send that out to be transcribed so if you know someone who it has english as a second language but maybe reads in arabic or spanish once that is transcribed youtube will allow that to be translated at least visually in writing on the screen so if that’s helpful and you know anybody that you would like to share that with that maybe wasn’t able to participate tonight that would be great so the first question aaron is going to go to you and this question is regarding the violations and the consent order so the question was why would we take more than one violation and roll it into only one consent agreement why aren’t those handled separately so if you could talk a little bit about that that would be great sure um so the reason i’ll be role the violations into one consent order is to yes provide one settlement for the company um you know each every time we um work through a consent order with the company as you see in this case it takes some time so i guess piecemealing each violation into a different consent order um it i think it becomes confusing for kind of everyone involved to know you know which one goes where so when we can um settle the violation through one consent order um we can you know incorporate all the violations together and have one plan for the company to follow to make sure that they’re coming back into compliance um so i know one of the questions that we’ve received is you know why has this settlement agreement taken so long that’s because as we were going through the course of um working through this consent order um we were finding more violations in the um you know at marathon so um our you know our policy and our program is to continue to roll these violations into one consent order so that we can

um i settle it at once okay thank you another question related to the supplemental environmental projects so one thing that i know you didn’t really talk about but we did get a question on in on was how did we determine what supplemental environmental projects marathon was going to do so could you talk a little bit about the work that marathon did with the community to kind of formulate those projects and then how the approval process works as far as when they are interacting with you and the enforcement staff on whether those would be approvable or not sure so um anytime a company enforcement um wants to do a supplemental environmental project it’s up to them to develop the project and bring it to us so um as long as the project you know kind of follows the guidelines in our supplemental environmental project policy and it’s a good project um you know and it’s in the right area we are going to approve it now um i know that marathon did have a few meetings with the community you know they went out and looked to see what the community wanted so i do know that they consulted with multiple stakeholders in the development of these projects some of the ones i was told was marathons community advisory pencil panel community representatives from 48217 representatives from detroit city council detroit public schools and the sierra club so um i think the way this project came into fruition was you know asking what the community wanted so um i think initially there are a few projects but there’s you know so much money to delegate around to the different projects um and so these projects here were ones that the community was interested in they’re ultimately the projects that marathon finally proposed to us so you know we looked at these projects and rated them you know with the supplemental environmental project policy and approved the projects okay i’m not sure if i answered no i think so and if we can always do a follow-up if we need to on that as well um and i’m going to give you a break for a second because he’s this next one’s going to go to susan so susan this is i’m going to kind of give you a multi-part questions i’m going to put a couple of these into one you know how i like to do that to you so um i think a lot of the people that are listening are familiar with the fact that marathon has their own air monitoring equipment around the perimeter of the facility so a couple questions came in related to that the first one was um what are the locations of the air monitors that actually feed into our aqi or our air quality index our system for eagle and then the second part of that is their way to incorporate marathons data into that my air portal so if you could talk a little bit about that that would be i’d really appreciate it sure so eagle does have several air monitoring stations that are near marathon that feed into our website where you can see that air quality index of real-time air pollution and those stations are in dearborn we have a station in 48217 at new mount hermon church we have one at trinity st marks which is on west fort street near woodmere one that is close to the former southwestern high school we have one that’s located in military park again this is in delray a little bit north and then one at the detroit precinct uh detroit fourth precinct facility um so there’s i guess seven six or seven different monitors in the area that that are feeding into the real-time air quality website and that would show and post that air quality index for marathon they as you said they do have four perimeter air monitoring stations as they call them three of those stations are on the property of marathon and three of them um are kind of labeled this way one is called one north and that is by oakwood another one is called two west that’s located on shaffer and dix again but still on marathon’s property one is called four east and that is again on their property but it’s along 4th street by pleasant and then the fourth air monitoring station that is operated by marathon but it’s actually by a

contractor that’s hired by marathon is located at the mark twain school off fort street to the south so those four um are operated by the contractor that is hired by marathon part of the question also was can the data from marathon station feed into our website um i think logistically we’re not really able to do that at this time but as part of the supplemental environmental project they will be posting the data from these four monitoring stations on their own marathon website so it’s my understanding we’ll be able to see their data in real time and that’s that’s a new thing and i think that’ll be useful to the community as well as to eagle so it won’t be incorporated with ours but it will at least be visually available in more of a real-time setting that’s our understanding so thinking about this as you were talking about where the monitors are i know we have a map of this and i know i can’t find it like that like i would like to it was silly to not have it so i apologize um what i’ll do is i will just add that on to the things that we send to all of you after this we’ll send you a link to the aqi where you can see those monitors on a map decently and then we’ll also send you the map that includes the marathon ones because i know we have that and i apologize my dog is drinking very loudly in the background right now so if you can hear that i apologize yep and i i can send that to you john okay perfect that would be great susan i’d like to put that all in one email together to folks so this question goes back to aaron aaron i think you mentioned this but i guess i just want to make sure that we’re being very clear about it um you had mentioned that marathon would be responsible for the long-term maintenance of the air filtration system at mark twain so can you just talk a little bit again about how long that maintenance period will be and then um this wasn’t asked but i think it’s kind of inferred what happens after that if you know and you might not have an answer to that question so um you know the the system is going to be put in and one of the things that we worked out in this agreement was that marathon would pay for the replacement of um the filters and the cells which need to be replaced between every six months and i think a year or two um and so that is going to last through the duration of the consent order which is five years so there will be a few replacements for that um as for after that that is something that we did take into account um when um you know working through this project and so we did involve the detroit public schools and some people from there because we wanted to make sure that the torrey public schools and this school could maintain and pay for this air filtration system into the future so um we did get that support um if you’re you know looking at through the packet of information that is online we do have a letter of support from the detroit public schools superintendent that is a letter of support for this project so um the message that we got from the school is that they will be able to maintain this you know air filtration system into the future okay so in related to that um not specifically related to that but related to air filtration system at school so the the comment was it’s kind of a comment question um and it says the infiltration project is only being done at one of the school which might be one of the further ones further away from marathon than some other ones so was there any talk about implementing a system like this to in all the schools around marathon or schools that were are closer to marathon do you have any information about that at all erin um as far as the development of this project you know eagle and nqed can’t direct you know what project that is going to happen or where the funds will go so that has to come to us from the company and from marathon so um i mean when they talked with the community this is the school that they came up with i’m not sure um on our end if other schools were discussed um but you know it’s possible in the future you know if this air filtration system works um you know it’s possible to look through hopefully to look at this project as a model and something that may be able to go into um schools in the future as well and that’s what we’re hoping is that this is a good project that the community likes and will provide a good benefit for yeah that’s a really good point um peer pressure is a good thing sometimes and i think that could be a little bit used in in this case definitely if it if it works out um other people might want to hop on

board with that and um this kind of leads into this next question oh yeah go ahead sure um so i think you know as you can see in this project as well it’s a pretty costly project so um you know if you’re going to do this in every school it’s gonna you know rack up a lot of dollars so i think starting with one school is you know what is able to be done through this project yeah and then how can we assess whether and when i say we i don’t necessarily mean eagle and this kind of goes to that next question is how is there going to be any sort of assessment done on students so keisha i don’t know if you could talk a little bit about this and just because i think maybe you might have heard some ramblings or some talk about this but the question was whether or not there’s any community health studies that are planned to monitor the students or employees health at mark twain before and after the installation and you might not necessarily know specifically about that but if you’ve heard anything um that you’d be willing to speak on i think that’s a great question i haven’t heard anything um to the best of my knowledge i’m not sure if that’s being planned that’s a really great question yeah and we could you know that’s something that we can try to follow up on as well and um this next question is also for you the question is asking um you know is there gonna be any and it kind of goes along with the health study but they’re asking more of a is there any analysis of the commun cumulative effects of the emissions in the area rather than the individual monitoring so i know we’ve done the 48217 monitoring so i don’t know if you can talk a little bit about that and anything else that you think might be valuable yeah there have been a few studies that look at cumulative exposure risk and so this is looking at the pollutants that someone might breathe and considering how they might be considered together not individually that sort of thing so very much at the heart of that question at the same time it may not be the cumulative impact assessment that some think of in regards to as all types of stressors in terms of pollutant stressors as well as non-pollutant stressors things like racial disparities or income inequalities but the cumulative exposure risk assessments that have been done include things like the 48217 report that looked at um pollutants that were being monitored in the zip code at a community driven air monitoring site there have also been reports done at the national level that include zip code and local specific information things like the national air toxics assessment and then there’s information that is being monitored and more of a combined pollutant type of way at marathon as well and so an example of that would be like the total reduced sulfur where it’s not just looking at one pollutant it’s not just looking at hydrogen sulfide but it’s looking at hydrogen sulfide and other sulfur-containing pollutants like mercaptans and so as far as cumulative exposure assessments there have been a few that have been done in in the area that give us an idea of the air quality so as a follow-up to that would you be okay with people contacting you if they wanted information or links to these specific studies that you just kind of mentioned awesome so we’ll be ch we’ll be sharing contact information for all the panelists at the end of the day today um there was another question that was kind of in that question but is more related to something that susan i think might be able to answer and susan i apologize if you answered this and i’m asking you again but i just want to make sure that we do answer it again for clarity so the question was is marathon monitoring for pm10 only pm 2.5 only or for both of those yeah that’s a good question yeah i do know um so the perimeter monitoring that’s being done by marathon’s contractor um they are monitoring for pm10 so it’s that size fraction and it’s being monitored continuously so 24 7 they’re reading numbers at our nearby eagle sites we are doing a fair amount of pm 2.5 monitoring some of that is in real time some is some of that is filter-based where the filter actually has to go to a laboratory and then we do have a site in dearborn that is monitoring pm10 continuously 24 7 and then we have a monitoring site at the former southwestern high school

location where that is measuring pm10 but it’s on a filter and it goes to a lab and so that’s every six days so the eagle sites we have kind of a combination of some pm10 sampling but a lot of pm 2.5 whereas the marathon sites are pm10 okay i knew you would know the answer to that so i’m glad i’m glad you’re here tonight because i wouldn’t have been able to remember all those um erin this question is going back to you so there was a question about whether or not a specific violation was included in this consent order and it was an incident that happened september 12 2019 and um the asker did not see that in the consent list of violations in the consent agreement the proposed consent order could you speak to that if that one is actually in there and we missed it or if it’s not in there and if so if and it’s not if and it’s not that is not a word maybe not not up here anyway if it’s not why isn’t it included there so um i think i’ll give what i think and then i’ll probably call on george for um some backup so um if i remember correctly that incident was the one where marathon employees were evacuated from the facility if that’s the one i’m remembering um i think from what i know we did not i think find necessarily find air quality violations or write a violation notice for that but george if you have anything to add that might be helpful yeah aaron uh so um that particular incident that occurred in september of 2019 with with regards to the vapor league so we did have sort of an indirect violation that was cited because you know once the vapor leak occurred there was a shutdown that happened right after and then during startup of the fluidized uh catalytic cracking unit there was an uh process violation and so the violation really goes back to the the cyclone and the inlet velocity and so this is the one violation that we resolve by this one was resolved by getting the new regulator in the fccu for the to make sure that the uh the airflow and the the cyclone was meeting the inlet velocity okay go ahead for that um well that violation didn’t result i think in a violation notice if that’s correct george um you know we do have provisions for the inlet velocity and the fluid catalytic cracking unit within the consent order so you’re going to have to um you know run that unit correctly basically under this proposed consent order did you have anything else you wanted to add to that george no that was good okay all right i just wanted to make sure you guys felt like you were answering that question and if that wasn’t clear um then please let us know in the question box there um okay so this question this is a good question and i don’t know if you can speak to this aaron or not but the question is the air filtration air purification and air conditioning units that were chosen by marathon how do we know that this was the best available technology and will give the maximum protection to clean the air at the school was there any sort of justification that marathon gave us when they were presenting this to us that might have provided some of that information sure so i mean while i’m not an expert on error handling units or air conditioning units um from what we you know have discussed while um you know going through the proposing of this project and what um you know is in the project description it is a significant upgrade from what the school um currently has so um right now the air filtration system is from 1950 um it provides heating in the winter but there’s no air conditioning in the summer um so i’m i think that probably means you know in the summer you know when it’s hot out you know the windows are open and that means that you know particulate matter and anything else that’s in the outside air is gonna come inside um so i’m just looking here at the project description um right now the filters currently installed are called um so let me let me back up a bit there’s different levels of filters and they’re called merv merv filters i found that wikipedia has a

pretty good description of what these filters are um and you know the higher the number um of the filter the better they are you know filtering out particles so currently the school has merv 4 filters and that has a less than 20 percent um efficiency and a resistance rating which i believe is you know how much it captures the particles that’s 75 to 80 percent um okay sorry it’s a measure of the ability of an air filtration device to remove dust from the air and so the filtration system that they’re putting in is a two-stage system so there’s going to be a filter on the fresh air intake that is going to use a merv 8 filter so that’s a higher number than the current filter so um there’s going to be i’m up you can see my hands the air is going to be coming in through this filter first and that is going to be the initial filter and that has the a resistance rating of greater than 90 percent and then there will also be a second stage filter on the other side of that that uses a mr 12 13 and that will remove 95 of the airborne particles um in the sub-micron range and has 70-75 efficiency um so that’s already um you know a better technology than the current filters that the school has um also um they’re installing this photo hydroionization system and so what this system is supposed to do is it uses uv light um to react with a sort of metallic plate on in this device and that i guess to chemistry is going to um i guess remove any you know microbes bacteria viruses in the air and and odors and mold hopefully and clean the air um better to provide better indoor air quality um for you know the students and workers so so aaron follow-up question to what you’re describing because i’m kind of picturing it in my head but my question is um as part of the supplemental environmental project that marathon submitted to us was there a diagram like you’re describing that could be shared either is already shared maybe it’s already on the website with the rest of the documentation or once the proposed consent order becomes final would that be something that would be would that we would be able to share so for people who are really interested in sort of the science of how this filtration system is supposed to work they could look like actually look at a diagram of it is that available or no right now we don’t have something available like that but that’s a good idea i think that’s something um that if we go back to marathon they might be able to provide us something like that so i’ll take that note and see if we can come up with something and then add it to the materials on the website i think that’s a good idea because i think some of these things i mean obviously i mean maybe there is an hvac expert listening right now but most of us probably are not so seeing something like that and kind of being able to visualize how it might work at the school um i think is really important and um yeah so when we get that people that are online will either share it and send you an email and let you know that it’s there or we’ll send you a link to it if we can get something like that for sure so aaron i didn’t mean to cut you off i apologize if you had something else to add but i just was kind of thinking that might be a valuable information for people okay awesome all right so this question is going to go to you george um it says the odors have been a problem for a really long time and it’s rare that marathon is held accountable is there a common thread that you have seen between all the odor violations is it human error is it equipment malfunctioning is it a specific piece of equipment um can you just talk a little bit about that for me please yeah so so for the so for odors and under the state rules we call it the nuisance rules or rule 901 um so you know there’s a variety of reasons why you know odors occur it could be human error um you know equipment malfunctioning um it just really depends on the situation i don’t know if we have like data to back up that you know one thing causes the most odors but um but from a field perspective i mean we you know we take in older complaints um you know we have the peace line now that the people can call um during the off hours or during the weekends and so we sort of when we get those we try to get

to them as soon as possible you know it’s not always logistically possible that we that we go investigate the orders just because of um you know we might not we not might we might not be available at that time but when we go out and investigate orders usually we’re looking at the intensity the duration the frequency to figure out whether that incident or a group of incidents uh contribute to a nuisance violation so as far as like and you know we sometimes we get the complaint that oh i’m driving by uh the bridge i’m driving over the bridge and it smells um legally it’s it’s hard for us to cite a company based on someone driving by the driving by the facility so it has to be an odor where you’re encountering at your house or you’re encountering at your place of business and for us uh you know to to cite a company we have to physically observe it um so that’s why we encourage people to call us or keep a log so that if if you’re noticing a particular order you know we can maybe look at that data of your log to determine whether there’s a pattern um but you know it’s i know it’s frustrating for the public when they call us and we’re not able to get out there or we get out there and the odor stops or whatever but i mean we do encourage people to call us and uh to continue to call us if there are issues yeah i think it’s from being an inspector i can concur with you on if there’s nothing more frustrating for a resident to be experiencing odor issues and not be able to figure out where it’s coming from and have to keep calling but it really is the best way to for us to be able to hold the company accountable for odor issues that they’re causing is that um duration intensity and frequency of those odors so i don’t know at least based on what you said george that there isn’t a su like one common factor in all of that but um we have the rule 901 for a reason and it’s just a little bit more challenging sometimes for us to implement um this is a great question and this one’s going to go to you aaron the question is is it under eagle’s purview to decide to give the monetary fine back to the community rather than it going into the general fund so we do get asked that question a lot it’s a really really good question so if you can speak to that a minute i’d appreciate it i mean i think as i’ve you know said a few times before um you know it’s up to the company whether or not they want to pursue a supplemental environmental project um you know eagle and aqd we encourage these projects um you know i think we’d like the money to go back to the community now what’s written in our you know laws and statutes is that unless there’s a supplemental environmental project the money has to go to the um general fund um so yeah we i mean we like supplemental environmental projects we want to promote them as much as possible but we aren’t able to um you know demand or force the company to do these projects to put the money back into the community so we have a few more questions here um i wanted to get to one there was one good one but i feel like we might not have though quite the right people on our panel at this point to answer the question fully but i’m going to just read it and i think we might have to get back to you on the start of this one so this part is the one that i’m not sure maybe someone can talk to this a little bit and if one of the panel members feels very comfortable um that’s fine let me know but i think we might have to um get our expert in to kind of talk about the frequency of this so the question was that um we had mentioned a thermal inversion happening with that one of the with the polar voice stuff going on so question was i was wondering if you are seeing thermal inversion issues increasing across the state related to air quality violations and if there’s any way to address this directly in the consent order or changes to a permit so that’s a really good question does anybody feel like they have the expertise to be able to answer that i know we have people in our office but i don’t know if we have them online right now with us okay i kind of thought that we’ll try to answer that question maybe we’ll get an answer and include it in that follow-up email because that is a really really good question um a couple other ones coming in i appreciate it here i wanna this is a longer one so i’m going to um this is actually kind of

more of a comment one of our attendees that’s on says eagle works closely with epa in the city of detroit if there’s problems at the refinery epa emerging emergency response eagle and detroit homeland security will respond to ensure protection of the community so that’s a comment that was put in by one of our attendees here this is another this is a comment i think about the photo hydro ionization so it says i’ve received some information from someone with expertise regarding the photo hydro ionization there is no peer review literature recommendation from a s h r e a maybe you say that ashrae epa or anyone credible about this system which is about eighteen thousand dollars in the set budget some of these systems are actually harmful as they produce new chemicals these systems have been used to kill pathogens on food but similar systems have produced ozone pm odors and other problems it is unclear what if anything the system would do given the potential light vocs and other vocs that might be at higher concentrations in this area due to the tank farm in the refinery emissions so thank you so much for that comment we appreciate it and um aaron i will just make sure that aaron you get that specifically so that you can pass that forward to those who need to hear it so that is all of the questions that i have right now at least in writing so i was going to open that up to anybody who would like to raise their hand um i did still want to talk to people about um when we’re going to be having the actual informational session and public hearing and how you can submit a comment but i wanted to make sure if people did have other questions they wanted to raise their hands to speak out loud and we do have one question so ms landrum hold on one second and i will unmute your line here i you should be unmuted so whenever you would like to ask your question go right ahead i wanted to know since it was said that it must go into the general fund is that written policy or law and if so or if so or if not how can that be changed that’s a great question aaron do you want to speak to that if whether or not it’s in the law and then if a if we wanted to implement change on that how would we get that done it is written into the law and to change that i think that law would have to go through the legislature um i know that um i think in the the last uh you know enforcement hearing that we had for usd i believe the landing you are there as well and it was mentioned that uh senator chang’s senator cheng’s bills is looking to um you know kind of change that so that with money that is taken from enforcement can be put to the public and not go to the general fund but that is something that has to go through the legislature ms landrum did you have a follow-up on that i just want to make sure that i don’t cut you off no that was clarified all right thank you so much i appreciate it um anyone else want to speak a question out loud otherwise we might just move on here and we still have a little bit of time we’re not any on any super time crunch or anything but i want to make sure that we get your questions answered all right so if you’ve been at any meetings with me you know i like to dilly dally a little bit on this last part in case any questions come up towards the end but just talking to you a little bit about how you can submit a comment so we have several different ways that this can be done you can put submit your comment in writing you can do that in two different ways you can send that into um aaron in our enforcement unit and because we do have a couple people just listening and online i’m going to go ahead and read that address so if you are listening online or not online i’m sorry on the phone um and you want to jot this down feel free otherwise you can find it on our website as well but you can send um your comment directly to erin moran and her first name is is e-r-i-n and her last name is moran it’s emma’s and mary o is an octopus r is in red a is an apple and is in nancy and that’s at our enforcement unit at eagle air quality division and it’s po box 30260 it’s lansing michigan and the zip code is 48909 you can also send your comment directly by email to erin and her email address is marane michigan.gov so that’s amazon mary o is an octopus r is in red a is an apple and as a nancy e is an elephant at michigan all spelled out

dot gov is in government you can also call and leave your comment by voicemail and i’m going to have a little bit of a confession here we haven’t had anybody in any of the things lately leave any comments by voicemail so we’re kind of hoping that somebody tries it so if you’re feeling up to it um you can always call our voicemail line which is area code zero 517-284-09 zero zero and you would just leave a voicemail and we would transcribe your comment um for the record so um i’m putting up on the screen right now who you can contact if you have further questions this is basically the panel members and like i had said before we will be sending a copy of these slides out to everyone after you know during the follow-up email so anyone who put in a valid email address will get that follow-up our public hearing will be on september 2nd so if you wanted to participate in that we’re going to do a similar thing in case we have people that weren’t able to participate in this meeting we’re going to do a short informational session and then we’ll open up the um the uh meeting for official public comment on the record that will start at seven o’clock or once the question and answer period is done whichever comes sooner so if you’re kind of planning for things there it looks like we might have got a couple other questions in so i just want to check really quick here um let me see oh yes i can definitely repeat that phone number so the voicemail number is area code 517-284-0900 so um and i have that memorized and like i said i really want somebody to try to use it so um and yes the recording will be on youtube and if you just search marathon if you go to the eagle um youtube site which is um oh i’m gonna get this wrong ms landrum i think it’s just youtube backslash eagle but if you go to youtube and you search e-g-l-e eagle you’ll find our youtube page and if you just search marathon on there you’ll find it again it will take a few days to get it transcribed and be ready for posting for anyone who might need those transcriptions on there but we will post that and i will definitely send an email to all of you that have been participating tonight to let you know when that’s actually ready michigan eagle is our youtube page thank you matt he’s phoning a friend for me right now so i appreciate that these are my co-workers making sure i’m keeping you guys up to speed and saying all the right things here so um so that being said we greatly appreciate your time and efforts tonight we really appreciate the questions i know uh it was a lot of information tonight for sure so if you have further questions as time goes on please feel free to send them to us the public comment period is being open kept open for an extended period of time because we know the situation right now is not perfect for everyone so we want to make sure we give you ample opportunity to submit those comments and get your questions answered so that you feel your you you can submit a comment that um makes sense for you and is meaningful um that being said i’m gonna go ahead and end the meeting tonight so again i greatly appreciate your time and energy and i hope you have a great rest of your evening