EPA v. BP CHEMICALS INC.

Case summary

This case was originally pursued as a PSD case. The original complaint was withdrawn with prejudice. Further information led us to file a new case involving PSD as well as newly identified violations of 40 CFR Part 63, 40 CFR Part 60 (Subpart Db) and Ohio SIP violations. The final case included PSD and alleged violations of the NOx emission limit under 40 CFR Part 60, Subpart Db. The Subpart Db violations included 100+ days of violation. The State was pursuing about 30 days of these violations but told us it did not have the information we had for the additional days. One month after we filed our complaint with the court, we were informed by BP Chemicals at a meeting that it settled all 100+ days of 40 CFR Part 60, Subpart Db violations with the State. BP Chemicals showed us a copy of a Final Findings and Orders which it signed (but the State had not) saying it resolves all violations [of 40 CFR Part 60, Subpart Db]. The company obviously chose to settle the NSPS claims with the State instead of USEPA. The State settlement resulted in the removal of the bulk of violations alleged in the Federal Complaint. Given that fact, we resolved the PSD allegations through a Federal Consent Agreement and Final Order with a $30,000 Civil Penalty [initially proposed to be $156,200 when Subpart Db violations were included].

Defendants (1)

• BP CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (3)

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BP CHEMICALS, INC.entered 2004-05-12

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2003-09-29Complaint Filed/Proposed Order
• 2003-10-08Enforcement Action Data Entered
• 2004-05-12Final Order Issued
• 2004-05-26Enforcement Action Closed