EPA v. BP PRODUCTS NORTH AMERICA

Case summary

This is the third amendment to the Consent Decree entered in the Northern District of Indiana on November 6, 2012 (2012 Consent Decree) between the United States and the State of Indiana (collectively �Plaintiffs�), the Sierra Club, Save the Dunes, the Natural Resources Defense Council, the Hoosier Environmental Council, Susan Eleuterio, and Tom Tsourlis (collectively �Plaintiff-Intervenors�), and BP Products North America Inc. (BP). The alleged violations pertain to BP�s noncompliance with particulate matter (PM) and other requirements related to operation of its fluidized catalytic cracking units FCU 500 and FCU 600 at its Whiting refinery. Specifically, BP�s performance tests exceeded the non-sulfate PM levels and PM10 levels set forth in Standards of Performance for Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007 (NSPS Subpart Ja) and the 2012 Consent Decree. Under the terms of the proposed Third Amendment to the 2012 Consent Decree, BP has agreed to the following relief: install and operate ammonia slip, nitrogen oxides, and carbon monoxide process analyzers; enhanced reporting of deviations of NSPS Subpart Ja parameters; return to semi-annual performance testing required by the 2012 Consent Decree; more specific testing parameters; include an ion analysis as part of each performance test; comply with criteria for operation of its electrostatic precipitator (ESP); complete a FCU/ESP Operation and Stack Testing Hazards Review, and submit a report identifying conditions for safe operation of the ESP, along with a proposal pertaining to stack testing to be conducted during periods when the ESP is not operating due to unsafe conditions. The proposed Third Amendment to the 2012 Consent Decree is intended to resolve the NSPS Ja and related Consent Decree claims initiated by Plaintiff-Interveners which have been further developed by EPA. The proposed Third Amendment constitutes a material modification to the 2012 Consent Decree, and will be subject to public comment. The Third Amendment notes that upon approval of the material modification, the United States will issue a stipulated penalty demand for $512,450 for BP�s violations of the 2012 Consent Decree. The Third Amendment states BP has agreed to pay this stipulated penalty to the United States. BP has also agreed to reimburse the Plaintiff-Interveners for attorneys fees in this matter. As noted above, the Plaintiff-Intervenors initiated this matter and have been engaged in the proposed resolution. The State of Indiana is a co-Plaintiff in this matter and has participated in negotiations regarding the proposed Third Amendment.

Defendants (2)

• BP PRODUCTS NORTH AMERICA
• BP/AMOCO, WHITING REFINERYNamed in complaintNamed in settlement

Facilities (2)

• OHIO REFINING COMPANY LLC

  4001 CEDAR POINT ROAD, OREGON, OH, 43697

  Registry ID: 110000384361

• BP PRODUCTS NORTH AMERICA INC WHITING BUSINESS UNIT

  2815 INDIANAPOLIS BLVD, WHITING, IN, 46394-2197

  Registry ID: 110000398338

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 173 — New Source Review Permit Requirements
• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (3)

• BP PRODUCTS NORTH AMERICAentered 2012-11-06

  Primary law: CAA

  Federal penalty: $7,200,000 · State/local: $800,000 · SEP: $2,000,000

• BP PRODUCTS NORTH AMERICA - FCCUentered 2022-01-28

  Primary law: CAA

• BP PRODUCTS NORTH AMERICAentered 2012-12-31

  Primary law: CAA

Timeline (12 milestones)

• 2007-09-25Referred To Dept Of Justice
• 2007-09-28Enforcement Action Data Entered
• 2009-03-31Supplemental Referral-Adding parties, counts
• 2010-03-24Supplemental Referral-Adding parties, counts
• 2012-05-23Complaint Filed With Court
• 2017-11-14Supplemental Referral-Other
• 2020-05-11Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2020-09-17Supplemental Referral-Adding parties, counts
• 2021-09-24Supplemental Referral-Adding parties, counts
• 2021-10-27Supplemental Referral-Adding parties, counts
• 2021-12-02Final Order Lodged
• 2022-01-28Final Order Entered