EPA v. BP HUSKY REFINING LLC - TOLEDO REFINERY

Case summary

BP-Husky owns and BP operates an oil refinery in Oregon, Ohio, with a capacity of approximately 152,000 bpd (Refinery). This Consent Decree resolves alleged violations of the NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (NSPS Subpart QQQ), Leak Detection and Repair (LDAR), continuous emissions monitoring (CEMS) requirements, EPCRA/CERCLA reporting, NSPS Subpart Ja at the sulfur recovery plant (SRP), and the 2001 Consent Decree, later amended to add BP-Husky, between the US, several state Plaintiff-Intervenors including the State of Ohio, BP and BP-Husky. BP-Husky will conduct an audit of the NSPS Subpart QQQ program, comply with NSPS Subpart Ja at the sulfur recovery plant, complywith NSPS Subpart VVa/GGGa, and develop an implement a comprehensive CEMS operation and maintenance plan. BP and BP-Husky will pay a CAA civil penalty of $1.2 million, and an EPCRA/CERCLA penalty of $300,000. Ohio will receive $200,000 of the CAA civil penalty. As a Supplemental Environmental Project, BP and BP-Husky will spend $1.2 million to abate lead hazards in low-income residential properties and private day care centers to reduce childhood lead poisoning in communities with high percentages of lead-poisoned children in counties near the Refinery. The State of Ohio is a Co-Plaintiff to this settlement.

Defendants (1)

• BP HUSKY REFINING LLC - TOLEDO REFINERYNamed in complaintNamed in settlement

Facilities (1)

• OHIO REFINING COMPANY LLC

  4001 CEDAR POINT ROAD, OREGON, OH, 43697

  Registry ID: 110000384361

Statutes cited

• CAA 112D — MACT Standards
• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BP HUSKY REFINING LLC - TOLEDO REFINERYentered 2020-03-25

  Primary law: CAA

  Federal penalty: $1,000,000 · State/local: $200,000 · SEP: $1,200,000

Timeline (5 milestones)

• 2017-11-14Referred To Dept Of Justice
• 2020-01-29Complaint Filed With Court
• 2020-01-29Final Order Lodged
• 2020-03-25Final Order Entered
• 2020-03-26Enforcement Action Data Entered