EPA v. BP PRODUCTS NORTH AMERICA INC

Case summary

The Consent Decree addresses alleged violations by BP for its failure to comply with the New Source Performance Standards ('NSPS') for volatile organic compound ('VOC') emissions from Petroleum Refinery Wastewater Systems ('Subpart QQQ'), the National Emission Standards for Hazardous Air Pollutants ('NESHAP') for Benzene Waste Operations ('BWON'), the NSPS and NESHAP general provisions, and related Title V permit requirements. The injunctive relief and mitigation in this Consent Decree, specifically the review of engineering design criteria of new and existing components and the required enhanced monitoring program, along with installation of both interim and permanent control measures to strip benzene from refinery wastewater, are to reduce excess benzene and other VOC emissions from BPs Whiting Refinery. BP estimates that it will spend at least $197,000,000 to complete injunctive relief and mitigation required by the Consent Decree. BP is resolving its civil penalty liability as well as its stipulated penalty liability for its violations of a 2012 Consent Decree through payment of a penalty of $40 million and performance of $5 million in supplemental environmental projects. The State of Indiana is a co-Plaintiff in the 2012 Consent Decree, and is a party to this new decree.

Defendants (1)

• BP PRODUCTS NORTH AMERICA INCNamed in complaintNamed in settlement

Facilities (1)

• BP PRODUCTS NORTH AMERICA INC WHITING BUSINESS UNIT

  2815 INDIANAPOLIS BLVD, WHITING, IN, 46394-2197

  Registry ID: 110000398338

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA 112D — MACT Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BP PRODUCTS NORTH AMERICA INCentered 2023-08-09

  Primary law: CAA

  Federal penalty: $25,139,200 · State/local: $6,284,800 · SEP: $5,000,000

Timeline (5 milestones)

• 2022-08-26Referred To Dept Of Justice
• 2023-05-17Complaint Filed With Court
• 2023-05-17Final Order Lodged
• 2023-07-06Enforcement Action Data Entered
• 2023-08-09Final Order Entered