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STATE OF
INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. BP PRODUCTS
NORTH AMERICA, INC., - WHITING BUSINESS
UNIT, Respondent. |
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AGREED ORDER
Complainant and Respondent desire to
settle and compromise this action without hearing or adjudication of any issue
of fact or law, and consent to the entry of the following Findings of Fact and
Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this
Agreed Order does not constitute an admission of any violation contained
herein. Respondent’s entry into this Agreed Order shall not constitute a waiver
of any defense, legal or equitable, which Respondent may have in any future
administrative or judicial proceeding, except a proceeding to enforce this
order.
I. FINDINGS OF
FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent
is BP Products North America, Inc. – Whiting Business Unit, (“Respondent”), which
owns and operates the stationary refinery and marketing terminal with Plant ID
No. 089-00453, located at 2815 Indianapolis Blvd., in Whiting, Lake County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
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BP Products North America Inc. |
CT Corporation System, Registered
Agent |
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Attn: Douglas Sparkman, |
150 West Market Street |
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President |
Suite 800 |
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150 West Warrenville Road |
Indianapolis, IN 46204 |
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Naperville, IL 60563 |
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5.
During
an investigation including on conducted by a representative of IDEM, the
following violations were found:
a.
Pursuant
to Part 70 Permit 089-37390-00453 Condition D.16.1, Respondent shall not exceed
PM10 emission limits for the No.4 UF (Ultraformer) process heater F-2 of 2.131
pounds of PM10 per hour.
On January 16,
2017, Respondent conducted compliance stack testing on No.4 UF (Ultraformer)
process heater F-2 and demonstrated emissions of 3.149 pounds of PM10 per hour,
in violation of Part 70 Permit 089-37390-00453 Condition D.16.1.
b.
Pursuant
to Part 70 Permit 089-37390-00453 Condition D.16.3, Respondent shall not exceed
PM10 emission limits for the No.4 UF (Ultraformer) process heater F-2 of 0.0075
pounds of PM10 per mmBTU.
On January 16,
2017, Respondent conducted compliance stack testing on No.4 UF (Ultraformer)
process heater F-2 and demonstrated emissions of 0.0099 pounds of PM10 per
mmBTU, in violation of Part 70 Permit 089-37390-00453 Condition D.16.3.
c.
Pursuant
to Part 70 Permit 089-37390-00453 Condition D.16.1, Respondent shall not exceed
PM10 emission limits for the No.4 UF (Ultraformer) process heater F-3 of 1.803
pounds of PM10 per hour.
On January 24,
2017, Respondent conducted compliance stack testing on No.4 UF (Ultraformer)
process heater F-3 and demonstrated emissions of 2.327 pounds of PM10 per hour,
in violation of Part 70 Permit 089-37390-00453 Condition D.16.1.
d.
Pursuant
to Part 70 Permit 089-37390-00453 Condition D.16.1, Respondent shall not exceed
PM10 emission limits for the No.4 UF (Ultraformer) process heater stack serving
F-4, F-5, and F-6 of 2.124 pounds of PM10 per hour.
On January 19,
2017, Respondent conducted compliance stack testing on No.4 UF (Ultraformer)
stack serving process heater F-4, F-5, and F6 and demonstrated emissions of
2.231 pounds of PM10 per hour, in violation of Part 70 Permit 089-37390-00453
Condition D.16.3.
e.
Pursuant
to Part 70 Permit 089-37390-00453 Condition C.19(b), Respondent shall perform a
retest no later than one hundred eighty (180) days after the date of the
noncompliant test.
Respondent failed
to conduct retests of the above No. 4 UF (Ultraformer) process heaters within
one hundred eighty (180) days of the noncompliant stack tests, in violation of Part
70 Permit 089-37390-00453 Condition C.19(b).
6.
Respondent
conducted a retest of No. 4 UF (Ultraformer) process heater F-2 on August 1,
2017.
7.
Respondent
conducted a retest of No. 4 UF (Ultraformer) process heater F-3 on July 1, 2019.
8.
Respondent
conducted a retest of No. 4 UF (Ultraformer) process stack serving heaters F-4,
F-5, and F-6 on June 27, 2019.
9.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and waives any right to administrative and judicial review of
this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent. This Agreed Order shall have no
force or effect until the Effective Date.
2.
Respondent shall comply with the Part 70 Permit
089-40252-00453 unless superseded by a permit modification or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Thirty-Eight Thousand Dollars ($38,000.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the thirtieth day being the “Due Date.”
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number
of this action and shall be mailed to:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by IC
24-4.6-1. The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be
payable to the Environmental Management Special Fund, and shall be payable to
IDEM in the manner specified in Paragraph 5, above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
12.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent pursuant
to this Agreed Order, shall not in any way relieve Respondent of the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
13.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of Respondent’s efforts
to comply with this Agreed Order.
14.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the violations
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. EPA”) or any other agency or entity about any matters
relating to this enforcement action. IDEM or anyone acting on its behalf shall
not be held liable for any costs or penalties Respondent may incur as a result of
such communications with the U.S. EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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BP Products North America,
Inc. – Whiting Business Unit |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Title: |
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Office
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Date: |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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By: |
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Deputy
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2020. |
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For
the Commissioner: |
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Signed
on March 18, 2020 |
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Matthew
Stuckey Deputy Assistant |
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Commissioner |
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Office
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