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 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 Indiana
Code (“IC”) 13-13-1-1.
2.
Respondent
is BP
Products North America, Inc. – Whiting Business Unit (“Respondent”), which owns and operates
a stationary petroleum oil refinery, 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:
Linda Wilson, Environmental Manager
BP Products North America, Inc. –
Whiting Business Unit
2815 Indianapolis Blvd.
Whiting, Indiana 46394
The Prentice-Hall Corporation System, Inc., Registered
Agent
BP Products North America, Inc.
251 East Ohio Street Suite 500
Indianapolis, Indiana 46204
5.
During
an investigation, including a review on January 30, 2014, conducted by a
representative of IDEM, the following violations were found:
Pursuant
to Condition D.20.3 (a) of Part 70 Operating Permit Significant Permit
Modification No. 089-32755-00453 issued to the Respondent on April 23, 2013
(“Permit”), in order to render 326 IAC 2-2, 326 IAC 2-1.1-5, and 326 IAC 2-3
not applicable, NOx emissions from the Catalytic Refining Unit (CRU)
ID 201Heater F-102A and Heater F-101 shall not exceed 0.08 lb/MMBtu.
Compliance testing on CRU Heater F-102A and CRU Heater F-101 performed by the
Respondent on November 15 and November 19, 2013, respectively, indicated that
NOx emissions were in excess of 0.08 lb/MMBtu,
in violation of Condition D.20.3 (a) of the Permit, 326 IAC 2-2, 326 IAC
2-1.1-5, and 326 IAC 2-3.
6.
Subsequent
to the compliance test failures on November 15 and 19, 2013, Respondent took
corrective actions that included: repairing the tramp air ingress into the
firebox, implementing a test plan to identify burners that may individually
contribute high NOx results, and training operators to target no
greater than two (2) percent above safe minimum excess Oxygen (O2)
alarm points. Heaters F-102A and
F-101 were retested for compliance in March of 2014, and the results
demonstrated that Heaters F-102A and F-101 were operating in compliance for
VOC, CO, and NOx during the test.
7.
In
recognition of the settlement reached, Respondent 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 326 IAC 2-2, 326 IAC 2-1.1-5, 326 IAC 2-3 and Condition
D.20.3 (a) of the Permit.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Kevin
Sokolowski, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Twelve Thousand, Five Hundred
dollars ($12,500). Said penalty amount
shall be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the 30th 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 |
Office
of Legal Counsel |
IGCN,
Rm N1307 |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter its status or responsibilities
under this Agreed Order.
7.
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.
8.
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.
9.
Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
10.
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 its
obligation to comply with the requirements of its applicable permit or any
applicable Federal or State law or regulation.
11.
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.
12.
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 same violations specified in the NOV.
13.
Nothing
in this Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the 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 Respondents may incur as a result of such communications
with the EPA or any other agency or entity.
14.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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BP Products North America, Inc. – Whiting Business Unit |
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Rick
Massoels |
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Deputy
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Northwest
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COUNSEL
FOR RESPONDENT: |
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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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2015. |
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For
the Commissioner |
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Signed
on December 5, 2015 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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