STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

BP PRODUCTS NORTH AMERICA, INC., -

WHITING BUSINESS UNIT,

Respondent.

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Case No. 2018-26392-A, and 2017-26393-A




 

 

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:

 

BP Products North America Inc.

CT Corporation System, Registered Agent

Attn: Douglas Sparkman,

150 West Market Street

President

Suite 800

150 West Warrenville Road

Indianapolis, IN 46204

Naperville, IL 60563

 

 

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.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

BP Products North America, Inc. –

Whiting Business Unit

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2020.

 

 

For the Commissioner:

 

 

 

Signed on March 18, 2020

 

Matthew Stuckey Deputy Assistant

 

Commissioner

 

Office of Air Quality