STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26398-A
					)
BP PRODUCTS NORTH AMERICA, INC.,					)
					)
Respondent.					)

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”) November 14, 2019 via Certified Mail to:

BP Products North America Inc. Attn: Douglas Sparkman,	CT Corporation System, Registered Agent
President	150 West Market Street
150 West Warrenville Road	Suite 800
Naperville, IL 60563	Indianapolis, IN 46204

5. During an investigation conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part 70 Permit 089-36920-00453 condition D.35.8.29.b, Respondent shall operate each Covered Flare with no Visible Emissions.

On August 16, 2016, Respondent observed 5.83 minutes of smoke from the 4UF flare, in violation of Part 70 Permit 089-36920-00453 condition D.35.8.29.b.

b. Pursuant to Respondent’s Fugitive Dust Control Plan (“FDCP”) attached to Part 70 Permit 089-36920-00453 section 6.4 (of Document Revision #6), Respondent shall conduct quarterly visible emission evaluations during the removal of spent catalyst fines from the electrostatic precipitator collection bins.

Respondent failed to conduct the third quarter 2016 method 9 visible emission evaluation at the Fluidized Catalytic Cracking Unit 500 electrostatic precipitator bins, in violation of Part 70 Permit 089-36920-00453 condition FDCP section 6.4.

c. Pursuant to 40 CFR 63.120 as referenced by 40 CFR 63.655, Respondent shall conduct storage vessel inspections at least once every 12 months after initial fill.

Respondent failed to conduct storage vessel inspections at least once every 12 months for tanks 3730, 3900, 3532, 3553, 3600, 3707, 3716, and 3905 that had been inspected on various dates in 2016, but missed the 12-month requirement, in violation of 40 CFR 63.120 as referenced by 40 CFR 63.655.

d. Pursuant to Part 70 Permit 089-36920-00453 condition D.35.8.29.c, Respondent shall operate each Covered Flare with a flame present at all times.

On September 21, 2016, Respondent operated with VRU Flare main flame and flare pilots extinguished for 19 minutes, in violation of Part 70 Permit 089-36920-00453 condition D. 35.8.29.c.

e. Pursuant to Part 70 Permit 089-36920-00453 condition D.35.8.33.b, Respondent shall operate each Covered Flare so as to ensure that the Covered Flare’s Net Heating Value combustion zone (“NHVcz”), on a three-hour rolling average basis, rolled every fifteen minutes, is greater than or equal to its NHVcz-limit.

On September 25, 2016, Respondent fell below the VRU Flare combustions zone NHV of 1.0 limit for three 15-minute periods, in violation of Part 70 Permit 089-36920-00453 condition D.35.8.33.b.

f. Pursuant to 326 IAC 2-7-10.5 and 326 IAC 2-7-12, an owner or operator of a Part 70 source proposing to construct new emission units, modify existing emission units or otherwise modify the source shall submit a request for a modification approval and significant permit modification application prior to any modification.
A
Respondent failed to submit a request for a modification approval for construction and operation of the four (4) diesel engine driven compressors in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.The compressors operated in each quarter of 2016 and were shut down on December 30, 2016.

6. Respondent has developed various guidance, procedures and tracking programs to prevent reoccurrence of the various cited violations.

7. 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 rules and conditions listed in the findings of fact above.

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

mchaifet@idem.IN.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Four Thousand Five Hundred Sixty-Two Dollars and Fifty Cents ($34,562.50). 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.
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2021.
			For the Commissioner:
			Signed on April 6, 2021
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management