BP TO ADD OVER $400 MILLION IN POLLUTION CONTROLS AND PAY $8 MILLION PENALTY

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FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY
BP Agrees to Add More Than $400 Million in Pollution Controls at Indiana Refinery and Pay $8 Million Clean Air Act Penalty

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that BP North America Inc. has agreed to pay an $8 million penalty and invest more than $400 million to install state-of-the-art pollution controls and cut emissions from BP’s petroleum refinery in Whiting, Ind. When fully implemented, the agreement is expected to reduce harmful air pollution that can cause respiratory problems such as asthma and are significant contributors to acid rain, smog and haze, by more than 4,000 tons per year.

“Today's settlement will protect the residents of northwestern Indiana from harmful air pollution by requiring state-of-the-art pollution controls,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance."BP's agreement to install fenceline monitoring will also ensure that residents have access to critical information about pollution that may be affecting their community.”

“In this case, BP North America has not lived up to all of its obligations under an earlier settlement agreement and has committed new violations of the Clean Air Act at its Whiting refinery in Indiana,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This settlement secures a significant penalty, requires state-of-the-art controls, and is a fair and just resolution that will address BP’s violations. We will continue to hold BP accountable and ensure that it complies with the nation’s environmental laws.”

The complaint alleges violations of Clean Air Act (CAA) requirements at the Whiting refinery in connection with construction and expansion of the Whiting Refinery, as well as violations of a 2001 consent decree with the company that covered all of BP’s refineries and was entered into as part of EPA’s Petroleum Refinery Initiative.

Today’s settlement will lead to the installation of innovative pollution controls on the largest sources of emissions at the Whiting refinery, including extensive new controls on the refinery’s flaring devices. Flaring devices are used to burn-off waste gases. The more waste gases sent to a flare, and the less efficient the flare is when burning those gases, the more pollution that will occur. Under the settlement, BP will install new equipment that will limit the amount of waste gas sent to flaring devices in the first place, as well as implement innovative, cutting-edge controls to ensure proper combustion efficiency for any gases that are burned in a flaring device. The requirements, similar to those included in a recent settlement with Marathon Petroleum Corp., are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical and chemical plants.

In addition to the controls on the refinery’s flares, the settlement will also result in reduced emissions by imposing some of the lowest emission limits in refinery settlements to date, enhancing controls on wastewater containing benzene and providing for an enhanced leak detection and repair program. Today’s settlement also requires the Whiting refinery to spend $9.5 million on projects at the refinery to reduce the emissions of greenhouse gases.

BP will perform a supplemental environmental project in which they will install, operate and maintain a $2 million fence line emission monitoring system at the Whiting refinery and will make the data collected available to the public by posting the information on a publicly-accessible website. Fenceline monitors will continuously monitor benzene, toluene, pentane, hexane, sulfur dioxide, hydrogen sulfide and all compounds containing reduced sulfur.

BP Products North America Inc., headquartered in Warrenville Ill., engages in the exploration, development, production and marketing of oil and natural gas, and additionally operates petroleum refineries in California, Indiana, Ohio, Texas and Washington. BP North America Inc. is a subsidiary of BP p.l.c., headquartered in London, England. The Whiting Refinery has a refining capacity of approximately 405,000 barrels per day, and is the 6th largest refinery in the United States.

The state of Indiana, the Sierra Club, Save the Dunes, the Natural Resources Defense Council, the Hoosier Environmental Council, the Environmental Law and Policy Center, the Environmental Integrity Project, Susan Eleuterio and Tom Tsourlisalso joined in this settlement.

KANSAS REFINERY WILL SPEND MILLIONS TO CLEAN UP ITS ACT

The following excerpt is from an EPA e-mail:

The following excerpt is from the EPA website:

“WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a civil penalty of more than $970,000 and invest more than $4.25 million on new pollution controls and $6.5 million in operating costs to resolve alleged violations of air, superfund and community right-to-know laws at its Coffeyville, Kan. refinery. The settlement will benefit the environment and human health by requiring new and upgraded pollution controls, more stringent emission limits, and more aggressive leak-detection and repair practices to reduce emissions from refinery equipment and process units. Sulfur dioxide (SO2) and nitrogen oxide (NOx), two pollutants emitted from refineries, can cause respiratory problems like asthma and are significant contributors to acid rain, smog and haze.

“The Clean Air Act is designed to protect people’s health from emissions of harmful pollutants,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect residents living near the facility and ensure that the necessary pollution controls are installed to protect the residents of southeastern Kansas in the future.”

“This settlement puts CRRM on a level playing field with the more than 100 petroleum refineries that have agreed to implement aggressive pollution control measures, thereby reducing the threats posed by harmful emissions to area residents,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The agreement reaffirms our commitment to ensure that the petroleum refining industry complies with the nation’s Clean Air Act.”

The settlement resolves alleged violations of the Clean Air Act (CAA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Emergency Planning and Community Right-to-Know Act (EPCRA).Coffeyville allegedly made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant. The settlement also resolves violations in which CRRM failed to timely notify state and local emergency responders of releases of hydrogen sulfide and sulfur dioxide from the refinery, as required by the CERCLA and EPCRA.

Once fully implemented, the pollution controls required by the settlement will annually reduce an estimated 200 tons of NOx emissions and more than 110 tons of SO2 emissions. The settlement will also reduce emissions of volatile organic compounds, particulate matter, carbon monoxide and other pollutants that affect air quality. CRRM has also agreed to perform a voluntary environmental project at the refinery valued at more than $1.2 million. The project will benefit the environment and surrounding communities by reducing emissions of volatile organic compounds and hydrogen sulfide, reducing the frequency of future acid gas flaring incidents, and conserve 15 million gallons of water each year that would previously have come from the Verdigris River.

The settlement with CRRM is the 30th under an EPA initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide settlements. The first of EPA’s settlements was reached in 2000, and with today’s settlement, 107 refineries operating in 32 states and territories – more than 90 percent of the total refining capacity in the United States – are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen dioxide and other pollutants by more than 360,000 tons per year.

CRRM’s refinery has the capacity to refine more than 115,000 barrels of crude oil per day, producing gasoline, diesel fuels, and propane.

The State of Kansas has joined in the settlement and will receive a portion of the civil penalty.

The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and court approval.”