The US Environmental Protection Agency (EPA) and the Department of Justice announced a Clean Air Act Settlement with BP Products North America Inc., (BPP), a subsidiary of BP plc, requiring control technology expected to reduce benzene by an estimated seven tons per year, other hazardous air pollutants (HAP) by 28 tons per year, and other volatile organic compound emissions (VOC) by 372 tons per year at its Whiting Refinery in Indiana.

The United States’ complaint, filed simultaneously with the settlement, alleges that BPP violated federal regulations limiting benzene in refinery wastewater streams, and HAP and VOC emissions at its Whiting Refinery, as well as the general requirement to use good air pollution control practices. As part of the settlement, BPP will install one or more permanent benzene strippers to reduce benzene in wastewater streams leading to its lakefront wastewater treatment plant.

In addition to securing injunctive relief, including capital investments, estimated to exceed $197 million, the settlement obligates BPP to pay a total financial penalty of $40 million, comprising a $31,424,000 civil penalty, and $8,576,000 in stipulated penalties for violations of an earlier settlement. This is the largest civil penalty ever secured for a Clean Air Act stationary source settlement.

BPP separately agreed to undertake a $5-million supplemental environmental project to reduce diesel emissions in the communities surrounding the Whiting Refinery. BPP will also install 10 air pollutant monitoring stations to monitor air quality outside of the refinery fenceline. The settlement terms are included in a proposed consent decree filed with the US District Court for the Northern District of Indiana.

Benzene is known to cause cancer in humans. Short-term inhalation exposure to benzene also may cause drowsiness, dizziness, headaches, as well as eye, skin, and respiratory tract irritation, and, at high levels, unconsciousness. Long-term inhalation exposure can cause various disorders in the blood, including reduced numbers of red blood cells and anemia in occupational settings. Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.

VOCs along with NO_x, play a major role in the atmospheric reactions that produce ozone, which is the primary constituent of smog. People with lung disease, children, older adults, and people who are active can be affected when ozone levels are unhealthy. Ground-level ozone exposure is linked to a variety of short-term health problems, including lung irritation and difficulty breathing, as well as long-term problems, such as permanent lung damage from repeated exposure, aggravated asthma, reduced lung capacity, and increased susceptibility to respiratory illnesses such as pneumonia and bronchitis.

The State of Indiana assisted in the negotiations and is also a party to the settlement.

The settlement is subject to a public comment period and final court approval.