BP Alleged to Have Modified Whiting Refinery Illegally

The U.S. Environmental Protection Agency Region 5 alleges that the BP Whiting refinery, failed to obtain a permit when it made "major modifications" to its fluidized catalytic cracking unit.

A fluidized catalytic cracking unit converts heavier oils into lighter products such as gasoline and naphtha. The modifications were made in BP's pursuit of the capacity to handle more Canadian heavy crude oil by modernizing the refinery located at 2815 Indianapolis Blvd.

The unpermitted modification caused "significant increases" of nitrogen oxide, NOx, sulfur dioxide, SO2, particulate matter, PM10, and carbon monoxide, CO, emissions, says the federal agency.

BP's refinery at Whiting, Indiana (Photo byDavid Jordano)

The agency also claims that BP violated New Source Performance Standards at Whiting by modifying flares without complying with requirements, exceeding SO2 emission limits, and failing to monitor emissions from several sources.

These New Source Performance Standards regulate new and modified industrial facilities that contribute to air pollution.

Finally, BP is accused of failing to conduct timely performance tests of hydrogen chloride emissions from its catalytic reforming units.

BP has 10 days to request a conference to discuss these clean air violations.

At the same time it is being notified of these violations, the company is proposing to lower air emissions limits at the Whiting Refinery.

On November 1, BP submitted a permit application to the Indiana Department of Environmental Management, IDEM, in which the lower emissions limits are proposed.

But the company says the lower emission level will not occur until after completion of a $3.8 billion modernization to process more Canadian heavy crude and increase motor fuel production by about 1.7 million gallons a day.

"Canadian heavy oil is critical to America's future energy security and the need for additional motor fuels," said Whiting Refinery Manager Dan Sajkowski. "BP is committed to finding ways to achieve the important objectives of U.S. energy security, increased gasoline supply, economic development and environmental stewardship."

Under the permit application submitted to IDEM, regulated air emissions at the refinery will be held to more stringent limits than the refinery is currently allowed.

The application proposes individual limits on almost all air emissions sources including those not currently subject to emission limitations.

In addition to the modernization project, the permit application also accounts for all expected changes in emissions at the refinery from ongoing upgrades and maintenance through 2011.

The proposed stricter air permit limits follow a five year trend of measurable decreases in air emissions from the Whiting Refinery.

Criteria pollutants in 2006 were 68 percent lower than those in 2001, according to BP figures, and the company says "these emissions will decrease an additional seven percent by 2011."

BP says that although emissions of some individual components like sulfur dioxide and particulate matter are expected to increase when the project is completed in 2011, they will remain below currently authorized limits.

The alleged air violations come in addition to a controversial permit granted earlier this year by the state to emit water pollutants into Lake Michigan, even though the company says it will not use the permit to raise water pollution levels.

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