[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Pages 69685-69686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26526]



Notice of Lodging of Proposed Third Amendment To Consent Decree 
Under the Clean Air Act

    On December 2, 2021, the Department of Justice lodged a proposed 
Third Amendment to Consent Decree (``Amendment'') with the United 
States District Court for the Northern District of Indiana in the 
lawsuit entitled United States and the State of Indiana v. BP Products 
North America Inc., Civil Action No. 2:12-CV-207.
    The Amendment relates to alleged violations of a 2012 Consent 
Decree (``Decree'') by BP Products North America Inc., (``BP 
Products'') at its refinery in Whiting, Indiana (``Whiting Refinery'').
    The Amendment will resolve BP Products' violations of particulate 
matter (``PM'') limits contained in the Decree and at 40 CFR part 60, 
subpart Ja that are applicable to two fluidized catalytic cracking 
units (``FCCUs'') at the Whiting Refinery, and a motion to enforce the 
Decree filed by several Plaintiff-Intervenors.
    The Amendment requires more frequent PM testing, revised PM testing 
parameters, operating parameters for emissions and opacity monitors and 
for electrostatic precipitators (``ESPs''), a PM emissions control 
technology, and the installation of various process analyzers. BP 
Products will also undertake a study to evaluate stack testing and ESP 
operation during unit startup and shutdown. BP Products will pay 
$512,450 in stipulated penalties after the Amendment is entered.
    The publication of this notice opens a period for public comment on 
the Amendment. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States and the State of Indiana v. BP Products North America 
Inc., D.J. Ref. No. 90-5-2-1-09244. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

[[Page 69686]]

         To submit comments:                     Send them to:
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.

    During the public comment period, the Amendment may be examined and 
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Amendment 
upon written request and payment of reproduction costs. Please mail 
your request and payment to: Consent Decree Library, U.S. DOJ--ENRD, 
P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-26526 Filed 12-7-21; 8:45 am]