This is the third amendment to the Consent Decree entered in the Northern District of Indiana on November 6, 2012 (2012 Consent Decree) between the United States and the State of Indiana (collectively �Plaintiffs�), the Sierra Club, Save the Dunes, the Natural Resources Defense Council, the Hoosier Environmental Council, Susan Eleuterio, and Tom Tsourlis (collectively �Plaintiff-Intervenors�), and BP Products North America Inc. (BP). The alleged violations pertain to BP�s noncompliance with particulate matter (PM) and other requirements related to operation of its fluidized catalytic cracking units FCU 500 and FCU 600 at its Whiting refinery. Specifically, BP�s performance tests exceeded the non-sulfate PM levels and PM10 levels set forth in Standards of Performance for Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007 (NSPS Subpart Ja) and the 2012 Consent Decree.
Under the terms of the proposed Third Amendment to the 2012 Consent Decree, BP has agreed to the following relief: install and operate ammonia slip, nitrogen oxides, and carbon monoxide process analyzers; enhanced reporting of deviations of NSPS Subpart Ja parameters; return to semi-annual performance testing required by the 2012 Consent Decree; more specific testing parameters; include an ion analysis as part of each performance test; comply with criteria for operation of its electrostatic precipitator (ESP); complete a FCU/ESP Operation and S