BP Exploration (Alaska) Inc., BP Products North America Inc., BP West Coast Products LLC, and BP Corporation North America Inc. (Board decision, November 23, 2011)

Plain-English summary

The Environmental Appeals Board considered a Consent Agreement resolving a consolidated RCRA and Safe Drinking Water Act enforcement matter involving four BP companies. Under 40 C.F.R. § 22.18(b) and RCRA sections 3008(a) and (h), the Board incorporated the agreement into its Final Order and ratified it. The Board ordered the respondents to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not state a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b); 42 U.S.C. § 6928(a) and (h)
• Outcome: The Consent Agreement was incorporated and ratified, and the respondents were ordered to comply with its terms immediately.
• Key point: The Board made the consolidated settlement effective immediately through a Final Order.

Full text (EPA EAB public release)

                     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C.

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD

IN THE MATTER OF: )
)
BP Exploration (Alaska) Inc. )
BP Products North America Inc. ) Docket No. RCRA-HQ-2011-5054
BP West Coast Products LLC )
BP Corporation North America Inc. )
)
Respondents. )

                                     FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b) of EPA's “Consolidated Rules of Practice Governing the

Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of
Permits,” Sections 3008(a) and (h) of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984
(collectively “RCRA”), 42 U.S.C. § 6928(a) and (h), the Consent Agreement resolving this matter
is incorporated by reference into this Final Order and is hereby ratified.

   The Respondents are ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So Ordered.

Date: November 23, 2011

                                          [signature]
                                          Judge, Environmental Appeals Board


                            CERTIFICATE OF SERVICE

   I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of BP

Exploration (Alaska) Inc., BP Products North America Inc., BP West Coast Products LLC, and
BP Corporation North America Inc., Docket No. RCRA-HQ-2011-5054, were filed and copies of
the same were mailed to the parties as indicated below:

(Interoffice) Cari Shiffman, Attorney-Adviser
Waste and Chemical Enforcement Division (2249A)
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Ariel Rios Building, Rm. 4146A
Washington, DC 20460
Phone: 202-564-2898
E-mail: [email protected]

                  Chrisna Tan, Attorney-Adviser
                  Office of Site Remediation Enforcement (2272A)
                  Office of Enforcement and Compliance Assurance
                  U.S. Environmental Protection Agency
                  1200 Pennsylvania Ave, N.W.
                  Ariel Rios Building, Rm. 4232J
                  Washington, DC 20460
                  Phone: 202-564-4272
                  E-mail: [email protected]

(U.S. Mail) Joel Gross
Counsel for BP Exploration (Alaska) Inc., BP Products North America Inc.,
BP West Coast Products LLC, and BP Corporation North America Inc.
Arnold & Porter LLP
555 Twelfth Street, NW
Washington, DC 20004
Phone: 202-942-5705
E-mail: [email protected]

                                          [signature]
                                          Annette Duncan, Secretary
                                          U.S. Environmental Protection Agency
                                          Environmental Appeals Board

                  Dated: Nov. 23, 2011