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Notice of Failure to Abate Alleged Violation Page 1 of 272 OSHA-2 (Rev. 6/93) The violations described in this Notification of Failure to Abate Alleged Violations are alleged to have occurred on or about the days the inspection was made unless otherwise indicated within the description given below. U.S. Department of Labor Occupational Safety and Health Administration Houston South Area Office 17625 El Camino Real, Suite 400 Houston, TX 77058 Phone: (281)286-0583 FAX: (281)286-6352 To: Original Inspection Number: 308314640 BP Products North America, Inc. Original Inspection Dates: and its successors 3/23/2005 – 9/12/2005 2401 5 th Avenue S Texas City, TX 77590 Inspection Number: 311962674 Inspection Date(s): 05/04/2009–10/29/2009 Issuance Date: 10/29/2009 Inspection Site: 2401 5 th Avenue S Texas City, TX 77590 After the original inspection, a Citation(s) was issued to you in accordance with the provisions of the Occupational Safety and Health Act of 1970 (the Act), notifying you of certain violations of the Act and the dates by which they were to be abated. Based upon reinspection, it is alleged that you have failed to abate the violation(s) listed below within the time prescribed, and the following additional penalties are proposed. The additional penalty is computed by multiplying a daily penalty times the number of days the violation(s) remained unabated. You are to notify the Area Director in writing of the date and nature of the corrective action taken. If you do not abate the violation(s), further penalties may be proposed and other enforcement action to compel abatement may be taken under section 11(b) of the Act. You are further notified that you must pay the ADDITIONAL PENALTY unless you inform the Area Director in writing that you intend to contest the Notification or the Additional Penalty within 15 working days (excluding weekends and Federal holidays) from your receipt of this notification. If you do not contest within 15 working days after receipt, the Notification and the additional penalties will become the final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court of agency. Issuance of this Notification does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Actor, if contested, unless the Notification is affirmed by the Review Commission. Make your check or money order payable to "DOL-OSHA". Please indicate the Inspection Number on the remittance. Notification of Failure to Abate Alleged Violations

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Page 1: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

Notice of Failure to Abate Alleged Violation Page 1 of 272 OSHA-2 (Rev. 6/93)

The violations described in this Notification of Failure to Abate Alleged Violations are alleged to have occurred on or about the days the inspection was made unless otherwise indicated within the description given below.

U.S. Department of Labor Occupational Safety and Health Administration Houston South Area Office 17625 El Camino Real, Suite 400 Houston, TX 77058 Phone: (281)286-0583 FAX: (281)286-6352

To: Original Inspection Number: 308314640 BP Products North America, Inc. Original Inspection Dates: and its successors 3/23/2005 – 9/12/2005 2401 5th Avenue S Texas City, TX 77590 Inspection Number: 311962674 Inspection Date(s): 05/04/2009–10/29/2009 Issuance Date: 10/29/2009 Inspection Site: 2401 5th Avenue S Texas City, TX 77590 After the original inspection, a Citation(s) was issued to you in accordance with the provisions of the Occupational Safety and Health Act of 1970 (the Act), notifying you of certain violations of the Act and the dates by which they were to be abated. Based upon reinspection, it is alleged that you have failed to abate the violation(s) listed below within the time prescribed, and the following additional penalties are proposed. The additional penalty is computed by multiplying a daily penalty times the number of days the violation(s) remained unabated. You are to notify the Area Director in writing of the date and nature of the corrective action taken. If you do not abate the violation(s), further penalties may be proposed and other enforcement action to compel abatement may be taken under section 11(b) of the Act. You are further notified that you must pay the ADDITIONAL PENALTY unless you inform the Area Director in writing that you intend to contest the Notification or the Additional Penalty within 15 working days (excluding weekends and Federal holidays) from your receipt of this notification. If you do not contest within 15 working days after receipt, the Notification and the additional penalties will become the final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court of agency. Issuance of this Notification does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Actor, if contested, unless the Notification is affirmed by the Review Commission. Make your check or money order payable to "DOL-OSHA". Please indicate the Inspection Number on the remittance.

Notification of Failure to Abate Alleged Violations

Page 2: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

Notice of Failure to Abate Alleged Violation Page 2 of 272 OSHA-2 (Rev. 6/93)

U.S. Department of Labor Occupational Safety and Health Administration

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE

An informal conference has been scheduled with OSHA to discuss the citation(s) issued on

10/29/2009. The conference will be held at the OSHA office located at Houston South Area Office,

17625 El Camino Real, Suite 400, Houston, TX, 77058 on _____________ at _____________.

Employees and/or representatives of employees have a right to attend an informal conference.

Page 3: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 3 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 1 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Alkylation No. 2 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 4: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 2 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Alkylation No. 3 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 5: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 5 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 3 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Aromatics Recovery A Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 6: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 6 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 4 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Aromatics Recovery B Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 7: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 7 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 5 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Aromatics 2 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 8: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 8 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 6 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Cat Feed Hydrotreater Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 9: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 9 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 7 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Coker B and Coker C Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 10: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 10 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 8 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Distillate Desulfurization Unit 100, 200, 300 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 11: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 11 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 9 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Fluid Cat Cracker 1 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 12: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 12 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 10 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Fluid Cat Cracker 3 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 13: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 13 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 11 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Hydrogen Recovery Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 14 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 12 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Naphtha Desulfurization Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 15 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 13 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Oil Movement Control Center Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 16 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 14 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Pipestill 3A Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 17 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 15 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Pipestill 3B Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 18: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 18 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 16 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating Catalyst Handling Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 19 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 17 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating 200 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 20 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 18 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating 300 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 21 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 19 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating 400 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 22 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 20 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating 500 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 23: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 23 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 21 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Resid Hydrotreating 600 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 24: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 24 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 22 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Sulfur Recovery A Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 25 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 23 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Sulfur Recovery B Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

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U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 26 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 24 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Sulfur Recovery C Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 27: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 27 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 25 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Sulfur Recovery D Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 28: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 28 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 26 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Ultracracker Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 29: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 29 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 27 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Ultraformer 3 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 30: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 30 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 28 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to conduct an audit of the adequacy of pressure relief for individual pieces of equipment in each covered process unit for conformance with best practices in the industry, i.e., recognized and generally accepted good engineering practices (RAGAGEP), as required by the terms of the SETTLEMENT AGREEMENT entered In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom. Had BP performed the study in accordance with RAGAGEP and the Settlement Agreement it would have identified and been able to correct the numerous pressure relieving devices that were outside acceptable limits.

a. The employer failed to conduct a comprehensive audit for conformance with RAGAGEP of pressure relief systems and equipment in the Ultraformer 4 Unit.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that provides for the repair or replacement of pressure relief equipment that does not comply with RAGAGEP within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 31: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 31 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 29 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201A that was designated as TCACP Database Unique Record Number 413, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 32: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 32 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 30 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201B that was designated as TCACP Database Unique Record Number 422, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 33: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 33 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 31 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301A that was designated as TCACP Database Unique Record Number 433, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 34: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 34 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 32 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301B that was designated as TCACP Database Unique Record Number 442, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 35: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 35 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 33 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker VRU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment J-401/401S that was designated as TCACP Database Unique Record Number 467, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 36: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 36 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 34 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the ENVF Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-5 that was designated as TCACP Database Unique Record Number 507, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 37: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 37 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 35 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-412 that was designated as TCACP Database Unique Record Number 530, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 38: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 38 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 36 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 401-E that was designated as TCACP Database Unique Record Number 545, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 39: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 39 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 37 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 104-E that was designated as TCACP Database Unique Record Number 622, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 40: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 40 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 38 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 376-E that was designated as TCACP Database Unique Record Number 637, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 41: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 41 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 39 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 401-E that was designated as TCACP Database Unique Record Number 646, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 42: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 42 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 40 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 403-E that was designated as TCACP Database Unique Record Number 654, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 43: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 43 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 41 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the RDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 602-F that was designated as TCACP Database Unique Record Number 672, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 44: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 44 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 42 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the RDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 603-E that was designated as TCACP Database Unique Record Number 673, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 45: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 45 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 43 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the RDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 604-E that was designated as TCACP Database Unique Record Number 676, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 46: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 46 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 44 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 200 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 201-F that was designated as TCACP Database Unique Record Number 686, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 47: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 47 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 45 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 200 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 202-F that was designated as TCACP Database Unique Record Number 693, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 48: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 48 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 46 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 300 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-F that was designated as TCACP Database Unique Record Number 711, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 49: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 49 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 47 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 400 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 402-F that was designated as TCACP Database Unique Record Number 729, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 50: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 50 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 48 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 500 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 510CA-CC that was designated as TCACP Database Unique Record Number 747, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 51: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 51 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 49 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 500 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 539-F that was designated as TCACP Database Unique Record Number 751, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 52: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 52 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 50 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 301-B that was designated as TCACP Database Unique Record Number 852, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 53: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 53 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 51 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-B that was designated as TCACP Database Unique Record Number 858, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 54: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 54 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 52 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 305-B that was designated as TCACP Database Unique Record Number 871, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 55: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 55 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 53 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 306-B that was designated as TCACP Database Unique Record Number 877, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 56: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 56 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 54 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 307-B that was designated as TCACP Database Unique Record Number 883, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 57: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 57 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 55 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 360-J that was designated as TCACP Database Unique Record Number 909, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 58: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 58 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 56 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 202-E that was designated as TCACP Database Unique Record Number 1206, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 59: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 59 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 57 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 203-E that was designated as TCACP Database Unique Record Number 1207, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 60: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 60 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 58 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation No. 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-1003 that was designated as TCACP Database Unique Record Number 1347, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 61: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 61 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 59 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 304-B that was designated as TCACP Database Unique Record Number 1370, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 62: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 62 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 60 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment J-418/A that was designated as TCACP Database Unique Record Number 1379, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 63: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 63 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 61 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201A that was designated as TCACP Database Unique Record Number 412, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 64: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 64 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 62 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201A that was designated as TCACP Database Unique Record Number 419, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 65: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 65 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 63 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201B that was designated as TCACP Database Unique Record Number 421, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 66: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 66 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 64 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201B that was designated as TCACP Database Unique Record Number 428, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 67: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 67 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 65 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301A that was designated as TCACP Database Unique Record Number 432, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 68: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 68 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 66 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301A that was designated as TCACP Database Unique Record Number 439, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 69: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 69 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 67 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301B that was designated as TCACP Database Unique Record Number 441, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 70: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 70 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 68 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301B that was designated as TCACP Database Unique Record Number 448, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 71: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 71 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 69 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-302 that was designated as TCACP Database Unique Record Number 450, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 72: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 72 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 70 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 811-J/JA that was designated as TCACP Database Unique Record Number 573, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 73: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 73 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 71 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 812-J/JA that was designated as TCACP Database Unique Record Number 574, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 74: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 74 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 72 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 202-E that was designated as TCACP Database Unique Record Number 628, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 75: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 75 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 73 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 203-E that was designated as TCACP Database Unique Record Number 631, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 76: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 76 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 74 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-410 that was designated as TCACP Database Unique Record Number 956, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 77: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 77 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 75 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment J-418/A that was designated as TCACP Database Unique Record Number 1175, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 78: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 78 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 76 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 611-E that was designated as TCACP Database Unique Record Number 1182, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 79: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 79 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 77 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1/D-2 that was designated as TCACP Database Unique Record Number 520, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 80: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 80 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 78 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker VRU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-402 that was designated as TCACP Database Unique Record Number 386, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 81: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 81 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 79 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker VRU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-404 that was designated as TCACP Database Unique Record Number 390, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 82: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 82 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 80 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 407-E that was designated as TCACP Database Unique Record Number 552, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 83: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 83 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 81 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 503-E that was designated as TCACP Database Unique Record Number 557, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 84: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 84 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 82 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 581-E that was designated as TCACP Database Unique Record Number 564, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 85: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 85 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 83 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 802-E that was designated as TCACP Database Unique Record Number 570, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 86: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 86 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 84 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Naphtha Desulfurization Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-501 that was designated as TCACP Database Unique Record Number 582, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 87: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 87 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 85 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Power2 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-2 that was designated as TCACP Database Unique Record Number 604, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 88: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 88 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 86 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 205-F that was designated as TCACP Database Unique Record Number 633, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 89: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 89 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 87 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the RDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 603-E that was designated as TCACP Database Unique Record Number 674, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 90: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 90 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 88 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the RDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 604-E that was designated as TCACP Database Unique Record Number 677, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 91: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 91 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 89 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-1A/B that was designated as TCACP Database Unique Record Number 801, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 92: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 92 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 90 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-1C/D that was designated as TCACP Database Unique Record Number 803, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 93: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 93 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 91 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-201/202C that was designated as TCACP Database Unique Record Number 805, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 94: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 94 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 92 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-201/202D that was designated as TCACP Database Unique Record Number 807, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 95: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 95 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 93 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-203C that was designated as TCACP Database Unique Record Number 809, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 96: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 96 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 94 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment T-203D that was designated as TCACP Database Unique Record Number 811, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 97: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 97 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 95 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 107-CA/B/C/D/E/F that was designated as TCACP Database Unique Record Number 844, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 98: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 98 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 96 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 301-E that was designated as TCACP Database Unique Record Number 855, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 99: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 99 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 97 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-E that was designated as TCACP Database Unique Record Number 861, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 100: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 100 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 98 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 303-E that was designated as TCACP Database Unique Record Number 865, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 101: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 101 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 99 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 304-E that was designated as TCACP Database Unique Record Number 868, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 102: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 102 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 100 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 306-E that was designated as TCACP Database Unique Record Number 880, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 103: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 103 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 101 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 307-E that was designated as TCACP Database Unique Record Number 886, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 104: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 104 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 102 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 312-E that was designated as TCACP Database Unique Record Number 896, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 105: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 105 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 103 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 313-E that was designated as TCACP Database Unique Record Number 898, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 106: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 106 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 104 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 353-F that was designated as TCACP Database Unique Record Number 908, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 107: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 107 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 105 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-401 that was designated as TCACP Database Unique Record Number 945, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 108: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 108 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 106 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-F that was designated as TCACP Database Unique Record Number 1168, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 109: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 109 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 107 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-EA that was designated as TCACP Database Unique Record Number 1183, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 110: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 110 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 108 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 609-EA that was designated as TCACP Database Unique Record Number 1184, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 111: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 111 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 109 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 610-EA that was designated as TCACP Database Unique Record Number 1185, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 112: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 112 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 110 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 612-EB that was designated as TCACP Database Unique Record Number 1359, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 113: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 113 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 111 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201A that was designated as TCACP Database Unique Record Number 1384, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 114: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 114 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 112 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-201B that was designated as TCACP Database Unique Record Number 1385, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 115: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 115 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 113 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301A that was designated as TCACP Database Unique Record Number 1386, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 116: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 116 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 114 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-301B that was designated as TCACP Database Unique Record Number 1387, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 117: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 117 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 115 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-610 that was designated as TCACP Database Unique Record Number 590, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 118: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 118 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 116 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-611 that was designated as TCACP Database Unique Record Number 591, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 119: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 119 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 117 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-612 that was designated as TCACP Database Unique Record Number 592, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 120: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 120 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 118 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-613 that was designated as TCACP Database Unique Record Number 593, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 121: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 121 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 119 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-614 that was designated as TCACP Database Unique Record Number 594, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 122: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 122 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 120 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-615 that was designated as TCACP Database Unique Record Number 595, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 123: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 123 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 121 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-616 that was designated as TCACP Database Unique Record Number 596, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 124: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 124 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 122 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-618 that was designated as TCACP Database Unique Record Number 597, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 125: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 125 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 123 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-620 that was designated as TCACP Database Unique Record Number 598, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 126: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 126 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 124 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-622 that was designated as TCACP Database Unique Record Number 599, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 127: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 127 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 125 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-624 that was designated as TCACP Database Unique Record Number 600, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 128: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 128 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 126 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Oil Movement Control Center Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment TK-626 that was designated as TCACP Database Unique Record Number 601, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 129: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 129 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 127 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 105-E that was designated as TCACP Database Unique Record Number 1341, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 130: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 130 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 128 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 103-E that was designated as TCACP Database Unique Record Number 620, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 131: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 131 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 129 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation No. 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment V-1067 A/B that was designated as TCACP Database Unique Record Number 318, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 132: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 132 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 130 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-101 that was designated as TCACP Database Unique Record Number 362, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 133: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 133 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 131 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker B Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-201 that was designated as TCACP Database Unique Record Number 365, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 134: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 134 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 132 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-301 that was designated as TCACP Database Unique Record Number 371, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 135: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 135 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 133 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker VRU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-401 that was designated as TCACP Database Unique Record Number 384, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 136: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 136 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 134 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker C Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-316 that was designated as TCACP Database Unique Record Number 452, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 137: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 137 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 135 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-501 that was designated as TCACP Database Unique Record Number 460, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 138: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 138 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 136 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Distillate Desulfurization Unit 100 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-101 that was designated as TCACP Database Unique Record Number 472, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 139: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 139 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 137 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Distillate Desulfurization Unit 200 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-201 that was designated as TCACP Database Unique Record Number 484, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 140: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 140 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 138 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1/D-2 that was designated as TCACP Database Unique Record Number 518, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 141: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 141 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 139 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1/D-2 that was designated as TCACP Database Unique Record Number 519, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 142: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 142 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 140 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1/D-2 that was designated as TCACP Database Unique Record Number 521, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 143: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 143 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 141 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1/D-2 that was designated as TCACP Database Unique Record Number 522, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 144: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 144 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 142 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 409-E that was designated as TCACP Database Unique Record Number 554, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 145: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 145 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 143 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 475-E that was designated as TCACP Database Unique Record Number 555, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 146: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 146 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 144 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 501-E that was designated as TCACP Database Unique Record Number 556, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 147: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 147 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 145 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 801-F that was designated as TCACP Database Unique Record Number 569, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 148: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 148 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 146 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 803-F that was designated as TCACP Database Unique Record Number 571, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 149: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 149 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 147 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 804-F that was designated as TCACP Database Unique Record Number 572, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 150: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 150 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 148 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 813-F that was designated as TCACP Database Unique Record Number 575, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 151: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 151 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 149 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Hydrogen Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 816-F that was designated as TCACP Database Unique Record Number 577, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 152: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 152 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 150 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Pipestill 3A Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-E that was designated as TCACP Database Unique Record Number 610, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 153: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 153 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 151 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 200 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 201-E that was designated as TCACP Database Unique Record Number 685, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 154: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 154 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 152 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 200 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 206-J that was designated as TCACP Database Unique Record Number 698, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 155: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 155 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 153 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 300 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 301-E that was designated as TCACP Database Unique Record Number 704, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 156: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 156 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 154 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 300 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 306-J that was designated as TCACP Database Unique Record Number 716, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 157: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 157 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 155 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 400 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 401-E that was designated as TCACP Database Unique Record Number 722, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 158: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 158 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 156 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 400 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 406-J that was designated as TCACP Database Unique Record Number 734, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 159: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 159 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 157 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating 600 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 603-E that was designated as TCACP Database Unique Record Number 760, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 160: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 160 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 158 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment K-1A/B/C that was designated as TCACP Database Unique Record Number 798, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 161: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 161 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 159 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment K-2A/B that was designated as TCACP Database Unique Record Number 799, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 162: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 162 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 160 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 100-B that was designated as TCACP Database Unique Record Number 815, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 163: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 163 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 161 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 100-D that was designated as TCACP Database Unique Record Number 816, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 164: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 164 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 162 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-B that was designated as TCACP Database Unique Record Number 822, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 165: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 165 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 163 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-D that was designated as TCACP Database Unique Record Number 823, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 166: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 166 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 164 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 102-B that was designated as TCACP Database Unique Record Number 827, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 167: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 167 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 165 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 102-D that was designated as TCACP Database Unique Record Number 828, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 168: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 168 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 166 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment N/A that was designated as TCACP Database Unique Record Number 913, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 169: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 169 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 167 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-410 that was designated as TCACP Database Unique Record Number 962, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 170: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 170 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 168 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment N/A that was designated as TCACP Database Unique Record Number 974, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 171: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 171 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 169 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-E that was designated as TCACP Database Unique Record Number 1176, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 172: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 172 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 170 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 404-E that was designated as TCACP Database Unique Record Number 1295, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 173: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 173 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 171 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Fluid Cat Cracker 1 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment E-413 that was designated as TCACP Database Unique Record Number 1297, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 174: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 174 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 172 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-1 that was designated as TCACP Database Unique Record Number 1375, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 175: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 175 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 173 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-10C that was designated as TCACP Database Unique Record Number 1376, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 176: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 176 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 174 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Sulfur Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment D-10D that was designated as TCACP Database Unique Record Number 1377, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 177: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 177 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 175 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-E that was designated as TCACP Database Unique Record Number 319, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 178: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 178 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 176 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 604-E that was designated as TCACP Database Unique Record Number 320, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 179: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 179 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 177 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 610-E that was designated as TCACP Database Unique Record Number 321, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 180: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 180 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 178 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 612-E that was designated as TCACP Database Unique Record Number 322, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 181: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 181 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 179 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 612-EB that was designated as TCACP Database Unique Record Number 323, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 182: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 182 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 180 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-E that was designated as TCACP Database Unique Record Number 1176, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 183: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 183 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 181 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 611-E that was designated as TCACP Database Unique Record Number 1182, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 184: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 184 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 182 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-EA that was designated as TCACP Database Unique Record Number 1183, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 185: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 185 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 183 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 609-EA that was designated as TCACP Database Unique Record Number 1184, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 186: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 186 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 184 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 610-EA that was designated as TCACP Database Unique Record Number 1185, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 187: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 187 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 185 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Aromatics Recovery Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 612-EB that was designated as TCACP Database Unique Record Number 1359, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 188: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 188 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 186 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation Unit No. 3 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment V-1055; T-1003 that was designated as LOPA Action Item Recommendation Number R2008394-011, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 189: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 189 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 187 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation Unit No. 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment F-1001 that was designated as LOPA Action Item Recommendation Number R2008394-014, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 190: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 190 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 188 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation Unit No. 5 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment FV-1403 that was designated as LOPA Action Item Recommendation Number R2009347-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 191: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 191 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 189 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Alkylation Unit No. 6 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment C-1006 that was designated as LOPA Action Item Recommendation Number R2009347-003, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 192: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 192 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 190 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Cat Feed Hydrotreater Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2008772-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 193: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 193 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 191 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2007946-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 194: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 194 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 192 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2007948-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 195: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 195 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 193 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2007948-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 196: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 196 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 194 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Coker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2007949-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 197: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 197 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 195 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the DDU Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment DDU-100 that was designated as LOPA Action Item Recommendation Number R2008543-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 198: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 198 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 196 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 201-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009315-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 199: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 199 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 197 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2009315-003, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 200: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 200 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 198 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 201-E that was designated as LOPA Action Item Recommendation Number R2009315-004, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 201: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 201 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 199 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 202-B Hydrogen Heater that was designated as LOPA Action Item Recommendation Number R2009315-005, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 202: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 202 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 200 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment RV-031B that was designated as LOPA Action Item Recommendation Number R2009316-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 203: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 203 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 201 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 511-F that was designated as LOPA Action Item Recommendation Number R2009316-005, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 204: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 204 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 202 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 511-F, X01-E that was designated as LOPA Action Item Recommendation Number R2009317-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 205: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 205 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 203 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 596-F, 508-F that was designated as LOPA Action Item Recommendation Number R2209317-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 206: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 206 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 204 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2009317-004, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 207: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 207 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 205 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 501-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009317-005, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 208: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 208 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 206 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 502-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009317-006, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 209: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 209 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 207 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 516-F-A/B, 527-J compressor,527-JX that was designated as LOPA Action Item Recommendation Number R2009317-014, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 210: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 210 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 208 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JA that was designated as LOPA Action Item Recommendation Number R2009317-016, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 211: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 211 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 209 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JB compressor that was designated as LOPA Action Item Recommendation Number R2009317-017, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 212: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 212 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 210 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JC that was designated as LOPA Action Item Recommendation Number R2009317-018, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 213: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 213 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 211 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JD that was designated as LOPA Action Item Recommendation Number R2009317-019, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 214: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 214 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 212 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JE that was designated as LOPA Action Item Recommendation Number R2009317-020, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 215: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 215 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 213 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 527-JF that was designated as LOPA Action Item Recommendation Number R2009317-021, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 216: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 216 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 214 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 301-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009318-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 217: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 217 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 215 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 307-F that was designated as LOPA Action Item Recommendation Number R2009318-003, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 218: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 218 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 216 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 308-F that was designated as LOPA Action Item Recommendation Number R2009318-004, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 219: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 219 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 217 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 306-F,301-E that was designated as LOPA Action Item Recommendation Number R2009318-005, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 220: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 220 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 218 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 511-F, 301-E that was designated as LOPA Action Item Recommendation Number R2009318-006, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 221: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 221 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 219 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-B hydrogen Heater that was designated as LOPA Action Item Recommendation Number R2009318-007, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 222: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 222 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 220 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 302-B that was designated as LOPA Action Item Recommendation Number R2009318-008, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 223: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 223 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 221 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 401-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009319-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 224: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 224 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 222 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 407-F that was designated as LOPA Action Item Recommendation Number R2009319-003, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 225: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 225 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 223 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 408-F, 403-F that was designated as LOPA Action Item Recommendation Number R2009319-004, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 226: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 226 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 224 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 596-F/508-F that was designated as LOPA Action Item Recommendation Number R2009319-007, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 227: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 227 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 225 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 402-B Hydrogen Heater that was designated as LOPA Action Item Recommendation Number R2009319-007, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 228: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 228 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 226 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-J that was designated as LOPA Action Item Recommendation Number R2009320-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 229: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 229 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 227 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 602-F that was designated as LOPA Action Item Recommendation Number R2009320-003, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 230: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 230 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 228 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 607-E that was designated as LOPA Action Item Recommendation Number R2009320-011, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 231: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 231 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 229 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Resid Hydrotreating Unit Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 601-B Oil Heater that was designated as LOPA Action Item Recommendation Number R2009320-014, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 232: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 232 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 230 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the All TCR Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment that was designated as LOPA Action Item Recommendation Number R2007450-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 233: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 233 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 231 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 4 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-406 that was designated as LOPA Action Item Recommendation Number R2008063-001, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 234: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 234 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 232 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 5 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment PCV 4401A that was designated as LOPA Action Item Recommendation Number R2008063-002, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 235: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 235 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 233 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 6 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-402-B that was designated as LOPA Action Item Recommendation Number R2008063-0006, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 236: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 236 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 234 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 7 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-401A that was designated as LOPA Action Item Recommendation Number R2008063-0013, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 237: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 237 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 235 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 8 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-401B that was designated as LOPA Action Item Recommendation Number R2008063-0015, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 238: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 238 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 236 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 9 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-402C that was designated as LOPA Action Item Recommendation Number R2008063-0017, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 239: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 239 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 237 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 10 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-404 that was designated as LOPA Action Item Recommendation Number R2008063-0019, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 240: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 240 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 238 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 11 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment FCV 4428, B-404, FALL 4539A that was designated as LOPA Action Item Recommendation Number R2008063-0020, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 241: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 241 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 239 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 12 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-401B that was designated as LOPA Action Item Recommendation Number R2008063-031, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 242: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 242 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 240 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultraformer 13 Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment B-405 that was designated as LOPA Action Item Recommendation Number R2008063-043, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 243: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 243 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 241 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 103-B Furnace that was designated as LOPA Action Item Recommendation Number R2008104-255, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 244: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 244 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 242 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 103-B Furnace that was designated as LOPA Action Item Recommendation Number R2008104-256, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 245: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 245 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 243 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 100-D, 101-D, or the 102-D reactors that was designated as LOPA Action Item Recommendation Number R2008104-258, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 246: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 246 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 244 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JA that was designated as LOPA Action Item Recommendation Number R2008104-260, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 247: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 247 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 245 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JA that was designated as LOPA Action Item Recommendation Number R2008104-261, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 248: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 248 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 246 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 100-JD, that was designated as LOPA Action Item Recommendation Number R2008104-262, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 249: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 249 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 247 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JE that was designated as LOPA Action Item Recommendation Number R2008104-263, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 250: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 250 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 248 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JD that was designated as LOPA Action Item Recommendation Number R2008104-264, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 251: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 251 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 249 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JE that was designated as LOPA Action Item Recommendation Number R2008104-265, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 252: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 252 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 250 For a period of thirty (30) or more days, including thirty (30) days from September 22, 2009, the employer failed to fully address PSM Expert recommendation number PSM-48, also known as BP Products Index PHM-TCR-2006-005-048, and related recommendations, to implement the standard for Safety Instrument Systems (“SIS standard”), ANSI/S84.00.01-2004, entitled: Functional Safety: Safety Instrumented Systems for Process Industry Sector, as soon as possible. Implementation was required by the SETTLEMENT AGREEMENT In Re Inspection of BP Products North America, Inc. and its Successors, Inspection Nos. 308314640, 308314988, 308314632, 308316942, 308316322, 308316314, 308314996, 308315019, 308316751, signed September 22, 2005, and made part of the citations issued to the employer on September 22, 2005, and the Final Order resulting therefrom.

a. In the Ultracracker Unit, the employer failed to ensure mitigation of fire, explosion, and toxic hazards that the employer identified as “residual risk” for process equipment 101-JD that was designated as LOPA Action Item Recommendation Number R2008104-266, either identified as requiring additional residual risk reduction which was not allocated to a safety function, or was designated for a Safety Instrumented Function which was not implemented, i.e., installed and commissioned.

Pursuant to 29 C.F.R. 1903.19, the employer must submit documentation showing that it has corrected the violation. Within thirty (30) days, the employer shall submit an abatement plan that assures the identification of all equipment, systems, and critical processes where it needs to implement the SIS standard throughout the refinery, including but not limited to, the allocation of residual risk to safety functions which are SIS and non-SIS, i.e., other technology related systems or external risk reduction facilities. Additionally, the abatement plan shall specify dates by which the installation and operation of SIS, SIF, or non-SIS will be completed within one hundred and twenty (120) days from the date of this notice. Once the plan has been fully implemented, the employer must submit certification of its full compliance with this requirement. The penalty is calculated by multiplying a daily penalty of $7,000 by thirty (30) days, the period that the employer failed to correct the violation. Additional Penalty: $ 210000.00

Page 253: Notification of Failure to Abate Alleged Violations · Notice of Failure to Abate Alleged Violation Page 4 of 272 OSHA-2B (Rev. 9/93) Failure to Abate Item 2 For a period of thirty

U.S. Department of Labor Occupational Safety and Health Administration Notification of Failure to Abate Alleged Violation Original Inspection: 308314640 Inspection: 311962674 Original Inspection Dates: 03/23/2005 – 09/12/2005 Inspection Dates: 05/04/2009 – 10/29/2009 Issuance Date: 10/29/2009 Company Name: BP Products North America, Inc. Inspection Site: 2401 5th Avenue S, Texas City, TX 77590

See pages 1 through 2 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Notice of Failure to Abate Alleged Violation Page 253 of 272 OSHA-2B (Rev. 9/93)

Failure to Abate Item 251 For a period of thirty (30) or more days, including t