BP North America will have to pay $40 million for air violations at its Whiting Refinery in northwest Indiana — the largest federal penalty ever imposed for industrial air pollution.

Last week, Suncoke Energy announced it extended its agreement with Cleveland Cliffs to provide the company with more than 1.2 million tons of coke a year until 2035.

The U.S. Environmental Protection Agency sent a letter to IDEM warning the agency that if Indiana doesn't increase fees, the program could face a multi-million dollar deficit by the end of this fiscal year.

Instead of setting emissions limits for each individual smokestack, Waelz Sustainable Products wants to have one set of standards for the whole plant.

Coal plant closures and other factors have led to less air pollution in Indiana. While thats a good thing, it also means fewer companies are paying the air permit fees that keep the program running at the Indiana Department of Environmental Management.

The good news is, air pollution in Indiana and around the country has gone down in the past few decades. The bad news is, the fees that companies pay to pollute are what keeps the states air permitting program running. With less pollution, its struggling to stay afloat.

Both advocates and the Environmental Protection Agency have raised environmental justice concerns about the plant's location.

Last year, the Hoosier chapter of the Sierra Club won a lawsuit against the company for emitting too much particle pollution at its Whiting Refinery between 2015 and 2018. Exposure to particle pollution can cause heart attacks, aggravate asthma, and cause other heart and lung problems.

The Andersons Marathon Holdings LLC agreed to the fine as part of a settlement on Tuesday with the Environmental Protection Agency.

The penalty is part of a settlement Metalworking Lubricants Company reached with the U.S. Environmental Protection Agency and the Indiana Department of Environmental Management late last week.