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Friday, August 24, 2007

Environment - "BP pledges no increase in Lake Michigan discharge limits at Whiting refinery"

Here is the word, as posted on the BP website, dated Aug. 23rd. It begins:

WARRENVILLE, ILL.- BP America today promised to operate its Whiting refinery to meet the lower discharge limits contained in the refinery's previous wastewater treatment permit.

"We have participated in an open and transparent permitting process with the State of Indiana and obtained a valid permit that meets all regulatory standards and is protective of water quality and human health. Even so, ongoing regional opposition to any increase in discharge permit limits for Lake Michigan creates an unacceptable level of business risk for this $3.8 billion investment," said BP America Chairman and President Bob Malone.

BP has obtained regulatory approval to increase average daily discharge limits for ammonia from 1,030 to 1,584 pounds per day and for total suspended solids (TSS) from 3646 to 4925 pounds per day to modernize the Whiting refinery and greatly increase the amount of Canadian heavy crude it can process.

During the next 18 months, BP will continue to seek issuance of other permits, continue project design and explore options for operating within the lower discharge limits. BP America notified the State of Indiana of its decision late yesterday afternoon and reiterated its dedication to the proposed refinery expansion.

An opinion piece today in the Gary Post-Tribune is titled "BP's decision results in winners all around." Some quotes:
There were a good number of winners Thursday when BP America announced it will not increase the amount of pollution it dumps into Lake Michigan.

Foremost among the winners are those who worked tirelessly for recession of the approval to allow BP to dump more ammonia and suspended solids into the lake from its Whiting refinery.

Those who rely on Lake Michigan for drinking water and recreation also were winners. And, the fish and the plant life that make their homes in Lake Michigan also were among the winners.

We, too, look upon BP as a winner for making a difficult decision. The company could have moved ahead with putting additional pollutants into the lake and still been within the bounds of state and federal discharge regulations.

In bowing to the pressure from environmentalists and politicians, BP could have abandoned plans for the $3.8 billion investment at the Whiting refinery. But, admirably, the company didn't -- instead saying it will work over the next 18 months to seek technical solutions so it can proceed with the expansion plans without adding pollutants to the lake.

There's no guarantee BP ultimately will proceed with the project, but a company official sounded optimistic.

"We are going to work hard to make this project succeed," said Bob Malone, BP America chairman.

It is important for Northwest Indiana that BP is successful, in terms of hundreds of construction jobs, as well as 80 permanent jobs.

Besides making a good corporate decision, BP also said there was a business risk in proceeding with higher pollution levels.

BP's decision shows that corporate America and environmentalists can work together. We applaud all involved.

Gitte Lasby writes today in the Gary P-T:
An environmental law judge has agreed to hear the appeal of BP's wastewater permit submitted by the Alliance for the Great Lakes. The hearing will take place Oct. 30.

Environmental groups and some legislators hope an appeal of the permit will prompt a review of how environmental laws are interpreted and implemented in permits.

Environmentalists have argued that the permit sets a "dangerous precedent" because it was the first time in years that a facility was allowed to increase its discharges into Lake Michigan. That, they say, goes against the Clean Water Act's intent of eliminating discharges to the Great Lakes over time. * * *

In a petition, the Alliance argued that the Indiana Department of Environmental Management denied the public the opportunity to appeal BP Whiting's wastewater permit when IDEM failed to notify people who commented on the permit that the final permit was issued.

State law requires IDEM to send commentors notification and information about the appeal procedure. If IDEM did not give proper notice, the Office of Environmental Adjudication -- which reviews IDEMs decisions -- could allow people to submit belated appeals. On Thursday, the agency agreed to hear the Alliance's case.

"The petitioner has stated sufficient facts to raise legal issues regarding whether a legal exception applies in this instance," Environmental Law Judge Catherine Gibbs said in a statement.

The Alliance, IDEM and BP have until Sept. 17 to submit briefs to the court. A judge will hear oral arguments on Oct. 30.

Max Muller of Environment Illinois said the permit flies in the face of the Clean Water Act and decades of work to clean up of Lake Michigan.

"As long as BP's discharge permit remains on the books in Indiana, it still sets the disastrous precedent of being the first in years to allow a company's increase in pollution into Lake Michigan.

"To ensure Lake Michigan's protection, the permit must be amended -- not just to hold BP to its pledge, but also to avoid setting the standard by which Indiana's Department of Environmental Management issues future permits."

See also this lengthy story from today's Chicago Tribune, written by Michael Hawthorne.

Posted by Marcia Oddi on August 24, 2007 01:17 PM
Posted to Environment