On February 5, 2008, IDEM published notice of the public comment period and hearing for a combined air permit for BP’s Whiting facility. The combined permit provides for both a state construction permit and a Title V operating permit which required IDEM approval before BP could begin construction of its $3.8 billion expansion project at the Whiting plant. BP's stated purpose for expanding its facility is to refine more heavy crude oil from the Canadian tar sands and to increase motor fuels production by 1.7 million gallons per day.

IDEM’s notice triggered the standard 30-day public comment period and scheduled the public hearing for February 25th which improperly gave the public a mere 20 days notice of the hearing and to review the 6,410-page combined permit documents. Seemingly in response to numerous requests for an extension of the public comment period and hearing date, including LEAF's request on behalf of a coalition of organizations, IDEM extended the hearing date to March 14th and the public comment period to March 24th to correct its prior inadequate notice and to provide the required 30 day period for public comment.

Meaningful public involvement and careful review of the air permit was extremely important in light of the fact that the expansion project will build into the refinery for coming decades the use of dirtier crude oil that requires more energy to refine, has a much higher sulfur content (and consequently much higher concentrations of hazardous H2S and SOx), and will result in significantly increased emissions of greenhouse gases. Indeed, BP’s application requested increases in releases of sulfur dioxide, particulate matter and lead by 2011. In addition, BP expects its expansion project to increase the facility’s carbon dioxide emissions by 30-50% although carbon dioxide is not regulated under the permit.

Unfortunately, IDEM approved the deficient permits without requiring the facility to properly account for all emissions increases that will result from the expansion project thereby allowing the facility to avoid stringent emissions limits that would otherwise be required by the Clean Air Act. Consequently,  LEAF along with NRDC, ELPC and Environmental Integrity filed Administrative Review proceedings on behalf of Save the Dunes Council, Hoosier Environmental Council, Sierra Club and two individual petitioners who live in Lake County before Indiana's Office of Environmental Management.

Resources:

LEAF's request for an extension of the public comment period.

LEAF’s letter submitted to IDEM

IDEM’s Response to our request was unfortunately, disappointing. IDEM extended the public comment period only 13 days from March 8 to March 21 and did not bifurcate the public informational meeting date from the hearing date.

IDEM’s letter in response to LEAF’s request for extension

Citizen Info Sheet for Use at BP Hearing

The Full Testimony

Media:

LEAF’s attorney, Kim Ferraro, interviewed on Chicago Public Radio:

BP’s Back at It, Michael Puente, Chicago Public Radio

http://www.chicagopublicradio.org/Content.aspx?audioID=18378
 

New BP Permit Hearing March 14, Gitte Laasby, Post-Tribune

http://www.post-trib.com/news/785138,bpresked.article
 

Environmentalists upset about short time to review BP air permit, South Bend Tribune

http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20080301/News01/403151376/1013/Biz

DEM helps BP avoid soot reductions," Post-Tribune, Gitte Laasby (March 9, 2008)

"Fight To Halt BP Expansion In NW Indiana Continues," Copyright 2008, Sun-Times News Group

Media Reports on Public Hearing Quoting LEAF attorney, Kim Ferraro

http://www.post-trib.com/844105,bpair.article