[BCNnet] IN-DEM helps BP avoid soot reductions

[Carolyn A. Marsh]

What:         Indiana Department of Environmental Management public hearing
on the BP Whiting Refinery air permit

When:       Friday, March 24, 20008

Time:         Informal question period at 5:30 p.m. and formal public
hearing at 6:30 p.m.

Where:      Hammond Civic Center, 5825 Sohl Ave., Hammond, IN (west of
Calumet Ave. at 158th)

Why:         BP expansion to refine tar sands oil from Alberta Canada, which
will increase air pollution to an already polluted region and threatens
boreal forest and boreal birds.

 

IDEM helps BP avoid soot reductions
(http://www.post-trib.com/news/833243,bphurry.article)

March 9, 2008

By Gitte Laasby Post-Tribune staff writer 

WHITING -- Approval of an air permit for BP is moving along faster than
environmentalists would like -- and faster than IDEM's normal standards --
with BP standing to gain. 

Environmentalists say IDEM's rushing undermines the public's opportunity to
comment and that it happens at the expense of public health. 

"This time frame is extremely rushed. It really is not a meaningful
opportunity for public comment. Just to read the documents is more time than
they've given us," Ann Alexander, senior attorney with the Natural Resources
Defense Council, said. 

When the Indiana Department of Environmental Management rescheduled the Feb.
25 public hearing on BP's air permit, it wasn't so much out of consideration
for a coalition of environmental groups that asked for more time to review
the thousands of pages in the permit -- although that's what IDEM has stated
in a news release. 

It was because IDEM failed to comply with state law when the agency first
publicized the hearing. State law requires a minimum of 30 days' notice.
IDEM provided only 20 days. If IDEM had not re-noticed the hearing, the
permit could have been successfully challenged at the state or federal
level. 

Although IDEM is not required to do so by law, the agency usually gives the
public about a month and a half after a hearing to submit written comments
on permits. This time, the public has just over a week. 

Timing vital for BP 

Time is of the essence in issuing the permit: BP relies on so-called
emission credits to avoid stricter requirements about reducing certain types
of pollution, including soot. But the credits expire on June 1. 

That means if IDEM had given environmental groups the two months extra they
requested, and the U.S. Environmental Protection Agency were to take the 45
days it is allowed to review the permit to make sure it meets Clean Air Act
standards, the credits would expire before the permit is issued. 

"Sadly, it just reinforces our whole feeling about a state agency charged
with protecting the environment. That's clearly not its intent, to fill its
agency function," Kim Ferraro, attorney with the Legal Environmental Aid
Foundation, said. "I would think it wouldn't matter to them that the
emission credits were going to expire in June. The most important thing is
they've done a thorough review and given the public opportunity to review
it." 

Alexander also was disappointed. 

"If what you're telling me is true and they're trying to get this under the
wire so BP can get this in at the expense that the public doesn't have
enough time to comment, we don't think that's appropriate," Alexander said. 

BP spokesman Scott Dean said BP did not ask IDEM to rush the permit. 

"Have we had conversations with IDEM on the process and timing? Yes. But
have we asked them to speed up the permit? No," Dean said. 

The Post-Tribune asked IDEM whether the agency set the short timeline in
order to help BP avoid having its emission credits expire, which would save
BP money on pollution control equipment. IDEM spokesman Rob Elstro replied
in an e-mail that the Post-Tribune "falsely implies that IDEM is not
complying with legal requirements." 

"The facts are that IDEM is obligated, by law, to issue permit decisions
within statutory time frames. The permit application for BP's proposed
project was received by our agency in November, and IDEM is allowed 120
days" by statute to issue its decision on the permit, Elstro stated in the
e-mail. 

IDEM gets another 45 days to issue the permit when it holds a public
hearing. The agency can extend the deadline to issue the permit if the
applicant agrees. 

The Post-Tribune also asked whether the hearing was rescheduled at the
request of someone at IDEM, the governor's office, the U.S. Environmental
Protection Agency, the public or the environmental coalition. 

"IDEM received many requests for additional time to review the BP permit
documents and we provided additional time for the public to participate in
the review process," Elstro replied. "IDEM is going beyond requirements in
providing time for public participation, as we comply with statutory
requirements for making a decision about the permit." 

Credits due to expire 

BP says it's spending $1.4 billion on environmental improvements, and the
emission credits are essential for BP to avoid spending more. 

The Whiting refinery earned its credits for reducing emissions of soot in
2003, earlier than it was required. But the credits expire after five years
because they're intended to ensure continued improvement. 

The credits allow BP to subtract the amount of pollution that the refinery
reduced in 2003 from what it is expected to emit in 2011. 

Without the credits, BP would be forced to offset any increases by
installing more sophisticated pollution control equipment or shutting down
some of the polluting units. The requirement now is best available
technology. 

"If the new standards are imposed on them, they have to get state of the
art, the best, whatever it is," Ferraro said. "There's a reason they
(credits) expire. That means we want companies to continue to reduce their
emissions. Trying to slide this permit in to take advantage of something
they did in 2003 doesn't help us here in 2008." 

Why the normal requirement to reduce pollution? Lake County has not attained
federal standards for fine particulate matter, or PM 2.5., which can collect
in the lungs and worsen asthma and cause premature death, according to the
U.S. EPA. To keep the problem from getting worse, new facilities and
facilities that make major increases in air pollution are required to offset
any increases. They do that by decreasing pollution elsewhere at the
facility. 

The law sets specific limits for what is considered a major increase. In
nonattainment areas, the limit is lower. Without the credits, BP's increases
in pollution would be large enough for the modernization to be considered a
major modification. But because the law allows BP to subtract its previous
reductions by using the credits, the oil company comes in below the
threshold for major modifications. 

"If they were not able to offset their emissions, they would be subject to
more stringent limits. They're trying to hurry this through," Ferraro said.
"It's very self-serving and that IDEM would allow that is very telling." 

Another element that makes time important is that the EPA has implemented
new pollution standards for PM 2.5. But the agency is still developing
guidelines on how states should implement the new standards, which is
expected to happen soon. 

When the guidelines are released, facilities predicted to emit major PM 2.5
increases will likely be required to install pollution control equipment to
abate the increases. Until the new guidelines are out, there are no such
requirements. 

Contact Gitte Laasby at 648-2183, 477-6012 or glaasby at post-trib.com 

How to comment 

The Indiana Department of Environmental Management will hold an
informational meeting at 5:30 p.m. followed by a public hearing starting at
6:30 p.m. Friday at the Hammond Civic Center, 5825 Sohl Ave, Hammond. The
public also has until March 24 to mail, hand-deliver or e-mail written
comments to:  

Indiana Department of Environmental Management 

100 N. Senate Ave. 

Mail Code 61-53 IGCN 1003 

Indianapolis, IN 46204-2251 

E-mail: mmoulik at idem.in.gov 

IDEM will provide a response to comments with the final permit decision to
those who provide their name with a valid address. The proposed permit is
available for public review on IDEM's Web site, www.in.gov/idem 

Timeline for BP air permit process 

2003: BP makes voluntary reductions in certain types of pollution, earning
emission credits valid for five years. 

Oct. 31, 2007: BP submits a new application for an air permit. 

Feb. 5, 2008: IDEM announces BP's air permit meeting and hearing on Feb. 25
via its listserv. 

Feb. 7: Legal ad announcing the meeting and hearing on Feb. 25 is scheduled
to run in the Post-Tribune, but an IDEM employee cancels the ad before it
runs. The law requires at least 30 days' notice. 

Feb. 8: IDEM reschedules the meeting and hearing, announcing via its
listserv that the event is now March 14. 

Feb. 11: A new legal ad runs in the Post-Tribune, announcing the meeting and
hearing on March 14. This time, the notice is 32 days in advance. 

March 14: Informational meeting and public hearing on the air permit. 

March 24: Deadline for submitting public comments on the permit. 

April 28: If IDEM had provided the normal 45 days for the public to comment
after the hearing, this would have been the deadline for submitting
comments. 

May 8: Deadline for EPA to comment on the permit to assure it meets Clean
Air Act standards. 

June 1: BP's emission credits expire. If the permit isn't issued before
this, BP will have to offset increases in pollution by implementing more
pollution control measures. 

June 12: If IDEM had given the public the normal 45 days to comment, this
would have been the deadline for EPA to comment on the permit to make sure
it meets Clean Air standards.

 

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