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Barnes Report on BP NPDES Permit

This report provides information on the BP NPDES Permit issued by IDEM in December 2007, addressing water pollution control measures and public engagement.

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Barnes Report on BP NPDES Permit

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  1. Dr. Barnes Report on BP NPDES PermitWater Pollution Control BoardDecember 12, 2007 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management

  2. BP Permit Public Outreach • IDEM considers all stakeholders when making a permit decision. We respond to all comments received and include the responses in the fact sheet before making the final permit decision. • In January, 2007, IDEM, EPA and BP commenced an extraordinary outreach to and consultation with the Northwest Indiana environmental community during the development of the final draft permit

  3. BP Permit Public Outreach • A public comment period on the draft permit was offered from March 16 to May 11, 2007. • A public meeting held in Whiting on April 26, 2007—attended by BP representatives, the environmental community and one citizen. • IDEM received and responded to comments from 46 people before issuing the final permit on June 21, 2007.

  4. BP Permit Public Outreach • IDEM coordinated with EPA to ensure compliance with the Clean Water Act. On April 5, 2007, EPA issued a written notice of no objection concerning the BP Permit. • The 18-day appeal period for the permit ended on July 9, 2007 and no appeal was filed within that period. The permit became effective August 1, 2007 and the permit expires July 31, 2012.

  5. BP Permit Media • Post Tribune Article stating that IDEM’s NPDES permit for BP did not require treatment. • Lee Botts wrote letter to the editor pointing out that the Post Tribune article was not correct • Sunday July 15 Article in Chicago Tribune “BP gets break on dumping in Lake—Refinery expansion entices Indiana”

  6. BP Permit Media • The July 15 Tribune article resulted in: • July 16 letters from Senator Durbin and Representative Emanuel of Illinois to EPA and others criticizing IDEM’s permit action. • July 19th Commissioner Media Availability re BP • House Concurrent Resolution #187 on July 26, 2007 “Expressing the sense of Congress regarding the dumping of industrial waste into the Great Lakes” • An EPA led August 15 “Great Lakes Summit” • Numerous petitions, letters, etc.

  7. BP Permit & Barnes Report • Governor Daniels Requested the Barnes Review on August 13, 2007 • Dr. Barnes is the former Dean of the School of Public and Environmental Affairs—he served USEPA both time Bill Ruckelshaus was the Administrator • Deputy Administrator • General Counsel

  8. BP Permit & Barnes Report • “Permit complies with existing regulations and the explicit requirements of state and federal law.” • “The wastewater discharge would not be expected to cause a violation of water quality standards or interfere with designated uses in Lake Michigan (including full body contact recreation such as swimming, maintaining the aquatic community, and drinking water supply).”

  9. BP Permit & Barnes Report • “The limitations in the BP permit are as demanding, and in several instances much more restrictive than, those issued by adjoining states to refineries.” • “With a flat ban on new or increased discharges of bioaccumulative chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of the Lake than the adjoining states…”

  10. BP Permit & Barnes Report • “Indiana should clarify its antidegredation regulations for Lake Michigan to make them easier for permit applicants and the public to understand and for the agency to apply.” • “By modifying the regulations to address the shortcomings that I identified, Indiana can readily provide a more transparent process with clear requirements for making antidegredation decisions…”

  11. BP Permit & Barnes Report • “The initial press reports that mischaracterized some of the material that BP is authorized to discharge as “sludge” created a misconception in the minds of many members of the public officials that does not accord with the actual facts in this case.”

  12. BP Permit & Barnes Report • “Knowledgeable observers in both the environmental and business communities gave IDEM and its commissioner, Tom Easterly, credit for cutting the backlog of expired permits and for their efforts to engage the public early in the permit process.”

  13. BP Permit & Barnes Report • In addition to the antidegredation demonstration, public concerns include: • The “Necessity” Decision • Mixing Zone/Diffuser • Mercury (especially the compliance schedule) • Monitoring and Reporting Requirements

  14. Future IDEM Actions • IDEM will process an antidegredation regulation • Will apply to entire State • Special protection for Lake Michigan • IDEM will require more documentation for Compliance Schedules • IDEM will not public notice a NPDES permit without an EPA non-objection determination

  15. Questions? Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 teasterly@idem.in.gov

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