Friday, November 30, 2007

EPA Notifies BP Whiting Refinery Of Major Clean Air Violations

Nov 29: U.S. EPA Region 5 notified BP Products North America Inc. of alleged violations of multiple Clean Air Act (CAA) requirements at its Whiting, Indiana refinery.

EPA alleged that the BP Whiting refinery, located at 2815 Indianapolis Boulevard: (1) Failed to obtain a permit when it made major modifications to its fluidized catalytic cracking unit. The unpermitted modification caused significant increases of nitrogen oxide (NOx), sulfur dioxide (SO2), particulate matter (PM10), and carbon monoxide (CO) emissions. (2) Violated New Source Performance Standards (NSPS) by modifying flares without complying with requirements, exceeding SO2 emission limits, and failing to monitor emissions from several sources. The NSPS are national emission standards for new and modified industrial facilities that contribute significantly to air pollution. (3) Failed to conduct timely performance tests of hydrogen chloride emissions from its catalytic reforming units. BP has 10 days to request a conference to discuss the violations.

In late summer, following an intense public controversy with Congressional and EPA intervention regarding increased wastewater discharges to Lake Michigan, BP America announced that the same Whiting refinery would meet the lower discharge limits contained in the refinery's previous wastewater treatment permit [See WIMS 9/04/07]. BP had 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.

At that time, BP America Chairman and President Bob Malone issued a release saying, "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."

Access a release on EPA's CAA allegations (click here). Access a detailed Enforcement & Compliance history report on this facility (click here).

Tuesday, November 27, 2007

NWF Report On Climate Change and Great Lakes Water Resources

Nov 27: A new report by the National Wildlife Federation (NWF) indicates that global warming’s impacts on the Great Lakes will likely be exacerbated unless inadequate regional water laws are strengthened to prevent water diversion. The new report, Climate Change and Great Lakes Water Resources, warns that a warming climate is likely to reduce Great Lakes water supply while increasing water demand within the region. Further, as other regions suffer from water shortages and increased demand for water resources, they may look to divert Great Lakes water "to quench their thirst." Against this backdrop, the report concludes that the existing legal framework will not be enough to protect the Great Lakes.

Report co-author Noah Hall, an environmental law professor at Wayne State University Law School in Detroit said, “The Great Lakes are facing the one-two punch of global warming and water diversion. We have known for many years that existing laws are inadequate to protect the Great Lakes from diversions and overuse. Now we know that climate change is certain to put additional stress and pressure on the Great Lakes. Prompt passage of the Great Lakes Compact will go a long way toward mitigating the impacts of global warming while safeguarding a resource that millions of people depend on for their economy and way of life.”

Co-author Bret Stuntz, an attorney and geologist in Michigan said, “This report is a wakeup call. The threats are severe, and the solution is clear: The Great Lakes Compact is perfect for managing 20 percent of the world’s fresh surface water during a time of change in the region and across the United States.” NWF said the report comes as water shortages around the United States are increasing due to both insufficient water conservation policy and drought conditions, and as the specter of water diversion out of the Great Lakes has propelled the issue into the 2008 Presidential campaign.

Molly Flanagan, water program manager for the National Wildlife Federation’s Great Lakes office said, “Battles over water are not science fiction. They are occurring now in the United States and around the globe and they will only get worse. The Great Lakes region has an opportunity to be a leader in managing and protecting our water resources and to set an example for the rest of the country. We cannot afford to sit back and allow others to decide the fate of our Lakes. Now is the time to close the door on future water diversions and put our house in order by passing the Great Lakes Compact.”

The report synthesizes the latest peer-reviewed science on global warming impacts to the Great Lakes and finds that warming temperatures will likely lower lake levels, help invasive species take hold, and lead to more sewer overflows. It examines current legal framework for protecting the Great Lakes and concludes that they are uniformly inadequate. The report recommends enactment of the Great Lakes-St. Lawrence River Basin Water Resources Compact (Great Lakes Compact), as an important step in improving Great Lakes water resource policy to meet the challenge of climate change. Once approved by each of the eight Great Lakes state legislatures and consented to by the U.S. Congress, the Great Lakes Compact will become legally binding and provide for joint management and increased protections for the Great Lakes.

Thus far, Minnesota and Illinois have adopted the Compact. The New York Assembly and Senate have passed the Compact and the legislation awaits concurrence from the Assembly which may happen yet this year. NWF says that legislation is moving forward in Indiana, Pennsylvania and Michigan and positive momentum for the Compact is building in each of the Great Lakes states.

Access a release from NWF that includes quotes from various Great Lakes state conservation groups (click here). Access the complete 44-page report (click here). Access the Council of Great Lakes Governors website on Compact Implementation Status for further details (click here). Access the WIMS new Great Lakes Environment Blog for additional information (click here).

Saturday, November 24, 2007

Great Lakes Commission Advisor Newsletter Available

Nov 9: The current issue of the Advisor, the Great Lakes Commission newsletter, is now available online. Highlights of the current issue include: What's causing low levels on the Upper Lakes?; Recommitting to the GLRC; 2007 Annual Meeting coverage; Exploring new strategies for maintaining coastal infrastructure; and Perspectives: Making the Great Lakes a national priority.

Access the latest Advisor Newsletter (click here). Access links to previous issues (click here).

Hearing On U.S. Steel NPDES Permit Set For December 11

Nov 9: U.S. EPA Region 5 announced that it will hold a public hearing on December 11 at Indiana University Northwest on the draft wastewater permit for U.S. Steel Corp. Gary Works developed by Indiana Department of Environmental Management [See WIMS 11/2/007]. EPA Regional Administrator Mary Gade will chair the hearing. The purpose of the hearing is to listen to comments about EPA's objections to the draft permit. Comments will also be accepted on aspects of the draft permit not addressed by the objections. Written and oral comments will be accepted following a brief presentation by EPA. Comments may also be submitted in writing between November 9 and December 28, 2007.

The hearing will take place at Indiana University Northwest, Savannah Auditorium, 3400 Broadway Ave., Gary, from 3 to 5 PM, and 6 to 8:30 PM. Advertisements announcing the hearing will be published November. 9 in the Gary Post-Tribune, Northwest Indiana Times, Chicago Sun-Times and St. Joseph, Mich., Herald Palladium newspapers. The permit is for the steel mill to discharge into Lake Michigan, via the Grand Calumet River and Stockton Pond. The facility is the largest fully integrated steel mill in the U.S.

Access a release from EPA with details on submitting comments (click here). Access more information about the hearing, the draft permit and EPA's objections (click here). Access extensive information from IDEM on the permit (click here).