GLC Wants Pre-Proposals For Air Deposition Projects

Mar 15: The Great Lakes Commission (GLC) is requesting pre-proposals by April 16, 2010, to support the Great Lakes Air Deposition (GLAD) program for 2010. The purpose of the GLAD program is to safeguard the environment and human health from the adverse effects of atmospherically deposited toxic contaminants in the Great Lakes region. The program supports scientific investigation and the development of assessment tools to identify the magnitude, sources and impacts of toxic contaminant deposition within the region and to facilitate concerted and strategic actions to mitigate such impacts.

    Proposals should focus on contaminants of concern for atmospheric deposition in the Great Lakes region and should demonstrate a likelihood that the contaminant(s) being examined are depositing to the region's waterways from the atmosphere in a quantity that may cause adverse impacts to humans or wildlife.  Proposals must describe tangible benefits delivered to the Great Lakes states and how projects will assist the state agencies and their partners in taking informed actions toward assessing and reducing the occurrence and impact of atmospheric deposition of toxic substances. The 2010 Request for Pre-Proposals identifies priority project areas that are specifically targeted for the upcoming year.

    Access the GLAD website for links to the RFP and complete background information (click here).

Lana Pollack Nominated To International Joint Commission

Jan 29: President Obama announced his intent to nominate Lana Pollack, as a Commissioner on the International Joint Commission (IJC). Pollack was the President of the Michigan Environmental Council (MEC) for 12 years through the end of 2008 and is a former Democratic Michigan State senator (1983-1994). The IJC has three commissioners each from the United States and Canada and is designed to facilitate cooperation, resource protection and resolve disputes and treaty enforcement over boundary waters including the Great Lakes between the two countries. It assists the two countries in the protection of the transboundary environment, including the implementation of the Great Lakes Water Quality Agreement and the improvement of transboundary air quality

Pollack currently chairs the Michigan Natural Resources Trust Fund Board. She earned a BA in political science from the University of Michigan (U-M) in 1965, and an MA in Education from U-M in 1970. Pollack’s nomination must be confirmed by the U.S. Senate to become official.

Access an announcement and biography from the White House (click here). Access the IJC website for complete background information (click here).

EPA Responds To Groups' BP Whiting CAA Petition

Nov 25: U.S. EPA issued a Federal Register announcement [74 FR 61678-61679] announcing that the Administrator has responded to a petition submitted by the Environmental Law and Policy Center, Hoosier Environmental Council, Natural Resources Defense Council (NRDC), Save the Dunes, Sierra Club, Susan Eleuterio, and Tom Tsourlis (petitioners) asking EPA to object to an operating permit issued by the Indiana Department of Environmental Management to the BP Products North America, Inc., Whiting Business Unit (Whiting) [See WIMS 10/20/09]. According to the announcement, the Administrator granted the petition in part and denied it in part. Pursuant to section 505(b)(2) of the Act, a petitioner may seek in the United States Court of Appeals for the appropriate circuit judicial review of those portions of a petition which EPA denied. Any petition for review shall be filed within 60 days from the date the Federal Register notice, pursuant to section 307 of the Act.

Specifically, the Petitioners allege that: (1) The permit application lacks emission information and calculations critical for determining applicable requirements and setting appropriate limits and conditions; (2) the minor source permit fails to comply with New Source Review requirements because the project is a major modification when all project emissions are properly included; (3) the permit does not include applicable Best Available Control Technology and Lowest Achievable Emission Rate limits for flares and other sources; (4) BP and IDEM failed to conduct the proper greenhouse gas Best Achievable Control Technology analysis; and (5) the permit omits compliance schedules that Title V requires to ensure compliance with all applicable requirements, as supported by the Notice of Violation issued by EPA to BP for its Whiting refinery.

In part, the Administrator rules, "I find that the Petitioners have not demonstrated that the title V operating permit does not comply with the Act. Petitioners have failed to demonstrate that the BP Whiting facility is out of compliance with the requirements addressed in the NOV [Notice of Violation], and that the permit must include a compliance plan and schedule with regard to such requirements. I therefore deny the petition with respect to this issue."

Access the FR announcement (click here). Access the 8/19/08 petition (click here). Access the Administrator's response (click here).

Groups Focus On Great Lakes Ship Emission Standards

Oct 28: The Ohio Environmental Council and Great Lakes United have issued a release drawing attention to an intervention by Congress that they say would weaken a new rule proposed by the U.S. EPA to regulate exhaust emissions from ships in the Great Lakes and ocean ports [See WIMS 7/2/09]. The groups have produced two factsheets to better explain the rule and clear up misconceptions.

The first factsheet provides an overview of the standard, while the second counters dire claims being made by the Great Lakes shipping industry in an effort to exempt them from the rule. The groups said the new standard is an effort to clean up the dirty exhaust emissions ships release. Most commercial vessels are equipped with engines that consume some of the dirtiest fuel on the planet- producing higher levels of sulfur oxides (SOx), and particulate matter when burned. The emissions affect the health of those living near ports and coastlines, and can travel far inland. Children, people with heart disease, and the elderly are most at risk when they breathe this polluted air.

EPA estimates that when the new standard is fully in place it will prevent up to 32,000 premature deaths each year, with over 500 of those in the Great Lakes region. The groups indicate that as the proposed rule approaches finalization, "Wisconsin Representative David Obey, with the support of Minnesota Representative James Oberstar, struck a deal with the EPA to exempt 13 steamships from meeting the new exhaust emission rules and allow 13 additional C3 Lakers to petition for a waiver if they demonstrate serious economic hardship. The exemption is in the form of an amendment attached to the Natural Resources spending bill that covers the EPA budget for the fiscal year that began on October 1st." They said, "This is a disappointing turn of events, and appears to be a lost opportunity to improve air quality, protect human health, and reduce greenhouse gas emissions in the Great Lakes region."

The Great Lakes Maritime Task Force (GLMTF) issued a statement on October 28, saying it is "deeply committed to protecting the Great Lakes environment and appreciates the opportunity to work with the Environmental Protection Agency to ensure that the final implementation of this rule is fair, balanced, and reasonable." GLMTF represents vessel owners, cargo shippers, shipboard and shoreside labor, port authorities, shipyards, marine construction companies, and others operating on the Great Lakes.

GLMTF said, "We believe that a full understanding of the commercial vessels operating on the Great Lakes, their small environmental footprint, their large environmental benefits, and tremendous economic impact can result in a balanced approach that meets the needs of all. The EPA’s proposed regulation would have eliminated 25% of the U.S.-Flag Great Lakes within a few years. Even the Government of Canada has taken the highly unusual step of asking the EPA to undertake further analysis before proceeding with the Great Lakes portion of this proposed regulation lest 50 Canadian-Flag ships be put at risk. By closely examining the impacts and unintended consequences of over-regulating air emissions from vessels, the Great Lakes region can be protected without impeding our regional and national economic recovery. The U.S.-Flag Great Lakes fleet already burns cleaner fuel than that used by many of the world’s oceangoing vessels.

"We appreciate the effort of the Great Lakes Congressional delegation and Administration officials who crafted a solution that extends the useful lives of the thirteen U.S.-Flag steamships to 2020, when the .5 % sulfur standard is implemented worldwide. Vessel owners now have more time to make informed business decisions regarding the future of those vessels and explore other options to meet emission requirements. In particular, we thank Congressmen Dave Obey (D-WI) and Jim Oberstar (D-MN), who worked tirelessly to ensure that this regulation can achieve its goals without decimating Great Lakes shipping.

"We still must determine the best way to deal with the thirteen U.S.-Flag lakers that employ Category 3 compression-ignition engines. The regulatory flexibility extended to other industries and other fuel standards is appropriate for the Lakes Heavy industry needs affordable transportation of raw materials and so does the American consumer, otherwise neither will prosper. The potential economic impact of the proposed rule, if enacted as proposed, would have been just one more blow for a region already suffering record unemployment. . ."

Access a joint release and link to the two fact sheets (click here). Access EPA's Oceangoing Vessels website for extensive information on the proposed regulations (click here). Access the EPA docket for this rulemaking for background documents and reviewing comments (click here). Access the GLMTF statement (click here). Access the GLMTF website for more information (click here). Access a recent article by MinnPost.com covering various sides on the issue (click here).

EPA Accepts Some Petition Claims On BP's Whiting Air Permit

Oct 19: In response to a citizen petition on Indiana's air permit modification for BP's Whiting Refinery [See multiple WIMS], U.S. EPA announced that it has accepted some issues while denying others. In August 2008, the Environmental Law & Policy Center, Natural Resources Defense Council (NRDC), Hoosier Environmental Council, Save the Dunes and Sierra Club petitioned EPA to formally object to the State's modification of BP’s operating permit for an expansion project to refine high-sulfur Canadian crude oil.

EPA had reviewed the State's permit before it was issued and worked with Indiana to address several areas of concern. The permit modification was subject to public comment, but the Clean Air Act also provides an additional opportunity for the public to request that EPA review specific matters. Upon this further review, EPA agrees that IDEM did not adequately respond to public comment and that information on some of BP's emissions may have been omitted. Specifically, questions must be answered about emissions from flares, residual emissions from vessel depressurization, increased emissions from coking and coke drum depressurization, fugitive emissions from reduced sulfur compounds and emission factors to account for higher-sulfur crude.

EPA indicated that it did not conclude that the net emissions increase from the project trigger the major modification threshold. However, IDEM must fully respond to the specific questions raised by the petitioners and re-evaluate the emissions calculations for this project. If IDEM concludes that the threshold is triggered, any new requirements developed by IDEM to meet Clean Air Act requirements must be incorporated into the BP operating permit.

EPA denied the petitioners' claims regarding the venting of uncontrolled pressure relief valves, best available control technology for greenhouse gas emissions, and the need for a compliance schedule based on EPA's allegations. IDEM now has 90 days to reconsider, revise as appropriate and submit a proposed permit to EPA.

Access a release from EPA (click here). Access the EPA responding Order (click here). Access information from IDEM on the BP Whiting Air Permits (click here). Access a release from NRDC (click here).

$5 Million RFP For Atmospheric Deposition Network Operations

Jul 22: U.S. EPA's Great Lakes National Program Office (GLNPO) is requesting applications for an estimated $5 million in funding over five years for the management and operation of the Integrated Atmospheric Deposition Network (IADN) and to potentially conduct additional special studies and enhancements to IADN. Applications for the funding are due by August 17, 2009 by midnight, CDT.

GLNPO expects to make funding available for the management and operation of IADN October 1, 2009, to September 30, 2014, and for potential additional special studies and enhancements to IADN. EPA is requesting that applicants submit applications for up to $760,000 for Year 1, followed by four more years of funding, adjusted roughly for inflation, for an estimated total of up to $5 million over five years.

IADN is called for in Annex 15 of the Great Lakes Water Quality Agreement (GLWQA) and the Clean Air Act Amendments of 1990. IADN is a binational cooperative effort between EPA and Environment Canada aimed at estimating atmospheric deposition of Persistent, Bioaccumulative, Toxic substances (PBTs) to the Great Lakes. It is used as a platform for conducting research, monitoring, and surveillance activities to assess the atmospheric deposition of PBTs to the Great Lakes. IADN presently collects data on the deposition of toxic pollutants (PCBs, PBDEs, organochlorine pesticides, and PAHs) to the Great Lakes at 15 sites (5 in the U.S.) through wet and dry deposition and gas exchange.

Access links to the complete application and related background information (click here).

$1.2 million For Two Clean Diesel Great Lakes Marine Vessels

Jul 21: U.S. EPA Region 5 announced that it awarded more than $1.2 million to the Great Lakes Commission (GLC) to put cleaner diesel engines in two Great Lakes self-unloading bulk carrier marine vessels. Bharat Mathur, acting regional administrator said, "Investing in clean diesel projects in the Great Lakes region will protect public health, bolster the economy and create green jobs.These Recovery Act funds will move us one step closer to a clean energy future."

The funds are provided under the American Recovery and Reinvestment Act of 2009 (ARRA) National Clean Diesel Funding Assistance Program. Under this funding competition, EPA Region 5 alone received 81 grant applications requesting $211 million to help fund clean diesel emissions projects. The announced awards were chosen to maximize both economic impact and emissions reductions. ARRA allotted the National Clean Diesel Campaign a total of $300 million, of which the National Clean Diesel Funding Assistance Program received $156 million to fund competitive grants across the nation. ARRA also included $20 million for the National Clean Diesel Emerging Technology Program grants and $30 million for the SmartWay Clean Diesel Finance Program grants. In addition, under the Act's State Clean Diesel Grant program, a total of $88.2 million has been provided to states for clean diesel projects through a noncompetitive allocation process.

According to a release from GLC, four 30-year-old generators on two Great Lakes bulk carriers will be repowered next winter with cleaner, more fuel-efficient diesel engines with help from a $1.2 million federal stimulus grant recently awarded to the Great Lakes Commission. The grant will support a $1.6 million project to be carried out at a Wisconsin shipyard on two self-unloading vessels owned and operated by the American Steamship Company (ASC) of Williamsville, NY. The 900-horsepower diesel generator sets, two on each vessel, were original equipment on the 770-foot M/V St. Clair built in 1976 and the 1,000-foot M/V Indiana Harbor built in 1979. The units are used to supply electrical power to the vessels. The two ASC vessels operate primarily in the iron ore, coal and stone trades between Lake Superior and the lower Great Lakes.

Access a release from EPA with links to more information on ARRA and the clean diesel initiatives (click here). Access a release from GLC with further details on the project (click here).

Groups Outline Principles For A Sustainable St. Lawrence Seaway

Jun 25: To mark the 50th anniversary of the opening of the St. Lawrence Seaway (June 26, 1959), over 50 public interest groups from across the region have issued a report and are outlining seven principles to guide an environmentally sustainable future for shipping on the Great Lakes and St. Lawrence River. Jennifer Nalbone, director of Navigation and Invasive Species at Great Lakes United and lead author of the report said, “The opening of the Seaway took a devastating toll on the health of the Great Lakes ecosystem. If the shipping industry wants to be truly sustainable it needs to rethink how it operates on the Great Lakes. These seven principles provide the goal posts by which to measure that future.”

The report, A Better Seaway: Seven Principles to Guide Sustainable Shipping on The Great Lakes-St. Lawrence River, outlines the principles to address a broad range of environmental impacts, from invasive species to ice-breaking, to air emissions. While international vessels have been a focal point for many of the environmental impacts associated with shipping on the Great Lakes, particularly invasive species, the principles also address domestic operations.

The seven principles to guide a better Seaway are: Ships must not introduce or spread aquatic invasive species; Climate change is a real threat, and proactive steps must be taken to meet this challenge head on; Unnecessary and costly system expansion proposals must be abandoned; Air emissions should be cleaned up for shipping to truly be the cleanest mode of transportation in regards to air pollution; Work towards the elimination of all pollutants into the Great Lakes; Minimize ice-breaking, especially in sensitive areas; and Citizen engagement and industry transparency should become the norm in Seaway governance.

The report indicates that the University of Notre Dame estimates that the species that gained access to the region through the Seaway cost citizens, businesses, and cities in the eight Great Lakes states alone at least $200 million per year in damage to the commercial and recreational fishery, wildlife watching and water infrastructure. While exact economic data does not exist for the Great Lakes region in Canada, similar damages can be expected.

Access a release from the groups (click here). Access the Better Seaway website for links to the report, additional resources and information (click here). Access a list of the groups (click here).

BP Products Cited For CAA Violations

Jun 2: U.S. EPA Region 5 cited BP Products North America Inc. for alleged Clean Air Act (CAA) violations at the company's petroleum refinery at 2815 Indianapolis Blvd., Whiting, IN. According to a release, EPA alleges that for calendar years 2003 through 2008 BP failed to manage and treat benzene waste from the facility as required by the national emission standards for hazardous air pollutants. The facility's 2008 report showed that benzene waste was almost 16 times the amount allowed.

EPA said these are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company in Federal court. BP has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations. EPA indicated that benzene is known to cause cancer in humans. Acute health effects from benzene exposure can include dizziness and lightheadedness; eye, nose and throat irritation; upset stomach and vomiting; irregular heartbeat; convulsions and death. Ecological effects include death in exposed animal, bird and fish populations and death or reduced growth rate in plant life.

Access a release from EPA and link to additional information as it becomes available (click here).

RFP To Address Persistent Toxic Substance Deposition

Jan 29: The Great Lakes Commission (GLC) is requesting project proposals under its Great Lakes Air Deposition (GLAD) program. Pre-Proposals are due March 2, 2009. The purpose of the GLAD program is to safeguard the environment and human health from the adverse effects of atmospherically deposited toxic contaminants in the Great Lakes region. This program supports scientific investigation and the development of assessment tools to identifying the magnitude, sources and impacts of toxic contaminant deposition within the region and to facilitate concerted and strategic actions to mitigate such impacts. The funding available for the current year of the GLAD program is at least $600,000. Previously sponsored projects have ranged from $20,000 to $250,000, with a median of $120,000.

Proposals should focus on contaminants of concern for atmospheric deposition in the Great Lakes region and should demonstrate a likelihood that the contaminant(s) being examined are depositing to the region's waterways from the atmosphere in a quantity that may cause adverse impacts to humans or wildlife. Proposals must describe tangible benefits delivered to the Great Lakes states and how projects will assist the state agencies and their partners in taking informed actions toward assessing and reducing the occurrence and impact of atmospheric deposition of toxic substances.

The 2009 RFP identifies priority project areas that are specifically targeted to be addressed in the upcoming year: Impacts of atmospherically deposited toxic pollutants on Great Lakes wildlife; Effects of climate change on toxic deposition and bioaccumulation; Great Lakes Coordinated Science and Monitoring Initiative; Demonstrate the influence of remaining local, continental and controllable sources; Characterize emissions from burning of agricultural plastics; and Flame Retardants.

Access a posted announcement (click here). Access the RFP (click here). Access the GLAD website for additional information (click here).

Comments Wanted On Mercury Emission Reduction Strategy

Nov 19: The Great Lakes Regional Collaboration (GLRC) Executive Committee directed that a Great Lakes Mercury Emission Reduction Strategy be developed with a goal of producing institutionalized activities to sustain mercury emissions reduction from unregulated sources, and regulated sources with potential for additional reduction. The Strategy should produce recommendations for state action, or available options for state action. It also directed that the group developing the strategy, solicit input from stakeholders on an ongoing basis using the existing Great Lakes Binational Toxics Strategy mercury workgroup.

A workgroup was formed in April 2008 to develop the Strategy. The workgroup has made significant progress towards the development of the draft Strategy, including developing a detailed table of contents, developing a detailed discussion about mercury emission sources, and the criteria for selecting source sectors that will be addressed in detail in the Strategy. The Strategy Team is seeking input on documents developed so far including the criteria document, and the source sector document. Input would be most helpful if submitted by December 19, 2008.

The work group members selected source sectors based on the criteria communicated in the June 17, 2008 memo to stakeholders. Selection was based on the following criteria: Total emissions within the Great Lakes states; Potential for high deposition within Great Lakes Basin (due to speciation profile) or high local emissions impact (because of big individual sources); Current availability of measures to achieve reductions; and Potential for future emissions growth from the sector.

Sources were further evaluated based on the following criteria: Are mercury emissions from the sector already being adequately addressed?; Do states have the ability to achieve reductions beyond what will be accomplished through existing/forthcoming regulations/programs?; and Are there cost-effective opportunities for additional reduction?

Access a posted request for feedback and comment (click here). Access the draft outline (click here). Access the criteria document (click here). Access the source sector document (click here). Submit contributions and comments to Alexis Cain (click here); and to Deb Jacobson (click here). Access the GLRC Toxics Pollutants Initiative website for additional information (click here).

Alberta Oil Sands & The Great Lakes Basin

Oct 8: The Program on Water Issues at the Munk Centre for International Studies, University of Toronto held a conference today (October 8) entitled, How the Oil Sands Got to the Great Lakes Basin: Pipelines, Refineries and Emissions to Air and Water. A record of the conference proceedings, including questions and answers, will be uploaded to the Program on Water Issues website following the event.

The conference announcement indicates that refineries in the Great Lakes Basin are rapidly expanding to accommodate crude oil from the Alberta oil sands. The conference is intended to provide an opportunity, in a university setting, to inform public opinion about the impacts of refinery expansion in the Basin, drawing on data analysis, shared information and public discussion. Emphasis will be placed on the cumulative effect of refinery expansions on water quality, air quality and human and non-human downwind communities in the Basin. The conference will provide a bilateral opportunity for interactive public comment and dialogue from experts involved in a wide range of disciplines. The conference begins with a presentation of the Conference Paper by the author, journalist David Israelson. Panel members representing government, environmental sciences, law, non-government organizations, academia, industry and the business community will share points of view on issues relating to the refinery expansion.

Access the Program on Water Issues website for complete information (click here). Access the Conference Paper (click here).

EPA Amends BP Whiting CAA Violation Notice

Oct 2: U.S. EPA Region 5 has issued an amended notice and finding of violation to the BP Products North America for alleged Clean Air Act (CAA) violations at the company's petroleum refinery at 2815 Indianapolis Blvd., Whiting, IN. The action amends a notice and finding of violation issued to the BP Whiting refinery in November 2007 alleging BP violated the Clean Air Act by failing to get a permit when it modified one of its cracking units in 2005 [See WIMS 11/30/07].

EPA said it now has information suggesting that BP may have begun a project to process Canadian crude oil at the refinery in 2005 without the proper permit. BP received its construction permit for the project from the Indiana Department of Environmental Management on May 1, 2008 [See WIMS 6/2/08]. EPA notes that these are preliminary findings of violation. BP has 30 days to request a meeting with EPA to discuss resolving the allegations.

On July 9, 2008, the Natural Resources Defense Council (NRDC) filed a federal challenge to air permits given by the State of Indiana to the BP Whiting refinery. The case argues that BP and IDEM have not properly accounted for increases in dangerous pollution that will result from the refinery expansion [See WIMS 7/14/08]. NRDC is challenging the facility’s construction permits in the Hammond Division of the Northern District of Indiana Federal court.

Access a release from EPA (click here). Access information from IDEM on the Air Permits (click here).

NRDC Fights BP Air Permits in Federal Court

Jul 9: Natural Resources Defense Council (NRDC) filed a federal challenge to air permits given by the State of Indiana to BP’s controversial refinery in Whiting, IN [See WIMS 6/2/08]. The permits were recently awarded by the Indiana Department of Environmental Management (IDEM) despite significant concern from the public, environmental experts and elected officials. Ann Alexander, a senior attorney at NRDC said, “IDEM and BP did not learn their lesson after the public outcry over water pollution permits last summer. They had an opportunity to do things right this time, and they didn’t take it. The permits simply do not protect the public and do not live up to the law. The failure of Indiana and BP to take the public interest and the law seriously has forced the issue and required that this case be brought before the federal courts. . . In the ConocoPhillips case, the environmental review board at US EPA sent a message to oil refineries around the nation that it is time they clean up. We believe that the federal courts will support that precedent.”

The case argues that BP and IDEM have not properly accounted for increases in dangerous pollution that will result from the refinery expansion. The increased pollution requires that the refinery control its pollution more effectively, and operate under a more stringent, “major source” permit. NRDC is assisting as legal counsel in a similar case being brought by Indiana environmental groups in a state administrative forum. NRDC is challenging the facility’s construction permits in the Hammond Division of the Northern District of Indiana Federal court.

Access a release from NRDC (click here).

Illinois Dems Object To Indiana BP Whiting Permit

May 30: U.S. Senator Dick Durbin (D-IL) and Representatives Rahm Emanuel (D-IL), Melissa Bean (D-IL), and Jan Schakowsky (D-IL), urged the Region 5 U.S. EPA Acting Administrator, Bharat Mathur to object to a permit for BP for its Whiting, Indiana refinery expansion that would allow to increase the levels of carbon dioxide and other emissions above previous levels. The permit refinery expansion was issued on May 1, 2008 by the Indiana Department of Environmental Management (IDEM) to BP. On November 29, 2007, EPA Region 5 notified BP Products North America Inc. of alleged violations of multiple Clean Air Act (CAA) requirements at its Whiting, Indiana refinery [See WIMS 11/30/07].

The Illinois Democrats wrote to Mathur saying, “Increased carbon dioxide emissions at Whiting remain a major concern for us. Comments submitted by environmental organizations and others have raised this issue and ways in which it should be addressed in the permitting process. In particular, we have concerns regarding the issues of flaring and the increase of carbon dioxide and other emissions above the previous permit levels. We strongly encourage you to revisit those issues and object to the permit until IDEM and BP have rectified these problems.”

The Illinois members are primarily concerned with IDEM’s position that unplanned flaring does not have to be taken into account when issuing permits under the Clean Air Act. The permit allows BP to operate three new flares and increase the use of some existing flares. Refinery flaring is an enormous source of carbon dioxide and other emissions and there is little doubt that flaring events will occur in emergency and other situations at the expanded refinery site in Whiting. Yet, the permit issued by IDEM earlier this month essentially assumes that the new flares will, for the most part, never be used.

In their letter the Members say, "As a related matter, we are concerned with the failure of the draft operating permit to include a schedule of compliance as required by the Clean Air Act addressing the violations set forth in Region 5’s November 2007 Notice of Violation. We are informed that USEPA has recently taken the position that permitting and enforcement are separate matters, and that permit violations therefore need not be addressed in a Title V permit schedule of compliance. However, Section 503(b)(1) of the Clean Air Act expressly requires that Title V permit applicants “submit with the permit application a compliance plan describing how the source will comply with all applicable requirements under this chapter.”

Access a release from the Members and the complete letter (click here). Access a detailed EPA Enforcement & Compliance history report on this facility (click here). Access extensive detailed information on the BP Whiting air permit from Indiana DEM (click here). Access the BP Whiting website for additional information (click here).

Presque Isle Bay AOC Air Deposition Study

Jan 15: Presque Isle Bay near Erie, Pennsylvania, is one of 43 locations around the Great Lakes region to have been designated an “Area of Concern” by the International Joint Commission (IJC), indicating that past use and contamination of the bay has led to impairments on the ability to fully use the bay for beneficial purposes. Presque Isle Bay has become the first of these 43 areas to be re-designated as an “Area of Recovery,” indicating that the bay’s management committee has determined that allowing a natural recovery -- rather than an active remediation project -- is the best course for bringing the bay back to full health. Local, state and national officials are therefore working hard to eliminate remaining sources of pollution to the bay and determine how long a wait is needed until the bay will return to health on its own.

Although historical pollution of the bay was largely through industrial discharges directly into the bay’s waters, the great majority of such releases have now been eliminated. However, large amounts of some toxic substances may be entering the bay -- and Lake Erie to which it connects -- by depositing from the atmosphere. If chemicals are entering from the atmosphere at a significant level, it could significantly affect the time it will take for the bay to recover and for pollution levels in the bay’s sediment to decrease.

Among the primary contaminants causing concern in Presque Isle Bay are a group known as Polycyclic Aromatic Hydrocarbons, or PAHs. Unlike some persistent chemicals that can be transported across the globe in the atmosphere, PAHs are degraded quickly enough in the atmosphere that most deposition of these chemicals is likely to come from relatively local (within a few hundred miles) sources.

To determine the amount of these chemicals entering the bay, a study has been undertaken by a research team at Gannon University, led by Dr. Michelle Homan and Dr. Weslene Tallmadge, sponsored by the Great Lakes Commission’s Great Lakes Air Deposition (GLAD) Program. The results of the study allowed the research team to make some preliminary assessments of the relative importance of various sources to the PAH concentrations and deposition to the bay. Activities are now underway to collect additional sampling data, which is needed to improve the results of the source identification work.

Access a posted announcement of the project with links to additional information (click here). Access details on the project including a summary report and the complete final report (click here).

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).