Dr. Barnes Report on BP NPDES Permit Water Pollution Control Board December 12, 2007 - PowerPoint PPT Presentation

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Dr. Barnes Report on BP NPDES Permit Water Pollution Control Board December 12, 2007

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Dr. Barnes Report on BP NPDES Permit. Water Pollution Control Board. December 12, 2007 ... IDEM coordinated with EPA to ensure compliance with the Clean Water Act. ... – PowerPoint PPT presentation

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Title: Dr. Barnes Report on BP NPDES Permit Water Pollution Control Board December 12, 2007


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,
    2007attended 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 IDEMs 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 LakeRefinery 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 IDEMs 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 Affairshe 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_at_idem.in.gov
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