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BY CHRISTINE KRALY
ckraly@nwitimes.com
219.662.5335 | Tuesday, May 13, 2008 | (32 comment(s))
INDIANAPOLIS | Two groups claiming a breach of environmental justice have called for a stop to BP Whiting Refinery's $3.8 billion expansion, according to the first appeal of BP's controversial air permit.
The Hammond-based Calumet Project and the Global Community Monitor faxed a petition for administrative review Saturday to the Indiana Office of Environmental Adjudication. The petition asks that expansion of the Whiting plant be halted to ensure the permit meets state and federal rules.
The groups argue the permit does not adequately protect low-income and minority residents from pollution.
A BP spokeswoman responded Monday that the company's permit has followed the letter of the law.
"Our air construction permit is valid," BP spokeswoman Valerie Corr said. "The permit underwent a thorough and rigorous review, and we believe it will stand up to scrutiny."
The Indiana Office of Environmental Adjudication has deemed the petition against BP's permit incomplete because the actual permit was not attached as required.
The office -- whose environmental law judges review Indiana Department of Environmental Management decisions -- is awaiting the arrival of the hard copy to take any action.
The faxed petition requests a temporary stay, meaning BP may have to shutter construction of the expansion project should a judge grant the delay, environmental law Judge Mary Davidsen has said.
The complaint alleges the Indiana Department of Environmental Management did not allow the public ample time to review the permit and states that the permit fails to protect nearby poor and minority residents. The petition claims the permit "illegally limited the public participation" by reducing the comment period by 12 days.
IDEM spokesman Robert Elstro responded, "IDEM, working very closely with U.S. EPA, firmly believes the final BP source modification air permit meets all applicable state and federal requirements."
A similar complaint has been filed with the U.S. Environmental Protection Agency, based on the federal agency's charge of ensuring environmental justice in its decisions, the petition notes.
BP began its expansion May 1, the day it received IDEM approval of its air permit construction.
The permit lets the refinery build or modify equipment, but environmentalists say it allows too many greenhouse gases and too little control of flare emissions.
Though such cases are rare, Davidsen said if an appeal is successful, BP could be forced to rip down what it has built.
In addition to the Calumet Project and the Global Community Monitor, other groups have expressed an interest in contesting BP's permit, including the Michigan City-based Save the Dunes Council, the Environmental Law and Policy Center and the Natural Resources Defense Council.
Concerned residents and groups can formally petition BP's air permit until Monday.
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Jim wrote on May 16, 2008 7:17 PM:
Right you are Sam wrote on May 13, 2008 7:40 PM:
Brian wrote on May 13, 2008 5:11 PM:
Sam wrote on May 13, 2008 2:53 PM:
informed one wrote on May 13, 2008 2:17 PM:
to G Davis wrote on May 13, 2008 1:36 PM:
question to Madharper wrote on May 13, 2008 1:26 PM:
G Davis wrote on May 13, 2008 1:18 PM:
all for the expansion wrote on May 13, 2008 1:00 PM:
Second - yes, it will affect you directly if BP moves or closes its refinery. Even though you may not be qualified to work at BP I am sure you know someone who lives in your neighborhood that does work at BP (I mean in this area - who doesn't). If BP closes your neighbor will not be able to afford his or her home than they run the chance of going into foreclose. Your property value will then decrease because of the foreclosure in your neighborhood. This would just be the tip of the iceburg. "
Deb wrote on May 13, 2008 12:57 PM:
And PEOPLE let them have their permits they are improving the area! If you remember how it smelled 10 year ago!
"
Homer Simpson wrote on May 13, 2008 12:57 PM:
Intellgence wrote on May 13, 2008 12:53 PM:
HEY TIMES, YOU LEFT THAT PART OUT, "BARE MINIMUM REQUIREMENTS" "
Madharper wrote on May 13, 2008 12:48 PM:
Michelle wrote on May 13, 2008 12:19 PM:
To G Davis wrote on May 13, 2008 12:17 PM:
all for the expansion wrote on May 13, 2008 11:56 AM:
Second - yes, it will affect the community and not just the workers at the refinery if the refinery closes. I am sure that even if you, G Davis, were not qualified to work at BP you know numerous people in your neighborhood that do work there. If the plant closes then the workers will not be able to afford their homes and this will more than likely lead to foreclosure, which in turn will lead to declining property values for the WHOLE neighborhood. So please do not comment unless you can make and EDUCATED opinoin. "
Hooray wrote on May 13, 2008 11:44 AM:
G Davis wrote on May 13, 2008 10:51 AM:
Common Sense wrote on May 13, 2008 10:48 AM:
nasty nate wrote on May 13, 2008 10:31 AM:
All it will do is let the refinery process more heavy crude from canada. Note that this will create more pollution then processing regular crude from the middle east. "
icowboy wrote on May 13, 2008 10:15 AM:
IndianaEscapee wrote on May 13, 2008 9:59 AM:
mmm koolaide wrote on May 13, 2008 9:41 AM:
Give me a Break wrote on May 13, 2008 9:39 AM:
Nick wrote on May 13, 2008 9:14 AM:
george wrote on May 13, 2008 9:05 AM:
What wrote on May 13, 2008 9:02 AM:
UR KIDDIN ME wrote on May 13, 2008 8:19 AM:
hooray wrote on May 13, 2008 7:43 AM:
Ironic wrote on May 13, 2008 7:22 AM:
Wet Hen wrote on May 13, 2008 6:31 AM:
If BP is spending 3.8 billion they should be able to figure out how to eliminate ALL pollution "
Gregg wrote on May 13, 2008 5:16 AM: