Group appeals BP Whiting refinery permit, plans to sue company

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BY CHRISTINE KRALY
Times Staff Writer
(219) 662-5335 | Monday, May 19, 2008 | 66 comment(s)

BP's Whiting refinery and its controversial air permit face new appeals and a possible federal lawsuit.

The Natural Resources Defense Council is filing a challenge to the refinery's air permit and plans to sue BP in federal court for Clean Air Act violations, the group said Monday.

The NRDC filed a petition for administrative review Monday with the Indiana Office of Environmental Adjudication on behalf of the Save the Dunes Council.

The Office of Environmental Adjudication reviews decisions made by the Indiana Department of Environmental Management.

In a statement issued Monday, Save the Dunes Executive Director Tom Anderson said, "We are extremely disappointed to have to take this step, but IDEM's unwillingness to address the environmental community's concerns has forced our hand. This is about protecting public health and ensuring that the communities around this facility are not subjected to more air pollution than the law allows."

Ann Alexander, senior attorney for the NRDC, said, "We will support the local environmental organizations in the Indiana proceeding, but since we're a national organization, we thought it best to make our own case in the federal forum. We wish none of us had to spend our time this way, but the state has forced us all to continue to fight by failing to fix the serious legal problems we identified in our comments, or even respond meaningfully to them."

The petition for administrative review is being filed by Save the Dunes; Hoosier Chapter of the Sierra Club, represented by the Washington, D.C.-based Environmental Integrity Project; Hoosier Environmental Counsel, represented by Legal Environmental Aid Foundation with Environmental Law and Policy Center; and two individual petitioners.

BP began construction on its $3.8 billion expansion plan earlier this month, after it received its air permit construction approval from IDEM.

Several people and groups have lashed out against the permit, under which the refinery would decrease emissions of four pollutants but would hike sulfur dioxide, particulate matter and lead. The first appeal of the permit came last week from the Calumet Project and the Global Community Monitor. The groups claimed that the permit fails to protect the minority and poor residents living near the refinery.

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Please note: The following are comments from readers. In no way do they represent the views of The Times or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service

Common Sense wrote on May 26, 2008 10:20 AM:

" Electrician's Wife: I fully support your desire to stay home with your kids. Far too many people who make a very good living drop their kids off at a stranger's house so they can work to afford the summer home, the jet ski's, the 345-inch plasma hi-def TV, new 4x4 pickup truck with all the bells & whistles, the $1,000 stainless steel grill, etc. Good for you. And I agree the BP expansion will allow you to continue to do so as long as this will (should) provide your husband with a steady job and good income for the next 3-4 years! Go BP! "

electricians wife wrote on May 25, 2008 12:35 PM:

" To whomever you are that doubts my loyalties as a mother my response to you is that I do hold a Bachelors degree and have worked and saved enough money in the 5 years that I worked to stay at home with my kids for a few years. Because my first child became very sick due from being in daycare I vowed if we had another child they would not be exposed to a daycare setting. I WILL be going back to work in the next year, but it will have to be sooner if this project at BP falls through. I am just one mother who enjoys spening time with her healthy children, because they are healthy due to my staying home with them and not putting them in a daycare!!! To those complaining about the air quality and pollution, why not move? Is someone forcing you to stay where the air is bad and the schools are below the national average? "

CJ Dunnaway wrote on May 24, 2008 3:45 PM:

" When a person or group deem an injustice is being committed the legitimate forum for resolving the issue is through the American judicial system. If you don't agree with that system perhaps you should move to a country where that recourse isn't an option. "

RudeDude wrote on May 24, 2008 12:21 PM:

" The NRDC should pick up the tab on extra money their whining is going to cost us at the pump. "

RE Electricans wife wrote on May 24, 2008 11:24 AM:

" Electricans wife, Your argument is that you want to stay at home with your children, and the only job that your husband can find(in his field)is the one that B.P provides. Well my answer to you is, it looks as if you need to get a job or an education!!! If I had to choose between me going to school & getting a job so my children can live in a somewhat(HA,HA) "healthy enviornment" without getting cancer, I would choose going to school & getting a job to help my families economic situation!! I think ANY parent would choose their childrens health over their CHOOSING to be a stay at home mom!! "

Jim wrote on May 24, 2008 11:21 AM:

" Maybe you right-wing sheep should take a tour of the steel mills, refineries and chemical plants in the area, better yet, work there and do some of the jobs that workers have too! Deal with asbestos, lead and toxic chemicals on a daily basis! I can tell you, on a first hand basis, any reduction of pollution, still, isn't enough! "

To Jobs wrote on May 24, 2008 8:27 AM:

" You must be a union trades worker. During your apprenticeship they never thought you anything about science or biology. It's a fact that incresed industrial pollution causes cancer and other diseases. "

We can install wind and solar wrote on May 23, 2008 6:04 PM:

" We can mortage our investment in wind and solar just like we do with our cars and houses. First we have to get the IURC to allow us to sell the extra power we make back to NIPSCO for close to what they sell it to us. Then we can pay off our investment much faster and actually make money on our investment. "

The Truth wrote on May 23, 2008 1:35 PM:

" The problem is that you cannot believe either side. The environmentalists are sometimes extreme and the companies are out to make a profit. "

To Re Jobs wrote on May 23, 2008 1:33 PM:

" An when their are no jobs to provide health insurance for what you think MIGHT happen? Who pays for that? "

Re. Jobs wrote on May 23, 2008 12:02 PM:

" " Is B.P. going to provide medical care when people start getting sick from the increased pollution"? "

RE Jobs wrote on May 23, 2008 11:31 AM:

" " Is B.P. going to provide medical care when people get sick or die from the increased pollution ?"
"

Cancer Asthma everywhere wrote on May 23, 2008 8:03 AM:

" It doesn't take much research to find that our area is at the top of the list in diseases including cancer, asthma, autism and others. Just because you haven't realized the problems of living in a toxic cesspool yet, doesn't mean others haven't. We want that to change because it doesn't need to be this way. It's this way because oil and coal want it this way! "

Save the Dunes wrote on May 23, 2008 12:03 AM:

" Maybe after we save the dunes, we can turn it into an outdoor homeless shelter during the winter months. "

Wind Solar wrote on May 22, 2008 11:56 PM:

" Could an average citizen afford to install wind and solar technology. "

Jobs wrote on May 22, 2008 10:22 PM:

" Is the Nat'l Resources Defense Council going to provide jobs when BP pulls out of this area? "

Just a cause wrote on May 22, 2008 10:19 PM:

" Although I understand the ramifications of companies being allowed to "pollute as they please," I still question that validity of the claims of this environmental group. Is this as bad as they are portraying, or is it just another cause to protest? "

Mass Transit wrote on May 22, 2008 2:18 PM:

" MASS TRANSIT...HERE WE COME. "

move forward wrote on May 22, 2008 2:18 PM:

" People continue to talk about the negatives of mass transit as the people are paying over $4/gallon for gas. "

Been Breathing it long wrote on May 22, 2008 2:02 PM:

" Been breathing the air and drinking the water my entire life, an have my ancestors. My guess is that our genetics have already adapted. Build the darn thing ... can't make it any worse and I'm betting the new technology they'll employ will actually improve things. "

Ogden Dunes wrote on May 22, 2008 10:50 AM:

" Why should we let BP & NIPSCO profit from producing fuel and energy? We could all profit by installing wind and solar technology. We could pay off our investments quickly and begin making profits if we are able to sell it to others. Will we be allowed to? Not with BP and NIPSCO running the show. "

local wrote on May 22, 2008 7:18 AM:

" The jobs due to the expansion are desperately needed. These protest group people,alot of who live in Beverly Shores,Ogden Dunes,Dune Acres,etc.could care less about working people struggling to make it. They have their piece of lakefront and want to change the industry that has been here for over 100 years.Save the dunes? For who? Just try going to the beach in any of these communities or getting past the guard shack "

Whats their plan wrote on May 22, 2008 7:11 AM:

" I'd like to see the plan the envirowackos will agreed to that also preserves jobs and assure the facility will be profitable enough to remain open and viable. What's their solution? Other than gaining the spotlight and getting attention, what WILL they be comfortable with? My sense and experience is NOTHING... "

Comment wrote on May 22, 2008 12:01 AM:

" What is a good economy worth if you don't have your health. Obviously a balance is needed between the economy and the environment, but the actions by the environmental groups is not radical by any means. If many of you understood the science behind the negative health effects from the extra emissions, you would be more inclined to see both sides. "

To Grow Up wrote on May 21, 2008 11:52 PM:

" Reply to "Grow Up". In order to change the law one must set a precedent in the court of law. Often, this occurs as a result of a ruling on a case such as this where a change is realized. Therefore, the proper avenues are being taken by the plaintiff's. "

Re Reality is wrote on May 21, 2008 2:20 PM:

" Good job,You hit it right on the head but most people are in denial and think you are crazy. They don't want to belive what is going on and agree with whatever the Neocons say and agree to give them a mandate for whatever they want to do!The price of past gas will never return because they know Americans will psy the prices with very few questions asked! This is the reason this country is in the shape it's in and may not make it!The Neocons have Americans right where they want them, Because they always look out for our intrest!And it is for our own good!I'm suprised nobody accused you of being off medication!I find when you speak the truth the sheeple use that excuse for comments that they don't want their brain washed minds to think about!And there will be $10 Dollar a Gallon Gas in our future no matter what! "

Grow up wrote on May 21, 2008 2:13 PM:

" For those of you bashing the environmentalists hopefully life threatening cancer is not far off for you. For the environmentalists, your fighting a loosing battle! Give it up! Work on changing the laws not tying up companies who are within the law! "

Re Bob Dole wrote on May 21, 2008 2:08 PM:

" No wonder why you never made it to the White House.The Oil Barons are making record profits every quarter! When you make $7 Billion profit for 3 months those are not low profits.But of course they have you brainwashed also agreeing with everything they do!So they continue the mandate people like you gave them to rape the average consumer!The Neocons are proud of Chumps like you! "

Brian wrote on May 21, 2008 1:36 PM:

" Why is it that the Times and the Post-Tribune are alway publicizing these radical environmentalists? Why won't they do an aritcle on some people or groups that are for this expansion. How about interviewing the USW union leadership or somebody that is tired of paying so much for gasoline? Do these publications have an agenda against this expansion? Let me here you readers if you agree with me. Enough is enough. "

electricians wife wrote on May 21, 2008 9:21 AM:

" I just want to say that my husband has been working at BP for almost 3 years now as an electrical contractor, it is the longest he has been with one company in his career. We rely on his income for all of our needs as I am a stay at home mom with two little ones...the permit these tree huggers are contesting has been approved..leave it alone, go find another cause to back. If the region loses this project it will cost many more people their livelihood and their homes. Listen to the concerned citizens of the cities that BP surrounds and you will find that most want the project to move forward as it will only help their city. Please do not let BP move this project to another refinery!!! "

Long Overdue wrote on May 20, 2008 6:57 PM:

" To my friend that commented "Hey long overdue" Thank You for confirming both my point in your statement . Yes if those gases we both know about are released not only are we dead but whomever is in its path(Whitting,Chicago ect). Second the open piles of asbestos are next to the wash out pits for the concrete trucks.Want pictures?
And third as for ignoring stupidity I will be glad to ignore you. keep your head in the sand. and oh yea when the gas releases calmly walk into the wind. "

Reality is... wrote on May 20, 2008 12:34 PM:

" "The price of gasoline has never been higher,with many Americans feeling the pinch on their wallets. But not those who own stock in oil companies.

As soaring gas prices have turned into massive profits for big oil,the shareholders of these companies are cashing in. And if you own a mutual fund,that may even be you.

BP yesterday reported a staggering 63 percent surge in first quarter net profit to $7.6 billion, and Royal Dutch Shell posted a 25 percent increase to $9.1 billion. Last week,ConocoPhillips reported a 16 percent rise in net income to $4.1 billion." -ABC News 4/30/08

"ConocoPhillips is the third-largest oil company in the United States. Forbes Magazine reported Mulva was paid $16 million last year and was given about $190 million in stock options if he leaves the company." - ABC News 5/08/06

Ummm... forgive me if I don't cry for them. When so many companies are failing in light of the inflated prices of their product while they are raking it in, I have a hard time finding any sympathy for these "poor little rich boys".

I stand by my earlier statements.

"

Bob Dole wrote on May 20, 2008 10:56 AM:

" Record-breaking profits? The oil industry yearly makes between 5 and 7 percent profit. That's not record-breaking. That's low. Low by all business standards -- especially given the need for quick monetary turnover driven by high trade volumes in the commodities markets. "

Reality is... wrote on May 20, 2008 10:34 AM:

" The sad reality is that improving this refinery isn't going to change the gas prices. Greed drives the gas prices,not supply and demand. The oil/gas companies are making record-breaking profits while we are getting squeezed. It's called a scarcity economy,caused by "fear of lack" & the corporate giants playing that fear. 100 years from now, when the air there is unbreathable and the water is toxic, we won't be glad we tried to save a couple cents on gas, but be sorrowful that our greed & inability to look beyond our own selfish needs has left us in such a horrible state. Indiana will continue the brain drain because the people who do look to the future and their children's future prefer it not be smog choked... If you want to change things, write the company, write your congressman, write anyone BUT IDEM. It's a nice idea, but your cries fall on deaf ears. I am not a tree hugger who doesn't get it, I commute 50 miles/day,I make less than 25000 yearly but would rather pay more now and drive carefully so that my son and grandchildren have the opportunity to be stewards we forgot to be. "

Tree Hugger wrote on May 20, 2008 7:21 AM:

" BP is following the regulations present in the Clean Air Act. Spending energy protesting this permit is taking a Band Aid approach to a much larger problem. We need this expansion because of our ever-increasing appetite for oil and energy. Want to really make a difference? Push for higher fuel economy standards on automobiles. Demand government action on efficiency so we don't need to produce as much oil, electricity, and natural gas. I hate to say it, but the high cost of fuel now is probably a case of short term pain for long term gain - hopefully it will force us to become more efficient. Supply is finite - control demand. "

kids and family wrote on May 19, 2008 8:48 PM:

" If you really cared about your kids and family you'd consider providing them gainful employment in the place you raised them! Oops, I'm bad - pehaps you'd envisioned their future career in the park service...THINK!!! "

mike from munster wrote on May 19, 2008 7:42 PM:

" Where was all of this concern about 3 years ago, when BP began discussion on the expansion? "

local wrote on May 19, 2008 7:12 PM:

" i dont understand people... bp is wanting to build this canadian crude project to help out. they are reducing emissions with this project. they are going to make more gas here too. if you do some research you will see that the U.S. imports 13% of its gas from other countries. why?? because we dont have the refinery capacity for our needs. this will help us out!! all i ask is that people out there do some research before putting the blame of air pollution on one and only one company. all industry pollutes, but many are WAY worse than BP, the steel mills, and even our neighbor Chicago. heck they dump raw sewage into the lake!! look in the sky above the mills, see anything? i do every day!! please do research, then complain when you have info to back it up. "

Overdue wrote on May 19, 2008 3:33 PM:

" What overdue is the jobs this will bring to the region. Explain your position to the local union laborers who need the jobs to feed their families and pay their mortgages. "

Dont Your Understand wrote on May 19, 2008 3:32 PM:

" With our economy in decline the $ 3.8 BILLION this project pumps into our local economy is gonna save our skins. Certainly, we need to make certain BP is complying with the law, but this is no time to grandstand slowing progress on this vital project. "

Intellegence wrote on May 19, 2008 3:30 PM:

" Of course, they don't want to spend the money on emmissions control. DUH. like any greedy company. "

BP Worker wrote on May 19, 2008 3:27 PM:

" BP has done everything they feel would help people understand the need for this new unit at the Whiting Refinery. As an employee I can tell you BP takes the environment and their neighbors very seriously. They give their support to each of the neighboring cities (East Chicago, Hammond, and Whiting) by donations and community volunteering.
If you are looking for the "polluters" in NW Indiana and surrounding areas, look at the Steel Mills and the City Of Chicago who dump a lot more "garbage" into Lake Michigan each year than BP. "

Lions Tigers Bears wrote on May 19, 2008 3:17 PM:

" Lions and tigers and bears, oh my. If it's the toilet that you describe, then why is it considered the greatest, most prestine source of potable water on the plant? You make it sound like Lake Erie in the 70's. Go back to your dune and worship something. "

Hey long overdue wrote on May 19, 2008 3:16 PM:

" Why do you make up stories about the refinery? First, every refinery/chemical plant in the nation trains their workers to move up wind away from any fire or release. No one has ever told you to run for your life. Second, I'd like you to tell me where there are piles of asbestos. All asbestos is removed by environmental specialists trained in its disposal. Yes there is asbestos in the plant but it’s not just lying around in piles. If the environment is so bad around the refinery why aren’t the citizens of whiting and the employees at the plant dropping like flies? I don’t mind intelligent comments however stupidity just needs to be ignored. "

Nothing Else to DO wrote on May 19, 2008 2:57 PM:

" I am just glad the the SAVE THE DUNES COUNCIL still lets us build on the beach...I dont know what I would do if they stopped the construction of my home...I am not finished with ripping all the trees out to place my "GREEN" home...hahaha....And thank GOD for all the Environmentally Concious people that live in Odgen Dunes, that pollute the water with there "GREEN" boats..wheww where would we be without the DUNES COUNCIL to "SAVE THE LAKE" "

JTV wrote on May 19, 2008 2:31 PM:

" I'd like to thank all you eco loons(Lib's/Dem's) for the price of gas and oil today...anyone who thinks this is not because of the policies brought upon us by these folks are fooling themselves. Once again because of the environmental left, jobs are put on hold and gas prices continue to rise....We should have been drilling, adding refineries and Nuclear energy years ago....even now these eco freaks prevent us from further exploration and additions to our exiting refineries.. "

Long Overdue wrote on May 19, 2008 2:20 PM:

" Its about time that companies stop using Lake Michigan as a toliet. It is sad that the most beautiful part of Indiana has been turned into a toxic wasteland.This time you will lose.I have worked in BP and they tell you in certain areas that if this releases gas run against the wind as it is your best and probably only chance at surviving.And Bp what about the open piles of asbestos? I dont think people could sleep if the knew what was really going on inside the gates..Do You??Believe me you had better allow accountability here, "

Choices wrote on May 19, 2008 2:19 PM:

" Yea, I moved to "greener pastures" to get away from the stink on our lakeshore, but may I remind you that that "stink" represents the lifeblood of our local economy and provides the income for me to live where I do. I'm quite certain I am NOT alone on this. "

Bad Logic Bad Math wrote on May 19, 2008 2:08 PM:

" I assure you, if they built 50 refineries gas prices WOULD go down. Supply and demand... supply rises, price decreases. "

What Janet wants... wrote on May 19, 2008 2:06 PM:

" What Janet wants is to create class warfare... haves and have nots... 46319 vs. 46383. Nobody is making you live in the shadow of heavy industry. Ain't like it just sprung up yesterday. I think they should have to post a bond equal to the value of their lawsuit in order to proceed. Put up or shut up. "

What do these people do wrote on May 19, 2008 2:02 PM:

" Other than incessant lobbying, what do these enviros actually DO for a living??? Zealots of any kind are dangerous and should be ignored. "

Then Move wrote on May 19, 2008 2:00 PM:

" So we're gonna let envirowackos deny us the fuel and the jobs we need. Then let them subsidize my gasoline bills and find me a job. If you live by the plant and it bothers you, then MOVE! The refinery has been on the lakefront for as long as people have lived there. Why should the many pay for the subbornness of the narrow-minded few? "

Look... wrote on May 19, 2008 1:53 PM:

" I live in Whiting and I don't want more polution. I'm proud to be a tree hugger.
However, this appeal is useless and the lawsuit is stupid. Leave BP alone! They are within the law! If you don't like it write all the legislators and congressmen.
"

oh thats right wrote on May 19, 2008 1:49 PM:

" I'm not suppose to care about the environment so we can save money on gas. Give me a break..... they could build 50 refineries and gas prices would still be as high. "

get your facts wrote on May 19, 2008 1:40 PM:

" why cant you all get your facts?? if you look online and search for pollution around lake michigan you would see that BP is the lowest around. if you want to make a difference you should start with the mills, then chicago(who sometimes dumps raw sewage into the lake) and start petitioning against them, not BP who is following the rules, not hiding anything. if gas wasnt $4 a gallon how many of you out there would care???????? "

Mark wrote on May 19, 2008 1:35 PM:

" BP can afford to reduce these emissions without adding a penny to the price of gas. Valopbob and Fed-up are angry, and not without reason. But their knee-jerk reaction is to take it out on environmentalists (aka "tree huggers") rather than obtain and weigh the economic data. If either of you (or any of your family members) ever suffer respiratory illness, or are ever diagnosed with cancer caused by air emissions (which could have been prevented), will you say "well at least I am paying a nickle less for a gallon of gasoline." "

mmm koolaide wrote on May 19, 2008 1:18 PM:

" hey Janet in griffith - if you think that the people of Whiting are being punished, tell us how. It is not health problems because all of the studies for the past century clearly show that the refinery workers are more healthy than the general population. For most of this time, they lived very near to the refinery. Are you the same person that moved into a railroad town and now complains about the railroads? I looded to to the Whitehouse and found someone that wants to supply us with what we need. And it's not spotted owls. "

Uncle Fester wrote on May 19, 2008 1:16 PM:

" Hey janet, the refinery has been there since 1890. That's almost 120 years. People living near it knew what they were getting into when they bought so don't expect us to cry about it with them.

"

Hey jannet wrote on May 19, 2008 1:10 PM:

" You don't live there either last time I looked at a map! No it's not the white house causing the problem Valpo is correct. Add to that China and India. "

Cmon wrote on May 19, 2008 12:52 PM:

" Let them get on with the project before they find somewhere else to upgrade. Do you really want to jeapordize that many jobs when their permit is fine by EPA. Do you really feel like closing down another plant and have cities like Whiting, EC, Hammond turn into ghost towns. The tree-huggers need to get on with their lives... "

Give me a break. wrote on May 19, 2008 12:41 PM:

" valpobob - I'm with you. Reality check everyone. Do you like gas prices at $4.00 a gallon? "

janet in griffith wrote on May 19, 2008 12:27 PM:

" Hey valpobob -
you don't live close to the refinery, do you? You live in Valpo? What about the people in Whiting, Hammond, E. Chicago, etc??????????? They can't all afford to live in Valpo - should they be punished with more pollution? Gas isnt high because of "do-gooders" want accountability fromBP, look to the White House, hmmm!! "

Stop to Think wrote on May 19, 2008 12:04 PM:

" Just what do you think would happen if the plant closes? Everything manufactured has pollution issues--at least this company monitors and controls with state-of-the-art equipment and is UNDER limts. Why doesn't anyone get into what the mills are doing to our water and air? Or, how about the chemical plant in North Hammond? We need BP's expertise to help lower the gas prices. They are the neighbor to keep. "

G Davis wrote on May 19, 2008 11:43 AM:

" All it will be is a waste of money,Since the courts are run by the Rockefellar Neocons it won't have a chance!And since everybody down from the Governor to the IDEM are getting kickbacks they could of done anything they wanted and would of been approved!What did you think the price of Gas was going to come down?It's up there and will stay up there no matter,lawsuit or not!Why is the price of a Gallon of gas 88 cents in Russia or 32 cents in Iran?Just seen this the other night on a Travel show! "

Fed-Up wrote on May 19, 2008 11:26 AM:

" No new refineries, no updates or upgrades to refineries, no new drilling for oil in Alaska or the gulf. Gas prices at an all time high. All because a handful of tree huggers have a hissy fit. UNBELIEVABLE!!! "

valpobob wrote on May 19, 2008 11:00 AM:

" the do gooders trying to stop BP no wonder the price of gas is so high. no new refinerys in 40 years. didnt they stop the neut plant "

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