« Ind. Courts - Larry Bird files a federal lawsuit alleging trademark infringement | Main | Ind. Decisions - 7th Circuit issues one Indiana decision today »
Tuesday, May 13, 2008
Environment - Appeals filed with OEA over BP air construction permit grant
Gitte Laasby of the Gary Post-Tribune reports:
A group of Northwest Indiana residents has filed the first appeal of BP Whiting's air permit. Other environmental organizations are preparing separate appeals.Christine Kraly of the NWI Times reports today:The residents, in an appeal filed Saturday, said the permit fails to protect overburdened low-income and minority communities in Whiting, East Chicago and Hammond from increased air pollution. They also said the Indiana Department of Environmental Management limited public participation by not giving the required 30 days' notice of the public comment period until environmental groups pressed for more time.
The Calumet Project and Global Community Monitor groups said they raised their concerns in comments to IDEM, but that IDEM responded they do not have a direct impact on how the agency reviews and makes decisions on air permit applications.
The groups said a 1994 executive order requires the U.S. Environmental Protection and IDEM to address environmental justice.
"We wanted to go with the environmental justice issue since we thought that was completely overlooked in this permit. This permit has been broken down in different sections. This is a major expansion. You spend $3.8 billion and IDEM refers to it as a minor. If you spend that kind of money, it's a major," said Bessie Dent, a Hammond resident and member of the Calumet Project.
If the permit was considered as one rather than three different permits -- for an asphalt plant, a diesel plant and the expansion, it would have been considered a major modification, she said.
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.
Posted by Marcia Oddi on May 13, 2008 12:06 PM
Posted to Environment