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Monday, June 16, 2008
Environment - ELJ to set schedule for BP
Gette Laasby of the Gary Post-Tribune reports today:
A judge will likely determine today how and when three appeals of BP Whiting's air permit will proceed.At a prehearing conference in Indianapolis today, environmental groups, the Indiana Department of Environmental Management and BP will suggest hearing schedules for the appeals. A judge from the Office of Environmental Adjudication, which reviews IDEM's permit decisions, will hear arguments and make a decision on how to proceed.
The Natural Resources Defense Council has argued that BP and IDEM failed to count flare and other emissions. Flares relieve pressure in the refining process. BP and IDEM have said the permit complies with state and federal regulations and will stand up to challenges. NRDC brought the case on behalf of several Northwest Indiana environmental groups and two Highland residents.
In two separate appeals, St. John resident and political activist Joseph Hero argued BP's emissions will adversely impact residents' health, and the Calumet Project of Hammond argued increased emissions will unfairly burden low income and minority communities.
At the prehearing conference, the parties will explore settlement possibilities, talk about facts of the case and disagreements, and set dates for future hearings. In the end, a judge will issue a decision about whether the permit complies with the law or any aspects have to be changed.
Environmentalists hope a recent decision by a U.S. Environmental Protection Agency appeal board will set a precedent that could aid their case. The board stripped ConocoPhillips of its air permit for the expansion of the company's refinery in Roxana, Ill., agreeing with environmentalists that air pollution from the refinery's flares was not being sufficiently controlled. ConocoPhillips and Illinois EPA are now back to the drawing board.
The parties are scheduled to talk about whether construction should be halted at three separate hearings -- July 1, 7 and 15.
Posted by Marcia Oddi on June 16, 2008 09:48 AM
Posted to Environment