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Sunday, July 13, 2008

Environment - Still more on "Flares at heart of BP air permit appeal"

On June 7th the ILB quoted from a story by Daniel Human of the Gary Post-Tribune:

A recent EPA ruling in Illinois might set a precedent that could help environmentalists in their appeal against BP's air permit, but the company stands by the permit it's been granted in Indiana.

A U.S. Environmental Protection Agency appeal board stripped ConocoPhillips of its air permit for the expansion of the company's refinery in Roxana, Ill., last week.

In the appeal, the Natural Resources Defense Council presented a case pertaining to the refinery's flares, which release pressure by burning off extra and harmful gases but in turn release other pollutants into the air.

Unfortunately, when I went back to check on the Post-Tribune story, it was no longer available -- the paper apparently maintains its archives for only 30 days.

Today Christine Kraly of the NWI Times, which laudably maintains its archives forever, reports under the headline "BP critics see hope in prior case." The story begins:

Environmentalists in a new federal fight against BP Whiting's air permit say they come armed with a similar win already in hand.

The Natural Resources Defense Council is hoping to capitalize on a fresh success in challenging an air permit for ConocoPhillips in Roxana, Ill.

"We're heartened in the recent decision in the ConocoPhillips case," NRDC Senior Attorney Ann Alexander said. "We have high hopes."

But a BP spokesman called the cases against the two refineries too different to claim any early victory against BP.

The challenge filed Wednesday in Hammond federal court claims, among other things, that BP did not account for increased pollution from three new flares -- the large torch structures used to relieve pressure in the refinery -- planned as part of the refinery's $3.8 billion expansion.

The U.S. Environmental Protection Agency last month upheld the permit, which was approved by the Indiana Department of Environmental Management. EPA spokesman Bill Omohudro said Friday the agency would not comment on the lawsuit against BP because the EPA had not completed a review of the case.

An EPA appeal board last month upheld an NRDC challenge to the ConocoPhillips refinery, based on the argument that the refinery had not properly controlled its flare emissions. The decision means that refinery will have to seek a new permit.

But a BP spokesman called the issues between the two refineries very different.

For more on the federal BP challenge, see this ILB entry from July 9th.

For more on the ConocoPhillips decision, see this story dated June 10th from the Environmental News Service headed "U.S. EPA Rejects ConocoPhillips Refinery Expansion."

Posted by Marcia Oddi on July 13, 2008 01:04 PM
Posted to Environment