ENVIRONMENTAL ENVIRONMENTAL PRIORITIES PRIORITIES

PANELPANEL

Chris Korleski, Director, Ohio EPAChris Korleski, Director, Ohio EPA

Tom Easterly, Commissioner, IDEMTom Easterly, Commissioner, IDEM

Official Representing New KY Governor Official Representing New KY Governor BeshearBeshear

Reflections on my Reflections on my First Year as Ohio’s First Year as Ohio’s

Environmental Environmental DirectorDirector

Chris KorleskiChris Korleski

External Review of External Review of the NPDES Permit the NPDES Permit

issued to BP by issued to BP by IndianaIndiana

Tom EasterlyTom Easterly

BP Permit Public OutreachBP Permit Public Outreach IDEM considers all stakeholders when making IDEM considers all stakeholders when making

a permit decision. We respond to all comments a permit decision. We respond to all comments received and include the responses in the fact received and include the responses in the fact sheet before making the final permit decision.sheet before making the final permit decision.

In January, 2007, IDEM, EPA and BP In January, 2007, IDEM, EPA and BP commenced an extraordinary outreach to and commenced an extraordinary outreach to and consultation with the Northwest Indiana consultation with the Northwest Indiana environmental community during the environmental community during the development of the final draft permitdevelopment of the final draft permit

BP Permit Public OutreachBP Permit Public Outreach

A public comment period on the draft A public comment period on the draft permit was offered from March 16 to May permit was offered from March 16 to May 11, 2007.11, 2007.

A public meeting held in Whiting on April A public meeting held in Whiting on April 26, 2007—attended by BP representatives, 26, 2007—attended by BP representatives, the environmental community and one the environmental community and one citizen.citizen.

IDEM received and responded to IDEM received and responded to comments from 46 people before issuing comments from 46 people before issuing the final permit on June 21, 2007.the final permit on June 21, 2007.

BP Permit Public OutreachBP Permit Public Outreach

IDEM coordinated with EPA to ensure IDEM coordinated with EPA to ensure compliance with the Clean Water Act. compliance with the Clean Water Act. On April 5, 2007, EPA issued a written On April 5, 2007, EPA issued a written notice of no objection concerning the notice of no objection concerning the BP Permit.BP Permit.

The 18-day appeal period for the permit The 18-day appeal period for the permit ended on July 9, 2007 and no appeal ended on July 9, 2007 and no appeal was filed within that period. The permit was filed within that period. The permit became effective August 1, 2007 and became effective August 1, 2007 and the permit expires July 31, 2012.the permit expires July 31, 2012.

BP Permit MediaBP Permit Media June 29, 2007—Post Tribune Headline: June 29, 2007—Post Tribune Headline:

“BP not required to build treatment plant in “BP not required to build treatment plant in Whiting”Whiting”

July 10, 2007—Lee Botts, Board Member, July 10, 2007—Lee Botts, Board Member, Alliance for the Great Lakes wrote a letter Alliance for the Great Lakes wrote a letter to the editor pointing out that the headline to the editor pointing out that the headline in the Post Tribune article was not correctin the Post Tribune article was not correct

Sunday July 15 Article in Chicago Tribune Sunday July 15 Article in Chicago Tribune “BP gets break on dumping in Lake—“BP gets break on dumping in Lake—Refinery expansion entices Indiana”Refinery expansion entices Indiana”

BP Permit MediaBP Permit Media The July 15 Tribune article resulted in:The July 15 Tribune article resulted in:

July 16 letters from Senator Durbin and July 16 letters from Senator Durbin and Representative Emanuel of Illinois to EPA and Representative Emanuel of Illinois to EPA and others criticizing IDEM’s permit action.others criticizing IDEM’s permit action.

July 19July 19thth Commissioner Media Availability re BP Commissioner Media Availability re BP House Concurrent Resolution #187 on July 26, House Concurrent Resolution #187 on July 26,

2007 “Expressing the sense of Congress 2007 “Expressing the sense of Congress regarding the dumping of industrial waste into regarding the dumping of industrial waste into the Great Lakes”the Great Lakes”

An EPA led August 15 “Great Lakes Summit”An EPA led August 15 “Great Lakes Summit” Numerous petitions, letters, etc.Numerous petitions, letters, etc.

BP Permit & Barnes ReportBP Permit & Barnes Report Governor Daniels Requested the Barnes Governor Daniels Requested the Barnes

Review on August 13, 2007Review on August 13, 2007 Dr. Barnes is the former Dean of the Dr. Barnes is the former Dean of the

School of Public and Environmental School of Public and Environmental Affairs—he served USEPA both times Bill Affairs—he served USEPA both times Bill Ruckelshaus was the AdministratorRuckelshaus was the Administrator Deputy AdministratorDeputy Administrator General CounselGeneral Counsel

Dr. Barnes Issued His Report on Dr. Barnes Issued His Report on December 3, 2007December 3, 2007

BP Permit & Barnes ReportBP Permit & Barnes Report ““Permit complies with existing regulations Permit complies with existing regulations

and the explicit requirements of state and and the explicit requirements of state and federal law.”federal law.”

““The wastewater discharge would not be The wastewater discharge would not be expected to cause a violation of water expected to cause a violation of water quality standards or interfere with quality standards or interfere with designated uses in Lake Michigan (including designated uses in Lake Michigan (including full body contact recreation such as full body contact recreation such as swimming, maintaining the aquatic swimming, maintaining the aquatic community, and drinking water supply).”community, and drinking water supply).”

BP Permit & Barnes ReportBP Permit & Barnes Report

““The limitations in the BP permit are as The limitations in the BP permit are as demanding, and in several instances demanding, and in several instances much more restrictive than, those much more restrictive than, those issued by adjoining states to refineries.”issued by adjoining states to refineries.”

““With a flat ban on new or increased With a flat ban on new or increased discharges of bioaccumulative discharges of bioaccumulative chemicals of concern (BCCs) to Lake chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of Michigan, Indiana is more protective of the Lake than the adjoining states…”the Lake than the adjoining states…”

BP Permit & Barnes ReportBP Permit & Barnes Report ““Indiana should clarify its antidegredation Indiana should clarify its antidegredation

regulations for Lake Michigan to make regulations for Lake Michigan to make them easier for permit applicants and the them easier for permit applicants and the public to understand and for the agency to public to understand and for the agency to apply.”apply.”

““By modifying the regulations to address By modifying the regulations to address the shortcomings that I identified, Indiana the shortcomings that I identified, Indiana can readily provide a more transparent can readily provide a more transparent process with clear requirements for process with clear requirements for making antidegredation decisions…”making antidegredation decisions…”

BP Permit & Barnes ReportBP Permit & Barnes Report

““The initial press reports that The initial press reports that mischaracterized some of the material that mischaracterized some of the material that BP is authorized to discharge as “sludge” BP is authorized to discharge as “sludge” created a misconception in the minds of created a misconception in the minds of many members of the public officials that many members of the public officials that does not accord with the actual facts in does not accord with the actual facts in this case.”this case.”

BP Permit & Barnes ReportBP Permit & Barnes Report

““Knowledgeable observers in both the Knowledgeable observers in both the environmental and business communities environmental and business communities gave IDEM and its commissioner, Tom gave IDEM and its commissioner, Tom Easterly, credit for cutting the backlog of Easterly, credit for cutting the backlog of expired permits and for their efforts to expired permits and for their efforts to engage the public early in the permit engage the public early in the permit process.”process.”

BP Permit & Barnes ReportBP Permit & Barnes Report

In addition to the antidegradation In addition to the antidegradation demonstration, public concerns include:demonstration, public concerns include: The “Necessity” DecisionThe “Necessity” Decision Mixing Zone/DiffuserMixing Zone/Diffuser Mercury (especially the compliance schedule)Mercury (especially the compliance schedule) Monitoring and Reporting RequirementsMonitoring and Reporting Requirements

Future IDEM ActionsFuture IDEM Actions

IDEM will process an antidegradation IDEM will process an antidegradation regulationregulation Will apply to entire StateWill apply to entire State Special protection for Lake MichiganSpecial protection for Lake Michigan

IDEM will require more documentation for IDEM will require more documentation for Compliance SchedulesCompliance Schedules

IDEM will obtain an EPA non-objection IDEM will obtain an EPA non-objection determination prior to placing an NPDES determination prior to placing an NPDES permit on public notice permit on public notice

Governor Beshear’s Governor Beshear’s Administration’s Administration’s

Environmental PlansEnvironmental Plansfor Kentuckyfor Kentucky