BY PATRICK GUINANE, Times of Northwest Indiana
pguinane@nwitimes.com

INDIANAPOLIS | Facing mounting criticism from Illinois leaders, Indiana's top environmental regulator on Thursday defended the decision to allow the BP oil refinery in Whiting to dramatically increase Lake Michigan water pollution as it moves ahead with a $3.8 billion plant expansion.

Meanwhile, he said a separate air pollution variance he approved for BP two weeks ago will not increase the amount of particulate matter released by the Whiting Refinery.

In an afternoon conference call with reporters, Commissioner Thomas Easterly of the Indiana Department of Environmental Management complained he has "seen many (news) stories about the BP permit that don't seem right" and wanted to "set the record straight."

"We haven't made any exceptions to state or federal water quality regulations in order to issue the waste water treatment permit to BP," Easterly continued. "Anybody else that came in with the same set of facts would get the same permit (as) us. ...The plant's discharge will not affect drinking water, recreation or aquatic life in Lake Michigan."

Illinois officials aren't so sure. Several Congress members sounded off earlier this week. And Chicago officials are reviewing potential legal options.

State and federal regulators last month approved the new BP waste water discharge permit, which will allow the refinery to increase daily ammonia output 54 percent and release 35 percent more suspended solids -- silty materials leftover after waste water is treated and filtered. While significantly greater than current levels, the approved increases in ammonia and suspended solid still fall within federal limits.

Easterly, like BP officials a day earlier, took issue with reports that described the suspended solids as industrial sludge: "These are real fine particles in the water -- it's almost impossible to get them out -- and everybody that has a waste water treatment plant has some suspended solids. No sludge will be dumped into Lake Michigan.'

Concerning the air pollution issue, the state is allowing BP to alter which portions of the plant will be releasing smokestack particles. Easterly said the refinery won't be allowed to increase the amount of particulate matter emissions, but the variance was needed because federal regulators have tightened standards for measuring that form of pollution.

The variance must be submitted to the U.S. Environmental Protection Agency as part of the state' overall air quality plan. A hearing on the subject will take place at 1 p.m. on Aug. 9 at IDEM's regional office at 315 Virginia St., Merrillville.
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