ENVIRONMENTAL PRIORITIES PANEL Chris Korleski, Director, Ohio EPA Tom Easterly, Commissioner, IDEM Official Representing New KY Governor Beshear

Reflections on my First Year as Ohio’s Environmental Director Chris Korleski

External Review of the NPDES Permit issued to BP by Indiana Tom Easterly

BP Permit Public Outreach IDEM considers all stakeholders when making a permit decision. We respond to all comments received and include the responses in the fact sheet before making the final permit decision. IDEM considers all stakeholders when making a permit decision. We respond to all comments received and include the responses in the fact sheet before making the final permit decision. In January, 2007, IDEM, EPA and BP commenced an extraordinary outreach to and consultation with the Northwest Indiana environmental community during the development of the final draft permit In January, 2007, IDEM, EPA and BP commenced an extraordinary outreach to and consultation with the Northwest Indiana environmental community during the development of the final draft permit

BP Permit Public Outreach A public comment period on the draft permit was offered from March 16 to May 11, A public comment period on the draft permit was offered from March 16 to May 11, A public meeting held in Whiting on April 26, 2007—attended by BP representatives, the environmental community and one citizen. A public meeting held in Whiting on April 26, 2007—attended by BP representatives, the environmental community and one citizen. IDEM received and responded to comments from 46 people before issuing the final permit on June 21, IDEM received and responded to comments from 46 people before issuing the final permit on June 21, 2007.

BP Permit Public Outreach IDEM coordinated with EPA to ensure compliance with the Clean Water Act. On April 5, 2007, EPA issued a written notice of no objection concerning the BP Permit. IDEM coordinated with EPA to ensure compliance with the Clean Water Act. On April 5, 2007, EPA issued a written notice of no objection concerning the BP Permit. The 18-day appeal period for the permit ended on July 9, 2007 and no appeal was filed within that period. The permit became effective August 1, 2007 and the permit expires July 31, The 18-day appeal period for the permit ended on July 9, 2007 and no appeal was filed within that period. The permit became effective August 1, 2007 and the permit expires July 31, 2012.

BP Permit Media June 29, 2007—Post Tribune Headline: “BP not required to build treatment plant in Whiting” June 29, 2007—Post Tribune Headline: “BP not required to build treatment plant in Whiting” July 10, 2007—Lee Botts, Board Member, Alliance for the Great Lakes wrote a letter to the editor pointing out that the headline in the Post Tribune article was not correct July 10, 2007—Lee Botts, Board Member, Alliance for the Great Lakes wrote a letter to the editor pointing out that the headline in the Post Tribune article was not correct Sunday July 15 Article in Chicago Tribune “BP gets break on dumping in Lake— Refinery expansion entices Indiana” Sunday July 15 Article in Chicago Tribune “BP gets break on dumping in Lake— Refinery expansion entices Indiana”

BP Permit Media The July 15 Tribune article resulted in: The July 15 Tribune article resulted in: July 16 letters from Senator Durbin and Representative Emanuel of Illinois to EPA and others criticizing IDEM’s permit action. July 16 letters from Senator Durbin and Representative Emanuel of Illinois to EPA and others criticizing IDEM’s permit action. July 19 th Commissioner Media Availability re BP July 19 th Commissioner Media Availability re BP House Concurrent Resolution #187 on July 26, 2007 “Expressing the sense of Congress regarding the dumping of industrial waste into the Great Lakes” House Concurrent Resolution #187 on July 26, 2007 “Expressing the sense of Congress regarding the dumping of industrial waste into 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 Report Governor Daniels Requested the Barnes Review on August 13, 2007 Governor Daniels Requested the Barnes Review on August 13, 2007 Dr. Barnes is the former Dean of the School of Public and Environmental Affairs—he served USEPA both times Bill Ruckelshaus was the Administrator Dr. Barnes is the former Dean of the School of Public and Environmental Affairs—he served USEPA both times Bill Ruckelshaus was the Administrator Deputy Administrator Deputy Administrator General Counsel General Counsel Dr. Barnes Issued His Report on December 3, 2007 Dr. Barnes Issued His Report on December 3, 2007

BP Permit & Barnes Report “Permit complies with existing regulations and the explicit requirements of state and federal law.” “Permit complies with existing regulations and the explicit requirements of state and federal law.” “The wastewater discharge would not be expected to cause a violation of water quality standards or interfere with designated uses in Lake Michigan (including full body contact recreation such as swimming, maintaining the aquatic community, and drinking water supply).” “The wastewater discharge would not be expected to cause a violation of water quality standards or interfere with designated uses in Lake Michigan (including full body contact recreation such as swimming, maintaining the aquatic community, and drinking water supply).”

BP Permit & Barnes Report “The limitations in the BP permit are as demanding, and in several instances much more restrictive than, those issued by adjoining states to refineries.” “The limitations in the BP permit are as demanding, and in several instances much more restrictive than, those issued by adjoining states to refineries.” “With a flat ban on new or increased discharges of bioaccumulative chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of the Lake than the adjoining states…” “With a flat ban on new or increased discharges of bioaccumulative chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of the Lake than the adjoining states…”

BP Permit & Barnes Report “Indiana should clarify its antidegredation regulations for Lake Michigan to make them easier for permit applicants and the public to understand and for the agency to apply.” “Indiana should clarify its antidegredation regulations for Lake Michigan to make them easier for permit applicants and the public to understand and for the agency to apply.” “By modifying the regulations to address the shortcomings that I identified, Indiana can readily provide a more transparent process with clear requirements for making antidegredation decisions…” “By modifying the regulations to address the shortcomings that I identified, Indiana can readily provide a more transparent process with clear requirements for making antidegredation decisions…”

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

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

BP Permit & Barnes Report In addition to the antidegradation demonstration, public concerns include: In addition to the antidegradation demonstration, public concerns include: The “Necessity” Decision The “Necessity” Decision Mixing Zone/Diffuser Mixing Zone/Diffuser Mercury (especially the compliance schedule) Mercury (especially the compliance schedule) Monitoring and Reporting Requirements Monitoring and Reporting Requirements

Future IDEM Actions IDEM will process an antidegradation regulation IDEM will process an antidegradation regulation Will apply to entire State Will apply to entire State Special protection for Lake Michigan Special protection for Lake Michigan IDEM will require more documentation for Compliance Schedules IDEM will require more documentation for Compliance Schedules IDEM will obtain an EPA non-objection determination prior to placing an NPDES permit on public notice IDEM will obtain an EPA non-objection determination prior to placing an NPDES permit on public notice

Governor Beshear’s Administration’s Environmental Plans for Kentucky