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New report: Indiana refinery is one of the worst water polluters in the nation

A new study of more than 80 refineries raises serious concerns about the wastewater they are pumping into lakes and rivers across the U.S. One of those polluters is BP’s Whiting Refinery in northwest Indiana.

According to the report released today, called Oil’s Unchecked Outfalls, more than a half billion gallons of pollution-laden waters are released from refineries each day. The wastewater includes toxic chemicals and metals, including arsenic, cyanide, chromium and more.

The analysis shows that the U.S. Environmental Protection Agency “is failing in its legal responsibilities to regulate,” according to a statement announcing the report.

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“It’s vital that refineries are held accountable for violations that pollute our water commons, and that regulators are held accountable for regulating them and protecting our water,” Mitch McNeil, Chair of the Surfrider Foundation Chicago Chapter, said in the statement.

He said that people drink water, play in the water and eat fish from waters bordered by refineries.

“They have a right to be able to do so," McNeil said, "without endangering their health.”

The federal Clean Water Act requires the EPA to set limits for pollutants and update them regularly as technology improves. Still, EPA has never set limits for many pollutants found in refinery discharges. That means much of the water pollution from refineries is technically legal, “because the EPA and most states have failed to regulate it,” the report said.

That said, some standards do exist. The analysis found that more than three quarters of the refineries reported violating permit limits — but less than a quarter of the refineries with violations were penalized.

Eric Schaeffer, the former director of civil enforcement at EPA, said the agency needs to set strong limits as well as enforcing those that do exist and holding polluters accountable.

What is the report?

The report was completed by the Environmental Integrity Project, a nonprofit organization dedicated to enforcing environmental laws and strengthening policy to protect public health as well as the environment.

The group examined the records of 81 refineries across the country, looking at information dating back a few years up until 2021. The analysis showed that more than 500 million gallons of wastewater pour out of U.S. refineries everyday, and it’s loaded with cyanide, nitrogen, arsenic, industrial salts, chromium, selenium and other dangerous pollutants.

How bad is the BP Refinery?

According to the report, the BP Refinery in Whiting is “one of the worst polluters in the nation.” In 2021, it released the third-most selenium: 3,589 pounds into Lake Michigan. Selenium is a pollutant that can cause mutations in fish.

The BP refinery is the fifth-worst for nitrogen — releasing roughly 574,000 pounds — which feeds algal blooms and low-oxygen dead zones. The Whiting facility also dumped 31 million pounds of total dissolved solids, 9 million pounds of chloride, more than 40,000 pounds of oil and grease, and 150 pounds of arsenic, among many other pollutants, according to EPA data.

In an emailed response to IndyStar, BP said that its Whiting refinery operates under a water discharge permit consistent with Clean Water Act standards and within the limits set by the permit.

"Whiting will continue to operate consistent with its permit all as part of our commitment to safe, compliant and reliable operations," the emailed statement said.

Are there other pollution problems with the BP Whiting refinery?

Not only has the BP Whiting refinery had issues with water pollution, but it also has repeated air problems. The more than century-old facility was sued in federal court in 2019 for regularly violating legal limits on fine particulate pollution, or soot, in the years prior.

That type of pollution can trigger asthma and heart attacks, along with other respiratory and cardiovascular health issues. As part of a settlement released last year to resolve a lawsuit, BP was required to pay more than $500,000 in penalties.

Call IndyStar reporter Sarah Bowman at 317-444-6129 or email at sarah.bowman@indystar.com. Follow her on Twitter and Facebook: @IndyStarSarah. Connect with IndyStar’s environmental reporters: Join The Scrub on Facebook.

IndyStar's environmental reporting project is made possible through the generous support of the nonprofit Nina Mason Pulliam Charitable Trust.

This article originally appeared on Indianapolis Star: BP oil refinery in Indiana one of worst water polluters in the nation