Big Names at ELPC Gala: Sen. Durbin, Michael Polsky, and Tom Skilling
Join Us on 6/6!
Big Names at ELPC Gala: Sen. Durbin, Michael Polsky, and Tom Skilling
Join Us on 6/6! 
May 09, 2025
Whiting, IN – A proposed new water pollution control permit for the BP Whiting oil refinery allows the 136-year-old industrial facility to continue dumping into Lake Michigan unhealthy levels of pollution, including mercury, which can cause brain damage, and “forever chemicals” linked to cancer, according to permit comments filed by the Environmental Law & Policy Center (ELPC) and Environmental Integrity Project (EIP).
The environmental groups and several local community groups are demanding the Indiana Department of Environmental Management (IDEM) revise the state’s draft permit for the plant to include stronger pollution limits for mercury and PFAS, as well as dangerous toxins like arsenic, benzene, and lead, which are also being released into a waterway that is a source of drinking water and recreation for millions of people in the Chicago area.
“This permit demonstrates BP’s and the state of Indiana’s disregard for the health of the people of Northwest Indiana and the Chicago area,” said Kerri Gefeke, Associate Attorney at ELPC. “It’s particularly egregious for the state to allow BP to discharge elevated levels of mercury, unknown amounts of ‘forever chemicals’ like PFAS, and numerous other chemicals into Lake Michigan mere feet from the beaches where people swim and fish, and a short distance from where the City of Hammond withdraws its drinking water.”
“The BP Whiting refinery discharges dangerous pollutants into Lake Michigan, which millions of Americans rely on for drinking water, swimming, fishing, and even surfing,” said Meg Parish, Senior Attorney at Environmental Integrity Project. “The state of Indiana should be doing everything it can to limit BP Whiting’s pollution and protect Lake Michigan. Instead, they’re giving BP a nearly free pass on dangerous chemicals like mercury, PFAS, and benzene.”
For a copy of the organizations’ comments and analysis to the draft BP Whiting permit, click here.
Refineries like BP Whiting discharge a host of dangerous pollutants, including mercury, PFAS, benzene, arsenic, and lead, but their federal limits haven’t been updated since the 1980s, leaving it up to states to protect our waters.
Mercury is a particular problem at BP Whiting. Mercury is a neurotoxin that is harmful to people of all ages, can cause brain damage to infants, and poisons fish. Even though Lake Michigan already has too much mercury, the draft permit under review allows BP to keep dumping more mercury than is safe for that Great Lake, ignoring the technologies available to help the refinery meet those limits.
PFAs are dangerous to people in very small “parts per trillion” amounts and don’t break down easily in the environment. Refineries frequently discharge PFAs because the firefighting foam refineries used for training and emergencies since the 1980s contains PFAs. Even after refineries stop using foam with this chemical, they can still discharge PFAs due to groundwater contamination. Refineries around the country now have PFAs limits and monitoring requirements to protect drinking water supplies. But Indiana regulators issuing the proposed new permit for BP Whiting never addressed whether the refinery is discharging PFAs, and the new permit does not include any limits or monitoring to protect communities that use Lake Michigan for their drinking water.
Community and state groups that signed onto the comments include University of Chicago’s Abrams Environmental Law Clinic, BP & Whiting Watch, Conservation Law Center, Environmental Advocacy Center, Gary Advocates for Responsible Development, the Izaak Walton League of America (IWLA) Indiana Division and IWLA Porter County Chapter, Just Transition Northwest Indiana, National Parks Conservation Association, Northern Lake County Environmental Partnership, Save the Dunes, the Sierra Club Hoosier Chapter, Southeast Environmental Task Force, and the Surfrider Foundation.
Lisa Vallee, Organizing Director at Just Transition Northwest Indiana and a Whiting resident, said:
“I am dumbfounded that a decades-old permit up for renewal by one of the worst global polluters contains more lax regulations, neglects to address more than 20 toxic chemicals and critical concerns about forever chemicals, and shows no concern for the millions of people who rely on this water and the delicate, unique Great Lakes ecosystem we have been gifted with. After a period where BP has consistently leaked contaminants into our communities and has been issued the largest ever fine for knowingly underreporting toxic benzene releases for decades, IDEM is telling us we have nothing to worry about. We are not fools. We know because we live here; every day, we smell it, see it, and become ill. We will never stop fighting for the clean water, air, and land we deserve.”
Carolyn McCrady, a member of Gary Advocates for Responsible Development, said:
“IDEM officials barely scratched the surface of BPs long and intransigent history of dumping tons of toxic waste into the waters of Lake Michigan. They ignored the growing presence of mercury as well as any substantive response to BP’s record of terrifying outages and spills into the air and the water. BP is one of the worst polluters on the lakefront and yet they continue to get a pass from IDEM on every turn. They work for the people, not industry. IDEM should get busy and do a real analysis instead of putting lipstick on a pig.”
Sarah Damron, Surfrider Foundation’s Great Lakes Senior Regional Manager, said:
“For too long, surfers at the south end of Lake Michigan have suffered rashes, hives, and infections after simply enjoying the water. The Surfrider Foundation is fighting to ensure that industrial discharges from BP Whiting and neighboring industry don’t pollute vital freshwater meant to support recreation, fishing, and clean drinking water. Local communities deserve clean water and safe beaches. We look forward to the day when everyone can enjoy these waters without risking their health.”