The state has granted Marathon Petroleum Co.’s request to remove capacity limits at its Southwest Detroit refinery with changes that consider public input. 

In March, the company sought a permit from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) to allow the oil refinery to produce up to 140,000 barrels of oil daily, which is the refinery’s full capacity. 

The request was granted on Sept. 10, meaning Marathon can produce above 140,000 barrels per day. Several changes were made to the request, including a requirement for enhanced air monitoring for at least six years, a higher emissions stack, and clearer language on what is deemed “satisfactory” for the site’s coke heaters.

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The conditions of the new permit may increase toxic emissions on a monthly or annual average, but additional pollution control equipment will reduce hourly emissions, according to EGLE’s analysis. EGLE officials noted that the change is not expected to interfere with the region’s effort to attain federal ozone standards. 

“The refinery’s new air permit conditions include a reduction in emissions limits, several voluntary emissions reduction projects and a six-year enhanced air monitoring program,” Marathon said in a statement. “We did not propose any changes to our existing footprint. As always, our main focus remains the safety and well-being of our team members, the surrounding community and the environment we all share.” 

The Marathon Detroit refinery processes crude oils into gasoline, distillates, asphalt, natural gas liquids and petrochemicals, propane and heavy fuel oil products, distributed via pipeline, transport truck, rail and barge. The company employs approximately 525 full-time employees at its facility in southwest Detroit.

The refinery has received numerous violations over the years, with the most recent in February for exceeding sulfur dioxide limits. Sulfur dioxide can negatively affect human respiratory systems, especially those with asthma. However, EGLE representatives have said that previous violations cannot be considered when evaluating new permits.

In a Wednesday statement, EGLE said the permit was granted because Marathon’s request “complies with the applicable state and federal air quality rules and regulations.”

The decision was made following a May public hearing and a several-month open public comment period. According to EGLE, approximately 23 written comments were received during the period and the hearing. 

Most of the public comments did not result in changes to the permit, including factoring in the heavy pollution the area already faces. On Tuesday, Detroit was named the third-worst city in the country for asthma, in part caused by heavy industry in the region.

“The [Air Quality Division] is not authorized to assess cumulative impacts in the way community members are concerned about,” EGLE’s Air Quality Division wrote in response to comments submitted. 

But Nicholas Leonard, executive director of the Great Lakes Environmental Law Center, disagrees. He points to the agency’s practice of taking cumulative impact into account when regulating water quality for aquatic species. The permit decision for Marathon was as expected and disappointing, he said.

“EGLE obviously thinks it can create rules to protect fish from the cumulative impacts of toxic air pollutants. It’s unclear why they think they wouldn’t have the authority to protect humans from similar effects,” he said. 

As of last week, the agency agreed to consider the cumulative impact when issuing licenses to hazardous waste facilities in a court settlement filed by GLELC and others.

During the public comment period, Leonard called for a more careful review of the permit application to ensure it wouldn’t affect air quality, which Leonard said the agency has done now. 

“Even when they’ve done the review they basically indicated we still don’t think we have the authority to address some of these issues, so it kind of rings hollow,” he said. 

Leonard said his office will analyze the permit decision even further and plans to host a webinar for residents to review it in the upcoming weeks. 

US Rep. Rashida Tlaib, D-Detroit, has tried to pass legislation considering cumulative impacts and reintroduced the bill in July 2023. The Cumulative Impacts Act would require the U.S. Environmental Protection Agency to analyze the cumulative effects in permitting decisions under the Clean Air Act and Clean Water Act and deny permit applications unless applicants can demonstrate a reasonable certainty of no harm to the community or vulnerable groups. 

The Marathon permit conditions can be viewed here, and EGLE’s response to public comments can be viewed here. 

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Jena Brooker is a reporter for BridgeDetroit.