BP America said Thursday that it will not take full advantage of a new permit to dump more waste into Lake Michigan, taking into account protests to a refinery modernization expansion project.

As part of a $3.8 billion modernization project at its Whiting refinery just east of Chicago to increase the amount of Canadian heavy crude it can process, the new permit allows 54 percent more ammonia per day and 35 percent more suspended solids.

We will not make use of the higher discharge limits in our new permit, said BP America Chairman and President Bob Malone. He said the project would attempt to keep waste levels at those of the previous permit.

“If necessary changes to the project result in a material impact to project viability, we could be forced to cancel it.”

He added that opposition higher waste levels despite obtaining the proper permit from the State of Indiana to do so “creates an unacceptable level of business risk.”

The company says it will work with outside organizations to identify and evaluate technologies to improve wastewater treatment.

The company is seeking to boost heavy crude production by 30 to 90 percent. Current production at the refinery stands at 400,000 barrels per day, the company said.