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SunCoke air permit faces 3 appeals

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By Jessica Heffner, Staff Writer Updated 10:16 AM Tuesday, March 16, 2010

MIDDLETOWN — Three appeals have been filed against the new air permit issued to SunCoke Energy to build a new $360 million coke plant in Middletown.

The New Source Review permit, issued by the Ohio Environmental Protection Agency Feb. 9, would supersede the company’s previous permit-to-operate, which was also the subject of appeals. According to Middletown documents, plant construction is expected to begin Oct. 1.

Parties had 30 days to appeal the permit to the Environmental Review Appeals Commission. An appeal cannot halt construction unless the agency grants a stay “which is highly unlikely,” according to Mary J. Oxley, executive secretary for ERAC.

Among the parties appealing were Lemon Twp. Trustee Robert Snook, who filed Feb. 26. He cited issues with emissions offset credits obtained from AK Steel and Procter & Gamble and that SunCoke is not being required to use best available technology as reasons for why the permit should be denied.

The city of Monroe, which filed its appeal through legal council Thursday, March 11, alleges that the company is not using adequate pollution controls as required by the NSR permit.

Lisa Frye — along with the Natural Resource Defense Council, Chuck Inwood, Barb Stubbs and her organization SunCoke Watch Inc. — also filed an ERAC appeal March 11. Their appeal also alleges best available technology is not being used, that emissions credits are invalid and that SunCoke’s certification of compliance as required by the permit is invalid.

“...They are coming into a non-attainment area and haven’t shown that they are going to be a good neighbor and not illegally pollute more than it already is,” Frye said. “Our opinion is they can’t be trusted and will put lives in jeopardy.”

Butler County currently does not meet not meet federal air quality guidelines for fine particulate matter and ozone, according to the Ohio EPA.

While the Ohio EPA has said the first netting air permit obtained by SunCoke for the facility is “null,” there are still several outstanding appeals regarding it from the same parties who have filed against the NSR.

Chris Walker, an attorney for Monroe, said the city is still determining its next move on its first SunCoke permit appeal and plans “on having conversations with attorneys for some of the other parties this week” about it.

Staff Writer Denise Wilson contributed to this report.

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