Monroe Chat

On July 27, Ohio EPA issued a draft major source Permit to Install
to Middletown Coke Company. The new permit confirms the City of
Monroe's claims that an earlier permit, issued in November of 2008,
did not meet legal requirements to protect the public and the
environment. Yet Monroe officials are awaiting legal review of the
new draft permit before commenting on its adequacy.

"We are glad to see that Middletown Coke and Ohio EPA are heading
down the correct permitting path," said Monroe Mayor Robert
Routson. "But this is a complex permit, and we just received it.
We'll have to wait and see whether it adequately protects the
public and the environment."

The Middletown Coke plant, which is being constructed near the AK
Steel Middletown Works, will emit 1,152 tons/year of sulfur
dioxide, 483 tons/year of nitrogen oxides, and over 400 tons/year
of particulate matter. Given those levels of pollutants, Monroe
says that the coke plant is a "major stationary source" that is
subject to tough pollution control requirements under the federal
Clean Air Act. The Ohio EPA permit issued in November of 2008 did
not include those requirements. Monroe appealed that permit to
the Ohio Environmental Review Appeals Commission. Monroe also filed
a federal lawsuit to halt construction of the coke plant until
Middletown Coke complied with the Clean Air Act.

EPA's new draft permit states that the Clean Air Act "major source"
requirements apply to the coke plant. Christopher Walker, the
Dayton environmental lawyer representing Monroe, says the new draft
permit shows that Monroe's previous claims had merit. "EPA's new
statement that the coke plant is a major source of air pollutants
is a significant change in position," said Walker. "It's
unfortunate that Monroe had to go to court to get us to this
point."

Walker is cautious about whether the new permit meets the
requirements of the Clean Air Act. "Based on our initial review, we
see some significant gaps in the new draft permit," stated Walker.
"We'll be reviewing the draft permit in more detail in the coming
weeks, and will provide written input to Ohio EPA."

I will say the City of Monroe will have no other option yet again to litigate the new permit. It still has some serious legal technicalities in the permit that just aren't right! I will do what I can to spew out what is wrong with this permit without jeopardizing any case that will be made in court.