Monroe, Ohio, February 23, 2010
Citing significant legal and technical flaws in Middletown Coke
Company's recently-issued New Source Review air pollution permit,
Monroe City Council has directed its lawyers to appeal the permit
to the Ohio Environmental Review Appeals Commission. Council's
approval came at its regularly-scheduled meeting this evening.
According to the resolution approved by Council, Monroe "remains
committed to protecting the health, safety, and welfare of itself
and its citizens and will pursue actions necessary to insure that
all federal and state laws and regulations are met" with regard to
the coke plant.
The new permit fails to hold Middletown Coke to more stringent
emission standards and pollution controls that apply to similar
coke plants throughout the U.S., including Middletown Coke's own
sister facility in Haverhill, Ohio. Applying those more stringent
requirements to the Middletown Coke plant would further reduce the
emission of harmful pollutants by as much as 300 tons/year. "By
law, Middletown Coke must comply with the lowest achievable
emission rates in the country," explained Christopher Walker, an
environmental attorney representing Monroe. "You can't say this
will be the cleanest coke plant in America when even SunCoke's
other facilities are subject to greater control requirements."
Monroe Mayor Robert Routson added, "As a result of the efforts of
Monroe and others, Middletown Coke is now subject to a New Source
Review permit that reduces emissions from the coke plant by over
500 tons/year. That's a nearly 20% reduction from the emission
levels in the original permit. However, we expect Ohio EPA to
control emissions from the coke plant to the fullest extent
required by the law. It is not acceptable to risk the health of
12,000 Monroe citizens for the sake of 75 permanent jobs."
On February 9, Ohio EPA issued a final New Source Review air
pollution permit for the proposed Middletown Coke facility in
Middletown. The new permit replaces a previous air pollution
permit issued to the coke plant in 2008.
The new permit authorizes the coke plant to emit nearly 2,400 tons
of pollutants annually into the air of Butler County, which does
not meet federal air quality standards designed to protect public
health. For example, the new permit authorizes the emission of
nearly 400 tons of particulate matter and over 1,000 tons of other
pollutants that form fine particles in the air. Butler County
currently is not in compliance with the national air quality
standard for fine particulate matter. Breathing air containing
particulate matter at levels above the national ambient air
standards increases the occurrence of cancer, respiratory disease,
and lung damage. The elderly, children, and people with chronic
lung disease tend to be especially sensitive to the effects of
particulate matter.
Monroe's appeal will be filed with the Ohio Environmental Review
Appeals Commission, which reviews regulatory actions of Ohio EPA.
The deadline for appeal is March 11. Monroe would not comment on
the effect this appeal will have on Middletown Coke's ability to
begin construction of the plant, since that question is a matter of
confidential litigation strategy. At this time, Monroe has not
determined what effect this appeal will have on its appeal of the
original coke plant permit.
Middletown Coke is a subsidiary of SunCoke Energy, which currently
operates coke plants in Haverhill OH, East Chicago IL, Vansant VA,
and in Brazil.
For further information, please contact Christopher Walker of the
Dayton office of Van Kley & Walker at (937) 226-9000.


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