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  • MONROE CITY COUNCIL APPEALS COKE PERMIT
    Posted On: Feb 25, 2010
    MONROE COUNCIL AUTHORIZES APPEAL OF NEW SUNCOKE PLANT PERMIT
    Wednesday, February 24, 2010 12:51:25 PM - Monroe Ohio


    Video: Council Votes on Appeal of Coke Plant Permit

    Source: Monroe Council Press Release

    Citing significant legal and technical f1aws 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 2AOO 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 tiled with the Ohio Environmental Review Appeals
    Commission, which reviews regulatory actions of Ohio EP A. 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 Sun Coke 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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