During September there have been several new developments related to the proposed SunCoke facility in Middletown, Ohio. Several groups have invested a great amount of time and money opposing the proposed SunCoke facility. These groups are: the City of Monroe, the Sierra Club, Natural Resources Defense Council (NRDC), and SunCoke Watch.
A few weeks after Monroe filed a federal lawsuit under the Clean Air Act, SunCoke filed an application with the EPA for a more stringent New Source Review (NSR) permit to replace the minor source permit that was in dispute. On September 2nd, the Ohio EPA held a public hearing at Miami University-Middletown. Many area residents were in attendance asking serious questions about theNSR Permit.
Several important questions went unanswered at the hearing since the EPA officials said they did not have enough information available to them at this meeting. The biggest concern of those seeking answers was related to compliance issues that SunCoke/AK Steel currently have on the public record. The Federal EPA has classified SunCoke as an "HPV" (High Priority Violator). According to the Federal EPA this is the highest level of violation. This classification should indicate that the Federal EPA is concerned about SunCoke being able to run a clean facility. A very important aspect of receiving a New Source Review Permit is that all of SunCoke and AK Steel's facilities must be in compliance with the existing permits.
Currently, the New Source Review Permit is under review by the Ohio EPA. No time table has been set on when a decision will be made on the New Source Permit. The City of Monroe has submitted comments related to the New Source Review Permit.
The SunCoke Haverhill facility is also involved in a Clean Air Act lawsuit filed by Haverhill resident Kelly Graff related to compliance with an existing permit. This lawsuit is related to the numerous violations SunCoke Haverhill has committed since it became operational in 2003, and the excessive noise, dust, pollution, health effects, and damage to property experienced by the residents.
The City of Monroe has filed an appeal to the federal courts regarding the city's Clean Air Act lawsuit. The district court has not ruled on the merits of the case, but rather asked that the state ERAC process be completed first.
However, the Environmental Review Appeals Council (ERAC) process has been affected both by state budget cuts and a major backlog of cases. Recently, ERAC decided to have all of their cases heard with an hour's time frame allotted to each case. Several citizens groups and corporations have filed suit challenging the rule change. The NRDC has filed a motion to intervene on behalf of SunCoke Watch.
Copies of the Clean Air Act lawsuits, comments filed by the City and SunCoke Watch on the NSR draft permit, and a listing of the violations at Haverhill and AK are available on the SunCoke Watch website at www.suncokewatch.com.