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SunCoke  certification in doubt?

Company reports its  Ohio operations are in compliance, but Ohio EPA says it is looking into status of some violations. 

With several notices of violation that appear to be outstanding at its Haverhill North Coke Company facility (pictured here), residents at a SunCoke permit hearing in Middletown on Wednesday, Sept. 2, expressed concern that the Ohio EPA is ignoring these apparent noncompliance issues.

Staff photo by Nick Graham With several notices of violation that appear to be outstanding at its Haverhill North Coke Company facility (pictured here), residents at a SunCoke permit hearing in Middletown on Wednesday, Sept. 2, expressed concern that the Ohio EPA is ignoring these apparent noncompliance issues.

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By Jessica Heffner, Staff Writer 1:35 AM Friday, September 4, 2009

MIDDLETOWN — State officials said they are unsure whether a certification submitted by SunCoke Energy that its Ohio facilities are in environmental compliance will meet requirements for a new permit it is seeking for a Middletown plant.

SunCoke Energy sent a letter to the Ohio Environmental Protection Agency Aug. 29 certifying its operations considered as a major stationary sources of emissions are in compliance with their air permits. The certification is part of a requirement to receive the New Source Review permit SunCoke has requested from the Ohio EPA for a new $340 million coke oven plant to be built off Yankee Road in Middletown.

However, with several notices of violation that appear to be outstanding at its Haverhill North Coke Company facility, residents at a permit hearing in Middletown on Wednesday, Sept. 2, expressed concern that the Ohio EPA “is blatantly ignoring” these noncompliance issues, as Lisa Frye, president of SunCoke Watch Inc., testified. The violations are from both the Ohio and U.S. EPAs.

Mike Hopkins, vice president of permitting at the Ohio EPA, said his office is still investigating the status of those violations.

While SunCoke sent a letter to Portsmouth Local Air Agency, Ohio EPA’s local agent for the Haverhill facility, on Aug. 5 that it did not agree it was in violation with its permit and excess emissions were the result of malfunctions and needed repairs, Hopkins said that letter in itself does not necessarily resolve the issue.

SunCoke only needs to prove it was in compliance on Aug. 29 for the certification to be valid. If the company is found not to have been, Hopkins said the Ohio EPA will discuss the issue with officials and SunCoke will be given another chance to certify. This requirement “is the hammer we have if (a company) wants a new permit” to ensure their operations are following the law before a new plant is built, he said.

Also unclear is whether AK Steel, as a partner in the project, will be required to submit statement of compliance for the permit. Hopkins said a legal analysis is required to determine what entities should be included in the process.

At least 213 locations in Ohio include Sunoco — parent company of SunCoke — in their name, four of which are considered large operations, like the Haverhill coking facility in Franklin Furnace, Ohio. The Ohio EPA is investigating which of these facilities could be included in the compliance check, said spokeswoman Heather Lauer.

This is the second permit sought by SunCoke for the Middletown plant. Hopkins described the process as “costly” both in terms of time and money. The fee for a NSR permit from the Ohio EPA is $5,400.

Contact this reporter at (513) 705-2843 or jheffner@coxohio.com.

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