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Violations may not affect SunCoke permit

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By Jessica Heffner, Staff Writer 7:12 PM Friday, September 11, 2009

MIDDLETOWN — Outstanding violations could have no affect on SunCoke Energy’s certification of compliance for a new air permit, according to a state agency.

The company is required to submit a letter certifying that all its operations considered as major stationary sources of emissions are in compliance with their air permits in order to receive the New Source Review air permit it is requesting from the Ohio Environmental Protection Agency. This is the second permit SunCoke has requested for a new $340 million coke oven plant to be built off Yankee Road in Middletown.

SunCoke certified its compliance Aug. 29, despite several seemingly unresolved notices of violation issued by the U.S. and Ohio EPAs for the company’s Haverhill North Coke Company facility in Franklin Furnace, Ohio.

However, these violations, while unresolved, would have no impact on SunCoke’s ability to certify compliance as long as its facilities were operating within regulation Aug. 29. The company only needs to prove it was following the emissions guidelines for that one day for the certification to qualify for the NSR permit. The company could go out of compliance at a facility again, but it would not affect its certification, said Heather Lauer, spokeswoman for the Ohio EPA.

“(SunCoke) needs to prove it was operating that day and was in compliance that day they certified,” she said. “It does not mean the certification is not valid because the violations have not been resolved.”

Whether AK Steel, as a partner in the coke oven project, must certify its compliance for the permit also is under scrutiny, Lauer said. The NSR permit application and requirements are being reviewed by the technical staff of the division of air pollution as well as the Ohio EPA’s legal counsel.

Lisa Frye, Monroe resident and SunCoke Watch Inc. president, described the Ohio EPA’s interpretation of how the violations would affect SunCoke’s certification as “a joke.”

“To me, the issue isn’t if they were in compliance on one day when they issue a letter, the issue is whether they can be trusted to consistently operate within the permit they have been given. Their history has proven that they cannot,” she said.

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

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