The complete Erie Coke decision

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Erie Coke Corporation vs Commonwealth of Pennsylvania Department of Environmental Protection court document states, this 28th day of August, 2019, it is hereby ordered that the Petition for Supersedeas is granted with the following conditions: 1. The evidentiary hearing on Erie Coke’s appeal will be held at the Board’s Erie Facility beginning at 10 a.m. on February 3, 2020. No requests for extensions of the hearing date will be granted by the Board.

Within 15 days of the date of this Order, the parties will submit to the Board a proposed Case Management Order setting forth proposed dates for pre-hearing deadlines.

2. During the time that the supersedeas remains in place, Erie Coke’s operations shall be limited, in any 24-hour period, to pushing the lesser of either 75% of the ovens in service or thirty (30) ovens.

3. During the time that the supersedeas remains in place, Erie Coke shall not produce any Furnace coke.

4. During the time that the supersedeas remains in place, a minimum of 99% of the minutes of Erie Coke’s battery stack emissions recorded by the COMS system shall comply with the 20% opacity limit. Compliance with this requirement shall be determined by dividing the number of recorded minutes that exceed the 20% opacity 08/28/2019 30 limit by the total number of recorded minutes in a month.

Erie Coke shall provide the Department air staff in the NWRO with the COMS data necessary to determine monthly compliance within five (5) business days of the end of the month.

5. During the time that the supersedeas remains in place, a minimum of 99.90% of the minutes of Erie Coke’s battery stack emissions recorded by the COMS system shall comply with the 60% opacity limit. Compliance with this requirement shall be determined by dividing the number of recorded minutes that exceed the 60% opacity limit by the total number of recorded minutes in a month. Erie Coke shall provide the Department air staff in the NWRO with the COMS data necessary to determine monthly compliance within five (5) business days of the end of the month.

6. During the time that the supersedeas remains in place, Erie Coke shall meet the NESHAP standard for pushing emissions at least 99% of the time. Compliance with this condition shall be determined by dividing the number of monthly observations that comply with the NESHAP standard by the total number of monthly observations. Erie Coke shall provide the Department air staff in the NWRO with the NESHAP observation data necessary to determine monthly compliance within five (5) business days of the end of the month.

7. During the time that the supersedeas remains in place, Erie Coke’s pushing emissions as measured by Method 9 shall not exceed 30% opacity more than 5% of the time and shall not exceed 20% opacity more than 12.5% of the time, measured on an instantaneous basis. Compliance with this condition shall be determined by dividing the number of monthly Method 9 observations exceeding the respective opacity standard (either 20% or 30%) divided by the total number of monthly Method 9 08/28/2019 31 measurements. Compliance calculations shall be completed three ways: (1) using just Erie Coke’s Method 9 observations; (2) using just the Department’s Method 9 observations and; (3) using all the Method 9 observations made by Erie Coke and the Department. Erie Coke shall provide the Department air staff in the NWRO with Erie Coke’s Method 9 observation data necessary to determine monthly compliance within five (5) business days of the end of the month.

8. During the time that the supersedeas remains in place, all coal at Erie Coke shall be stored within the coal storage yard. Any coal that is currently stored outside the coal storage yard shall be removed from Erie Coke’s property or placed within the coal storage yard on or before September 15, 2019.

9. During the time that the supersedeas remains in place, all coke shall be stored within the fence line at Erie Coke’s property. No coke shall be stored within 400 feet of the southern corner of the Lampe Marina parking lot. Any coke that is currently being stored within storage areas now prohibited for future storage shall be removed on or before September 10, 2019.

10. During the time that the supersedeas remains in place, all storage, handling or movement of coal and coke by Erie Coke shall be conducted in a manner designed to limit the likelihood of fugitive dust emissions arising from the activity. Erie Coke shall water any potential sources of fugitive dust when necessary to control dust emissions and will limit the storage, handling or movement of coal and coke when wind conditions make it likely that fugitive dust emissions will leave Erie Coke’s property.

11. Erie Coke shall submit to the Department updated work practice and operations and maintenance plans that incorporate all permit requirements from Title V Operating 08/28/2019 32 Permit No. 25-00029 and necessary operational thresholds by September 15, 2019. No later than the first shift on September 16, 2019, Erie Coke will implement the updated work practice and operations and maintenance plans.

12. Erie Coke will fully and consistently implement the compliance plan it submitted to the Department that was marked as ECC Exhibit 4 in the supersedeas hearing.

13. During the time the supersedeas remains in place, if Erie Coke shuts down Erie Coke’s desulfurization system (H2S Absorber and/or Thionizer) for any reason, including routine maintenance, it shall, starting twelve (12) hours before shutting down the system, limit the number of ovens it charges to no more than twenty-four (24) ovens in a twenty-four (24) hour period.

14. Erie Coke shall submit a plan approval application within ninety (90) days of the date of this Order covering all coke side shed improvements that require plan approval from the Department.

15. Within thirty (30) days of the date of this Order, Erie Coke will deposit $1,000,000 in a newly established bank account separate from its current existing accounts. The use of the funds in the new account shall be limited to capital equipment purchases (including related engineering and consultant fees) arising from the projects listed in Erie Coke’s July 5, 2019 Letter to Mr. James E. Miller of the Department (excluding the Wastewater Pretreatment project) DEP Ex. DDD. The new account shall remain in place so long as the supersedeas remains in effect and at no point during that time shall the balance in the new account fall below $300,000. Erie Coke shall within five (5) days of opening the account provide the Department with documentation evidencing the opening of the account and its full funding with $1,000,000. Within five (5) days 08/28/2019 33 of the end of each month following the opening of the account, Erie Coke will provide the Department with documentation evidencing all transactions in the account including documents (invoices, etc.) sufficient to determine the nature and amount of all expenditures from the account.

16. Erie Coke will implement an internally developed environmental management system on or before September 30, 2019. On or before October 15, 2019, Erie Coke will have an executed contract with a third party to develop and implement an ISO 14001 compliant environmental management system. A copy of the executed contract (with redaction of financial information) shall be provided to the Department within five (5) days of the execution of the contract.

17. In addition to providing all the required information to the Department as specifically set forth in this Order, Erie Coke shall, during the time this supersedeas remains in place, maintain sufficient records and documentation at its facility to allow the Department to determine Erie Coke’s compliance with these conditions. The records and documentation shall be available to the Department for review during the Department’s normal inspection activities.

18. The Department may petition the Board to lift the supersedeas if it concludes that Erie Coke is out of compliance with any of the conditions set forth in this Order. Erie Coke will be provided an opportunity to respond to the Department’s petition and the Board will then decide whether to grant or deny the Department’s request to lift the supersedeas.

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