EPA v. ERIE COKE CORPORATION

Case summary

The referral is based on CAA violations which have occurred and are continuing at ECC's foundry coke plant, which produces coke through the destructive distillation of coal occurring in coke ovens at very high temperatures, located at the foot of East Avenue, Erie, Erie County, Pennsylvania (the Facility ). The Facility is owned and operated by ECC. The violations, of regulations promulgated pursuant to Section 110 of the CAA, 42 U.S.C. Section 7410, were documented by both Pennsylvania Department of Environmental Protection (PADEP) and EPA inspectors over the last several years. This report describes fully the facts leading to the referral, applicable evidence, and other relevant information. The Facility comprises two coke oven batteries (sets of conjoined coke ovens) ( COBs ) containing a total of fifty-eight (58) ovens, and associated equipment and processes. Inspectors of EPA Region III and PADEP have documented visible particulate emissions of high opacity emanating from the main combustion stack servicing the two batteries and from the coke pushing operation at the COBs. The emissions observations, made in accordance with EPA Method 9, by inspectors certified to read the opacity of visible emission using that method, establish that emissions at the plant exceed the allowable limits set forth in the federally-enforceable Pennsylvania State Implementation Plan ( SIP ). Specifically, the excess emissions observed from the combustion stack at the Facility constitute violations of 25 Pa. Code Section 123.41, which limits the opacity of emissions from a combustion stack serving a COB, providing that ?a person may not permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission is either of the following: (1) [e]qual to or greater than 20% for a period or periods aggregating more than three (3) minutes in any one (1) hour; or (2) [e]qual to or greater than 60% at any time.? Furthermore, the excess emissions observed from the pushing operations at the COBs at the Facility constitute violations of 25 Pa. Code ? 129.15(c), which regulates coke pushing operations by providing that, ?[v]isible fugitive air contaminants in excess of 20% opacity from an air cleaning device installed for the control of pushing emissions under a plan approval from the Department shall be prohibited unless the Department finds that: (1) [t]he emissions are of minor significance with respect to causing air pollution[; and] (2) [t]he emissions will not prevent or interfere with the attainment or maintenance of any ambient air quality standard. PADEP has never made such a finding for operations at the Facility under Section 129.15(c). EPA issued a Notice of Violation (NOV) to ECC pursuant to Section 113 of the CAA on June 19, 2008. ECC received an opportunity to respond to the allegations in the NOV during a July 28, 2008 meeting.

Defendants (1)

• ERIE COKE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ERIE COKE CORPORATION

  FOOT OF EAST AVENUE, ERIE, PA, 16507

  Registry ID: 110043970441

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ERIE COKE CORPORATIONentered 2011-09-29

  Primary law: CAA

  Federal penalty: $300,000

Timeline (7 milestones)

• 2008-09-30Enforcement Action Data Entered
• 2008-09-30Referred To Dept Of Justice
• 2009-09-22Complaint Filed With Court
• 2011-08-17Final Order Lodged
• 2011-09-29Final Order Entered
• 2011-09-29Concluded
• 2015-07-13Enforcement Action Closed