Middletown

USA Today has an ongoing investigative story entitled The Smokestack Effect. On December 30, 2008, SunCoke Watch was on the front page of the issue with a story on Amanda Elementary and the concerns of locating the proposed SunCoke coke plant, which would emit approximately 2,700 tons of pollution in the air adjacent to the school.

http://www.usatoday.com/news/nation/environment/2008-12-29-newschools_N.htm

Alexander J. Sagady & Associates
657 Spartan Avenue, East Lansing, MI 48823-3624
(517) 332-6971
VIA EMAILED PDF FILE

August 19, 2008
Ms. Cheryl Newton, Director -Acting
Air and Radiation Division
U.S. Environmental Protection Agency - Region V
Chicago, IL

RE: Middletown [OH] Coke Company & Ohio EPA Division of Air Pollution Control -
Violation of Netting Requirements for a Draft Air Permit and Impermissible Minor
Source Permitting of a Major Stationary Source

Dear Ms. Newton:

We are writing on behalf of the Sierra Club of Ohio concerning the proposed Middletown Coke
Company Draft Air Permit to Install that has been published by the Ohio EPA. The public
comment period on the application and draft permit are presently running.

This communication is intended as an air pollution complaint against Middletown Coke Company
and the State of Ohio. The complaint is that those respondents have either applied for or plan to
approve a plainly impermissible and unlawful minor modification air permit to install for

Middletown Coke Company. In reality, what is planned here is the impermissible construction of a
major stationary source of emissions without the required major modification/source permit
covering both prevention of significant deterioration and nonattainment NSR program requirements.
Middletown Coke Company proposes 100 heat recovery coke ovens arranged in 3 batteries, along
with quenching, materials handling and other related operations at a site in Middletown, OH near
AK Steel. The Applicant is seeking a permit to install on the basis of the Applicant’s claim that the
proposed coke oven batteries would be a minor modification, net-out source.

Middletown City Council has approved with a vote of 6-0 both new zoning setbacks (so that the plant will not have to use the 600 ft. setback) and the rezoning of the Martin Farm from low-density residential to Industrial.
See the video of the meeting here:
http://tvmiddletown.blip.tv/#1195368

FOR RELEASE: August 14, 2008
CONTACT: Heather Lauer, (614) 644-2160

Ohio EPA Offers Guidelines for Testifying at the Middletown Coke Hearing

By Ed Richter Middletown Journal - Staff Writer Saturday, August 09, 2008 MIDDLETOWN — Although the "Stay Inside the Fence" committee is being disbanded now that Garden Manor Extended Care Center has dropped its support and lawsuit against the city of Middletown and SunCoke Energy Inc., a group of Monroe residents who live adjacent to the proposed $340 million cokemaking and electric generation plant continue to oppose the project. Nearly 40 residents attended a meeting at the Monroe Firehouse on Ohio 4 on Thursday, Aug. 7, to meet with Sierra Club representatives to discuss their options during the permit process with the Ohio Environmental Protection Agency. The Ohio EPA will hold a public hearing at 6:30 p.m. Aug. 21 at Miami University Middletown. READ MORE http://www.middletownjournal.com/n/content/oh/story/news/local/2008/08/0...

On behalf of the Stay Inside the Fence.com Committee, I want to thank all of the Middletown residents who signed our referendum petition, which was filed on June 5, 2008, and the most recent initiative petition drive, which began on July 8. More than 3,700 signatures were obtained in a span of only a few weeks for the two petition efforts.

PUBLIC NOTICE PUBLIC HEARING
Issuance Of Draft Air Pollution Permit-To-Install Middletown Coke
Company Issue Date: 7/18/2008
Permit Number: 14-06023
Permit Type: Initial installation
Permit Description: Heat Recovery Coke Plant - 100 Ovens.
Facility ID: 1409011031
Facility Location: Middletown Coke Company
7014 Hamilton Middletown Road,
Middletown, OH 45044
Facility Description: Iron and Steel Mills

By Ed Richter Middletown Journal Staff Writer Wednesday, July 09, 2008 MIDDLETOWN — Notice was given late Tuesday afternoon to the city of Middletown that an initiative petition will be filed to amend the city charter to require a 2,000-foot setback between any coke-rendering related facility and any existing homes, schools, churches, nursing homes and health-care facilities.

by Lisa Frye
June 26, 2008
On Thursday, June 5, the Stay Inside the Fence Committee delivered 2,069 Middletown voter signatures for a referendum petition drive to the city of Middletown to overturn the May 6 legislative decision to rezone the Martin farmland to industrial (use). The next day, The Journal reported that the city announced it would re-do the process and start over from the beginning, thereby avoiding the cost of a lawsuit battle pending in the courts on the same issue. Although the city stated that they did nothing wrong in the re-zoning process, they willingly decided to re-do it. When was the last time the city has re-done legislation immediately after it was passed?

So, if they truly had followed the proper legal process in the re-zoning of this land, why are they afraid to answer questions in court regarding it? Moreover, if it was truly such an "emergency" (the way in which it was passed originally), what makes it not an emergency now that they are willing to re-do the entire process? And lastly, did our submission of petitions a few hours before they made the announcement to re-do the process impact their decision?

Retirement community claims Middletown failed to follow procedure in rezoning approval for site of proposed $340M coke plant.

Thursday, May 15, 2008

MIDDLETOWN — Garden Manor Retirement Village has filed a lawsuit against the city of Middletown, claiming City Council and the planning commission failed to follow proper procedure in approving the rezoning of 157 acres that would be the site of a new $340 million coke making and heat recovery plant.
The suit filed Tuesday, May 13, in Butler County Common Pleas Court seeks to restrain the city from further action related to the site.