United States Files Complaint Against EES Coke in River Rouge, Michigan, for Clean Air Act Violations
(CHICAGO) June 1, 2022—The United States has filed a complaint in federal court against EES Coke Battery, LLC, on behalf of EPA. The complaint alleges that EES Coke violated the Clean Air Act by significantly increasing its emissions of sulfur dioxide at its River Rouge, Michigan, coke oven battery without complying with New Source Review requirements. The complaint asks the Court to order required pollution controls for sulfur dioxide at the facility, measures to redress the harm from the pollution, and a civil penalty.
The EES Coke facility is located on Zug Island, between River Rouge and Detroit, in an area that fails to meet federal standards for sulfur dioxide in the air. The facility uses coal and other raw materials to produce metallurgical coke, an input for making steel. It is one of the largest sources of sulfur dioxide in the State of Michigan. The complaint alleges that EES Coke increased its sulfur dioxide pollution as a result of changes the company sought to its state air permit in 2014. For example, EES Coke emitted over 3,200 tons of sulfur dioxide pollution in 2018, compared to permitted baseline sulfur dioxide levels of under 2,100 tons per year.
Sulfur dioxide directly harms human health and the environment. Once emitted, it also contributes to the formation of fine particulate matter called PM2.5. These extremely small particles can be inhaled and cause serious health effects, including premature death, heart attacks, and respiratory problems.
Reducing sulfur dioxide in the atmosphere would mean cleaner, healthier air for nearby residents and those farther downwind, especially children, the elderly, and those who suffer from asthma. Reduced levels of sulfur dioxide and other sulfur oxides are also beneficial for the environment. A decrease in these compounds means less haze and acid rain, which can harm sensitive ecosystems.
EPA recognizes the environmental justice concerns of community members in the River Rouge area, including a high asthma rate in the area near EES Coke. EPA has an agency-wide commitment to advance environmental justice and deliver benefits to underserved and overburdened communities.
The Court has not yet ruled on any of the United States’ allegations, and EES Coke will have an opportunity to respond to the allegations in the litigation. The complaint was filed in the United States District Court for the Eastern District of Michigan.
Learn more about New Source Review Permitting.
Find out more about Michigan’s State Implementation Plan.
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