Clean Air Council Pushes Back on Sunoco Determination

 September 25, 2012 - Yesterday the Clean Air Council filed an appeal against the Pennsylvania Department of Environmental Protection Agency (PA DEP) in the Pennsylvania Environmental Hearing Board (EHB) for a determination they made with respect to Sunoco's Marcus Hook Refinery and its connection with the Philadelphia Refinery. As explained last month, in making the determination PA DEP reversed course on its policy regarding when multiple pollution-emitting sources will be considered one facility for permitting purposes.

The Council's appeal opens:" Despiste being permitted as two separate facilities for approximately twenty-four years [PA DEP] waited until the Marcus Hook Refinery ceased operations to find that Sunoco's...Marcus Hook and Philadelphia refineries are a single source of air pollution. The decision is counter to both the Department's position on aggregation as well as state and federal laws. The decision is a blatant attempt to obtain emission reduction credits and offsets available in a Consent Decress without regard to the confines of law."

While the Council appreciates the 850 jobs that were saved by keeping the Philadelphia Refinery open, the costs of the deal should be covered by the corporations involved, and not passed onto nearby communities and the environment. That is the relief that the Council asks for in its appeal. Instead of circumventing the law to allow the Philadelphia Refinery to emit more pollution the Council asks the EHB to find that PA DEP improperly made the single source determination without allowing for a public comment period and that they rely what the interrelationship was between the Philadelphia and Marcus Hook refineries instead of looking at their current relationship. Marcus Hook shut down in December 2011 and therefore should not be considered a part of the Philadephia Refinery. 

The Notice of Appeal is attached below. You can follow the case HERE.

The Council also submitted comments on the Consent Decree that allows the Philadelphia Refinery to get emissions reduction credits from the Marcus Hook shut down if PA DEP finds that they are a single source of air pollution.

The Comments are attached below as well.