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Environmental Hearing Board Filing Shows DEP Mulling Erie Coke Settlement Offer

In a legal document filed before the Environmental Hearing Board on Thursday, attorneys for the DEP noted that they are mulling a settlement offer from Erie Coke Corp. The filing comes in the wake of an order that summons both parties to attend an in-person settlement conference at 11 a.m. Friday.

The filing, a letter dated Aug. 21, reads:

“In regard to the Petition for Supersedeas pending before the Board, the Department declines to provide proposed conditions that vary from the applicable provisions of the Clean Air Act, the Air Pollution Control Act, the Regulations, and Erie Coke’s expired Title V Permit. For the Department to do otherwise would be inconsistent with its statutory and constitutional obligations. The Department is, however, willing to engage in settlement discussions of conditions consistent with these requirements.

Regarding settlement of the appeal, the Department is currently considering Erie Coke’s most recent settlement counteroffer, which was transmitted to the Department on August 15, 2019. The Department plans to meet with Erie Coke in the near future to discuss the counteroffer. The parties will apprise the Board in a timely fashion if settlement is reached or if the parties agree that assistance from the Board would facilitate a resolution.”

DEP’s letter can be viewed in its entirety here.

No further information was immediately available. GASP is following the Environmental Hearing Board case, which will determine whether or not the company will be permitted to operate pending the appeal of its Title V permit – we’ll keep you posted as new details emerge.

In the meantime, here’s some associated media coverage from Erie News Now.

 

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