Overview:
- Desulfurization is required under the Clean Air Act as a pollution control, EPA environmental engineer says.
- Virginia Galinsky's testimony came on fifth day of federal bench trial of EPA lawsuit against EES Coke Battery.
- EES Coke Battery will continue to emit about 3,000 tons of sulfur dioxide annually without pollution controls, Galinsky says.
EES Coke Battery is one of the largest sulfur dioxide polluters in Michigan, an EPA environmental engineer said in Friday court testimony.
In 2023, the facility ranked third largest in the state, emitting over 3,000 tons of sulfur dioxide that year, according to Virginia Galinsky, environmental engineer at the EPA Region 5 office who reviewed self-reported data from the Michigan Air Emissions Reporting System.
These statements came on the fifth day of a bench trial in the federal lawsuit brought by the Environmental Protection Agency against EES Coke Battery and DTE Energy.
U.S. District Judge Gershwin Drain said in an earlier ruling in the case that the facility violated the Clean Air Act by significantly increasing sulfur dioxide emissions without installing required pollution controls.
Those pollution controls would have reduced sulfur dioxide emissions from EES Coke Battery by 95%, Galinsky said Friday.
EPA engineer: Desulfurization required
Desulfurization is required under the Clean Air Act as a pollution control, Galinsky said.
The lowest achievable emission rate, or LAER, is the EPA’s most stringent emission control required in nonattainment areas, and can mandate desulfurization to meet SO2 limits, she said. Nonattainment areas are regions failing to meet national ambient air quality standards.
After the EPA tightened sulfur dioxide standards in 2010, a portion of Wayne County fell into nonattainment due to high sulfur dioxide levels from industrial sources. Michigan’s environmental regulator created a State Implementation Plan to reduce emissions with stricter controls on facilities like EES Coke. Monitoring now shows sulfur dioxide levels well below the standard, and the state is seeking to redesignate the area as compliant.
Nonattainment areas trigger LAER requirements for new or modified pollution sources, Galinsky said.
From 2019 to 2023, EES Coke emitted 14,180 tons of excess S02, Galinsky said. Until desulfurization is installed, the facility will continue to emit about 3,000 tons of S02 a year, she said.
EPA’s maximum penalty for EES Coke Battery noncompliance exceeds $300 million
From 2018 to 2025, Galinsky said EES Coke Battery had 2,450 days of noncompliance for a major modified violation, which is a substantial physical or operational change without complying with permitting requirements, such as New Source Review. The EPA’s maximum penalty for this noncompliance is $304,843,700, she said.
The number of days of reporting violations — a failure to submit required documents or data to regulatory agencies on time or accurately — is 894, representing a maximum penalty of $11,236,844 from 2019 to 2022, Galinsky said.
In 2017, while looking through the Michigan Air Emissions Reporting System, Galinsky said she noticed an increase in emissions from EES Coke Battery.
That same year, she visited the facility and submitted an information request requiring records and documents from the facility, she said. Employees from DTE umbrella companies responded, she said.
Galinsky filed a notice of violation in 2020, stating that the EPA believes the facility violated the Clean Air Act.
The desulfurization technology the defendants failed to install in 2018 when the violation occurred could have reduced emissions by 95%, she said.
🗳️ Civic next steps: How you can get involved
Why it matters
⚡ A bench trial in a federal lawsuit filed by the EPA could determine the future of a Zug Island facility owned by DTE Energy that is one of Michigan’s top industrial polluters.
Who’s making civic decisions
🏛️ U.S. District Judge Gershwin Drain.
Read more:
• Planet Detroit’s coverage of the first, second, and third day of the trial.
• 📄 Drain’s August recent opinion and order that states DTE Energy is an operator of EES Coke Battery under the Clean Air Act.
• 🏭 EPA overview of New Source Review permits.
• 🗞️ Planet Detroit’s coverage of air pollution on Zug Island.
Track air quality:
• 😷 Check local air quality.
• 🚨 Sign up for the Michigan Department of Environment, Great Lakes, and Energy’s air quality alerts.
Attend:
• 🧑⚖️ The bench trial continues on weekdays in courtroom 761 from 8:30 a.m. to 1:30 p.m., 231 W. Lafayette Blvd., Detroit, MI 48226.
What to watch for next
• ⚖️ A federal court ruling on the EPA’s lawsuit against EES Coke Battery.
⭐ Please let us know what action you took or if you have any additional questions. Please send a quick email to connect@planetdetroit.org.
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