Court Order Specifies New Timeframe for Columbus Refinery to Address Violations
(COLUMBUS, Ohio) — In conjunction with recommendations from Ohio Attorney General Richard Cordray's Office and the Ohio EPA, Franklin County Municipal Court Judge Harland Hale has ordered Heartland Refinery Group to hire an independent third-party consultant to perform a comprehensive review of the Heartland refinery and its air pollution control equipment. Heartland will have to implement any changes recommended by the consultant within certain deadlines outlined in the court's order.
(PressZoom) - (COLUMBUS, Ohio) — In conjunction with recommendations from Ohio Attorney General Richard Cordray's Office and the Ohio EPA, Franklin County Municipal Court Judge Harland Hale has ordered Heartland Refinery Group to hire an independent third-party consultant to perform a comprehensive review of the Heartland refinery and its air pollution control equipment. Heartland will have to implement any changes recommended by the consultant within certain deadlines outlined in the court's order.
Attorney General Cordray filed a complaint and a motion for preliminary injunction against Heartland Refinery Group, located at 4001 E. Fifth Ave. in Columbus, in June for ongoing air pollution control law violations that have caused substantial odor nuisances to the nearby public and environment.
"We think it is very helpful that the court has agreed to an independent review of the facility's equipment," said Cordray. "This is a necessary step toward addressing the refinery's emissions and, in particular, the ongoing odor nuisances, which should give the workers and neighbors in the area some relief. In the meantime we will continue to pursue a permanent solution to ensure that Heartland maintains its required pollution controls. We will also continue to monitor the company for any recurrence of the nuisance odors and will bring those to the court's attention again if necessary."
On August 20, Judge Hale issued a previous order to Heartland to cease operations if any air or odor emissions continue to be released from the emergency valve. This order was issued in response to air emissions incidents at the facility on August 17 and 18, which caused a strong odor, affecting nearby workers.
A subsequent and similar incident at the facility led to this week's order, which incorporates the previous order's conditions as well as the additional requirements. Once the third-party consultant is chosen, they must submit a written assessment of previous violations and recommendations for improvement to the court within thirty days. As the order then details, "Defendants shall begin expeditious implementation of the recommendations outlined in the consultant's written report."
Heartland Refinery Group converts used oil into products such as oil and asphalt additives. It began operating in February 2009.
Ohio EPA issued the company a permit-to-install and operate in 2008 to govern the various emissions units at the facility. Beginning mid-June 2009, Heartland began intermittently bypassing some required air pollution controls. In mid-December 2009, a gasket failure at the plant resulted in the release of process gas, including steam and hydrogen sulfide. The December incident led to the precautionary evacuation of approximately 4,000 people from the area surrounding the Heartland facility.
After submitting documentation to Ohio EPA identifying the emissions from the December incident and the corrective actions taken to prevent future occurrences, Heartland reopened its facility in February 2010. However, when Heartland resumed operations, it continued to bypass some required air pollution controls. In late April 2010 a required air pollution control device failed, yet the company continued to operate without it. This resulted in emissions from the plant in excess of its allowable limits. The April and August incidents led to the entry of the most recent court order.
To view a copy of this week’s order, visit OhioAttorneyGeneral.gov/HeartlandThirdPartyOrder
To read the June news release on the filing of the complaint, visit OhioAttorneyGeneral.gov/HeartlandJuneRelease Media Contacts:
for Ohio Attorney General: Ali Lehman: (614) 466-6242 for Ohio EPA: Mike Settles: (614) 644-2160
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