July 16, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
Southwestern Indiana Citizens for Quality of Life, Inc. and Valley Watch, Inc. (collectively “Petitioners”) filed a July 11th Petition for Administrative Review (“Petition”) challenging the Indiana Department of Environmental Management (“IDEM”) issuance of a Prevention of Significant Deterioration/New Source Construction and Part 70 Operating Permit to Riverview Energy Corporation (“Riverview”).
The air permit would allow the construction of a direct coal hydrogenation refinery (“Refinery”) in Spencer County, Indiana.
The permit is described in the Petition as authorizing Riverview to construct and operate a direct coal hydrogenation Refinery that would convert coal to liquid fuels such as diesel and naphtha product. The Refinery is stated to use VEBA Combi Cracking technology. The use of such technology is stated to be projected as the first by any other facility in the United States.
The Petitioners challenge the permit issuance by arguing:
- The permit is unlawful because its issuance violated public participation requirements.
- The permit is invalid because IDEM has no basis to determine the refinery’s air pollution impacts.
- The permit unlawfully relies on deficient and erroneous emissions calculations.
- The permit unlawfully relies on deficient and inaccurate air quality modeling.
- The permit is unlawful because it does not require the best available control technology for certain pollutants.
- The permit is unlawful because it does not address flaring emissions adequately.
The Petition is filed in the Indiana Office of Environmental Adjudication and asks that the permit be vacated and declared invalid.
A copy of the Petition can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.