On September 29, 2011, the Ohio Environmental Review Appeals Commission (ERAC) issued a final decision upholding the FDS Coke Plant’s modified air permit-to-install (PTI) issued by Ohio EPA . In the final decision, ERAC found that FDS did have binding obligations that provide for a “continuing program of installation to be undertaken and completed within a reasonable time.”

As a result, ERAC has reaffirmed their prior decision granting FDS a Motion for Summary Judgment that dismissed legal challenges filed against the FDS Coke Plant’s modified air permit by the Village of Harbor View and Sierra Club.

A copy of ERAC's decision is available for downloaded -here-