ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Albemarle
Corporation's Petition for Contested Case Hearing to challenge a number of permit conditions imposed by Air Construction
Permit No. 1860-0004-DC for the hydrogen cyanide manufacturing process, issued by the Department of Health and
Environmental Control on October 7, 1999. The parties have resolved all issues except the applicability of 40 C.F.R. 63
Subpart GGG but have agreed to resolve the Subpart GGG issue with regard to hydrogen cyanide as well as to other
Albemarle processes by Albemarle's initiation of a request for declaratory ruling pursuant to S.C. Code Ann. §1-23-150.
THEREFORE IT IS ORDERED:
(1) That this appeal be dismissed without prejudice;
(2) The Department shall issue the construction permit for the hydrogen cyanide generation process for Albemarle as revised
to reflect the agreement of the parties on all appealed matters except as to the applicability of 40 C.F.R. 63 Subpart GGG;
(3) That notwithstanding the dismissal of this appeal, the final ruling in the request for declaratory ruling shall also determine
Subpart GGG's applicability to the hydrogen cyanide manufacturing process. The parties
acknowledge and agree that the request for declaratory ruling may include applicability of GGG to other Albemarle
processes as well as to hydrogen cyanide manufacturing. Should it be found that Subpart GGG is inapplicable to the
manufacturing of hydrogen cyanide, Albemarle shall submit information sufficient to obtain a revised permit to cover this
process;
(4) That in any request by Albemarle for declaratory ruling on the applicability of Subpart GGG pursuant to S.C. Code Ann.
§1-23-150, DHEC shall not interpose as a defense that Subpart GGG is not a "regulation of the Department" or that
Albemarle's voluntary dismissal of this appeal constitutes a failure to exhaust administrative remedies; and
(5) That should DHEC fail or refuse to issue the declaratory ruling, Albemarle may request that the Division reinstate this
contested case.
AND IT IS SO ORDERED.
________________________________
C. Dukes Scott
Administrative Law Judge
Columbia, South Carolina
December 2, 1999.
WE CONSENT:
__________________________________
Elizabeth B. Partlow
Ogletree, Deakins, Nash
Smoak & Stewart, P.C.
1501 Main Street, Suite 600
Post Office Box 11206
Columbia, South Carolina 29211
Phone (803) 252-1300
Fax (803) 254-6517
Attorneys for Petitioner
____________________________________
Alexander G. Shissias
Office of General Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Phone (803) 898-3349
Fax (803) 898-3367
Attorneys for Respondent |