We blogged earlier this month about an invitation the U.S. Environmental Protection Agency (EPA) issued to sources of hazardous air pollutants to apply for Presidential exemptions from certain National Emissions Standards for Hazardous Air Pollutants (or NESHAPs for short).   By way of background, section 112(i)(4) of the Clean Air Act empowers the President to exempt a source from the requirements of a NESHAPs for up to two years if he determines that two conditions are met: “the technology to implement [the NESHAPs] is not available;” and “it is in the national security interest of the United States” to grant the requested exemption. One more important point about section 112(i)(4): It allows exemptions to be made for sources, not entire categories or industries. We promised follow up on these exemption requests, and events transpired to make us bring you that follow up sooner than we thought.   On Earth Day (!!!) Tuesday, the Federal Register published an Executive Order that relies on section 112(i)(4) to exempt numerous coal-fired electric generating units from the NESHAPs for Coal- and Oil-Fired EGUs under section 112(i)(4), which was published on May 7, 2024, and went into effect on July 8, 2024. Those NESHAPs are referred to as the 2024 Mercury and Air Toxics Standard - or MATS Rule.   For coal-fired EGUs in western Pennsylvania, the most significant change made by the 2024 MATS Rule was a reduction in allowable emissions of filterable particulate matter, which serves as a surrogate for all emissions of metallic hazardous air pollutants (HAPs), excluding mercury.   The lower limit on filterable particulate matter emissions goes into effect in July 2027.  The 2024 MATS Rule left existing limits for coal-fired EGUs’ emissions of the other HAPs regulated by the Rule – hydrochloric acid and mercury – unchanged. So why the exemption?  In the order, the President determined the 2024 MATS Rule “requires compliance with standards that do not yet exist in a commercially viable form,” and thus that the rule’s compliance deadline “raises the unacceptable risk of the shutdown of many coal-fired power plants,” which purportedly would eliminate jobs, place the electrical grid at risk, and threaten “broader, harmful economic and energy security effects,” and in turn “undermine our national security.” Notwithstanding that, it may not come as a surprise that when EPA promulgated the 2024 MATS Rule, it did in fact determine that not only was the technology needed to implement the rule “available,” the “vast majority” of coal-fired EGUs already meet the Rule’s lower emission limit for filterable particulate matter. Further, at least in the comment/response section published in connection with the final 2024 MATS Rule, no one claimed that the rule would impact national security.   The President’s order exempted six coal-fired EGUs in western Pennsylvania from the 2024 MATS Rule for a period of two year s, presumably beginning when the Rule goes into effect in July 2027:   Colver Power Plant  in Cambria County;  Ebensburg Power Plant  in Cambria County;  Scrubgrass Power Plant  in Venango County;  Seward Power Plant in Indiana County (those four electric generating units burn waste coal);  Keystone Generating Station in Armstrong County; and  Conemaugh Generating Station  in Indiana County (the operators of Keystone and Conemaugh have announced that they plan to shut the plants down by the end of 2028, at the latest, in order to avoid having to comply with rules governing coal-fired EGUs’ wastewater discharges). It seems clear that the exemptions do not satisfy section 112(i)(4)’s requirements. Let us count the ways: First , the exemption was made on an industry-wide basis, not a source-by-source basis as section 112(i)(4) plainly requires.   Second , because of the lack of source-by-source determinations, it is impossible to know how the control technology needed to comply with the 2024 MATS Rule might not be “available” to a particular source – if the “vast majority” of coal-fired EGUs are already meeting the new filterable particulate matter emission limit, why (if at all) can’t the six western Pennsylvania electric generating units?   Third (and similarly), it is also impossible to determine how the continued operation of a particular electric generating unit might be claimed to be in the interest of national security – larger coal-fired electric generating units in our region than the six exempted (including the Bruce Mansfield plant and Homer City Station) without anyone claiming that those shutdowns adversely impacted national security.   “The justifications made in the President’s Executive Order are completely conclusory. It would not come as a surprise if the exemptions were challenged in court on any one or more of these bases,” said GASP Senior Attorney John Baillie. Because the exemptions given to coal-fired EGUs seem to be the first exemptions ever made by a President under section 112(i)(4), this is unprecedented stuff. We will continue to follow developments with the administration’s use of section 112(i)(4) and report on them.

Group Against Smog and Pollution (GASP) on Tuesday again joined residents and fellow environmental advocates to tell Allegheny County Council that its inaction on crucial permit fee schedule changes has already done real harm - and that action must be taken ASAP. GASP has been advocating for the fee schedule changes for nearly a year. Here's what Patrick wrote to council: Dear Members of County Council, I am writing to express profound disappointment and frustration regarding the continued delay in approving long-sought air quality permit fee schedule changes. This inaction represents a blatant disregard for expert recommendations, the will of your constituents, and, frankly, federal law. Let us AGAIN be clear: These permit fee increases are not punitive measures. They are a necessary adjustment to reflect the actual costs incurred by the Allegheny County Health Department’s Air Quality Program for services rendered to permitted facilities. These are services mandated by the Clean Air Act, including air modeling, administrative oversight, and legal compliance work. By failing to approve these adjustments, you are shirking your responsibility to ensure the program's self-sufficiency, which is mandated by the Clean Air Act. And your failure to take action has had real impacts on the Air Quality Program and its ability to protect public health. Allegheny County administrator Kim Joyce told the Air Advisory Committee that the Air Quality Program is currently operating at a deficit, and that the only reason that deficit hasn’t ballooned further is because ACHD is not filling 12 vacant positions. To be clear: Right now, there are no new community projects or hiring on the horizon. Officials are merely trying to maintain the status quo. Allegheny County residents deserve local governance that prioritizes responsive and responsible action. Full stop. The continued stonewalling is irresponsible and a betrayal of public trust. It’s an extremely poor look for council - one that voters will be sure to remember. Do the right thing: Place the air quality permit fee schedule changes on the agenda for discussion before the entire council, because sending it back to the committee that already affirmatively recommended was a placeholder move at best. We - the citizens you are here to represent - deserve better. Editor's Note: Stay tuned, GASP continues to follow this issue closely and will keep yinz posted.

Recent incidents at U.S Steel’s Clairton Coke Works and Edgar Thomson facilities sparked rage and concern among frontline residents and prompted a pair of public statements from the Allegheny County Health Department (ACHD). The statements provided preliminary details about the incidents - which occurred on Feb. 5 at the Clairton Coke Works and Feb. 23 at the Edgar Thomson facility - and noted that ACHD was investigating. Since then, ACHD has released no further details and no associated enforcement documents have been posted to the department’s online docket. As part of our watchdog work, GASP made public records requests to ACHD seeking all documents associated with the incidents, including emails and voicemails.  Those requests were approved in part and denied in part. That means that there were some documents that were not released because they were exempt from the Right to Know law. Why? Because the requested documents were part of an active non-criminal investigation, contained proprietary business information, or were protected by attorney-client privilege (all kosher reasons). The documents we did receive help provide more information about ACHD’s investigative process and the actions taken by both U.S. Steel and the department following the incidents. “We think it’s important to share these types of documents not only as a way to ensure that industrial facilities and our local air quality regulators are doing their jobs, but also to help residents understand what things like breakdown reports look like and what kind of information they include,” GASP Executive Director Patrick Campbell said. “Most of all we want to help folks understand what should happen after an incident at the Mon Valley Works and what did happen after the most recent incidents.” So, before we get into those documents and what DID happen, we first have to take a look at what SHOULD have happened and why. Title V Permits & What They Require After a Breakdown Industrial facilities like U.S. Steel’s Clairton Coke Works and Edgar Thomson plant are subject to a Title V Operating permit . These permits are hundreds of pages long and address every aspect of the facilities’ operations. This includes details related to what the facility operator must do in the event of an equipment breakdown.  At both Clairton Coke Works and Edgar Thomson, U.S. Steel is required to take certain actions “in the event that any air pollution control equipment, process equipment, or other source of air contaminants breaks down in such manner as to have a substantial likelihood of causing the emission of air contaminants in violation of this permit, or of causing the emission into the open air of potentially toxic or hazardous materials.” Those actions include: Notifying ACHD “immediately” but no later than 60 minutes after the breakdown. Providing written notice to ACHD within seven days after the incident. And those notices - no matter oral or written - need to contain a spate of information including: Identification of the equipment that broke down, including location and permit number The nature and probable cause of the breakdown The expected length of time the equipment is expected to be inoperable and emissions will continue Identification of what specific materials (and their quantities) that are being emitted and a statement concerning their toxic qualities “including its qualities as an irritant, and its potential for causing illness, disability, or mortality” Measures taken or being taken to minimize the length of the breakdown And that additional info requested by ACHD “be submitted as expeditiously as practicable…unless otherwise directed by the department.” The permits also require U.S. Steel to notify ACHD when the condition causing the breakdown is placed back in operation “by no later than 9 a.m. on the next County business day.” We know that’s a LOT of info. So, let’s all take a deep breath and get ready to dive into those incidents and associated documents obtained through the state Right to Know process. About the Feb. 5, 2025 Breakdown at Clairton Coke Works In the early hours of Feb. 5 an explosion occurred at the Clairton Coke Works injuring two workers. Here’s ACHD’s statement :  According to US Steel information provided to the Allegheny County Health Department (ACHD) today, there was an issue with its B Battery at the Clairton plant overnight. They discovered there was a hydraulic failure in a switch of the battery, which led to a buildup of combustible material in the under-fire system, which then ignited.  That caused an audible “boom” that some residents may have heard, as well as 20 seconds of emissions to leak. The battery was not damaged but was put on idle pending further investigations by US Steel.  US Steel also reported to ACHD that two individuals, as a result of the incident, needed first aid treatment for getting material in their eyes and went to the hospital but do not have serious injuries.  While there was an uptick in readings at the Clairton monitor around 4:45 am this morning lasting approximately 75 minutes, the pollution rates rose from 3.5 to 8 µg/m which is well under the EPA 24-hour rate of 35 µg/m. ACHD will continue to monitor results closely. While an initial breakdown report  U.S. Steel submitted to ACHD indicated that the incident in question occurred around 5 a.m., the documentation was received by the department at 10:29 a.m., which appears to have violated the terms of the facility’s Title V permit, missing the reporting deadline by more than four hours. The written report U.S. Steel was required to submit to ACHD within seven business days appears to have been provided on time: It should be noted that, according to the document, the B Battery at Clairton Coke Works was damaged and out of commission through Feb. 17 - 12 days after the original incident. Our documents request also yielded a series of internal emails among ACHD staff regarding PM2.5 concentrations at official monitors and analysis of official data. Those documents can be viewed here , here , and here . It should also be noted that eight documents related to the incident were not released because they could be part of a non-criminal investigation. As of the date of publication, no notices of violations have been posted to the ACHD enforcement docket related to the incident. About the Feb. 23, 2025 Incident at the Edgar Thomson Facility ACHD on Tuesday, Feb. 25 issued a statement about a breakdown at U.S. Steel’s Edgar Thomson facility - one that occurred two days earlier. Here’s one of two statements  the department sent that day: A review of the initial breakdown reports U.S. Steel sent to ACHD appears to show  the company first alerted ACHD via phone call within an hour of the reported incident: This correspondence was followed up with this written report on Monday, Feb. 24: Remember when we said ACHD issued two statements Feb. 25? While the first dealt with the breakdown, the second addressed sulfur dioxide exceedances  that occurred at the North Braddock monitor (the official monitoring station closest to the Edgar Thomson facility). Note: While ACHD’s press release did not directly connect the exceedances to the Feb. 23 breakdown, it did included associated documents in GASP’s records request, which would suggest that they are, indeed, related.  In the exceedance release, ACHD stated it was investigating, and documents provided in GASP’s record request suggests that U.S. Steel was not responsive to requests for additional emissions-related information.  Air Quality Program staff initially reached out to U.S. Steel by phone on and then followed up with this email on the morning of Feb. 25, asking for details to be sent by 10 a.m.: ACHD then sent a second, more strongly worded email  the next day with a hard deadline. It should be noted that Allyson Holt, ACHD’s air quality manager of compliance and enforcement, was CC'd on this correspondence: No responses from U.S. Steel were included in GASP’s public records request, which would suggest that ACHD did not receive a response, or that the response - or responses - were not disclosed because the issue is under non-criminal investigation or is otherwise exempt as explained in ACHD’s final response to GASP’s records request. What Happens Next? GASP continues to follow these enforcement issues closely. Notices of violations related to these and other air quality compliance documents are posted to the ACHD enforcement docket. “Unfortunately, that docket has not been updated since Sept. 11, 2024,” GASP Communications Manager Amanda Gillooly explained. “But we have reached out to ACHD’s spokesman, who confirmed that the Air Quality Program was working to get that resource updated. As soon as I see it online, we will provide yinz with an update.” Stay tuned!