At GASP we don’t just monitor air quality issues and push back against industrial polluters’ illegal emissions – we also try to hold air quality regulators accountable for doing their jobs and fulfilling the duties that air pollution laws impose on them.   This includes tracking how efficiently Pennsylvania regulators – specifically, the Allegheny County Health Department (ACHD) and state Department of Environmental Protection (DEP) – process permit applications for sources of air pollution (more on the significance of those permits below).    Since 2018 we’ve reported on the backlogs that exist at ACHD as well as DEP’s six regional offices for processing applications for Title V Operating Permits - permits the Clean Air Act requires the largest sources of air pollution to obtain.    “The backlogs have indeed improved over the years,” said GASP Senior Attorney John Baillie said. “Unfortunately, there are still trouble spots.”   In short: The backlog of permit applications at DEP’s Northwest Regional Office has grown over the last couple of years, while the backlogs of applications at ACHD and DEP’s Northeast Regional Office unfortunately increased this year following several years of improvement.   Here’s what our review turned up this year and what you need to know about those permits.   Title V Operating Permits: What They Are, Who Needs Them & How They’re Issued   Operating permits for major sources of air pollution are required by Title V of the Clean Air Act and are commonly called Title V Operating Permits. A Title V Operating Permit for a particular facility must contain all operating requirements that air pollution laws impose on the facility.   This helps facilitate compliance with those requirements. Why? Because both regulators and the public can use a facility’s Title V Operating Permit to determine what requirements it has and whether the facility is complying with them.   A major source must apply for a Title V Operating Permit once it begins normal operations, and the permitting authority gives it notice that it must submit a permit application. A Title V Operating Permit is good for five years, and sources must apply to renew their Title V Operating Permits before their old ones expire.   The Clean Air Act, as well as Pennsylvania’s and Allegheny County’s air pollution control regulations, all require that the agency responsible for issuing Title V Operating Permits finish its review of any complete permit application within 18 months.    Notably, the Clean Air Act allows a source that has submitted a complete application for a Title V Operating Permit to continue to do business pending the responsible agency’s final approval of the application - even if agency approval takes years.   The Clean Air Act also requires the operations of the state and local programs that administer Title V Operating Permits be funded entirely from the emissions and permit fees paid by the sources  subject to the requirements of Title V.   About Our Investigative Report… We first blogged about the backlogs of applications for new and renewed operating permits for major sources of air pollution that existed in DEP’s Southwest Regional Office and in Allegheny County (where Title V sources are regulated by ACHD) in September 2016.     In April 2018, we updated that research and expanded it to include sources permitted by DEP’s other five regional offices. We have updated that  research every year since.  About the Backlog at the Allegheny County Health Department   There are now 26 major sources operating in Allegheny County.    One of those facilities has applied for, but has never been issued, a Title V Operating Permit – ATI Flat-Rolled Products (which was formerly known as Allegheny Ludlum Brackenridge Works) - although ACHD did  published a draft permit for the facility last fall.    ACHD has failed to act on renewal applications for seven of the 26 major sources in Allegheny County within 18 months  as its regulations require: About the Backlog at DEP’s Southwest Regional Office   For purposes of air quality permitting, DEP’s Southwest Regional Office includes sources in Beaver, Cambria, Fayette, Greene, Somerset, Washington, and Westmoreland Counties.    Responsibility for administering the Title V permitting program for sources in Armstrong and Indiana Counties was transferred to DEP’s Northwest Regional Office in early 2019.  We currently count 54 major sources under the jurisdiction of the Southwest Regional Office. There are a lot of different things going on with the permitting of major sources in the Southwest Region.   Three major sources in the Southwest Region do not have Title V Operating Permits in place but have applied for such permits within the last 18 months:    the Brunner Landfill in Beaver County (which has had issues with its air pollution permits , and has never had a Title V Operating Permit) Hunter Panels in Fayette County (which was once permitted as a major source, was reclassified as a minor source, and then recently reclassified back to a major source), and Hill Top Energy Center in Greene County (which is newly constructed)   Here’s what’s going on with the other facilities:   Holcim Solutions in Westmoreland County, was (like Hunter Panels) recently reclassified as a major source but has not yet submitted an application for a Title V Operating Permit;   The Tenaska Westmoreland Generating Station in Westmoreland County, has been constructed and has operated for many years under it preconstruction permit, but has not yet applied for a Title V Operating Permit;  Markwest Liberty Midstream & Resource’s Houston Gas Plant has had applications pending at one time or another for both a minor source operating permit and a Title V Operating Permit. The facility appears to have neither an operating permit (of any kind) currently in place nor an application for such a permit currently pending. At least from the information available on DEP’s eFACTS website, it not clear whether DEP has classified this source as a major source subject to Title V or a minor source.   Despite all of that, only one major source in the Southwest Region has had an application for its Title V Operating Permit pending for more than the 18 months allowed by the Clean Air Act:   About the Backlog at DEP’s Northwest Regional Office DEP’s Northwest Region includes Armstrong and Indiana Counties for Title V permitting purposes, as well as Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, and Venango Counties.    We count 63 active major sources of air pollution in the Northwest Region.    Two of those sources – Hickory Run Energy in North Beaver Township, Lawrence County and the Tri-County Landfill near Grove City, Mercer County – are new, and either still have an application for an initial Title V Operating Permit still pending (Hickory Run Energy) or are still operating under a Plan Approval from DEP and have not yet applied for a Title V Operating Permit (Tri-County Landfill).    Another facility, Webco Industries in Oil City, Venango County, was newly reclassified as a major source and still has its application for its first Title V Operating Permit pending.    Including Hickory Run Energy and Webco Industries, eight of the 68 facilities in the Northwest Region have had renewal applications for their Title V Operating Permit pending for more than 18 months:   About the Backlog at DEP’s Northcentral Regional Office   DEP’s Northcentral Region includes Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union Counties.  We counted 49 major sources of air pollution in the Northcentral Region.  One facility in the Northcentral Region has had an application to renew its Title V Operating Permit pending for more than 18 months:   About the Backlog at DEP’s Southcentral Regional Office   DEP’s Southcentral Region includes Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York counties.    We counted 95 active major sources of air pollution in these counties.    Only one source in the Southcentral Region has had a renewal application for a Title V Operating Permit pending for more than 18 months: About the Backlog at DEP’s Northeast Regional Office DEP’s Northeast Region includes Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne, and Wyoming Counties.    We have counted 53 major active sources of air pollution in those counties, five of which have had applications to renew their Title V Operating Permits pending for more than 18 months: Worth noting: DEP’s eFACTS website (which tracks the status of facility permits) does not show that the Chrinergy Power facility has an application to renew its operating permit pending as of June 9; a source violates the air pollution laws if it continues to operate without submitting a timely application to renew or replace its operating permit. The facility does, however, have a plan approval from DEP in place and could be operating legally pursuant to that.   About the Backlog at DEP’s Southeast Regional Office   DEP’s Southeast Region includes Bucks, Chester, Delaware, and Montgomery Counties for purposes of permitting sources of air pollution (Philadelphia’s Air Management Services administers the Title V permitting program for facilities located in Philadelphia).    We counted 71 active major sources of air pollution in the Southeast Region, two of which have had renewal applications for Title V Operating Permits pending for more than 18 months: To help better illustrate the trends, we created this visual of what the permit backlogs at ACHD and DEP’s regional offices have looked like since 2018:                 The Bottom Line   "The permit backlogs at ACHD, the Northwest Regional Office, and the Northeast Regional Office should spur the people at those offices to take a look at what they can do to process permit applications in a timelier manner," Baillie said. "Title V Operating Permits are a valuable tool for assuring compliance with Clean Air Act requirements — having up-to-date permits available helps to provide the public with cleaner air to breathe as the law guarantees."

Editor’s Note: The Allegheny County Health Department periodically updates its website to include documents related to air quality enforcement actions. As part of our watchdog work, GASP monitors this webpage and reports on the air quality violations posted there. The Allegheny County Health Department (ACHD) has taken enforcement action against two companies for asbestos abatement-related violations and a resident for open burning infractions. While many people think asbestos is a thing of the past, it’s still very much a public health issue here in Allegheny County. Exposure to airborne asbestos fibers can cause serious health issues including asbestosis, lung cancer, mesothelioma, and pleural disease. And there is no safe minimum level of exposure to asbestos. An estimated 10,000 cases of asbestos-related disease occur each year in the U.S. as a result of past exposures. ACHD on April 25 issued an $8,000 penalty to Grandview South Homes, Mistick Construction Company, Hilltop Alliance, and Gatesburg Road Development for failing to provide notification of the state of demolition activities at The Grandview South Homes Project. By way of background: The Grandview South Homes Project is a publicly funded, urban renewal project involving the demolition of eight structures in the Allentown neighborhood of Pittsburgh. The demolition activity for this urban renewal project requires notification 10 days prior to the start of demolition activities.  We want to note that this is not the first time that Mistick Construction appeared on the ACHD enforcement docket. ACHD also took asbestos-related enforcement action against the company in 2022 . The company was also issued a warning of violation letter that year. You can read the entire enforcement document here. The enforcement action has been appealed. You can read t he appeal document here. The department on May 23 suspended the asbestos abatement license for Green Development after its manager Naydia Green reportedly submitted false information to ACHD through an asbestos abatement permit application and demolition notice for a publicly funded project in Wilkinsburg.  According to the enforcement document: The false or inaccurate information included work practices listed in the application were not being utilized and that air monitoring was to take place and there was no air monitoring occurring.  The municipally funded demolition activity at 1402 Hill Avenue requires notification ten days prior to the start of demolition activities. Green Development failed to notify ACHD of demolition activity 10 days prior to the start of work for the structure at 1402 Hill Street.  To have its asbestos abatement contractor license reinstated, Green Development must submit a compliance plan “describing how they will correct all compliance issues and demonstrate an ability and willingness to comply with all Article XXI Requirements and to not submit false information to ACHD.” You can read the entire enforcement document here. ACHD also took enforcement action against William Lysaght of South Park, who the department said was burning wooden furniture at his residence. ACHD issued a $935 civil penalty in the wake of repeated open burning complaints from neighbors. For the uninitiated: No material other than untreated clean wood, propane, or natural gas may be burned per ACHD open burning regs. You can read the entire enforcement document here.

Editor’s Note: The Allegheny County Health Department periodically updates its website to include documents related to air quality enforcement actions. As part of our watchdog work, GASP monitors this webpage and reports on the air quality violations posted there. Allegheny County Health Department (ACHD) recently issued fines against two Neville Island facilities for air quality violations - Lindy Paving and INEOS. ACHD on April 25 slapped INEOS Composites with a $17,825 fine for three violations that occurred in 2024: Exceeding the short-term emissions limit for carbon monoxide during compliance testing of the facility’s thermal oxidizer  Exceeding the hourly emissions limit for particulate matter (PM10) during that compliance testing. Continuing to operate the thermal oxidizer when it was out of compliance. For the uninitiated: INEOS manufactures and sells polyester and vinyl ester resins, gelcoats and low-profile additives for the plastics industry. You can read the entire enforcement order here. ACHD on April 25 also fined Lindy Paving $1,500 for failing to report a breakdown that occured at the company’s Neville Island facility on Aug. 8, 2024, that resulted in excess emissions. According to the enforcement order, Lindy did not provide ACHD with an initial breakdown report within 60 minutes, as required by its operating permit. The company also failed to provide a written follow-up report to the department within seven days as required by its permit. In fact, Lindy did not provide further information on the incident to ACHD until Oct. 3, 2024. You can read the entire enforcement order here. For folks unfamiliar with Lindy Paving: The company produces asphalt and concrete for the paving industry. It was unclear why there was such a long gap between when the violation occurred and when the enforcement actions were issued. Stay tuned. GASP continues to follow these enforcement issues closely and will keep you posted.