Last week the Allegheny County Health Department (ACHD) and the Pennsylvania Department of Environmental Protection (DEP) issued a series of occasionally color-coded warnings, watches, and alerts as waves of smoke from Canadian wildfires descended upon, passed very nearby, or lingered around communities in southwestern Pennsylvania. If you found it all a bit confusing, that makes two of us. While a sliver of good news is that air quality was much less poor locally than it was in areas farther east, two facts remain: At times, air quality was poor, and At times, the messages conveyed to the public did not explain the situation clearly or accurately. Thanks to a host of factors, air quality in our area will continue to experience bad spells and the solutions are not simple. At the same time, improving how air quality agencies inform, warn, and educate the public can and must be improved quickly. To help the public decipher what they were reading last week and make some of the agencies’ deficiencies clear to those agencies, we put together this Q&A: First things first: How bad did air quality get locally? It was bad, but we’ve seen worse. Based on averages of hourly data, air quality exceeded the daily federal health-based standard for fine particulates (PM2.5) at five of ACHD's six monitoring sites at some point on June 6 and 7. Air quality wasn’t great pretty much all week. Were all the warnings justified? Absolutely. Even on days when air quality wasn’t ideal but ended up within the federal standard, various models and forecasts showed the potential for conditions to deteriorate in a hurry. Example: On June 7, the average PM2.5 concentrations across southwest Pennsylvania ended the day at around 30 micrograms per cubic meter (ug/m3). That includes a DEP monitoring site in Johnstown. In Altoona, the daily average was 75 ug/m3, and in State College, the daily average was 125. It would not have taken much of a shift in the wind to push those numbers into our area. Justified or not, why did the warning, watch, and action messages change terminology so often? The answer involves both geography and who is in charge. Messages addressing a Mon Valley Watch or Mon Valley Warning relate specifically to an ACHD regulation designed to address periods of poor air quality referred to as episodes. The Mon Valley Episode Rule requires companies that emit PM2.5 to take certain actions when poor air quality is in the forecast and more actions when air quality exceeds the EPA standard. GASP put together a detailed explanation of the rule that you can read more about here. Both ACHD and DEP can declare Air Quality Action Days, but ACHD can only declare them for all or parts of Allegheny County; DEP can declare them statewide. These declarations are usually color-coded to reflect the expected poor air quality. These colors correspond to the EPA’s AQI color-coding and messaging for informing the public about the severity of conditions, health risks associated with those conditions, and actions people could take to minimize risk. We noticed some ACHD messages sent via Allegheny Alerts mentioned DEP Action Day determinations but some didn’t. We think this might be related to the specific messages users signed up to receive, but we aren’t sure and will work on finding an answer. Why didn’t ACHD messages mention the EPA’s AirNow system? We have no idea. Last week, messages and outreach from the DEP, EPA, Centers for Disease Control (CDC), National Weather Service (NWS), and PA Emergency Management Agency – to name just a few – encouraged people to utilize EPA’s AirNow forecasts, maps, and real-time conditions tracking as a way to reduce exposure to harmful pollutants. The AirNow system is not perfect. The real-time conditions (called the NowCast AQI) are the product of an algorithm that heavily weighs the most recent few hours – meaning it isn’t exactly real-time. Another concern is that it bases the color-coding and warning messages on PM2.5 levels associated with a 24-hour average. Still, it is an invaluable tool for anyone interested in avoiding high levels of air pollution. ACHD’s refusal or failure to share and promote it is troubling. Ironically, at a conference in Delaware County on June 8, the DEP proudly touted the benefits of paying attention to AirNow (check it out - the clip is 3.5 minutes total, starting at 4:07:00 - https://www.youtube.com/watch?v=fg622W14Qtc) Suffice it to say this is a topic we’ll address again. Stay tuned. EPA. DEP. ACHD. It’s all bureaucratic alphabet soup to me. Who exactly is in charge? All three agencies play a role. Here’s the breakdown: ACHD operates all monitoring stations in Allegheny Count, reports the results to EPA hourly, and adds local expertise to outreach and forecasts. The DEP operates monitoring stations statewide except for in Allegheny County and Philadelphia (which also has its own health department), it also reports the results to EPA hourly, and issues statewide air quality forecasts. The EPA sets standards and has a platform for nationwide reporting of air quality data. What last week highlighted was that three agencies taking three approaches to outreach only ensures confusion. And in that confusion, people suffer or are put at unreasonable risk of suffering. ACHD didn’t share EPA messages. DEP messages didn’t mention Allegheny County nuances. In a modern, connected world, such things are objectively, patently, embarrassingly, and completely absurd. The public needs consistent, regular, accessible messaging, something that - with a little effort - these agencies could deliver. Was the campfire I had last week illegal? If you were in Allegheny County, yes. Wood burning is prohibited in any of the municipalities covered by a Mon Valley Watch or Warning when such a Watch or Warning is declared. Wood burning is also prohibited in any portion of the county under an Air Quality Action Day declaration. If you were anywhere else in western Pennsylvania, having a campfire wasn’t a great idea, but legal. What’s the chance of the situation improving? We are optimistic, but change will take some effort. Based on decades of experience reinforced by a few very positive interactions we had last week with staff at the relevant agencies, we know dedicated caring people are working on these issues. Unfortunately, agency staff are not able – physically and/or fiscally – to accomplish everything they’d like to. Sometimes they only can accomplish what decision-makers higher up in the chain of command deem is most important. We also know that opportunities for the public to provide feedback to those decision-makers are limited. Here in Allegheny County, these opportunities existed in the form of ACHD Air Pollution Control Advisory subcommittees. Unfortunately, after many years of consistent by-monthly meetings, two of those three subcommittees - one dedicated to pollution prevention and education and the other to monitoring - have not convened in months. The ACHD website indicates that the next meeting date for those subcommittees is TBA. We’re working to get answers and action on when the public can expect these meetings. Stay tuned - we’ll keep you posted.

At GASP, we aim to be a resource for EVERYONE to better understand and take action on critical air quality issues specific to their neighborhoods. Thanks to a grant from the Pennsylvania Department of Environmental Protection (DEP), we’ve been able to ramp up these efforts even more: GASP crafted an educational primer for elected officials that explores everything from air quality sources, regulations, and regulators to grant funding opportunities and community resources. But it's not JUST for elected officials - we want to make it available for everyone: Check it out here. We also took our environmental educational advocacy on the road, hosting air quality workshops in Allegheny and surrounding counties for local elected and municipal officials. Our hope? That these boot camps will help equip our local leaders with the info and resources they need to represent you on the air quality front better. Now, we’re making the recording of that presentation available to EVERYONE. We hope the information presented in the primer and via the workshop recording can help equip folks with the knowledge and resources they need to be more effective air quality watchdogs and changemakers in their communities. "We know so many of our members are active in their communities and regularly attend municipal and school board meetings," GASP educator Laura Kuster said. "We hope this primer helps them be better advocates and we encourage them to share these resources with their local elected officials." Check it out:

The Route Zero Relay on Monday continued its nationwide journey, marking its stop in Pittsburgh, where GASP was honored to stand alongside Pittsburgh Mayor Ed Gainey, state Senator Lindsey M. Williams, and others for a press conference urging robust public support for zero-emissions vehicles and the substantial investments in clean transportation. Pennsylvania - and the rest of the country - are on a path to a zero-emission future, spurred by historic investments in charging infrastructure, battery manufacturing, and tax incentives encouraging consumers to make the transition to electric and hybrid vehicles. Remaining on the route to zero emissions requires strong federal clean car standards - a major focus of the Route Zero Campaign. Mayor Ed Gainey highlighted the combined potential of local and federal climate action to transform American transportation. "A strong federal partnership is essential for our progress towards a zero-emission future in our city and on a state level," he said. "The Route Zero Relay emphasizes the importance of clean transportation and air quality for communities like our own. By working together, local, state, and federal governments can accelerate our transition to electric and hybrid vehicles, improving public health and fostering a sustainable future for generations to come." But let’s stop here for just a little bit of background: The Route Zero Relay is traveling across the country, spotlighting stories from Americans about how they would benefit from reduced tailpipe pollution and cleaner air, where they see opportunities for zero-emission vehicles, and how cities like Pittsburgh are proactively working toward clean transportation initiatives. Critical to the journey on Route Zero? The Environmental Protection Agency (EPA) recently proposed strong federal clean car standards. "Pennsylvania needs to adopt policies around electric vehicle ownership that balance our environmental and economic needs while ensuring that working families aren't priced out of the EV market," said Williams said. "This includes setting fees and making strategic use of the federal infrastructure money available to help school districts electrify their school bus fleets. We're all on the journey to zero emissions—we need to make sure that road is accessible and open for everyone." The transportation sector is the leading source of carbon pollution in Pennsylvania and in the country, leading to Pennsylvania residents breathing some of the most polluted air in the U.S., while at the same time fueling the climate crisis. "Route Zero is a powerful demonstration of our collective commitment to a zero-emission future," said Campbell. "Air pollution from vehicles is a pressing issue for our communities. Its harmful impact can be seen in air quality and in the health of Pennsylvanians, especially those living in underserved communities that have borne the greatest burden for too long. Today, we urge bold action from the EPA for significant clean car safeguards to improve public health." "Pittsburgh is among the worst-ranked areas in the country for air quality, and particle pollution is a known trigger for asthma attacks and increases the risk of heart disease and lung cancer, and other chronic lung diseases," said Dr. Stephanie Maximous, a pulmonary and critical care physician. "We have to increase the sense of urgency. Stronger clean car standards provide the opportunity to put us on the right path to zero emissions." Speakers encouraged the Biden Administration and the EPA to sustain their commitment by finalizing the strongest-possible federal clean car standards that would apply to automobiles and light-duty trucks for model years 2027 through 2032. The public comment period for clean car standards is now open, and the Route Zero Relay is encouraging people across the country to submit comments on the Federal eRulemaking Portal: https://www.regulations.gov/​ using the Docket ID No. EPA-HQ-OAR-2022-0829-0451. The Route Zero relay will "deliver" these comments to Washington, DC at the end of this comment period. Editor’s Note: You can watch the full press conference here. Or you can read Patrick’s full remarks here: Smoke billowing into our area last week from the Canadian wildfires and the unhealthy air quality it spurred was a stark reminder for many about just how quickly Climate Change can get personal. Pennsylvanians across the Commonwealth were advised to stay indoors, to run air filters in their homes, and to mask up if they needed to go out. In the Pittsburgh area, though, the air quality impacts of those plumes were like pouring salt on a wound. Because here in Pittsburgh, we wake up to some of the worst air quality in the country all too often. While legacy polluters are a culprit, we know dirty diesel and other gas-powered vehicle emissions also contribute to the smog on bad air days. We also know Ignoring carbon pollution from vehicles only exacerbates the injustices facing communities that have disproportionately borne the greatest impact from tailpipe pollution. That’s one reason GASP has worked so hard over the years to advocate for anti-idling laws and usher in Clean Construction policies - and why strongly support our journey to zero emissions: By investing in cleaner cars, we can reduce harmful pollution and help protect our most vulnerable neighbors. When it comes to environmental policies, this one is truly a win-win. These stronger standards will help protect public health, advance environmental justice, fight climate change, and save consumers cash at the pump. We urge local residents to join GASP in speaking out and telling the EPA it must act quickly to enact the strongest-possible clean car standards because the health and welfare of so many depend on it.

GASP program manager and resident smoke reader Sue Seppi on Friday led a group of local residents on a tour of Clairton to observe emissions from U.S. Steel’s Coke Works facility - helping them understand how to evaluate smoke opacity and make more effective air quality complaints. “We hear from folks all the time who want to get more involved in improving air quality conditions in their neighborhoods,” GASP Executive Director Patrick Campbell said. “That’s why we’re so excited to get out into local communities long impacted by industrial polluters like U.S. Steel to equip residents in these neighborhoods with the skills they need to be more effective air quality watchdogs.” Never heard of smoke readers? It’s a general term applied to people who are trained and certified to recognize and understand visible emissions from sources such as smokestacks, as well as what violations look like, and how to make reports. “Smoke reading is an excellent way for residents to take action in their own communities by observing the facilities that are of concern to them,” Seppi said. “Readings by our volunteers increase regulatory scrutiny on polluters, as government inspectors can’t be at every facility at all times.” Stay tuned: GASP’s smoke reading tour may be coming to a neighborhood near you. Follow us on Twitter, Instagram, and Facebook - we’ll keep you posted.

A cornerstone of GASP’s clean air advocacy is watchdog work. We keep tabs on more than just air quality data and emissions spewing from industrial polluters - GASP also works to keep our air quality regulators accountable. Here in Allegheny County, that means evaluating how efficiently our air local quality regulator - the Allegheny County Health Department (ACHD) - is managing the issuance of new air quality permits and renewals. For the uninitiated: GASP’s legal team first sounded the alarm about a backlog of applications for new or renewed Title V Operating Permits for major sources of air pollution in Allegheny County back in 2016. We’ve provided periodic updates about ACHD’s efforts to whittle down that backlog and even expanded our watchdog work to include analyzing the Pennsylvania Department of Environmental Protection’s (DEP) permit backlog. “Our investigation found that while improvements were initially made by ACHD and DEP to reduce their Title V permit backlogs, progress appears to be stalled in some regions,” GASP Executive Director Patrick Campbell said. “There are still too many major sources of air pollution operating under old permits and, unbelievably, some that are operating without any operating permit at all." Here’s what our research uncovered and why we continue to sound the alarm over this backlog: Title V Operating Permits: What They Are, Who Needs Them & How They’re Issued The first thing you need to know is that operating permits for major sources of air pollution are required by Title V of the Clean Air Act, and thus are commonly called Title V Operating Permits. A Title V Operating Permit for a particular facility must contain all of the operating requirements that the air pollution laws impose on the facility. This helps facilitate compliance with those requirements - regulators and the public can use a facility’s Title V Operating Permit to determine the applicable requirements and help determine whether or not it is complying with them. A major source must apply for a Title V Operating Permit once it begins normal operations. These permits are good for five years and sources must apply to renew them prior to their old ones expiring. The Clean Air Act, Pennsylvania’s air pollution control rules, and Allegheny County’s air pollution control regulations all require that the agency responsible for issuing Title V Operating Permits complete its review of any complete permit application within 18 months. These laws also authorize citizens to bring actions in state court to compel agencies to issue permits for which complete applications have been pending for more than 18 months. It should be noted that the Clean Air Act allows a source that has submitted a complete application for a Title V Operating Permit to continue operating pending the issuing agency’s final approval of the application - even if agency approval takes years. The Clean Air Act also requires that 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. It’s also worth noting that the fees DEP charges for permit applications increased in early 2021 because the old fee structure was purportedly insufficient to fund the operations of its Air Quality Bureau. ACHD also revised its fee schedule to track DEP’s in 2021. Good news for that permit backlog, right? Not so much, says GASP senior attorney John Baillie. “The 2021 fee increases seem to have had little or no positive impact on DEP’s backlogs,” he explained, “In fact, the backlogs in four of DEP’s regional offices actually got worse from 2022 to 2023.” Now on to Allegheny County, where there are 23 major sources operating, two of which have applied for but have never been issued Title V Operating Permits - ATI Flat-Rolled Products (which was formerly known as Allegheny Ludlum Brackenridge Works) and Synthomer (which was formerly known as Eastman Chemicals & Resins). Although ACHD published a draft Title V Operating Permit for Allegheny Ludlum’s Brackenridge Works in 2016, it revealed problems with the way proposed emission limits for the facility were determined - issues that have yet to be resolved, further delaying the issuance of the Title V Operating Permit. Synthomer is subject to a 2011 federal and state Consent Decree that has a direct impact on its air quality permits and that effectively precluded the issuance of a Title V Operating Permit until it has been satisfied (which has yet to occur). Synthomer/Eastman Chemical did, however, finally submit its application for a Title V Operating Permit in February 2022. Further, ACHD has failed to act on renewal applications for another three of those 23 major sources within 18 months as its regulations require: For purposes of air quality permitting, DEP’s Southwest Regional Office includes sources in Beaver, Cambria, Greene, Somerset, Washington, and Westmoreland Counties. FYI: 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 52 major sources under the Southwest Regional Office’s jurisdiction. One of them, the Brunner Landfill in Beaver County, has applied for, but never been issued, a Title V Operating Permit. Three other major sources in the Southwest Region – CPV Fairview Energy Center in Cambria County, Hill Top Energy Center in Greene County, and Tenaska Westmoreland Generating Station in Westmoreland County – have been constructed and are temporarily operating under the authority of their plan approvals (or preconstruction permits), but have not yet applied for their Title V Operating Permits (yes, air pollution regulations allow this during the start-up process for a facility). Another nine sources in the region have renewal applications for operating permits that have been pending for more than 18 months: The Northwest Regional Office 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 64 active major sources of air pollution in this region. Three of those 64 facilities have had renewal applications for their Title V Operating Permit pending for more than 18 months: 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 this region. None of them have a renewal application that has been pending for more than 18 months. Only one site in the Northcentral Region has had an application to renew its Title V Operating Permit pending for more than 18 months: DEP’s Southcentral Region includes Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York Counties. We counted 118 active major sources of air pollution in the region, none of which have had a renewal application for a Title V Operating Permit pending for more than 18 months. All major sources in DEP’s Southcentral Region either have a current Title V Operating Permit or submitted a renewal application within the last 18 months. DEP’s Northeast Region includes Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuykill, Susquehanna, Wayne, and Wyoming Counties. We counted 59 active major sources of air pollution in those counties, four of which have had applications for their Title V Operating Permits pending for at least 18 months: Worth noting: DEP’s eFACTS website (which tracks the status of facility permits) does not show that Aptim/Keystone Recovery Throop, EPP Glendon, or Wheelabrator Frackville have applications to renew or replace their operating permits pending as of May 25, 2023. As a reminder, the regs stipulate that a facility violates the air pollution laws if it continues to operate without submitting a timely application to renew or replace its operating permit. 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 80 active major sources of air pollution in the Southeast Region, three of which have had renewal applications for Title V Operating Permits pending for more than 18 months: Worth noting and repeating: DEP’s eFACTS website does not show that the Darby Creek Tank Farm had an application to renew or replace its operating permit pending as of May 25, 2023. Again: The regulations are clear on this point - a source violates air pollution laws if it continues to operate without submitting a timely application to renew or replace its operating permit. Here’s a summary of what the permit backlogs at ACHD and DEP’s regional offices have looked like since 2018: Each Title V Operating Permit renewal application presents (at least potentially) a unique situation, so it is difficult to generalize about causes and solutions for the backlogs that continue to exist in Allegheny County and some DEP regions. However, with backlogs remaining - and even increasing - two years after DEP and Allegheny County introduced increased permitting fees, it seems increasingly unlikely that insufficient fee revenue caused the backlogs and that increased fee revenue will resolve them. “We hope that the regulatory agencies take a hard look at how they are allocating personnel and resources and find a way to do a better job of processing permit applications in a timely manner as the Clean Air Act requires,” Baillie said.

Remember the Regional Greenhouse Gas Initiative (RGGI), a cap-and-trade program for greenhouse gas emissions from power plants in the northeastern United States? For those who need a refresher: Pennsylvania has attempted to join RGGI, a subject that we blogged about several times, most recently here. The Associate Press reports that the Supreme Court of Pennsylvania is hearing oral arguments on the rule implementing RGGI in Pennsylvania today. We’ll follow any new developments and keep you posted.

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. There are new developments in the dispute between U.S. Steel and the Allegheny County Health Department (ACHD) over the air quality regulator’s attempt to impose stipulated penalties for violations of emission limitations at the company’s Clairton Coke Works facility. Such stipulated penalties are spelled out in a 2019 settlement agreement between ACHD and the Mon Valley steelmaker. Here’s what’s happening: First, U.S. Steel on Monday filed a lengthy petition to resolve the dispute, to which ACHD has yet to respond formally. Second, ACHD is asserting that U.S. Steel is not permitted to take discovery related to the dispute under the terms of that settlement agreement. GASP is currently reviewing the documents and continues to follow this issue closely. Stay tuned. We have an explainer in the works. In the meantime, we think it’s also worth noting that this is just the latest in a series of air quality-related appeals filed by the steelmaking giant. U.S. Steel in December appealed the Nov. 21 Title V Operating Permit issued by ACHD, alleging it imposes numerous unlawful enforceable conditions and that regulators exceeded their authority when creating myriad emissions limits at the plant. You can read more about that here. That’s not all: U.S. Steel in 2022 also appealed two ACHD enforcement orders and associated multi-million penalties. One dealt with illegal hydrogen sulfide emissions from the Clairton Coke Works. The other dealt with hundreds of uncontrolled pushing violations at the facility.

Did you know that many air quality regulations are based on plume opacity? In fact, Allegheny County Air Quality Program staff often attend what’s known as Smoke School to learn how to evaluate those plumes. Good news: Now, you can become familiar with those skills, too, and make more meaningful air quality reports as a resident smoke reader. Join GASP at 2 p.m. June 2 in Clairton to view and discuss emission plumes and become familiar with opacity and smoke reading. To get folks prepared for the afternoon, we will also be holding a Zoom meeting at 6 p.m. on Wednesday, May 31, where GASP’s in-house Smoke Reader will provide some general background info, and share plume photos and need-to-know information for the upcoming tour. We hope you can attend both events but one does not depend on the other. Some logistical details: We will visit two locations but the meet-up will start in Clairton at the end of Shaw Avenue as it becomes Ridge Avenue. Caldwell Street intersects at this point as well. This area offers an elevated view of the Clairton Coke facility. Please bring a clipboard, pen, and watch with a second hand if possible (or your phone could work, too). Save your spot and register here. Questions? Email sue@gasp-pgh.org. PS: The links for the Zoom session and more info on the event will be provided after registration.

An Allegheny County Common Pleas Judge last week issued an order certifying a class of more than 123,000 local residents in a lawsuit against the steelmaking giant filed in 2019 claiming the company was grossly negligent/reckless in the way it handled a Dec. 24, 2018 fire at its Clairton plant and its aftermath. In the order that you can read here, the judge wrote: There are possible difficulties Plaintiffs’ counsel will encounter when managing the approximate 123,000 member-class. Several of the potential difficulties that the Court anticipates are class notification as well as distribution of potential monetary damages. However, Plaintiffs’ counsel has argued that they are more than capable of handling the task ahead of them. The Named Plaintiffs have only alleged negligence and private nuisance as opposed to multiple claims that would require separate actions. The Court sees no reason not to certify the class based on the approximate size of the class; Pennsylvania courts have certified classes of larger sizes. The Court does not foresee any manageability issues that counsel could not handle. Not familiar with the underlying lawsuit? Here’s what happened: The suit that you can read here specifically alleges that U.S. Steel: Failed to develop and/or maintain adequate policies and procedures as necessary to prevent the Dec. 24, 2018, Clairton Plant fire; Failed to develop and implement an adequate mechanical integrity program necessary to prevent any such fires; Failed to develop, design, construct, inspect, maintain, operate, control, and/or engineer proper gas processing center compressors, piping, and/or pressure letdown devices as necessary to counter the risk of explosion or fire in its gas processing Failed to develop and employ a backup release management plan to control the release of noxious gas and other harmful emissions in the event of a fire; Failed to notify Plaintiff and the Class of the Dec. 24, 2018, Clairton Plant Fire and the hazardous emission levels until Jan. 9, 2019; Failed to sufficiently reduce production and thereby emissions at the Clairton Plant following the Dec. 24, 2018 fire and until the emission reduction system was repaired and functioning Otherwise failed to develop, design, construct, inspect, maintain, operate, control, and/or engineer its Clairton Plant to prevent catastrophic fires and uncontrolled releases of noxious gas and other harmful emissions. In the suit, attorneys for Linda Hernandez, 38, write that the fire “triggered repeated high health alerts from the Allegheny County Health Department, causing widespread nuisance discomfort (offensive odor, burning eyes, nose, and throat, difficulty breathing, sleep loss, headaches, anxiety) and impeding area residents’ use and enjoyment of their homes.” The suit seeks “lost use and enjoyment damages to vindicate private property rights – not enforcement of environmental statutes, regulations, or regulatory permits; monetary damages, not injuctive relief.” Punitive damages are also being sought. Editor’s Note: GASP followed the Clairton Coke Works fire and its aftermath closely and will continue to follow this story. We’ll keep you posted as the case proceeds.

Two bills introduced in the state Senate recently would exempt cars registered to owners in seven Pennsylvania counties - Blair, Cambria, Lackawanna, Luzerne, Lycoming, Mercer, and Westmoreland- from emissions inspection requirements and exempt cars statewide from the emissions inspection requirement for five years after they are manufactured. With respect to the first piece of proposed legislation, Senate Bill 561, the thinking of its sponsors seems to be that cars registered in those counties should be exempt because all areas in those counties attain the National Ambient Air Quality Standards (NAAQS), including the standard for ozone (quick background: reducing ozone pollution is the primary purpose of the vehicle inspection requirement). “Indeed, EPA authorized North Carolina to remove cars registered in 26 of its 100 counties from its emission inspection program on just this basis in 2018,” GASP senior attorney John Baillie explained. With respect to the second proposal, Bill 562, the idea seems to be that newer cars are less polluting, that they almost always pass emission inspection anyway (thus, the emission inspection very rarely catches a new car with illegal emissions), and that other states (including California, New Jersey, and Delaware) provide such exemptions for new model year cars – so why shouldn’t Pennsylvania also? Vehicle emission inspections, where they are required, are mandated by the Clean Air Act and its implementing regulations. If Senate Bills 561 and 562 are enacted, would they conflict with the Act and those regulations, and thus presumably be preempted? Or would they be consistent with the Act? Let’s look at this, taking the bills out of order. So, starting with Senate Bill 562: The U.S. Environmental Protection Agency’s regulations that establish the requirements for vehicle emission inspection programs require emission testing for “1968 and later model year vehicles.” However, the Clean Air Act itself does not specify which model years must be included by a state in its vehicle emission inspection program. Rather, the Act requires that a state’s emission inspection program meet a “performance standard” that EPA has interpreted to mean a maximum average rate of emissions of certain pollutants from all vehicles subject to the program. “As a result, EPA can exempt vehicles in a state from emission inspection requirements provided that the state demonstrates that the fleet of cars in the areas of the state subject to the inspection requirement meets the performance standard,” Baillie said. Because the performance standard was developed decades ago and cars have gotten considerably cleaner since, that demonstration (which is done by computer modeling) is relatively easy for a state to make, even when the program includes an exemption for cleaner, newer cars. “The Clean Air Act would not appear to preclude Senate Bill 562’s proposed exemption to Pennsylvania’s emission inspection program for newer cars,” he continued. Now on to SB 561: In contrast, the Clean Air Act does specify the areas that must be included in Pennsylvania’s vehicle emission inspection program. Section 184(b)(1)(A) of the Act provides that “each area [in a state in the Ozone Transport Region, which includes Pennsylvania] that is a metropolitan statistical area or part thereof with a population of 100,000 or more” must comply with the Act’s vehicle emission inspection requirement. The need to have a vehicle emission inspection program is not dependent on nonattainment of the NAAQS (unlike in North Carolina, which is not in the Ozone Transport Region). This helps states downwind of Pennsylvania attain the ozone NAAQS by limiting the amount of ozone-forming compounds that can cross the state lines even when those compounds may be emitted in areas that attain the NAAQS themselves. So, is each of Blair, Cambria, Lackawanna, Luzerne, Lycoming, Mercer, and Westmoreland Counties included in a metropolitan statistical area (MSA) and does each of them have a population of at least 100,000? All seven of the counties have populations of more than 100,000 and are in an MSA. “It thus appears that Senate Bill 561’s proposed removal of vehicles registered in Blair, Cambria, Lackawanna, Luzerne, Lycoming, Mercer, and Westmoreland Counties from Pennsylvania’s emission inspection requirement would not be allowed under the Clean Air Act,” Baillie said. We will continue to track Senate Bills 561 and 562 and keep you posted.