Editor's Note: Good news! The DEP has extended the public comment period. This blog has been updated to reflect the new submission deadline of Nov. 30. Did you hear? The Pennsylvania Department of Environmental Protection (DEP) recently debuted its new Environmental Justice Public Participation Policy and is seeking YOUR input. For full details, please check out this explainer blog from our senior attorney. But to summarize: The DEP said the purpose of the new policy is “to facilitate environmental justice in communities across the Commonwealth and ensure equity and environmental justice” and that the agency intends to accomplish this by: reaching out proactively to environmental justice communities to encourage their participation in its permitting decisions for facilities that are likely to affect them prioritizing the concept of environmental justice in its compliance and enforcement activities using grantmaking, brownfield redevelopment, and pollution mitigation projects to promote environmental justice. GASP applauds DEP for instituting an updated Environmental Justice Public Participation Policy and is supportive of the agency’s three-pronged approach - and we hope you will be, too. However, the new policy would be more effective if DEP would determine how its permitting process can be made more transparent and open to public participation in general. Specifically, we believe DEP should (and could) include two additional measures in its new policy: First: DEP could make more - if not all - draft permits available online. Currently, residents interested in viewing those documents would need to make a public records request or file review. While lawyers and advocates are well-versed in open records rules, DEP would be wise to recognize that this process can be a barrier to residents and their public participation. Second: The agency could Identify what information it seeks from the public in its permitting decisions and then educate residents and encourage their participation in the process so that they can advocate for their communities by pushing for stronger environmental and public health protections. They say that decisions are made by those who show up, which is why GASP wants to make it as quick and easy for local folks to weigh in on the new policy. We hope you’ll join us in supporting DEP’s efforts to prioritize environmental justice and public participation while also calling for more transparency. You can do that by completing our simple form below. Go ahead and take a minute to second our calls to action and share your views and personal experiences. The deadline to weigh in is coming up Nov. 30, so don’t wait: Editor's Note: The public comment period is now closed - thank you to everyone who submitted a public comment.

Seriously, though. Yinz ARE the best. Thanks to all of the social media shares, likes, and donations you all helped raise more than $2,700 for GASP's air quality watchdog efforts - exceeding our goal of $2,500!!! We wanted to share this word of thanks from our executive director, Patrick Campbell: "GASP was founded 54 ago by ordinary people sick of extraordinarily bad air quality and we think it's so fitting that today, our watchdog efforts are still being led by ordinary people who care extraordinarily about improving the air we all breathe. Thank you so much for your support - on Giving Tuesday and every day of the year. We truly appreciate everyone who supports GASP and the clean air movement, whether it's been through a donation, a social media like or share, or a signature on one of our petitions." Editor's Note: If you missed Giving Tuesday, but would like to support GASP's work, here's the link!

Railroad locomotives, which typically burn massive amounts of diesel fuel, are a significant mobile source of air pollution, especially in areas near railroad yards and industrial facilities in which trains operate. Now, the California Air Resources Board (CARB) and the U.S. Environmental Protection Agency (EPA) are now teaming up in an effort to curb these harmful emissions - but the partnership has sparked controversy. Namely, two questions have arisen: Is CARB allowed to set emission standards for locomotives? Can EPA let it? GASP’s senior attorney John Baillie explains… Some Needed Background Info Section 213(a)(5) of the Clean Air Act gives the EPA the authority to set emission standards for “new locomotives and new engines used in locomotives.” The agency first promulgated regulations setting such emission standards in 1997. Stricter emission standards for newer locomotives were set by supplemental regulations that became effective in 2008. “Under EPA’s regulations, railroad locomotives are assigned to one of five tiers, labeled Tiers 0, 1, 2, 3, and 4, based on when they were originally manufactured, and must continue to meet the emission standards applicable to their Tier when they are remanufactured,” Baillie explained. “The lower the number of the Tier, the older, and more polluting, the locomotive.” As one would expect, the emission standards for newer locomotives (specifically Tiers 3 and 4, which were set by that 2008 reg we mentioned earlier) are significantly stricter than those for older locomotives (specifically, Tiers 0, 1, and 2). Tier 3 and 4 locomotives are more expensive to manufacture and operate than lower-Tier locomotives, and thus, railroads have tended to keep lower Tier, more-polluting locomotives in service for longer than regulators anticipated in 1997 or 2008. “This has apparently caused some frustration in California and other areas where locomotives’ emissions contribute substantially to air pollution problems, including particularly chronic ground-level ozone pollution,” Baillie said. Who Has the Power (to Regulate)? Until recently, it was assumed that state regulators were without power to regulate locomotives’ emissions, and that EPA’s emission standards for locomotives would preempt any state’s attempt to do so. However, on Nov. 8 EPA published a final rule that purportedly would authorize it to waive federal emission standards for “non-new” locomotives - those operating with engines that have exceeded 133% of their useful lives - at CARB’s request. “CARB is attempting to impose its own standards on locomotives that operate in California, which, as a practical matter, could include all locomotives in interstate rail service as well as the locomotives of railroads based in California,” Baillie said. CARB’s emission standards for locomotives would require railroads to pay fees into spending accounts based on the amount of their locomotive emissions; the railroads would also be required to use the money in those accounts to upgrade existing Tier 0, 1, and 2 locomotives to Tier 4 (and beginning in 2030, zero emission) locomotives. CARB’s standards would also prohibit locomotives from idling for longer than 30 minutes. The Railroad Industry Response? A Legal Challenge The railroad industry has already filed an action challenging the legality of CARB’s standards in a federal district court in California, arguing that the standards are - despite EPA’s new waiver rule - preempted by federal laws governing railroads and locomotives, including: The Interstate Commerce Commission Termination Act, which generally preempts all state laws, regulations, and rules that govern railroad operations as such; Section 209 of the Clean Air Act, which states that state standards or requirements “relating to the control of emissions from … new locomotives or engines used in locomotives” are preempted by EPA’s standards; and The Locomotive Inspection Act, which preempts all state laws, regulations, and rules that govern the design, construction, and equipage of locomotives. What Happens Now? It is not at all clear that CARB has the authority to enforce its emission standards for locomotives or that EPA has the authority to allow it. “Several court decisions have held that state regulations regarding locomotive emissions are indeed preempted by these and other federal laws,” Baillie said. “Nevertheless, if the CARB emission standards survive in the courts, they will eventually work a massive reduction in the pollution produced by locomotives.” We will continue to follow this issue and report on new developments as they occur.

We know that you’ve probably received DOZENS of emails and have seen even more social media posts from local nonprofits asking for your support this Giving Tuesday - and GASP is among them. Our pitch is short and sweet: Please consider supporting the local clean air movement by making a tax-deductible donation to GASP today. Every dollar given goes directly to fuel our air quality watchdog work, education initiatives, and progressive policy activism. Yes, our air quality has improved since the ‘Burgh’s “hell with its lid off” days but air pollution (especially from industry sources) is still a huge public health issue - one GASP has the expertise and experience to help solve. When it comes to air pollution, its local impact, and how GASP can help, we have a few numbers for you to consider: 100 - The number of blogs we’ve published so far this year to keep you informed and up-to-date about all things air quality. 93 - The number of times so far this year that Pennsylvania’s 24-hour concentration of hydrogen sulfide (H2S) at the Allegheny County Health Department’s Liberty monitor exceeded the state standard. GASP has worked for years to get ACHD to identify the source of the H2S problem (which they did in a study showing U.S. Steel’s Clairton Coke Works operations were to blame for years of exceedances) and to fix what’s causing them. While ACHD fined U.S. Steel millions for those exceedances, the company appealed and the case is now winding its way through the system. In the meantime, our region has most recently experienced 12 straight days of stench and exceedances. We continue to fight for transparency and improved communications from ACHD - please know donations made to GASP will go directly to these watchdog efforts: 22.5 - The percentage of elementary school children in environmental justice communities like Clairton and Braddock that have asthma (that’s more than three times the national average). 10 - The number of virtual and in-person workshops GASP hosted across seven counties educating municipal and elected leaders about air quality regulations, sources, and resources so they can better serve residents working for cleaner air in their communities. 2 - The number of full-time attorneys GASP has on staff to lead our watchdog work, ensure permits are as strong as possible, and analyze air quality data and communicate it in a way people can actually understand. So far this year, they have provided technical comments for 20 air quality permits. 1 - The number of permits - U.S. Steel’s Clairton Coke Works’ Title V - GASP successfully petitioned the Environmental Protection Agency to reject for being insufficient to meet air quality standards. It was a major win for residents and local air quality. The permit is now in the hands of Allegheny County Health Department, which must include a compliance schedule and make other changes to make the permit stronger. $499,781 - The amount of an EPA grant supporting GASP and partner organizations for a multi-year air quality monitoring project that will help fill gaps in the regulatory monitoring network and allow residents to better understand what’s in their local air. We hope those numbers add up to just one simple decision: To support GASP with a Giving Tuesday donation today. You can make a donation through our website, by sending a check to 1133 S Braddock Ave, Pittsburgh, PA 15218, or by phone (just email our office manager Kathy at kathy@gasp-pgh.org with your phone number and the best time to contact you). Yours for Clean Air, Executive Director Patrick Campbell & President Jonathan Nadle

If you live in or near the Mon Valley, you have our condolences. The stench has been TERRIBLE lately. How terrible? Today marks the 12th day in a row that hydrogen sulfide (H2S) concentrations at the Allegheny County Health Department’s air quality monitor in Liberty exceeded Pennsylvania’s 24-hour-average standard. Of course, you don’t need us to tell you it stinks. But we thought you might like knowing the run we’re on is unprecedented in recent years. GASP reviewed hourly H2S data through 2017 and determined that this 12-day H2S exceedance streak is the longest stretch of stench at the Liberty monitor over that time period. Check out this graph we crafted showing every H2S exceedance by date since 2017: A few insights to consider: This latest spate of exceedances at the Liberty monitor puts Allegheny County solidly on track for 2023 to be the worst year for exceedances since 2017. According to air monitor data, November, as luck would have it, is the stinkiest month for us here in Allegheny County. On the flip side, January is most stank-free by quite a big margin. Talking about patterns: There has been an exceedance on June 29 in six of the past seven years, and on the “good year” (2020), we were only 0.001 ppm away from a perfect seven for seven. Despite this long stretch of abysmal H2S levels, ACHD has provided the public with zero updates regarding the ongoing exceedances and what it is doing to stem the issue. “For residents, the past two weeks must have felt like a horrible version of ‘Groundhog Day’ - one without Bill Murray or laughs,” GASP Executive Director Patrick Campbell said. “Every day for the past 12 days, our neighbors have dealt with outrageous levels of industrial stench and associated physical symptoms.” He added: “These exceedances have been a known issue for years. Residents need to know what their public health officials are doing to address this issue. GASP is AGAIN calling on ACHD to be transparent.” Editor’s Note: To make an air quality complaint regarding H2S, residents can use ACHD’s online system or reach the department at 412-578-8103.

The Pennsylvania Department of Environmental Protection (DEP) on Thursday announced that a civil penalty arising from the former Cheswick Generating Station demolition project will benefit Springdale Borough. Cheswick Plant Environmental Redevelopment Group, LLC, Controlled Demolition, Inc., and Grant Mackay Company, Inc. violated Pennsylvania’s Solid Waste Management Act during a demolition of two chimneys (smokestacks) at the former Cheswick Generating Station in Springdale Borough on June 2, 2023. In this consent order and agreement (COA), DEP documented that when the smokestacks fell, debris from the site caused damage to several nearby buildings and a thick coating of dust covered numerous properties. This debris and dust are considered waste under Pennsylvania’s environmental laws and regulations, and the deposition of this waste without DEP authorization constitutes a violation. Of the $39,100 civil penalty, $21,600 will go to Springdale Borough for upgrades and/or maintenance of borough-owned parks and recreational areas. The remaining $17,500 will go to the Commonwealth’s Solid Waste Abatement Fund. “As we pursued environmental enforcement, DEP prioritized directing the majority of the penalty money back to the community,” DEP Southwest Regional Director Jim Miller said in a release. “Springdale Borough will be able to decide how best to use these funds for park and recreation projects.”

Mon Valley friends beware, the stench is really bad today. In addition to starting off the day with one of the worst NowCast AQIs in the nation, concentrations of hydrogen sulfide (H2S, which has a nasty rotten-egg odor) are alarmingly high. Actually, it’s been more than a week of stench for our neighbors in and downwind of the Mon Valley, home to one of the worst neighbors around, U.S. Steel: Today marks the eighth straight day of H2S concentrations that exceed Pennsylvania’s 24-hour-average standard. Consider this: Allegheny County Health Department’s Liberty monitor has seen 89 exceedances of the state 24-hour H2S standard so far this year (through today), which puts Allegheny County solidly on track for 2023 being the worst year since 2017. We are on pace for 101 exceedances at Liberty; there were 94 exceedances at Liberty in 2021 and 105 in 2017. Or to put it another way, there have been 19 exceedances of the 24-hour standard at Liberty in the past 25 days (including today). "U.S. Steel is currently paying who knows how much to run TV ads trying to convince residents about its commitment to improve local air quality in the Mon Valley," GASP Executive Director Patrick Campbell said. “If the company wanted to actually be a good neighbor, it would fix whatever issues are causing these days-long periods of malodor.” Editor’s Note: ACHD on Thursday morning issued a Mon Valley Air Pollution Watch. You can learn more about those here.

Editor's Note: On Nov. 9, ACHD extended the deadline for public comment through Dec. 1. This blog was updated to reflect the new deadline. Allegheny County Health Department is now seeking public comment on its 2024 air quality network monitoring plan, an annual report that provides a detailed description of how and where air pollution is monitored in Allegheny County. Air Monitoring Network Plans are required by the U.S. Environmental Protection Agency and provide the specific location of each monitoring station, siting criteria, monitoring methods and objectives, frequency of sampling, pollutants measured at each station, and aerial photographs showing their physical locations. The public comment period runs through Dec. 1. Stay tuned, GASP will be providing analysis and more information on how - and why - residents should weigh in. Until then, you can read the plan here.

It was a gorgeous weekend in Pittsburgh. There were blue skies, unseasonably warm temperatures, and plenty of sunshine. In the Mon Valley, though, all that fall splendor was spoiled by a rotten-egg stench that some SmellPGH users said caused physical symptoms like a sore throat, eye irritation and nausea. The cause of that stench? We’d bet the farm high concentrations of hydrogen sulfide (H2S for short) at Allegheny County Health Department’s air quality monitor in Liberty Borough were to blame. How bad was it? ACHD monitor data show H2S concentrations at the Liberty monitor handily exceeded Pennsylvania’s 24-hour standard for five straight days - Thursday, Friday, Saturday, Sunday and today. That means H2S concentrations at ACHDs Liberty air quality monitor exceeded PA’s 24-hour average standard on 11 of 15 days Oct. 23 through Nov. 6. It also means that exceedances in 2023 at the Liberty monitor (81) have already outpaced 2022 (when there were 78 such exceedances). The 2023 Liberty total now guarantees this will be the second-worst year for H2S exceedances since 2017. “And with 55 days left in 2023, we’re actually on pace to leap-frog 2021 for the absolutely worst year since 2017,” GASP attorney Ned Mulcahy noted. Why do we continue to raise a stink about the issue? Because exposure to the levels of hydrogen sulfide we see (way too often) in the Mon Valley can cause irritation to the eyes, nose, or throat as well as headaches, poor memory, tiredness, and balance problems. It may also cause difficulty in breathing for some asthmatics, according to the Agency for Toxic Substances and Disease Registry. If you’re now asking, “What is the source of all this H2S?” a 2022 ACHD study that concluded, "based on all available data and resources, H2S exceedances that occurred at the Liberty site during the period of Jan. 1, 2020 through March 1, 2022 can be attributed entirely to emissions originating at US Steel's Clairton coking facility." Then, days after the study was published, ACHD issued a $1.8 million enforcement order against U.S. Steel over the H2S emissions issue. The company appealed the order and the case is ongoing. State Department of Environmental Protection emissions inventory shows U.S. Steel’s Clairton Coke Works emitted – on average – more than 120 tons of H2S annually from 2010 to 2020, making it the largest stationary source in the state. Despite the possibility of the Liberty monitor facing the worst year of H2S exceedances since 2017, and despite the public outcry about how the stench impacts residents’ health and quality of life - at Board of Health meetings, on social media, and via CREATE Lab’s Smell PGH app - ACHD has remained pretty much mum on the matter. That’s why GASP is again publicly asking ACHD: Is there something going on at U.S. Steel’s Clairton Coke Works to cause these H2S values? Has the air quality program been in contact with the company? “Mon Valley residents don’t deserve their lives and health interrupted by these days-long periods of stench and exceedances,” Campbell said. “We understand that the H2S case against U.S. Steel is ongoing, but that doesn’t absolve the health department of its duty to enforce Pennsylvania’s 24-hour H2S standard and protect residents.”

Remember RGGI? We have blogged repeatedly about the Regional Greenhouse Gas Initiative and the tortured way it wound through the rulemaking process and is *still* winding through the courts. The latest news: Today the Commonwealth Court of Pennsylvania determined that the proceeds from the auction of emission credits that would take place under the RGGI were an unconstitutional tax and entered an order finally barring Pennsylvania’s participation in the RGGI (participation had been temporarily barred pending the Court’s ruling on the case). “In a nutshell, the Court found that the proceeds of RGGI’s auction of emission credits would be disproportionate to the cost of administering the RGGI program, and thus that RGGI imposed a tax rather than a license fee as the Pennsylvania Department of Environmental Protection had argued,” GASP senior attorney John Baillie said. The court further noted that Pennsylvania’s Constitution requires that any tax be enacted by the General Assembly; because RGGI was not enacted by the General Assembly (it would have been imposed in Pennsylvania by administrative rule), it was unconstitutional: Stated simply, to pass constitutional muster, the Commonwealth’s participation in RGGI may only be achieved through legislation duly enacted by the Pennsylvania General Assembly, and not merely through [a] rulemaking promulgated by DEP and [the Environmental Quality Board]. It is expected that DEP will appeal the Court’s order to the Supreme Court of Pennsylvania. GASP will continue to keep you posted.