A Pennsylvania Court of Common Pleas judge has preliminarily approved an $8.5 million settlement between U.S. Steel and local residents who filed a class-action lawsuit alleging the company’s emissions were a nuisance, amounted to trespass, and were the result of negligent upkeep of the company’s Clairton Coke facility. Plaintiffs’ Amended Complaint claimed, “noxious odors and air particulates invading Plaintiffs’ property are indecent and offensive to the senses, and obstruct the free use of their property as to substantially and unreasonably interfere with the comfortable enjoyment of life and property.” The proposed settlement calls for U.S. Steel to pay $2.5 million into a fund to be distributed to members of the class seeking the action, and “perhaps of greater importance” is a requirement that the company make $6.5 million in “improvement measures to the Clairton Coke plant in order to reduce air emissions.” According to court documents, those improvements will include: The installation of mass coolers at the pushing control bag houses Battery machinery improvements Refractory improvements The settlement notes that there are more than 5,600 households in the geographic class area—with more than 150 complainants. You can read the motion to approve the proposed settlement here. You can read the lawsuit here and the November motion to certify the class action and settlement—which includes a map of the affected homes and entire settlement agreement—here. The news comes at a time when the company is finalizing a separate settlement agreement with the Allegheny County Health Department regarding air quality issues stemming from its Mon Valley Works. Editor’s Note: The proposed settlement garnered media coverage. Here are the associated news stories: U.S. Steel to spend $8.5 million to settle Clairton class action Settlement over bad air in Clairton calls for US Steel to cough up $2 million Air quality issues could have U.S. Steel paying $2 million to Clairton residents U.S. Steel owes Clairton residents $2 million Court OKs U.S. Steel’s tentative $8.5M deal with Pa. neighbors #airpollution #USSteel #emissions #AlleghenyCountyHealthDepartment #ACHD #ClairtonCokeWorks #airquality

The Allegheny County Health Department (ACHD) and the Pennsylvania Department of Environmental Protection (DEP) recently released new details regarding the state of air quality both locally and statewide. ACHD’s 2018 Air Quality Report was posted to the department’s website last month. The 48-page report can be read in its entirety here. At the state level, it was announced this week that the DEP’s Air Quality Technical Advisory Committee will meet Dec. 12 in Harrisburg to finalize proposed air quality permit fee changes, as well as to present and discuss other key air quality data. GASP, which is supportive of the proposed fee increases, provided formal comments on the state proposal. You can read those comments here. On the agenda to be discussed are: results from 2018-2019 ambient air monitoring a presentation on air quality trends information regarding the proposed CO2 Budget Trading Program GASP is currently reviewing the information. Please check back for updates. #AlleghenyCountyHealthDepartment #DEP #ambientairmonitoring #ACHD #airquality

We say it all the time: If you smell something, say something. But what if you smell or see something when you’re on the job, and the foul odor or potential air quality violation is being caused by your employer? You might be thinking, I know what is occurring is wrong or illegal and could put me, my fellow employees, and the community at risk, but common sense tells me that to keep my job I’ve got to keep my mouth shut. With all the recent talk about whistleblowers, did you know that the Clean Air Act has a whistleblower protection of its own? Indeed, under the federal Clean Air Act, employers are prohibited from retaliating against employees who blow the whistle on air emissions violations stemming from area, stationary, and mobile sources that negatively impact the environment and/or public health. What does this mean, exactly? It means that employees in the private and public sector who report air quality issues to the environmental agencies charged with regulating them should not be retaliated against for speaking out thanks to the provision. Specifically, the Clean Air Act provides for protections when an employee: Provides information about a Clean Air Act violation to the Environmental Protection Agency (EPA) or other appropriate federal agencies or department Testifies or is slated to testify in any proceeding under the Clean Air Act Refuses to perform duties in good faith based on the reasonable belief that the working conditions are unsafe and unhealthy. Employees who engage in any of the above activities are protected under the Clean Air Act from being retaliated against. This means that their employers may not: Fire or furlough the employee Demote, blacklist, or reduce pay or working hours Deny a promotion or overtime hours Discipline Deny benefits Intimidate or make threats Fail to hire or rehire Please know that if you reported suspected air quality violations of the Clean Air Act and are retaliated against, you may file a whistleblower complaint with the Occupational Safety and Health Administration (OSHA). Complaints must be made within 30 days of the retaliatory action and may be accomplished by calling, emailing, or writing the agency. Following a complaint, OSHA is required by law to review the complaint and determine whether or not to launch a fact-finding investigation into your claim. If evidence to support your claim is present, a voluntary settlement may be reached. If not, OSHA is required to seek relief on behalf of the wronged employee. Possible outcomes include: Payment of back wages (including interest) Compensation for special damages (think attorneys’ fees and other expenses the employee accrued as a result of the retaliatory action) Reinstatement Air pollution is a silent killer. As you may have heard, Allegheny County is the only county outside of California—where wildfires have run rampant—to get an F grade when it comes to air quality. We can all do our part by not only reducing our carbon footprint but by speaking up when we notice air quality violations in our communities AND workplaces. Editor’s Note: If you have questions about the scope of the protections provided by this statute, be sure to talk to an attorney—you can call the Allegheny County Bar Association for a referral. #airpollution #whistleblowerprotection #CleanAirAct #OSHA #EPA #airquality

FOR IMMEDIATE RELEASE GASP Offering Free Air Quality Education Kits to Allegheny County Schools PITTSBURGH – The Group Against Smog and Pollution (GASP) is inviting all schools in Allegheny County to take advantage of free Air Quality Education kits that will help students in grades 4-8 better understand air quality in our region. GASP Education & Events Coordinator uses pig lungs to demonstrate how the organ works. Thanks to a grant through the Allegheny County Clean Air Fund, GASP is offering three separate Air Quality Education kits that can be used in a classroom, after school, or summer camp setting. The kits include fun and interactive activities—such as observing real pig lungs, searching for bio-indicators of air pollution, and creating an energy-use comic strip—that assist students in understanding: air quality and health environmental science and citizen monitoring and air quality, energy and technology Teachers may borrow one, two, or all three kits completely free of charge. In addition to the instructional materials included with the kits, GASP’s education and events coordinator will conduct an Air Quality 101 presentation to each classroom borrowing the materials. “It is difficult to expect people in the community to care about improving air quality if they don’t know that air pollution can adversely affect their health and quality of life,” GASP Education and Events Coordinator Chelsea Hilty said. “That’s one big reason why GASP conducts education with a variety of audiences from elementary-age children up through senior citizens. We’re hopeful these kits can help us expand our educational reach even farther—and in the communities that need it most.” While the kits are available to all school districts in Allegheny County, priority will be given to those in municipalities designated as high or highest need on the Allegheny County Environmental Justice Index. GASP will also be providing additional outreach in those neighborhoods. “It is so important that our children—who are the next generation of civic and business leaders, health care professionals and engineers—as well as their parents, understand the importance of clean air,” GASP Executive Director Rachel Filippini said. “Educating students about air quality issues can also assist them and their school districts in meeting the state Department of Education academic standards for environment and ecology.” The kits will be provided free of charge to middle schools throughout Allegheny County. She added: “We believe the educational materials found in each of the three kits will assist teachers in better educating their students on these crucial issues.” School teachers and administrators who would like to learn more about partnering with GASP and utilizing these free kits are encouraged to email Hilty at chelsea@gasp-pgh.org. GASP is a nonprofit citizens’ group in Southwestern PA working for a healthy, sustainable environment. Founded in 1969, GASP has been a diligent watchdog, educator, litigator, and policy-maker on environmental issues, with a focus on air quality in the Pittsburgh region. ### Media Contact: Amanda Gillooly Communications Manager amanda@gasp-pgh.org 412-924-0604 x206 #piglungs #GroupAgainstSmogandPollution #AlleghenyCounty #GASP #AlleghenyCountyEnvironmentalJusticeIndex #ChelseaHilty #AlleghenyCountyCleanAirFund #airquality

The students at the Allentown Learning & Engagement Center (ALEC) were all smiles during a recent air quality education program led by GASP’s Chelsea Hilty. Hilty, GASP’s education and events coordinator, taught the kids about air quality using interactive games and hands-on activities. The Oct. 28 program was held in conjunction with Venture Outdoors. Educational outreach is one of the cornerstones of GASP’s mission. You can learn more about those initiatives on our Education page. To learn more about ALEC, check out its website. #piglungs #ALEC #ChelseaHilty #AllentownLearningampEngagementCenter #airquality

Auditor General Eugene DePasquale on Wednesday said Pennsylvania must proactively plan for the changing climate, a problem that already threatens public safety and drives significant new costs for taxpayers. “The longer we fail to act, the greater the risks to our environment, our economy and our future,” DePasquale said. “Climate change is a challenge that also presents an opportunity: by acting and investing now, we can not only save lives but also protect our economy and create jobs along the way.” According to the U.S. Global Change Research Program, made up of 13 federal agencies, Earth’s climate is now changing faster than at any point in the history of modern civilization. A major report issued by the program late last year details threats to public health and safety from extreme heat and flooding; concerns about severe weather impacts on aging power, water, sewer and transportation systems; and the impact of altered ecosystems on rural communities, farming, forestry and tourism. DePasquale released a special report, “Climate Crisis: The Rising Cost of Inaction,” which noted that severe weather is already costing taxpayers hundreds of millions of dollars a year and that state government needs to do more to mitigate future impacts. “My team and I documented at least $261 million in climate-related costs to Pennsylvania in 2018 alone in this report,” DePasquale said. “Half of that amount, $125.7 million, was in infrastructure damage statewide caused by record-breaking floods and landslides.” Other projected costs of climate change include: Millions of dollars to equip public school buildings with air conditioning because of increased heat waves; Changes in growing zones and seasons, plus increasing numbers and varieties of pests, that will impact food availability and costs; and A rise in sea levels that will impact major shipping and transportation hubs, including Philadelphia International Airport. “What concerns me most are the potential impacts that we can’t yet see, driving new costs that will increasingly strain state and municipal budgets.” DePasquale said. “It’s difficult for most people to fathom the magnitude of the problems that lie ahead – which only makes the planning process even more challenging.” DePasquale held public hearings in Pittsburgh, State College and Harrisburg as part of developing his special report, which contains three observations and nine recommendations. The report’s nine recommendations include: The governor should expand the GreenGov Council into a climate hub to improve coordination, especially among the Department of Environmental Protection (DEP), state leaders, county leaders and local leaders to encourage and facilitate climate action at all levels of government. DEP should improve upon its public awareness campaign that educates citizens on what they can do to reduce greenhouse gas emissions and participate in climate action on the local, county and state levels. DEP should develop and follow implementation measures for its Climate Action Plan to help Pennsylvania stakeholders learn how they can effect change. The governor should include in his 2020-21 budget a funding increase for all state agencies – including DEP, PEMA, PennDOT, DCNR and DGS – that are involved in planning for and reacting to severe weather and other climate change effects. The governor and General Assembly should prioritize proactive planning at all levels by: fully funding applicable state agencies to lead this effort, harmonizing regulations currently in place, improving outreach and education to counties; and implementing statewide planning, including an updated state water plan, a statewide land use plan, and guidance to implement these plans. The General Assembly should create a resiliency fund that PennDOT and other state agencies could draw from to pay for natural disaster clean-up that is not funded by federal or other state sources. DEP should take comprehensive and timely steps to measure and regulate methane emissions from the oil and gas sector. The General Assembly and DEP should offer incentives to improve electric vehicle usage, sales and infrastructure in the state through targeted investments and consumer education. The Department of Agriculture should better engage with the state’s agriculture sector to develop and release a plan of action for climate change, including best practices to reduce emissions and to improve resiliency. Review the full special report. #pittsburgh #ClimateChange #EugeneDePasquale

The Group Against Smog and Pollution (GASP) and other local environmental groups this week called on Allegheny County Council to do what it can to better fund the health department’s Air Quality Program. “Our fear is that critical services the Air Quality Program provide – particularly those regarding expertise and enforcement on a local and community level – are not being funded adequately,” GASP staff attorney Ned Mulcahy said in public comments before Council Wednesday. These comments followed a letter sent jointly to Council members earlier that day from GASP, PennFuture, Clean Water Action, PennEnvironment, and Breathe Project requesting that members “give special attention to the 2020 budget regarding how the county health department’s Air Quality Program is funded.” In the letter, the groups pointed out “the County budget provides funding for the Health Department in a number of ways generally but the Air Quality Program, in particular, receives very little direct support.” The funding request came in the wake of a GASP press conference, where residents and activists called on ACHD to do what it can to stem hydrogen sulfide emissions and exceedances by revising coke oven regulations. In their letter to Council, the groups noted, “Air pollution gives the County’s role as the region’s leader a black eye and it has costs we all bear from missed workdays to critical health impacts like cancer and heart disease.” They continued, “we believe now is the time for the County to invest in clean air by equipping the Air Quality Program with the staff and resources necessary to fulfill its mission. Given the numerous and varied ways air pollution jeopardizes public health, we believe such an investment will provide a significant and meaningful return on the dollar for Allegheny County residents.” In the letter, the groups said they would like to see the County fund efforts to: ● Attract and retain top-tier air quality permitting experts by increasing salaries and reducing unreasonable burdens placed on them by hiring additional permitting engineers; ● Strengthen ACHD’s efforts to stop illegal air pollution by hiring more facility-specific and complaint-response inspectors as well as additional legal staff to litigate enforcement actions; ● Improve our understanding of local health impacts of air pollution and how to design programs to protect the public through hiring more public health researchers and epidemiologists; and ● Better educate and communicate with the public by hiring community liaisons to explain air quality data and address community questions. You can read the entire letter here. #airpollution #hydrogensulfide #NedMulcahy #CleanWaterAction #PennFuture #AlleghenyCountyHealthDepartment #PennEnvironment #ACHD #airquality

Editors Note: This article originally appeared on The PediaBlog on Oct. 31. HUGE thank you to Dr. Ned Ketyer, who graciously allowed us to republish it. This past week on The PediaBlog, we listed the many serious, and in some cases, life-threatening health impacts adults suffer when the air they breathe is polluted. Mary McDougall examines the health effects of air pollution in children: Air pollution also effects neurological development and cognitive ability and can trigger asthma and childhood cancer, the [WHO] report says. Children exposed to excessive pollution may also be at greater risk of chronic conditions such as cardiovascular disease in adulthood.“Air pollution is stunting our children’s brains, affecting their health in more ways than we suspected. But there are many straightforward ways to reduce emissions of dangerous pollutants,” said Dr. Maria Neira, director of the Department of Public Health, Environmental and Social Determinants of Health at the WHO.According to the WHO, children are more susceptible to pollution because they breathe more often, taking in more pollutants, and are closer to the ground, which is where some pollutants have higher concentrations. Just in the last two years, research from around the world reveals the degree to which fetuses, infants, and children are at high risk for complications of this environmental health crisis. Consider these headlines: Air Pollution from London Traffic is Affecting the Health of Unborn Babies “The findings come from a study of more than half a million infants, which suggests that pregnant mothers exposed to air pollution from London’s busy roads are more likely to give birth to babies that are underweight or smaller than they should be.” (Ryan O’Hare, Imperial College London News, 12/5/17) Air Pollution Particles Found in Mothers’ Placentas, New Study Finds “Scientists believe they have discovered the first examples of air pollution traveling through the lungs of pregnant women and into their placentas, potentially reaching their fetuses.” (James Masters, CNN, 9/17/18) Air Pollution Is Linked to Miscarriages in China, Study Finds “A new study published on Monday adds to growing evidence of the negative health effects of air pollution on pregnant women and their fetuses.” (Amy Qin, New York Times, 10/14/19) Study Links Air Pollution to Increased Risk of Infant Death “PARENTS HAVE TO MAKE many choices when it comes to raising children, and location may play a larger role in a baby’s health than they realize. “Babies born into polluted areas could have a 20-50% higher risk of death than babies born in the cleanest areas, according to new research.” (Cecelia Smith-Schoenwalder, US News and World Report, 9/26/19) Air Pollution Tied to High Blood Pressure for Children “The study found that air pollution is associated with a higher risk of high blood pressure in adults and children. “Air pollution exposure during pregnancy can also lead to a higher risk of high blood pressure for babies, the study found.” (Luis Sanchez, The Hill, 5/14/18) Childhood Obesity Linked to Air Pollution from Vehicles “High levels of nitrogen dioxide, which is emitted by diesel engines, in the first year of life led to significantly faster weight gain later, the scientists found. Other pollutants produced by road traffic have also been linked to obesity in children by recent studies.” (Damian Carrington, The Guardian, 11/4/18) Air Pollution: U.S. Ranks World's Third Worst in Study on Asthma in Children “About 4 million children develop asthma each year because they breathe in polluted air, with the U.S. ranking third worst in the world when it comes to suffering the burden of minors being exposed to traffic fumes.” (Kashmira Gander, Newsweek, 4/10/19) Pollution from Busy Roads May Delay Kids’ Development “Children who live near major roads are more likely to score poorly on communication tests and experience developmental delays, according to a new study. “The research, published yesterday in the journal Environmental Research, suggests that exposure to traffic-related air pollution—such as small particulate matter (PM2.5) and ozone—in the womb or during early childhood may leave kids lagging in their ability to communicate, socialize and learn. Wife started complaining lately on me. She said I’m not as good as before and that “waking me up” became a very difficult thing. This actually hurts, like for real! Decided to try some improvement and found out here http://imph.org/viagra-sildenafil/ a great deal, ordered the pills, and showed her who is the boss. Pleased with it, as if I returned to my youth again. “‘Our results suggest that it may be prudent to minimize exposure to air pollution during pregnancy, infancy, and early childhood — all key periods for brain development,’” said Pauline Mendola[…]” (Brian Bienkowski, Environmental Health News, 4/9/19) How Car Pollution Hurts Kids’ Performance in School “When students switch to schools downwind of major roads, their test scores fall and their absences increase, according to new research.” (Nicole Javorsky, CityLab, 2/4/19) Air Pollution is Linked to Anxiety and Suicidal Thoughts in Children, Study Finds “Air pollution may be associated with increased mental health disorders like anxiety and depression in children, a study has found. “The study, published Wednesday in the Environmental Health Perspectives journal, found that short-term exposure to high ambient air pollution corresponded with a rise in visits to the children’s psychiatric emergency department.” (Jessie Yeong, CNN, 9/26/19) Even though the air looks cleaner than it did decades ago, we’ve learned that looks can be deceiving. Modern pollution is more likely to be made up of fine, invisible particles and colorless vapors and fumes rather than dark, smoky soot. After decades of improving air quality in the United States, we’ve let things slip in recent years, resulting in, we discovered yesterday, worsening air pollution. And we’ve reviewed recent research confirming a long list of dangerous health impacts from breathing polluted air in adults and children. It turns out that “better than it was before” is still not good enough. Children are parents’ greatest accomplishments. We all need to do better to ensure they have clean air to breathe — inside and outside, from their first breath to their last. Read previous blog posts about air pollution, air quality, and children’s health on The PediaBlog here. #airpollution #airquality #DrNedKetyer #PediatricAlliance

Successfully litigating in federal district court in the 1970s to require Allegheny County to adopt standards based on the Clean Air Act of 1970. Cooperating with the EPA in the 1980s to gain enforcement of air quality standards at the U.S. Steel coke production facilities at its Clairton Works. Joining a successful EPA suit against LTV corporation in the 1990s to enforce existing air quality standards at the firm’s Hazelwood plant. The plant was subsequently closed. Filing a notice in 1998 of GASP’s intention to sue Shenango, Inc., for long-standing air quality infractions at its Neville Island coke plant, which was preempted by a successful EPA suit on the same issue. In each case the court action resulted in substantial financial penalties and/or remedial actions being imposed on the Shenango. Joining the EPA in several suits involving violations of clean air legislation. GASP and the Sierra Club sued the EPA, asking it to classify southwestern Pennsylvania in “serious non-attainment” of specified ozone levels. Joining efforts to protest a new coke plant on Hazelwood’s riverfront property after LTV’s coke facility closed in 1998. A Hazelwood community group, Citizens Helping Our Community (CHOC), was organized with GASP’s help. GASP strongly supported this group with advice and participation for more than a year. This joint effort clearly contributed to defeating the sale of the LTV site to the firm. Researching and officially commenting on Title V operating permits, a program of the 1990 Clean Air Act. GASP held several public meetings to educate and encourage the public to comment on Title V permits. Campaigning to clean up emissions from coal-burning power plants in Pennsylvania that pose serious environmental and health hazards. In 2004, GASP entered into a settlement agreement with Reliant Energy (now GenOn Energy) in Cheswick. The agreement was aimed at reducing high-opacity (smoke) readings recorded at its Cheswick Power Station stack. Because of this agreement, improvements were made at the facility that resulted in far fewer opacity violations. Serving on advisory committees at the county, state, and federal levels. Since its inception, GASP has had a representative on the Allegheny County Air Pollution Control Advisory Committee. Stimulating an anti-idling ordinance at Allegheny County Council for heavy-duty diesel vehicles and participation in developing the regulatory language. Crafting a draft Continuous Opacity Monitor (COMS) regulation for Allegheny County in 2004. Up until then, opacity was measured by the visual, Method 9 technique, which has obvious limitations. The use of COMs enables accurate, around-the-clock measurements of opacity; equipping regulators with technology that ensures compliance with opacity regulations for 100 percent of a facility’s operating time. GASP helped lead the Allegheny County Partnership to reduce diesel pollution. Our campaign was influential in helping to identify diesel emission reduction projects and in garnering more than $9 million for these projects in our region. We were also instrumental in getting Pittsburgh Public Schools to include requirements for cleaner buses in their school bus contracts and in working with the City of Pittsburgh and the Urban Redevelopment Authority to enact clean construction legislation. Through community organizing and negotiations directly with the company, GASP was able to convince RRI Energy (now GenOn Energy) to accept a lower lead emissions limit in their scrubber installation permit in 2010. GASP launched the Athletes United for Health Air Campaign to educate athletes about air quality, steps to reduce exposure, and how to advocate for healthy air. Through this campaign with have partnered with such groups as Venture Outdoors and Bike Pittsburgh and have educated hundreds of athletes. GASP supplied more than a dozen school districts in southwestern Pennsylvania, including all of Pittsburgh Public Schools, with “No Idling” signs to remind school bus drivers to turn off their engines. We have also supplied at least two dozen daycare facilities in the region with no idling signage as well, through our Young Lungs at Work program. GASP created the Air Permits Clearinghouse on our website. This is a one-stop shop for all Title V air quality permits in southwestern Pennsylvania. It provides users with an easy way to see the major sources of air pollution in the region. Clicking on a facility brings up the latest permits, which allow you to learn what the facility does, and the types and amounts of pollutants it’s allowed to emit. GASP conducted extensive research examining the backlog of Title V permits across Pennsylvania, determining that certain regions, including Allegheny County had unacceptably large numbers of permits that were expired or never issued. For 50 years, we’ve undertaken a continuous program to educate the public about pollution and its remediation using several methods: publishing GASP’s widely circulated newsletter, Hotline; participating in public meetings and organizing our own; providing a speakers bureau; giving statements to the media; writing letters to the press; appearing on local (and sometimes national) radio and television programs; and conducting an air monitoring program involving training sessions and the loaning of a professional-level air quality monitor to local secondary schools and citizens. GASP has also recently developed and implemented week-long air quality focused summer camps for middle schoolers. Combining efforts with other environmental and advocacy groups in the region and state, such as the Sierra Club, PennEnvironment, Citizens for Pennsylvania’s Future, Clean Water Action of Pennsylvania, Clean Air Council, and many, many others. Editor’s Note: In 2019, GASP celebrated its 50th Anniversary with an Oct. 12 gala, which included the unveiling of the Michelle Madoff Award of Environmental Excellence. You can find out more about our golden anniversary here. #Noidling #MichelleMadoff #GASP #TitleVPermit #AthletesUnitedforCleanAir

Erie Coke photo courtesy of HECA. Whether or not Erie Coke Corp. will be permitted to operate while it appeals the state Department of Environmental Protection’s (DEP) denial of its Title V permit is now in the hands of an Environmental Hearing Board judge. Attorneys for both the DEP and Erie Coke Corp. on Wednesday submitted their post-hearing briefs for consideration by presiding Judge Steven C. Beckman following six days of testimony. In their final arguments to the EHB, attorneys for Erie Coke largely reiterated claims previously presented: That if the Board does not grant supersedeas allowing it to continue operations pending the appeal, it would be forced to shut its coke ovens down, causing what it referred to as “irreparable harm.” They further argued that there was “no justification on the record before the Board that would permit the department to “inflict such a drastic injury on Erie Coke, the Erie community, and American industry more broadly.” The Company specifically cited the loss of 137 jobs and further argued its petition for supersedeas should be granted because: DEP failed to provide advanced notice and the opportunity for public comment on its intent to deny its Title V permit renewal It has the financial ability and intent to comply with air emissions standards set forth in its Title V operating permit Erie Coke did not operate contrary to DEP-approved plans and specifications Allowing it to continue to operate would not cause harm to the public or the environment Attorneys for DEP pushed back strongly in their own post-hearing briefs, arguing that the Company’s “lengthy history of noncompliance” with air emissions standards is “undisputed.” “The facts when viewed in their totality demonstrate that Erie Coke chronically and systematically fails to comply with the law,” DEP attorneys wrote. “For years, these violations have subjected the environment and residents of the City of Erie to ongoing emissions of particulate matter and coke oven gas – a hazardous air pollutant – and Erie Coke’s own witnesses testified there is no end in sight.” They continued: “Erie Coke’s violations and ongoing pollution episodes, and the threat these episodes pose to the public’s health, safety or welfare, prevent Erie Coke from obtaining the supersedeas it seeks.” Counsel for DEP made two key arguments for why the EHB should deny supersedeas: That Board rules dictate that supersedeas “shall not be issued in cases where pollution or injury to the public health, safety, or welfare exists or is threatened during the period of time when (it) would be in effect.” Attorneys further argued that regulatory and state criteria dictate that because Erie Coke is unable to prove that continued operations will NOT harm the public or environment, means that supersedeas is a no-go. That granting supersedeas would “not preserve the status quo.” DEP attorneys wrote that Erie Coke is seeking an “extraordinary remedy” because “there is not an existing permit” and the status quo was that the Company was not legally permitted to operate. Attorneys further argued that “any right of Erie Coke to continue operating air contamination sources at the facility expired with it.” DEP counsel also asserted that Erie Coke should have been aware that its Title V operating permit renewal application would be denied when it was placed on the department’s compliance docket. Attorneys also noted that the Department gave the Company ample time to comply with its demands – waiting nearly 22 months to take action on Erie Coke’s permit renewal. In its brief, the Department discussed at length the potential impacts on the health and wellbeing of nearby residents and the environment. The document quotes the testimony of several residents who claimed to be impacted by air pollution from Erie Coke’s bayside facility – describing black soot on their homes and boats, as well as a pervasive foul odor that often forced them to stay indoors and close their windows. DEP attorneys further argued that Erie Coke failed to prove that its continued operation would not further contribute to these harms. “There can be no question that citizen’s rights to ‘clean air’ and ‘to the preservation of natural scenic, historic and esthetic values of the environment’ are implicated by the continuing emissions of particulate matter and coke oven gas from the Erie Coke facility,” DEP attorneys wrote. “Its location on the shore of Lake Erie and adjacent Presque Isle State Park makes these infringements even more egregious.” DEP also alleged that the Company had and has neither the ability nor the intention to comply with its Title V operating permit – something Department lawyers said was reiterated by the Erie Coke’s own witnesses, including Chief Executive Officer Paul Saffrin. “(Mr. Saffrin) admitted that Erie Coke has exceeded the allowable minutes of opacity from its battery stack every quarter since 2016,” their brief reads. “Mr. Saffrin testified that ‘there is never going to be a situation where there’s zero opacity violations.” The Department outlined a spate of battery stack violations at Erie Coke and said it noted fugitive leaks that surpassed opacity limits from doors, lids, offtakes and collector mains. Further, they said DEP personnel were “more likely than not” to find a violation there during a facility inspection. DEP expressed a great deal of concern over the Company’s failure to comply with requests to install a backup hydrogen sulfide absorber, especially since Erie Coke admits that its main absorber is routinely taken offline for maintenance. “Despite being told as early as August 29, 2017 that the Department would not be able to renew the Title V permit without a backup hydrogen sulfide control device, Erie Coke did not submit a plan for approval for a backup control device until late June 2019,” the Department’s brief reads. Lawyers for the Department also noted 78 unresolved violations at the facility between June 2017 and April 2019. They added that despite the company’s assertions that they are on a positive compliance trajectory, Erie Coke racked up the most minutes of opacity violations ever recorded by the facility’s Continuous Opacity Monitoring System (COMS). In the second quarter of 2019, there were more than 3,000 minutes of opacity violations, according to the brief. Indeed, since the third quarter of 2017, the number of days per quarter where there was at least one exceedance of battery stack opacity ranged from 54 to 86 – with six of the last eight quarters seeing more than 80 days with violations. DEP attorneys also argued that the Company lacks the proper finances to bring the plant – and keep it – in compliance with its permit. It noted that Erie Coke has no capital improvement plan or training budget. “What this means is Erie Coke will try to squeeze out some funds for environmental compliance from its operating budget,” DEP attorneys wrote. They added that Erie Coke witness testimony showed the Company “has no firm source of capital to install (the hydrogen sulfide absorber)” and has set aside zero dollars to pay for the project. Efforts to comply “amount to only fending off the department as long as it can,” lawyers for the Department wrote. Finally, it said that any financial harm Erie Coke suffers is “self-inflicted.” “Any economic harm to Erie Coke arises from its inability to operate in accordance with the Clean Air Act and regulations, not the Department’s denial.” “DEP has made a strong case for why supersedeas should not be granted,” Group Against Smog and Pollution Executive Director Rachel Filippini said. “Both Erie Coke’s long history of violations and its current lack of finances to undertake improvements give us little hope that it will be able to comply with the Clean Air Act moving forward.” We now await the Judge’s decision on this matter and ECC’s previously filed petition to extend the record. We’ll update you as more information becomes available. #ErieCoke #TitleVoperatingpermit #TitleV #RachelFilippini #emissions #DEP #EnvironmentalHearingBoard #airquality