This story was updated to include more links to news articles related to the settlement agreement. The Allegheny County Health Department (ACHD) in a press release Monday announced that it has finalized the settlement agreement and order with U.S. Steel that was issued in June of 2019. The announcement comes more than six months after ACHD held a public hearing to receive comments on the settlement—a hearing at which GASP and myriad other environmental organizations and residents spoke. The agreement addresses ACHD’s 2018 enforcement order and all subsequent penalties issued against the Clairton Coke Works from 2018-19. It also requires the company to meet the improvement criteria of the 2018 enforcement order, which includes $200 million in plant improvements. ACHD said two important elements of the final order have been completed: A Community Benefit Trust has been established for impacted communities: Clairton, Glassport, Liberty, Lincoln and Port Vue. These communities will be able to utilize funds for projects that improve, protect, or reduce the risk to public health or the environment. The Smithfield Trust Company will serve as administrator of the trust and will guide the communities with all aspects of administration. These communities represent the areas that modeling has demonstrated to be the most immediately impacted by the emissions from the Clairton Coke Works and have previously been designated by EPA for failing to meet particulate matter standards. Neither ACHD nor U.S. Steel will be involved in the administration of this trust. The current trust deposits are: $2,459,253 (Initial Deposit – July of 2019) $669,262.50 (2nd and 3rd quarter penalties of 2019) 90 percent of all battery fugitive emissions violations at the Clairton Coke Works will be deposited into the Community Benefit Trust for approximately five years. Citizens and elected officials from Clairton, Glassport, Liberty, Lincoln and Port Vue will be selected to be part of a Community Advisory Panel. The Panel will meet quarterly with representatives from U.S. Steel to discuss concerns related to the Clairton Coke Works. View the amendment to the agreement here. To view the public comment and response document, and for additional information regarding the Community Benefit Trust, visit ACHD’s legal page: http://bit.ly/2H2jnWh. Editor’s Note: GASP is reviewing the finalized settlement agreement, please check back—this story will be updated with reaction and links to associated media stories. Environmental Trust Fund Established for Five Mon Valley Communities, published by the Pittsburgh Post-Gazette Allegheny Co. Health Dept. Finalizes Settlement with U.S. Steel, published by KDKA U.S. Steel, Allegheny County Finalize Clairton Coke Works Emissions Settlement, published by the Pittsburgh Tribune-Review U.S. Steel, Allegheny County Health Department Finalize Air Pollution Settlement Agreement and Order, published by WESA U.S. Steel and Health Department Finalize Settlement Agreement, published by the Pittsburgh Business Times #USSteel #AlleghenyCountyHealthDepartment #ACHD #ClairtonCokeWorks #airquality

The U.S. Environmental Protection Agency (EPA) on Friday announced a proposal to strengthen a key national ambient air quality standard (NAAQS) for fine particle pollution (PM2.5) to better protect communities, including those most overburdened by pollution. Fine particles are able to penetrate deep into the lungs and can result in serious health effects that include asthma attacks, heart attacks, and premature death – disproportionately affecting vulnerable populations including children, older adults, those with heart or lung conditions, as well as communities of color and low-income communities across the nation. These particles may be emitted directly from a source, such as construction sites or smokestacks; other particles form in the atmosphere as a result of complex reactions of chemicals such as sulfur dioxide and nitrogen oxides, which are pollutants emitted from power plants, industrial facilities like U.S. Steel’s Mon Valley Works, and vehicles. EPA's proposal will specifically take comment on strengthening the primary (health-based) annual PM2.5 standard from a level of 12 micrograms per cubic meter to a level between 9 and 10 micrograms per cubic meter, reflecting the latest health data and scientific evidence. The Agency is also taking comments on the full range (between 8 and 11 micrograms per cubic meter) included in the Clean Air Scientific Advisory Committee's (CASAC) latest report. Since EPA completed its last review of the PM NAAQS in 2012, thousands of new scientific studies have demonstrated the dangers of soot exposure. Strengthening the primary annual PM2.5 standard is expected to address disparities and would result in significant public health benefits. EPA estimates that if finalized, a strengthened primary annual PM2.5 standard at a level of 9 micrograms per cubic meter, the lower end of the proposed range, would prevent: up to 4,200 premature deaths per year; 270,000 lost workdays per year; result in as much as $43 billion in net health benefits in 2032. According to the release: EPA will work closely with state, local, and Tribal air agencies to implement the revised primary annual PM2.5 standard when finalized. Today's proposal is the latest in a broader suite of programs under President Biden's leadership to reduce air pollution that threatens communities. These programs include the proposed Good Neighbor Plan to address smog that affects downwind states, rules to address air pollution from oil and gas operations, including methane pollution, and other critical rules to reduce emissions from power plants and the transportation sector, such as the recently finalized Clean Trucks Rule that will slash smog- and soot-forming pollution from heavy-duty trucks. EPA is also proposing to revise other aspects related to the PM standards – such as monitoring requirements and the Air Quality Index (AQI) – that will help states and Tribal Nations meet the revised standards while making significant strides toward protecting the health of all people, including at-risk populations. The Agency is proposing to retain the primary 24-hour PM2.5 standard of 35 micrograms per cubic meter, while taking comment on revising this level to as low as 25 micrograms per cubic meter. By way of background: In June 2021, EPA announced it would reconsider the Trump administration's December 2020 decision to retain the 2012 PM2.5 standards because available scientific evidence and technical information indicated that the standards may not be adequate to protect public health and welfare. In developing today's proposal, EPA considered the best available science and technical information, including an Integrated Science Assessment and updated Policy Assessment that were made available for public comment and for expert review by the Agency's Clean Air Scientific Advisory Committee (CASAC) and CASAC PM expert panel. EPA carefully evaluated the recommendations of the CASAC in developing the proposed rule. EPA will accept public comment for 60 days after the proposal is published in the Federal Register. EPA will also conduct a virtual public hearing over several days for this proposed rulemaking, with the hearing beginning at 11:00 am Eastern Time and concluding at 7:00 pm ET each day. EPA will begin pre-registering speakers for the hearing upon publication of the announcement of the public hearings in the Federal Register. Additional information will also be made available on the National Ambient Air Quality Standards (NAAQS) for PM webpage. After reviewing comments, the Agency plans to issue final standards later this year. Click here for more information on the NAAQS review process and other documents related to this reconsideration. Editor’s Note: GASP staff is reviewing the proposal. Stay tuned, we’ll have more information on how to make your voice heard on this important issue. Until then, here are some media links with more details about the announcement: EPA proposes new rule to crack down on deadly air pollution, CNN EPA seeks tougher limits on soot, Washington Post EPA proposes tighter particulate standards, LA Times

At GASP we aim to be a resource for not only residents but for municipal officials, too, so they can better understand and take action on important air quality issues specific to their communities. And now, thanks to a grant from the Pennsylvania Department of Environmental Protection (DEP), we’ve crafted an educational primer that addresses everything from air quality sources and regulations to local grant funding opportunities and community resources. We’re also taking our educational advocacy on the road, hosting air quality workshops in Allegheny and surrounding counties for local elected and municipal officials. GASP is hopeful these workshops will help equip your local leaders with the information they need to better represent you on the air quality front. “Municipal officials and elected leaders are tasked with understanding the intricacies of so many important issues facing their communities - from taxes and budgets to road maintenance and zoning rules,” GASP Executive Director Patrick Campbell said. “We know just how complex air quality issues can be and hope that our primer will be a go-to resource for local officials.” GASP educator Laura Kuster agreed. “The information compiled in our primer and shared in our workshops goes beyond FAQs about air pollutants and emissions sources,” she said. “It also provides details about grant funding sources and information related to creating climate action plans.” And there are perks to attend: At each workshop, municipal officials who attend will be eligible to win a free PurpleAir monitor for placement in their community. GASP is currently seeking community partners in Armstrong, Beaver, Fayette, Greene, Washington, and Westmoreland counties (we’re lookin’ at you, civic groups, education centers, and libraries). Stay tuned, GASP will be hosting workshops throughout 2023. Editor’s Note: If you’re a community group, municipal official, or staff member reading this and you’d like more information, don’t hesitate to email our executive director for more details at patrick@gasp-pgh.org.

In addition to spiked levels of fine particulate matter, sulfur dioxide (SO2) was also elevated, hitting 71 ppb Thursday night, just shy of a NAAQS exceedance. That’s not all: Thursday marked seven days in a row that the Liberty monitor exceeded the 0.005 ppm 24-hour hydrogen sulfide (H2S) standard. For those who may not have been following the story: A strong weather inversion this week helped trap air pollutants closer to the ground, helping to spur the spike at the Liberty monitor. As a result, the Liberty-Clairton area appeared several times on the list of areas in the country with the worst air quality index. The persisting poor air quality prompted the state Department of Environmental Protection (DEP) to issue Code Orange Air Quality Action Days twice this week. The Allegheny County Health Department also issued statements on Monday and Thursday alerting the public to the inversion and its potential to exacerbate air pollution events. The department’s statements reiterated that the department was in daily contact with U.S. Steel officials, that the company’s Clairton Works and other Mon Valley Works facilities were operating under normal conditions and within their permit limits. In the message issued Thursday afternoon, ACHD officials said that while weather conditions were expected to improve, they encouraged residents to continue to make air quality complaints online. While the Group Against Smog and Pollution (GASP) appreciates that ACHD is communicating with residents more frequently about important air quality issues that impact public health as of late, more is needed than lip service. “Weather is obviously not a pollution-control measure,” GASP Executive Director Rachel Filippini said. “We’ve said it before and it’s worth repeating: Even when operating under normal conditions, U.S. Steel is permitted to literally emit tons of pollution every year. The company has demonstrated that it can operate at a reduced production rate when market conditions aren’t prime, which means they could choose to do so when weather conditions are poor. They choose not to.” GASP on Friday renewed its call for ACHD to update and strengthen coke-oven regulations in an effort to reduce industrial emissions. By way of background: More stringent coke-oven regulations are important because coke-making is, among other things, a primary source of H2S in Allegheny County. In fact, U.S. Steel’s Clairton Coke Works is the largest emitter of H2S in the entire state. By a lot. According to the U.S. Environmental Protection Agency’s Toxic Release Inventory, Clairton Coke Works self-reported emitting about 120 tons of H2S in 2018—the most recent year for which data is available—while the self-reported emissions for all other sources in Pennsylvania combined totaled about 36.5 tons. Editor’s Note: We graphed the ACHD air quality data for those who want to take a deeper dive into the numbers: #H2S #hydrogensulfide #USSteel #RachelFilippini #AlleghenyCountyHealthDepartment #ACHD #ClairtonCokeWorks #airquality #MonValleyWorks

The cause? A strong weather inversion, one that also helped trap air pollutants closer to the ground, prompting a spike in fine particulate matter (also known as PM2.5). The Liberty-Clairton area appeared several times on the list of areas in the United States with the worst air quality index. It wasn’t unexpected: The inversion and poor air quality it helped create prompted the Allegheny County Health Department to issue a special public statement warning the public of the health impacts associated with elevated levels of air pollution. The state Department of Environmental Protection sent out its own warnings, declaring Christmas Eve and Christmas Day as Code Orange Air Quality Action Days. How bad was it? Today makes six days in a row that the Liberty monitor exceeded the 0.005 ppm 24-hour h2s standard. Preliminary data from ACHD also showed an exceedance of the 24-hour average PM2.5 NAAQS limit on Dec. 21, Dec. 22, Dec. 23, Dec. 24 and Dec. 25. ACHD’s statement about the inversion and heightened levels of air pollutants noted that officials had been “in touch” with major emissions source operator U.S. Steel, saying there was “no unusual activity” at the company’s Clairton Coke Works. The message also indicated that all of the company’s Mon Valley facilities were “operating within their permit limits.” However, GASP’s Executive Director Rachel Filippini wanted to be sure to put the situation into perspective. “Temperature inversions are natural weather phenomena that we cannot alter, but we do have the power to reduce the amount of pollution coming from local sources when we know one is taking place or is forecast to take place,” she said. “Given how poor local air quality has been, industry – especially in the Mon Valley – could and should be proactive and take steps to minimize the air pollution to which we are all subjected. And ACHD should do more to ensure these companies act like the good neighbors they claim they want to be.” She added: “Even operating under normal conditions, U.S. Steel is permitted to emit tons of pollution each year. If the company can operate at a reduced production rate due to market conditions, surely it can be proactive about public health and operate less when stagnant air is predicted.” UPDATE: On Thursday afternoon ACHD released the following statement from its Deputy Director of Environmental Health Jim Kelly via the county’s Allegheny Alert notification system regarding air quality in the region: “The Allegheny County Health Department continues to monitor the air quality in our region following several days of heavy fog, very light winds and continued strong and lengthy temperature inversions. The weather resulted in the DEP twice forecasting a Code Orange Air Quality Action Day for PM2.5 on December 24 and 25 for the Liberty-Clairton area. Preliminary data has shown exceedances of the 24-hour federal PM2.5 standard at the Liberty monitor (greater than 35 micrograms per cubic meter) from Saturday, December 21 through Wednesday, December 25. As a result, ACHD’s Air Quality Division has been in daily communication with U.S. Steel and other facilities in the Mon Valley to monitor all activity and ensure compliance with their permits. While air quality is expected to continue to improve in the upcoming days, residents are encouraged to submit air quality complaints by calling 412-687-ACHD (412-687-2243) or using the department’s online form: http://bit.ly/2PQoWLK.” Editor’s Note: For those who want to take a deeper dive into the monitored data, check out these graphs: #airpollution #RachelFilippini #AlleghenyCountyHealthDepartment #DEP #ClairtonCokeWorks #airquality

The Allegheny County Health Department (ACHD) on Monday issued an Allegheny Alert regarding an enforcement order against U.S. Steel – one that called for a fine of $10,560 to be levied. The Allegheny Alert read: ACHD issued an enforcement order against U.S. Steel on March 25, 2019, due to a failed stack test at the Clairton Coke Works that occurred in November of 2018. Battery 13’s combustion stack exceeded the limit for particulate matter (PM2.5) outlined in its permit. The order required a retest of the Battery 13 stack and corrective actions to be taken to bring the battery into compliance. The first retest of this stack took place in April of 2019, and results indicated another failure of the emission limit. During a second retest in June of 2019, results indicated compliance. The process to confirm compliance consists of comprehensive data analysis, review and verification, and can take up to six months and was just recently completed. Today, ACHD notified U.S. Steel that it has levied a fine of $10,560 against the company for failing to meet compliance limits for the retest of Battery 13 in April of 2019. ACHD noted in the Alert that the enforcement action is not related to the Dec. 24, 2018 fire at Clairton Coke Works. The message from ACHD also included a link to the letter sent explaining that the department had levied the fine, as well as the enforcement order, dated Friday (Dec. 20). U.S. Steel has 30 days to either pay the fine levied or appeal the order. Editor’s Note: Please check back – this story will be updated with more information as it becomes available. #enforcementorder #USSteel #AlleghenyCountyHealthDepartment #ACHD #ClairtonCokeWorks

Erie Coke Corp. has shut down operations at its bay-front facility, according to news reports. GoErie.com’s Madeleine O’Neil reported that employees who showed up for work this morning were turned away, and that the company released a statement shortly before noon Thursday to confirm that the plant would be permanently shut down. This news comes in the wake of a protracted legal battle between Erie Coke Corp. and the state Department of Environmental Protection (DEP), which this summer denied the company’s Title V permit and sought to have operations there shut down after repeated – and numerous – environmental violations. It wasn’t immediately clear whether a scheduled February proceeding before the Environmental Hearing Board would be canceled now that company officials have decided to shutter the plant. The closure comes days after the company announced that it would have to truck wastewater from the facility for treatment off-site after missing a deadline set by the city to come into compliance with wastewater rules. “A decision of that magnitude wasn’t made overnight. Blindsiding employees a week before Christmas is outrageous and its management team should be ashamed,” GASP Executive Director Rachel Filippini said. The grassroots group Hold Erie Coke Accountable (HECA) released the following statement Thursday afternoon: Today is a sad day for the Erie Community. It was never the intent of HECA, Hold Erie Coke Accountable, to close the Erie Coke plant. Our intent was, as our name implies, to hold them accountable, to ensure that they meet the environmental regulations that were meant to safeguard the health and welfare of our community. Public health must be a priority.No one relishes the loss of jobs. Erie Coke has had decades to avoid this moment but chose instead to abuse their workforce and the community here and also in Tonawanda.PA DEP stood up and enforced the regulations designed to protect the Erie community, giving Erie Coke many opportunities to be in compliance. We thank DEP and our elected leaders who have the backs and lungs of their constituents.DEP was supported unanimously by our concerned city and county councils who issued formal resolutions. Our mayor and county executive also were supportive of their constituents.Today’s event is in lockstep with the reality of the new economy where talent, business and investment flows only to locales of high quality of life. Erie Coke’s abuse of people and environment placed a strain on public health, the environment and also the economy by hurting Erie’s ability to compete for business, talent and investment. Environmental justice has been achieved for the people of Erie. Everyone is downwind. And it is admirable that we stood together to stick up for our right to clean air, water, land and life. Erie’s best future is in the hands of its people who no longer need to settle for anything but the best of life. Finally, we need to understand that the work is just beginning. We need to ensure that Erie Coke doesn’t just walk away from the large cleanup that will be needed. Our land, air, water and public health have been sacrificed for decades and if Erie Coke’s closure is imminent, then we need to continue the fight to reclaim the site for the Erie community. And Erie’s concern is sure to be shown in the swift way all come together to help workers displaced by Erie Coke to find new opportunities as soon as possible. Here’s the associated media coverage: From USA Today: Coke plant signals shutdown amid mounting pollution concerns, From GoErie.com: DEP aware of Erie Coke closure; details still unclear From YourErie.com: Erie Coke closes plant down unexpectedly/Department of Environmental Protection weighs in on Erie Coke decision to shut down From CBS: Erie Coke plant closed, workers turned away at gate Editor’s Note: This story will be updated—please check back. #ErieCoke #HoldErieCokeAccountable #ErieCokeCorp #TitleV #HECA #MadeleineONeil #DEP

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