UPDATE: Poor air quality is expected to continue in the Mon Valley. While the Allegheny County Health Department did not address the most recent bout of elevated H2S concentrations, it did issue a Mon Valley Air Pollution Watch at 6:43 p.m. Monday. The message was shared via the Allegheny Alerts system and social media: An exceedance of Pennsylvania’s 24-hour standard for hydrogen sulfide (H2S) is guaranteed today thanks to exceptionally high levels of the pollutant this morning at the Allegheny County Health Department’s air quality monitor in Liberty Borough - the second day in a row the Mon Valley has been inundated with industrial stench. In fact, today marks the fifth such exceedance at the Liberty monitor in the past six days. One of those six days includes a dreadful episode last week when concentrations of H2S exceeded the state’s one-hour standard for the first time since 2015. For perspective, H2S levels exceeding the state 1-hour standard have only occurred nine times in the past 20 years, according to ACHD monitor data. The rarely-seen, sky-high H2S levels resulted in GASP filing a formal air quality complaint with the county health department asking ACHD to consider updating residents through a public alert. Our concern is that exposure to the levels of H2S we see 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. As for the source of the Mon Valley’s H2S problem, a recent examination of H2S issues in the area suggests it’s none other than U.S. Steel: A 31-page study ACHD released this past spring found that years’ worth of H2S exceedances in the Mon Valley “can be attributed entirely” to emissions from its Clairton Coke Works operations. Just days later, the department 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. While GASP appreciates that the department issued public updates about the elevated levels of H2S at the Liberty monitor, we were disappointed that those messages blamed the weather instead of the source of the pollution. “Yes, there was an inversion overnight last week when H2S levels hit their highest level in seven years, and yes, inversions contribute to poor air quality, but ACHD’s own analysis shows we average around 150 days with an inversion per year,” said GASP staff attorney Ned Mulcahy. “Given the regularity of inversions and the stark scarcity of one-hour H2S exceedances, I think the ‘inversion’ explanation ACHD offered is incomplete at best.” Atmospheric science aside, the outreach also struck us as not appreciating the human impact of the high H2S levels. “We found it extremely troubling that our public health department failed to include any information about how hydrogen sulfide can impact public health, instead describing the issue as merely a nuisance,” GASP Executive Director Patrick Campbell said. “It also failed to communicate what - if anything - the department is doing to get to the root of the problem.” He continued: “When people wake up, go outside, and are assaulted by stench and unhealthy air quality they need to be able to rely on the people who are charged with protecting their health to let them know what’s happening to cause it and what steps they can take to mitigate their exposure. Right now they just aren’t getting that level of service and it’s shameful.” GASP again calls on ACHD for a robust public update shared through the Allegheny Alerts system and communicated to local news media to ensure the information is shared as broadly as possible. We continue to follow this issue - and monitor data - closely and will keep you posted.

Today we want to give a shout-out to our friends at Grow Pittsburgh, who invited us to take part in their fourth-annual Braddock Farm Fall Festival this past weekend - a fantastic family-friendly event featuring free food, crafting activities, face painting, and demonstrations. GASP’s table was in the shadow of U.S. Steel’s Edgar Thomson facility - a major source of air pollution in Allegheny County - which was appropriate: Our educator Laura Kuster was on hand to help educate residents about a new regulation known as The Mon Valley Episode Rule and why – and how – to get signed up for crucial public health alerts when air quality is unhealthy (like it was this week). By way of background: The new rule is an addition to the local Air Pollution Control Regulations signed into law last year. Its purpose was to develop and implement a system to respond to weather-related inversions in the Mon Valley, which can result in episodes of high levels of particulate matter pollution. Here’s how it works: Under the new regs, ACHD monitors pollution forecasts for conditions that could lead to an “episode” – when meteorological conditions are likely to contribute to unacceptable air pollution levels in the Mon Valley. When this happens, sources of emissions within a defined Mon Valley area subject to the rule are required to follow approved mitigation plans to reduce emissions of fine and coarse particulate matter. During these conditions, ACHD may issue a Mon Valley Air Pollution Watch or Warning through the Allegheny Alerts system. Through this public alert system, residents can opt to receive Mon Valley Alert messages via email, text, or automated phone calls. GASP’s making it simple to sign up. Just fill out this form and we’ll take care of the rest:

UPDATE: Stench and elevated concentrations of H2S persisted Thursday at the Liberty air quality monitor. Another exceedance of Pennsylvania's 24-hour average standard was guaranteed early - the fifth straight day the Mon Valley was assaulted by stench. It was the eighth such exceedance in the past nine days. If you live in or downwind of the Mon Valley, we don’t have to tell you just how bad the air quality has been over the past week, or that the stench of sulfur and rotten eggs ruined some otherwise beautiful fall days. And we likely don’t have to tell you that the poor air quality’s assault on public health and wellbeing continues today. Users of CMU CreateLab’s crowdsourcing app SmellPGH are reporting significant industrial odors and Allegheny County Health Department (ACHD) monitor data show concentrations of hydrogen sulfide (or H2S for short) remain elevated at its air quality monitor in Liberty Borough What we will tell you is this: The latest bout of bad air quality culminated with an exceedance Tuesday of the National Ambient Air Quality Standard (NAAQS) for fine particulate pollution (PM2.5). Worth noting is that as of the time of publishing this story, what we’re telling you is something ACHD has NOT told the public, but more on that later. Air quality exceeding the 24-hour PM2.5 NAAQS was not unexpected: The Department of Environmental Protection (DEP) issued a Code Orange Air Quality Action Day warning for Tuesday, which meant officials anticipated the full day to end up as an “orange” air quality index (AQI) day. An AQI in the “orange” range means air quality is “unhealthy for sensitive [populations]” like children and folks with respiratory diseases. The lowest “orange” AQI is 101 and equates to a 24-hour PM2.5 average of 35.5 ug/m3 - which is the trigger for a PM2.5 exceedance. The final 24-hour average PM2.5 concentration at the Liberty monitor yesterday was 42.0 ug/m3, based on preliminary hourly data. While PM2.5 levels are not expected to remain above the federal health-based standard today, H2S remains an issue for local residents. Today will mark fourth day in a row that the Mon Valley has been overwhelmed with stench and seventh such exceedance at the Liberty monitor in the past eight days. As a reminder, while the stench was bad the past few days, H2S levels were far worse last week, when concentrations of exceeded Pennsylvania’s one-hour standard for the first time since 2015. H2S levels exceeding the state 1-hour standard have only occurred nine times in the past 20 years, according to ACHD monitor data. But back to those PM2.5 concentrations… In addition to the DEP calling for a Code Orange Air Quality Action Day, ACHD issued a Mon Valley Air Pollution Watch for Tuesday. These watches are part of a Mon Valley Episodic Air Pollution regulation that went into effect last year. That rule, which aims to minimize particulate pollution on days when poor weather conditions are expected to impact ambient air quality, requires major sources of pollution to minimize their emissions when a Watch turns into a Warning. When should a Mon Valley Air Pollution Watch change to a Warning? Good question - one we’d like health department leaders to clarify. Here’s why: The regulation states that Mon Valley Air Pollution Warning is triggered when the rolling 24-hour average for PM2.5 reaches 35.5 ug/m3. That threshold was reached as of 8 a.m. Tuesday and steadily increased throughout the day. But the rule only requires the Warning be put into effect if ACHD “has determined atmospheric conditions will continue” to contributed to a likely exceedance of the PM2.5 NAAQS. Which brings us to the questions of the day: Why didn’t ACHD issue the warning? And had the department asked industry polluters like U.S. Steel to dial back production and take other actions to mitigate poor air quality, could the exceedance of the federal health-based standards have been avoided? To be clear: ACHD issued the Mon Valley Watch on Monday afternoon and residents have heard nothing from them since. “What happened yesterday was a failure of leadership and a failure of communication,” GASP Executive Director Patrick Campbell said. “Residents deserve so much more from ACHD than what they are getting. We encourage the department to take a look at the many, many odor reports made on the SmellPGH app as well as the personal stories people shared on social media yesterday.” He continued: “The lack of information, empathy, and action from our health department are deeply troubling.” Editor's Note: We graphed the PM2.5 and H2S values for those who'd like to take a deeper dive into the data: If you appreciate GASP's updates, watchdog work, educational offerings, and advocacy, please consider making a donation today. For as little as $5, you can support our work and help us keep good content on the air (see what we did there?). Click here to make a tax-deductible donation.

Today we want to talk about the Tenaska Westmoreland Generating Station, a two-turbine, 940-megawatt, natural gas-fired power plant located in South Huntington Township, Westmoreland County. A little background: The facility’s construction and initial operation were authorized by an Air Quality Plan Approval issued in April 2015 by the Pennsylvania Department of Environmental Protection (DEP). Although Tenaska Westmoreland is a major source of air pollution under the Clean Air Act and has operated for almost four years, it has never applied for or received a Title V Operating Permit. And four years is a long time for a new source to operate “temporarily” under its plan approval. So we decided to find out why Tenaska Westmoreland has been permitted to operate subject to temporary authorizations recently after reading a notice in the Pennsylvania Bulletin announcing that the DEP was extending the facility’s authority to operate temporarily under its Plan Approval for another 180 days – the ninth such extension that DEP has granted. What our legal staff learned is that Tenaska Westmoreland has had problems completing the initial compliance testing required by its Plan Approval. *record screech* At this point we have to stop and explain a little bit of background and procedure: Under Pennsylvania’s air pollution regulations, a plan approval for a new source like Tenaska must require the source to demonstrate compliance with applicable emission limits before it can apply for, or be issued, an operating permit. Plan Approvals must also authorize the temporary operation (for a period of up to 180 days) of the source pending issuance of an operating permit. If the construction or installation of the source is not complete before the authorized period of temporary operation ends, the source must apply for an extension of its authority to operate under its plan approval, for a maximum of an additional 180 days. Tenaska Westmoreland’s Plan Approval sets emission limits for a host of pollutants including nitrogen oxides, carbon monoxide, volatile organic compounds, formaldehyde, particulate matter, sulfuric acid mist, sulfur dioxide, ammonia, and carbon dioxide. The Plan Approval also requires DEP-approved testing within 180 days of the facility’s initial startup to determine compliance with the emission limits for all of those pollutants, excepting greenhouse gases - the facility must test for compliance with its carbon dioxide limits once every 25,000 hours of operation. Tenaska Westmoreland performed its initial compliance test in January 2019, shortly after the plant became fully operational. However, the test showed that formaldehyde emissions from both of the plant’s turbines exceeded applicable limits by a factor of about 100 (that is not a typo!). “Obviously, that was a problem, but retesting in March and May 2019 and December 2020 showed that formaldehyde emissions from the turbines were within limits,” GASP senior staff attorney John Baillie explained. A Tenaska investigation into the cause of the failed January 2019 compliance test concluded that the exceedance of formaldehyde limits was caused by “potential off-gassing of formaldehyde from the heated sample line,” likely as the result of a large swing in the outside air temperature during the test. In March 2022, the company scheduled yet one more compliance test for October 2022, proposing to use a different test protocol. DEP rejected that test protocol in April 2022, as well as the previous compliance test results, and required Tenaska Westmoreland to develop a new test protocol. From the documents that DEP provided us, it is not clear why DEP took more than three years to determine that the initial test protocol was inadequate. It also did not appear from those documents that Tenaska Westmoreland has submitted a revised, corrected test protocol, or scheduled a compliance test with such a protocol. Also in April, DEP rejected a test protocol that Tenaska Westmoreland submitted to determine compliance with its CO2 emission limits. It appears that the company has yet to revise that test protocol to resolve DEP’s objections. Where does that leave things? “As things stand, no one can say for sure that Tenaska Westmoreland complies with its emission limits for formaldehyde and CO2, even though the plant has been operating for almost four years,” Baillie said. “GASP expects, DEP and Tenaska Westmoreland will be able to resolve this situation in the near future and without further delay.” GASP will continue to monitor new developments as they occur and report when we know more. If you appreciate GASP's updates, watchdog work, educational offerings, and advocacy, please consider making a donation today. For as little as $5, you can support our work and help us keep good content on the air (see what we did there?). Click here to make a tax-deductible donation.

Editor's Note Update #2: The Allegheny County Health Department issued a follow-up public alert regarding hydrogen sulfide levels at the Liberty monitor. The message was sent through the Allegheny Alerts system at 11:31 a.m. Friday, Oct. 7. "Our Liberty air monitor is continuing to register elevated levels of Hydrogen Sulfide (H2S). H2S levels declined during the day yesterday, but rose again overnight, surpassing the state nuisance limit. We expect levels to continue to decrease throughout the day with this afternoon’s projected forecast for rain. The Air Quality Program will continue to monitor the situation and provide updates as needed." Update #1 Allegheny County Health Department issued the following update via social media and through its Alert system at 2:26 p.m. Thursday, Oct. 6: The Liberty monitor has been reading high Hydrogen Sulfide (H2S) concentrations. A strong inversion started last night and broke at approximately 10:30 a.m. Weather conditions are expected to improve as the day continues. There is a chance of another inversion tonight. The Air Quality Program has been and will continue to monitor the situation and provide updates, as needed. For up-to-date air monitoring information, please visit our online dashboard: www.alleghenycounty.us/airquality The odor of rotten eggs and industrial stench enveloped the Mon Valley Wednesday night and this morning, with users of the crowdsourcing app SmellPGH lamenting air quality they rated as “as bad as it gets” and describing physical symptoms like headache, difficulty breathing, and irritation of the eyes, nose, and throat. The likely culprit is sky-high hydrogen sulfide concentrations at Allegheny County Health Department’s air quality monitor in Liberty Borough. ACHD monitor data show that H2S concentrations were so high that by 7 a.m., an exceedance of Pennsylvania’s 24-hour average standard was guaranteed. That’s not all: On Wednesday evening, concentrations of H2S at the Liberty monitor exceeded Pennsylvania’s one-hour standard for the first time since 2015. For perspective, consider this: According to ACHD data, H2S levels this high have only occurred nine times in the past 20 years. But let’s take a quick step back: Hydrogen sulfide (H2S for short) is a colorless gas recognizable by its rotten-egg odor. It’s a stench that those in the Mon Valley – and folks downwind of it – deal with all too often. Exposure to the levels of hydrogen sulfide we see (all 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 asking yourself at this point, “What is the source of all this H2S?” a recent ACHD study concluded it’s none other than U.S. Steel. For those who might have missed it, the 31-page study found that years’ worth of H2S exceedances in the Mon Valley “can be attributed entirely to emissions from US Steel’s Clairton coking facility.” 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. Given this history, GASP today is again 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? “Residents deserve clean air to breathe. When they don’t get it, at the very least they deserve transparency and accountability from both ACHD and U.S. Steel,” GASP Executive Director Patrick Campbell said. “Residents need to know what’s causing the recent obscene H2S values and what’s being done to stem the issue.” Editor’s Note: GASP has filed a formal air quality complaint and has reached out by email to ACHD staff for further information. We will keep you posted when - or if - we hear back. If you appreciate GASP's updates, watchdog work, educational offerings, and advocacy, please consider making a donation today. For as little as $5, you can support our work and help us keep good content on the air (see what we did there?). Click here to make a tax-deductible donation.

On what otherwise is a beautiful fall day for many residents of southwest Pennsylvania, air quality in the Mon Valley is abysmal Tuesday, the details of which can best be described as bad news and worse news. First, the stench continues: concentrations of hydrogen sulfide (AKA H2S, AKA that rotten egg odor folks in the Mon Valley are all too familiar with) remain elevated at the Allegheny County Health Department (ACHD) air quality monitor in Liberty Borough. Second, the Pennsylvania Department of Environmental Protection (DEP) on Monday declared today a Code Orange Air Quality Action Day for fine particulate matter (or PM2.5) and the ACHD issued a Mon Valley Air Pollution Watch, which is also based on predicted high PM2.5 levels. It’s been a rough week of air quality for our friends in the Mon Valley - especially when it comes to H2S – and we know adding PM2.5 into the mix means there’s a lot to unpack. So let’s get some important background info out of the way (especially for those who might just be tuning in). Tuesday marks the third day in a row that the Mon Valley was overwhelmed with stench. By 8 a.m. this morning, an exceedance of the state’s 24-hour average standard was guaranteed. It’s the sixth such exceedance at the Liberty monitor in the past seven days. The odor was bad this morning, but H2S levels were not the worst of this episode: Last week concentrations of H2S exceeded Pennsylvania’s one-hour standard for the first time since 2015. H2S levels exceeding the state 1-hour standard have only occurred nine times in the past 20 years, according to ACHD monitor data. While ACHD’s public messaging last week referred to the H2S issue as a “nuisance,” GASP remains concerned about the very real public health impacts. We know that exposure to the levels of H2S often seen 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. As if that wasn’t enough of a (potentially literal) headache, for the first time in this wave of poor air quality PM2.5 is also a problem. When DEP issued its Code Orange Air Quality Action Day warning yesterday, that meant officials expected the full day today to end up as an “orange” air quality index (AQI) day. As a reminder, the Environmental Protection Agency (EPA) uses a color-coded system to classify the severity of air quality. AQI values in the “red” range mean air quality is “unhealthy” and that “members of the general public may experience [adverse] health effects,” while the “orange” range means air quality is “unhealthy for sensitive [populations]” like children and folks with respiratory diseases. You can learn more about that here. The lowest “orange” AQI is 101 and equates to a 24-hour PM2.5 average of 35.5 ug/m3 - which is an exceedance of the National Ambient Air Quality Standards. While we can’t say for sure - yet- that there will be such an exceedance at the Liberty monitor today, ACHD air quality data show we are on track for one. What we *can* say for sure is that as of 8 a.m. today, PM2.5 levels hit the Mon Valley Air Pollution Episode Rule threshold. That means that ACHD could have - and we think should have - upgraded its Monday Watch to a Warning, assuming “the Department has determined atmospheric conditions will continue” to contribute to poor air quality. A “Mon Valley Air Pollution Warning” would have required source of particulate matter emissions to take “measures to reduce PM2.5 and PM10 emissions to minimize the impact on public health, safety, or welfare.” Unfortunately, since issuing the Mon Valley Air Pollution Watch yesterday afternoon, ACHD has done no further outreach through its Allegheny Alerts system or social media channels to remind residents of unhealthy air quality and how to mitigate exposure. “Real people are suffering, and they need to be able to trust that the health department is going to arm them with all the information and resources they need to make informed decisions when air quality is unhealthy,” GASP Executive Director Patrick Campbell said. “We have real concerns about how the Mon Valley Air Pollution Rule is being implemented and think it’s time ACHD revisit the rules to make them more protective of public health.” Editor’s Note: Here’s how to file an air quality complaint with Allegheny County Health Department. And here’s our Resident’s Guide to the Mon Valley Air Pollution Rule and the facilities subject to it. Also: We graphed the PM2.5 and H2S values for those who'd like to take a deeper dive into the air quality data. Check it out: If you appreciate GASP's updates, watchdog work, educational offerings, and advocacy, please consider making a donation today. For as little as $5, you can support our work and help us keep good content on the air (see what we did there?). Click here to make a tax-deductible donation.

GASPers, we’d like to formally introduce you to our intern, Sarah Flowers. Sarah is currently pursuing her master’s degree at the University of Pittsburgh School of Public Health and is focusing her studies on community health. She’s been helping us with our educational programming while completing her practicum. Why did she choose GASP? Hear it from her: “I am passionate about environmental impacts on health, and having asthma myself, understand the importance of the work that GASP does to improve air quality standards and educate the community on this issue,” Sarah told us. “I hope to both learn a lot and contribute to the work that GASP is doing.” Fun Fact: Sarah has two adorable cats, Gypsy and Sesame.

U.S. Steel/Pittsburgh, 1970 The subject of atmospheric inversions—and the role they play in air pollution events that threaten public health—has been the focus of much attention recently. Late last month, a prolonged inversion prevented air pollution from dissipating, resulting in local air quality exceeding the federal air quality standard for fine particulate matter six days in a row. During that same period, the region’s air quality exceeded the Pennsylvania state standard for hydrogen sulfide (H2S) eight days in a row. The sustained poor air quality prompted warnings from state and local officials, and calls from GASP and others for the Allegheny County Health Department to establish procedures intended to stem industrial pollution not only during periods of bad weather, but every day through tighter coke oven regulations. Seemingly in response to those calls to action, ACHD officials issued a press release last Thursday, announcing that it would work on plans to combat weather-related pollution events. GASP strongly supports these efforts, but we feel it’s necessary to point out this isn’t the first time we and others have found ourselves advocating for stronger regulations to protect public health after a prolonged period of weather-exacerbated poor air quality. No, GASP was not around during the infamous – and frequently mentioned last week – 1948 Donora smog incident that killed 20 people and sickened thousands more. We were, however, involved in the policy debates following an air pollution episode during November of 1975, to which an Environmental Protection Agency (EPA) study attributed 14 excess fatalities. That episode garnered attention from top EPA officials as well as Congressional Committees, and resulted in the EPA issuing a 90-page report on the incident. After reviewing the timeline, data, and actions by all parties involved carefully, the EPA found that “under the circumstances, the agencies involved in the episode responded to it in an acceptable manner. Nonetheless, problems were encountered.” The report noted that the County’s Bureau of Air Pollution Control (the forerunner of today’s Air Quality Program), “was unable to respond adequately to an episode of this severity because of inadequate or absent source curtailment plans,” which would have provided clear guidance on actions necessary to reduce emissions. The EPA’s report noted one particularly glaring plan missing: “United States Steel is the major air pollution source in the Monongahela Valley, yet there was no approved curtailment plans for portions of its facilities on file with the County for various stages of air pollution episodes.” In a 1976 press release responding to the EPA report, GASP blasted the Bureau on this issue, alleging that it had “surrendered to U.S. Steel pressure.” We wrote: “The (Air Pollution Control) Bureau’s role is not to beg and plead for cut backs during an emergency but rather to implement specific curtailment plans agreed to by the source.” GASP also called on county officials to restructure and tighten the levels at which alerts were issued as well as require industrial facilities like U.S. Steel’s Clairton Coke Works to limit production during severe weather events such as inversions. GASP further stated: “U.S. Steel’s recalcitrance and the Bureau’s inadequacy must not be permitted to persist to the next emergency in Allegheny County. All sources must submit signed curtailment plans and sources which do not comply must be prosecuted.” Our point? GASP is concerned that some recalcitrance and, perhaps, inadequate agency diligence have returned. Even assuming all required curtailment plans exist, the current “Episode Criteria” regulations date to 1995 or earlier and do not even include “Alert Values” for fine particulate matter. After decades of air quality issues in our region, the County must be proactive instead of reactive on the air quality front. “We all deserve clean air and it’s ultimately ACHD’s responsibility to take the regulatory actions necessary to ensure we have it,” GASP Executive Director Rachel Filippini said. “While we look forward to working with the department to establish procedures to help prevent pollution events during inversions and other poor weather conditions, it’s equally imperative ACHD does what it promised and tighten up coke-oven regulations.” She added: “We all know—or should know—that weather is not the issue here. Air pollution is. And the only way we’re going to improve our overall air quality is by ensuring that regulations governing our most pervasive industrial emissions sources are as strong as they can be. Historically, county officials have bent to the will of industry instead of making the necessary demands for curtailment during these weather events. We’d hoped that county officials would learn from their mistakes from more than 40 years ago, but here we are, asking for essentially the same things.” P.S. Read the documents regarding the 1975 incident for yourself: “The Allegheny County Air Pollution Episode, Nov. 16, 1975 – November 20, 1975,” a report issued by EPA “Allegheny County Bureau of Air Pollution Control News Release,” a statement issued by Allegheny County officials critical of the EPA report “Air Pollution Episode,” a report on the November 1975 event issued by the Allegheny County Bureau of Air Pollution Control Letter from U.S. Steel regarding its response to the November 1975 weather episode GASP Press Release GASP letter to the Allegheny County Bureau of Air Pollution regarding its response to the November 1975 weather episode #airpollution #DonoraSmog #USSteel #inversion #inversions #RachelFilippini #AlleghenyCountyHealthDepartment #ACHD #airquality

A federal judge on Tuesday granted class-certification to a group of U.S. Steel investors who filed a class-action lawsuit against the company in 2017 over alleged violations of federal securities laws. In the suit filed in U.S. District of Court for the Western District of Pennsylvania, the investors claimed the company’s top brass misled investors about the company’s financial well-being, which led to declining stock prices. According to the Dec. 31 order from U.S. District Judge Cathy Bissoon, the class includes those who purchased U.S. Steel stock between Jan. 26, 2016 and April 25, 2017—a period of time during which investors claim that the company hid unplanned outages, as well as maintenance and operational issues at their plants. That lack of disclosure, they said, prompted U.S. Steel stock prices to plummet once those issues became public. GASP this past July wrote about the suit, which included statements by current and former U.S. Steel employees—as confidential witnesses—alleging systemic maintenance and operational failures at the company’s plants. Among them was a 40-year veteran of the Clairton Coke Works who alleged U.S. Steel asked employees to “jury rig” failing equipment, operating on a “don’t buy, get by” mentality. GASP staff then looked at U.S. Steel’s air emissions compliance during the time period when investors and confidential witnesses claimed the maintenance and operational failures took place by analyzing Allegheny County Health Department’s 2018 enforcement order, as well as court transcripts from an associated appeal. Our conclusion? Our analysis showed that U.S. Steel struggled to comply with air emissions standards during the same period of time investors claim company leaders were hiding information about deficiencies at their plants. You can read the amended complaint—Vrakas vs. United States Steel Corp.—here. #airpollution #airmonitoring #emissions #ACHD #ClairtonCokeWorks #airquality

UPDATE: At the joint request of lawyers for Erie Coke Corp. and the state Department of Environmental Protection, a Pennsylvania Environmental Hearing Board judge on Thursday approved modifications to the supersedeas the company had been operating under since this past summer. “Counsel have discussed and resolved the Department’s objections to Erie Coke Corp.’s motion (filed earlier this week),” a lawyer for DEP wrote in the joint filing, which was also submitted Thursday. The order vacates all pre-hearing deadlines, as well as a $1 million financial assurance requirement. It also clarifies what aspects of the supersedeas would remain in place pending the final closure of Erie Coke’s bayfront facility. Following a Notice of Withdrawal filed by Erie Coke Corp., Pennsylvania Environmental Hearing Board (EHB) Judge Steven Beckman on Monday approved termination of the company’s appeal of the Department of Environmental Protection (DEP)’s Feb. 4, 2019 administrative order demanding it take action to correct air quality violations believed to be “ongoing and continuous.” Judge Beckman also terminated Erie Coke’s appeal of DEP’s May 2019 Notification to the company that it was being placed on the Department’s Compliance Docket. “In light of Erie Coke’s decision to permanently cease operations, these appeals are now moot,” Erie Coke attorney Paul K. Stockman wrote in the Jan. 6 Notice. Still in place, however, is Judge Beckman’s Aug. 28, 2019, Order granting Erie Coke’s Petition for Supersedeas in the company’s appeal of DEP’s denial of its Title V permit application. That Order allowed the plant to operate pending the outcome of the appeal but imposed 18 conditions Erie Coke had to meet, including coal and coke storage and handling requirements, reduced production, and enhanced compliance targets, among others. In light of Erie Coke winding up its operations, the company this week filed a Motion to Modify the Supersedeas Order, arguing that “(n)otwithstanding the termination of manufacturing operations, the Supersedeas is not wholly moot, because certain operations continue as part of the facility’s closure and should be governed by the Permit that remains in force by virtue of the Supersedeas.” In the Motion, Erie Coke attorneys contended that three conditions governing coal and coke storage, as well as the minimization of fugitive emissions from other materials handling operations, should remain in place but that 11 of the 18 conditions are now either unnecessary or moot. Included in that list was a request that the EHB vacate its $1 million financial assurance requirement in light of the Court of Common Pleas of Erie County ordering in December that the account be frozen. Erie Coke argued, “(a)s a result (of that decision), there is a direct conflict between the Court’s order and the Board’s Supersedeas.” Lawyers for the company also argued that a hearing slated for February is no longer necessary, and requested that it be “stayed in anticipation of the ultimate dismissal of this appeal following the completion of closure activities.” Erie Coke’s Motion to Modify did not address three of the 18 conditions in Judge Beckman’s Supersedeas Order. In response to Erie Coke’s Motion, Judge Beckman ordered that DEP may file a response on or before Thursday, Jan. 9. #ErieCoke #PaulKStockman #JudgeStevenCBeckman #DEP #EnvironmentalHearingBoard #EHB