Allegheny County Council on Tuesday voted unanimously to reappoint several members of the Air Pollution Control Advisory Committee whose terms had expired, although a key vacancy there remains both unacknowledged and unfilled: The one created by GASP’s outgoing leader Rachel Filippini. GASP has been clear: We want to retain our seat at this particular decision-making table and reached out to Allegheny County Chief Executive Rich Fitzgerald in September to respectfully request that our senior staff attorney John Baillie be nominated to replace Filippini on the committee. Despite writing and calling, Fitzgerald has yet to in any way acknowledge our request, which we find unfortunate. “At this point, he’s not only ignoring GASP, he’s ignoring the other 113 local residents who sent him emails asking that he consider John Baillie to fill the vacancy,” GASP Executive Director Patrick Campbell said. To reiterate our request and update Council on steps GASP has taken to remain a part of the committee, we submitted the following public comments Tuesday: Good afternoon. Thank you for the opportunity to comment. My name is Patrick Campbell and I am the new executive director of the Group Against Smog and Pollution (GASP), an environmental watchdog organization that’s been advocating for improved air quality for more than 50 years.As we told you earlier this month, our outgoing leader Rachel Filippini was a member of the Allegheny County Air Advisory Committee and the chair of the Pollution Prevention and Education Subcommittee prior to her exit last month. At your last meeting, I let Council know that GASP is very interested in retaining a seat on the Air Advisory Committee, and that we both wrote and called Allegheny County Executive Rich Fitzgerald to respectfully ask that he nominate GASP’s staff attorney John Baillie to serve in that role. As Ms. Filippini’s former alternate on the Air Advisory Committee and a member of ACHD’s regulation subcommittee, we believe he would be an outstanding replacement. Unfortunately, Mr. Fitzgerald has not yet acknowledged our request in any way. To help punctuate our request, GASP recently asked local residents to join us in asking for Mr. Baillie to be nominated. We think it’s important to note that more than 100 people did just that, sending emails to Mr. Fitzgerald asking that the appointment be made as soon as possible.GASP also sent correspondence to Air Advisory Committee Chair Dan Bricmont, asking him to reach out to Mr. Fitzgerald in his formal capacity to request the vacancy created by Ms. Filippini be filled by Mr. Bailllie.Since Allegheny County Council is poised to approve the reappointment of many committee members tonight, we wanted to update you on our work to remain on the Air Advisory Committee.We know that Council does not have the power to make nominations to county boards but the Home Rule Charter does charge Council will helping to “provide better access to County government.” With that in mind, we are asking members of the appointment committee to consider inquiring about the status of Mr. Baillie’s nomination.If you have any questions related to Mr. Baillie’s qualifications, please contact me at patrick@gasp-pgh.org.Sincerely,Patrick Campbell We’ll keep you posted on when – or whether – we hear back from Fitzgerald, Bricmont, or members of the appointment review committee. If you’d like to let the county executive know that you support John Baillie’s nomination to the Air Pollution Control Advisory Committee, it’s not too late. We’ve got an automated form complete with sample language here. It’s our hope that together, we can ensure GASP has a seat at the table along with these recently reappointed committee members: Chip Babst Sara Marie Baldi Dan Bricmont Jeanne K. Clark Michael Corcoran Steve Hvozdovich Mark Jeffrey Bob Orchowski John Palmiere Their terms expire Dec. 31, 2023. Editor’s Note: You can read more about what the Air Pollution Control Advisory Committee does here and here. #AlleghenyCountyChiefExecutiveRichFitzgerald #AirPollutionControlAdvisoryCommittee #AlleghenyCountyCouncil #AlleghenyCounty #alleghenycountyairquality #RichFitzgerald #airquality

Editor’s Note: This story was updated at 11:05 a.m. on 10/20 to include information on today’s H2S exceedances and again at 11:35 a.m. 10/21 with an updated data chart. Sorry, Mon Valley friends, but you won’t get a reprieve today from the tell-tale rotten egg stench associated with hydrogen sulfide: Concentrations of the stinky air pollutant have been so high at Allegheny County Health Department’s air quality monitors in Liberty and Braddock boroughs that exceedances of the state standard are already guaranteed. Concentrations of hydrogen sulfide also exceeded Pennsylvania’s air quality standard at both the Liberty and Braddock monitors yesterday. That means that there has been 14 such exceedance at the Braddock air quality monitor so far this year and 39 at Liberty. GASP is again imploring the health department to keep residents in the know about these ongoing exceedances, what’s causing them, and what is being done to address them. “These H2S exceedances happen far too often for the health department to continue to stay mum on the matter,” GASP Executive Director Patrick Campbell said. #Libertyairqualitymonitor #H2S #hydrogensulfide #hydrogensulfideexceedance #AlleghenyCountyHealthDepartment #ACHD #airquality

In fact, concentrations of H2S were so high Tuesday that by 8 a.m. it was mathematically impossible for them *not* to exceed Pennsylvania’s air quality standard at the Braddock monitor. It marks the 13th such exceedance at the Braddock air quality monitor so far this year. But those aren’t the only H2S exceedances of concern locally: There have also been 37 days so far in 2021 at the nearby air quality monitor in Liberty Borough where hydrogen sulfide levels exceeded the state standard. For the uninitiated: Hydrogen sulfide is a colorless gas recognizable by its distinct rotten-egg odor – a stench local residents know all too well. GASP has said it before, and we’ll say it again now: Residents deserve an update from the Allegheny County Health Department addressing these ongoing exceedances, what’s causing them, and what is being done to address them. “The hydrogen sulfide issue harms residents’ quality of life – we hear from people all the time lamenting about having to avoid outdoor exercise or close their windows on otherwise beautiful days,” GASP Executive Director Patrick Campbell said. “And that’s not how people should have to live, especially in a place that has been touted as one of America’s most livable cities.” #H2S #BraddockMonitor #H2Sexceedance #hydrogensulfide #LibertyMonitor #AlleghenyCountyHealthDepartment #ACHD #airquality

GASP on Tuesday submitted public comments to Allegheny County Council to make sure members were aware of our recent request to Allegheny County Executive Rich Fitzgerald asking him to nominate John Baillie to fill a vacancy on the Air Advisory Committee created by the resignation of our former executive director Rachel Filippini. Baillie is GASP’s longtime senior staff attorney, a person well-versed in air quality issues – from the regulations to the permits to the data. GASP first reached out to Fitzgerald requesting the appointment a month ago. To date, neither Fitzgerald nor anyone from his office has either acknowledged or responded to the request. Here’s what our new Executive Director Patrick Campbell wrote: Dear Allegheny County Council:Good evening. My name is Patrick Campbell and I am the new executive director of the Group Against Smog and Pollution (GASP), an environmental watchdog organization that’s been advocating for improved air quality for more than 50 years.Our outgoing leader Rachel Filippini was a member of the Allegheny County Air Advisory Committee and the chairperson of the Pollution Prevention and Education Subcommittee prior to her resignation in September. Allegheny County Executive, Rich Fitzgerald, has the opportunity to appoint her replacement, and we are respectfully requesting that GASP senior staff attorney John Baillie be nominated for this role. John previously served as Ms. Filippini’s alternate on the Air Advisory Committee and he is currently a sitting member of ACHD’s regulation subcommittee.John has a deep understanding of air quality issues, from the regulations to the data to the process by which decisions are made, making him extremely qualified for the position.We are requesting that County Executive Fitzgerald nominate him as a member of the Air Advisory Committee as soon as possible.Air quality remains one of the most serious public health issues in Allegheny County. It’s important to ensure that the Air Advisory Committee is populated by knowledgeable, experienced professionals. If you have any questions related to Mr. Baillie’s qualifications, please contact me at patrick@gasp-pgh.org. GASP has also forwarded our request to Allegheny County Councilwoman Bethany Hallam, who heads up the appointment review committee. That committee reviews nominations and makes a recommendation to the board, which votes to approve or deny them. “Air quality is too important, and impacts far too many for the county not to move quickly to appoint a replacement for Ms. Filippini that ensures the air advisory committee is as effective as possible,” Campbell said. “We believe that John Baillie would be a perfect addition to the committee and hope that his appointment will be expeditious.” And now we’re asking for your help to make sure that happens by letting Fitzgerald that you support the nomination of GASP’s John Baillie. To make that as quick and easy as possible, we’ve created sample language and a form that will route your comments directly to the chief executive’s office: Tell Allegheny County Chief Executive Rich Fitzgerald: Appoint GASP's John Baillie to the Air Advisory Committee Join us in asking Allegheny County Chief Executive Rich Fitzgerald to appoint GASP's John Baillie to the Air Advisory Committee Name* First Last Email* Address* Street Address Address Line 2 City AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Air quality is one of Allegheny County’s most pressing public health issues. Because of this, we are asking you to nominate GASP’s senior staff attorney John Baillie to the Air Pollution Control Advisory Committee to replace longtime member Rachel Filippini. Mr. Baillie has worked extensively on air quality issues both in Allegheny County and beyond, and has been a sitting member of the Regulation Subcommittee, making him an ideal choice. Please take action on this appointment as soon as possible. Thank you for your consideration.* Δ #airpollution #AlleghenyCountyAirAdvisoryCommittee #BethanyHallam #JohnBaillie #AlleghenyCounty #alleghenycountyairquality #ChipBabst #RichFitzgerald #airquality

The two rebate opportunities total approximately $17 million in combined funding for schools and bus fleet owners to replace older, highly polluting diesel school buses. Replacing these buses will improve air quality in and around schools and communities, reduce greenhouse gas pollution, and better protect children’s health overall. Since 2012, EPA’s school bus rebates have awarded, or are in the process of awarding, over $55 million to replace more than 2,700 old diesel school buses. “All children, regardless of their zip code, have a right to learn and play in a healthy environment,” EPA Administrator Michael S. Regan said in a press release. “These funding opportunities to replace highly polluting diesel buses will result in healthier air for many of the 25 million American children who rely on school buses to transport them to and from school each day.” 2021 American Rescue Plan Electric School Bus Rebates The first rebate opportunity is the 2021 American Rescue Plan (ARP) Electric School Bus Rebates. This new $7 million pilot program will provide funds to replace old diesel school buses with new, zero-emission electric school buses. The funds are reserved exclusively for school districts in underserved communities, tribal schools, and private fleets serving those schools. This program offers $300,000 per bus for up to four electric school bus replacements and associated charging infrastructure. The list of eligible applicants is available on the 2021 ARP Electric School Bus Rebates website. 2021 Diesel Emissions Reduction Act (DERA) School Bus Rebates The second rebate opportunity is EPA’s latest round of funding for long-standing DERA School Bus Rebates. This year’s program offers approximately $10 million to fund the replacement of old diesel school buses with new electric, diesel, gasoline, propane, or compressed natural gas (CNG) school buses meeting current emission standards. All public school districts and private bus fleets serving those schools are eligible to apply. Available rebates are between $20,000 – $65,000 per bus depending on the type of fuel used in the replacement bus. Applicants can request rebates for up to 10 buses with a maximum rebate amount of $300,000 per application. Both rebate programs will select awardees through a lottery system. Awardees are required to scrap the old diesel buses being replaced to ensure those buses will not continue to pollute. The programs will run concurrently but require separate application forms. “We know from numerous studies that bus emissions are particularly harmful to children because their lungs are not fully mature and are more sensitive to pollution,” GASP Executive Director Patrick Campbell said. “This is a tremendous funding opportunity that we hope local school districts and private bus fleet operators will pursue.” EPA is accepting applications for both programs until 4 p.m. Friday, Nov. 5. Questions about applying may be directed to DERA@epa.gov. To learn more about the rebate programs, applicant eligibility, selection process, and informational webinar dates, visit https://www.epa.gov/dera/rebates #2021DieselEmissionsReductionAct #dirtydiesel #Schoolbusrebates #EPA #dieselemissions #electricschoolbuses

The Allegheny County Health Department (ACHD) on Tuesday issued an enforcement order to Neville Chemical Company for violating numerous provisions of its Title V air quality permit during an overnight incident in early September – fining the company $62,075. According to a news release distributed by ACHD: In the early morning hours of September 2, first responders, including Allegheny County Emergency Services and Ohio Township Police, responded to the Neville Chemical Company following reports of a strong odor. The Health Department also sent enforcement inspectors to investigate the source of the odor.All breakdowns at a permitted facility must be reported to the Health Department within one hour. In this case, the Health Department received the initial breakdown report 33 hours after the incident. Neville Chemical Company reported that one of the bottom valves leaked on a heat polymerization still, allowing raw material to enter a resin kettle and release a hydrocarbon mixture into the air.Per the enforcement order, Neville Chemical Company must submit a corrective action plan to ensure that foreign volatile material does not enter their resin kettles in the future. They have 60 days from the date of the order to submit their plan. The company was also assessed a civil penalty of $62,075.00.Payment of the fine will go to the Allegheny County Clean Air Fund. The penalty is based on the following violations: Exceeding the short-term emissions limit allowed by the Title V permit for Volatile Organic Compounds, Exceeding the short- and long-term emissions limits allowed by the Title V permit for Hazardous Air Pollutants, Work practices standards violations, Failure to submit a breakdown report on time, and Failure to determine valve failure in a timely manner. GASP lauded ACHD for taking this action. “This is the type of swift response residents should come to expect from the Allegheny County Health Department,” GASP Executive Director Patrick Campbell said. “We thank ACHD for holding the company accountable.” But having decisively assessed blame for the incident, one question remains for ACHD: what were the impacts? The Enforcement Order states, “[t]he breakdown resulted in a total of . . . 956 pounds (0.478 tons) of [Hazardous Air Pollutants (HAPs)]” being released over a five-hour period. The Order further states that kettles in Neville Chemical’s No. 2 Packaging Center have a “long-term permit limit of 0.36 tons [of HAPs] per year.” That means this incident caused more hazardous air pollutants to be emitted in five hours from this particular process than normally would be emitted in a full year. “A facility process releasing one year’s worth of hazardous emissions in five hours is a troubling thought, but the significance of such a release is tough to gauge without more details,” GASP Staff Attorney Ned Mulcahy said. He continued: “The entire facility is permitted to emit over 16 tons of HAPs annually and neither the Enforcement Order nor ACHD’s press release listed the specific chemical pollutants emitted. I would like to see ACHD – as the County’s air quality and public health experts – address any potential adverse health impacts to the community that might have resulted from this incident.” Editor’s Note: For those who’d like to take a deeper dive into the issue, you can check out Neville Chemical’s Title V operating permit here: http://bit.ly/NevChemTVOP You can read the technical support document here:  http://bit.ly/NevChemTSD You can check out the Post-Gazette’s reporting on the enforcement action here. #enforcementorder #airpollution #NevilleChemicalCompany #NevilleIsland #AlleghenyCountyHealthDepartment #ACHD #airquality

Photo courtesy of Google Earth. The Seward Generating station in Indiana County is purportedly the world’s largest waste-coal burning power plant, so when its operator recently applied to the Pennsylvania Department of Environmental Protection for a “re-evaluation” of its sulfur dioxide emissions, GASP decided to investigate to ensure such a “re-evaluation” does not result in an increase in permitted emissions. After requesting and obtaining files from DEP relating to the application, we were pleased to find that this won’t be the case. In fact, Seward’s operator is requesting that DEP decrease the plant’s annual emission limits for sulfur dioxide from 13,308 tons per year to either 10,739  or 11,904 tons per year (the application documents that DEP provided to us contain both numbers) while still authorizing the plant to operate 24 hours a day, 365 days a year. The basis for the operator’s request is that there is less sulfur in the waste coal that the plant burns than originally thought; the plant’s actual annual emissions of sulfur dioxide have never approached the existing annual emission limit, which apparently was established when the plant began operating in 2004. Why might a plant operator ask to reduce emission limits? Here’s one possible explanation: “Title IV of the Clean Air Act establishes a ‘cap and trade’ system for sulfur dioxide emissions from electric generating units in which such units receive, and are able to sell, emissions credits for permitted sulfur dioxide emissions,” GASP senior staff attorney John Baillie explained.  “Presumably, if DEP grants the Seward plant’s application, the plant will generate, and be able to sell, its unused sulfur dioxide emission credits to other power plants.” We will continue to monitor this situation and provide updates in this blog as new developments occur. #airpollution #sulfurdioxide #coalfiredpowerplant #JohnBaillie #emissions #SewardGeneratingStation

CreateLab’s SmellPGH app received a smattering of odor reports Saturday from local residents, one of whom said the outside air smelled like “someone mixed rotten eggs with manure and set it on fire.” If you were among those who asked yourself and others, “What. Is. That. STENCH?” or made complaints about an industrial, sulfur-like odor this past weekend, you might be interested to know that Saturday marked the 36th day in 2021 that hydrogen sulfide (H2S) levels exceeded the state air quality standard at the Allegheny County Health Department’s air quality monitor in Liberty Borough. The 24-hour average was 0.008 ppm, exceeding Pennsylvania’s limit of 0.005 ppm. For those keeping track: There have also been 12 such H2S exceedances at ACHD’s air quality monitor in North Braddock. If you haven’t had the pleasure of smelling it: Hydrogen sulfide is a colorless gas that’s recognizable by its rotten-egg odor. It’s a stench our friends in the Mon Valley (and those downwind of it) endure all too often. While U.S. Steel has suggested area sewage treatment plants are the culprit for the Mon Valley’s H2S issues, it’s worth noting that its Clairton Coke Works was the largest emitter of hydrogen sulfide in the state on an annual basis every year 2010-2019. Of course, past results are not a guarantee of future performance, but we are not aware of any reason to doubt this trend has continued up through the present. “These exceedances happen too often and impact residents’ quality of life too much,” GASP Executive Director Patrick Campbell said. “The Allegheny County Health Department cannot continue to stay silent. We are calling on ACHD to better communicate these exceedances – what is causing them and what is being done to fix them – to the public.” Here’s a snapshot of Allegheny County’s H2S exceedances so far this year: #H2S #NorthBraddockmonitor #airpollution #MonValleyAirPollution #hydrogensulfide #USSteel #LibertyMonitor #SmellPGH #AlleghenyCountyHealthDepartment #ACHD #airquality

GASP earlier this month reported on the most high-profile item to appear on the enforcement docket this quarter – an enforcement order against U.S. Steel regarding the release of more than 4 tons of anhydrous ammonia from its Clairton Coke Works facility June 1. But U.S. Steel wasn’t the only company accused of violating local air quality rules. ACHD also initiated enforcement action against: Bristol Metals ACHD on July 30 issued a $25,310 civil penalty against Munhall-based Bristol Metals for failing to submit required breakdown and other reports. Of that fine, $2,310 was assessed because Bristol Metals did not fully cooperate with ACHD. According to the notice of violations, it took the company eight months to bring the piece of broken-down equipment – a flow meter – back online. The NOV indicated that the company had 30 days to pay the fine as well as appeal the order. No further information is available. You can read the entire NOV here. Harsco ACHD on Aug. 5 issued a demand for stipulated penalties to Natrona-based slag processor Harsco, Inc. in the amount of $3,000 for two air quality-related violations of a Jan. 7, 2020 settlement agreement between the department and the company. Dust from Harsco’s slag-handling activities regularly drifts out into the surrounding residential neighborhood, landing on neighbors’ cars and other property – which is what happened on June 18 and June 25, according to the demand. Inspectors discovered dust deposits on cars on those two dates following residential complaints. A $1,500 fine was assessed for each violation. You can read the entire demand for stipulated penalties here. You can read more about Harsco’s settlement agreement with ACHD here. INEOS Composites U.S. ACHD on July 21 issued a notice of violation to Neville Island-based plastics manufacturer INEOS for violations of its operating permit as well as local air pollution control rules. According to the NOV, INEOS failed to report in a timely manner an equipment breakdown. All such breakdowns must be reported to the department within 60 minutes. The company waited 83 minutes to file such a report, ACHD said in the notice. ACHD said the company also failed to report an exceedance of the limit for hydrogen chloride (HCI) on Sept. 1, 2020. The NOV noted that INEOS failed to report this exceedance to the county and the federal Environmental Protection Agency until almost four months later. Operators are required to make such reports within 30 days of the occurrence. ACHD requested the company contact the department to discuss the alleged violations. No further information was immediately available on the ACHD website regarding the NOV, which can be read in its entirety here. Ahan Hospitality, Inc. ACHD on June 28 issued a warning letter to Naren Patel of Ahan Hospitality to inform them that they might be in violation of the state’s Diesel-Powered Motor Vehicle Act. The letter indicated that the department had received several complaints of vehicles idling for longer than 5 minutes an hour, in violation of the act. “ACHD representatives will continue to respond to complaints of excessive idling at the subject location to document compliance with PA ACT 124. Additionally, state and local law enforcement may issue or file a citation for violations of PA ACT 124,” ACHD wrote. “This letter constitutes a formal warning that you and your company may have violated the DieselPowered Motor Vehicle Idling Act by allowing excessive idling of diesel-powered vehicles on your property.” You can read the entire warning letter here. ServeSteel ACHD this past summer issued two notices of violation against Morgan-based ServSteel – one on June 28 regarding the company’s failure to submit required semi-annual reports and the other on July 9 for violations of its installation permit and Allegheny County air pollution rules. According to the July 9 NOV, ServSteel exceeded the limits outlined in its installation permit for: Particulate matter Fine particulate matter (PM10 and PM2.5) Nitrogen oxides Sulfur oxides The company was ordered to set up a meeting with ACHD to discuss the issues. No further information on the status of the NOV was immediately available. You can read the entire NOV here. Recent Asbestos-Related Air Quality Violation in Allegheny County For those who might not be aware: Allegheny County Health Department’s air quality rules require a thorough inspection to determine the presence of asbestos (called a survey) for all renovation and demolition projects and depending on the quantity of asbestos identified, proper notification, specific work practices, and proper disposal of asbestos-containing material are required. The notification requirements for facility demolition and renovation activities are dependent upon the amount of asbestos-containing material (ACM) at the site. A licensed asbestos contractor must remove all ACM identified as described in the permit. Demolition or renovation activities may proceed once ACHD has performed a final clearance inspection. The following businesses were subject to enforcement action for asbestos-related air quality violations: DoubleTree Hotel in Mars Heartland Construction/UHaul in North Versailles Rick Cricsella of Brodhead Road Development for a project off Boggs Avenue in Moon Heddy M. Richard of CSI Construction for a project in Lawrenceville Mona DeHonney and Gray Waste Management Corp. for a project in West Mifflin Daniel Spanovich of Oakdale Development LLC for a project on Penn Avenue Trisda Group for a project on Mt. Washington #noticeofviolation #slag #enforcementorder #airpollution #USSteel #BristolMetals #Harsco #INEOSCompositesUS #AlleghenyCountyHealthDepartment #ACHD #airquality

In a move that should not surprise anybody who’s been paying any attention to U.S. Steel’s history of dragging regulators through the courts, the company earlier this month asked an Allegheny County Health Department hearing officer to put the kibosh on long-sought updates to local coke oven regulations expected to help better protect public health. In a brief filed Sept. 9 and posted to ACHD’s appeals docket Sept. 13, attorneys for U.S. Steel asked ACHD’s hearing officer to determine that the proposed rulemaking regarding coke oven battery emissions does not comply with a high-profile, controversial settlement agreement and order the company and department entered into in 2019 following fallout from the 2018 Clairton Coke Works fire that knocked out air pollution control devices and helped tank local air quality for weeks. In the brief, attorneys for U.S. Steel also asked the hearing officer to order ACHD to stop pursuing the proposed rulemaking further. About That Settlement Agreement The agreement between U.S. Steel and ACHD addresses the department’s 2018 enforcement order and all subsequent penalties issued against the Clairton Coke Works from 2018-19. It requires the company meet the improvement criteria of the 2018 enforcement order, which includes $200 million in plant improvements. Under the terms of the agreement, U.S. Steel agreed to be subject to quarterly stipulated penalties if those improvement criteria are not met. But the agreement calls for more than just improvements: It also requires U.S. Steel to: File annual reports detailing the company’s CITE (Continuous Improvement to the Environment) efforts and achievements. Undertake five annual environmental audits. Establish a Community Benefit Trust where the majority of future fine money will be deposited. Those communities – Clairton, Glassport, Liberty, Lincoln and Port Vue – are able to utilize those funds for projects that improve, protect, or reduce the risk to public health or the environment. You can read more about the settlement agreement here. You can read more about the Community Benefit Trust and how it was spent on our blog. At the end of the day, in exchange for those concessions, U.S. Steel avoided compounded daily fines for air quality violations stemming from the fire and beyond – penalties that could have been astronomical. At the time, both parties said the agreement would prevent arduous, drawn-out court battles over those potential fines. But now, U.S. Steel apparently sees things differently. What You Need to Know About U.S. Steel’s Argument This Time In its brief, U.S. Steel attorneys argue that in exchange for the concessions taken by the company: “ACHD agreed that it would not impose more stringent limits for coke ovens unless it first determines that the limits were technically feasible and based on specific criteria in the (settlement agreement) and the rulemaking is shown to correlate with a measurable reduction in benzene and hydrogen sulfide at the nearby Liberty Monitor.” For its part, ACHD has maintained that it can indeed impose more stringent limits – that, in fact, it is required by law to do just that. What Happens Now? An Aug. 23 case management order shows that ACHD has until Oct. 8 to file a response. U.S. Steel may then file a reply brief by Oct. 22. Hearing Officer Max Slater’s order indicated that further dates related to the matter would be addressed in a future scheduling order. GASP has been following this matter closely and will continue to monitor the situation and report back to you what we find out. “We think it’s worth noting that U.S. Steel mentioned hydrogen sulfide reductions at a time when it is the subject of active enforcement orders related to the pollutant,” GASP Executive Director Rachel Filippini said. “It’s further worth mentioning that so far this year, there have already been 35 H2S exceedances at the Liberty monitor and 12 at the North Braddock monitor – so let’s not pretend that it isn’t a high priority issue that needs to be rectified as soon as possible.” #cokeovenregulations #airpollution #USSteel #LibertyMonitor #AlleghenyCountyHealthDepartment #cokeovenemissions #ACHD #ClairtonCokeWorks #airquality