Members of the Allegheny County Board of Health on Wednesday lauded the accomplishments of outgoing department director Dr. Karen Hacker, who they called “a tough act to follow.” Hacker, they said, “engaged the community in ways we’ve never seen before.” ACHD announced in May that Hacker was leaving her role to take a position with the Centers for Disease Control (CDC), where she will serve as the director of the National Center for Chronic Disease Prevention and Health Promotion. During the meeting – her last as director of the Allegheny County Health Department – Hacker introduced her interim successor, Deputy Director of Administration Ron Sugar, who has been with the department for five years. Hacker noted that because Sugar is not a medical doctor, Dr. Kristen Mertz will work alongside him as interim medical director until the director position can be filled. An update was also given on the national search for Hacker’s replacement. A national firm was hired to spearhead the search, and a nine-member committee, co-chaired by Board of Health member Edith Shapira, M.D. and Heinz Endowments President Grant Oliphant, was formed to oversee the process. Semifinalists for the director position are expected to be identified by September, with interviews to take place shortly thereafter. The board hopes to be in a position to hire the successful candidate by November, with the new director coming on board “as soon as possible.” In her final report, Hacker said she hoped ACHD would “continue the momentum,” and noted that the county has long suffered from what she referred to as “legacy pollution.” “We are only now starting to confront that,” she said. “There is so much more to do.” Hacker encouraged the department to “stay on it and keep moving forward” with efforts to clean up air and water pollution reduction efforts. She added that the department was preparing a Climate Change Action Plan, something she described as a “first small step.” “It’s hitting us in the face,” she said of climate change, adding that she feared the county would deal with associated health issues “reactively instead of proactively.” In other business: Air Quality Program Director Jayme Graham told the board that the department would be changing its permit fees/structure for major and minor air pollution sources. Proposed changes to the fee structure are being made to bring it in line with those of the state Department of Environmental Protection (DEP), which are being amended. The board voted to authorize the proposal to amend fee types and names for public comment. The new amounts of those fees will be presented at a future board meeting. “We are bringing in less than what we need to operate,” Graham said. Deputy Director of Environmental Health, Jim Kelly, gave an update on the department’s recent air quality enforcement actions. He noted that Metalico on Neville Island would likely be issued a Notice of Violation letter, which comes in the wake of 55 recent odor and noise complaints. More information on air pollution issues related to Metalico can be accessed here. Kelly also gave an update on ACHD’s settlement agreement with U.S. Steel, which calls for the company to pay a more than $2 million penalty and make upgrades to its pollution control systems, among other things. He noted that the settlement was put out for public comment, and that a public hearing will be held July 30 to solicit input from residents. He said the department is hopeful residents will weigh in specifically on a community fund that will be created as part of the settlement. He said the community fund, and how it will be administered, is “not well defined.” The board approved two Clean Air Fund requests. One was a $90,000 request for tree planting in county parks. The other was a $300,000 request to fund a local pediatric asthma registry. Editor’s Note: Also wanted to pass along this story from the Pittsburgh Tribune-Review: Allegheny County Board of Health Approves $300,000 for Asthma Study, $90K for Trees. #airpollution #RonSugar #JaymeGraham #JimKelley #AlleghenyCountyHealthDepartment #DrKarenHacker #ACHD #airquality

Photo courtesy of HECA Members of the community group Hold Erie Coke Accountable rallied alongside concerned residents Monday morning to support the Pennsylvania Department of Environmental Protection’s aggressive enforcement action against Erie Coke Corp. and to “insist that they not accept a monetary payoff.” The demonstration took place outside the courthouse where lawyers for DEP and Erie Coke sparred last week over the department’s denial of the company’s air pollution operating permit application. Those proceedings continued Monday. It also comes in the wake of news that Erie Coke Corp. made a $3.1 million settlement offer to the DEP—one the department declined to accept. DEP is expected to release today a list of items that would need to be rectified prior to the authorization of any settlement with the coke-making facility. DEP and Erie Coke also appeared before the Environmental Hearing Board last week, where they argued the merits of allowing the company to continue operating while legal issues related to the department’s permit application denial and associated legal issues are hashed out. “Erie Coke has operated for years by paying small and large fines and have never fixed their systems to provide a business that is within regs for the long term,” HECA said in a written statement released Monday. “With the news of a proposal for a ‘settlement’ at Erie Coke, we all have to be alarmed and outraged.” The group said the trust has been lost between the community and the company, which they said, “shreds the idea of truthfulness and ignores the health and harms it has inflicted on the Erie community. Monday is the best day to show our support as the judge may arrive at a decision on the plant operation that day. We must hold Erie Coke accountable!” HECA leaders said while Erie Coke is publicly claiming that DEP’s denial of the operating permit “willfully ignores Erie Coke’s substantial steps toward improving compliance” the company still hasn’t substantiated those claims. The group said that Erie Coke has to date failed to: identify the root cause(s) of the air quality violations including the specific cause of the continuing opacity violations; conduct required formal engineering evaluations of air pollution-emitting equipment prior to submission; provide compliance plans, maintenance, and repair schedules of air pollution emitting equipment; submit inspection/evaluation schedules of pollution emitting equipment in accordance with their existing expired Title V Permit. “The Erie community is fed up with the smokescreen. No one at Erie Coke should be shocked by the DEP’s refusal to issue a new Title V operating permit,” they said. “HECA is concerned about Erie Coke’s publicly stated intention to invest in all the necessary repairs and maintenance to bring this plant into compliance today.” The grassroots group also noted that in Erie Coke’s appeal, the company suggested that the community must wait six months or more for the effects of their compliance initiatives to “bear fruit”—which they said is an unreasonable burden to place on a community that has been waiting for decades to be able to open their windows in the summer. “Well-maintained and properly operated air pollution controls on pollution emitting equipment has the immediate effect of reducing toxic air pollution,” HECA leaders said. “If such controls were actually implemented as they claim, Erie Coke would not have racked up an additional 41 violations since the Feb. 2 Administrative Order. Nor would 123 citizen complaints about Erie Coke’s stench have been filed with the DEP since then. “ As legal proceedings grind on, HECA took issue with arguments presented by Erie Coke attorneys. Members noted that the company completed a cancer assessment risk—not a comprehensive health assessment. Group Against Smog and Pollution Executive Director Rachel Filippini said that coke-making facilities and the pollutants they spew present numerous health risks other than cancer. “The most recent data available from DEP show that Erie Coke is the top emitter of ammonia, benzene, nitrogen oxides, PM 2.5, and sulfur oxides in Erie County,” GASP Executive Director Rachel Filippini said. “These pollutants are associated with myriad health effects including asthma, heart attacks, stroke, and premature death—not just cancer. To suggest otherwise, even by omission, is irresponsible.” HECA also noted that: No information was provided in the cancer assessment report about how exactly data was collected in August and September 2016 by Erie Coke employees, which immediately raises the possibility (or likelihood) of bias in sampling. Model-selected meteorological data (“Erie surface and Buffalo upper air”) used to calculate pollution concentrations beyond the point of measurements could be unreliable. In fact, Erie Coke’s own expert witness admitted under oath that different wind data would have produced different risk assessment results. HECA said the group is awaiting information expected to be released today on what measures must be undertaken by Erie Coke to put—and keep—the company in compliance so that it permits application could be (approved?). Members, however, said, “until Erie Coke agrees to pay for independent soil and groundwater testing and to remediate their contaminated site while in operation, HECA believes (its settlement offer) is an empty gesture to the community.” Editor’s Note: Here’s associated media coverage of the rally and Monday’s hearing news for those following the issue: DEP: ‘Deplorable’ Conditions Led to Erie Coke Action, GoErie.com Erie Coke Hearing Continues, Erie News Now Inspector: June Violation at Erie at Erie Coke Plant “Alarming,” GoErie.com Erie Coke’s Environmental Director Takes Stand in Day Four of Erie Coke Hearing, YourErie.com #benzene #HoldErieCokeAccountable #ErieCokeCorp #airpollution #HECA #RachelFilippini #DEP #EnvironmentalHearingBoard #airquality

Attorneys for Erie Coke Corp. and the Pennsylvania Department of Environmental Protection laid out their arguments for and against allowing the company to continue operating pending the outcome of its Title V permit denial appeal in legal filings this week in advance of its July 10 hearing. The most recent filings stem from Erie Coke Corp.’s July 3 Petition for Supersedeas, which, if granted, would allow the company to continue operating while legal issues related to DEP’s denial of its air quality operating permit – and an associated appeal – are hashed out. In the petition, the company argued that, “Unless supersedeas is granted, the denial will permanently destroy Erie Coke’s primary asset – its two batteries of coke ovens – thereby forcing Erie Coke out of business, causing the permanent loss of 137 living-wage jobs, and the Erie economy’s loss of approximately $5 million in annual payroll.” Erie Coke attorneys also asserted that the company had “already dramatically improved compliance performance since April 2019 – and that being granted supersedeas would allow “Erie Coke’s employees (to be) able to continue implementing and enhancing” compliance measures. The filing noted that the company had retained a new corporate engineering manager, new corporate environmental director, and new facility environmental manager A denial, on the other hand, would result in “immediate and irreparable harm.” Why? Erie Coke Works attorneys wrote: “Erie Coke will lack authorization for emissions from its coke facility and will, therefore, be required to stop the combustion that keeps its coke ovens hot. The resulting cooling will destroy the coke ovens. Because they are constructed of brick that is maintained at approximately 2,0000 degrees Fahrenheit operating temperature, a coke facility that is allowed to cool loses structural integrity – effectively crumbling – and it cannot thereafter be successfully restarted and operated.” On Monday, DEP filed its response, asking the EHB to deny Erie Coke’s petition. Attorneys argued that the company could “preserve the integrity of its primary asset through the use of natural gas as a fuel source while the Environmental Hearing Board addresses the merits of this appeal.” They continued: “Any harm that Erie Coke may suffer as a result of the department’s July 1, 2019 denial of (its) application to renew the permit is Erie Coke’s own making.” DEP counsel said the department notified the company as early as August 2017 and made it clear: Its Title V operating permit would not be renewed without: installation of backup desulfurization treatment and an end to the “continuing opacity violations” Attorneys for the department also took issue with Erie Coke’s self-described compliance improvement. They wrote: “It is denied that Erie Coke is making substantial efforts to comply with the Pennsylvania Air Pollution Control Act and the expired permit. Erie Coke continues to operate in a manner that causes pollution in violation of the terms and conditions of the expired permit…Pollution has been observed off-site and has manifested itself in various areas of the City of Erie and Presque Isle Bay.” Attached to DEP’s response are affidavits from myriad residents who reference: Smoke from the facility Black soot-covered cars, boats, and houses near the facility A metallic burning odors Rotten egg odors “These odors and particles have negatively impacted the public’s use and enjoyment of Presque Isle Bay,” DEP asserted. Attorneys for the department noted that in the second quarter of 2019 alone, DEP’s opacity monitoring documented more than 3,000 minutes of violations at Erie Coke Corp. “The petition and its supporting documentation actually demonstrate that Erie Coke cannot and will not operate in accordance with the terms and conditions of its expired permit, the Air Act, and the regulations during the pendency of any supersedeas,” DEP attorneys wrote. Editor’s Note: Here’s associated media coverage from the hearing: Erie Coke Addresses Violations at Hearing, GoErie.com Erie Coke, DEP Spar Over Health Risks, GoErie.com Erie Coke Proposes $3.1 Million Settlement, GoErie.com No Decision in Erie Coke Injunction Hearing, GoErie.com DEP Turns Down $3.1 Million Settlement by Erie Coke to Fix Facility, Erie News Now New Judge to Hear Arguments on Injunction to Shut Down Erie Coke, Erie News Now #coke #ErieCokeCorp #TitleVPermit #DEP #PetitionforSupersedeas #EnvironmentalHearingBoard #airquality

Erie Coke Corp. and the Department of Environmental Protection (DEP) will appear before Environmental Hearing Board Judge Steven C. Beckman Wednesday afternoon to begin arguments addressing the company’s ability to continue operations. DEP’s July 1 denial of Erie Coke’s air quality permit application had the effect of invalidating the company’s existing air quality permit. Erie Coke appealed that action, but to continue operations at the facility pending the outcome of that appeal the company on July 3 filed an Application for Temporary Supersedeas and Petition for Supersedeas with the state’s Environmental Hearing Board. In the Petition, Erie Coke argued that “[u]nless supersedeas is granted, the Denial will permanently destroy Erie Coke’s primary asset – its two batteries of coke ovens – thereby forcing Erie Coke out of business, causing the permanent loss of 137 living-wage jobs, and the Erie economy’s loss of approximately $5 million in annual payroll.” Beckman granted temporary supersedeas on July 5, but that determination is not final. Erie Coke and the DEP still must present their respective cases as to the merits of allowing the facility to stay open for the duration of Erie Coke’s appeal proceedings. Attorneys for DEP responded to Erie Coke’s Petition in a July 6 brief, which provided its argument for why the EHB should prevent Erie Coke from continuing to operate. The DEP argued, “Erie Coke’s petition for supersedeas demonstrates that pollution will result or be threatened during the period when any supersedeas is in effect because Erie Coke’s operation of the coke oven and the boilers at the facility emit hazardous air pollutants, such as benzene and air pollutants such as Sulfur oxides (SO2) and Volatile Organic Compounds (“VOCs”).” Also before the Environmental Hearing Board is a motion for admission pro hac vice filed by Erie Coke. If granted, the motion would allow another attorney, in this case, C. Max Zygmon, to be admitted to practice in the case despite not being licensed in this jurisdiction—which is a common legal maneuver. In an order filed today, EHB Judge Stephen C. Beckman advised both parties to submit motions on these matters by 1 pm. Tuesday. Editor’s Note: Local news media continues to cover the story. Check out the latest media coverage below. “Erie Coke Plant Allowed to Continue Operations,” KDKA.com “Erie Coke Plant to Keep Operating Pending Ruling on Appeal,” Pittsburgh Tribune-Review “State Appeals Board Grants Erie Coke Short Reprieve,” GoErie.com For those who would like to take a look at the source documents: Appeal and Supersedeas docket Application for Temporary Supersedeas Petition for Supersedeas #CMaxZygmon #TitleVoperatingpermit #ErieCokeCorp #DEP #superseseas #EnvironmentalHearingBoard #airquality

The Allegheny County Health Department announced in an Allegheny Alert Friday afternoon that it will hold a public hearing regarding its settlement agreement with U.S. Steel. The hearing has been slated for 6 p.m. Tuesday, July 30 at the Clairton Municipal Building. According to the announcement, the hearing will operate in the same standard format that the Air Quality Programs holds for permits, rules, and plans. This means that members of the public who wish to speak must sign up to do so 24 hours in advance of the hearing. Planning to speak? You can sign up by calling 412-578-8103 or by emailing aqcomments@alleghenycounty.us. Please note that each commenter will be limited to three minutes. Want to make a comment but are unable to make the meeting? No problem. ACHD noted that members of the public who cannot attend are encouraged to submit a written comment. Submitting a public comment to ACHD is quick and easy – here’s how: http://bit.ly/2LIRPnW Editor’s Note: Need to brush up on the details of the settlement agreement to prep your public comment? Here’s what you need to know. #USSteel #settlementagreement #AlleghenyCountyHealthDepartment #ACHD #airquality

Erie coke from HECA Erie Coke Corp. on Tuesday filed an appeal of the decision by the Department of Environmental Protection (DEP) to deny its application for a renewed Title V operating permit – saying the consequences “cannot be overstated.” In court paperwork filed with the Environmental Hearing Board, Erie Coke’s legal counsel, a Pittsburgh attorney from Kazmarek Mowrey Cloud Laseter, Paul K. Stockman, wrote that denying the application would “effectively cause permanent and irrevocable closure” to the coke facility. The appeal also alleged the DEP “willfully ignor(ed) substantial steps toward improving compliance and its cooperative approach to resolving matters.” The court filing also claims that Erie Coke has worked “steadfastly” to “improve and sustain” its compliance record and that regulators should understand that it’s a “time-consuming task.” Stockman further stated that regulators should understand that “it will take months for the improvements Erie Coke has commenced to bear fruit locally.” The court filing also reiterated the company’s opposition to DEP placing it on the compliance docket, an action that would greatly restrict Erie Coke Corp.’s ability to obtain any new or expanded state permit. The company formally appealed its placement on the compliance docket last month. The DEP announced in a press release on Monday that it was denying the company’s application for a renewed Title V permit, and that it had filed an injunction to have the plant shut down because of what it described as “numerous repetitive environmental violations.” Specifically, the denial letter included a six-page list of violations at the facility dating back to 2015. In a pre-tial hearing order also filed Tuesday, Environmental Hearing Board Chief Judge and Chairman Thomas W. Renwand assigned the matter to Judge Steven C. Beckman. Among other things, the order: Sets a 20-day timeframe for Erie Coke Corp. to amend its appeal Sets a deadline of Dec. 30 for the completion of discovery Sets a deadline of Aug. 21, 2019 for Erie Coke Corp. and DEP to certify that they have conferred about a settlement Sets a Jan. 28, 2020 deadline for both parties to file dispositive motions Offers an alternate schedule, where Erie Coke Corp. and DEP may submit a Joint Proposed Case Order. Such an order would need to be filed within 60 days of the order By way of background: In June alone, the DEP sent the company six notice of violation letters addressing emissions and other issues at its East Avenue facility that stretch back through October of 2018. “GASP isn’t shocked by Tuesday’s appeal, just as Erie Coke Corp. should not be shocked by DEP’s actions,” GASP Executive Director Rachel Filippini said. “We stand behind the DEP and all the residents who have stood up against a corporation that has demonstrated for far too long that it is complacent about compliance.” The appeal can be viewed online here. A pre-trial hearing order also filed July 2 can be viewed online here. Editor’s Note: Here’s some associated media coverage of today’s appeal: “Erie Coke Appeals DEP’s Decision to Deny Operating Permit,” Erie News Now “Erie Coke: Plant Closure Would Cause ‘Irreperable Damage,’” GoErie.com GASP has been working with citizens group Hold Erie Coke Accountable (HECA). You can read more about our work with them here. #HoldErieCokeAccountable #HECA #ErieCokeWorks #emissions #airquality

The Group Against Smog and Pollution (GASP) was proud to join City Councilman Corey O’Connor, City Councilwoman Erika Strassberger and fellow environmental organizations at a press conference Monday announcing a Will of Council that supports the Allegheny Health Department’s (ACHD) efforts to prevent air pollution, specifically at U.S. Steel Edgar Thomson Plan and the Clairton Coke Works. In a press release, O’Connor’s office said the City of Pittsburgh does not have the regulatory authority to force polluters into compliance, so council is “unequivocally voicing its support and placing its trust in the ACHD, the government entity charged with the protection, promotion and preservation of the health and well-being of all residents of Allegheny County.” “The City of Pittsburgh supports the leadership of PennEnvironment, GASP, and the Allegheny Health Department,” said Councilman O’Connor. “We must do all we can to stand up to any entity that jeopardizes the health and well-being of our residents.” “It’s exciting to see Councilman O’Connor and Pittsburgh City Council speaking out on this issue, publicly reinforcing what we know to be true — all Pittsburghers have a right to clean air,” said Ashleigh Deemer, Western Pennsylvania Director for PennEnvironment. “For far too long, U.S. Steel has shirked their responsibility to abide by the Clean Air Act, pouring pollutants linked to asthma, cancer, and cardiovascular disease into our communities. It’s time to prioritize health and a cleaner future for our region.” “Councilman O’Connor’s air quality resolution expresses what so many Pittsburghers have long been demanding,” Rachel Filippini, executive director of GASP said. “We are so appreciative of this city council resolution, this week’s listening session on air quality hosted by Councilwoman Stassburger, and the recent post-agenda discussing the same. This kind of political leadership is crucial, especially given the David vs. Goliath-like local fight for clean air, one that all too often pits residents against a multi-billion dollar company that has repeatedly failed to prove they are capable of – or willing to be – a good neighbor.” The Will of Council was introduced and approved at Monday’s council meeting. #airpollution #ErikaStrassberger #USSteel #WillofCouncil #RachelFilippini #CoreyOConnor #airquality

“For more than a decade, DEP has received persistent complaints from the community and has continuously cited Erie Coke for various environmental violations. DEP has given Erie Coke many opportunities to address violations and comply with state and federal laws. Our staff have participated in stakeholder meetings and have worked with the community, elected officials and the company to address issues and concerns,” said DEP Secretary Patrick McDonnell. “Unfortunately, the frequency and severity of Erie Coke’s violations have only increased during our review of its permit renewal and the operator has offered no tangible causes for its non-compliance nor viable plans to assure future compliance. “After careful consideration of Erie Coke’s history of environmental violations and the company’s lack of intention or ability to comply with state and federal laws, DEP has made the rare decision to not only deny the company’s application to renew its operating permit, but also seek a court injunction to shut down the facility.” Erie Coke has a significant and lengthy history of non-compliance with environmental regulations and has received numerous past enforcement actions, including notices of violations, shut down orders, consent decrees, civil penalty assessments, and unilateral enforcement orders by both DEP and the U.S. Environmental Protection Agency. “DEP does not take this action lightly. DEP understands and appreciates the importance of industrial facilities to local communities. DEP proactively works with operators to achieve and maintain compliance and industrial sites across Pennsylvania demonstrate that economic success and environmental compliance are not mutually exclusive ideas,” McDonnell said. “Ultimately, DEP’s responsibility is to ensure that industrial facilities comply with environmental laws and Erie Coke has a fundamental responsibility by law to comply with those laws to maintain facility operations. Unfortunately, Erie Coke has failed to do so.” The Group Against Smog and Pollution, which this year partnered with the local advocacy group Hold Erie Coke Accountable (HECA), said it’s “regrettable” that the situation has gotten to this point. “We take no joy in the thought of employees losing their jobs but Erie Coke owners and managers have been knowingly exposing local residents to hazardous emissions for far too long. If Erie Coke—or any business—cannot operate lawfully then they should not be allowed to operate. DEP gave Erie Coke many opportunities over the years to clean up its act, which Erie Coke repeatedly declined.  Erie Coke’s lack of interest in compliance with the law left DEP with no other option; we support DEP taking this action to protect the health of Erie residents.” HECA released the following statement Monday: “Hold Erie Coke Accountable (HECA) supports the PA DEP’s decision to end ongoing pollution from Erie Coke, and commends our DEP for the hard work that led to this action. This was the necessary and proper proceeding given the unwillingness of Erie Coke to come into basic compliance. It is disappointing that Erie Coke has so little regard for its employees’ stability, our environment, and the vibrant economic future of Erie. Recent DEP records show that Erie Coke continues to fail to address egregious pollution violations, attempted to change the parameters of their federal Title V Operating permit to less stringent rules, and set a timetable for compliance well into the year 2020. Erie needs clean air now. HECA bears in mind that this situation mirrors the one in 2010, when Erie Coke’s failure to comply likewise forced the DEP to deny the company’s operating permit and issue a shutdown order. That process resulted in a $6 million fine, paid into the PA General Fund by Erie Coke, which brought nine more years of disregard for Erie. Unfortunately, those monies did not fund needed health impact assessments as was the case with even larger fines paid by the same owner’s now shuttered sister plant in Tonawanda, NY. Nevertheless, this is a different moment. The city of Erie has decided to seize the New Economy that values the quality of life necessary to attract and retain talent, where social equity is the defining issue of economic progress. We applaud Mayor Schember, County Executive Dahlkemper, our City and County Councils, and members of our local news media who have helped the Erie community recognize that any corporation flagrantly and knowingly putting our city’s people and future at risk will not be tolerated. HECA hopes our DEP’s action is a significant step toward meeting those goals in alignment with DEP’s declaration that Erie Coke’s ongoing assault on Erie is an environmental justice offense, given the poor and minority communities downwind. But pollution does not discriminate. HECA, despite its limited purview, knows of upwards of 250 complaints to the DEP by citizens throughout the city of Erie in the last year alone regarding Erie Coke’s visible and offensive emissions. Accordingly, HECA has a message for the users of Erie Coke’s product: You are your supply chain. As such, your purchase of this coke directly finances Erie’s plight at the hands of this law-breaking company. HECA simply wants our PA DEP and federal EPA to do everything in their power to ensure that Erie Coke complies with the law so we the people of Erie are protected. Furthermore, the economic burden of remediating the site should rest squarely on Erie Coke regardless of whether they stay in operation or are closed down.” The plant was nearly shut down in 2010 by DEP before a court-ordered settlement was reached. Under a 2010 consent decree with DEP, Erie Coke rebuilt Battery A and made certain repairs to Battery B, but Battery B has been in continuous operation without being rebuilt. Erie coke also paid a fine of $4 million. By way of background, Erie Coke has had violations since the 2010 consent decree terminated. DEP started to identify an increasing number of air quality violations at the facility starting in June 2017. On Feb. 4, 2019, DEP issued an order to Erie Coke requiring Erie Coke to complete an investigation into the cause of recent increases in air quality violations associated with the operation of the pushing emission control system and increased opacity of emissions from the coke oven battery stack. In addition, the order required Erie Coke to submit a plan for the installation of a back-up hydrogen sulfide removal system to prevent the combustion of coke oven gas, which contains excessive quantities of hydrogen sulfide. Nearly two months later, on March 31, 2019 Erie Coke experienced a large release from a wastewater tank on the property. DEP estimates that over 30,000 gallons of wastewater were released from the tank that provides pretreatment of wastewater prior to its conveyance to the City of Erie sewage treatment plant. The wastewater was suspected to contain contaminants from the coking process including benzene, cyanide, naphthalene, ammonia and several other constituents. Erie Coke recovered contaminated water and material from the spill and repaired the wastewater tank but DEP did not allow Erie Coke to continue using the tank. On May 6, DEP placed Erie Coke on the air quality compliance docket for nearly 80 unresolved air quality violations over the past two years. The Pennsylvania Air Pollution Control Act and DEP regulations prevented DEP from renewing Erie Coke’s federal Title V operating permit if the violations were not resolved and until DEP determined that Erie Coke had the intention and ability to comply with the Air Pollution Control Act and the federal Clean Air Act. On June 4, DEP sent a notice of violation with more than a dozen violations based on a May 15 inspection. Because Erie Coke has failed to adequately demonstrate an ability or its intent to comply, DEP issued today’s denial of Erie Coke’s application to renew its Title V Operating Permit. Erie Coke owns and operates the foundry coke production facility, located at the foot of East Avenue between Presque Isle Bay and the Bayfront Highway in the City of Erie. The facility includes 58 coke ovens, a coke oven battery underfiring system, two boilers, a byproduct tar recovery system, and a wastewater treatment system. Thirty-five of the 58 coke ovens in the coke oven battery were put into operation at the facility in 1942 (“Battery B”). Twenty-three of the 58 coke ovens in the coke oven battery were put into operation at the Facility in 1952 (“Battery A”). Editor’s Note: DEP’s denial letter to Erie Coke can be viewed here.  DEP’s notice to defend can be viewed here. Want to take a deep dive into the issue? Check out the associated media coverage: “Pa. Moves to Shut Down Erie Coke Plant, Citing Violations,” Pittsburgh Tribune-Review “Erie Coke Denied Operating Permit; DEP Files for Injunction to Close Plant,” Erie News Now “Pennsylvania DEP Cites Too Many Violations for Denying Erie Coke’s Operation Permit,” Erie News Now “Pa. Regulators Want to Shut Down ‘Nuisance’ Erie Coke Plant,” Law360 “Neighbors React as State Regulators Move to Close Erie Plant,” YourErie.com “State Moves to Shut Down Coke Plant, Citing Violations,” WFMJ.com “Erie Community Weighs in on Possible Erie Coke Shutdown,” Erie News Now “Coke Plant: State Shutdown Move ‘Quite a Shock,'” Associated Press #ErieCoke #HoldErieCokeAccountable #airpollution #TitleV #HECA #DEP #airquality

The Group Against Smog and Pollution and Clean Air Council asked a Court of Common Pleas judge this week to dismiss a bid by Allegheny County that would put the two environmental groups on the hook for increased construction costs associated with delays the government agency said are due to a lawsuit the nonprofits filed seeking to stop it from using Clean Air Funds to pay for new digs for its Air Quality Program. In court paperwork filed Monday, GASP and Clean Air Council responded to a May 13 Allegheny County filing and asked that one provision be dismissed with prejudice: “Defendant is entitled to recover against plaintiffs any damages that it has suffered from the filing…which includes, but not limited to, the increased construction cost of renovation of building 1.” These latest court filings stem from a lawsuit filed against Allegheny County by the two groups, which seek a declaratory judgment to stop the agency from using more than $9 million from the Clean Air Fund and Allegheny County Air Quality Fund for office renovations. They argue that money should be earmarked for air pollution regulation and air quality improvement projects only. “The department does not allege any action by Council and GASP that would trigger a legal obligation by them to pay for any of those alleged costs. The department cannot sue for damages just because it has been sued,” the groups argued in their legal filing. “The only relevant facts that defendant has alleged are that the Council and GASP have commenced litigation against it and that there may be an increase in construction costs resulting from litigation-related damages.” The groups said that Allegheny County failed to cite “legal authority in support of its claim that it is entitled to recover such costs.” Attorneys for Clean Air Council and GASP argued that not only are the environmental groups immune from civil liability under both federal and state statute, but further protected under the First Amendment. Common Pleas Judge Christine Ward on March 29 overruled preliminary objections filed by Allegheny County. More information on that court action can be found here. For more information about the lawsuit, click here. #AlleghenyCountyAirQualityFund #CleanAirCouncil #CleanAirFund

Editor’s Note: The below is from a press release issued by Allegheny County on Friday morning. The Allegheny County Health Department (ACHD) announced that it has reached a draft settlement agreement with U.S. Steel to address the 2018 order and all subsequent penalty appeals for violations from 2018-19. The agreement requires the company meet the improvement criteria of the 2018 enforcement order, but also provides for additional concessions. “This settlement ensures that not only are the requirements of the 2018 order satisfied, but there will be major improvements to the battery operation,” said Dr. Karen Hacker, ACHD director. “While we did not get everything we wanted, this settlement represents significant progress and includes vitally important components related to transparency and community benefit. We take our responsibilities to improve air quality very seriously, and this draft agreement is another step in the ongoing efforts to ensure clean air for all.” The terms of the draft settlement agreement include the following: Repairs to the batteries and battery operations to help reduce fugitive and stack emission Installation of air curtains for Battery B (to improve the capture of fugitive emissions) Battery 15 wall repair to repair leaks Upgraded bag houses for batteries 13, 14, and 15 and 19 and 20 (reduces the emission of particulate matter) Replacement of Battery 15 stack (making it taller for better dispersion) Rebuild of end flues for batteries 1, 2, and 3 Commitments to improve transparency Annual audit by a third-party coke oven and air pollution control performance Expand the deployment of environmental quality improvement program (CITE) including regular reports on achievements; the CITE program emphasizes the importance to environmental performance to the employees of the coking operations Enhanced transparency of operations and maintenance procedures with regular reporting to ACHD Community benefit provisions US Steel will be paying all fines related to the 2018 order amounting to $2,732,504. Of these fines, 90% ($2,459,253) will go into a community benefit trust for impacted communities while the remaining ten percent ($273,250) will go into the clean air fund Development of a community advisory panel of citizens and elected officials from impacted communities These improvements are expected to have a significant impact on emissions from the U.S. Steel Clairton Coke Works. The department will work to calculate specific estimates for future release. Finally, in order to provide U.S. Steel with predictability, ACHD has agreed to (1) stipulate penalties for violations based on the department’s civil penalty policy; (2) clarify ambiguities between regulation and source testing requirements; and, (3) define the procedures for developing new coke oven emission standards. Given the critical nature of the settlement agreement, it is being put out for a 30-day public comment period which will begin on Monday, July 1, 2019. The full draft settlement agreement can be found online at https://www.alleghenycounty.us/Health-Department/Programs/Air-Quality/Public-Comment-Notices.aspx. Instructions for submitting comments are contained in that notice. Here’s associated media coverage from the announcement: “Agreement Between U.S. Steel, Allegheny Health Dept. Reached Following Multiple Fires,” KDKA.com “U.S. Steel, Health Department Have Deal to Settle 2018 Air Pollution Violations at Clairton Coke Works,” WTAE.com “U.S. Steel to Pay $2.7 Million in Fines Over Clairton Violations,” Pittsburgh Tribune-Review “U.S. Steel, Health Department Reach Draft Settlement Over Clairton Coke Works Violations,” Pittsburgh Post-Gazette “Settlement Reached Between U.S. Steel, Health Officials After Repeated Fires,” WPXI.com “U.S. Steel, Allegheny County Have a Draft Agreement on Pollution Violations,” State Impact #airpollution #USSteel #settlementagreement #emissions #AlleghenyCountyHealthDepartment #ACHD #airquality