Thursday, October 02, 2003

By Don Hopey, Post-Gazette Staff Writer

Donald Bryan, who has lived for 29 years in Ben Avon, across the Ohio River from industrial Neville Island, called the eight recent cancer deaths in his neighborhood more than a coincidence.

A self-described conservative Republican and opponent of the Kyoto global warming agreement, Bryan, whose wife was one of the cancer victims, told an audience of 80 at an Allegheny County Health Department public hearing yesterday that if present laws can't stem the industrial pollution that regularly blankets his neighborhood, the so-called "bad actor" ordinance under review by the Board of Health is worth a try.

"Let's use the 'bad actor' provision to keep industry from expanding those practices," said Bryan, one of 18 speakers at the hearing.

The ordinance, passed unanimously as a recommendation by County Council in August, would prevent companies that have violated their county air pollution permit in the previous year from obtaining another permit for a new or expanded facility.

The hearing testimony will be used by the Board of Health in determining whether to approve the ordinance and enact enabling regulations. The board rejected the first recommendation by council to enact such an ordinance in May because it deemed the ordinance rigid and unnecessary.

In addition to Bryan's cancer cluster, speakers for and against the ordinance used asthmatic children, fleeing industries and the potential for disappearing jobs in their attempts to influence the board.

"We want an environmentally safe place to raise our families, but this ordinance threatens the industry's ability to operate," said Andy Miklos, president of the 1,300-member U.S. Steel Workers Association, one of five steel industry or union leaders who spoke against the ordinance.

Zygmunt Osiecki, representing Neville Chemical Co., said the ordinance "would prevent or deter the environmental improvements everyone is looking for."

"I strongly support the intent of the 'bad actor' provision. Unfortunately this ordinance defines a bad actor so broadly that that name could apply to virtually every facility regulated in the county," said Jack Shea, president of the Allegheny County Labor Council, which has 173 union locals as members.

Myron Arnowitt, regional director of Clean Water Action, the environmental group that has pushed for the legislation, said the ordinance would apply only to chronic violators and wouldn't penalize industries for updating equipment or accidental violations caused by power outages, as some industry and business representatives testified.

"We're not trying to get people for minor violations or accidents," he said. "And any equipment replacement or technology upgrades would not be affected unless the company proposes to increase its emissions. Since new technology should greatly reduce emissions, we don't see how the bill can stand in the way of better ways of doing things."

There are 460 permitted air pollution sources in the county, but since January 2002, the Health Department has issued only 37 installation permits for plant improvements, expansions or modifications.

Only two of the companies issued permits -- Shenango, a coke maker on Neville Island, and American Bridge in Coraopolis -- might have been denied those permits under terms of the proposed ordinance, according to Guillermo Cole, a Health Department spokesman.

"And Shenango may not have been denied because its proposal for a new equipment installation permit would have reduced emissions," Cole said.

In the first half of this year, the Health Department has cited 21 companies for air permit violations, including big companies like U.S. Steel's Clairton Coke Works, Neville Chemical Co. and Shenango, and smaller firms like Atlantic Bakery.

"I don't think anyone disagrees that chronic violators should not be allowed to expand their operations or start new operations," said Dr. Bruce Dixon, county Health Department director. "What we need to do now is define what will trigger denial of a permit."

The board also was soliciting comments on a County Council-approved ordinance that would limit the time diesel-powered vehicles, including school buses, could idle. Only one speaker, Anne Schifferle, secretary of the League of Women Voters of Greater Pittsburgh, spoke on that issue, urging its adoption.

Cole said the board will review a recently completed survey of school district bus idling at its next meeting Nov. 5.

Cole said the board also will discuss the "bad actor" ordinance at that meeting and could decide whether to implement it.

Public comments on both ordinances will be accepted until Oct. 14. Written comments should be mailed to the Allegheny County Board of Health, 3333 Forbes Ave., Pittsburgh 15213; or e-mailed to boh@achd.net; or faxed to 412-578-8325.

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