A company in chronic violation of its air pollution control permit that was making no effort to fix things would be prevented from expanding or building a new polluting facility under an ordinance approved yesterday by the Allegheny County Board of Health.

But, according to the ordinance, a company in violation of its current permit could receive a new one if it has entered into a compliance plan for fixing those violations.

Industries and labor organizations had opposed the so-called "bad actor" legislation when Allegheny County Council recommended its enactment in August. But U.S. Steel Corp. and the United Steelworkers union fashioned the compromise with Clean Water Action, the environmental group that pushed for the legislation.

The biggest change, said Suzie Brindle, Clean Water Action program organizer, was including a provision that allows companies in violation of their current permits to receive new permits.

"That wasn't in the County Council ordinance or our proposals," Brindle said. "We think it will encourage more companies to get on track to compliance rather than stay in violation."

The compromise will require industries to be in compliance with their existing pollution control permits for a year before applying for new permits and also throughout the period when the new permits are under consideration, except for minor record-keeping violations and acts of nature that cause pollution problems. It also will allow the Allegheny County Health Department to exercise some discretion about the kinds of permit violations that would be grounds for denial of a new permit.

Dr. Bruce Dixon, county Health Department director, said a 30-day public comment period will begin soon and a public hearing will be scheduled. The ordinance will be back before the health board in March for a vote. If approved, it will then be resubmitted to County Council for action.

There are 460 permitted air pollution sources in the county. Since January 2002, the Health Department has issued slightly more than three dozen installation permits for plant improvements, expansions or modifications.

In other action, the health board tabled a proposal to spend $1.1 million from the county's Clean Air Fund on a collaborative project with Carnegie Mellon University to assess the toxic air pollution and human exposure on and around Neville Island. Board members want more details about how the money will be spent.

The board did approve spending $184,500 from the fund to retrofit 75 diesel buses in the Penn Hills School District with equipment that will reduce soot emissions by up to 30 percent. The equipment will be installed this summer.