County Chief Executive Dan Onorato's got a dilemma. The Allegheny County Board of Health wants him to spend money from the Clean Air Fund for economic development, but the county Air Pollution Control Advisory Committee doesn't.
We say he shouldn't.
The health board has proposed an improper use that violates the spirit, and possibly the letter, of regulations governing the fund.
County Manager James Flynn, a member of the health board, proposed taking $1.3 million from the Clean Air Fund to help cover the cost of demolishing 15 stoves last used in iron making 20 years ago at U.S. Steel's defunct Duquesne Works. The work would complete the final phase of redeveloping the 225-acre former mill site.
The Clean Air Fund is the repository of fines that the county Health Department has charged polluters, and county regulations say it's to be used for projects such as health surveys and development of pollution-control technologies. The largest previous grant from the fund was $1.1 million for a study of toxic air pollution at Neville Island, Downtown and South Fayette.
Since the regulations also say that fund expenditures are "not limited to" the specific kinds of public health projects listed, Mr. Flynn believes the money can be used to raze the remnants of a mill.
The rules do specify, however, that the money can't be given to a polluter. It wouldn't, after all, make sense for the county to fine a polluter $1 million then give the money back to the polluter to pay for control devices.
Mr. Flynn contends the stoves to be demolished with the Clean Air money aren't polluters, but former polluters. Members of the Clean Air Advisory Committee and anti-pollution groups such as GASP say Mr. Flynn is blowing smoke.
The stoves are filled with asbestos, so they are potential pollution sources when being demolished. In fact, because of the asbestos, the company hired to take them down will need a pollution permit from the health department before beginning work. That permit disqualifies the company from getting Clean Air funds, say opponents to this use of the money.
The opponents may ask a judge to decide whether tapping the Clean Air Fund for economic development, even for a worthwhile project like this one, violates the intent of the regulations. Such an appeal could delay this key brownfield recovery, and that would be unfortunate, especially when the county could seek other funds for the redevelopment.
It will be tough for Mr. Onorato to cross his own county manager. But he should do it to preserve use of the Clean Air Fund for public health projects and to keep redevelopment of the Duquesne Works on track and out of court.