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Cleaner air gets Allegheny County support Bill would deny violators permits Monday, June 25, 2001 By Jeffrey Cohan, Post-Gazette Staff Writer
An environmental group has attracted bipartisan support for proposals that would raise Allegheny County's air-pollution standards. Two Democrats and two Republicans on the 15-member County Council have agreed to co-sponsor a three-pronged ordinance drafted by Clean Water Action, an organization that devotes much of its energy to fighting air pollution.
The ordinance, among other things, includes a "bad actor" provision that would prevent companies from expanding or building plants if they have violated the terms of their air-pollution permit within the preceding 12 months.
Under current law, the county Health Department can refuse to issue a new air-pollution permit on the basis of past violations. But the county has discretion to grant new permits in such cases.
"I share the view that the Health Department is too lax in enforcing air-quality laws," said Councilman Ron Francis, R-Ben Avon, one of the co-sponsors.
The "bad actor" provision would only affect a handful of companies. Of the 473 facilities that have county air-pollution permits, only 11 have been cited for violations in the previous 12 months, according to Health Department spokesman Guillermo Cole.
Besides Francis, Councilmen Mike Crossey, D-Mt. Lebanon, Rich Fitzgerald, D-Squirrel Hill, and Dave Fawcett, R-Oakmont, are also sponsoring the ordinance, which has yet to be formally introduced.
Dr. Bruce Dixon, the county's health director, contends that only the federal government has authority to adopt the regulations that Clean Water Action is proposing.
County lawyers are reviewing whether the county can impose the air-pollution standards in the proposed ordinance without usurping the federal government's powers.
In addition to the "bad actor" provision, the ordinance would require the Health Department to consider the cumulative impact of nearby air-pollution sources when deciding whether to issue or deny a permit.
That was an issue earlier this year when the Health Department granted a permit to Schaffner Manufacturing, which makes industrial buffing wheels at a plant in Emsworth.
Clean Water Action has appealed the permit approval, charging that the department failed to consider the cumulative impact of air pollution from nearby Neville Island.
The proposed ordinance would also force the department to conduct a "pollution prevention analysis" as part of permit-application reviews. Such an analysis would entail investigating whether a company can use less-hazardous materials, change its manufacturing processes or make some other adjustment to reduce the amount of pollution produced.
Dixon said the companies seeking permits should conduct and pay for the analysis, not the Health Department.
"I'm not sure that's the best use of our resources," he said.
Myron Arnowitt, Pittsburgh director of Clean Water Action, said his group tried to write an ordinance that will win council approval.
"It's not too Draconian," Arnowitt said. "We're trying to use common sense."
But even if lawyers decide the county has authority to adopt such an ordinance, there are questions about whether the council can vote on it without taking it to the Board of Health first.
Under state law, that board writes health-related regulations and sends them to the council for final approval.
Fitzgerald, one of the co-sponsors, said he has no intention of doing an end run around the Board of Health.
"It's something we want to work with the health board on," the councilman said.
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