State Rep. Austin Davis has introduced legislation that would increase fines for industries violating state air pollution rules and require those facilities to create a municipal alert system to warn residents when the air is unhealthy.
Mr. Davis, a Democrat whose district includes Clairton and other Mon Valley communities, said in a Monday news release that the legislation was aimed at increasing the deterrent impact of monetary penalties and is prompted by the massive December fire at U.S. Steel’s Clairton Coke Works, and the June explosion and fire at the Energy Solutions refinery in Philadelphia.
He said the incidents subjected nearby residents to unhealthy levels of air pollutants in violation of established emissions limits, and existing penalties are ineffective in curbing those problems.
“The time to act is now, which is why I’ve introduced legislation that will increase fines and put some teeth into preventing air pollution in the first place,” Mr. Davis said in the release. “It’s my hope that my colleagues will consider this legislation in the House chamber when we return to session.”
House Bill 1752 would increase the maximum fine for air pollution incidents in the state from $25,000 to $37,500, bringing Pennsylvania into line with the federal fine amount and act as a stronger deterrent, Mr. Davis said.
The bill would also require all major sources of pollution emissions in the state to notify municipalities as soon as possible but no later than 12 hours after a breakdown or accident that results in increased pollution emissions. Industrial facilities would need to develop a plan to quickly notify municipalities of possible pollution risks; tell them how community members can mitigate risks from the air pollution incident; and require annual plan updates to ensure municipal contact procedures are up to date.
The Allegheny County Health Department worked with Mr. Davis on the bill, and Allegheny County Executive Rich Fitzgerald said he hopes the legislature passes it quickly when they return to session in September.
“This legislation will give our Health Department additional tools to ensure quick compliance from companies,” Mr. Fitzgerald said in the release. “More importantly, it provides a requirement that companies take responsibility for notifying those who live and work near their facilities so that they are informed about any incident that may impact them or their health."
Jim Kelly, health department deputy director of environmental health, said if the bill passes the legislature, the county would need to amend its regulations to reflect the higher penalty amount and that would require approval by the Board of Health and County Council.
The Clairton fire destroyed the desulfurization system at the nation’s largest coking facility, which continued to operate for 100 days while repairs were made.
During the repair period, according to the health department, there were a total of 10 hourly exceedances of the federal standard for sulfur dioxide emissions, eight recorded by the county monitor in Liberty and two at the North Braddock monitor.
Meghan Cox, a U.S. Steel spokeswoman, issued an email statement saying the company hasn’t had an opportunity to review the proposed legislation but “is committed to running a safe and healthy workplace for all of our stakeholders, including our employees and contractors and their families, and our neighbors who reside in the Mon Valley.”
Supporting that, the statement cited significant improvement in the environmental performance of its mills and coke works in the Mon Valley, and the previously announced investment of more than $1 billion in those plants, including in a state-of-the-art cogeneration facility at the coke works.
Clairton’s 10 coke batteries contain 708 coke ovens and more than 6,300 potential emissions points for coke gas, which contains hydrogen sulfide, sulfur dioxide and volatile organic compounds.
Sulfur dioxide is one of six primary or "criteria" pollutants regulated by the Clean Air Act, and at high concentrations, it can affect breathing and aggravate respiratory and cardiovascular diseases, including asthma, bronchitis and emphysema.
Jacquelyn Bonomo, president and chief executive officer of PennFuture, a statewide environmental advocacy organization, issued a statement supporting the legislation and criticizing the Pittsburgh-based steelmaker for its accidents and continuing pollution problems.
“Local environmental groups and citizens have been holding U.S. Steel accountable for years over ongoing pollution exceedances and accidents at the Clairton Coke Works. Despite that, the health of residents in the Mon Valley continues to suffer as U.S. Steel continues to exceed pollution thresholds.
“It’s encouraging to see action out of Harrisburg that addresses the issue of pollution in the region, but a tremendous amount of work remains until U.S. Steel can be considered a good neighbor in western Pennsylvania,” Ms. Bonomo said. “We applaud Rep. Davis’ legislation — which would significantly increase fines for facilities that exceed pollution thresholds — but we will also continue to advocate for residents in the Mon Valley who will suffer as long as U.S. Steel continues to use coke batteries that date back to the 1950s.”
Each year, the facility produces about 4.3 million tons of coke. Coke is used to produce iron and steel.
Don Hopey: dhopey@post-gazette.com, 412-263-1983, or on Twitter @donhopey
First Published: August 12, 2019, 11:44 p.m.
