The Clean Air Act generated some rare headlines at the very end of March, after the U.S. Environmental Protection Agency (EPA)   announced  the availability of “presidential exemptions” from certain air quality standards. If you missed it, here are some examples: CBS New s:  “ Want to avoid costly environmental regulations?  Just email the EPA .” The New York Times :  “ E.P.A. Offers a Way to Avoid Clean Air Rules:  Send an Email The Guardian  (all the way from London!):  “ Fossil fuel companies get direct email line to Trump for exemption requests .” The Associated Press:   “ EPA offers industrial polluters a way to avoid rules on mercury, arsenic and other toxic chemicals .”; and The Los Angeles Times:   “‘ Inbox from hell’:  Environmental groups outraged after EPA says polluters can email for exemptions .” Coverage of the announcement characterized EPA’s move in dire tones, calling it “a gold-plated, ‘get-out-of-permitting free’ card,” and “an invitation to pollute.” Could the EPA, which writes air quality standards and enforces both them and the Clean Air Act, really allow this?  What is going on?  We decided to take a look.  Here’s what we found… Earlier in March, EPA did in fact say that sources subject to any one of nine National Emission Standards for Hazardous Air Pollutants (called NESHAPs) promulgated in 2024 by the previous administration could, until March 25, request exemptions from the standards while the current administration reconsiders them.  Specifically, the nine NESHAPs apply to sources in these industries: Coal- and oil-fired electric generating units; Synthetic organic chemical manufacturing; Sterilization facilities that use ethylene oxide; Rubber tire manufacturing; Primary copper smelting; Lime manufacturing Taconite ore processing; Integrated iron and steel manufacturing; and (last but not least - especially locally) Coke ovens EPA is offering the exemptions under the authority granted by section 112(i)(4) of the Clean Air Act. Are exemptions like this legal? The EPA has skirted the requirements of the Act many times before, so it’s a question worth considering.  Let’s take a look at Section 112(i)(4) itself: The President may exempt any stationary source from compliance with any standard or limitation under this section for a period of not more than 2 years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so.  An exemption under this paragraph may be extended for 1 or more additional periods, each period not to exceed 2 years.  The President shall report to Congress with respect to each exemption (or extension thereof) made under this paragraph. There are three key limitations in the language of the statute that the news coverage glossed over. .. First , exemptions are available only from a particular standard promulgated under section 112 of the Clean Air Act, which deals specifically with NESHAPs – the president is not empowered to grant general exemptions from Clean Air Act requirements or even exemptions from other categories of emission standards or limitations. Second , exemptions are available only for individual stationary sources, not entire industries.  Third , the president can grant an exemption from a NESHAP only if he determines that “the technology to implement [the] standard is unavailable” AND  that the exemption “is in the national security interests of the United States.” Little bit of background: Section 112(i)(4) was added to the Clean Air Act in 1990. Further, in the rulemaking for one of the nine NESHAPs from which EPA is offering exemptions, then-President Biden’s EPA acknowledged that sources could seek exemptions from the standard under section 112(i)(4).  “The fact that the Act gives the President the power to issue exemptions like those EPA offered in March should never have come as a surprise,” GASP senior staff attorney John Baillie said. The Environmental Defense Fund obtained a list of all of the sources nationwide that have requested presidential exemptions from the nine NESHAPs through a Freedom of Information Act request and shared it with us.  There are 532 such sources, including nine in western Pennsylvania: Cosmed Group  in Erie and American Contract Systems  in Zelienople are requesting exemptions from the NESHAPs for sterilization facilities that use ethylene oxide; The Seward Power Plant  in Indiana County, the Colver Power Project  in Cambria County, Ebensburg Power  in Cambria County, and the Scrubgrass Power Plant  in Venango County are requesting exemptions from the “MATS Rule” for coal- and oil-fired electric generating units; U.S. Steel’s Mon Valley Works is requesting an exemption from the NESHAPs for integrated iron and steel manufacturing; and U.S. Steel’s Clairton Works and Cleveland Cliffs’ Monessen Coke Plant  are requesting exemptions from the NESHAPs for Coke Ovens. Stay tuned, folks. This blog is merely part one. We’ll dig into the requests made by these nine sources more deeply in future blogs and share what our investigations find.

While Pittsburgh has come a long way when it comes to air quality improvements, it still has a  long way to go. Recent research indicates that Pittsburgh has some of the worst air quality in the country. This puts Pittsburgh-area residents at risk for everything from cancer to heart attack, stroke, and various respiratory and  other illnesses . Now more than ever, we need to demand clean air—and hold polluters accountable for their actions, as well as regulators for their inaction on enforcement efforts. At GASP, we have long believed that education is a fundamental part of advocacy. In order to effect change, we need to ensure that we are educating ourselves and our loved ones about the types of air pollution common to our area that pose a threat to our health and environment. Of paramount concern? Criteria Air Pollutants, which are widespread pollutants that pose significant harm to people and the environment. Criteria Air Pollutants are regulated by the  Environmental Protection Agency  (EPA), which sets national standards for them. They include: Carbon Monoxide This type of air pollution is widely known—you likely have a carbon monoxide detector in your home. Carbon monoxide is created through the burning of fuel, traffic emissions, and power plants, and its effects can be deadly. That’s because carbon monoxide reduces the amount of oxygen in your blood that can be transported to organs like the heart, lungs, and brain. Carbon monoxide is odorless, colorless and tasteless. Signs of exposure include weakness, headache, extreme fatigue, confusion, and even lack of consciousness. Ground-Level Ozone Ground-level ozone is a a type of air pollution emitted by cars, power plants, industrial boilers, refineries, chemical plants, and other sources of chemicals that react in the presence of sunlight to form ozone. Exposure to ground-level ozone has been associated with chest pain, coughing, throat irritation, airway inflammation, reduced lung function, as well as the aggravation of respiratory conditions such as asthma, bronchitis, and emphysema. Ground-level ozone has a distinct smell: Some describe it as somewhat metallic, while to others it is a sweet-pungent odor reminiscent of an electrical spark. To others, it has a chemical odor similar to chlorine. Lead Lead is emitted into the air via metals processing, waste incinerating, and the burning of leaded aviation fuel, among other things. Exposure to lead dust in the air can be detrimental to your health, causing negative impacts to your nervous, immune, cardiovascular, and reproductive systems, in addition to reduced kidney function. Lead is odorless. Nitrogen Dioxide Emissions from traffic and power plants cause nitrogen dioxide to be emitted into the air. Nitrogen dioxide can also be caused by the burning of fossil fuels. Exposure to nitrogen dioxide can cause airways to become irritated, and can also aggravate asthma and other respiratory illnesses. Nitrogen dioxide has a sharp, sweet smell. Particulate Matter Particulate matter, or PM, is the term used for a mixture of solid particles and liquid droplets found in the air. This type of air pollution is caused by myriad sources and smells like acrid smoke. Exposure to particulate matter pollution, which can smell like acrid smoke, is associated with a host of health impacts including: Increased risk of heart attack, stroke, and asthma Decreased lung function Premature birth Low birth rate Sulfur Dioxide Of all the air pollutants discussed, sulfur dioxide might be the most distinct in odor. You know the odor emitted when you strike a match? That’s sulfur dioxide. This type of air pollution—which is caused by fossil fuel production, as well as power plant and other industry emissions—is known to irritate airways and aggravate respiratory diseases such as asthma. Protecting Yourself Scary, right? Fortunately, now that you understand what types of air pollution are common in Allegheny County, you can take steps to protect yourself and your family: Check the  Air Quality Index , which provides a forecast of the day’s air quality. Sign up for  Allegheny Alerts , and select what type of notifications you would like to receive. These notifications can be sent via email or text. There is even an option for Allegheny County to call and leave you the information via voicemail. Pre-plan outdoor activities with air quality in mind. On days where air quality is poor, consider staying away from congested roadways and/or staying in during rush hour, when emissions are greatest. Editor’s Note : Now that you understand more about common air pollutants and how to spot them, it’s time to arm yourself with knowledge on how to report them to the powers that be. Find out how to make an air quality complaint here. #lead #CarbonMonoxide #nitrogendioxide #airpollution #sulfurdioxide #AlleghenyCounty #AirQualityIndex #particulatematter #airquality

Recent incidents at U.S Steel’s Clairton Coke Works and Edgar Thomson facilities sparked rage and concern among frontline residents and prompted a pair of public statements from the Allegheny County Health Department (ACHD). The statements provided preliminary details about the incidents - which occurred on Feb. 5 at the Clairton Coke Works and Feb. 23 at the Edgar Thomson facility - and noted that ACHD was investigating. Since then, ACHD has released no further details and no associated enforcement documents have been posted to the department’s online docket. As part of our watchdog work, GASP made public records requests to ACHD seeking all documents associated with the incidents, including emails and voicemails.  Those requests were approved in part and denied in part. That means that there were some documents that were not released because they were exempt from the Right to Know law. Why? Because the requested documents were part of an active non-criminal investigation, contained proprietary business information, or were protected by attorney-client privilege (all kosher reasons). The documents we did receive help provide more information about ACHD’s investigative process and the actions taken by both U.S. Steel and the department following the incidents. “We think it’s important to share these types of documents not only as a way to ensure that industrial facilities and our local air quality regulators are doing their jobs, but also to help residents understand what things like breakdown reports look like and what kind of information they include,” GASP Executive Director Patrick Campbell said. “Most of all we want to help folks understand what should happen after an incident at the Mon Valley Works and what did happen after the most recent incidents.” So, before we get into those documents and what DID happen, we first have to take a look at what SHOULD have happened and why. Title V Permits & What They Require After a Breakdown Industrial facilities like U.S. Steel’s Clairton Coke Works and Edgar Thomson plant are subject to a Title V Operating permit . These permits are hundreds of pages long and address every aspect of the facilities’ operations. This includes details related to what the facility operator must do in the event of an equipment breakdown.  At both Clairton Coke Works and Edgar Thomson, U.S. Steel is required to take certain actions “in the event that any air pollution control equipment, process equipment, or other source of air contaminants breaks down in such manner as to have a substantial likelihood of causing the emission of air contaminants in violation of this permit, or of causing the emission into the open air of potentially toxic or hazardous materials.” Those actions include: Notifying ACHD “immediately” but no later than 60 minutes after the breakdown. Providing written notice to ACHD within seven days after the incident. And those notices - no matter oral or written - need to contain a spate of information including: Identification of the equipment that broke down, including location and permit number The nature and probable cause of the breakdown The expected length of time the equipment is expected to be inoperable and emissions will continue Identification of what specific materials (and their quantities) that are being emitted and a statement concerning their toxic qualities “including its qualities as an irritant, and its potential for causing illness, disability, or mortality” Measures taken or being taken to minimize the length of the breakdown And that additional info requested by ACHD “be submitted as expeditiously as practicable…unless otherwise directed by the department.” The permits also require U.S. Steel to notify ACHD when the condition causing the breakdown is placed back in operation “by no later than 9 a.m. on the next County business day.” We know that’s a LOT of info. So, let’s all take a deep breath and get ready to dive into those incidents and associated documents obtained through the state Right to Know process. About the Feb. 5, 2025 Breakdown at Clairton Coke Works In the early hours of Feb. 5 an explosion occurred at the Clairton Coke Works injuring two workers. Here’s ACHD’s statement :  According to US Steel information provided to the Allegheny County Health Department (ACHD) today, there was an issue with its B Battery at the Clairton plant overnight. They discovered there was a hydraulic failure in a switch of the battery, which led to a buildup of combustible material in the under-fire system, which then ignited.  That caused an audible “boom” that some residents may have heard, as well as 20 seconds of emissions to leak. The battery was not damaged but was put on idle pending further investigations by US Steel.  US Steel also reported to ACHD that two individuals, as a result of the incident, needed first aid treatment for getting material in their eyes and went to the hospital but do not have serious injuries.  While there was an uptick in readings at the Clairton monitor around 4:45 am this morning lasting approximately 75 minutes, the pollution rates rose from 3.5 to 8 µg/m which is well under the EPA 24-hour rate of 35 µg/m. ACHD will continue to monitor results closely. While an initial breakdown report  U.S. Steel submitted to ACHD indicated that the incident in question occurred around 5 a.m., the documentation was received by the department at 10:29 a.m., which appears to have violated the terms of the facility’s Title V permit, missing the reporting deadline by more than four hours. The written report U.S. Steel was required to submit to ACHD within seven business days appears to have been provided on time: It should be noted that, according to the document, the B Battery at Clairton Coke Works was damaged and out of commission through Feb. 17 - 12 days after the original incident. Our documents request also yielded a series of internal emails among ACHD staff regarding PM2.5 concentrations at official monitors and analysis of official data. Those documents can be viewed here , here , and here . It should also be noted that eight documents related to the incident were not released because they could be part of a non-criminal investigation. As of the date of publication, no notices of violations have been posted to the ACHD enforcement docket related to the incident. About the Feb. 23, 2025 Incident at the Edgar Thomson Facility ACHD on Tuesday, Feb. 25 issued a statement about a breakdown at U.S. Steel’s Edgar Thomson facility - one that occurred two days earlier. Here’s one of two statements  the department sent that day: A review of the initial breakdown reports U.S. Steel sent to ACHD appears to show  the company first alerted ACHD via phone call within an hour of the reported incident: This correspondence was followed up with this written report on Monday, Feb. 24: Remember when we said ACHD issued two statements Feb. 25? While the first dealt with the breakdown, the second addressed sulfur dioxide exceedances  that occurred at the North Braddock monitor (the official monitoring station closest to the Edgar Thomson facility). Note: While ACHD’s press release did not directly connect the exceedances to the Feb. 23 breakdown, it did included associated documents in GASP’s records request, which would suggest that they are, indeed, related.  In the exceedance release, ACHD stated it was investigating, and documents provided in GASP’s record request suggests that U.S. Steel was not responsive to requests for additional emissions-related information.  Air Quality Program staff initially reached out to U.S. Steel by phone on and then followed up with this email on the morning of Feb. 25, asking for details to be sent by 10 a.m.: ACHD then sent a second, more strongly worded email  the next day with a hard deadline. It should be noted that Allyson Holt, ACHD’s air quality manager of compliance and enforcement, was CC'd on this correspondence: No responses from U.S. Steel were included in GASP’s public records request, which would suggest that ACHD did not receive a response, or that the response - or responses - were not disclosed because the issue is under non-criminal investigation or is otherwise exempt as explained in ACHD’s final response to GASP’s records request. What Happens Next? GASP continues to follow these enforcement issues closely. Notices of violations related to these and other air quality compliance documents are posted to the ACHD enforcement docket. “Unfortunately, that docket has not been updated since Sept. 11, 2024,” GASP Communications Manager Amanda Gillooly explained. “But we have reached out to ACHD’s spokesman, who confirmed that the Air Quality Program was working to get that resource updated. As soon as I see it online, we will provide yinz with an update.” Stay tuned!