PITTSBURGH – The U.S. Environmental Protection Agency’s litigation against U.S. Steel for extensive air pollution violations at its facility in Braddock saw the filing of a proposed consent decree the same day, which would see the company pay $1.5 million and remediate conditions at the plant.
The United States of America and the Allegheny County Health Department filed suit in the U.S. District Court for the Western District of Pennsylvania on May 17 versus U.S. Steel Corporation, of Pittsburgh.
“On numerous occasions since at least December 2016, including on Dec. 20, 2016, May 4, 2017, May 5, 2017, June 5, 2017, June 8, 2017, June 13, 2017, July 10, 2017, and July 12, 2017, defendant violated the 20 percent and/or 60 percent opacity limits set forth in the Facility’s Title V Permit and Article XXI Section 2104.01.a at the Facility’s two blast furnaces,” the suit said.
“On numerous occasions since at least Feb. 2, 2016, including on Feb. 2, 2016, March 9, 2016, July 28, 2016, Aug. 26, 2016, Oct. 14, 2016, June 6, 2017, June 20, 2017 and June 22, 2017, defendant violated the 20% and/or 60% opacity limits set forth in the Facility’s Title V Permit and Article XXI Section 2104.01.a at the Basic Oxygen Processes Shop.”
According to the plaintiffs, the main concern is a pollutant called particulate matter, including one called PM 2.5. Particulate matter includes microscopic solids or liquid droplets that are so small that they can be inhaled, and cause serious health problems.
Particles less than 2.5 micrometers in diameter (PM2.5) are a threat to public health, leading to susceptibility to respiratory diseases, including acute respiratory distress, asthma, chronic obstructive pulmonary disease (COPD) and lung cancer.
Although the Pittsburgh area has air quality issues, the ACHD announced in April that for the second consecutive year, Allegheny County met federal air quality standards for PM2.5 at the eight air quality monitors that it operates around the city.
Per the EPA, the one-mile radius around the facility is an area of potential environmental justice concern, exceeding the state average for the percentage of low-income populations and for minority populations.
The same day that the litigation was filed, the U.S. government lodged a proposed consent decree to settle the case.
The consent decree resolves the Clean Air Act violations dating back to 2016 at the steelmaking facility known as Edgar Thomson Works, which occupies about 250 acres and employs about 900 workers.
It requires U.S. Steel to implement significant measures to monitor and control emissions from the Facility and further requires the company to pay a civil penalty of $1,500,000, which will be split evenly between the United States and the Allegheny County Health Department.
Under Department of Justice regulations, the United States is required to publish a notice in the Federal Register that the proposed consent decree has been lodged with the Court, then the notice will solicit public comments for a period of 30 days.
After the 30-day comment period closes, the United States will evaluate any comments received and will ask the Court to take appropriate action regarding the proposed consent decree.
“EPA is committed to protecting air quality in communities by ensuring companies follow the rules to protect public health. Too often we find that residents in closest proximity to contaminated lands are impacted by environmental injustice, suffering cumulative health impacts and economic distress. Settlements like this serve notice to companies that they must follow the law to keep workers and neighbors healthy and safe,” EPA Mid-Atlantic Regional Administrator Adam Ortiz said.
“Everyone has the right to clean air and the Allegheny County Health Department continues to work to ensure that right for all residents. This settlement is another step toward that goal in Braddock and surrounding communities, many of which are designated environmental justice communities. We are pleased that a large portion of the Health Department’s share of the civil penalty will directly benefit Braddock and other Mon Valley communities that experience a disproportionate share of the environmental impact of the pollution this consent decree concerns,” ACHD Director Dr. Debra Bogen, Director of the Allegheny County Health Department, added.
The plaintiff is represented by Devon Ashley Ahearn and Jason Dunn of the U.S. Department of Justice’s Environment & Natural Resources Division, in Washington, D.C.
Defendant Allegheny County Health Department is represented by in-house counsel Jason K. Willis, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00729
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com