Pittsburgh Post-Gazette

Bill put forth to hike fines for polluters

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.

- By Don Hopey

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 news release Monday 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, as well as 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 lawmakers 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 is approved, 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. It noted 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.

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.

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