September 9, 2024
PHILADELPHIA, PA On Friday, after three years of requests and two years of litigation, the Federal District Court for the Eastern District of Pennsylvania ordered the National Park Service (NPS) to disclose to Clean Air Council key documents relating to the proposed federal investment in fossil fuel-fired heating equipment for buildings at Independence National Historical Park. The Council brought the lawsuit in 2022 to compel the federal government to produce documents in response to its Freedom of Information Act (FOIA) request.
This effort has been part of the longstanding campaign of the Council and partners to get Philadelphia Gas Works (PGW) to halt its drive to build more long-term methane gas infrastructure during the climate crisis. A diversification study was conducted in December 2021 presenting PGW with multiple options to convert Philadelphia to renewable energy.
NPS has 45 days to turn over to the Council feasibility studies and associated documents that claim gas-fired boilers are the best solution available to reduce carbon emissions. If NPS says it can’t separate out those materials from confidential or proprietary information, it will give them to the Court to review and then decide what to disclose.
“The power of sunshine laws, like the FOIA, allow us, the People, to make sure our government sincerely and correctly upholds laws that exist to protect the environment and public health,” said Lauren Otero, Clean Air Council staff attorney. “Federal decisions to lock itself into fossil fuel infrastructure for decades to come contradicts the Biden administration’s mandate to preserve a stable climate and undercuts our overdue need to reduce carbon emissions.”
“Given the climate crisis, new fossil-fuel heating is wrong for the City and wrong for the planet,” said Elaine Fultz, a member of Citizens’ Climate Lobby’s Philadelphia Chapter. “It would exacerbate global warming, worsen air quality in the Old City neighborhoods, and undercut both City and Federal targets for reducing carbon emissions. Philadelphia Gas Works must transition to the distribution of clean energy, and Philadelphia’s National Historical Park should be a leader, not a laggard, in the green transition.”
For a copy of the opinion, click here
For a copy of the order, click here.
U.S. Steel has permanently shut down Battery 15 and applied for tighter limits on pollution linked to asthma
PITTSBURGH (June 4, 2024) – U.S. Steel has permanently shut down coke Battery 15, one of the oldest and most-polluting parts of the Clairton Coke Works, and has formally applied to the Allegheny County Health Department to remove the battery from its Clean Air Act permits. The closure of Battery 15, which had previously been temporarily idled, will permanently ratchet down emissions of harmful emissions such as sulfur compounds (linked to asthma and respiratory problems), benzene (linked to cancer), and fine particulates (linked to cardiovascular and other health problems). At the time of its closure, Battery 15 contained more than 10% of the remaining coke ovens at Clairton Works. The closure was confirmed in a filing with the Allegheny County Health Department on May 30, 2024.
That filing also includes an application by U.S. Steel to tighten the limit on emissions of hydrogen sulfide (a respiratory irritant), reducing the allowable limit nearly 30% from 35 to 25 grains per cubic foot of gas facility-wide.
Both of these changes were required under the terms of the historic settlement of federal Clean Air Act litigation by PennEnvironment, the Clean Air Council and Allegheny County. The lawsuit was filed in response to thousands of violations of air pollution limits after the massive fire at U.S. Steel’s Clairton Coke Works on Christmas Eve, 2018.
Zachary Barber, the Clean Air Advocate with PennEnvironment, issued the following statement:
“Pittsburghers can breathe a little easier with the news that Allegheny County’s most-toxic polluter, the Clairton Coke Works, has permanently reduced its emissions of harmful air pollutants. Tightening pollution limits for hydrogen sulfide gas and requiring the permanent closure of one of the dirtiest parts of the Clairton Coke Works will pay public health dividends to local residents for years to come.”
Alex Bomstein, the Executive Director of Clean Air Council, issued the following statement:
“When we sued U.S. Steel, our number one priority was protecting the health of residents in the Mon Valley. The closure of Battery 15 was one of the most important steps toward that goal that we achieved in our historic legal victory over U.S. Steel. While nothing can undo the damage caused by U.S. Steel’s previous emissions, these reductions will reduce future harm and move the region toward the cleaner, more wholesome air it deserves.”
The Texas-based corporation Encina announced on April 18, 2024 that it was withdrawing its plan to develop a toxic plastics chemical recycling plant along the banks of the Susquehanna River in Point Township, Northumberland County.
The facility would have been the largest of its kind in the United States and intended to use extreme heat pyrolysis and refining processes to turn post-consumer plastic waste into benzene, a known carcinogen, xylene, and toluene. These chemicals were then to be shipped by rail, raising major air quality and safety concerns. The facility, proposed to be built in a floodplain along the West branch of the Susquehanna River, would have withdrawn 2.9 million gallons of water from the river per day, raising huge concerns about PFAS, microplastics, and other sources of contamination to a vital source of drinking water.
Encina’s permitting process was plagued with denials and deficiency letters. In March 2023, the Point Township Zoning Board unanimously rejected Encina’s application for a variance to build the facility above the height allowed for the site. In October 2023, Encina withdrew its application for a National Pollutant Discharge Elimination System (NPDES) permit after receiving a second technical deficiency letter. Community opposition culminated on April 2, 2024, when Northumberland Borough Council, which is the neighboring municipality, unanimously passed a resolution opposing the Encina facility.
Community opposition arose immediately after the facility was first announced in 2022. Residents came together to form the group, Save Our Susquehanna (SOS). Community members met with their local officials, attended municipal and county council meetings, canvassed their neighbors, and wrote letters to the editor to the local newspaper. The Council worked with SOS members to review permit applications and flag deficiencies for regulatory departments.
In a tremendous display of community power, Northumberland County residents have shown that the chemical recycling and plastics industries are not welcome in Pennsylvania. However, the fight isn’t over. Encina has been defeated, but it was part of a rapid expansion of pyrolysis and “advanced recycling” facilities that are part of a larger industry-led greenwashing effort to rebrand plastic as sustainable. This is unproven technology: many existing facilities are not economically viable and have been plagued by environmental and safety disasters. Yet we know the industry will keep trying to bring these false solutions to our communities. The Council will continue working with the community group Save our Susquehanna to monitor potential developments and to envision alternatives for a truly sustainable future.
WYALUSING, Pa. — Late Friday, in response to data requests from the Federal Energy Regulatory Commission (FERC), Delaware River Partners and Bradford County Real Estate Partners confirmed that they do not intend to cancel their Wyalusing liquefaction facility and Gibbstown export facility, despite the U.S. Department of Transportation decision last September to suspend authorization to transport LNG by rail car. The Wyalusing and Gibbstown facilities are part of a logistically and financially connected LNG export project contemplated by New Fortress Energy.
If constructed, the Fortress LNG export project will transport explosive LNG by truck, including through the densely-populated, environmental justice communities in eastern Pennsylvania and western New Jersey between Wyalusing, PA and Gibbstown, NJ for export overseas. The Wyalusing liquefaction facility will emit more than a million tons of climate-polluting greenhouse gases and hundreds of tons of toxic air pollutants each year.
The Sierra Club, Clean Air Council, and PennFuture successfully sued to halt construction on the Wyalusing facility in March 2022. Later that year, the Sierra Club and Natural Resources Defense Council filed a petition for a declaratory order urging FERC to exercise oversight over the Fortress LNG export project.
In response, the Sierra Club, Clean Air Council, and PennFuture issued the following statements:
“By continuing to pursue this dangerous LNG export project, Delaware River Partners, Bradford County Real Estate Partners, and New Fortress Energy are putting the lives of millions of Pennsylvanians and New Jerseyans at risk,” said Patrick Grenter, Sierra Club Beyond Dirty Fuels Campaign director. “The last thing we need is even more dangerous methane gas extracted from Pennsylvania, shipped through our communities by truck, and exported overseas — all while residents face worsening illnesses, higher healthcare costs, and increased energy bills caused by gas exports. This decision is unnecessary and reckless, and the Sierra Club is prepared to continue fighting this project until it is officially canceled.”
“The proposed scheme to make liquified natural gas in Northern Pennsylvania, ship it through our communities for hundreds of miles, and then export it to overseas markets from a facility on the shore of the Delaware River is absurd at best and deadly at worst,” adds Abigail M. Jones, Vice President of Legal and Policy at PennFuture. “Despite continued losses that prove just how unworkable this scheme is, these companies are now doubling down on a plan to deliver highly explosive LNG through some of Pennsylvania’s most vulnerable communities via trucks. Pennsylvanians will not benefit from this plan. We do not need more fossil fuel development; we need to focus our economic development priorities on the future: clean, renewable energy and green, sustainable industries.”
“The Wyalusing and Gibbstown LNG facilities promise to lock us into dirty air and millions of tons of climate-heating pollution for decades while raising energy prices at home,” said Alex Bomstein, Clean Air Council Executive Director. “This ill-conceived proposal has no place in our Pennsylvania and New Jersey communities. We will never stop fighting these dirty and dangerous LNG facilities.”
PENNSYLVANIA (April 22, 2024) – Last week, the federal government finalized a significant rule that increases minimum bonding amounts from $10,000 to $150,000 per oil and gas lease on federal land. Well bond amounts are the money that drilling companies have to put aside for eventual cleanup and plugging before being allowed to drill a new well. However, when bond amounts are less than the actual cost of plugging, taxpayers are left responsible for cleanup costs when companies go out of business and abandon their well. With over 130,000 documented orphaned wells in the United States polluting the environment and harming community health—and new wells being drilled every day without adequate bonding—this increase was long overdue.
“In raising federal lease bond amounts to reflect actual cleanup costs, the federal government is taking an important step to protect both taxpayers and the environment,” said Alex Bomstein, Executive Director of the Clean Air Council. “But while the rest of the country moves forward, Pennsylvania has regressed. In 2022, the Pennsylvania legislature passed Act 96, which capped the bond amount for conventional wells at a pittance of $2,500 per well, far below the actual cost. To protect Pennsylvanians, the Council and our partners are pursuing a joint lawsuit asking the court to rule Act 96 unconstitutional under the Environmental Rights Amendment. The federal government’s decision this month underscores how Pennsylvania’s well bonding system is broken and sacrifices community health and taxpayer dollars.”
“In updating its bonding amount, BLM is acknowledging that the current amount established more than 60 years ago was insufficient to cover the costs of cleaning up abandoned wells. This will save taxpayers from the burden of reclaiming wells after oil and gas companies neglect to clean up their polluting mess. This change reflects the reality of how expensive it is to protect people’s health and the environment from abandoned wells. We’re just asking Pennsylvania leaders to reach the same commonsense conclusions,” said Kelsey Krepps, Senior Field Organizer at Sierra Club.
WASHINGTON (April 10, 2024) –Yesterday, a D.C. Circuit panel unanimously dismissed and rejected challenges to the U.S. Environmental Protection Agency’s (EPA) decision to reinstate its waiver to California’s Advanced Clean Car Program.
“Emissions from the transportation sector need to be eliminated to achieve our climate and public health goals. We commend the decision, which upholds California’s ability, under the Clean Air Act, to reduce emissions and protect public health and the climate through its Advanced Clean Car Program,” said Veronica Saltzman, an attorney at Clean Air Task Force (CATF). “California has been a longstanding leader in climate action, setting the gold standard for emissions and air pollution regulations. Its leadership has prompted action from many other states and the auto industry itself. Manufacturers continue to make investments in zero-emissions vehicles and have been for quite some time. The chorus of support for stronger regulations to tackle transportation emissions is loud, and the court’s decision will have immense public health and climate benefits in California and across the country.”
CATF represented the Clean Air Council and the National Parks Conservation Association (NPCA) in the case.
“Clean Air Council is thrilled the D.C. Circuit Court dismissed petitioners’ claim that California’s higher vehicle emission standards would harm their businesses or states,” said Alex Bomstein, Executive Director of Clean Air Council. “It is a major win that the court ruled that any injury from California’s emissions’ standards was too far-fetched. Now, more than ever, states must be able to take actions, like enacting stronger emissions standards, to protect health and the climate.”
“We are thrilled the court upheld California and other states’ ability to clean up vehicle pollution affecting national parks and the communities which rely on them,” said Ulla Reeves, Interim Director of NPCA’s Clean Air Program. “NPCA found in our 2024 Polluted Parks report that air pollution harms 97% of national parks at concerning levels, with the most polluted located in California. This decision is one major step toward cleaner air and a livable climate for the public, as well as the culturally and historically significant places we cherish.”
The Advanced Clean Car Program (ACC), which was granted its initial waiver from EPA in 2013, (1) sets emissions requirements for new cars to reduce CO2 emissions and (2) requires increasing percentages of manufacturers’ fleets to be zero-emissions vehicles, for model years 2017-2025. In 2019, the Trump administration withdrew the waiver, which was then reinstated in 2022 by the Biden administration. Two groups – (1) entities that produce and sell liquid fuels and their raw materials and (2) seventeen states – challenged EPA’s decision to reinstate the waiver. The court’s decision allows the waiver – and the ACC – to stay in place.
Why work to reduce methane pollution?
Climate change doesn’t happen overnight, and neither will its solution. However, reducing methane emissions is one of the fastest and most effective ways of curbing climate warming in the short term. There are two reasons for this. First, methane is an extremely potent greenhouse gas. Second, methane does not last as long in the atmosphere as other pollutants such as carbon dioxide. This makes reducing methane emissions immediately a great way of tackling near-term climate warming.
The Methane Regulations
There are a number of federal initiatives aimed to reduce methane emissions from the largest industrial source: the oil and gas industry. Last December, the U.S. Environmental Protection Agency (EPA) finalized methane pollution standards for new and existing oil and gas facilities, which include gas wells, compressor stations, and storage tanks. This rule is a landmark step in reducing methane emissions from oil and gas operations of all sizes and will help protect public health and create jobs across the country.
Notably, this methane rule will set appropriate emissions monitoring requirements for wells regardless of size and require monitoring until a well is plugged. More operators will also be required to replace process controllers, used to regulate processes within gas equipment, with zero-emitting alternatives. Furthermore, the rule establishes the Super Emitter Program, which will require the EPA, third party monitoring companies, and operators to work together in identifying and fixing large emission events.
The Inflation Reduction Act (IRA) of 2022 also created the Methane Emissions Reduction Program (MERP), which aims to reduce methane emissions from the oil and gas sector. MERP establishes a Waste Emissions Charge (WEC) and revises greenhouse gas reporting requirements for the oil and gas sector, ensuring reported emissions are based on measured estimates. The WEC is a way of holding the largest polluters accountable for their pollution by levying a fee for excessive methane emissions. The WEC aims to work in tandem with the broader methane regulations; for example, operators that comply with methane regulations once they come into effect may be exempt from WEC fees.
Clean Air Council’s Involvement
Air pollution from the oil and gas industry affects everyone, especially frontline community members who are exposed to higher amounts of environment- and health-harming pollutants emitted by oil and gas infrastructure. The Council has worked with our members to prepare for public engagement opportunities. The EPA methane rule, for example, is the result of years of advocacy from the Council, our members, and our partners.
The methane rule, WEC, and the greenhouse gas reporting revision all involved a public engagement process that included a public hearing and comment period, among other opportunities. Clean Air Council supported member advocacy efforts by hosting educational webinars with partners and providing sample talking points and comments so members felt empowered to participate in the public engagement process. Most recently, the Council hosted a webinar on the WEC and supplied related comment materials.
The Council has also engaged directly with elected officials to ensure they are knowledgeable about the rules and know what their constituents want. In March of 2024, staff traveled to Washington, D.C. to meet with Pennsylvania Senators Casey and Fetterman’s offices to discuss the benefits of the methane rule.
Work to ensure methane regulations are strong and protective does not end once a rule is finalized by the EPA. The EPA’s methane rule now enters the phase where each state determines how it will implement the rule via a State Implementation Plan (SIP), which the Pennsylvania Department of Environmental Protection (DEP) will need to draft and submit to the EPA. This is another opportunity for Pennsylvanians to speak up and ensure that the SIP is strong in protecting public health and the environment, as well as effective in rapidly reducing emissions.
Get involved
Even though some rules are finalized and various comment periods have closed, legislators still need to hear support for these policies from the people they represent. Members are always encouraged to contact their elected officials, at the state or federal level, to talk about why limiting methane is crucial. This support is especially important as bills continue to be introduced that would impact methane mitigation efforts. For example, House bill H.R. 1023 aims to effectively repeal MERP altogether. On the other hand, another recently-introduced bill would fund methane mitigation research. Ensuring that legislators know that their constituents care about meaningful methane reductions will protect these hard-fought regulations.
The ongoing SIP implementation of the methane rule will also create many opportunities in the near future for Pennsylvania residents to make their voice heard. Stay tuned for upcoming opportunities to show support for and influence an even stronger Pennsylvania-specific SIP that reduces as much methane as possible.
Environmental Protection Agency sides with Environmental Integrity Project, PennFuture, Clean Air Council and objects to U.S Steel Edgar Thomson’s Title V permit as it was not in compliance with the Clean Air Act
PITTSBURGH, PA, Feb. 12, 2024 – In another step to help protect Mon Valley residents from harmful air pollutants, the Environmental Protection Agency (EPA) has again sided with environmental groups by issuing an order objecting to an air quality permit issued by the Allegheny County Health Department (ACHD) to U.S. Steel on the basis that it was not in compliance with the Clean Air Act. This time, the EPA objected to the permit issued to U.S. Steel’s Edgar Thomson facility by ACHD in August 2023.
In September 2023, environmental groups submitted a petition to EPA requesting it object to the Title V air quality permit issued to U.S. Steel Edgar Thomson by ACHD. In the petition, environmental groups argued that the Title V permit did not include monitoring and testing requirements sufficient to assure compliance with multiple air quality emissions limitations for multiple emissions sources, and improperly eliminated certain emissions limitations.
On February 7, 2024, EPA issued an order granting all of the petitioners’ claims and objecting to the Edgar Thomson Title V permit on those grounds. In its order, EPA requires ACHD to revise the permit and/or permit record in accordance with its decision.
This marks the second occasion in recent months that environmental groups have successfully petitioned EPA to object to deficient Title V permits issued by ACHD to U.S. Steel facilities in the Mon Valley. In October, EPA issued a similar order granting the majority of petitioners’ claims relating to insufficient monitoring and testing requirements and objecting to the U.S. Steel Clairton Coke Works’ Title V permit issued by ACHD.
The U.S. Steel Edgar Thomson Plant is an iron and steel making facility with a history of noncompliance with air pollution regulations and a major source of air pollution in Allegheny County. Pollutants of concern emitted by the facility include particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, volatile organic compounds, and hazardous air pollutants, among others.
“We are thrilled EPA ordered the Health Department to make all 10 changes we requested so that this massive polluter no longer has a permit full of loopholes,” said Lisa Hallowell, Senior Attorney with the Environmental Integrity Project. “The permit now must be revised to require monitoring to assure compliance with permit limits, which will benefit public health and the environment throughout the Mon Valley.”
“Ensuring that industry polluters comply with permit limits is necessary to protect Allegheny County residents from harmful air pollution,” said Angela Kilbert, Senior Attorney for PennFuture. “EPA’s order directs ACHD to ensure that this Title V permit has air quality monitoring and testing requirements sufficient to assure U.S. Steel Edgar Thomson operates in compliance with its emissions limits.”
“Mon Valley residents shouldn’t have to put up with some of the worst air in the country,” said Alex Bomstein, Clean Air Council Legal Director. “Through air quality monitoring and testing requirements, EPA’s orders will help to ensure that the facility operates within the law, which is key to protecting residents from harmful pollution.”
PHILADELPHIA, PA (February 7, 2024) – Responding to overwhelming scientific evidence, the U.S. Environmental Protection Agency (EPA) has acted to protect public health by lowering the annual standard for ambient air concentrations of fine particulate matter, commonly known as soot or PM2.5. These tiny particles, with diameters 30 times smaller than a human hair, can be absorbed through the lungs directly into the bloodstream, leading to respiratory and cardiovascular injuries and premature death. Growing evidence also links exposure to increased risk of dementia. EPA last reduced the standard to 12 from 15 µg/m³ over a decade ago, leading to considerable health improvements and corresponding economic benefits.
Matt Walker, Clean Air Council Advocacy Director, issued the following statement:
“Today’s announcement from the EPA is a significant win for public health and will allow millions of Americans to breathe easier. By reducing the annual National Ambient Air Quality Standard (NAAQS) by 25 percent, EPA will be saving tens of thousands of lives per year, protecting children, the elderly, and people in overburdened communities from lasting health harms. This standard will also save billions of dollars from associated health care costs and lost work days. In Pennsylvania, we anticipate substantial air quality improvements in the seven counties that are not in attainment of the new standard.
However, since there is no safe level of PM2.5 exposure, we call on EPA to soon further reduce the annual standard. Reducing the standard to the World Health Organization’s suggested 5 µg/m³ limit would save an additional 40,000 lives and billions more dollars. EPA should also reduce the 24-hour standard, which would mean less severe daily spikes in soot exposure. The U.S. can lead the way in further improving our air quality, resulting in thriving, healthy communities.”
WASHINGTON, DC (December 14, 2023) – Today, the United States Environmental Protection Agency (EPA) announced that vinyl chloride is a candidate for high-priority designation under the Toxic Substances Control Act (TSCA). The primary goal of TSCA is to regulate the introduction of new or existing chemicals into commerce to ensure that they do not pose an unreasonable risk to human health or the environment. If EPA finds vinyl chloride presents unreasonable risk, it must start a process of developing a risk management rule to eliminate all risks that it found to be unreasonable. Risk management may take many forms including, but not limited to, bans or partial bans, phase-outs, restrictions on manufacturing, processing, distributing, or disposing – including volume restrictions and prohibitions on release or discharge. The public will have the opportunity to comment on the proposed risk management rule.
Matt Walker, Clean Air Council Advocacy Director, issued the following statement:
“Clean Air Council is very pleased that EPA has selected vinyl chloride as a candidate for high-priority designation under TSCA. Vinyl chloride is a known human carcinogen and can cause other serious health harms. In communities that live in the shadow of petrochemical facilities, the harms from vinyl chloride exposure are compounded by exposures to other other toxic chemicals and stressors. EPA must consider these cumulative risks in its analysis. As the disaster in East Palestine, Ohio demonstrated, people living along rail lines used to transport vinyl chloride are in danger of significant exposures to this toxic chemical. It will be critical for EPA to evaluate these risks.”
