U.S. Steel Corp. has agreed to settle longstanding appeals of $2.73 million in fines for emissions violations at its Clairton Coke Works and spend millions more to improve the plant under a proposed agreement with the Allegheny County Health Department.
The 32-page draft settlement announced Friday commits the company to spending approximately $200 million to improve operation of the facility’s coke batteries, including upgrades to emissions controls, plant infrastructure and maintenance.
The settlement also requires the company to pay the full penalty amounts assessed in four enforcement actions dating to June 2018, but use 90% of the money to establish a new “Community Benefit Trust” that will pay for projects benefiting the environment and the Mon Valley communities of Clairton, Glassport, Liberty, Lincoln and Port Vue.
The settlement, which is subject to a 30-day public comment period beginning July 1, directs U.S. Steel to pay the remainder of the money, $273,000, to the county’s Clean Air Fund.
The Pittsburgh-based steelmaker also agreed to provide enhanced environmental training programs for coke works employees, and submit to annual emissions audits by an independent contractor. It will also establish a Community Advisory Panel, made up of local residents, a company representative and an elected official, to address environmental and health concerns of the Mon Valley communities.
“While we did not get everything we wanted, this settlement represents significant progress and includes vitally important components related to transparency and community benefit,” Dr. Karen Hacker, director of the health department, said. “We take our responsibilities to improve air quality very seriously, and this draft agreement is another step in the ongoing efforts to ensure clean air for all.”
Dr. Hacker said the department went into the settlement negotiations looking to have the company replace the 1, 2 and 3 coke batteries or perform major upgrades.
“We got improvements not replacements,” Dr. Hacker said, acknowledging the final document is a compromise.
Allegheny County Executive Rich Fitzgerald lauded the health department’s work in negotiating a settlement with U.S. Steel.
“I have always asked that the department do everything in its power to ensure that industry is meeting its obligations and responsibilities, and that we are protecting our citizens, and this agreement is a significant step toward meeting those goals,” he said in a statement.
The health department, which issues operating permits and enforces emissions controls on the county’s last coking facility, agreed to update, revise and improve its inspection and testing procedures at the coke works, located along the Monongahela River 20 miles south of Pittsburgh.
The agreement also contains a provision that the health department may only impose more stringent emissions limits that are “technically feasible. . . achievable and maintainable.”
“U.S. Steel believes this agreement fairly addresses the reasons for our appeal of the enforcement orders related to battery compliance at our Clairton Plant while also demonstrating our commitment to protecting our shared environment and neighboring communities,” Sara Greenstein, U.S. Steel senior vice president of consumer solutions said in a statement released by the company.
She went on to say the company is committed to working with the health department to improve the environmental performance of the coke works.
While U.S. Steel agreed to settle the county penalties, the agreement notes that the company “has denied and continues to deny the violations,” and is agreeing to pay the penalty amounts “solely to settle disputed claims without incurring the time and expense of additional contested litigation.”
Coke is used to produce iron and steel. Clairton's 10 coke batteries contain 708 coke ovens and more than 6,300 potential coke gas emission points. Each year, the facility produces about 4.3 million tons of coke.
Environmental and citizen organizations were generally supportive of the settlement agreement, though most expressed skepticism the steelmaker will follow though, given the steelmaker’s lengthy record of pollution violations.
Matt Mehalik, executive director of the Breathe Project, said promising provisions of the agreement include repairs to leaking and poorly performing equipment, the third party audit of performance, and direction of fines toward community projects.
“But there are also some preliminary concerns,” he said. “The agreement lends itself to perceptions of ‘pay to pollute’ and the proposed investments may not make a lasting difference in a facility that has ongoing breakdowns, fires, and plant failures to control air pollution. We will be asking many questions and scrutinizing this agreement in greater depth through the public comment period.”
Myron Arnowitt, Pennsylvania director for Clean Water Action, said the settlement commits U.S. Steel to “continue fixing their plant as they have attempted to do for many years,” but doesn’t include the threat to idle coke batteries that continue to pollute.
“Given recent events,” he said in an email statement, “most residents have little trust in U.S. Steel and their ability to follow through on their promises.”
The full draft agreement can be found here.
Courtney Linder contributed. Don Hopey: dhopey@post-gazette.com or 412-263-1983. Twitter: @donhopey.
First Published: June 28, 2019, 4:09 p.m.
Updated: June 28, 2019, 9:24 p.m.
