Clairton Coke Works Legal Matters
2024
On February 26, 2024 the ACHD found that the Clairton Coke Plant experienced process and equipment failures(PDF, 231KB) at coking ovens 1, 2, 3, 13, 14, 15, 19, and 20, which resulted in: (a) the traveling hood not properly positioning above the hot car, (b) a loss of suction to the baghouse, and/or (c) other issues causing emissions not to be captured during the push of coke out of the ovens. Pushing coke from an oven without first capturing the emissions to the Pushing Emission Control baghouse is known as an “uncontrolled push.” The uncontrolled pushes occurred between March 16, 2022 and January 15, 2024. The US Steel Clairton Plant is required by the ACHD to create a compliance plan, subject to the approval of the ACHD, that will achieve and maintain compliance with the permit requirements. The penalty for the uncontrolled pushes is $1,991,000.
On February 2, 2024 the ACHD sent US Steel a Demand for Stipulated Penalties(PDF, 1MB) for violations the Department observed during the fourth quarter of 2022, October 1 through December 31. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances. The Department assessed a $201,350 penalty for these violations. A settlement agreement was reached between the ACHD and United States Steel on September 22, 2023 regarding previous stipulated penalties. This penalty is being offset by the terms of the September 22, 2023 Settlement Agreement.
2023
On December 29, 2023, the ACHD issued an Enforcement Order(PDF, 176KB) against U.S. Steel for exceedance of the commonwealth's hydrogen sulfide limit. From March 2, 2022, through November 30, 2023, the Liberty Monitor recorded concentrations of H2S in ambient air. The ACHD determined that during that time period, the U.S. Steel Clairton Coke Plant caused exceedances of the Pennsylvania H2S ambient air quality standard on 159 calendar days. The enforcement order requires U.S. Steel to provide the ACHD with a plan to prevent future exceedances and achieve and maintain compliance with the H2S ambient air concentration standard. The ACHD fined U.S. Steel $2,202,825 for the violations.
On October 19, 2023, the Department issued an Enforcement Order for Performing an Invalid Stack Test(PDF, 63KB) and fined $2,860 for U.S. Steel’s failure to conduct a valid test within the required two-year period.
On September 22, 2023, a single Settlement Agreement(PDF, 207KB) resolved disputes regarding three demand letters for Stipulated Penalties. The Department sent the first Demand Letter for Stipulated Penalties(PDF, 1MB) on March 3, 2022, for the second, third, and fourth quarter of 2021. The Department sent the second demand letter for Stipulated Penalties(PDF, 1MB) November 28, 2022, for the first quarter of 2022. The third Demand for Stipulated Penalties(PDF, 1MB) issued on March 15, 2023, was for the second quarter of 2022. Stipulated penalties are for violations such as soaking emissions, travel emissions, pushing violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances. Specific details for the aforementioned violations are in the enforcement order. The total Stipulated Penalty amount is $1,300,260. The Community Benefit Trust received 90 percent of the penalty ($1,170,234) and the Allegheny County Clean Air Fund received 10 percent of the penalty ($130,026). The Settlement’s penalty reduction of $325,065 was offset against future penalties. On July 11, 2023, the ACHD issued a Demand for Stipulated Penalties(PDF, 1MB) for the third quarter of 2022, July 1, 2022, through September 30, 2023. Stipulated penalties are for violations such as soaking, travel emissions, pushing emissions violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”). Specific details for the above-mentioned violations are in the enforcement order. The Department calculated a penalty of $301,725. The Community Benefit Trust received 90 percent of the penalty, $271,552.50, and the Allegheny County Clean Air fund received 10 percent of the penalty, $30,172.50.
2022
On March 24, 2022, the ACHD issued an Order against U.S. Steel(PDF, 839KB) for pushing coke out of the coke ovens without the use of an air pollution control device. The Order determined that U.S. Steel pushed coke from coke batteries 1, 2, 3, 14, 15, 19, and 20 without the use of pollution control device. Without emission controls in place, an uncontrolled push occurs. Between January 1, 2020, and March 15, 2022, uncontrolled pushes occurred at the Clairton Coke Plant and a penalty of $4,570,500 was issued.
On March 3, 2022, the ACHD published an Analysis and Attribution of Hydrogen Sulfide Exceedances at the Liberty Monitor(PDF, 3MB). The study determined the U.S. Steel Clairton Coke Plant is a significant source of hydrogen sulfide (H2S). In the two most recent emission inventory submittals from 2019 and 2020, U.S. Steel reported 156 tons of H2S emissions and 127 tons of H2S emissions, respectively. On March 7, 2022, the ACHD issued an Enforcement Order(PDF, 401KB) for exceedances of the Commonwealth’s H2S standard. From January 1, 2020, through March 1, 2022, the Liberty Monitor recorded exceedances of the H2S ambient air concentration standard. During this period the ACHD determined emissions from U.S. Steel’s Clairton Coke Plant caused exceedances of the H2S standard (0.005 ppm averaged over a 24-hour period) at the Liberty Monitor on 153 calendar days. For the exceedances of the H2S standard, ACHD assessed a penalty of $1,842,530.
2021
On December 15, 2021, the Department imposed a penalty of $5,500 against U.S. Steel for a Permit Violation(PDF, 74KB) for failure to operate the PROven® System. On August 27, 2021, the ACHD received a breakdown report from U.S. Steel stating that a restriction in the standpipe was causing a release of emissions from the charging hole. The PROven® System returned to service after 5 hours and 10 minutes. The ACHD determined that U.S. Steel violated their permit conditions for not operating the PROven® System for 5 hours and 10 minutes on August 27, 2021.
In September 2021, the ACHD added the Mon Valley Air Pollution Episode Rule(PDF, 405KB) to Article XXI(PDF, 2MB). This regulation requires major and minor sources of particulate matter in specific municipalities, including the Clairton Coke Plant, to submit a plan to mitigate particulate matter emissions when an air quality warning is declared for the Mon Valley. On January 28, 2022, the ACHD determined the first plan US Steel submitted for the Clairton Coke Plant was insufficient and issued a Modification Order for U.S. Steel’s Submitted Episode Rule Mitigation Plan(PDF, 2MB). The ACHD ordered U.S. Steel Clairton Coke Plant to resubmit their warning plan to reflect a greater reduction of its actual particulate matter emissions from thirty processes. Additionally, the ACHD required the facility to correct its emissions calculations spreadsheet, include condensable particulate matter emissions and add procedures for record keeping and reporting for their Episode Rule Mitigation Plan.
On August 27, 2021, the Department fined U.S. Steel $5,500 for the release of the pollutant, anhydrous ammonia(PDF, 586KB). On June 4, 2021, U. S. Steel submitted a breakdown Report that reported approximately 8,449 pounds of anhydrous ammonia had been released into the atmosphere on June 1, 2021. A contractor working in #1 Control Room accidentally opened a bleeder valve while assembling scaffolding which led to the anhydrous ammonia release from the Clairton facility.
On June 4, 2021, the Department sent U.S. Steel a demand for Stipulated Penalties(PDF, 1MB) for violations that ACHD and Method 303 contractors observed during the first quarter of 2021, January 1, 2021, through March 31, 2021. The ACHD assessed a penalty of $201,500. The Community Benefit Trust received 90 percent of the penalty ($181,350) and the Allegheny County Clean Air Fund received 10 percent of the penalty ($20,150).
On April 1, 2021, the Department issued a Notice of Violation (“NOV”)(PDF, 202KB) against U.S. Steel Clairton for hydrogen sulfide exceedances from January 1, 2020 through April 1, 2021. On March 7, 2022, the ACHD issued a follow up Enforcement Order(PDF, 401KB) regarding H2S exceedances at the Liberty monitor.
On February 19, 2021, the ACHD issued an Enforcement Order(PDF, 623KB) to U.S. Steel for failure to submit required reports and the release of air contaminants. On May 26, 2020, the United States Coast Guard National Response Center (NRC) took a report from U.S. Steel concerning a release of approximately 100 lbs. of anhydrous ammonia into the open air. The release resulted from an equipment failure which caused a pressure release valve to open at the Clairton facility. U.S. Steel failed to report the breakdown of equipment and the release of anhydrous ammonia to the ACHD. The Department assessed a penalty for $4,165.
On January 25, 2021, the ACHD issued an Enforcement Order(PDF, 713KB) against U.S. Steel for failure to meet compliance limits for the C battery. On October 22, 2019, and again on February 27, 2020. U.S. Steel failed to show compliance with permit limits during emission testing. On June 16, 2020, U.S. Steel conducted a valid test on the C Battery combustion stack. The ACHD assessed a civil penalty for $8,800 for the failed emission testing.
2020
On May 28, 2020, ACHD issued U.S. Steel a Demand for Stipulated Penalties(PDF, 895KB) for violations the Department observed during the fourth quarter of 2019 and first quarter of 2020 at Clairton Coke Plant. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances. The Department assessed a $361,400 penalty for these violations. The Community Benefit Trust received 90 percent ($325,260) and the Allegheny County Clean Air fun received 10 percent of the penalties ($36,140).
On February 21, 2020, the ACHD issued an enforcement order against U.S. Steel for its failure to meeting compliance limit(PDF, 178KB) and fined the company $13,200. U.S. Steel exceeded the pound per hour emission limit for particulate matter determined in its installation permit during the October 8-11 and 14, 2019 stack test.
On February 10, 2020, ACHD announced that it finalized the Settlement Agreement and Order(PDF, 865KB) with U.S. Steel from June of 2019. The first Amendment to the Settlement Agreement and Order was fully executed and signed by the Hearing Officer.
On January 17, 2020 the ACHD issued $743,625 in Stipulated Penalties against the Clairton Coke Plant for second and third quarter violations that occurred at the facility in 2019. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances.
2019
On June 28, 2019, the ACHD announced that it had reached a Settlement Agreement(PDF, 1MB) with U.S. Steel to resolve all outstanding orders appeals. The agreement was put out for public comment, which began on Monday July 1, 2019 and concluded on Wednesday July 31, 2019.
On May 10, 2019, the ACHD issued a civil penalty, a fine of $337,670(PDF, 2MB) against U.S. Steel for first quarter penalties in 2019 at the Clairton Coke Plant. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances. Another penalty was levied for $5,750 for failed emissions tests(PDF, 986KB).
The ACHD levied a fine of $707,568 against U.S. Steel on April 1, 2019, for third and fourth quarter penalties in 2018 at the Clairton Coke Plant. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances.
2018
On October 18, 2018, the Health Department issued a civil penalty, a fine of $620,316(PDF, 2MB) against U.S. Steel for second quarter penalties in 2018 at the Clairton Coke Plant. The stipulated penalties covered violations such as excessive soaking and travel emissions, pushing emission violations, lid leaks, offtake leaks, door leaks, charging emissions, and Continuous Opacity Monitor (“COMs”) exceedances.