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Bear in the Woods: Environmental Law Blog
Showing posts with label air emissions. Show all posts
Showing posts with label air emissions. Show all posts

Wednesday, February 04, 2015

Permit applications for shale gas wells within one mile of a Washington County school: Withdrawn.

In October 2014, citizens from Mt. Pleasant Township in Washington County reached out to PennFuture for assistance. Range Resources had submitted three conditional use permit applications to the township board for consideration. The permits, if approved, would allow Range to develop three new natural gas well pads and accessory facilities, two of which would join an already existing well pad, placing three within one mile of the Fort Cherry K-12 school campus. PennFuture provided legal counsel at four well-attended public hearings and was preparing testimony for several more when Range abruptly pulled the applications on Tuesday, February 3, citing economic reasons. 

Washington County is a drilling hot spot in Pennsylvania, with wells popping up across all zoned districts, including in county parks, and by homes and schools. Some residents are fed up with this unchecked expansion, which allows gas development anywhere in the township. Several nearby permit violations by Range Resources, along with heavy truck traffic, around-the-clock noise from generators, and bright lights in an otherwise pastoral setting, prompted a group of citizens to ask that the township deny the approvals that would allow these industrial operations in close proximity to homes and schools - and particularly in areas where persons bought homes in reliance on the area being zoned for only residential development.

In addition to quality of life considerations, residents opposed the permits based on concerns related to a growing body of research documenting the health risks associated with the drilling process. Health professionals and parents alike argue that concentrating diesel truck traffic around families and their homes makes no sense. Diesel exhaust is a known carcinogen as well as an air pollutant linked to a variety of respiratory and heart diseases. Studies such as one conducted in 2014 by McKenzie, et al. revealed that pregnant mothers living within ten miles of natural gas wells had higher incidences of congenital heart diseases in their children. Furthermore, the risk of certain birth defects was positively correlated with increased well density. 

As research continues to reveal real risks, citizens are beginning to look to their local governments for appropriate zoning restrictions on natural gas drilling. 

Mt. Pleasant Township modified its land use ordinance to allow natural gas development across all zoned districts prior to enactment of the state natural gas law (Act 13). In the recent Robinson Township case, the Pennsylvania Supreme Court struck down those portions of Act 13 that compelled local municipalities to allow natural gas development across all zoned districts. Mt. Pleasant Township is now in the process of revising its land use ordinance.

In deciding where to permit drilling and where to restrict it, Mt. Pleasant Township faces the same challenge as many municipalities around Pennsylvania: how to strike a balance between shale gas development and protection of the environment and the public’s health and safety. When ruling on components of Act 13 pertaining to local zoning, as set forth in Robinson Township, the Supreme Court made it clear that municipalities cannot allow non-conforming uses in residentially zoned districts – and it goes without saying that shale gas development is not a residential land use.

Valessa Souter-Kline is western Pennsylvania outreach coordinator for PennFuture and is based in Pittsburgh. She tweets @ValessaSK.

Wednesday, July 23, 2014

Newest TRI data shows Clairton’s impact on surrounding community

The U.S. Environmental Protection Agency (EPA) just released its preliminary 2013 Toxics Release Inventory (TRI) data for industrial facilities across the United States. The data includes information on U.S. Steel’s Clairton Coke Works in Clairton, Pennsylvania, the country’s largest coke manufacturing plant. The Clairton facility has been in the news the past couple months for its inability to control “pushing emissions” at its new $500 million coke battery (Pittsburgh Post Gazette Article). The TRI data quantifies the toxic emissions coming from the Clairton plant, including toxic air emissions. Below are two tables showing a select number of Clairton’s air emissions. Table 1 shows Clairton’s total greenhouse gas emissions measured in CO2 equivalents, and Table 2 shows major toxic pollutants for 2013.

Table 1. Clairton’s Greenhouse Gas Emissions for 2013
Greenhouse Gas
Total Facility Emissions (CO2e)
CO2
668778
CH4
239
N20
709






There are generally two types of air emissions at the Clairton Plant -- fugitive emissions and stack emissions. Fugitive emissions refer to emissions that do not come from stacks, chimneys, vents, or other controlled openings, whereas stack emissions, as the name implies, come directly from facility stacks. Both types of emissions affect air quality, though fugitive emissions are generally more difficult to control.

Table 2. Clairton’s Major Air Pollutant Data for 2013
Chemical Name
Media
Pounds Released
Ammonia
Fugitive emissions
280,000
Stack Emissions
6,800
Benzene
Fugitive emissions
34,000
Stack Emissions
20,000
Cyanide Compounds
Fugitive emissions
11,000
Stack Emissions
47
Hydrogen Cynanide
Fugitive emissions
24,000
Stack Emissions
2,700
Hydrogen sulfide
Fugitive emissions
260,000
Stack Emissions
26
Lead
Fugitive emissions
37.43
Stack Emissions
19.98
Mercury
Fugitive emissions
2.97

The TRI report also indicates Clairton’s compliance with the federal Clean Air Act. The report states that the plant is in violation of the state implementation plan, as well as National Emission Standards for Hazardous Air Pollutants governing coke batteries and by-product recovery.  The report’s compliance history section indicates a history of non-compliance and a significant violation of the Clean Air Act in May of 2013. One can see from the data that fugitive emissions account for a large amount of toxic air pollutants emitted by this facility.


While the TRI data is not the entire story, it provides an eye-opening look at the significant amounts of toxics emitted by a facility of this type and size. To access the entire toxic emissions data for Clairton, including water emissions, air emissions, compliance records, and waste transport, visit the EPA’s TRI Envirofacts site here (Clairton is the last facility on the list). Background information about TRI and common TRI terms can be found here

George Jugovic is chief counsel for PennFuture and is based in Pittsburgh.