PennFuture lawsuit says EPA must update federal regulations for coke ovens

A coalition of environmental groups has prevailed in a federal lawsuit asserting that the U.S. Environmental Protection Agency failed to regulate pollution from coke ovens around the country, including the Clairton Coke Works.

An EPA spokesperson said the agency is reviewing the decision.

PennFuture, a statewide advocacy organization with an office in Pittsburgh, was among the groups in the suit, decided on June 26. Brought in April 2019 by the San Francisco-based environmental law nonprofit EarthJustice, it was filed in U.S. District Court for the Northern District of California and included Louisiana Bucket Brigade, the Sierra Club and Gasp of Birmingham, Ala.

The suit alleged that the EPA did not review or revise federal emissions standards relating to two points in the coking process, which were set in 2005. According to the lawsuit, the EPA recognized at the time that standards could be insufficient and should have reviewed them within eight years, a timeline established by the Clean Air Act.

According to a news release from PennFuture, the EPA admitted that it did not make the necessary reviews for coke oven facilities under the Clean Air Act.

“This is a huge win in PennFuture’s fight to protect the health of our communities in Allegheny County that have been subjected for far too long to the toxic air pollution from facilities like U.S. Steel’s Clairton Coke Works,” PennFuture President and CEO Jacquelyn Bonomo said.

U.S. Steel, which operates the Clairton Coke Works, said in statement that “while U.S. Steel is not a party to the case, we are closely reviewing the court’s decision. As the court has ordered EPA to review Clean Air Act regulations, the impact to U.S. Steel cannot be determined at this time. We will continue to monitor relevant developments.”

The court’s decision ordered the EPA to undertake a “technology and risk review” for coke oven batteries and stacks within the next 30 months. PennFuture said the decision will “force” the EPA to ensure coke oven operators are using the “best available technology to reduce the hazardous emissions that threaten our communities.”

PennFuture has advocated for stricter emissions regulations at the Clairton Coke Works in the past. The facility includes 10 coke oven batteries, which contain multiple coke ovens.

Coke ovens like those at Clairton Coke Works are used to heat coal and make steel. PennFuture believes the process produces more than 40 air pollutants, including carcinogens that cause breathing problems and lasting health issues. Clairton’s air quality has been a concern at numerous points throughout the years.

“Because these standards implicate some of the biggest cancer risk drivers from coking emissions, EPA’s regulations should provide significant public health benefits,” Bonomo said. “We will continue to be engaged as EPA determines what additional protections must be established and technologies put in place to protect Pennsylvanians from these cancer-causing emissions.”