Residents, environmental groups press council to increase ACHD permit fees, fully staff air program

Dozens of residents and environmental advocates told Allegheny County Council on March 26 that the Allegheny County Health Department’s air program needs dedicated funding and staff to enforce permits and protect public health, pressing council to advance a permit-fee increase proposal that has been under committee review.

Why it matters: Commenters said inadequate ACHD staffing and years of underfunding have left the county unable to issue, monitor and enforce air permits fully under the federal Clean Air Act. Several speakers tied the problem to local impacts in the Mon Valley after the 2018 U.S. Steel fire and cited an EPA Title V audit that identified staffing and fee-structure concerns.

Speakers and core arguments - Lisa Graves Marcucci urged action and cited the U.S. EPA’s audit of ACHD’s Title V program, quoting the audit’s language that the permitting workload exceeds staffing and warning that “If ACHD does not demonstrate adequate progress on resolving these identified issues in this report, EPA will consider issuing a notice of deficiency.” She asked which positions ACHD proposed not to fill and whether leaving those vacancies would risk federal noncompliance.

- Zach Barber, a local organizer and former air-quality advocate, said permit fees are the statutory funding mechanism for Title V programs and said increased fees are necessary to hire the inspectors, engineers and attorneys needed for permitting, monitoring and enforcement.

- Multiple speakers from Mon Valley communities said they experience persistent odors and emissions since the 2018 fire at U.S. Steel’s Clairton coke works; one speaker said private testing found benzene at levels of concern and reported high soil lead and arsenic levels on private property. Those speakers urged the county to hold polluters accountable and to pass the fee increase so ACHD can act.

- Representatives of environmental nonprofits, including PennFuture and the Group Against Smog and Pollution, and faith and civic leaders called on council to pass the fee schedule to fulfill the county’s trustee duties under Pennsylvania’s Environmental Rights Amendment (Article I, Section 27) and to prevent the use of the clean-air fund balance as an operational stopgap.

Council procedure and solicitor guidance A council member asked to amend the agenda to bring the permit-fee ordinance out of committee for an immediate vote; the solicitor advised that taking up items not posted on the agenda could violate the Pennsylvania Sunshine Act, so the council did not proceed to vote that night. Advocates in the audience urged faster action, saying delays reduce community trust and divert clean-air funds away from community projects.

What advocates want Speakers asked council to: advance the revised Title V permit-fee ordinance; ensure ACHD hires permitting engineers and inspectors identified by EPA as a priority; and preserve clean-air fund dollars for community remediation projects rather than using that balance to cover program administration.

Selected direct quotes "If ACHD does not demonstrate adequate progress on resolving these identified issues in this report, EPA will consider issuing a notice of deficiency in the future," read Lisa Graves Marcucci, citing the EPA audit.

"These polluter-pays permit fees are legally required and critical for our health," said Zach Barber.

"We are asking you to vote now to increase these fees and give our community the protection we deserve," said Natalie Davidson of PennFuture.

Next steps The permit-fee proposal remained in committee at the close of the March 26 meeting. Council members and the solicitor said any vote to consider items not posted on the meeting agenda could violate the Sunshine Act, so the substantive permit-fee decision will await a properly posted meeting agenda, committee action or future vote.