Air Pollution In Pennsylvania: Writing For Change

Pennsylvania has the third-worst air quality in the United States, with high concentrations of six criteria pollutants that are known to cause adverse health effects. The state's Air Pollution Control Act was enacted in 1960 to protect the air resources of the Commonwealth and prevent the harmful effects of air pollution on public health, safety, and well-being. Despite this, Pennsylvania continues to struggle with poor air quality, particularly in metropolitan areas such as Pittsburgh and Harrisburg, which have received failing grades for air pollution. With issues of air pollution affecting the state, residents may wonder who they can write to in order to address their concerns and advocate for improved air quality.

Pennsylvania's Air Pollution Control Act

One of the key provisions of the Act is the requirement for public review and comment on air pollution control strategies. Interstate pollution transport commissions established under the Clean Air Act must develop pollution control strategies through a process that involves public participation. This ensures that the public has a say in deciding how to address air pollution issues in their communities.

The Act also addresses permit applications and compliance plans. When considering these applications, the department must coordinate with the Pennsylvania Public Utility Commission and adhere to the requirements established by the administrator. Permits issued by the department include several prohibitions, such as annual emissions of sulfur dioxide exceeding the number of allowances and exceedances of applicable emissions rates or standards.

Furthermore, the Act incorporates the regulations established under Section 112 of the Clean Air Act, which sets performance and emission standards for hazardous air pollutants. This ensures that the department's permitting program aligns with federal regulations and helps to reduce the impact of hazardous air pollutants on human health and the environment.

Overall, Pennsylvania's Air Pollution Control Act provides a comprehensive framework for managing air quality and protecting the health and well-being of the state's residents and natural resources. By encouraging public participation, coordinating with relevant commissions, and implementing stringent emission standards, the Act strives to mitigate the negative effects of air pollution in Pennsylvania.

Clean Air Act

The Clean Air Act is a federal law designed to reduce air pollution and protect public health. The Act sets standards for air quality and emissions and gives the Environmental Protection Agency (EPA) the authority to regulate pollutants from a variety of sources, including vehicles, factories, and power plants.

In Pennsylvania, the Clean Air Act is implemented through the Air Pollution Control Act, which was enacted in 1960. This state-level legislation establishes the policy of the Commonwealth of Pennsylvania to protect its air resources and implement the provisions of the federal Clean Air Act.

The Air Pollution Control Act includes several measures to reduce air pollution and protect public health. For example, it sets standards for emissions rates and prohibits annual emissions of sulfur dioxide that exceed the number of allowances allocated to a facility. The Act also incorporates the performance and emission standards promulgated under Section 112 of the Clean Air Act into Pennsylvania's department permitting program.

Additionally, the Air Pollution Control Act requires public review and comment periods for state implementation plans related to air pollution control. This allows for transparency and input from Pennsylvania residents on measures that will impact their air quality. The Act also encourages interstate collaboration on pollution control strategies, with Pennsylvania committing to work with other states, such as Ohio, to address air pollution through interstate transport commissions.

Overall, the Clean Air Act and the Air Pollution Control Act in Pennsylvania work together to protect the air resources of the state and ensure that residents have access to clean and safe air. These laws recognize the importance of preserving the natural environment and the health and well-being of Pennsylvanians, as outlined in Article I, Section 27 of the Pennsylvania Constitution, which asserts the people's right to clean air and pure water.

PennFuture's legal action

PennFuture is a non-profit organisation that provides legal support to citizens and groups to advance local regulation of shale gas development and protect the environment and public health and safety. It offers more than $2 million in low-cost legal services to citizens and conservation organisations throughout Pennsylvania. PennFuture's legal services include advocacy before state agencies and representation in litigation to protect constitutional rights to clean air and pure water.

PennFuture has achieved significant legal victories in its 22-year history. In one week, it secured two legal victories. The first victory, handed down by the U.S. Court of Appeals for the D.C. Circuit, involved the use of "tolling orders" by the Federal Energy Regulatory Commission (FERC). Tolling orders allow an indefinite delay in reviewing complaints from property owners who wish to protect their property from fracked gas and pipeline development. The second victory, handed down by the U.S. District Court for the Northern District of California, involved a case where PennFuture and other organisations sued the Environmental Protection Agency (EPA) for failing to properly regulate coke ovens, which emit carcinogens that destroy air quality and cause devastating health complications.

PennFuture also provides legal support to communities seeking to hold local governments responsible for properly administering Pennsylvania's Environmental Rights Amendment. It helps by fighting the issuance of permits that would allow the development of industrial facilities and other polluting activities. Additionally, PennFuture works to build case law around the Environmental Rights Amendment and pursues legal action to force polluters to comply with the law.

PennFuture's work includes education, opportunities for action, and technical assistance to maximise the impact of citizen advocacy. It proposes solutions grounded in science to meet climate goals and ensure constitutional rights to a healthy environment.

Environmental Justice areas

Environmental Justice (EJ) areas in Pennsylvania are communities that are more vulnerable to climate and health risks, such as low-income neighbourhoods and communities of colour. These areas are exposed to higher-than-average environmental and climate risks, which can negatively impact the health of their residents.

The Pennsylvania Department of Environmental Protection (DEP) has recently updated its criteria for defining and identifying EJ areas, reducing the number of people living in these areas from 3.7 million to 2.3 million. The new policy uses 32 indicators to determine an EJ area, including exposure to pollution and toxic emissions, traffic volume, and proximity to oil and gas wells. This comprehensive data will help the DEP understand how industrial activity affects both rural communities and cities and improve communication with residents.

One example of an EJ area in Pennsylvania is the coal mining communities in rural parts of the state. These communities have experienced some of the worst waterway pollution from acid mine drainage, which is toxic to humans and wildlife. Heavy rainfall and flooding due to climate change have worsened the environmental impacts of mining in these areas.

The updated EJ policy in Pennsylvania aims to provide at-risk communities with better communication on development projects. The DEP has released an interim final policy and is collecting public comments before officially enacting it. The policy will guide how the state addresses issues of environmental justice and ensures that all people are protected from environmental hazards and have the right to live in a healthy environment.

Allegheny County's air quality

The Air Quality Index (AQI) provides real-time data on air pollution levels in Allegheny County. On March 14, 2023, the AQI for the county was recorded as "moderate." This AQI reading takes into account various pollutants and pollen levels, including PM2.5 and O3.

The Group Against Smog and Pollution (GASP) is a local organization dedicated to addressing air quality issues in Southwestern Pennsylvania, including Allegheny County. They offer resources and alerts to keep residents informed about the complex and confusing nature of air quality concerns.

Additionally, platforms like IQAir provide air quality maps and apps that allow individuals to monitor the air quality in their specific locations, including in Pittsburgh, the most populous city in Allegheny County. These tools empower residents to take proactive measures, such as investing in air purification solutions or advocating for legislative changes to improve air quality.

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