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On December 17, Allegheny County Council should vote to allow the Health Department to Increase Fees Paid by County Businesses that Pollute Our Air. Why?

Writer's picture: Valley Clean Air NowValley Clean Air Now


Members of Allegheny County Council will vote on December 17 whether or not to allow the County Health Department to raise the cost to pollute our air and water. This is has been pending for several years. We encourage all County residents to:

  • learn background info on this topic;

  • join our Information & Discussion Zoom Call Tuesday (12-10) afternoon. Email info@valleycleanair.com and I'll send you the zoom link.

  • register to provide public comment at the 12-17 Council Meeting in Pittsburgh; and

  • travel to the Council Meeting to express your opinion.


Who Controls Air Quality in Our County?

Three layers of government agencies oversee air pollution in Allegheny County:

  • The US Environmental Protection Agency (US EPA) enforces the Clean Air Act. The US EPA "preempts" the PA Department of Environmental Protection (PA DEP);

  • PA DEP enforces the Air Pollution Act. In turn, the PA DEP has power over the Allegheny County Health Department (ACHD);

  • The ACHD enforces Article XXI, which sets out local rules for air regulation in our County.


Title, or chapter, V of the Clean Air Act sets the requirements all large or "major" sources of air pollution must follow as a condition of the "permit" issued by ACHD to pollute our air.



VCAN Board members Johnie Perryman (seated), Dave Meckel (red coat) and Art Thomas (blue & white hat) talk with Coke Works walk participants on October 12 at Montour Trail parking lot.


Why Does Health Department want to increase Fees: Background

In 2018, the US EPA issued a Title V Program Final Evaluation Report to the ACHD.  Findings included:

Extensive backlog of incomplete installation permits pending with US EPA;

Staff shortage of permit engineers to complete permits in timely manner; and

ACHD had based it's permit fees upon PA DEP's schedule.


After meeting with ACHD administrators and staff, the US EPA Report required the ACHD to take the following actions:

·         Eliminate the backlog of Title V permit applications;

·         Increase the number of permit engineers and administrative on staff;

·         Improve data management systems and data entry process; and

·         Ensure collected fees are sufficient to fund the Title V program.



In May, 2024, the Allegheny County Controller’s office released the results of an audit of the ACHD, conducted during 2023 .  The Breathe Project website has a link. The first three purposes of this audit were:


  •  To determine whether all air-quality-related penalties assessed by the ACHD are being

  • collected,

  • To determine whether all air-quality-related penalties collected by the ACHD are being

  • deposited in the Clean Air Fund as required by Article XXI,

  • To determine whether any Clean Air Fund resources have been diverted to other funds and

  • used for inappropriate purposes.


The audit found that ACHD had access to three different accounts to hold money collected from polluters.

  1. Title V of the Clean Air Act requires major sources of air pollutants to obtain and operate in compliance with an operating permit. The Title V Permit Fund was established under the major operating permit program for the deposit of all emission fees, related interest and other fees required by the Title V of the Clean Air Act. The fees and related interest collected can only be used to fund the costs of developing and regulating Title V facilities.


  1. A second fund, created by Section 2109.08, is called the Allegheny County Pollution Control Fund (PCF). According to the ACHD Article XXI Section 2109.08, the PCF is a

    restricted fund and receives monies as a result of fees, related interest and all other related funds, including, but not limited to, related administrative charges and reimbursements for costs in accordance with the Air Pollution Control Act. Title V funds are not deposited into this account.

    Disbursement of monies from this fund is to be utilized solely to cover all reasonable costs incurred by the ACHD and required to develop and administer the County’s Air

    Pollution Control program, other than those portions of the program required by Title V of the Clean Air Act.


  2. A third fund, created within Section 2109.09 of Allegheny County's Article XXI, established the Allegheny County Clean Air Fund (CAF). The CAF is primarily the source of ACHD grants to local organizations and government bodies to attempt to reduce the effects of air pollution. No more than 5% of this CAF may be used to pay for the "normal operating costs of the ACHD Air Quality Program."



The audit's findings included:

  • millions in CAF resources that could be used to conduct air quality projects remain unused while Allegheny County remains in Nonattainment of Air Quality Standards;


  • penalties collected that were required to be deposited in the

    Clean Air Fund were deposited in the Air Pollution Control Fund

    which finances regular operating costs of the ACHD Air Program.


This past week, the Post Gazette released an excellent article on the County's proposed fee increase.


Next Steps:

Please join us this Tuesday (12-10) via zoom to discuss the merits of this request for fee increase and plans to attend and present public comment at Council's 12-7 Meeting. Tom Bailey, VCAN Secretary 412.614.0227



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Valley Clean Air Now is a community-led movement for a better future. 

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