2019.05.02 U.S. Steel CERCLA NOI FINAL

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1 1000 Vermont Avenue NW Suite 1100 Washington, DC 20005 202 296 T 8800 202 296 F 8822 environmentalintegrity.org May 2 , 2019 Kurt Barshick General Manager U.S. Steel Mon Valley Works P.O. Box 878 15122 Dravosburg, PA B . Burritt David President and CEO U.S. Steel Corporation 33rd Floor 600 Grant Street , Pittsburgh, PA 15219 Via Certified Mail, Return Receipt Requested Re: Notice of Intent to Sue United States Steel Corporation for Violation of Section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act Dear hick and Mr. Burritt : Mr. Bars write on behalf of the Environmental Integrity Project, the Breathe Project, and Clean We Air Council to provide you with notice of their intent to file suit against United States (“Parties”) Steel Corporation (“ USS ”) for vio lation of the Comprehensive Environmental Response, ’s in Valley Works facilities Compensation, and Liability Act ( “ CERCLA ” ) at USS Mon Allegheny County, Pennsylvania (“ Mon Valley Works ”) , including the Clairton Plant, in the city the nearby Irvin Plant in West Mifflin, Pennsylvania , and the Edgar of Clairton, Pennsylvania, . Thomson Plant in Braddock, Pennsylvania USS has violated section 103(a) of CERCLA by its failure to immediately notify the U.S. National Response Center Coast Guard (“NRC”) as soon as USS had knowledge of its daily , unpermitted hydrogen sulfide, benzene releases of and coke oven emissions , all of which are and none of which were hazardous substances in exceedance of the reportable quantity threshold . federally permitted releases exempt f rom reporting not reported these releases USS has To date, had s ince USS first NRC knowledge of the daily releases exceeding t he reportable quantities to on December 24, 2018. By failing to comply with section 103(a)’s emergency notification requiremen ts, USS has injured the health, environment , aesthetic, and economic interests of Parties and their al members. These injuries or risks are traceable to USS ’s violations at the Mon Valley Works , and correcting injuries and risks. and preventing future such violations will redr ess Parties’ 1

2 In accordance with s ection 310(a)(1) of CERCLA, this letter hereby notifies you that intend to file suit in the U.S. District Court for the Western District of Pennsylvania any Parties . service of this letter time beginning sixty (60) days after BACKGROUND I. operates the Mon Valley Works in Allegheny County. The Mon Vall ey Works USS Plant includes the Clairton in Clairton, Allegheny County, Pennsylvania , the at 400 State Street Irvin Plant, located off Camp Hollow Road in We st Mifflin, Allegheny County, Pennsylvania, and the Edgar Thomson Plant, located at 13th Street and Braddock Avenue in Braddock, Allegheny County, Pennsylvania. Plant is the largest by - products coke plant in North America. The Clairton It operates nine coke batteries and produces approximately 10,000 tons of coke per day from the destructive distillation of more than 16,000 tons of coal. The coke produced is used in the blast furnace operations in the production of molten iron for steel making. The proc ess of creating the coke 1 produces approximately 215 million cubic feet of coke oven gas The Clairton Plant normally . before its use rough its by - products processes this coke oven gas as fuel gas, including th 2 , s light oil and the desulfurization plant, which recovery plant, which removes volatiles such a 3 . removes sulfur from the coke oven gas T he processed coke oven gas is used as fuel for 4 processes across the three Mon Valley Works facilities. The Irvin Plant is a secondary steel processing facility. It receives steel slabs and performs one of several finishing processes on those slabs. The facility includes four coke oven 5 gas flares and four natural gas - /coke oven gas - fired boilers. - The Edgar Thomson Plant is an iron primarily produces and steel - making facility that steel slabs from raw materials such as coke, iron - . There are three bearing materials, and fluxes Riley boilers at the Edgar Thomson Plant, which are used to generate steam, heat, and electricity 1 See Allegheny County Health Dep’t, U.S. Steel Clairton Works Title V Operating Permit No. 0052, at 5 (issued Mar. 27, 2012) [hereinafter Clairton Operating Permit], available at - pgh.org/wp - content/uploads/2014/05/U. - S. - Steel https://gasp Clairton - Works.pdf. - 2 Id. at 5, 188; Letter from Michael S. Rhoads, USS , to Jayme Graham, ACHD 2 (Jan. 7, 2019) [hereinafter Jan. 7 Letter], http://pacokeovens.org/wp - content/uploads/2019/01/4. - available at US - Steel - First - Mitigation - Report.pdf. Light oil is primarily comprise d of benzene (between 60 and 85 percent), along with toluene and xylene. See Benzene Emissions from Coke By - EPA, 3 - 34 - Product Recovery Plants: Background Information for Proposed Standards - 35 (May 3 available at https://nepis.epa.gov/Exe/ZyPURL.cgi ?Dockey=00002ASU.txt. 1984), 3 See Clairton Operating Permit, supra , at 5 ; Jan. 7 Letter, supra , at 2. 4 See Jan. 7 Letter, supra , at 2 5 See Allegheny County Health Dep’t, U.S. Steel Mon Valley Works – Irvin Plant Title V Operating Permit No. 0050, at 4 (issued Dec. 9, 2016) [hereinafter Irvin Operating Permit], tvopr.pdf . available at https://gasp - pgh.org/wp - content/uploads/uss - irvin - 2

3 for the plant. r these boilers are blast furnace gases, coke oven gas, and The three primary fuels fo 6 natural gas. Plant caused the shutdown of the No. 2 and On December 24, 2018, a fire at the Clairton , which process coke oven gas to remove light oil — consisting of benzene No. 5 Control Rooms 7 — and sulfur, respectively . an d other volatiles he No. 2 control room recovers light Specifically, t oil from the coke oven gas stream and “separate[s] and concentrate[s] the acid gas components in 8 en gas.” This small fraction of the coke oven gas stream into a small fraction of the coke ov coke oven gas containing high - sulfur acid gas then flows from the No. 2 control room to the No. 9 Without the No. 2 control room’s separation and 5 control room for sulfur removal. concentration of acid gas components and its direct connection to the No. 5 control room, the 10 facility cannot operate the No. 5 control room’s desulfurization process. As a result of USS tion of the Clairton Plant’s coke oven batteries in ’s continued opera coke oven the shutdow USS spite of used unprocessed n of those control rooms, generated and gas as fuel at the Clairton Plant and also sent this unprocessed coke oven gas to the Edgar 11 USS nts . Thomson and Irvin Pla Since the fire, for combustion and use as fuel continued to operate the Clairton Plant’s coke oven batteries, generate coke oven gas, combust this coke oven gas without first pr ocessing it to remove sulfur, light oil, and other pollutants , and r elease hazardous substances into the ambient air from the Clairton Plant, the Irvin Plant, and the Edgar 12 Thomson Plant . II. HAS VIOLAT ED CERCLA SECTION 103(A) BY FAILING TO USS REPORT RELEASES OF HAZARDOUS SUBSTANCES Applicable Requirements A. Section 103(a) of CERCLA requires that any person in charge of a facility “shall, as soon as he has knowledge of any release (other than a federally permitted release) of a hazardous than those determined substance from such vessel or facility in quantities equal to or greater pursuant to section 9602 of this title, immediately notify the National Response Center.” 42 Based on that notification, “[t]he National Response Center shall convey the U.S.C. § 9603(a). e Government agencies, including the Governor of any notification expeditiously to all appropriat Id . affected State.” 6 See Allegheny County Health Dep’t, U.S. Steel Edgar Thomson Plant Title V Operating Permit No. 0051, at 4 (issued Apr. 13, 2016) available [hereinafter Edgar Thomson Operating Permit], - - pgh.org/wp at content/uploads/uss https://gasp et - tvop.pdf. - 7 Jan. 7 Letter, supra , at 2. 8 Id. 9 Id. 10 Id. 11 See ACHD, Enforcement Order No. 190202, at 2 (Feb. 28, 2019) [hereinafter ACHD Order]. 12 Id. 3

4 CERCLA defines “facility” as “any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pon d, , ” lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft as well as “any site or area where hazardous substance has been deposited, stored, disposed of, or include any consumer product in consumer placed, or otherwise come to be located; but does not any vessel.” use or 42 U.S.C. § 9601(9 ). “Release” means “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant).” 42 U.S.C. § 9601(22). “Environment” is broadly defined as “the navigable wate rs, the waters of the contiguous zone, and the ocean waters,” and “any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.” 42 U.S.C. § 9601(8). “Federally permitted release,” in relevant part, includes “any emission into the air subject to a permit or control regulation under section 111, section 112, Title I part C, Title I part D, or S tate implementation plans submitted in ac cordance with section 110 of the Clean Air Act . . . including any schedule or waiver granted, promulgated, or approved under these ) sections.” 42 U.S.C. § 9601 (10) ( h (internal citations omitted) . ” As provided by the U.S. Environmental Protection Agency’s ( “ EPA ) regulations under CERCL A, the reportable quantity for is 100 pounds , the reportable quantity for hydrogen sulfide , and the reportable quantity for coke oven . emissions is 1 pound benzene is 10 pounds 40 C.F.R. § 302.4, Tbl. 302.4. Under CERCLA s ection 103(f), the typical reporting requirements do not apply to “a continuous release, stable in quantity and rate ,” provided the person in charge makes certain 13 42 U.S.C. § 9603(f). other notifications. EPA’s regulations under CERCLA define “continuou s release” as “[a] release that occurs without interruption or abatement or that is ” routine, anticipated, and intermittent and incidental to normal operations or treatment processes. .8 (b). “Stable in quantity and rate” is defined as “a re 40 C.F.R. § 302 lease that is predictable and regular in amount and rate of emission.” Id . Under section 310 of CERCLA, “any person may commence a civil action on his own behalf . . . against any person . . . who is alleged to be in violation of any standard, regulation, 13 Once the person in charge establishes “sound basis” for qualifying the release for continuous release reporting, the person must make initial telephone notification to the National Response Center, identifying “the notification as an initial continuo us release notification report.” 40 C.F.R. § 302.8(c)(1), (d). Thereafter, within 30 days of the initial notification, the person in charge must submit an initial written report to the EPA Regional Office, as well as state and local authorities. 40 C.F. R. § 302.8(c)(2), (e). Then within 30 days of the first anniversary of the up report to the EPA initial written report, the person in charge must submit a written follow - Regional Office. 40 C.F.R. § 302.8(c)(3), (f). 4

5 condition, requirement, or order which has become effective pursuant to thi s chapter.” 42 U.S.C. Prior to the commencement of the citizen suit, the potential plaintiff must provide § 9659(a). notice of sixty days to the alleged violator, the government of the state in which the violation . 42 U.S.C. § 9659(d)(1) occurs, and EPA. Section 109 of CERCLA, as adjusted by the Civil Monetary Penalty Inflation Adjustment Rule , authorizes penalties of $55,907 per day for violations of CERCLA section 103(a) $57,317 per day for violation s on or after January 15, occurring before January 15, 2019, and See 42 U.S.C. § 9609(b) ; 40 C.F.R. § 19.4, Tbl. 2 2019. , 2,059 (Feb . 6, , 84 Fed. Reg. 2,058 2019) . Failed to Notify the NRC Immediately B. of Hazardous Releases above USS , as Required by CERCLA Section 103(a) Reportable Quantities On December 2 4, 2018, USS ’s Clairton Plant experienced a fire that required the immediate shutdown of the No. 2 and No. 5 Control Rooms , which are responsible for the . As a result of USS ’s continued removal of light oil and sulfur from raw coke oven gas he Clairton Plant without the operation of t USS processing provided by these control rooms, combusted unprocessed c oke oven gas as fuel or through flares at the Clairton Plant, the Edgar Thomson Plant, and the Irvin Plant . This caused release s of coke oven gas , hydrogen sulfide, from all three plants benzene, and other into the ambient air hazardous components . As a consequence of USS ’s failure to report these hazardous releases to the NRC , only s elect informa tion is available to the public regarding the full ex tent of releases, including their hazardous constituents, amounts, and emissions rates. These releases started on the date of the fire, , December 24, 2018 and occurred for at least the 10 2 days , during which time USS operated its coke oven batteries, generate d subsequent ed and released this coke oven gas without first processing it to coke oven gas, and combust remove sulfur and other pollutants. On April 4, 2019, the Allegheny County Health Department “ ACHD ” ) reported that it received notification from USS “ that 100% desulfurization equipment ( 14 .” is back online and is fully operational at its Clairton Coke Works facility e operation of Th ’s facilities without the to be pollution control devices caused hazardous substances USS proper for at least 102 days . released into the ambient air information and data from the ACHD and reasonable inferences, Parties believe Based on that these releases include d unpermitted emissions of hydrogen sulfide , benzene, and coke oven Based on gas in amoun ts that exceed the reportable quantit ies for the se hazardous substances. , recent reports, information, and data, Parties also believe that certain hazardous releases have continued since April 4, 2019, and may be continuing to the present. In an enforcement order dated February 28, 2019, ACHD reported that a cross all three Mon Valley Works facilities, USS emitted 74,099.81 pounds of s ulfur d ioxid e on January 29, 15 2019. These releases occurred 36 days ributed to the after the fire and can therefore be fairly att 14 Press Release, ACHD, Dr. Hacker Statement Regarding Clairton Coke Works Repairs See (April 4, 2019), available at https://www.alleghenycounty.us/news/index.aspx. 15 5. - See ACHD Order, supra , at 4 5

6 continued daily operation of the facilities without proper pollution - control equipment rather than representative event. ACHD compared these emissions to data from several days before - to a non - the fire and found that the 74,099.81 pounds of fire sulfur dioxide emissions exceeded the pre emissions (2,118.18 pounds of sulfur dioxide) by a factor of 35. these releases were: The specific sources to which ACHD attributed At the Clairton Plant :  Underfire for Batteries 1 through 3, 13 15: 8,166.31 lbs. ; o - Underfire for Batteries 19, 20, B, C: ; o 15,082.00 lbs. 3,731.33 lbs. ; o Clairton Boilers (A Line): 0 lbs. o ; Clairton Boilers (B Line): At the Irvin Plant  : Irvin HSM (Hot Strip Mill) and Boilers 1 through 4: ; 2,109 lbs. o Irvin Galvanizing Line, H o PH (High Pressure Hydrogen), OCA (Open Coil 271.92 lbs. ; Annealing), CA (Continuous Annealing): o 40,132.79 lbs. ; and Irvin COG (Coke Oven Gas Flares) and Flares: :  At the Edgar Thomson Plant 16 Edgar Thomson Boilers and “Misc”: o lbs. 4,605.98 Based on the emissions of these sources, ACHD attributed 26,979.64 pounds of the sulfur dioxide emissions to the Clairton Plant, 42,514.19 pounds to the Irvin Plant, and 4,605.98 pounds 17 to the Edgar Thomson Plant. Based on these emissions figures, air monitoring data, Parties believe as well as ambient US Steel released and may be continuing to release hydrogen sulfide, benzene, and coke that ties and not otherwise authorized as federally permitted ti oven gas above reportable quan releases. USS 1. Released Hydrogen Su lfide in Amounts Greater than the Reportable Quantity T he Mon Valley Works facilities released hydrogen sulfide above the reportable three quanti t y of 100 pounds per day from the sources listed above. See 40 C.F.R. § 302.4, Tbl. 302.4. 18 As provided in detail below, none of these releases are federally permitted releases. Given that s ulfur dioxide emissions are a product of the Mon Valley Works facilities’ on of hydrogen sulfide, one can estimate the original amount of hydrogen sulfide and combusti the ultimate released amount by molecular balance using the substances’ molar masses and an a ssumed destruction efficiency. Conservatively assuming a destruction efficiency of 99 percent 16 Id. at 4 - 5. 17 Id. 18 infra Part II.B.4. See 6

7 across all facilities and control devices — are which is high ly unlikely, given that the emissions - from many sources and not just efficiency flare s and given observations as to destruction high - 74,099.81 pounds of sulfur — certain flares’ sporadic operation the facilities’ emissions of mean they also relea sed dioxide 39 8.18 pounds of hydrogen sulfide per day. Using a total - - source breakdown, this means the Clairton Plant released 14 4 . by pounds per ACHD’s source 78 , the Irvin Plant released 228. 1 4 the Edgar Thomson Plant released per day , and day 24.7 2 pounds 19 per day . pounds USS’s coking and desulfurization process monthly reporting of the Clairton Plant’s 20 during Starting from the information January and February 2019 supports these conclusions. average flow rate of coke oven gas produced for each month (160.2 MM s cf for January, daily f for February), multiplying this by the monthly average concentration of hydrogen 161.9 MMsc sulfide in the coke oven gas (136 grains/dscf for January, 144.6 grains/dscf for February), and day, one again can assume 99 percent destruction efficiency to estimate converting to pounds per 21 an For January 2019, these releases are releases of hydrogen sulfide across all three plants. estimated pounds per day , and for February 2019, these are an estimated 334.44 po unds 311.25 per day . These estimates agree well with the total 398.18 pounds per day , as calculated above from the reported sulfur dioxide emissions . By count — in the aggregate emission s across all three facilities, in the individual any the Clairton Plant and the Irvin Plant , or in the total emissions calculated emissions attributed to USS released hydrogen sulfide above the reportable quantity of from the monthly reporting — 100 pounds per day. USS Released Benzene in Amounts Greater than the Reportable Quant ity 2. he facilities T also released well over the 10 - pound three Mon Valley Works reportable quantity of benzene. 40 C.F.R. § 302.4, Tbl. 302.4. As provided below, none of these releases 22 are federally permitted releases. Starting again from the data ACHD provided in its enforcement order, all three Mon 23 Valley Works facilities released 74,099.81 pounds of sulfur dioxide. Based on these known — USS ’s account are a result of the shutdown of the Nos. 2 emissions of sulfur dioxide which by and 5 control rooms and their processes — there are several methodologies to estimate the facilities’ benzene emissions. 19 at 5. Id. 20 See USS, Monthly Report to Allegheny County Health Department: Coke Plant Operation Data, USS Clairton Works (Jan. 2019) [hereinafter Clairton Plant Jan. 2019 Report]; USS, Monthly Report to Allegheny County Health Department: Coke Plant Operation Data, USS C lairton Works (Feb. 2019) [hereinafter Clairton Plant Feb. 2019 Report]. 21 See Clairton Plant Jan. 2019 Report, supra , at 2, 3; Clairton Plant Feb. 2019 Report, supra , at 2, 3. 22 See infra Part II.B.4. 23 - 5. Id. at 4 7

8 First, in AP - 42 emissions factors for coke production , Table 4 - 13 provides EPA’s , expressed both in factors for uncontrolled emissions factors for bypassed coke oven gas 24 emissions and emissions from flaring bypassed coke oven gas EPA explains that Table 4 - . 13 is based on data that: were generated to provide estimates of emissions of various compounds when the raw coke oven gas is bypassed directly through a bleeder stack and not sent to the . The composition of byproduct plant for recovery of tar and other byproducts he same as the raw coke oven gas that leaks from this gas should be similar to or t 25 doors, lids, and offtakes. he Table 4 - That is , t 13 emissions factors are based on operating conditions that reflect the ant : the circumstances following shutdown of the Nos. 2 and 5 control rooms at the Clairton Pl 26 products recovery processes. bypass of coke oven gas from the by In fact , the basis for the - - 13 emissions factors is a “m emorandum [that] provides additional data submitted by Table 4 27 Clairton to EPA Region III on the composition of raw coke oven gas. ” USS Table 4 13 estimates both uncontrolled and flared emissions of bypassed coke oven gas . - For flared emissions, the table estimates 0.22 pounds of benzene emissions and 13 pounds of 28 emissions per ton of coal . estimate that the Clairton Plant Applying ACHD’s sulfur dioxide conducts “the destructive distillation (carbonization) of more than 16,000 tons of coal” per day, the flaring of the bypassed coke oven gas resulted in an estimated 3,520 pounds of benzene 29 This is clear ly above emissions per day. the reportable quantity of 10 pounds per day. Using USS’s monthly reporting of actual coal the Clairton Plant charged in January and February 2019 supports this estimate. According to the reports, the Clairton Plant charged 30 p er day in January 2019 and 13,043 tons of coal per day in February 2019. 13,311 tons of coal 24 Emission Factor Documentation See EPA, for AP - 42 : Section 12.2 , Coke Production 4 - 152 Tbl. 4 - AP - 42 Coke Production ], available at 13 (May 2008) [hereinafter https://www3.epa.gov/ttnchie1/ap42/ch12/bgdocs/b12s02_may08.pdf 25 Id. at 4 - 8 (describing “Reference 10”) (emphasis added) . 26 Jan. 7 Letter, supra , at 2 (“The emergency shutdown of the Nos. 2 and 5 control rooms See - supra requires the by , at 2 pass of coke oven gas to the downriver system.”); ACHD Order, n gas away from (“The shutdown of these two control rooms resulted in the diversion of coke ove - products operation.”). the desulfurization process of the facility’s by 27 AP - 42 Coke Production , supra , at 4 - 8; id. at 4 - 286 (“Memorandum from Ackerman, E., USEPA Region III, to A. Agnew, EPA/OAQPS. Transmitting information on bypassed cok e oven gas. April 8, 1991.”). EPA assigned a “D” rating to these emission factors, which means they are not particularly reliable for predicting emissions from coke ovens throughout the industry . Id. at 4 - 8. But the data in Table 4 - 13 is based on test results from the Clair t on Plant , which makes them more useful in predicting emissions from coke oven gas generated at that facility. 28 Id. at 4 - 152 Tbl. 4 - 13. 29 See ACHD Order, supra , at 1 - 2. 30 . , at 2 See Clairton Plant Jan. 2019 Report, supra , at 2; Clairton Plant Feb. 2019 Report, supra 8

9 Using Table 4 - 13’s flared emissions estimate of 0.22 pounds of benzene per ton of coal, this , 2 day in January 2019 and 2,869.5 pounds per day in Febr uary 8.4 pounds per 92 corresponds to 31 These estimates of daily benzene emissions agree well with the estimate of 3,520 2019. pounds per day, as based on the estimated 16,000 tons of coal charged per day, and clearly exceed the reportable quantity of 10 pounds per day. olo gy Another m of estimating benzene emissions is to apply the ratio of the Table ethod - 4 13 factors (0.22 pounds of benzene to 13 pounds of sulfur dioxide) to the facilities’ reported facilities’ release of ounds of emissions of sulfur dioxide. Based on this ratio, 74,099.81 p the 32 . This is also well above the 10 - sulfur dioxide would correspond to 1,254 pounds of benzene Using ACHD’s source - - pound reportable quantity. source breakdown of the emissions, e ach by of the three facilities also individually surpasses the reporta for benzene : 45 7 pounds ble quantity from the Clairton Plant, 719 pounds per day per day from the Irvin Plant, and 78 pounds per day 33 from the Edgar Thomson Plant. methodology would be to apply the emissions limits of the Clairton Plant — One final tons per year of benzene 54.0 and 3,694.0 tons per year of sulfur dioxide — as a ratio to estimate 34 Based on this from the benzene emission sulfur dioxide emissions. s 74,099.81 pounds of methodology, all three plants emitted 1,083 pounds of benzene per day — also well above the reportable quantity. This is also true using ACHD’s source - by - source breakdown for emissions by plant: 394 pounds per day from the Clairton Plant, 621 pounds per day from the Irvin Plant, and 67 pounds per day from the Edgar Thomson Plant. Direct measurements of a air data supports using the sulfur dioxide emissions as a mbient benzene and sulfur dioxide . In a dataset consisting of samples correlation for benzene emissions between February 28 and March 26, 2019, taken at a site in Glassport the days with the highest 35 values for benzene and sulfur dioxide regularly corresponded with each other. By of these methodologies, it is apparent that USS has continually released benzene any from all three of the facilities well above reportable quanti ties. 3. USS Released Coke Oven Emissions in Amounts Greater than the Reportable Quantity With respect to coke oven emissions, there is little doubt that t he facilities released coke oven emission s in quantities well above the one - pound per day reportabl e quantity. 40 C.F.R. § 36 302.4, Tbl. 302.4. As provided below, none of these releases are federally permitted releases. 31 AP - 42 Coke Production , supra at 4 - 152 Tbl. 4 - 13. , 32 ACHD Order, supra , at 4 - 5. 33 Id. 34 See Clairton Operating Permit, supra , at 258 Tbl. VII - 1. 35 n and Technology Empowerment See Carnegie Mellon Univ. Community Robotics, Educatio (CREATE) Lab Dataset (Feb. - March 2019) [on file with Parties]. 36 infra Part II.B.4. See 9

10 USS Based on the facts that diverted coke oven gas from the by - products plant to a flared and otherwise combusted and variety of sources across the three facilities where it was an estimated 1,000 pounds that these releases resulted in 74,099.81 pounds of sulfur dioxide and of benze released coke ne, as provided above, it is on Parties’ information and belief that USS oven emissions in daily quantities that exceeded the one - pound reportable quantity for coke oven emissions. USS ’s Releases of Hydrogen Sulfide, Benzene, and Coke Oven Emissions are 4. Not Federally Permitted Releases he federally permitted release exemption does not relieve of the duty to have T USS of these three hazardous substances , as the releases of these three reported these releases . hazardous substances were no 42 U.S.C. § 9601(10)(h), 9603(a). t federally permitted See permits authorize emissions of any For hydrogen sulfide, none of the three facilities’ 37 W hile the three facilities’ permits impose a facility - wide hydrogen sulfide throughput amount. 35 grains/100 dscf for any coke oven gas produced at the Clairton Plant to be flared, limit of facilities, three clearly exceeded this limit while the mixed, or combusted at the USS 38 desulfurization equipment was offline. On January 29, 2019, the average daily gra ins were 100.28 for Batteries 1 through 3 and 13 through 15 and 161.97 for Batteries 19, 20, B, C at the 39 Clairton Plant, exceeding the /100 dscf many times over. 35 grains limit of For coke oven none of the facilities’ emissions permits authorize the emi ssion of any , 40 of coke oven gas issued in September 2017 for the . amount In fact , the Installation Permits Clairton Plant require that “the permittee shall not and the Edgar Thomson Facility expressly manner that unburned coke oven gas is operate, or allow to be operated, any source in such 41 emitted into the open air.” o the extent the permits can be construed as In the alternative, t ing some emissions from the flar ing or combust ion of coke oven gas, the permits prohibit allow “u nless the concentration of sulfur compounds, measured as hydrogen any flaring or combustion sulfide, in such gas is less than or equal to 35 grains per hundred dry standard cubic feet of coke 37 supra See Clairton Operating Permit, supra , at 258 Tbl. VII - 1; Irvin Operating Permit, , at 94; Edgar Thomson Operating Permit, supra 107 Tbl. VII - 1. , at 38 ACHD Order, supra , at 4 (“U.S. Steel has acknowledged an exceedance of the H2S limit See of 35 grains/100 dscf (grains per hundred dry standard cubic feet).”). 39 Id. 40 See Clairton Operating Permit, supra , at 258 Tbl. VII - 1; Irvin Operati ng Permit, supra , at 94; Edgar Thomson Operating Permit, , at 107 Tbl. VII - 1. supra 41 ACHD, U.S. Steel Mon Valley Works Clairton Plant Installation Permit No. No. 0052 - I017, at 18 (issued Sep. 14, 2017) [hereinafter Clairton Installation Permit]; ACHD, U.S. Steel Mon I006, at 18 (issued Sep. Valley Works Edgar Thomson Plant Installation Permit No. No. 0051 - 14, 2017) [hereinafter Edgar Thomson Installation Permit]. 10

11 42 oven gas.” As provided above, the coke oven gas combusted and flared at all three facili ties 43 exceeded this limit many times over while the desulfurization equipment was offline. neither the permits for the Irvin Plant nor the Edgar Thomson Plan For benzene, Plant’s Operating P he is the only of the Clairton authorize any emissions of benzene. T ermit 44 emission of benzene , with a limit of 54 tons per year . three that However, the authorizes any sources in the by products recovery Operating Permit only authorizes these emissions from “ - 45 ntrol room Given that this area — namely the No. 2 co .” — offline and that all area was unprocessed coke oven gas elsewhere for emissions of benzene resulted from the diversion of none of the emissions of benzene from the Clairton Plant — or any of the combustion or flaring, — three plants ted. were federally permit None of the facilities’ hazardous releases described above were federally permitted, and was required to report all such releases under CERCLA section 103. therefore USS 5. Failed to Report Hazardous Releases to the NRC USS USS likely rele ased reportable quantities of at least three Although hazardous substances from its three facilities for at least 102 days USS has yet to make a single report of these releases , NRC as required by section 103(a) of CERCLA. to the As of the date of this letter, the re are no 46 reports from regarding these releases of hazardous substances. The only two reports USS pertaining to any of the Mon Valley Works facilities are one report on February 4, 2019, reporting a discharge of light oil onto the ground due to unknown c auses and one report from a citizen on March 15, 2019, reporting emissions of hydrogen sulfide, sulfur dioxide, and volatile 47 organic compounds resulting from the fire and shutdown of the control rooms. Additionally, has not taken any steps to report these releases pursuant to the USS exemption, which requires as a first step that the person in charge make continuous release “initial telephone notification” to the NRC. 40 C.F.R. § 302.8(c)(1), (d) . Furthermore, USS is uous release exemption for these episodic releases because its releases ineligible for the contin are not continuous, are not stable in quantity and rate, do not occur without interruption or abatement, and are not routine, anticipated, intermittent. 42 U.S.C. § 9603(f); 40 C.F .R. § or 302.8. USS has violated and continues to violate CERCLA As demonstrated by these facts, 103(a)’s requirement that a person in charge of a facility immediately notify the NRC “as section 42 See supra , at 75; Edgar Thomson Operating Permit, supra , at 35; Irvin Operating Permit, ton Installation Permit, , at 18. Clair supra 43 See ACHD Order, supra , at 4. 44 See Clairton Operating Permit, supra , at 258 Tbl. VII - 1; Irvin Operating Permit, supra , at 94; Edgar Thomson Operating Permit, , at 107 Tbl. VII - 1. supra 45 See Clairton Operating Permit, supra , at 196. 46 http://www.nrc.uscg.mil/ (accessed See NRC , 2019 Reports Spreadsheet, available at May 1, 2019 ). 47 (Nos. 1236736, 1240193). Id. 11

12 soon as he has knowledge of any release of a hazardous substanc e” above a reportable quantity. . (a) had knowledge of these releases as of December 24, 2018 , but has yet USS 42 U.S.C. § 9603 USS . Therefore, has violated section 103(a) of CERCLA at NRC to report these releases to the least 306 times more times than that , given the number of facilities and other — and likely several — in its failure to report the releases of the three hazardous hazardous substances involved for each of the 102 days before it brought its desulfurization equipment substances noted above nline back o . As a further matter, t o the extent that USS ’s bringing the desulfurization equipment back s es above reportable quantities, U.S. Steel’s reporting online has not ended all hazardous relea h every such unreported relea violations continue to accrue wit se from April 4, 2019, to the present. This is all the more likely in light of recent data from ACHD air monitors and other spikes of sulfur dioxide and benzene on several days since April 4, 2019, monitors showing 48 and 19, 2019. including April 6, 7, 13, 14, 17, 18, In fact, EPA ranked the Liberty/Clairton 49 area as having the worst air quality index in the nation on the morning of April 23, 2019. PARTIES GIVING NOTICE III. The names, addresses, and telephone numbers of the parties giving notice are: Environmental Integrity Project Clean Air Council Breathe Project Energy Innovation Center 1000 Vermont Ave. NW 135 S. 19th Street Suite 1100 Suite 300 Suite 140 P Washington, DC 20005 1435 Bedford Avenue hiladelphia, PA 19103 (215) 567 - 8800 (202) 296 Pittsburgh, PA 15219 4004 - 5008 514 ) 412 ( - Adam Kron and Lisa Widawsky Hallowell are the counsel representing these parties. Their addresses and telephone numbers can be found in the signature blocks below. IV. CONCLUSION NRC By immediately upon having knowledge of unpermitted failing to notify the release of reportable quantit ies of hazardous substances , including hydrogen sulfide, benzene, s and coke oven emissions from the Clairton Plant, the Irvin Plant, and the Edgar Thomson Plant , USS an d continues to violate the reporting requirements of CERCLA section 103(a). violated , Parties intend to file suit to abate the Accordingly violations described above, ensure future es and costs of compliance with federal and state law, obtain civil penalties, recover attorneys’ fe litigation, and obtain other appropriate relief. 48 See Carnegie Mellon CREATE Lab, Environmental Sensor Data Repository, https:// esdr .cmucreatelab.org/browse (accessed May 1, 2019 ). 49 See screenshot of AirNow.gov (on file with Parties); see also EPA, AirNow Archives, May 1, 2019 ). https://airnow.gov/index.cfm?action=airnow.mapsarchivecalendar (accessed 12

13 If you have any questions regarding the allegations in this notice or believe any of the foregoing information may be in error, please contact either Adam Kron or Lisa Widawsky a at We would also welcome an opportunity to disc uss Hallowell the numbers listed below. resolution of this matter prior to expiration of the notice period if you are prepared to remedy the violations discussed above. r. Thank you for your prompt attention to this matte Adam Kron Senior Attorney (202) 263 - 4451 [email protected] Lisa Widawsky Hallowell Senior Attorney (202) 294 - 3282 [email protected] Environmental Integrity Project 1000 Vermont Avenue NW, Suite 1100 Washington, DC 20005 Attorneys for Environmental Integrity Project, Breathe Project, and Clean Air Council William P. Barr, Attorney General cc: U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D . C . 20530 - 0001 Andrew R. Wheeler, Administrator Environmental Protection Agency U.S. Office of the Administrator, Mail Code 1101A 1200 Pennsylvania Avenue N.W. Washington, D.C. 20460 Cosmo Servidio, Regional Administrator, Region III U.S. Environmental Protection Agency 1650 Arch Street 2029 Philadelphia, PA 19103 - 13

14 Josh Shapiro, Attorney General Pennsylvania Office for the Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 14

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