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LTV plan for repair of plant criticized Arbitrator sides with union, but says she has no remedy Monday, February 16, 1998 By Jim McKay, Post-Gazette Staff Writer
The wrangling between LTV Corp. and the United Steelworkers union over whether the steelmaker can close its Hazelwood coke works isn't over yet -- despite a second ruling by an arbitrator.
Arbitrator Elizabeth Neumeier, brought in under the company's contract with the USW, yesterday ruled that LTV had violated a decision she made last month in a union grievance over the company's plans to shut the 750-employee plant, but, she said, she was unable to suggest a remedy.
LTV has been pushing since last summer to close the complex of brick ovens that are used to bake coal into coke, a blast furnace fuel, contending it would be too expensive to rebuild or substantially repair it to meet Clean Air Act regulations it is violating.
On Jan. 12, Neumeier ordered LTV to submit a plan to the U.S. Environmental Protection Agency on what might reasonably be done to bring the plant closer to compliance with Clean Air standards short of major reconstruction.
The union complained that the proposal LTV subsequently submitted on Jan 20 was a sham and failed to consider employee suggestions to improve environmental performance. The union contends the plant could be repaired at a cost much less than the company's $400-million-plus estimate to rebuild.
Yesterday, Neumeier ruled that LTV was wrong when it failed to meet with the union and consider its suggestions while preparing the report that it filed with the EPA.
Neumeier, however, said there was no remedy for that violation. She suggested that LTV consider employee suggestions toward improving the plant's environmental operations, but said the company is not obligated to adopt any that it finds counterproductive.
The arbitrator did direct LTV to clarify statements that it made in its EPA proposal admitting that the maintenance items it was willing to do would not bring the plant into full compliance with the law.
She said the statements "effectively removed" the EPA's ability to exercise discretion in considering whether the company's proposal would be sufficient to allow the plant to operate.
LTV yesterday afternoon amended the plan it filed with the EPA by stipulating that two statements it made contending that the plant would violate air standards were the company's opinions and not statements of fact.
"That's all the action she required of us," LTV spokesman Mark Tomasch said.
Toamsch said he hoped the ruling would permit the EPA to make a speedy decision on whether it will accept or reject the company's compliance plan. LTV has asked for a decision by Feb. 20.
Patrick Boyle, an EPA spokesman, said the union has requested one more meeting to discuss the case. He said the EPA is willing to meet and consider any proposal to bring the coke works into compliance with the Clean Air Act.
"EPA is concerned with the deteriorating condition of the plant and the impact on air quality in the surrounding community, and feels that pollution issues at the facility must be addressed immediately," Boyle said.
Leo Gerard, USW secretary-treasurer, said the arbitrator's ruling vindicated the union's position that the company "set out to fail" when it submitted the proposed compliance plan.
"Our members and the community should be outraged that LTV violated the (Jan. 12) award and the spirit of the award," Gerard said. "LTV's proposal was designed for automatic rejection. LTV took its opinion and tried to convert it to fact."
Gerard said the union would try to meet with LTV "24 hours a day" over ways the plant could be brought into compliance with clean air rules. He suggested that the plant could be overhauled with the money that has been accumulating in proposed fines since the EPA cited LTV for violations last March.
An equipment failure has forced the plant to operate 19 of its 250 coking ovens without pollution controls with the permission of federal regulators. Residents are complaining of increased odors and black soot.
Vince Mackewich, president of the Hazelwood plant's local union, said workers are interested in the community's welfare and want the company to make repairs necessary to bring the plant into compliance.
Gerard also said the union has reason to believe that the increased emissions are "not an accident," suggesting that LTV is orchestrating the plant's bad environmental performance to gain public sympathy for its closure plans.
Tomasch said the company has not slacked off on maintenance and in trying to comply with the Clean Air Act and the other air-related standards of Allegheny County.
"The plant is very old and it has deteriorated and that deterioration is making consistent compliance very difficult,' he said. "Suggestions that we would voluntarily foul the air of the community are unconscionable."
Staff writer Don Hopey contributed to this report.
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