Due to the COVID-19 pandemic, the Environmental Protection Agency (EPA) has announced that it would be suspending all enforcement of environmental protections. The full announcement can be read here. The EPA’s announcement states that due to physical distancing guidelines and stay-at-home orders, companies may have difficulty keeping full staff in their facilities to ensure compliance and difficulty getting laboratories to analyze samples. Therefore, the EPA states that they are using their discretion to not enforce any violations of permits, consent decrees, or settlement agreements. That discretion is partially conditioned on the permitted facility making every effort to comply with the regulations. The entities must act responsibly to minimize the effects and duration of noncompliance, note any periods of noncompliance and how it was caused by the pandemic, and return to compliance as soon as possible.
This is not exactly a blank check allowing the polluters to do what they will, but it does create enormous potential for pollution. Businesses will surely know that EPA doesn’t have the manpower to prosecute every facility that violates their permits and that EPA will be limited to prosecuting only the most egregious of offenders. The EPA also makes it clear in the announcement that they will take the pandemic into consideration. While it’s too soon to know how this anti-enforcement approach will impact our air, water, and land, it’s a good time for regular citizens to use their essential outdoor time to take special note of environmental changes.
Environmental laws have not been suspended, but you need to be the eyes of the usual governmental enforcers. We want to remind everyone that our environmental laws aren’t just enforced by our federal or state governments, they can also be enforced by you. That’s right, every one of our environmental laws has a provision in it allowing everyday people to defend their environment when their government does not. Given all the outdoor time everyone has and the concerning implications of unchecked air and water pollution, if you are in good health, now is a great time to become a citizen scientist and help enforce environmental laws.
To help community leaders like you, we have put together this quick check list of what you can do to identify and take action on environmental violations in this critical time. After all, when we’re concerned about air pollution exacerbating the presence of the coronavirus in our air, we all have to contribute to safeguarding our environmental health.
how you can help defend your environment
1. Gather Evidence
See or smell something? Use your phone to take pictures or video of the problem. Note the time, the place, any description, the conditions and anything else you think is notable about the issue. See or smell the issue repeatedly? Make a log. We created this task list for environmental action last year for pipeline issues but many of the tasks remain the same and it might be useful to look over while out in the field!
There are some useful apps you can download on your phone to record sights and smells that are concerning like SmellPGH and the FracTracker app. For air quality concerns you can also check Purple Air Monitors Map and see if there are any air monitors in your area and whether or not they are picking up concerning levels of pollution. If you are in the Pittsburgh area you can also keep an eye on a few industrial polluters through the Breathe Project’s Breathe Cam. It is important to note that gathering evidence with these apps does not mean that the information is reported to the proper authorities. No matter what means of evidence gathering you use, you will need to present this evidence directly to the proper authority.
Stay safe, exercise social distancing and do not trespass!
2. Report Violations
You can still file complaints with the EPA and state agencies for violations of environmental laws. You can send them to the facility as well so that they know folks are paying attention. Below are some examples of violations and who you should report it to.
Chemical Spill
Pennsylvania – Spill reporting
Ohio – Spill Directory
Water pollution
Pennsylvania – PA DEP
Ohio – Ohio EPA Directory
Air pollution
Pennsylvania
Allegheny County Health Department
Philadelphia Air Quality Management
All others – PA DEP
Ohio – Ohio EPA Directory
These are just a few examples, if you have a concern that is not listed here and aren’t sure who to report it to, it is always best to report it to the state and federal environmental protection agencies. While your complaint may not lead to action on the agencies’ part, it will document your concerns with the proper authorities, which may be important later on.
3. Contact a local nonprofit or environmental group to help.
The best option for enforcement right now is to gather evidence and work with an environmental nonprofit, watershed association, or an environmental law firm like Fair Shake to take matters into your own hands. Here is a list of some groups in our service area.
Center for Coalfield Justice
Mountain Watershed Association
Trout Unlimited PA
Trout Unlimited Western Reserve Chapter (Ohio)
Sierra Club OH
Sierra Club PA
Izaak Walton League (local chapters here)
Protect Penn Township
Protect Elizabeth Township
Freshwater Accountability Project
Clean Air Council
Clean Water Action
Group Against Smog and Pollution (GASP)
Valley Clean Air Now
Allegheny County Clean Air Now
Buckeye Environmental Network
Ohio Valley Environmental Coalition
Southwest PA Environmental Health Project
Breathe Project
Breathe Project also provides an extensive list of Pittsburgh area organizations here.
There is a lot to digest here, and this may be too much for any one person to take on alone yet too risky to do in a large group (it is most important that you are staying safe and practicing social distancing at all times). Don’t be afraid to lean on us if you need help. If you think that a facility near you is taking advantage of the EPA’s moratorium on enforcement, give us a call and we can give you some more guidance on what we would need to file a case.
