On April 15, DEP Secretary Patrick McDonnell wrote to a coalition of environmental groups from across the state saying in spite of the COVID-19 pandemic, DEP will continue its work to enforce all environmental laws saying-- “we cannot allow one public health crisis [to] lead to another.”

The environmental groups expressed concern about an EPA temporary enforcement policy issued on March 26 that would set aside enforcement of certain environmental regulations if they are prevented from doing so by the COVID-19 pandemic.

In a letter to Secretary McDonnell, the groups said-- “Our organizations write on behalf of our hundreds of thousands of members in Pennsylvania, who, like all Pennsylvanians, depend on fair and consistent enforcement of pollution control rules to protect our families, properties, and communities.”

The groups asked “...that you make explicit that in the absence of DEP approval of a properly submitted temporary suspension request, regulated entities must comply with all monitoring and reporting obligations under the DEP’s jurisdiction, notwithstanding the EPA Memorandum.”

Referring to the COVID-19-related guidance posted on DEP’s website, Secretary McDonnell said, “All permittees and operators are expected to meet all terms and conditions of their environmental permits, including conditions applicable to cessation of operations.

“This includes any reporting and monitoring requirements. We have recently reorganized the COVID Alert webpage and updated the language to make this expectation more visible to all visitors.

“DEP has also identified the following as essential activities: permitting, mail processing, deposition of checks and fees, inspections, and emergency response activities. Specifically, critical inspections and emergency response work are occurring when there is an imminent threat to human health or the environment. We have also provided this same guidance to our partners at the County Conservation Districts.”

Citizen Reports

“We also recognize that sometimes the best eyes for protecting the environment come from the residents of Pennsylvania.

“Our complaint reporting telephone lines have been fully operational during the pandemic response, and staff have been actively fielding calls and responding to complaints. We have also made this information more visible on the DEP webpage for easier access to the public.”

Waivers Granted

Secretary McDonnell went on to say-- “DEP has established a process for consideration of temporary suspension of regulatory requirements and permit conditions in case-specific circumstances related to the COVID-19 pandemic.

“Because we believe in transparency, I felt it was important that we publicly post the temporary suspensions that have been granted. The basis for temporary suspensions are narrowly drawn, in accordance with the Governor’s Orders.

“The posting allows the public to see the limited scope of approvals granted, and also the unique challenges that Pennsylvania’s businesses are facing because of COVID-19.”

DEP has so far posted approvals for ten waiver requests by the Governor--

-- Coal Township, Lycoming County: was granted a waiver to close its onsite recycling drop off center at a waste transfer station because there was nowhere to take the material because the Lycoming County Recycling Center closed.  Application.  Approval.

-- Masser Potato Farms, Schuylkill County: was granted a waiver for an on farm erosion and sedimentation control plan and conservation plan for a preserved farm to allow for a one year rotation for planting and growing potatoes this season. Their current plan allowed only for a two year plan.  Application. Approval.  DEP letter.

-- Wyeth, LLC [Pfizer], Montgomery County: was granted a waiver because certification training for personnel expired for measuring visible emissions and training was canceled by their provider.  They did not request a waiver from the limits themselves and will continue monitoring.  Application.  Approval.

-- Kimberly Clark Corporation, Delaware County: was granted a waiver for rolling natural gas capacity limits due to construction halt on new boilers; Application; Approval

-- DOD-Letterkenny Army Depot, Franklin County; was granted a waiver for certification of air emission observers. Application; Approval

-- Clean Earth of Southeast PA, LLC, Bucks County: was granted a waiver for air emissions source testing due to unavailability of testing contractors.  Application; Approval

-- Holcim (US) Inc., Lehigh County;  was granted a waiver for stack testing air emissions due to social distancing restrictions.  Application; Approval

-- Waste Management-Beach Lake Transfer Station, Wayne County; was granted a waiver to temporarily close drop off recycling center because there is nowhere to take the materials for recycling.  Application; Approval

-- Wheelabrator Falls, Inc.,  Bucks County; was granted a waiver because metals reclaimed from resource recovery ash and stored for recycling can not be taken anywhere because their recycler has closed. Application; Approval; DEP Letter

-- Sanofi Pasteur, Monroe County; granted a waiver because the general permit they operate under now does not specifically account for decontamination of medical waste associated with research for the development of a COVID-19 vaccine.  Medical waste produced by this process will be decontaminated using currently effective procedures.  Application; Approval

Reaction

Earthworks Pennsylvania and Ohio Field Advocate Leann Leiter said this in response to DEP's letter--

“While Trump’s EPA has weakened oversight of polluting industries, Secretary McDonnell has reassured Pennsylvanians by committing DEP to continue the enforcement of all laws protecting public health and the environment during the COVID emergency.

“We believe the Wolf Administration should go further and reverse its decision that issuing permits for new sources of pollution is part of “essential” operations during this unprecedented moment. 

“Pennsylvanians should not have to suffer an even heavier health burden from new pollution sources. 

“We ask the agency to instead direct its limited resources to much-needed oversight of existing operations and enforcement.  If polluting industries can operate, they can also comply with public health protections.

"Although the COVID pandemic is new, there’s nothing new about fossil fuel and other industries’ pining for weaker oversight.  That is why the DEP must also do more to provide transparency by publicly posting all requests made by companies for suspensions of regulatory requirements and permit considerations, not just those granted by the agency.

“Sec. McDonnell is right to say that the response of government to one public health crisis should not lead to another.  Regulators in every other oil and gas producing state should immediately adopt similar policies that prioritize people, not polluters.”

For more information on updates to DEP COVID-19 guidance and waiver requests, visit DEP’s COVID-19 Update Alerts webpage.

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[Posted: April 16, 2020]

4/20/2020