The U.S. has entered the fourth week of the federal government shutdown, requiring several agencies to scale back their operations — and the U.S. Environmental Protection Agency isn’t spared.
Like other states across the country, environmental protection efforts in Ohio are threatened the longer the shutdown persists.
The big idea: EPA’s contingency plan
It’s officially the second-longest federal shutdown in U.S. history, after the U.S. Congress failed to approve federal spending before previous funding appropriations lapsed.
The U.S. EPA’s contingency plan created last month outlines several programs that will cease operations under the government shutdown.
Those include:
- activities at Superfund sites that don’t pose an “imminent threat to human health”
- civil enforcement inspections
- payroll distribution for non-exempt employees
- issuance of regulations
Some pages on the U.S. EPA’s website will also not be updated.
Which employees are being paid?
The Federal News Network reported earlier this month that the EPA used carryover funds to pay nearly all of its employees for the first nine days of the government shutdown.
But now it’s operating with a skeleton crew. The contingency plan states the agency will maintain 1,734 of its 15,166 employees. Nearly half of those are being compensated through funds outside of Congressional appropriations.
Superfund site activities
Sites on the U.S. EPA’s National Priorities List, also known as Superfund sites, are considered the country’s most contaminated sites.
According to the National Priorities List, there are 37 Superfund sites in Ohio.
Site investigations, remedial design planning, and cleanup at Superfund sites are some of the activities that will halt under the shutdown.
However, the contingency plan also states that Superfund response can continue if those funds come from potentially responsible parties or taxes on certain chemicals.
Civil enforcement inspections
According to the EPA’s website, civil enforcement inspections are investigations into potential violations of environmental protection regulations.
With civil enforcement inspections on hold, the U.S. EPA isn't taking action to hold most entities accountable to follow its laws and regulations. Those include regulations of air and water pollution and exposure to regulated chemicals.
Criminal enforcement, though, will continue.
Issuance of regulations
The contingency plan states that it will not be issuing any new regulations unless it’s legally authorized or has remaining funds to do so. This could also affect the finalization of rules that impact Ohio’s frontline communities.
For example: earlier this month, the EPA announced it will be reinstating stricter air regulations on industrial coke manufacturers.
Coke is a coal-based fuel source used in blast furnaces to produce steel. This means the agency will re-establish emission limits on previously unregulated chemicals and air monitoring for cancer-causing benzene.
But this notice hasn’t yet been published to the Federal Register, meaning it’s not finalized.
There are three industrial coke facilities in Ohio, including one in Middletown, Butler County.
The U.S. EPA didn’t respond when asked if this rule fell under an exempted or excepted obligation. It also didn't answer other questions from WYSO. Instead, it referred to the agency’s contingency plan.
A spokesperson for the Ohio EPA says the agency's interactions with the U.S. EPA aren’t impacted.
“Ohio EPA is not affected by the shutdown and continues to meet its obligations regarding permit reviews, as well as funding for grants and loans,” Ohio EPA spokesperson Bryant Somerville said in an email. “Our staff has also been able to continue collaborations with our federal counterparts.”
