By Alicia Krynock/Broadcast version by Mary Schuermann Kuhlman
Reporting for the Kent State-Ohio News Connection Collaboration

Clarification - 6:54 p.m. EST, May 20, 2020 - Changes "Pause" to "Policy" in headline to reflect that Ohio EPA slowed down enforcement but did not officially stop it. As stated in the story, the EPA has announced a temporary enforcement policy because of COVID-19. Again, no EPA official was available to be interviewed about how the policy would be instituted in Ohio; however, James Lee, media relations manager for the Ohio EPA, did email the following statement prior to the story's publication: "All regulated entities remain obligated to take all available actions necessary to ensure compliance with environmental regulations and permit requirements to protect the health and safety of Ohioans and the environment. However, in the instance where regulated entities will have an unavoidable noncompliance situation, directly due to impact from the coronavirus, a website has been established by Ohio EPA to accept requests for the Director of Ohio EPA to consider providing regulatory flexibility, where possible, to assist entities in alternative approaches to maintaining compliance, such as extending reporting deadlines, consideration of waiving late fees and exercising enforcement discretion."

COLUMBUS, Ohio -- Every summer, harmful algae blooms begin to form in lakes and ponds across Ohio, turning bodies of water into oxygen-deprived pools, toxic to humans and animals. Algae blooms thrive in years with more rain and more runoff pollution, and this year could be another bad one. In addition to another warmer, wetter summer, would-be polluters know the Environmental Protection Agency will not be watching.

"EPA is announcing a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic," the EPA stated in a March 26 press release. "Under the policy, EPA does not expect to seek penalties for noncompliance with routine monitoring and reporting obligations that are the result of the COVID-19 pandemic but does expect operators of public water systems to continue to ensure the safety of our drinking-water supplies."

A month before this announcement, the EPA established an enforceable limit of the Total Maximum Daily Load of phosphates and runoff that contaminate waterways. This was a major step toward reducing toxic algae blooms and restoring the health of the state's water; phosphates and agricultural runoff are a major contributor to the yearly blooms, and the Lake Erie watershed supplies the drinking water to 11 million people. However, critics say this non-enforcement policy appears to undo some of Ohio's recent progress, and Gov. Mike DeWine's $172 million H2Ohio plan to restore the lake faces budget cuts because of the COVID-19 crisis.

The EPA did not agree to an interview for this report but referred to its press release, which cited concerns for employees' health as the reason this policy was enacted.

"EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements," EPA Administrator Andrew Wheeler said in the same press release. "This temporary policy is designed to provide enforcement discretion under the current, extraordinary conditions, while ensuring facility operations continue to protect human health and the environment."

The Natural Resource Defense Council sued the EPA for using COVID-19 as a reason to stop reporting pollution at a time when the public's health already is at additional risk.

Jon Devine, NRDC senior attorney, said these rollbacks mostly benefit polluters such as oil and gas companies, major developers and the mining industry, which would rather not invest in pollution controls.

"These industries have fought strong protections under the Clean Water Act for decades, and unfortunately, this rule gives them exactly that - a federal government that's prepared to look the other way at companies polluting and destroying water bodies that are critical to the watersheds," he said in an Instagram live conference discussing recent rollbacks and the lawsuits to stop them.

Joseph Ortiz, a geology professor at Kent State University, studies the changes in the algae blooms over time, how they grow in different conditions, and where the hot spots are. His lab uses NASA satellite imaging to follow and predict the next bloom, which is essential to helping communities prepare.

"Harmful algae blooms are a growing problem in Ohio, and the world actually," he said. "The reason why these blooms are a concern is because many of them can form toxins, for instance, either liver toxins or neurotoxins, or skin irritants."

The Clean Water Act was passed in 1972, following the infamous Cuyahoga River fire. Since then it has served to protect and restore waterways across the country. However, critics say the nonenforcement policy threatens the very core value of the act.

Recent research from Harvard Medical Center shows that residents in areas with heavy air pollution are 8% more likely to die from COVID-19. An analysis of this data by Kristi Pullen Fedinick, senior scientist and director of science and data for the NRDC, examined the relationship between locations with high COVID-19 death rates (as of Apr. 26) and locations with high levels of air pollution. She found areas of the country in chronic violation of the Clean Air Act also have the highest risk of the coronavirus. One of these places is Cuyahoga County, which has a history of poor air quality.

Last year, the American Lung Association ranked Cleveland as the ninth most-polluted city in the nation for year-round particle pollution. Its annual report card for cities across the country is based on particle pollution; Cuyahoga County received an F for its high-ozone days, and a B for 24-hour particle pollution.

Communities that suffered the longest from pollution also are the most affected by the coronavirus now, according to the report. Exposure to air and water pollution over time has been linked to health conditions such as heart disease, respiratory problems, birth defects, increased risk of cancer and damage to kidneys, liver and other organs, and studies have cited structural racism and decades of housing discrimination as playing a role in who is most exposed to pollution.

"Any time you talk about rolling back these kinds of regulatory requirements, it's a real red flag and a concern," said state Sen. Nickie Antonio, D-Lakewood. "They're saying they're protecting workers, but who's going to protect the public and the public health of communities?"

Ortiz said the self-reporting methods used in the past weren't always effective. The Total Maximum Daily Load Ohio set in February this year was supposed to be a solution.

"[TMDL] is something that's been talked about for several decades now, in Ohio, and the approach that's been used is to allow voluntary monitoring and voluntary limits. Unfortunately, that hasn't resulted in a decrease in the amount of nutrients ending up in the river," he said. "And multiple studies have shown that to get these blooms under control we need to cut the nutrients into the lake by about 40% to 50%."

Antonio described one instance where she fought to investigate a hydraulic fracturing company that was caught dumping into Lake Erie's tributaries. Although the crime was reported and investigated, the company only had to pay a fine for dumping an undisclosed list of chemicals.

"They knew that ultimately, it's not that tough of a price to pay if they get caught, to have to have a fine," she said.

While many researchers and organizations are working to protect the lake, Ortiz said, a large change like this needs to be solved with big thinking that addresses the larger issues of pollution.

"There are things that we can do personally to make a difference, and we should," he said, "but with any environmental problems, it's really important to deal with these from a systemic standpoint. The single most important thing we can do is vote, and vote for individuals who are willing to listen to sound science and legislate on the basis of what needs to be done to fix the system."

While many Americans are worrying about their job and the recession, environmental regulations can slip through the cracks. But these regulations are in place to prevent another public health crisis.

"My fear are things like this," said Antonio. "What's been out of the news? The environment. What were we talking about, Greta Thunberg, what was it a year ago? [Last year's] Earth Day, kids were walking out of their high schools, and really talking about 'pay attention to the Earth' and 'I want a future'... and now we've got the actual opposite happening. And it's using the opportunity, I think, they use the opportunity of pandemic when everyone's distracted to just make it a lot easier to not have regulations."

EXTRA BACKGROUND INFO ON THE EPA ANNOUNCEMENT: The announcement came just a few days after a detailed letter to President Trump and the U.S. EPA from the American Petroleum Institute, specifying where EPA requirements needed to be loosened to help its businesses during the pandemic. The seven-page request includes suggestions for late and delayed monitoring, sampling, and reporting, suspended enforcement of waste discharge limits, delays in lab analysis for drinking water, and suspended soil and water remediation of contaminated sites.

The EPA has not yet specified all the regulations that would be affected by its non-enforcement policy, but this announcement follows several other recent environmental rollbacks from the Trump Administration.

The EPA has announced they would "relieve refineries of their legal obligation this year to produce summer blends of gasoline," which are designed to reduce smog. On April 16, the Federal EPA rolled back regulations on mercury emissions from oil and coal plants.

According to the New York Times, these proposals intend to reduce the restrictions quickly before November elections might change who's in charge of Congress and the White House. And five days later, the EPA proposed The Navigable Waters Protection Rule that would exclude millions of miles of wetlands and streams previously protected under the Clean Water Act.


This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.



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A North Dakota task force meets again next month as it considers updating the scope of local zoning laws dealing with factory farms.

It is an issue weighing heavily on the minds of community members who have fought such projects. The task force is expected to submit a proposal to state lawmakers before next year's legislative session.

The main focus is setback ordinances determining where a large animal feeding operation can go. State leaders have been vocal about the need for North Dakota to expand its livestock output and keep pace with neighboring states.

Lois Steinhaus, who lives near Devils Lake, said if a rural area has second thoughts, residents can feel overwhelmed.

"I feel on the edge a lot of the time," Steinhaus observed. "It's not like we hate the smell of farms. We don't, we're comfortable with that, but there's a difference between a herd of cattle and a barn that's got thousands of animals inside."

Steinhaus and her husband were part of a contingent pushing back against a proposed large-scale hog farm amid concerns about the effect on air and water quality, which led to a lengthy court battle. Even though project activity is quiet for now, the couple worries about future legislative moves. Agriculture officials contended there is not enough consistency and clarity under the patchwork of zoning laws.

Supporters of adding more animal agriculture in North Dakota tout the potential economic benefits.

Clark Steinhaus, chair of the Pelican Township's board of supervisors, said a key concern is location. He pointed out Devils Lake, the largest body of natural water in the state, would have seen its tourism drawing power evaporate if the project had moved forward without opposition.

"They were very close to the shores of Devil's Lake, and we have a lot of campgrounds around here," Steinhaus explained.

While the project in their backyard is essentially stalled, other proposals are surfacing, including plans for mega-dairy farms in eastern North Dakota.

The Steinhauses advised smaller communities exploring their options to prepare for things such as legal expenses, as well as the need to raise awareness through local media. They said it can help residents learn more and decide whether a project is right for their town. The next zoning task force meeting is Oct. 25.


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Communities in Colorado and across the U.S. are making time to connect with nature during Hispanic Heritage Month.
Hilda Berganza, climate manager with the Hispanic Access Foundation, said last week's Latino Conservation Week saw thousands of people gathering at over 300 events. That's up from just nine events held during the initiative's launch in 2014.

"It was born from a commitment to Latinos being exposed to the outdoors. To experience being and playing in public lands, to empower families and future generations to be stewards of the planet, of the land," Berganza said.

Families of color are three times more likely than white families to live in areas considered concrete jungles without access to parks and natural areas. Due to policies some people deem racist, including redlining neighborhoods, communities of color also disproportionately live near high levels of toxic air and water pollution.

In 2022, just over 10% of Latinos were able to participate in outdoor recreation activities. Berganza said a broad coalition of community groups, nonprofits and faith-based organizations are working to change that. They are inviting families to picnics and park clean-ups, to go kayaking and hiking, to join scavenger hunts and festivals, and attend film screenings and webinars on the importance of maintaining healthy ecosystems.

"We also have events at churches where community members are learning why it's important to take care of our earth from a religious and spiritual point of view," Berganza added.

Berganza said work is also being done to push towns and cities to create parks and other green spaces in historically under-invested neighborhoods.

"National parks, or state parks, or even regular parks. They are not usually around or built within the communities that Latinos live in," Berganza said.

A new report warned climate goals in Georgia and nationwide are threatened by the rapid growth of industries like data centers and electric vehicles.

Clean energy advocates said utilities are extending coal plant operations and planning new natural gas facilities to meet rising energy demands.

Laurie Williams, director of the Beyond Coal Campaign for the Sierra Club and the report's co-author, noted while companies set ambitious climate goals, utilities remain reliant on fossil fuels.

"As just one example, in late 2023, Georgia Power reported a 20% jump in expected electric demand, largely due to new data center interconnections," Williams pointed out.

She added Georgia Power later filed an emergency resource plan, citing rapid load growth as the reason for extending a coal plant's life span and adding new natural gas capacity. Williams stressed while clean energy can take center stage, it requires action from customers, regulators and advocates alike.

The report outlined 12 recommendations for tackling energy demands while reducing emissions and keeping costs sustainable.

Jeremy Fisher, principal adviser on Climate and Energy for the Sierra Club and co-author of the report, said one of them pointed to the importance of collaboration.

"A little bit can go a long way," Fisher emphasized. "We recommend that utilities and large customers work together to maximize demand response management capabilities."

The report's recommendations also included comprehensive utility decarbonization plans and 24/7 clean energy sourcing and transitioning backup generators to batteries. There is also a strong call for advocates and large companies to push for stronger clean energy standards at the state and federal levels.


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