Q&A: Ethical Reporting & Professional Licensure
Developers and owners often think the reporting of petroleum or chemical spills is only governed by the EPA and state environmental regulatory agencies. However, licensed environmental professionals also have the ethical obligation to report releases if human health and/or the environment is threatened.
What are the requirements for professional environmental licenses and how are ethical considerations regulated?
Many environmental professionals achieve and maintain professional licenses based on their experience and educational backgrounds. Common accreditations include Professional Engineer (PE), Professional Geologist (PG), Qualified Environmental Professional (QEP), and Certified Hazardous Materials Manager (CHMM).
Additionally, certain states have specific licensure offered through state environmental regulatory agencies. Some of those licenses are maintained by the state of issue while others fall under national or international organizations. Some of the most well-known governing organizations include the National Society of Professional Engineers and the American Society of Civil Engineers for PEs, the American Institute of Professional Geologists for PGs, the Board for Global EHS Credentialing for QEPs, and the Institute of Hazardous Materials Management for CHMMs. While the organizations are governed by separate rules and regulations, each requires licensed professionals to adhere to a code of ethics to maintain their professional license or accreditation.
How does an environmental professional determine whether an observation is reportable?
Environmental professionals are obligated to prioritize the wellbeing of society, the environment, the profession, clients, employees, and peers in their work. However, the most important items to consider are the health, safety, and welfare of the public.
Licensed individuals must understand their professional limits and only make judgments when they are qualified to do so. They also must follow all federal, state, and local environmental regulations to the best of their ability. Finally, environmental professionals should keep an open line of communication with clients and regulators throughout each project, promptly sharing any observations where the health, safety, or welfare of the public and/or environment may be endangered.
It is important to understand that while a state’s environmental regulations may not trigger spill reporting, that does not mean a release shouldn’t be reported. For example, Colorado does not require consultants to report observations of a petroleum or chlorinated solvent release. However, if the release extends beneath a sensitive area (e.g., a daycare), a licensed environmental professional is obligated to report the release if human health may be threatened.
Brian Gochenaur, QEP, is an Associate Principal with over 20 years of professional environmental consulting experience in both the public and private sectors. Based in New York City, he specializes in guiding clients through the New York State Department of Environmental Conservation Brownfield Cleanup Program, Voluntary Cleanup Program, and Spills Program, as well as the New York City Office of Environmental Remediation “E” Designation and New Voluntary Cleanup Programs. His expertise includes environmental due diligence, site investigation and remediation, fuel storage tank investigation and removal, soil vapor intrusion evaluations, in-situ remedial technology, spill closure, and emergency response.