On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance regarding enforcement discretion in light of the COVID-19 pandemic. The guidance acknowledges that COVID-19 may impair compliance with environmental laws and regulations and sets forth the steps that regulated entities must take to qualify for enforcement relief. The policy is retroactive to March 13, 2020, and has no end date.
General Conditions for Enforcement Discretion.
The guidance provides that regulated entities should make every effort to comply with their obligations, but if compliance is not reasonably practicable, they should:
(a) act responsibly to minimize the effects and duration of noncompliance;
(b) identify the nature and dates of noncompliance;
(c) identify how COVID-19 was the cause of noncompliance, and the decisions and actions taken in response, including best efforts to comply and steps taken to come into compliance at the earliest opportunity;
(d) return to compliance as soon as possible; and
(e) document the information, action or condition specified in (a)-(d). Continue Reading EPA Enforcement Discretion Policy in Response to COVID-19 Pandemic