EPA issues enforcement discretion policy during COVID-19 pandemic

The U.S. Environmental Protection Agency (EPA) has announced a temporary policy regarding the agency’s enforcement of environmental legal obligations during the COVID-19 pandemic. This temporary enforcement discretion policy applies to civil violations during the COVID-19 outbreak.

The policy addresses different categories of noncompliance differently. For example, under the policy, EPA says it 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. The policy also describes the steps that regulated facilities should take to qualify for enforcement discretion.

“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,” says EPA Administrator Andrew Wheeler. “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.”

EPA’s policy will apply retroactively beginning March 13. EPA says it will assess the continued need for and scope of this temporary policy on a regular basis and will update it if EPA determines modifications are necessary.