Adding to the many regulatory initiatives undertaken to aid the
nation's COVID-19 response and provide enforcement relief to
the regulated community, on April 10, 2020, the U.S. Environmental
Protection Agency (EPA) issued Interim Guidance on Site
Field Work Decisions Due to Impacts of COVID-19 ("Interim
Guidance").1 In this alert, we discuss the
key aspects of the Interim Guidance, steps parties should take to
seek relief under this policy, its interaction with other EPA
enforcement guidance, and key concerns for regulated entities.
The Interim Guidance applies to locations across the country
where site work is being conducted pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA or
"Superfund"), Resource Conservation and Recovery Act
(RCRA), Oil Pollution Act, Toxic Substances Control Act (TSCA) PCB
program, or Underground Storage Tank (UST) program. Issuance
of the Interim Guidance was anticipated following EPA's March
26,
