EPA Issues COVID-19 Enforcement Discretion Policy

On March 26, 2020, the EPA adopted a policy stating that the agency does not expect to seek penalties for noncompliance with environmental laws due to failure to complete routine monitoring and reporting obligations as a result of the COVID-19 pandemic. The policy is an outgrowth of concerns about the availability of workers and contractors and a desire to promote social distancing measures to prevent the spread of the novel coronavirus. The EPA's policy will apply retroactively to events beginning on March 13, 2020.

Although the EPA expects facilities to comply with regulatory requirements, the enforcement discretion policy recognizes that the challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact their ability to meet federal environmental requirements. The EPA expects that facilities may have difficulty with sampling, analysis, and reporting obligations and with meeting "enforceable limitations on air emissions