Alliance Source Testing (AST) would like to share the following EPA enforcement update related to Coronavirus impacts: A memorandum has been issued related to enforcement for non-compliance issues retroactively, beginning on March 13, 2020, that result from the COVID-19 pandemic.
Summary of EPA’s Memorandum
- EPA does not expect to seek penalties for violations related to missing routine monitoring and sampling, provided that (1) EPA agrees that the event was related to COVID-19 and (2) the entity provides supporting documentation to EPA.
- After the policy is no longer in effect, EPA expects full compliance going forward.
- EPA does not expect a facility to “catch-up” with missed monitoring or reporting events that have a <3 months frequency.
- EPA does expect companies to resume monitoring with frequency of bi-annual and annual as soon as the policy is no longer in effect, including late monitoring or submitting late reports.
The EPA strongly encourage entities to make every effort to comply with their environmental compliance obligations. If compliance is “not reasonably practicable, facilities with environmental compliance obligations” should act responsibly, identify the specific nature and dates of noncompliance, how it was caused by COVID-19, the decisions and actions taken, and the best efforts taken to comply.
Finally, the regulated community is strongly encouraged to use EPA’s approved electronic reporting mechanism. For enforcement, the EPA also will accept email submissions even if a paper original is required.
Alliance Source Testing (AST) operations have been deemed essential due to the nature of our services and the customers we serve. Our test teams are available via online meeting, phone calls, and in the field to continue testing services at essential industries from all of our 13 locations.
If you would like the experts at Alliance Source Testing to assist with any of your upcoming electronic reporting needs, please contact me or you local AST representative ant any time.
Chief Revenue Officer
Alliance Source Testing