Your compliance obligations with the US Environmental Protection Agency (EPA) and local agencies remain in effect for ongoing cleanups of contaminated sites under state and federal environmental laws. Office closures, work stoppages, state and federal government slowdowns, and supply-chain disruptions are making it hard to satisfy environmental obligations.
There are currently no federal mandates or executive orders requiring business shutdowns or mandatory quarantine. Many states, counties, and municipalities are releasing executive orders ranging from shelter-in-place to closing nonessential businesses and limiting gatherings of people. These state and local mandates exempt “essential businesses”. The “essential business” exemption includes services and sectors that promote public safety, health, and welfare. Are environmental cleanups and investigations “essential businesses” and if they are for how long will they remain “essential businesses”? Even if environmental cleanups are permitted to continue, maintaining the recommended “social distancing” in site investigation or remediation activities presents a challenge.
What can you do?
Manage critical compliance staff. Create a social distancing plan for your staff and make sure it is adhered to. Schedule regular conference calls to address concerns and help prevent compliance gaps. Come up with a succession plan that will kick in if critical personnel are sidelined by illness.
Consider the use of outside consultants. Don’t be short-sighted when trying to manage compliance reporting. Using partner firms and even retired employees to help supplement strained internal resources is better than failed compliance.
Avoid late reporting. Submit reports on time even if there are some concerns over usual quality control and results. You can resubmit or amend these reports as needed when the crisis point passes.
Contact the EPA and state agency to extend deadlines. The COVID-19 pandemic may reduce your ability to complete cleanup, routine sampling, and meet reporting deadlines. Work with responsible parties on an individualized basis to determine whether ongoing work can continue and the extent to which deadlines should be extended, and follow a dispute process in the event of disagreement.
Circumstances are changing almost daily. You may have facilities in different states that may be subject to different orders from local or state governments. Be prepared to adjust your compliance plan as circumstances change and coordinate with your regulator(s) as needed.