EPA Relaxes Enforcement Measures to Provide Flexibility Amid COVID-19 Crisis

The U.S. Environmental Protection Agency on March 26 announced a temporary policy relaxing its enforcement of environmental legal obligations during the COVID-19 pandemic. The policy gives more flexibility to power plants and other regulated entities on pollution control measures in a time of crisis. The measure allows the noncompliance as long as the entity provides supporting documents justifying that noncompliance was caused by the pandemic. The enforcement discretion applies retroactively beginning from March 13, and will be assessed regularly to decide its implementation duration and scope.

 The policy applies to violations during the COVID-19 outbreak and applies differently to different categories. For example, the agency does not intend to impose penalties for noncompliance with routine monitoring and reporting requirements resulting from the pandemic.  Entities such as operators of public water systems must guarantee safety of drinking water supplies.

Stakeholder groups appreciate EPA’s decision, but choose to continue to operate as usual, following the existing environmental obligations.The Environmental Council of the States, an association of state and territorial environmental agencies, said that “states are fully committed to compliance assistance and enforcement, and agree that enforcement discretion should be applied on a limited, case-by-case basis when necessary.”

On the other hand,  the policy will exert a negative effect on the environment. The Natural Resources Defense Council acknowledged the need for additional caution and flexibility in a time of crisis, but noted that the measure “allows industry to pollute without fear of enforcement actions.” Environmental organizations doubt whether the pandemic could justify the relaxation of environmental requirements since high pollution enterprises still have their employees on the production line and will not lack manpower to comply with regulations.