EPA and DEQ Issue Guidance on COVID-19 Implications for Enforcement and Compliance Programs

April 02 2020

The Environmental Protection Agency (EPA) and the Virginia Department of Environmental Quality (DEQ) have issued similar guidance addressing the enforcement of select environmental regulations during the on-going COVID-19 pandemic. The temporary policies are being applied retroactively beginning March 13, 2020. Federal regulations and compliance monitoring affected include, but are not limited, to:

  • Spill Prevention, Control, and Countermeasures Plan (SPCC):   Monthly Inspections, Formal Integrity Inspections, Annual Training, and Implementation of SPCC Plan Action Items. 
  • RCRA Subpart J – Hazardous Waste Aboveground Storage Tanks:  Integrity Inspections, Training, Daily/Weekly Inspections, and Formal Integrity Inspections.
  • RCRA Hazardous Waste Generation:  Accumulation Requirements & Generator Status. 
  • Permitted Solid Waste Facilities:  Groundwater and Vapor monitoring.
  • NPDES Monitoring - Public Drinking Water Facilities:  Monitoring & Sampling for Permit compliance.
  • Municipal Separate Storm Sewer System (MS4) and Industrial Stormwater Pollution Prevention Plan (SWPPP) Inspections and Monitoring

Important Notes:    

  1.  The temporary policy does not apply to activities carried out under CERCLA Superfund and RCRA Corrective Action Enforcement Instruments.  The EPA noted that any changes in those requirements would be addressed in separate guidance.
  2.  Any deviations to the regulations should be documented through EPA correspondence as required, or through an internal memo or other notification process.  Documentation should be prepared and maintained in a manner to satisfy the requirements of an internal or regulatory agency audit. 

 

EEE Consulting, Inc. is Providing Compliance Inspections and Monitoring During This Time

EEE Consulting, Inc. (3e) can help you develop protocols, communicate with regulators, assist with creating amendments or consult with your facility personnel to determine documentation requirements. Our experienced staff includes certified/qualified field personnel that can perform inspections and monitoring while your staff are working remotely or if your site is temporarily closed.

3e is ready to help you meet your compliance obligations during this unprecedented time. If you have questions about how this impacts your facility, or if you need help with inspections, monitoring, or documentation please contact Chris Lalli at (540) 953-0170 x310 or Jennifer Jones at (804) 442-3330 x214. You can also contact us through our website.

For more information please review the following:

EPA Memo: EPA Memo dated March 26, 2020

DEQ News Release: DEQ Enforcement and Compliance Guidance dated March 31, 2020