Cornerstone continues to monitor information and guidance published by federal and state agencies related to environmental and safety compliance during the COVID-19 pandemic. On Thursday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. The document reinforces EPA’s commitment to protecting the human health and the environment; however, it acknowledges the challenges some operations may face as a result of social distancing and site shutdowns. The memo highlights the expectation that entities are still required to make every effort to comply with their environmental obligations. However, EPA is offering out leniency to assist facilities in dealing with current challenges. For instance, your operation may be on shutdown or is restricting non-essential visitors which limits our ability to obtain information for a reporting requirement. This policy gives Cornerstone the ability to submit the report using the best data available and then conduct the site visit at a later date when conditions permit. At that time, an amended report can be submitted to correct any deficiencies on the original report. We encourage you to review EPA’s memorandum in its entirety using the link below. It is also important to note the following:

• • The EPA will exercise enforcement discretion for civil violations under this temporary policy for issues of non-compliance that directly result from the COVID-19 pandemic; however, authorized states and tribes may take a different approach under their own authorities.
  • If an entity has non-compliance issues, it must maintain records documenting how the COVID-19 pandemic caused the compliance issue
  • The following is a direct quote from EPA’s memo -- Under General Conditions #2: If compliance is not reasonably practicable, facilities with environmental compliance obligations should:

1. 1. 1. 1. Act responsibly under the circumstances in order to minimize the effects and duration of any noncompliance caused by COVID-19;
         2. Identify the specific nature and dates of the noncompliance;
         3. Identify how COVID-19 was the cause of the noncompliance, and the decisions and actions taken in response, including best efforts to comply and steps taken to come into compliance at the earliest opportunity;
         4. Return to compliance as soon as possible; and
         5. Document the information, action, or condition specified in 1. through 5.

  Full text of EPA Memo: https://www.epa.gov/sites/production/files/2020-03/documents/oecamemooncovid19implications.pdf EPA’s policy intends to provide leniency to operations that have been affected by the COVID-19 pandemic; however, this policy does not change or negate existing laws or compliance requirements but rather it provides enforcement discretion to EPA. Additionally, authorized states or tribes may take a different approach under their own authorities. Also, per the memo, the policy will apply retroactively beginning on March 13, 2020 and EPA will assess the continued need for and scope of this temporary policy on a regular basis and will provide updates if it determines modifications are necessary. Should you have any questions about the potential impact on your facility or its compliance-related activities, please let us know.