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U.S. EPA COVID-Related Enforcement Policy and Resources

May 8, 2020

As previously reported, the U.S. Environmental Protection Agency (U.S. EPA) issued a new, temporary enforcement discretion policy for certain noncompliance events that can be documented and tied to the COVID-19 epidemic.  The policy applies to specified federal programs, states may take a different approach related to compliance and enforcement during the pandemic.  This article provides links to the U.S. EPA’s temporary policy and a frequently asked questions document along with related state resources.

U.S. Environmental Protection Agency COVID-Related Enforcement Resources
1. Temporary Enforcement Policy

2. New Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19 (including, but not limited to, the Superfund program, Resource Conservation and Recovery Act corrective action, Toxic Substances Control Act PCB cleanup provisions, the Oil Pollution Act, and the Underground Storage Tank program)

State-Specific COVID-Related Enforcement Resources
Environmental Council of the States (ECOS) has compiled state specific information on environmental policies during the COVID-19 pandemic.  Approximately two dozen states have implemented policies.  Some have adopted U.S. EPA’s approach, others have created forms or special channels to contact the state with compliance related concerns.  Access the state resources here: https://www.ecos.org/news-and-updates/covid-19-resources-for-states/ (organized alphabetically by state).

Other Resources
AGC has released several COVID-19 related resources online, free to members.  Access materials related to safety, risk, labor, human resources, contracts, webinars, and more www.agc.org/coronavirus.   AGC’s ConstructorCast is also producing special COVID-related programming at https://www.agc.org/constructorcast.

The U.S. Environmental Protection Agency also has other resources that may be helpful on its main COVID-19 resources page at https://www.epa.gov/coronavirus.

Find Out if Construction is Essential in Your State
ConstructConnect has created an interactive map to serve as a resource for contractors to understand where construction has been deemed essential, and allowed to proceed, and where restrictions have been put in place limiting the types of construction activities that can move forward.

For more information, contact Melinda Tomaino at melinda.tomaino@agc.org.

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