A number of state environmental agencies are providing enforcement discretion and/or other regulatory flexibility to assist regulated entities during the COVID-19 crisis. While many states urge the regulated community to maintain compliance with environmental regulations and permit requirements, they acknowledge that disruptions to standard operations may create challenges in meeting some legal obligations.
Among the state remedies are dedicated inboxes to accept requests for regulatory flexibility, consideration of extended reporting deadlines, and other measures.
The following is a sampling of state flexibility to date:
- Arizona Department of Environmental Quality memo on compliance and enforcement implementation during COVID-19 (comprehensively addresses 13 areas of enforcement guidance)
- Arkansas Department of Energy & Environment enforcement guidance
- Colorado Department of Public Health & Environment memo regarding received requests for a pause on environmental regulatory and policy work
- Georgia Department of Natural Resources response to questions about compliance and enforcement
- Iowa Department of Natural Resources enforcement and compliance protocol
- Kansas Department of Health and Environment guidance
- Louisiana Department of Environmental Quality declaration of emergency and administrative order
- Maryland Department of the Environment coronavirus update
- Michigan Department of Environment, Great Lakes, and Energy process for handling enforcement discretion
- Minnesota Pollution Control Agency response to COVID-19
- Missouri Department of Natural Resources regulatory relief statement
- Pennsylvania Department of Environmental Protection request for suspension of regulatory requirements
- Texas Commission on Environmental Quality reporting requirements for regulated entities
- Virginia Department of Environmental Quality compliance and enforcement guidance
For information on similar actions in other states, follow the State Environmental Agency Resources section of the ECOS COVID-19 Resources for Members Webpage.
