As Federal, State, and Local governments continue to mitigate the COVID-19 outbreak, numerous states and local counties have issued “Shelter in Place” orders. Designed to slow the spread of the virus, Shelter in Place orders mandate that “nonessential” businesses close their doors or work remotely. Businesses across the country are grappling with whether their entity falls into the “essential” or “nonessential” category.

Essential Critical Infrastructure Sectors

The U.S. Department of Homeland Security CISA Cyber + Infrastructure currently lists “essential” sectors as:

• Chemical Sector

• Commercial Facilities Sector

• Communications Sector

• Critical Manufacturing Sector

• Dams Sector

• Defense Industrial Base Sector

• Emergency Services Sector

• Energy Sector

• Financial Services Sector

• Food and Agriculture Sector

• Government Facilities Sector

• Healthcare and Public Health Sector

• Information Technology Sector

• Nuclear Reactors, Materials, and Waste Sector

• Transportation Systems Sector

• Water and Wastewater Systems Sector

Within the above referenced essential operations, numerous activities are impacted regarding the functionality of operations. Among these activities, compliance with environmental and health and safety rules, permits, and other requirements are generally considered to be an essential function during the COVID-19 response. Accordingly, compliance with regulatory agency established orders and permit-related requirements are also considered essential under Shelter in Place directives.

EHS Compliance activities may include:

• Stormwater observations, sampling and reporting requirements

• Hazardous waste storage, inspections and offsite shipment

• Management of hazardous materials and systems containing hazardous materials

• Wastewater treatment plant operation and maintenance, and associated inspection and reporting requirements

• Compliance with air permit conditions, including monitoring and reporting, and shutdown requirements

• Health and safety program requirements

This is only a very short list of regulatory compliance requirements. If a business is deemed “essential” and chooses to continue operations during the Shelter in Place order, it is imperative that it also continues the corresponding regulated compliance activities. 

COVID-19 Implications for EHS Compliance

What Should You Do if You Can’t Meet Compliance?

If your business is unable to meet a specific order, permit requirement, or general requirement due to an inconsistency associated with a government mandate or guideline related to COVID-19, we suggest that you do the following:

• Reach out to your local regulatory agency in writing, outlining the specific requirement that cannot be met;

• Outline the inconsistent COVID-19 directive or guideline;

• Explain why your company cannot meet the requirement; and

• Suggest any action that you will take in lieu of complying with the specific requirement.

Environmental Compliance Guidance From U.S. EPA:

On March 26th, U.S. EPA released the memorandum, COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program, which states:

“If compliance is not reasonably practicable, facilities with environmental compliance obligations should:

a. Act responsibly under the circumstances in order to minimize the effects and duration of any noncompliance caused by COVID-19;
b. Identify the specific nature and dates of the noncompliance;
c. 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;
d. Return to compliance as soon as possible; and
e. Document the information, action, or condition specified in a. through d.”

If you need immediate assistance with your regulatory compliance activities or further guidance during this critical time, please contact us today or call (800) 508-8034.

Blog Author

Lauren Wallace Misenti, QISP, CISEC-IT
Project Manager
KERAMIDA Inc.

Contact Lauren at lwallace@keramida.com.