CHARLESTON, W.Va. (March 27, 2020) – In light
of the COVID-19 pandemic, Gov. Jim Justice has asked West Virginia Department
of Environmental Protection (WVDEP) Cabinet Secretary Austin Caperton and his
staff to remain in constant communication with the U.S. Environmental
Protection Agency (EPA) regarding potential compliance and enforcement issues
that may arise. As of today, all rules, regulations and permitting requirements
under the jurisdiction of the WVDEP remain in full effect.
The WVDEP worked with the EPA in the
development of a new temporary enforcement policy – “COVID-19 Implications for
EPA’s Enforcement and Compliance Assurance Program” – outlined in a memorandum
released March 26, 2020. This policy makes it clear that EPA expects regulated
facilities to comply with regulatory requirements, where reasonably
practicable, and to return to compliance as quickly as possible. The policy
also requires facilities to document decisions made to prevent or mitigate
noncompliance and demonstrate how the noncompliance was caused by the COVID-19
pandemic.
The WVDEP has an obligation to protect the
environment by enforcing applicable rules, regulations, and permits, as well as
ensuring adherence to operating, monitoring, and record-keeping requirements.
The WVDEP also recognizes and acknowledges the potential compliance challenges
the regulated community may face due to COVID-19 restrictions. These potential
challenges include newly implemented remote-work requirements and reduced
onsite staffing due to social distancing guidelines, supply disruptions,
reduced or unavailability of consulting and/or testing firms, and other
pandemic-related disruptions.
The WVDEP is committed to working
cooperatively with the regulated community to ensure environmental compliance
and public safety standards are properly addressed during this pandemic.
It is important to note that the WVDEP expects
facilities to continue to be operated in a manner that fully protects human
health and the environment. This includes, but is not limited to, continued
operation and monitoring pollution control devices, record-keeping,
maintenance, testing, and reporting requirements. If compliance is not
reasonably practicable due to issues related to COVID-19 pandemic, facilities
with environmental compliance obligations should contact the WVDEP and follow
the requirements outlined in the EPA memorandum listed here: https://www.epa.gov/enforcement/enforcement-policy-guidance-publications.
For more information about COVID-19 prevention
and more, call the State’s toll-free hotline at 1-800-887-4304 or visit www.Coronavirus.wv.gov.
For more WVDEP news and
information, go to www.dep.wv.gov. Also, connect with the agency on
all social media platforms. Follow @DEPWV on Twitter, Like us on Facebook
at https://www.facebook.com/depwv/, and find us on YouTube by
searching “Environment Matters.”
# # #