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- COVID-19: US Federal, State and Territory EHS Agency Relief Actions
Tracking Announcements Across All Federal, State, and Territorial Environmental Regulatory Agencies
Below we track the results of our investigation of announcements made to date across all federal, state, and territorial environmental regulatory agencies, with regard to the Coronavirus’s impact on deadlines and environmental compliance obligations generally, public proceedings, and agency services and operations.
Navigate the responses by jurisdiction. We will continue to update this list as new announcements emerge.
Department of Defense (DoD)
DoD COVID-19 response.
Attorney Contacts: Corinne Snow and Laura Ashdown
Department of Homeland Security (DHS)
General COVID-19 information.
Identifying Critical Infrastructure During COVID-19.
Attorney Contacts: Corinne Snow and Laura Ashdown
Bureau of Indian Affairs (BIA)
General COVID-19 information and school closures.
April 21, 2020: BLM interim guidance for lease suspension requests during COVID-19 emergency also applies to Indian oil and gas leases.
Bureau of Land Management (BLM)
BLM is continuing to deliver essential services to the greatest extent practicable, while following CDC guidelines and working with state and local health authorities to minimize transmission of COVID-19. BLM encourages visitors to contact or visit their local BLM state or district office’s website for updates. Read more
April 21, 2020: BLM releases interim guidance for lease suspension requests during the COVID-19 national emergency.
Attorney Contacts: Corinne Snow and Austin Pierce
Department of Justice (DOJ) Environment and Natural Resources Division (ENRD)
March 20, 2020: Attorney General William P. Barr urges the public to report suspected fraud schemes related to COVID-19. Read more
Attorney Contacts: Ron Tenpas and Corinne Snow
Environmental Protection Agency (EPA)
General Coronavirus Information.
Issued guidance regarding Coronavirus and drinking water and wastewater.
April 30, 2020: EPA news releases announcing EPA’s plan to provide grant funding to support environmental justice communities impacted by COVID-19.
April 22, 2020: EPA posts an Interim Final Rule in the Federal Register regarding temporary amendments to the Continuous Emission Monitoring (CEM) quality assurances requirements during the COVID-19 emergency.
April 10, 2020: EPA issues memo, Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19, that provides factors for the various EPA Regions to consider when deciding whether to continue, reduce, or pause a responsible party’s site field activities under various programs such as the Superfund program, RCRA corrective actions, TSCA PCB cleanup provisions, the Oil Pollution Act, and the Underground Storage Tank (UST) program. The memo reiterates EPA’s earlier guidance that Regions make any site field operations decisions on a case-by-case basis. In regards to regulated parties who believe that COVID-19 restrictions may delay their performance of program obligations, the EPA memo urges these parties to consult their applicable enforcement instrument and review any force majeure or other provisions that might allow for their EPA project manager to make schedule adjustments. The EPA memo advises concerned parties to communicate with their respective EPA project managers about any anticipated challenges associated with their site or its field work. The following is a non-exclusive list of some of the factors the EPA memo outline:
- Factors to Consider When Deciding Whether to Reduce or Suspend a Site Field Response Action:
- Whether any state, tribal, or local health officials have requested that particular operations be suspended;
- Whether any site workers have tested positive for or are exhibiting COVID-19 symptoms;
- If there is potential for close interaction with high risk groups at the site (for example, work within homes);
- Whether contractor field personnel are unable to conduct activities due to state, tribal, or local travel restrictions or medical quarantines;
- Whether social distancing is possible at the site.
- Factors to Consider on a Site-Specific Basis:
- Whether failure to continue response actions would pose an imminent threat to human health (for example, if ceasing operations would potentially expose humans to contaminated drinking water, lead, arsenic, PCBs, asbestos, etc.;
Whether failure to continue response actions would pose an imminent threat of a potential catastrophic event or potentially escalate an ongoing emergency event (for example, if ceasing operations would escalate or increase the possibility of a mine blow-out, fire, explosion, etc.).
April 2, 2020: Announced extension of comment period to May 18, 2020 for proposed rule “Strengthening Transparency in Regulatory Science.”
March 26, 2020: Announced temporary enforcement discretion policy for COVID-19 pandemic applicable to civil violations during the outbreak. The policy requires regulated entities to “make every effort to comply with their environmental compliance obligations” and keep records of incidents in which they are unable to comply for COVID-19-related reasons. “EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that COVID-19 was the cause of the noncompliance and the entity provides supporting documentation to the EPA upon request.” EPA will provide notice at least 7 days before terminating the policy. V&E has analyzed the policy in more detail here.
Relaxed requirement to obtain EPA approval before obtaining certain inactive ingredients from different suppliers. Read more
March 13, 2020: Expedited review of disinfectants and expanded disinfectant list.
Attorney Contacts: Eric Groten, Ron Tenpas, Patrick Traylor, Corinne Snow, and Misty Howell
Federal Energy Regulatory Commission (FERC)
FERC Response and Updates on Coronavirus.
April 2, 2020:
FERC issued a policy statement assuring entities that it will give the highest priority to processing filings made for the purpose of assuring business continuity of regulated entities’ energy infrastructure during this time. To further assist expeditious actions, FERC issued other orders and extending extensions for certain filing requirements and temporarily delegating further authority to the Director, Office of Energy Market Regulation, or the Director’s designee, to take action on uncontested requests for waiver of certain regulatory obligations to address needs resulting from steps entities have taken to meet the emergency conditions caused by the Novel Coronavirus Disease (COVID‑19). Read more
FERC’s Chairman announced that Enforcement Staff will take the current emergency into account when assessing the timeliness of self-reporting and evaluating compliance programs as part of its analyses under the Penalty Guidelines or as part of an audit for operations taking place during the emergency. The Chairman announced other measures, including extensions of time for certain deadlines, that the Office of Enforcement is taking to relieve the burden on regulated entities in an audit while also remaining vigilant with respect to market surveillance to protect market participants and consumers. Read more
March 26, 2020: FERC and the National Association of Regulatory Utility Commissions (NARUC) today announced they are urging all state authorities to designate utility workers as essential to the nation’s critical infrastructure to ensure the reliability of the nation’s energy transmission and distribution systems. Read more
March 19, 2020: Office of the Secretary has issued notice of deadline extensions for certain required filings due on or before May 1, 2020, including non-statutory items such as compliance filings, responses to deficiency letters, rulemaking comments, and forms required by FERC (except for FERC Form No. 6). Extension also applies to filings required by entities’ tariffs or rate schedules. Read more
Entities may also seek waiver of Commission orders, regulations, and tariffs and rate schedules, as appropriate. Read more
FERC’s Office of Enforcement postponing all previously scheduled audit site visits and investigative testimony. Office of Enforcement will also act expeditiously in granting extensions and waivers of compliance filings, forms and EQRs, as appropriate. Read more
FERC Chief Administrative Law Judge has postponed hearing scheduled for April 7, 2020 and will make other case-specific calls on other hearings as their start dates approach. ALJ settlement conferences will continue via conference call. Read more
Attorney Contact: Jay Seegers, Anita Wilson, John Decker, Suzanne Clevenger, Andrew Beach, Damien Lyster, Chris Terhune, Corinne Snow, Brandon Tuck, Victoria Galvez Godfrey
Occupational Safety and Health Administration (OSHA)
May 4, 2020: Department of Labor publishes 11 new translations of OSHA poster to help prevent workplace coronavirus exposure.
April 10, 2020: Issued enforcement guidance for occupational illness recording, indicating that, for most employers, OSHA will not enforce the requirement to make work-relatedness determinations unless there is objective evidence that a COVID-19 case may be work-related and the evidence was reasonably available to the employer.
April 3, 2020: Issued guidance relating to “enforcement discretion to permit the extended use and reuse of respirators.” Read more
Issued guidance on Preparing Workplaces for COVID-19. Read more
Issued guidance for solid waste and wastewater management workers and employers. Read more
Attorney Contacts: Corinne Snow and Misty Howell
US Army Corps of Engineers (USACE)
USACE Coronavirus Updates
Regulated entities should refer to their local USACE District Office’s website for updates on regulatory enforcement and COVID-19.
Galveston District USACE COVID-19 information
Attorney Contacts: Corinne Snow and Audrey Doane
Fish and Wildlife Service (FWS)
General information on how the Coronavirus is impacting FWS.
Update on State-by-State and Territory Closures due to Coronavirus.
March 19, 2020: FWS announces temporary suspension of all entrance fees at national wildlife refuges until further notice. Almost 500 refuges are already open to the public. Read more
Attorney Contacts: Corinne Snow, Laura Ashdown
Department of Commence (DoC)
National Oceanic and Atmosphere Administration (NOAA)
Coronavirus Updates.
National Marine Fisheries Service (NMFS) (a.k.a, NOAA Fisheries)
NOAA Fisheries Coronavirus (COVID-19) Update
March 24, 2020: NMFS issued emergency action to provide authority to waive observer coverage, some training, and other program requirements on a case-by-case basis to protect public health and the safety of fishmen, etc.. Notice of the action will be published in the Federal Register on March 27, 2020. Read more
March 20, 2020: NMFS is temporarily waiving the requirement for vessels with Greater Atlantic Region fishing permits to carry a fishery observe or at-sea monitor through April 4, 2020
Attorney Contacts: Corinne Snow, Laura Ashdown
United States Department of Agriculture (USDA)
Frequently Asked Questions and USDA Actions to Respond to COVID-19.
March 26, 2020: USDA announced nationwide waivers to allow states flexibility to allow parent pick-up of meals for kids and to ease burdens on local meal providers during the COVID-19 pandemic. Read more
March 25, 2020: USDA implements immediate measures to help rural residents, businesses, and communities affected by COVID-19, including waiving or relaxing Single-Family Housing Direct Loan applications and site assessments, extending financial statement deadlines, and extending rural utilities service CPA audit deadlines. Read more
U.S. Forest Service (USFS)
USFS Coronavirus Updates
Attorney Contacts: Corinne Snow, Laura Ashdown
US Department of Transportation (DOT)
DOT Coronavirus Updates
Pipeline and Hazardous Materials Safety Administration (PHMSA)
April 22, 2020: PHMSA issues notice of enforcement discretion for gas pipeline operators.
- Includes 6-month stay of enforcement of initial Part 192 compliance deadlines in the rule if regulated entities unable to comply due to COVID-19 difficulties.
April 2, 2020: PHMSA issues temporary relief to companies transporting hand sanitizer by highway. Read more
April 1, 2020: PHMSA issues hazardous materials emergency special permits to certain entities seeking exemptions. Special permits are necessary in helping to prevent the spread of COVID-19. Read more
March 25, 2020: PHMSA issues a stay of enforcement of compliance against hazmat employers who are unable to provide recurrent training consistent with Hazardous Materials training requirement. Read more
March 20, 2020: PHMSA issues a stay of enforcement for pipeline operators due to the COVID-19 outbreak. The stay temporarily halts enforcement of compliance with operator qualification, control room management, and employee drug testing requirements, but does not relieve operators of their safety responsibility to use trained, non-impaired workers to perform operation and maintenance tasks. Read more
March 19, 2020: PHMSA provides guidance to state pipeline safety programs, prioritizing time-sensitive work and minimizing COVID-19 exposure. Read more
Attorney Contacts: Corinne Snow, Audrey Doane
Department of Energy (DOE)
General updates on how DOE is responding to the coronavirus pandemic.
DOE scientists are studying COVID-19. Read more
A new public-private partnership will provide COVID-19 researches access to high performance computing resources. Read more
Attorney Contacts: Corinne Snow and Sarah Greenberg
Nuclear Regulatory Commission (NRC)
April 16, 2020: NRC issues SECY-20-0034, informing the NRC Commissioners of the plan to exercise enforcement discretion for licensee noncompliance with regulatory requirements resulting from illnesses or other factors caused by the COVID-19 national emergency.
Attorney Contact: Laura Ashdown
April 30, 2020: ADEM press release warning reopening businesses to thoroughly flush water systems to guard against Legionnaires and other diseases.
April 3, 2020: Governor Ivey issued a Stay at Home order to be applied statewide, effective as of April 4, 2020 and will expire April 30, 2020 at 5:00 p.m. Essential businesses exempt from the Order include infrastructure operations such as electric, natural gas, and water utilities, fuel pipelines and transmission systems, petroleum producers, etc.
Alabama Department of Environmental Management (ADEM)
March 30, 2020: No need for Alabamians to worry about their drinking water during the COVID-19 crisis, ADEM Director says. Read more
Refers visitors to Alabama Department of Public Health for information concerning the coronavirus. Read more
Public hearings and ADEM Commission meetings are postponed or will be held and require following social distancing measures during meetings. Read more
Alabama Department of Conservation and Natural Resources (ADCNR)
ADCNR operations during COVID-19. Read more
Most outdoor facilities remain open for recreation, but some activities curtailed. Read more
April 2, 2020: Flounder fingerlings released ahead of schedule. Read more
State Oil and Gas Board of Alabama (O&G Board/GSA)
GSA employees working remotely and offices closed b/c of COVID-19. Read more
Attorney Contact: Laura Ashdown
Alaska Department of Environmental Conservation (ADEC)
No Action Assurance Memo issued for air quality, water quality, solid waste, and spill preparedness and response programs. where compliance with permit requirements would contravene guidance on COVID-19.
March 26, 2020: No Action Assurance Memo issued for events until July 1, 2020 where compliance with permit requirements would contravene guidance on COVID-19 for both air and water quality. Read more.
Resources for food safety and sanitation establishments and drinking water systems regarding best practices to prevent the spread of COVID-19. Read more
Temporarily honoring expired operator certifications and forgiving missed consent decree deadlines for water resource recovery facilities.
Alaska Department of Natural Resources (ADNR)
Open for business, but limiting face-to-face public services in favor of digital communications. Read more
Attorney Contact: Austin Pierce
Arizona Department of Environmental Quality (AZDEQ)
Updates on continuing AZDEQ operations while slowing the spread of COVID-19.
March 31, 2020: AZDEQ guidance memorandum explaining how AZDEQ is implementing compliance and enforcement relief measures for the regulated community in light of COVID-19, Executive Order 2020-17, and EPA’s March 26, 2020 memorandum. Read more
March 30, 2020: Governor Ducey issues Executive Order 2020-18, ordering Arizona citizens and businesses to ‘Stay Home, Stay Healthy, Stay Connected’, effective as of 5:00 p.m. on March 31, 2020, until April 30, 2020. Businesses and entities that are classified as “Essential Functions” and that may remain open include infrastructure operators such as oil and biofuel refineries, utilities, and solid waste and recycling collection and removal businesses. Read more
March 25, 2020: Announced vehicle inspection waiver for Arizona residents age 65 and older who have an emissions test required on their vehicle registration renewal notice. Eligible residents must submit a waiver application. AZDEQ is accepting waiver applications for vehicle registration renewals due in March, April, or May of 2020. Read more
March 18, 2020:
Announced that AZDEQ is continuing operations while also trying to slow the spread of COVID-19. AZDEQ offices are still open, that facility inspections and work to issue permits will continue uninterrupted, and that compliance conditions for facilities will continue to be required, including for public drinking water systems to ensure drinking water meets federal standards. Notes that AZDEQ events and meetings will be online-only or postponed. Read more
Arizona Game and Fish Department (AZGFD)
AZGFD updates related to COVID-19. Game and Fish offices still open, but by appointment only. All rifle, pistol ranges, and the Clay Target Center are closed to the public until further notice. Archery range opens with limited hours. Arizona’s outdoors are still open to hunting and fishing, but all education classroom courses are postponed. Any youth hunters may defer completion of the required, in-person portion of Hunted Education for up to one year following online certification. Read more
Game and Fish Commission’s April 17, 2020 meeting to be telephonic. Read more
Arizona State Land Department Natural Resource Division (ASLD)
Links to Arizona Department of Health Services website with information on COVID-19.
Attorney Contact: Laura Ashdown
ADEE-EQ COVID-19 Resources and Information
April 20, 2020: Oil and Gas Commission releases COVID-19 rule accommodations. Deadlines for completing requirements for General Rule B-7, H-1, H-2, and H-3 are extended 30 days from the current expiration or due date if that expiration/due date occurs within 30 days of March 17, 2020. The Director of the Oil & Gas Commission is also willing to consider any additional accommodations on a case-by-case basis.
- Requests for accommodations should be sent to the Office of the Secretary at COVID19EE@adeq.state.ar.us.
April 1, 2020: Provisional COVID-19 Enforcement Guidance, noting that ADEE-EQ enforcement discretion does not apply to criminal violations, to negligent or reckless actors, or to activities that are carried out under Superfund (CERCLA) or Resource Conservation and Recovery Act (RCRA) Corrective Action enforcement instruments. Notes that ADEE-EQ may consider enforcement discretion on a case-by-case basis, when COVID-19 related issues leads to non-compliance with the following programs:
- General permit conditions (for which noncompliance would lead to civil violations);
- Routine compliance, monitoring, and reporting;
- Consent Administrative Order reporting and milestones;
- Facility Operations; and,
- Licensing
Arkansas Department of Energy and Environment; Environmental Quality (ADEE-EQ)
Released enforcement guidance, stating that the Department may consider extending reporting deadlines, waiving late fees, and exercise enforcement discretion. Directed entity’s to email the Department at COVID19EE@adeq.state.ar.us. Affirms that despite the current state of affairs, all regulated entities remain obligated to ensure compliance to the best of their ability.
Has posted on its website a link to Arkansas Governor Hutchinson’s Executive Order 20-06, signed on March 17, 2020, which orders all Arkansas state agencies to identify provisions of regulations, statutes, etc. that may hinder or delay the agency’s ability to render maximum assistance to Arkansas citizens while they are complying with CDC COVID-19 guidelines. Orders agencies to post any of these identified statutes, regs, etc. on their website and that, upon posting, those statutes or regs will be suspended for a period of 30 days from March 17, 2020.
March 20, 2020: ADEE-EQ Director issues Emergency Order allowing Licensees with ADEE-EQ-administered licenses that expire on or before July 1, 2020 an additional six months to renew their respective licenses. Requires Licensees to submit documentation of completed professional development hours within ten days of completion and to submit a license renewal fee. Extension applies to licenses issued by ADEE-EQ’s Office of Water Quality, Office of Air Quality, and Office of Land Resources. Read more
Arkansas Department of Energy and Environment; Oil and Gas Commission (ADEE-O&G)
All April 2020 hearings are cancelled. COVID-19 notice and information. Oil and Gas Commission offices are closed to visitors, but remain staffed and operational.
March 27, 2020: Oil and Gas Commission releases COVID-19 rule accommodations. Deadlines for completing requirements for General Rule B-7, H-1, H-2, and H-3 are extended 30 days from the current expiration or due date if that expiration/due date occurs within 30 days of March 17, 2020. The Director of the Oil & Gas Commission is also willing to consider any additional accommodations on a case-by-case basis. Read more
Requests for accommodations should be sent to the Office of the Secretary at COVID19EE@adeq.state.ar.us.
Arkansas Natural Resources Commission (ANRC)
No April Commission meetings. Next Commission meeting tentatively scheduled for May 20, 2020. Read more
Attorney Contact: Laura Ashdown, Larry Pechacek (ADEE-O&G)
March 19, 2020: To enforce Governor Newsom’s Executive Order N-33-20, which became effective on March 19, 2020, the California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operation of the federal critical infrastructure sectors. The order is in effect until further notice. Unclear whether this means that the various CalEPA departments are all on hold. Will monitor situation as it unfolds. Read more
California EPA (CalEPA)
April 15, 2020: CalEPA issues statement on compliance with regulatory requirements during the COVID-19 emergency. States that environmental compliance is still required. If regulated entities need additional compliance assistance as a result of the COVID-19 pandemic, then some specific, limited enforcement discretion may be granted. These time-limited and specific requests that define the hardship must be directed to the specific CalEPA board, department or office as early as possible. Notification should be given before a regulated entity falls out of compliance and requests will be considered on a case-by-case basis in an expedited fashion.
CalEPA-Water Board:
April 2, 2020: Governor Newsome issued Executive Order N-42-20, suspending public water systems’ ability to disconnect water service to residences and critical infrastructure small businesses.
March 17, 2020: Advisory to public to not flush disinfecting wipes or paper towels down the toilet; throw them away instead. Read more
-Various CalEPA Boards:
- CA Air Resources Board: Notes that in-person services are not currently available at CARB locations, but that staff remain available to provide assistance via email and phone. Will not hold the March 26-27, 2020 CARB Board Meeting.
- CA Department of Pesticide Regulation:
April 6, 2020: DPR regulation filed and effective as of April 6, 2020. This regulation applies whenever Director of the Department of Public Health declares a health emergency. During a health emergency, the regulation exempts a public agency or its contractor from complying with requirements to receive consent from and provide notice to a property owner or operator before directly discharging a pesticide on the property owner’s property.Links to EPA’s list N of disinfectants for use against COVID-19 and also shows March 10th Pesticide Registration Evaluation Committee Meeting cancelled. - CalRecycle: COVID-19 resources and updates.
- Department of Toxic Substances Control: States that DTSC will continue to provide essential services during the COVID-19 outbreak. Instructs any regulated entities to contact DTSC Regulatory Assistance Office by calling 800-72-TOXIC or email RAO@dtsc.ca.gov.
- Office of Environmental Health Hazard Assessment:
Extending public comment period until May 1, 2020 for comments on draft technical support document for proposed public health goals for haloacetic acids in drinking water. Related public workshop is rescheduled for April 28, 2020 and will be held virtually. - State Water Resources Control Board:
Water Boards COVID-19 UpdatesAll non-essential file reviews are postponed and essential file reviews are by appointment only.Service of Process During the COVID-19 Emergency: In light of the COVID-19 emergency, the State Water Resources Control Board and the nine California Regional Water Quality Control Boards are committed to accepting service of summons via a notice of acknowledgement and receipt for the duration of the COVID-19 emergency.All March board meetings are cancelled and all April meetings are either postponed, cancelled, or will be conducted via video and teleconference only
California Natural Resources Agency (CNRA)
California Health Services COVID-19 information.
California Department of Conservation, Geologic Energy Management Division (CalGEM)
Public rulemakings and public meeting postponed. Read more.
States that the Department of Conservation is continuing essential business while modifying some practices including limiting staffing in some offices to help protect against the spread of COVID-19. Staff assistance is available at bit.ly/contact-DOC. Read more.
Attorney Contacts: Laura Ashdown, Larry Pechacek (CalGEM)
March 25, 2020: Governor Polis issues a Colorado statewide Executive Order D 2020 017, ordering Coloradans to stay at home, with the exception of individuals and businesses essential to provide goods and services necessary for critical infrastructure. Will continue until at least April 11, 2020. Read more
Colorado Department of Public Health & Environment (CDPHE)
General information on COVID-19 outbreak in Colorado. Read more
All scheduled public meetings will proceed virtually.
March 25, 2020: Department’s response to requests for pause on environmental regulatory and policy work. The Department intends to continue the majority of scheduled regulatory and policy activities as planned, except for the programs: CDPHE will request the Water Quality Control Commission (WQCC) to postpone its April 13 Administrative Action Hearing; the WQCC extended the deadline for filing an appeal regarding the 401 certification for the Northern Integrated Supply Project form March 31, 2020 to April 15, 2020; the Department will delay the Request for Hearing for Regulation 7 on Natural Gas-fire Reciprocating Internal Combustion Engines; the Department will delay the stakeholder process regarding Technologically Enhanced Naturally Occurring Radioactive Material from April 1 to May 4.
Colorado Department of Natural Resources (CDNR)
Most of CDNR employees working from home, but agencies remain open. Read more
Colorado Oil and Gas Conservation Commission (COGCC): The COGCC remains operational, with many of COGCC’s employees working remotely. COGCC is accepting alternative methods of service of process due to the COVID-19 pandemic and remote working procedures. COGCC is also allowing waivers to service of process to the COGCC on a case-by-case basis. Because COGCC’s building is closed, parties wishing to provide service of process to COGCC should email MIMI.LARSEN@STATE.CO.US and request a waiver of personal service and include all documents needed to serve the COGCC as well as a waiver form for acceptance of the service.
Attorney Contacts: Laura Ashdown, Larry Pechacek (COGCC)
General COVID-19 information for Connecticut.
March 25, 2020: Governor Lamont: (1) authorizes tolling of time periods for review and determinations for Connecticut DOT permit applications; (2) suspends of mandatory filing requirements for Freedom of Information act appeals and decisions; and (3) authorizes department heads, commissioners, agency heads, and boards and commissions of the state to extend, as they deem necessary, statutory and regulatory administrative deadlines for up to 90 days. Read more
March 22, 2020: Governor Lamont releases guidance to businesses on Executive Order asking Connecticut to ‘Stay Safe, Stay Home’. Executive Order to will require all non-essential workers statewide to work from home, effective Monday, March 23, 2020 at 8 P.M.
Connecticut Department of Energy and Environmental Protection (DEEP)
DEEP COVID-19 Response.
April 7, 2020: (Air) DEEP has extended the April 30, 2020 deadline to June 30, 2020, for biennial registration requirements for the operations of diagnostic and therapeutic x-ray devices, to ease the financial and administrative burden to the regulated community, many of whom are actively engaged in the COVID-19 public health response or are small businesses negatively impacted by the crisis.
April 1, 2020: (Air) DEEP is extending the April 30, 2020 deadline for the 1st Quarter reporting for Continuous Emissions Monitoring (CEM). The new deadline will be June 1, 2020. Read more
March 27, 2020: (Air) DEEP and DCP Commissioners have issued a Joint Waiver of Reid Vapor Pressure (RVP) regulations in recognition of reduced travel and an associated oversupply of gasoline meeting winter season RVP requirements during the public health emergency.
March 27, 2020: (Energy) DEEP issued a decision outlining several relief actions, including: continuing to develop projects in the pipeline; extending rebate and contract expiration periods; providing partial payment for initiated projects in the resident and small business program; and virtualizing inspection processes for residential/commercial/industrial projects. Read more
March 18, 2020 (Materials Management): Effective March 17, DEEP is temporarily suspending enforcement of “bottle bill” requirements that stores must accept empty beverage containers. Read more
March 17, 2020: DEEP petitioned the Public Utilities Regulatory Authority (PURA) to issue emergency orders to protect utility ratepayers during COVID-19 pandemic. Read more
Doing Business with DEEP during the COVID-19 Pandemic: Wherever possible, DEEP programs are encouraging that submittals be sent digitally, rather than hard copy.
- Hazardous Waste Manifests are now accessible electronically on the DEEP Document Online Search Portal.
- Water: During the COVID-19 pandemic, DEEP has prioritized the continue operations and functionality of critical infrastructure, such as municipal wastewater and dams.
- DEEP has established a dedicated address (DEEPWPCF@ct.gov) for submission of Monthly Operating Reports and Aquatic Toxicity Monitoring Reports to allow facilities to submit those permit-required documents by email.
- DEEP is receiving files from dam owners electronically through email to DEEP.DamSafety@ct.gov or by uploading files to the dam Safety FTP site. Please email us to access this FTP site.
- Review of dam safety files is available on a limited basis. Please email DEEP.DamSafety@ct.gov to arrange access to electronic dam safety files.
- Land & Water Resources Division: The Land and Water Resource Division (LWRD) is accepting applications for the various regulatory programs it administers electronically through an ftp site. Directions for e-filing can be found here.
- Applications are being reviewed and processed electronically in response to COVID-19.
- Training for the Connecticut State Harbor Masters scheduled for May 8, 2020 at DEEP’s Marine Headquarters in Old Lyme has been cancelled. The Connecticut Harbor Management Association and DEEP, the event co-sponsors are planning to hold this event in the spring of 2021.
- Remediation: The Remediation Division recognizes that Licensed Environmental Professionals (LEPs) and their associated staff that are actively conducting oversight of environmental investigation, cleanup, and construction projects are performing services that are deemed essential.
- In order to maintain continuous processing of LEP verifications submitted to the Department, we ask that any LEP who submitted a verification after March 6, 2020, and for any verification submitted during the COVID-19 response, please email a copy of the verification form and verification report to Carolyn Fusaro at Carolyn.Fusaro@ct.gov.
- Licensed Environmental Professionals: At its meeting on April 9, 2020, the State Board of Examiners of Environmental Professions addressed the following in response to the COVID-19 emergency:
- The Board approved a waiver of the regulatory limitation on the number of credits a Licensed Environmental Professional (LEP) can receive from approved distance learning courses for the biennial period from July 1, 2019 through June 30, 2021. Only approved distance learning courses can be used for credit.
DEEP announces temporary closure of DEEP offices to the public. Read more
DEEP announces precautionary closures of some spaces. Read more
Attorney Contact: Audrey Doane
March 22, 2020: Delaware Governor Carney issued modifications to his State of Emergency declaration, ordering Delawareans to stay home whenever possible and to close all non-essential businesses. Order goes into effect March 24, 2020 at 8:00 A.M.. Delaware provided a list of essential and non-essential businesses.
Department of Natural Resources and Environmental Control (DNREC)
Meetings are cancelled and any hearings will be conducted online. Read more
Attorney Contact: Austin Pierce
April 1, 2020: Governor Ron DeSantis issued statewide Executive Order No. 20-91, instructing Floridians to limit their movements outside their homes to only those necessary to obtain or provide essential services or conduct essential activities. Order is effective at 12:01 a.m. on April 3, 2020, and goes until April 30, 2020, unless extended.
Florida Department of Environmental Protection (FDEP)
March 22, 2020: All Florida State Parkers closed to the public as of Monday, March 23, 2020.
Public events cancelled. Read more
Many April events cancelled. Read more
Cancelling overnight reservations at Florida State Parks for next 60 days. Read more
Florida Fish and Wildlife Conservation Commission (FWC)
COVID-19 Updates.
March 26, 2020: FWC issued FWC Executive Order No. 20-08, extending the deadline for licenses that require renewal in March or April for at least 30 days from the current expiration date. These licenses include commercial freshwater licenses, charter fishing licenses, captive wildlife exhibition and sale licenses, venomous/conditional/prohibited reptiles, private game preserves and farms, and marine special activitiy licenses.
Closure and updates related to COVID-19. Read more
Attorney Contact: Laura Ashdown
Georgia Environmental Protection Division (GAEPD)
March 31, 2020: Published a memo indicating that programs in the state will apply the March 26 US EPA memo framework in applying enforcement discretion.
Many employees working remotely. Read more
Georgia Department of Natural Resources (GADNR)
March 19, 2020: Postponed marsh, shore protection committees meeting. Read more
Attorney Contact: Austin Pierce
April 17, 2020: State beaches are closed except for access to the ocean for solo exercise. Read more
March 29, 2020: Governor Ige signed executive order suspending certain state laws, including firearm registrations, controlled substances laws, and others. Read more.
March 23, 2020: Governor Ige issues a Proclamation ordering all persons in Hawaii to stay at home or in their place of residence, effective March 25, 2020 through April 30, 2020. The Proclamation does not apply to work in essential businesses or operations such as governmental functions, including hazardous materials responders or those working in industries such as chemicals, sanitization, waste pickup, transportation, energy, steel, petroleum and fuel, mining, etc. Read more.
Department of Health, Office of Environmental Quality Control (HOEQC)
Hawaii coronavirus information.
Department of Land & Natural Resources (HDLNR)
Parks and facilities are closed. Read more
Office of Planning, Coastal Zone Management Program (HCZM)
Attorney Contact: Sarah Greenberg
Idaho Department of Environmental Quality (IDEQ)
COVID-19 Response
April 8, 2020: IDEQ releases guidance—COVID-19 Regulatory Flexibility and Compliance Assistance—for regulated entities. If compliance with a specific law, permit, consent order or compliance agreement schedule requirement is deemed by a regulated entity to be unreasonable or impractical due to COVID-19, the entity must do the following:
- Act responsibly under the circumstances to minimize the impacts, effects, and duration of any noncompliance caused by COVID-19.
- Identify the specific nature and dates of the noncompliance, or the anticipated dates of noncompliance.
- Specifically identify how COVID-19 was the cause of the noncompliance, and all decisions and actions taken in response, including best efforts to comply and steps taken to return to compliance at the earliest opportunity.
- Return to compliance as soon as possible.
- Document information, actions, or conditions in the points mentioned above with specificity.
March 27, 2020: (Hazardous Waste) Guidance and compliance information for hazardous waste and used oil handlers during COVID-19 pandemic. IDEQ will work with regulated entities on a case-by-case basis and use enforcement discretion where applicable. Read more.
March 25, 2020: Idaho Department of Health and Welfare Director issued an Order to Self-Isolate to all individuals living in Idaho. Order also directs all businesses and governmental agencies to cease nonessential operations at physical locations and orders cessation of all non-essential travel. Order is effective as of March 25, 2020 and will continue until 11:59 p.m. on April 15, 2020, unless modified.
Solid Waste: Instruction to treat PPE and other wastes that may be contaminated with COVID-19 in the same manner as medical waste and instructing households with infected residents to tightly enclose any waste that may be contaminated with the virus. Read more
March 18, 2020: Guidance from IDEQ to wastewater operators and managers on how to respond to COVID-19 outbreak
Attorney Contact: Laura Ashdown
General information on how Illinois is addressing COVID-19.
March 20, 2020: Govern Pritzker has issued COVID-19 Executive Order No. 8, requiring the entire state of Illinois to stay at home or in a place of residence and requiring all non-essential businesses and operations to cease.
Illinois EPA (IEPA)
March 20, 2020:
IEPA has temporarily suspended all vehicle emission testing through April 30, 2020 in response to COVID-19 pandemic. All vehicle registration expiration dates have been extended 30 days to allow motorists to wait to have their vehicles tested and registrations renewed. Read more
IEPA Division of Public Water Supplies: COVID-19 guidance and resources for Illinois community water systems.
IEPA Division of Water Pollution Control: COVID-19 guidance and resources for Illinois wastewater treatment systems.
Illinois Department of Natural Resources (IDNR)
IDNR cancelling all upcoming scheduled events at state sites including, but not limited to, hunting and fishing on state-managed or -owned sites while state parks, fish, and wildlife areas, recreational area and historic sites are closed. However, hunters and anglers may hunt or fish during the ‘Stay at Home’ order if they have appropriate licenses, permits, and are hunting or fishing on private property or sites currently open to the public. Read more
March 15, 2020:All IDNR facilities and State Sites closed until further notice and all events cancelled. Read more
Attorney Contact: Laura Ashdown
Indiana Department of Environmental Management (IDEM)
All IDEM offices closed to in-person public activity until at least April 7. Read more
Executive order authorizes IDEM to waive, suspend, or modify existing rules during the emergency. IDEM encouraging communication with agency but generally will not offer advance approval of noncompliance. Read more
Attorney Contacts: Austin Pierce
Iowa Department of Natural Resources (IDNR)
IDNR COVID-19 Response
Iowa DNR meetings, classes, and events cancelled due to COVID-19. Read more
March 27, 2020: IDNR announces that it will be exercising enforcement discretion through April 30, 2020, by, as appropriate, not seeking administrative penalties for cited violations of law or by renewing or not seeking to revoke certain licenses, certifications, or permits. This discretion applies to certain requirements for solid waste, animal feeding operations, air quality, storm water, wastewater, water supply, and time of transfer inspectors as listed in the announcement. Read more
Attorney Contact: Audrey Doane
Kansas Department of Health and Environment (KDHE)
Kansas Coronavirus Information
March 28, 2020: Governor Kelly announces a statewide “stay home” order effective from March 30, 2020 until April 19, 2020. Read more
Kansas Corporation Commission-Conservation Division (KCC-CD): Important Notices related to COVID-19, the Governor’s Emergency Declaration and subsequent Commission actions. All KCC offices in Topeka, Wichita, Chanute, Dodge City, and Hays are closed to the public.
April 14, 2020: KCC extends emergency order suspending utility disconnects until May 15, 2020 in response to the COVID-19 Pandemic.
Attorney Contact: Audrey Doane
March 25, 2020: Governor Beshear issues Executive Order 2020-257, urging all Kentuckians to remain Healthy at Home, and ordering the closure of all non-life-sustaining businesses, effective as of March 26, 2020 and for the duration of the State of Emergency in Kentucky. Businesses that conduct energy, transportation, petroleum and fuel, mining, and other critical operations are exempt from the Order.
Kentucky Energy and Environment Cabinet (KEEC)
Energy and Environment Cabinet Services and COVID-19 In-Person Changes:
Division of Water, announced that inspections will not be conducted at drinking water, wastewater, and healthcare facilities or at any facility that has restricted public access, unless necessary to prevent or mitigate an imminent threat or risk to human health, safety, and the environment.
Division of Compliance Assistance, announced that late fees for drinking water operating certification renewals that are due on June 30-August 31 are waived to allow operators to get the needed continuing education credits to renew licenses.
Public Service Commission announced there will be no disconnections for non-payment of service and no late-payment charges for utility customers.
Division of Waste Management announced that unless it is necessary to prevent an imminent threat or risk to human health, safety, and the environment, hazardous or solid waste inspections will not be done at health care facilities, nursing homes, hospitals, pharmacies, medical waste transfer stations, locations that have susceptible populations, and locations that attract large numbers of people.
Division of Air Quality will do facility inspections on a case-by-case basis according to the on-site visitor policies during the COVID-19 pandemic.
Divisions of Mine Reclamation and Enforcement, Abandoned Mine Lands, Mine Safety, Mine Permits announced it will close all branch offices and will conduct business by teleconference. All mine safety classroom training is suspended and a one-month extension of all training expiration dates has been granted. Division will also cease on-site visits at this time.
March 18, 2020, announced that it would be closing its offices to the public to help limit the spread of COVID-19. Kentucky Nature Preserve events cancelled. All divisions noted below are also part of KEEC and the following announcements were also posted.
Division of Enforcement will do meetings with public via video conferencing.
Office of the Reclamation Guaranty Fund will only accept online payments.
The Division of Oil and Gas will close its offices to the public, but will still conduct business via phone or email and will continue inspections outdoor.
Division of Forestry will conduct its business and interactions via phone or email and will conduct solo site visits.
Attorney Contact: Audrey Doane
Louisiana Department of Natural Resources (LDNR): Due to the COVID-19 Pandemic, all LDNR Oil and Gas hearings scheduled for April 21, 2020 have been moved to the Hilton Hotel in Baton Rouge, LA.
March 22, 2020: Louisiana Governor Edwards issued a Stay at Home Order directing all Louisiana residents to shelter at home and to limit movements outside of their homes beyond essentials needs. Order goes into effect starting March 23, 2020 at 5:00 P.M. until April 13, 2020, unless terminated sooner. Provided list of essential infrastructure that may stay open and includes solid waste and recycling collection and removal, oil and biofuel refining, etc.
Louisiana Department of Environmental Quality (LDEQ)
April 3, 2020: Third Amended Declaration of Emergency and Administrative Order: Effective as of April 3, 2020 and effective until midnight, 30 days after April 3, 2020, unless modified or extended. Provides guidance protocols for radiation (x-ray) machines and radioactive material license compliance during the COVID-19 pandemic (effective April 3, 2020 and provided for the next 90 days). Also lists requirements for LDEQ on-line asbestos refresher training courses.
April 2, 2020: LDEQ encourages citizens to flush only toilet paper into their sewage or septic systems to prevent sewage problems during and after the COVID-19 pandemic. Read more
March 27, 2020: 2nd Amended Declaration of Emergency and Administrative Order: Effective immediately upon execution (March 19, 2020) of the Order and effective until midnight 30 days after March 19, 2020. Announces the following will apply throughout all of Louisiana:
- No late fees for outstanding invoices will be assessed
- Motor Fuel Trust Fund Eligibility and Reimbursement applications can be mailed or submitted electronically, but hard copies must be submitted within 30 days of the expiration of this emergency order
- All public notice and public participation procedures regarding proposed permit actions are postponed until further notice, but will accept public comments via email or mail.
- Will accept electronic submittals of permit-related materials, but require hard copies to be submitted within 30 days of the expiration of this Order. LDEQ will accept DocuSign signatures and online payments in lieu of checks.
- All facilities regulated by LDEQ that do not have appropriate personnel available due to COVID-19, will have a 30-day extension for the following deadlines, starting on March 19, 2020: The time deadlines to report or conduct periodic monitoring or other reports as required by permits, regulations, other authorizations, enforcement actions, or settlement actions (except for monitoring required under Title IV or V of the Clean Air Act or PSD Program.) The 30-day extension also applies to time deadlines to file an application for a renewal of an existing permit (except for air permits issued under Title V of the Clean Air Act or any other federal Clean Air Act requirement) and should submit renewal applications no later than the expiration date of the existing permit. The regulated facility must maintain documentation showing lack of appropriate personnel and must send it to LDEQ upon request.
- The deadline to submit Title V Semiannual Monitoring and Deviation reports and Annual Compliance Certifications is moved to May 1, 2020
- The order does not suspend emergency reporting requirements under permits or regulations
Frequently asked questions about COVID-19
Attorney Contact: Audrey Doane, Larry Pechacek (LDNR-Oil & Gas Division)
March 31, 2020: Governor Mills issues ‘Stay Healthy at Home’ Executive Order requiring Maine people to remain at home unless necessary to leave for an essential job or essential activity. Effective as of April 2, 2020 and will last until at least April 30, 2020.
Department of Environmental Protection (MDEP)
Offices closed to public; pre-application, pre-submission, and public information hearings held remotely.
MDEP COVID-19 Update: MDEP Bureau of Air Quality “expect[s] air emission sources to continue meeting all federal and state enforceable laws and/or air emission license requirements. If pandemic-related constraints, such as supply chain disruptions or the inability of employees to be on site, impact a facility’s ability to meet compliance obligations and are beyond the facility’s control, please contact the Department to discuss available options. Such situations will be considered on a case-by-case basis.”
MDEP Bureau of Water Quality issued guidance to the wastewater treatment industry indicating that it “expect[s] there may be staffing shortages that will require you to make operational changes and that not every routine task may be able to be accomplished. There may be increased infrastructure malfunctions due to non-flushables entering the system. There may be supply chain interruptions for chemicals, equipment, and supplies. And there may be other challenges that we have not foreseen. MDEP’s focus during the pandemic will be to do everything we can to help you keep the collection systems operational and provide the best level of treatment you can with the resources you have, and to ease your minds regarding regulatory issues.” The MDEP asks operators to keep in regular communication with their inspector regarding any issues that arise in order to allow MDEP to troubleshoot and assist as needed. Read more
MDEP Bureau of Land Resources: Effective April 6, 2020, all applications filed with the Bureau of Land Resources must be filed by email. Read more
MDEP Bureau of Remediation and Waste Management: Executive Order 24, dated March 26, 2020, allows the suspension of restrictions regarding operating days and times for solid waste facilities. Facilities should work with their DEP project manager when modifying hours. Order also allows certain recyclable materials such as waste paper, waste plastic, waste wood, and used motor vehicle tires to constitute recycling for determining if annual recycling goals are met. Effective March 18, 2020, the DEP will temporarily refrain from enforcement activity involving Maine retails and redemption centers that fail to accept beverage containers for redemption under the Bottle Redemption Program. Effective until April 30, 2020. Read more
March 20, 2020: MDEP request that public not flush baby wipes, paper towels, tissues, or other items down the toilet and that potential work staffing shortage during the COVID-19 pandemic could delay potential response time to repair clogged sewers. Read more
Department of Marine Resources (MDMR)
Announcement regarding lobster industry and need for cooperation.
Attorney Contact: Misty Howell
March 30, 2020: Governor Hogan announces Stay at Home Directive, directing all Maryland residents to stay at home unless necessary to leave for an essential job or an essential reason. Read more.
Maryland Department of the Environment (MDE)
All non-emergency essential MDE employees will telework until further notice.
March 25, 2020: MDE issues “no wipes in the pipes” reminder to Maryland residents, asking residents to not dispose of wipes or paper towels in the toilet, which can cause sewage backups and overflows. Read more
COVID-19 Update: MDE is bound by Maryland Governor’s March 5 Executive Order that provided a grace period for any state licenses, permits and/or registrations that may be expiring or up for renewal during the state of emergency. Renewal deadlines will be extended up to 30 days after the state of emergency is lifted. MDE will continue all mission-critical emergency response, field inspections and site visits necessary for the protection of public health and the environment.
Maryland Department of Natural Resources (MDNR)
March 30, 2020: MDNR issues guidance on Governor Hogan’s Stay at Home Order. Read more.
Suspending all spring trout stocking and cancelling or postponing fishing-related events scheduled for the spring. Read more
Canceling in-person safety classes and holding online, if possible. State parks are still open, but Maryland has enhanced cleaning protocols in place.
Notes that Maryland Governor’s March 5 Executive Order that provides a grace period of 30 days after the termination of the state of emergency to all Maryland state licenses, permits, registrations and authorizations that may be expiring or up for renewal during the state of emergency. Applies to MDNR-issued licenses. Read more
Attorney Contact: Audrey Doane
Department of Environmental Protection (MassDEP)
Issued detailed guidance and resources relating to compliance and permitting obligations for drinking water and wastewater operations, waste and recycling, waterway permitting, and wetlands and water quality certifications.
March 24, 2020: MassDEP issued guidance for public water suppliers covering topics including sampling and inspections, staffing shortages, and chemicals and supplies. Read more
March 23, 2020: Massachusetts Governor Baker issued the “Essential Services and Revised Gatherings Order”, ordering all non-essential businesses to close, starting noon, March 24, 2020. Provided a list of essential services that may remain open, including the electrical industry, petroleum facilities, natural gas and propane facilities, water and wastewater facilities, etc.
Offices closed for in-person services, but MassDEP staff available remotely
Attorney Contact: Misty Howell
Department of Environment, Great Lakes and Energy (MEGLE)
Local Coronavirus Information
Established email inbox to “accept requests for regulatory flexibility from entities who face unavoidable noncompliance directly due to the COVID-19 emergency” and “may consider extending reporting deadlines, waiving late fees, and otherwise exercising enforcement discretion.”
March 23, 2020: Michigan Governor Whitmer issues “Stay Home, Stay Safe” Executive Order, directing all Michigan businesses and operations to temporarily suspend in-person operations that are not necessary to sustain or protect life. Order goes into effect at 12:01 A.M. on March 24, 2020. Closure order does not apply to critical infrastructure such as energy, water and wastewater, etc.
Public events cancelled.
Information regarding procurement “matchmaking” database
Attorney Contact: Misty Howell
Pollution Control Agency (MPCA)
Public events and in-person meetings cancelled through April 30. Read more.
Established email inbox for regulated entities that “will have an unavoidable noncompliance situation, directly due to impact from the coronavirus” to request “regulatory flexibility” allowing alternative compliance measures such as extending reporting deadlines and extensions of operator certifications. Information regarding the requests for regulatory flexibility received can be found here.
Automatically extended solid waste landfill operator and wastewater operator certifications for those scheduled to expire between March 13 and July 31, 2020.
Environmental Quality Control Board (MEQB)
Staff working remotely until further notice and board meeting cancelled.
Department of Natural Resources (MDNR)
Cancelling and postponing some public events, open houses and meetings.
Attorney Contact: Misty Howell
April 3, 2020: Governor Reeves signed Executive Order No. 1466, instructing all people in Mississippi to shelter-in-place, with the exception of essential activities or work necessary to continue essential businesses, effective April 3, 2020 at 5:00 p.m. until April 20, 2020. Essential businesses exempt from the shelter-in-place order are listed in Executive Order 1463 and include businesses necessary for essential infrastructure such as utilities, power generation, petroleum producers, etc. Read more.
Mississippi Department of Environmental Quality (MDEQ)
Offices are closed to the public.
MDEQ: April 2, 2020: Released memorandum containing guidance for the regulated community regarding compliance with regulatory requirements during the COVID-19 pandemic. MDEQ notes that regulated persons and entities are expected to take all reasonably practicable steps to comply with permit terms, conditions, and regulatory environmental requirements.
MDEQ will make a case-specific evaluation and exercise appropriate enforcement discretion when non-compliance is caused by COVID-19 related personnel issues.
To qualify for potential compliance discretion, a regulated entity, person, or facility must provide adequate documentation that:
(1) the compliance deviation is attributable to the COVID-19 pandemic;
(2) the person or facility took all appropriate actions to minimize the extent and duration of the non-compliance; and
(3) the person or facility took reasonable steps to return to compliance as soon as possible.
For permits due for renewal between March 14, 2020 and the date this guidance is withdrawn, application for expiring permits must be submitted no later than 90 days from the date MDEQ withdraws this guidance. For all other deadlines, regulated parties may request an extension in writing from MDEQ and MDEQ will consider each extension request on a case-by-case basis
Department of Wildlife, Fisheries, and Parks (MDWFP)
MDWFP response and updates in response to COVID-19 pandemic. In compliance with Governor Reeves Executive Order #1466, all state and regional offices are closed to the public and all state lakes and park lakes will close to the public starting at 5:00 p.m. on April 3, 2020. All MDWFP not assigned to state and regional offices will continue to provide services statewide and remain fully operational. Read more.
Attorney Contact: Sarah Greenberg
Department of Natural Resources (MDNR)
May 6, 2020: DNR temporarily suspends training-hours requirements for operators of public drinking water systems, wastewater systems, and waste-management systems for concentrated animal-feeding operations.
April 10, 2020: DNR temporarily suspends some regulatory requirements, including hard copy filings, continuing education requirements for asbestos professionals, and in-person exams for non-restricted well-installation permits.
March 30, 2020: Extended deadline for vehicle emissions testing by sixty days.
March 19, 2020: Public events and programs cancelled through April 30. Read more
Attorney Contact: Misty Howell
Local Coronavirus Information.
Department of Environmental Quality (MDEQ)
March 31, 2020: Announced that agency will exercise enforcement discretion with respect to noncompliance caused by COVID-19, but will consider compliance efforts and history when exercising discretion.
MDEQ issued a Solid Waste Interim Workplan and Guidance to Public Water Supply Operators.
March 25, 2020: Buildings closed to the public until further notice; cancelling or postponing various public events.
Attorney Contact: Misty Howell
Department of Environment and Energy (NDEE)
March 27, 2020: Issued statement indicating “NDEE expects our regulated community to comply with Nebraska’s environmental laws, regulations, and permits to the best of their ability. NDEE will provide as much flexibility and assistance as lawfully possible in these difficult times. Any Nebraska facility facing difficulties complying with environmental requirements in their operations should call or notify us by email.”
March 19, 2020: Announcement to public that sanitizing wipes, baby wipes, and even “flushable” wipes are not flushable and request that public throw these sanitizing items away in the trash.
Public events cancelled.
Attorney Contact: Misty Howell
Department of Conservation and Natural Resources (NDCNR)
Department offices closed to public until further notice.
Attorney Contact: Misty Howell
Dept. of Environmental Services (NHDES)
NHDES Response to COVID-19 Generally.
March 30, 2020: Governor Chris Sunun issued Emergency Order #29 to establish temporary modification of certain Executive Branch deadlines and requirements, including NHDES as part of state’s efforts to respond to COVID-19. Allows for the following:
- Training
- No NHDES certification, license, or other approval, the renewal of which is dependent on the availability of department training, shall expire prior to the department offering such training.
- Air Resource Division
- For any entity or person holding an asbestos license or certification that would otherwise expire during the state of emergency, the expiration date is extended by six months.
- For any person with a current asbestos certification, that person will be allowed to perform work at asbestos projects without a current training certificate until such time as the required trainings become available.
- For permitted sources, the deadline to submit an annual emission report, nitrogen oxides statement, volatile organic compound statement, and annual compliance certification are extended to May 15, 2020.
- The deadline to submit annual emission fees is extended to June 15, 2020.
- For non-Title V permits that would otherwise expire during the state of emergency, the term of the permit is extended by six months.
- Permit applications that would otherwise need to be submitted 90 days prior to permit expiration will not be due until 30 days prior to permit expiration during the state of emergency.
- Waste Management Division
- The Emergency Order provides regulatory relief for New Hampshire underground storage tank operators, hazardous waste coordinators, solid waste operators, solid waste facilities, and asbestos disposal site owners as follows:
- Expiration dates for underground storage tank operator certifications coming due during the state of emergency have been extende by 180 days.
- Expiration dates for NHDES-issued hazardous waste coordinator certifications coming due during the state of emergency have been extended by 180 days, and certification renewal should be scheduled within 90 days of completion of the state of emergency.
- NHDES will endeavor to process all applications as expeditiously as possible; however, with the Governor’s consent, Commissioner Scott may extend solid waste facility permit and waste-derived product certification processing deadlines, if necessary due to the state of emergency.
- The submittal timeframes for solid waste facility reports due during the state of emergency have been extended by 90 days. This extension does not apply to incident reports for emergencies or action level conditions.
- Expiration dates for solid waste operator certifications coming due during the state of emergency have been extended by 180 days.
- The $25 late fee for late solid waste operator certification has been suspended for all applications received during, and up to 90 days after, the state of emergency.
- The Solid Waste Rules require that each facility have at least one principal solid waste operator present at the facility during operations. The Governor has authorized NHDES to waive this requirement, at the request of the facility, if conditions related to the state of emergency prevent compliance. For facilities seeking this relief, NHDES is authorized to place conditions on the waivers to ensure safe operations of the facilities.
- NHDES will endeavor to process all inactive asbestos disposal site work plans and waiver requests as expeditiously as possible; however, with the Governor’s consent, Commissioner Scott may extend inactive asbestos disposal site work plan and waiver request processing deadlines, if necessary due to the state of emergency.
- Water Division
- The wetland application requirements for signature by a town or city clerk, by a municipal conservation commission, by a local river management advisory committee, or by the New Hampshire Rivers Council may be met through electronic means by sending your email with key information including land owner and location address to DES.WetlandsTownConn@des.nh.gov.
- The NHDES is continuing to process all Alteration of Terrain, Shoreland and Wetland applications as expeditiously as possible. However, with the Governor’s approval, Commissioner Scott may extend these permit processing timelines if the state of emergency prevents timely processing.
- Deadlines for processing of Shoreland Permit by Notifications received during the declared state of emergency are extended 30 days.
- Because of the state of emergency, all large public water systems are only required to test back flow prevention devices annually for 2020.
April 25, 2020: NHDES issues advisory that state law does not require the use of low volatility gasoline during summer months and concurring with EPA waiver of fuel volatility standards to facilitate adequate supply.
Agency has requested no non-essential in-person contact.
NHDES issued guidance regarding how construction inspections will continue to go forward while incorporating social distancing norms; is allowing drinking water supply sampling to be postponed, but advises owners and operators to contact the NHDES project manager assigned to each project to discuss an alternative sampling schedule. NHDES also issued an update indicating that it is still processing requests submitted to the Petroleum Reimbursement Fund. Read more
Attorney Contact: Misty Howell
May 5, 2020: NJDEP issues general guidance for Underground Storage Tank (“UST”) owners and operators and adopts temporary rule modifications that extend UST certifications expiring between March 31, 2020 and August 31, 2020 until September 30, 2020.
April 24, 2020: NJDEP adopts temporary rule modifications that grants extensions to certain site remediation timeframes under the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), the Technical Requirements for Site Remediation, and the Heating Oil Tank System Remediation Rules.
March 21, 2020: Governor Murphy announced a statewide stay-at-home order, directing all residents to stay at home until further notice and requiring the closure of all non-essential retail businesses. Read more
Dept. of Environmental Protection (NJDEP)
March 20, 2020: All water providers asked to suspend shutoffs during outbreak.
NJDEP staff continue to work from home.
Attorney Contact: Misty Howell
March 23, 2020: Under the direction of Governor Grisham, Secretary of Health Kathy Kunkel issued a Public Health Emergency Order requiring all non-essential businesses to close and restricting mass gatherings in response to the COVID-19 pandemic. The Order became effective on March 24, 2020 and remains effective until the the public health emergency has ended. Essential businesses that may remain operations include infrastructure operators that provide water, gas, electrical, oil drilling and refining, natural resource extraction, etc.
Energy, Minerals, and Natural Resources Division (NMEMNRD)
- Oil Conservation Division (OCD):
- April 30, 2020: Oil Conservation Division announces additional guidance on compliance. OCD will work with operators on a case-by-case basis who seek extensions of compliance deadlines. OCD has begun issuing Agreed Compliance Orders so operators can shut-in wells due to economic hardship.
April 7, 2020: State park closure extended through April 30.
March 20, 2020: Majority of NMENMRD employees working remotely. All State Forestry field offices closed through April 9. NM State Parks closed through April 9. Oil Conservation Division field offices accessible by appointment only. Read more
Environment Department (NMED)
Resources for COVID-19.
Holding community meetings remotely.
April 30, 2020: NMED offers guidance to the oil and gas industry.
Offices are closed to the public.
March 20, 2020: News Release requesting public’s help in preventing clogged sewers and overflows by not flushing cleaning wipes, baby wipes, paper towels, or tissues and instead to dispose of these items in the trash. Read more
New Mexico State Land Office (NMSLO)
April 3, 2020: NMSLO announced it would initiate emergency rulemaking processes to allow oil lessees to temporarily stop producing without penalty for at least thirty days, with a possible extension up to 120 days when Commissioner Garcia Richard initiates a longer-term rule change process. Read more.
April 21, 2020: NMSLO releases Rule 19.2.100.71 Temporary Shut-In of Oil Wells Due to Severe Reduction in the Price of Oil.
Emergency Shut-In FAQ for Operators.
Additional information about assessing the risks of shut ins and preparing a contingency plan is available here.
Attorney Contact: Larry Pechacek and Sarah Greenberg
Department of Environmental Conservation (NYDEC)
March 23, 2020: NYDEC Commissioner issues Emergency Declaration authorizing NYDEC Regional Permit Administrators to issue general permits or emergency authorizations to allow activities necessary to immediately facilitate the constructions and operation of medical facilities, infrastructure and releated facilities necessary to combat the COVID-19 pandemic. Also authorizes all NYDEC Regional Directors to delegate authority for the issuance of permits. All emergency permits and actions are exempt from compliance with the requirements of the State Environmental Quality Review Act (SEQR), provided such actions are directly related to the COVID-19 emergency. General permits issued pursuant to ECL §70-0111 (d) shall expire no later than September 23, 2020 unless extended. Read more
March 22, 2020: As of March 22, 2020 at 8 PM, Governor Cuomo’s Executive Order “New York State on PAUSE” requires all non-essential workers to work from home and for everyone to maintain a 6-foot distance from others in public in order to slow the spread of COVID-19. Unclear whether this means NYDEC regulatory activities are on hold. Will monitor situation as it unfolds. Read more
March 19, 2020: Announced that DEC postponed exams for Falconry, Wildlife Rehabilitator, and Leashed Tracking Dog Licenses. Read more
As of March 16, 2020, all NYDEC events for March cancelled or postponed. Read more.
Attorney Contact: Sarah Greenberg
March 27, 2020: Governor Cooper signed Executive Order No. 121, ordering all individuals in North Carolina to stay at home, except for essential activities, and ordering all non-essential businesses to close, effective as of March 30, 2020 and remains in effect for 30 days, unless otherwise modified. Essential businesses exempt from the Order include essential infrastructure operations, such as oil and biofuel refining, water, sewer, and gas utility maintenance, solid waste and recycling collection and removal, etc. Read more.
Department of Environmental Quality (NCDEQ)
NCDEQ has adjusted operations in response to the COVID-19 pandemic. All NCDEQ offices locations are limiting public access to appointments only. Read more
March 30, 2020: NCDEQ releases memorandum regarding state environmental enforcement during the COVID-19 pandemic. NCDEQ will work with regulated entities to ensure they remain in compliance and in instances of non-compliance, will pursue enforcement actions on a case-by-case basis. Read more
March 19, 2020: NCDEQ Division of Coastal Management is extending deadline for 2020-21 Public Beach and Coastal Waterfront Access Grant pre-applications to May 15 at 5:00 P.M. from its original deadline of April 17. Read more
Various public meetings have been cancelled, including a meeting of the Coastal Resources Commission, a community information session on PFAS, a public hearing on log fumigation rules, a public hearing on proposed shellfish leases, and public hearings regarding specific proposed facilities.
Additionally, the comment period on an air permit application extended because the public meeting regarding that facility was cancelled.
Department of Natural and Cultural Resources (NCDNCR)
NCDNCR is working on ways to deliver remote educational programs.
Public operations at all locations except state parks and trails are closed. Read more
Wildlife Resources Commission (NCWRC)
Message from the NCWRC Director and COVID-19 updates and facility closures. NCWRC license, vessel registration, and wildlife helpline call centers are open from 8:00 a.m. – 2:00 p.m., Monday-Friday. The sales office at Commission Headquarters in Raleigh is closed, but individuals may still conduct transactions online. Hunting, fishing, and other wildlife-associated activities are still permissible, but participants must maintain at least six feet from each other and not congregate in groups large than 10 persons.
Various events have been cancelled. Read more
Attorney Contact: Sarah Greenberg
North Dakota Department of Environmental Quality (NDDEQ)
All NDDEQ department offices are closed to public access until April 20, 2020.
All NDDEQ department offices are closed to public access until April 6. All March and April training events and exams cancelled starting March 23, 2020. Read more
North Dakota Industrial Commission (NDIC):
NDIC Department of Mineral Resources offices closed to the public until otherwise indicated by the State of North Dakota, but Department of Mineral Resources, Oil and Gas Division, and Geological Survey staff will be available virtually through their email. If you are unsure of who to contact, reach out to DMR by emailing oilandgasinfo@nd.gov or 701-328-8020.
March 31, 2020: NDIC Department of Mineral Resources offices closed to public until April 6 or otherwise indicated, but Oil and Gas Division and Geological Survey staff are available via email at oilandgasinfo@nd.gov or 701-328-8020.
Issued a revised policy effective March 24, 2020, relating solely to wells drilled by operators in the state but whose casings have not yet been perforated (i.e., the wells are incapable of producing oil or gas) due to extremely low commodity prices. The revised policy allows for operators of those uncompleted wells to request (through submittal of a Sundry Notice) and receive Not Completed-Waiver (NCW) status from plugging and abandonment activities that would ordinarily be imposed on “abandoned” wells under the applicable regulations, provided certain well integrity and operational characteristics are documented and confirmed by the NDIC. The NCW’s are valid for one year (which may be increased beyond one year at the discretion of the Director) and may be extended in the future for periods of one-year for each future extension sought. The relief granted under this policy shall expire when crude oil prices exceed $50 (WTI) per barrel for 90 days. This revised policy does not change the abandonment procedures applicable to wells that have previously produced oil or gas.
Oil and Gas Division Hearings will continue as scheduled. For regulatory filing and reporting, oil and gas operators are instructed to review the guidance located in the Forms page of the Oil and Gas Division website.
North Dakota Department of Health recommendations for events and public gatherings Read more
Attorney Contact: Larry Pechacek and Laura Ashdown
March 22, 2020: Under direction of Ohio Governor DeWine, the Director of the Ohio Department of Health issued a stay at home order, requiring all non-essential business and operations to cease. Order goes into effect starting March 23, 2020 at 11:59 P.M. and will remain in effect until April 6, 2020 at 11:59 P.M.. Closure order does not apply to essential infrastructure including oil and biofuel refining, solid waste and recycling collection and removal, etc.
Environmental Protection Agency (OEPA)
Many OEPA staff working remotely.
March 19, 2020: OEPA has asked its contractor to close E-Check automobile emissions testing stations in the Cleveland-Akron metro area. OEPA will coordinate with Ohio BMV to assist people unable to get the E-Check performed and need to renew their vehicle’s registration. Read more
OEPA: While no general enforcement discretion has been proclaimed, regulated entities can go here to see how to communicate with OEPA about specific enforcement discretion requests. Read more
Department of Natural Resources (ODNR)
March 19, 2020: Some facilities are closed: division of oil and gas resources management are closed to the public until further notice, but staff is available by phone. Read more
Attorney Contact: Austin Pierce, Larry Pechacek
April 1, 2020: Governor Stitt issued statewide ‘Safer at Home’ Order for adults over the age of 65 and other vulnerable residents until April 30, 2020. All nonessential businesses will remain closed during this time.
Department of Environmental Quality (OKDEQ)
Offices are closed to the public.
OKDEQ issued a temporary water and wastewater operator reciprocity policy. Read more
OKDEQ cancelled industrial radiography exams. Current cardholders with cards expiring between May and September will receive a 6 month extension to their current card expiration date. Read more
News and information regarding OKDEQ and COVID-19. Read more
April 2, 2020: Notice that Hazardous Waste Generator Certificate Class that was originally scheduled for March 26, 2020, has been postponed until further notice. Read more
March 31, 2020: OKDEQ Radiation Management Section released a letter addressing radiation licensees, informing licensees that the Section may allow deferment or delay of some required routine checks and audits. To be eligible, regulated entities must document the delays and their reasoning for any delays. Read more
March 30, 2020: OKDEQ General Counsel addressed OKDEQ regulated entities on enforcement discretion and noncompliance issues related to the COVID-19 pandemic. OKDEQ will work with regulated entities on a case-by-case basis to determine whether to exercise enforcement discretion when noncompliance is caused by COVID-19 related issues. Read more.
March 20, 2020: OKDEQ Air Quality Division is extending the expiration date of all Lead Based Paint licenses and certifications that are expiring on March 31, 2020 and all Renovation, Repair, & Painting (RRP) certifications that expired on or after March 17, 2020. Extensions in effect until further notice. Read more
March 18, 2020: Instructions and new policy guidelines for public water system operators and wastewater system operators who anticipate difficulty completing sampling requirements are encouraged to contact DEQ.
Additionally, the deadline for the requirement of having 4 hours of training in order to renew an operator certification license is suspended. Read more
Liquefied Petroleum Gas Board (LPGB)
Cancelled events.
Commissioners of the Land Office (CLO)
Effective March 18, 2020, the CLO office is closed to the public until further notice.
Department of Mines (DoM)
Department of mines closed to the public. Read more
Lobby of DoM closed to the public. Cancelled meeting.
Water Resources Board (OWRB)
OWRB office closed to the general public and all training events canceled through April 30th.
Cancelled meetings. Read more
March 18, 2020: Compiling a pool of volunteer certified water and wastewater operators to provide emergency assistance to systems impacted by COVID-19.
Department of Wildlife Conservation (ODWC)
OCLWA Annual Conference scheduled for April 8-9, 2020 is cancelled. Read more
March 17, 2020: Offices closed to visitors. Read more
Licenses and permits continue to be sold online. Oklahomans may continue to hunt and fish while practicing social distancing. Read more.
Attorney Contact: Sarah Greenberg, Larry Pechacek
Local Coronavirus information.
March 23, 2020: Oregon Governor Brown issues Executive Order No. 20-12, ordering Oregonians to stay at home and ordering specified retail businesses to close, effective as of March 23, 2020, until terminated by the Governor.
Department of Environmental Quality (ODEQ)
DEQ will exercise reasonable discretion when deciding whether to pursue potential violations caused by emergency conditions. Regulated entities should document the justification and impact of pandemic-related disruptions. Several types of inspections are suspended until April 14. Vehicle inspection stations are closed. Read more
Department of Fish and Wildlife (ODFW)
Offices closed to the public; cancelled events and closed state parks.
Department of Agriculture, Natural Resources Program (ODANR)
Offices closed to the public; postponing some routine inspections, but critical inspections will continue. Read more
Attorney Contact: Sarah Greenberg
Department of Environmental Protection (PDEP)
All offices closed until at least March 31, though staff are still teleworking.
DEP is suspending the timeframe for providing permitting decisions. Read more
Department of Conservation and Natural Resources (PDCNR)
Events and facilities at state parks and forests are closed. Read more
Department of Environmental Protection (PDEP)
PDEP COVID-19 Updates:
PDEP continues to enforce all environmental laws and regulations, but also offers guidance to businesses facing compliance or other challenges during the pandemic.
April 2, 2020: PDEP issues guidance on tank inspections and installations during the COVID-19 pandemic.
Attorney Contact: Austin Pierce, Larry Pechacek
March 28, 2020: Governor Raimondo issued Executive Order 20-13, ordering all Rhode Island residents to stay at home and certain retail businesses to close. The Order remains effective until April 13, 2020, unless modified.
Department of Environmental Management (RIDEM)
COVID-19 updates.
No broad relief measure or policy. However, RIDEM encourages regulated entities with specific regulatory compliance issues to reach out. Requests for relief will be considered on a case by case basis.
RIDEM issued a RVP fuel waiver.
RIDEM extended the deadline to submit the air emissions inventory.
April 3, 2020: All Rhode Island state parks and beaches are closed due to the COVID-19 emergency until at least May 1, 2020.
March 25, 2020: Delayed opening of some facilities.
March 20, 2020: RIDEM press release urging all Rhode Islanders to refrain from flushing disinfectant wipes and to dispose of them in the trash. Notes that flushed disinfectant wipes have led to new reports of damaged pump stations and overwhelmed wastewater collection and treatment systems.
Some events are cancelled. Read more
Attorney Contact: Sarah Greenberg
South Carolina Department of Health and Environmental Control (SCDHEC)
March 14, 2020: Governor McMaster requests that all regulated utilities and cooperatives do not suspend or disconnect essential services for nonpayment during the current state of emergency. Read more
Water management & COVID-19: provides links to CDC guidance on water transmission and waste management questions around COVID-19.
SCDHEC Environmental Regulatory Assistance (COVID-19) Information: Regulatory relief action programs:
- Water Regulatory Relief:
- Deadline to submit DMRs to ePermitting extended from April 2020 to May 31, 2020.
- Project Questionnaires for State Revolving Fund (SRF) consideration for Fiscal Year 2021 will be accepted until April 24, 2020.
- The due date for NPDES wastewater permit-required testing and reports that fall within the next 30 days has been extended to April 30, 2020.
- The Stormwater Permitting Program is allowing for email submittals of NOIs for coverage under the NPDES Construction General Permit.
- Deadline for Small MS4s to submit their annual reports is extended until June 1, 2020.
- Air Quality Regulatory Relief:
- Extension of March 31, 2020 Emissions Inventories deadline to April 30, 2020.
- An additional 30 days will be allowed to submit On-Site Implementation Logs (OSIL) which are due on or before April 29, 2020.
- Extensions have been provided for asbestos personnel licenses that expire before April 29, 2020.
South Carolina Department of Natural Resources (SCDNR)
Updated list of closings and cancellations.
SCDNR Frequently Asked Questions Regarding COVID-19
As of March 19, 2020, SCDNR offices statewide no longer accommodate in-person transactions. SCDNR offices will continue their operations. Read more
Attorney Contact: Audrey Doane
South Dakota Department of Environment & Natural Resources (SDDENR)
Events cancelled, postponed, or changed to teleconference for March. Read more
SDDENR has created an FAQ page for questions about COVID-19 and Water Quality. Read more
Attorney Contact: Audrey Doane
Tennessee Department of Environment and Conservation (TDEC)
Local coronavirus information
Environmental programs are evaluating need for and ability to exercise discretion regarding license, permit, or certification expirations that would occur prior to April 30. Read more.
Attorney Contact: Austin Pierce
March 31, 2020: Governor Abbott signs Executive Order GA 14, ordering all Texans to stay home for non-essential activities beginning on April 2, 2020 until April 30, 2020, unless modified. Read more.
Texas Commission on Environmental Quality (TCEQ)
TCEQ Reporting Requirements for Regulated Entities and COVID-19.
April 6, 2020: Open letter from TCEQ Chairman Jon Niermann to concerned citizens, public advocates, and members of the regulated community regarding TCEQ’s COVID-19 response. Reiterates that TCEQ has not relaxed any limits on air emissions or discharges to water. States that TCEQ’s consideration of enforcement discretion will be for COVID-19 related compliance issues on a case-by-case basis and that the discretion is not a suspension of rules or exemption from agency rules.
March 26, 2020: TCEQ issues updated guidance to contractors, stating that work performed under TCEQ contracts is not subject to local orders and specifying work that is should continue, including work that: directly or indirectly supports State critical infrastructure or TCEQ essential services; can be performed remotely or through telework; and other work that can be performed safely. Read more
March 17, 2020: Enforcement Discretion for Regulated Entities Impacted by COVID-19: TCEQ’s Office of Compliance and Enforcement acknowledged that regulated entities may be experiencing disruptions in their ability to comply with applicable environmental regulations due to impacts from COVID-19 pandemic. For facilities whose ability to comply is compromised due to staffing issues caused by the virus, TCEQ is open to working with these impacted entities on a case-by-case basis regarding enforcement discretion. Impacted entities should email TCEQ outlining their compliance issues, provide documentation of the issues, and demonstrate how those issues are related to staffing difficulties caused by the virus. TCEQ will evaluate the situation on a case-by-case basis and provide administrative relief, as needed to regulated entities directly affected by the virus. Read more
TCEQ’s Air Quality Division announced it would exercise enforcement discretion and consider 2019 point-source emission inventories that are submitted on or before April 30, 2020 as timely received and divert from the regulatory requirement of the Texas Administrative Code (30 TAC 101.10(e)) that allows only emission inventories submitted on or before March 31 to be considered timely received. The Air Quality Division will consider additional enforcement discretion regarding the deadline as conditions warrant in response to COVID-19. Read more
Public Hearings for Proposed Rules: Numerous public hearings for proposed rulemakings have been cancelled and will instead accept written comments. Read more
Calendar of Public Meetings and Hearings on Permitting Cases: TCEQ has cancelled or continued all upcoming public meetings and hearings on permitting cases. Read more
Guidance on Disposal of Coronavirus Contaminated Waste.
Posted information to assist public water systems to minimize impacts due to COVID-19 outbreak. Read more
Announced potential impacts to TCEQ customer service during COVID-19 outbreak and noted that TCEQ has instituted teleworking through Monday, May 4. Read more
TCEQ has begun conducting some inspections “virtually,” with enhanced document requests.
Texas Railroad Commission (RRC)
May 5, 2020: RRC Chairman Christian votes “No” on April 29, 2020 proration order. RRC Task Force for Oil Economic Recover presented report outlining steps the RRC and other entities could take to provide industry relief during the current oil and gas downturn.
April 29, 2020: RRC publishes proposed order on proration volume for oil wells. Proposed order would limit Texas producers to a “Proration Volume” of 80% daily production multiplied by the number of days in a month, based on an operator’s highest average daily oil volume for the month-long periods of October, November, or December of 2019. Read more
RRC has issued guidance regarding waiver requests to: alternative fuels companies and transport companies; gas utilities; oil and gas operators; pipeline safety operators; pipeline operators and local distribution companies; and surface mining and reclamation operators. Read more
March 23, 2020: RRC Hearings Division released the COVID-19 Emergency Response Order, announcing that all hearings may be postponed or transitioned to a telephonic or Skype hearing. No in-person hearings will be conducted until further notice. Instructs parties to submit filings via mail or e-filing and will not allow in person scheduling or deliveries.
Cancelled March 31, 2020 Railroad Commission Meeting.
Because of COVID-19, RRC is no longer accepting in-person filings. Instead, parties should submit filings via mail. Read more
Texas Parks and Wildlife Division (TPWD)
April 7, 2020: Texas State parks temporarily closed to the public.
March 19, 2020: As of 12 pm on March 19, 2020, Texas State Parks will close public-serving facilities and programs. TPWD’s Austin headquarters will also be closing to the public at the same time. Texans who need to purchase hunting or fishing licenses, boat and motor owner transfers, and boat registration renewals can do it online or over the phone. These changes will be for the foreseeable future. Read more
Attorney Contacts: Eric Groten, Audrey Doane, Larry Pechacek
UDEQ Operations During COVID-19
Please see the regulatory guidance memos for each UDEQ division below. Regulated entities should contact UDEQ with any questions about how the COVID-19 pandemic will affect their compliance with environmental protections.
- Utah Division of Air Quality Regulatory Guidance During COVID-19 Pandemic.
- Utah Division of Water Quality Regulatory Guidance During COVID-19 Pandemic.
- Utah Division of Drinking Water Regulatory Guidance During COVID-19 Pandemic.
- Utah Division of Waste Management and Radiation Control Regulatory Guidance During COVID-19 Pandemic.
- Utah Dvision of Environmental Response and Remediation Regulatory Guidance During COVID-19 Pandemic.
March 27, 2020: Governor Gary Herbert signs Directive to the State of Utah to “Stay Safe, Stay Home”, but not a shelter-in-place order. Notes that the Directive does not apply to health care professionals, law enforcement or first responders, faith leaders and workers, or charitable and social organizations.
Utah Department of Environmental Quality (UDEQ)
April 1, 2020: UDEQ will be closing its offices to the public starting on April 3, 2020.
March 26, 2020: UDEQ Water Quality Division request that public only flush toilet paper and noting that increased use of wet wipes, paper towels, and napkins are stressing sewer lines. Read more.
UDEQ announces that enforcement of regulations that directly affect human healthy will take priority in accordance with the USEPA March 26, 2020 memo outlining temporary guidelines for loosening monitoring, reporting and enforcement of some environmental protections during the coronavirus outbreak. UDEQ will work with regulated communities on a case-by-case basis to determine reasonable exemptions to environmental rules. Read more
March 16, 2020: UDEQ press release reassuring Utahns that Utah public water supply is safe to drink during COVID-19 pandemic. Read more
Announcement that UDEQ staff working remotely. Read more
March 13, 2020: Instructions from UDEQ Drinking Water Division urging water operators to be prepared to address potential impacts to water supply due to personnel interruptions tied to COVID-19. Read more
Utah Department of Natural Resources (UDNR)
Provided link to digital clearinghouse to keep Utahns informed on changing conditions at both Utah state and national parks. Utah residents can visit state parks that are located in the county where they live.
March 26, 2020: UDNR coronavirus updates on how UDNR is minimizing service and resource impacts. Notes that majority of UDNR staff is teleworking. Read more.
Attorney Contact: Laura Ashdown, Larry Pechacek (UDNR-Oil, Gas, & Mining)
March 24, 2020: Governor Scott issues Addendum to Executive Order 01-20, directing Vermonters to stay home except for essential activities and requiring all in-person operations and non-essential businesses to close from March 25, 2020 until at least April 15, 2020.
Vermont Department of Environmental Conservation (VDEC)
COVID-19 VDEC response and resources.
VDEC employees working remotely; instructs public and customers to submit permit applications, compliance reports, and fee payments through VDEC’s online forms.
VDEC will exercise enforcement discretion re solid waste management if facilities keep records of hours of operation and limit hours of operation. Read more
VDEC will extend certification to water system operators who are unable to complete continuing education requirements. Read more
March 18, 2020: Until April 30, DEC will stop pursuing enforcement action against retailers or redemption centers who fail to redeem beverage containers subject to the bottle bill law. Read more.
Vermont Agency of Natural Resources (VANR)
VANR COVID-19 emergency information and resources.
March 31, 2020: VANR releases enforcement and compliance guidance document for regulated entities. Permittees are required to continue complying with their permits during the COVID-19 pandemic, but VANR may consider exercising enforcement discretion on a case-by-case basis. Read more.
Attorney Contact: Sarah Greenberg
Virginia Department of Environmental Quality (VDEQ)
March 31, 2020: VDEQ published a news release indicating that, while compliance is still required, COVID-19 impacts will be considered and providing responses for facilities to take if full compliance is not possible.
March 27, 2020: VDEQ has temporarily suspended all fieldwork.
March 24, 2020: All public meetings and public hearings canceled through the end of April.
March 18, 2020: DEQ is suspending routine field activities including inspections and monitoring, until April 1.
COVID waste to be treated in accordance with Virginia’s existing procedures.
Department of Conservation and Recreation (VDCR)
Virginia Marine Resources Commission (VMRC):
March 17, 2020: Commercial fishermen who are unable to renew their licenses during COVID-19 closure will be allowed to continue to fish with their 2019 license until the Commission opens. Commercial fishermen may also use a crab agent without an approved form during the closure. Any work authorized by permits issued by the Habitat Management Division with expiration dates during office closure may continue, but you must send an email to formally request an extension.
Virginia Department of Game and Inland Fisheries (VDGIF)
All VDGIF offices closed to walk-in traffic until further notice.
Attorney Contact: Austin Pierce
March 23, 2020: Governor Inslee signs Proclamation requiring Washington residents to stay at home for two weeks, with the exception of personnel essential to critical infrastructure. Washingtonians must stay home unless pursuing an essential activity such as grocery shopping, doctor appointments, or essential work duties. Washingtonians may leave their homes for walks, but must keep at least 6 feet away from each other. Read more
Washington State Department of Ecology (WSDOE)
Coronavirus updates:
Working remotely and regional office closed starting March 18 until further notice. In some cases, WSDOE does not have access to paper records while it is currently working remotely and may have to provide them at a later date. All of WSDOE’s offices are closed to walk-in service through April 8, 2020, with possible extensions, if needed.
WSDOE acknowledged that it is still processing public records requests, but that it may have to extend due dates depending on each individual situation and request. Read more.
March 25, 2020: As of March 26, 2020, the WDNR has closed all public lands managed by the Department to the public through at least April 8, 2020. Includes frequently-asked questions. Read more.
West Virginia Department of Environmental Protection (WVDEP)
March 27, 2020: WVDEP published its expectation that facilities continue to operate in full compliance but if compliance is not reasonably practicable facilities should follow the requirements outlined in the March 26 US EPA memorandum.
Washington State Department of Natural Resources (WDNR)
DNR closing offices to public, but agency functions remain operational with some limitations due to COVID-19. Read more
Attorney Contact: Laura Ashdown
West Virginia Department of Environmental Protection (WVDEP)
March 27, 2020: WVDEP published its expectation that facilities continue to operate in full compliance but if compliance is not reasonably practicable facilities should follow the requirements outlined in the March 26 US EPA memorandum.
West Virginia Division of Natural Resources (WVDNR)
Meetings regarding proposed hunting and fishing regulations canceled. Read more
Attorney Contacts: Austin Pierce, Larry Pechacek
Wisconsin Department of Natural Resources (WDNR)
Burning permits are suspended until further notice.
Some meetings cancelled. Read more
Attorney Contact: Austin Pierce
Wyoming Coronavirus Information
Governor Gordon has closed non-essential personal services, bars, restaurants, theaters, gymnasiums, and schools, and forbidden gatherings of 10 or more people statewide through April 17, 2020.
Wyoming Department of Environmental Quality (WDEQ)
WDEQ COVID-19 information for regulated entities.
March 25, 2020: WDEQ offices remain open across the state, but Abandoned Mine Land Pre-Bid Project Tours will be conducted online and viewing of physical documents and records must be scheduled through an online portal. WDEQ is considering alternative formats for public hearings and meetings, but has not issued any guidance yet. Read more
Wyoming Oil & Gas Conservation Commission (WYOGCC):
WYOGCC Coronavirus Updates.
Attorney Contacts:
Audrey Doane, Larry Pechacek (WYGOCC)
Department of Natural and Environmental Resources (DRNA)
March 19, 2020: The DRNA issued a compliance waiver for certain emergency generator use, particularly for medical, pharmaceutical, and other health-related facilities. Read more
Extension of terms, and renewal deadlines, for certain licenses, permits, and endorsements issued by DRNA to April 30, 2020.
Attorney Contact: Austin Pierce
Attorney Contact: Misty Howell
Non-essential government offices are closed.
Attorney Contact: Audrey Doane
Department of Planning and Natural Resources
Modified operations are in effect: some public facilities are closed and hours of service are modified. Read more
Department of Planning and Natural Resources cancelled Historic Preservation Committee meetings. Read more
Attorney Contact: Sarah Greenberg
American Samoa Environmental Protection Agency (AS-EPA)
Attorney Contact: Laura Ashdown
Please visit our Coronavirus: Preparation & Response series for additional resources we hope will be helpful.