In a previous post, I mentioned that the Regional Water Quality Control Boards and federal EPA were taking, respectively, a "harder" and "softer" line about enforcement of regulations and requirements during the present crisis. I also said that, while the Department of Toxics Substances Control had not yet issued an official position, it was expected that DTSC would follow the Regional Board's "hard-line" position.
Indeed, on April 15, 2020, the California Environmental Protection Agency, which supervises both the water boards and DTSC, announced follows:
"Controlling pollution in communities with high rates of respiratory disease and multiple environmental burdens remains a priority for CalEPA – especially given recent studies that suggest a correlation between these factors and COVID-19 susceptibility. Accordingly, CalEPA will continue to respond, investigate, and – when necessary – take action on complaints related to environmental non-compliance. CalEPA will also fill any enforcement gaps left by the U.S. EPA’s decision to reduce environmental oversight. We will also maintain our capacity to respond to emergencies. The ongoing clean-up of contaminated sites will be prioritized to abate or prevent an imminent threat to public health or the environment, while ensuring worker safety."
This statement from Cal-EPA does allow that there may be exceptional circumstances warranting relief (such as a delay in meeting deadlines), but that the request must be addressed to the CalEPA, Regional Board or DTSC official supervising the regulated entity and be as specific as possible as to why the regulated entity cannot fulfill its responsibilities.
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