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Environmental Update

EPA Releases COVID-19 Guidance for Superfund and Other Field Work

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On April 10, the U.S. Environmental Protection Agency (EPA) issued its anticipated guidance to its regional administrators regarding whether field work at Superfund, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act, Oil Pollution Act and other sites should continue or be temporarily paused or reduced in light of COVID-19. The guidance draws few bright lines but instead generally encourages the EPA regional offices to make decisions about whether field work should continue on a site-by-site basis. To that end, EPA identified certain circumstances that may impair a party’s ability to comply with response requirements, such as where (1) a site worker has tested positive for COVID-19, (2) social distancing is not possible at a site, (3) there may be interactions with high-risk groups (including work in homes), and (4) local authorities have restricted travel or requested that particular work or types of work stop.

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