COVID-19: Environmental compliance issues

During the COVID-19 crisis, the evolving nature of the public health emergency will create new challenges for companies that are licensed by the Environmental protection Agency (EPA) in trying to comply with environmental regulatory matters. Below are some practical suggestions on how to integrate environmental compliance information that can be used to check compliance status.

IE Licence Annual Environmental Report (AER)

  • AERs are due to be submitted to the EPA either on or before 30 April 2020 (if using the new EPA Word template) or on or before 31 March 2020 (if using the previous EPA reporting format or existing Excel template)
  • If the ongoing emergency impacts on your ability to complete and submit the AER, you should notify the EPA immediately

Ramping up/down

  • Many companies find themselves operating at one end of the spectrum: either at minimal levels / ceasing operations or operating at capacity or being asked to identify potential maximum capacity
  • If you are in this bracket, you should ensure that you consult with your internal teams to understand the obligations for either ceasing or expanding operations
  • This includes making any required notifications to the EPA, if exceedences of emission limit values may occur as a result

EPA timelines

  • If commitments have been made to the EPA, for example in relation to timelines for addressing EPA inspection observations or non-compliances, but there is a concern that a timeline cannot be met due to COVID-19 impacts, an immediate written request should be made for an extension from the EPA.

Industrial Emissions (IE) Directive licence monitoring

  • The government restrictions and the implementation of physical distancing, together with the changing nature of the public health emergency, could affect the ability of companies to carry out routine IE licence monitoring requirements
  • The public health emergency has also affected, and will continue to affect, contractors that companies relies on, in relation to responding to general IE licence monitoring requirements
  • The EPA should be notified immediately if the continuity of IE licence monitoring is going to be disrupted in the short term

Emergency response capabilities

  • Emergency and spill reporting protocols should be reviewed
  • Companies should also confirm that the people who will respond and report any spill or emergency are still available
  • Consider adding alternate contact information
  • Confirm that on-site emergency response supplies are adequately stocked
  • Check with your emergency response contactors to ensure they are still operational and can respond. If not, then seek alternative contractors
  • With constantly changing staffing levels at some companies and workforces reduced due to self-isolation and self-quarantine, ensure clear communication exits to ensure how environmental compliance and emergency response are managed

Review policies and procedures

  • Now would be a good time to have policies and procedures reviewed to determine if any temporary changes are required as a result of COVID-19 operational realities
  • In some companies, employees are now working remotely. Consider delegating this review to someone who is now working remotely as opposed to at a facility

Assess implications of the wider government shutdowns (from 28 March 2020)

  • Companies should continue to consider the implications of changes to their operations now that wider government-ordered shutdown have been implemented, with workforces and supply chains being further affected
  • Temporary closure plans should be reviewed to ensure critical operations are managed appropriately and key contractors, who may be required to assist in any closure, continue to be available
  • Importantly, services in the manufacturing sector have been recognised by the government as essential services, meaning workers are permitted to travel to and from work during the more restrictive lockdown. Essential services includes companies that manufacture:
    • Food and beverage products
    • Chemicals and chemical products
    • Pharmaceutical products and pharmaceutical preparations
    • Computer, electronic and optical products including semi-conductors
    • Electrical equipment, machinery and other equipment
    • Medical devices

If you require further information or assistance in relation to environmental advice arising from COVID-19, please contact Alison Fanagan, Consultant, Jason Milne, Partner, Alan Roberts, Partner or any member from the Environmental & Planning team at A&L Goodbody.

Date published: 31 March 2020