The Environmental Protection Agency will end a COVID-19 temporary enforcement policy on August 31, 2020.
EPA selected the termination date for the “temporary policy because it reflects the appropriate balancing of the relevant factors; it recognizes that the circumstances surrounding the temporary policy are changing, but also ensures that there is adequate time to adjust to the changing circumstances,” a June 29, 2020 memo from Susan Bodine, Assistant Administrator for the Office of Enforcement and Compliance at EPA, said.
The memo also states EPA may terminate the policy earlier than August 31, 2020, taking into consideration changing state or regional conditions, the status of federal and/or state COVID19 public health emergency guidelines, and/or other relevant factors or considerations. If the agency terminates the policy earlier, at least seven days’ notice would be provided.
EPA still maintains its enforcement discretion on a case-by-case basis regarding any noncompliance, including noncompliance caused by the COVID-19 public health emergency, before or after the temporary policy is terminated.
The EPA issued the temporary policy on March 26, 2020, in response to potential worker shortages and travel restrictions that may prevent routine compliance monitoring and reporting requirements and other obligations.
The policy was retroactive beginning on March 13, 2020.
For more information, visit EPA’s updated frequently asked questions about the temporary enforcement policy.