EPA Announces Termination of COVID-19 Enforcement Discretion Policy

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The Environmental Protection Agency (EPA) has announced the scheduled termination of its controversial Enforcement Discretion Policy (Policy). In a memorandum dated June 29, 2020 (Memorandum), Susan Bodine, the Assistant Administrator for Enforcement and Compliance Assurance (OECA), stated that the Policy will terminate on August 31, 2020. The late summer termination date is intended to provide the regulated community with adequate time to “adjust to changing circumstances” surrounding the pandemic. Citing a series of developments since the issuance of the Policy on March 26, 2020, including new federal guidelines and directives to support both the public health response and economic recovery efforts as well as the gradual return to routine facility operations across the country, the Memorandum notes that the circumstances under which the Policy may apply have been reduced.

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