EPA Adds Termination Addendum to COVID-19 Enforcement Policy

On June 29, 2020, the US Environmental Protection Agency (EPA) issued a memorandum on a termination addendum to the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020, as the termination date for the temporary enforcement policy. Susan Parker Bodine, Assistant Administrator for Enforcement and Compliance Assurance, signed the memorandum stating, " I have selected August 31, 2020, as 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. As stated in the temporary policy, entities should make every effort to comply with their environmental compliance obligations and the policy applies only to situations where compliance is not reasonably practicable as a result of COVID-19. These situations should become fewer and fewer."

The temporary enforcement policy terminates in its entirety at 11:59 PM Eastern Daylight Savings Time on August 31, 2020. EPA will not base any exercise of enforcement discretion on this temporary policy for any noncompliance that occurs after August 31, 2020. EPA may terminate the temporary policy prior to August 31, 2020 with seven days prior notice on a state or national basis, in whole or in part, depending on changing conditions in a state or region of the country such as the expiration of stay-at-home orders and public health emergency guidelines.