NEWSRELEASE 3.2

 

EPA Announces Enforcement Discretion Policy for COM [ii-19
Pondem ic

WASHINGTON {March 26. Emmi?The U.S.Enu1ronmental Protiection?gency is
mindful o?fthe heahh and safety of tine public. as well as our staff. and those of Federal
Agenci?. State and Local Gou'emments. Tnbes. Regulated Entities. Contractors. and
Non-gouemmental ICirganiaations during the pande'nic. The agency istaiong
these important considerations into account as weail continue our work to protect: human
heahh and the enuironmem. Accordingly. announcing a temporary policy regarding
EPA enforcement of enyironmental legal obligations during the COED-19 pandemic.

temporary enforcement discretion policy appliesto ci'uil yiolations during tine
(SQUID-19 oLnbreair. The policy addresses dilferentcategori? 
differently. Forexample. underthe policy not expecttoseelr penalti-E 
noncompliance with routine monitoring and reporting obligations that are the Eultofthe
C?'ul'l pandemic but cio-E expect operators of piblic watier systiems to continue to
ensure die safetyo?fcur drinking water supplies. The policy also dEcn'bes the steps that
regulated facilities shouid taineto qualify for enforcement discretion.

committed to protecting human heahh and the enliironment. but recognizing
challeng? resulting from efforts to protect workers and the public from END-19 may
directly Impact the ability of regulated facilities to- rneetal federal regulatory requirements.?
said EPA Administrator Andrew Wheeler. 'This temporary policyI is daigned to provide
enforcement discretion under?ne currert. eimaordinary conditions. whie ensuring facility
operations continue ti:- protect human heahh and the emironment.?

Thetemporarg.I policy maJ-rE it clearthat EFieeaxuedts regulated facilitiE 1o compl].l with
regulatory requiremems. whe'e reasonably practicable. and to return to compliance as
quickly as possrbie. To beeirgible for enforcement discretion. the policyan require
facilhiesto document decisions made to prevent or nit-gate noncompliance and
demonstrate howthe noncompliance was caused by tine pandemic

This policy doa not provide leniency for intentional criminal of law.

The policy does not acti'y'ti? that arecarried out under Superfund and HERA
Correctiue?tcticn enforcement instruments. EPA will addrEs these matters in separatie
communications.

EPA's policy will apply retroactiyely beginning on March 13. 2026. EPA wil assess the
continued need for and scope o?fthistemporarg.I policy on a regular basis and wil update it
if ERA-deten'nin? modi?cations are necessary. In or-derto procldefair and sut?cient notice
to the public. EF'Awrll post a noti?cation at ieast'nr days priortoten'ninating this
temporary policy.

To read the EF'AFolicy on Enforcement during tine 
outlcrealc 'Itcs :agc'r er fcrcerr st: er force :a to:? Jblicat ts.

 

Members ofthe public can help protect our enyi'cnment by identifying and reporting

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