by John J. Kowalski, CHMM
On March 2, 2020, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule to codify the major elements of inspections that it carries out in its civil enforcement of environmental laws. This rule, which was required by an Executive Order, took effect immediately upon publication in the Federal Register. As a rule of Agency procedure, it is exempt from the notice and comment requirements set forth in the Administrative Procedure Act.
The purpose of this rule-making is to provide direction to Agency personnel on how to conduct EPA on-site civil administrative inspections. Therefore, it addresses the common elements applicable to on-site civil inspections for compliance with all of the environmental laws administered by EPA. However, the specific activities that may occur during an inspection may vary depending upon the facility and the statutory authority upon which the inspection is based. The final rule will be codified at 40 CFR Part 31.
Environmental Protection Agency. “On-Site Civil Inspection Procedures” Federal Register 85 (2 March 2020): 12224-12226. https://www.govinfo.gov/content/pkg/FR-2020-03-02/pdf/2020-03508.pdf
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