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April 14, 2020

14 April 2020

EPA Leaves COVID-19 Decision-Making for On-Site Cleanup Work to Regional Offices

On April 10, the U.S. Environmental Protection Agency (EPA) released guidance to its regional offices regarding how on-site cleanup work may be adjusted during the COVID-19 pandemic. The guidance supplements an internal agency guidance, issued in March by the Office of Land and Emergency Management. EPA had issued guidance on enforcement discretion on March 26 that explicitly excluded the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) activities. The new guidance applies to cleanup and emergency response sites EPA directly oversees or is responsible for under the RCRA and the CERCLA.

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