On-Site Civil Inspection Procedures Rule
EPA Administrator Andrew Wheeler signed the On-Site Civil Inspection Procedures Rule on February 6, 2020. EPA promulgated this procedural rule to fulfill the objectives outlined in the October 9, 2019 Executive Order (EO) 13892, Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication. As contemplated by section 7 of EO 13892, Ensuring Reasonable Administrative Inspections, this rule converted a subset of what had been long-standing civil inspection practices, guided by applicable agency policies, into rules of Agency procedure by which “all” civil inspections “shall be conducted.” 40 CFR Part 31.1(a).
EPA Administrator Michael S Regan signed the rule’s rescission on December 30, 2021, in accordance with the Presidential directive of January 20, 2021, “Revocation of Certain Executive Orders Concerning Federal Regulation,” and in order to ensure appropriate flexibilities to site-specific inspection work. Although not altering the rights of parties outside of EPA, the change from an Agency practice to a rule of procedure reduces the flexibility that is inherent in implementing agency policies in a case-by-case manner. The procedures for inspections must be adaptable to the site-specific conditions that the Agency faces in conducting its investigations. By rescinding the 2020 inspection procedures rule, EPA is restored the flexibility needed when carrying out civil inspections under a myriad of circumstances.