Opinions and Legal Insights

OIRA Best Practices for Administrative Enforcement and Adjudicative Actions


https://www.gravel2gavel.com/files/2020/10/1200px-US-OfficeOfManagementAndBudget-Seal.svg_-300x300.pngOn March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the components of an appropriate inspection procedure. Briefly, the rules require that, after the inspector’s credential are made available, the object of the inspection will be discussed (and most inspections will be held during regular working hours), consent to enter must be obtained, there should be an opening and a closing conference with facility representatives, safety protocols must be observed, confidential business information must be protected, and there will be an opportunity for split sampling. Once the report is completed, it will be shared with the facility.