The longest federal government shutdown in U.S. history continues to affect around 800,000 federal workers and major agencies, including the United States Environmental Protection Agency (“EPA”). Despite the shutdown, however, many EPA employees are being called into work without pay.
On January 14, 2019, EPA updated its contingency plan for shut down to increase the total number of “excepted personnel” to 891 or 6.37% of its total workforce. EPA’s contingency plan lists 486 HQ program employees as “excepted personnel” and 405 Regional employees as “excepted personnel.” 22 of the excepted Regional employees include those located in Chicago at Region 5.
“Excepted personnel” are those that are necessary to perform “excepted activities” and are excluded from furlough during the shutdown, but only for the house/days it takes them to perform their expected activities. “Excepted activities” include activities such as providing for homeland and national security or personal services necessary to respond to emergencies involving the safety of human life or the protection of property, where the threat to human life or property is imminent. Such personal services include legal counseling, litigation, and law enforcement activities designed to protect human life and property from imminent threat. EPA has also stated that work in preparing for a congressional hearing is “excepted,” and, as such, EPA “excepted a limited number of employees” to help Acting EPA Administrator Andrew Wheeler prepare for his confirmation hearing, which the Senate held Wednesday.
As the partial government shutdown continues, it is expected that EPA functions and personnel responsibilities will continue to be limited to activities that are necessary to protect public health and safety. According to EPA’s contingency plan, once EPA receives notification that an appropriation has been approved or is imminent, it will contact EPA Regional offices to begin resuming orderly operations.