New EPA Guidance Procedures – The National Law Review
On October 19, 2020, the U.S. Environmental Protection Agency (EPA) published an historic final rule that establishes Agency-wide procedures and requirements for issuing guidance documents consistent with Executive Order 13891 (“Promoting the Rule of Law Through Improved Agency Guidance Documents”).
As we covered in our previous article, the rule defines which documents are “guidance” subject to the rule, establishes general requirements and procedures for certain Agency-issued guidance documents, and specifies additional requirements for guidance documents determined to be “significant.” The final rule defines the term “active guidance document” to mean a guidance document in effect that EPA expects to cite, use, or rely upon. Such active guidance documents must be posted to a single EPA online portal. The rule also establishes procedures for the public to petition for the withdrawal or modification of active guidance documents. Significantly, the final rule adds a procedure that was not included in the proposal, under which the public can petition the Agency for the reinstatement of a rescinded guidance document.
In accordance with E.O. 13891, the rule