New EPA Guidance Procedures – The National Law Review

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”).[1] 

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that was not included in the proposal, under which the public can petition the Agency for the reinstatement of a rescinded guidance document.[2] 

In accordance with E.O. 13891, the rule
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