EPA Finalizes Rule for New Regulatory Guidance Documents
The U.S. Environmental Protection Agency (EPA) finalized a rulemaking on Sept. 14 that establishes new regulatory standards for all EPA regulatory guidance documents. These documents help EPA and other federal agencies provide implementation and enforcement guidance to regulated entities. EPA has issued tens of thousands of guidance documents to interpret environmental statutes, regulations and its permitting programs.
EPA's final rule, which is intended to increase transparency and access, has four key elements:
- Establishes a regulatory definition for the "guidance documents" and "significant guidance documents" that are subject to the rule's requirements.
- Responds to President Trump's directive under Executive Order 13891, "Promoting the Rule of Law Through Improved Agency Guidance Documents," by creating a centralized website where the public can locate all of EPA's active regulatory guidance documents.
- Requires all "significant regulatory guidance documents" to be subject to public comment before being finalized by the Agency.
- Creates a process by which anyone can petition the Agency to modify or withdraw any existing regulatory guidance document.