Sep 18, 2020

EPA Publishes “First Ever” Rule Intended to Promote Transparency in Developing Regulatory Guidance Documents

On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, "Promoting the Rule of Law Through Improved Agency Guidance Documents." The final regulation provides a definition of guidance document for the purposes of this rule, establishes general requirements and procedures for certain guidance documents issued by EPA, and incorporates additional requirements for guidance documents determined to be significant guidance.

Read full from Lynn L. Bergeson and Carla N. Hutton