EPA Proposes Rule to Improve Transparency of Guidance

EPA on May 19, as directed by President Trump’s Executive Order to promote transparency through improved agency guidance, announced its first-ever proposed rule to establish consistent requirements and procedures for the issuance of guidance documents.

Historically, EPA has issued many more guidance documents than most federal agencies, making it difficult for regulated industries, including ILTA members, to keep track and comply with rules. “Today’s action is a major step toward increasing transparency in EPA processes and ensuring that EPA is not creating new regulatory obligations through guidance,” EPA Administrator Andrew Wheeler said in a statement.

This new rule would:

• Establish the first formal petition process for the public to request that EPA modify or withdraw a guidance document;
• Ensure that the agency’s guidance documents are developed with appropriate review and are accessible and transparent to the public; and
• Provide for public participation in the development of significant guidance document.

The proposed rule will be open for public comment 30 days after it publishes in the Federal Register. ILTA will likely comment in support of the proposal.