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EPA finalizes rule on regulatory guidance document transparency

The U.S. Environmental Protection Agency is moving to establish consistent requirements and procedures for the issuance of guidance documents through a final rule, which was announced on Sept. 14 by EPA Administrator Andrew Wheeler and comes in response to a 2019 executive order issued by President Trump to promote transparency.

In July 2020, EPA finalized a guidance portal that provides public access to agency guidance documents.

According to EPA, the final rule will significantly increase the transparency of EPA’s guidance practices and will improve the agency’s process for managing guidance documents.

In a news release, EPA said the rule establishes the first formal petition process for the public to request that EPA modify, withdraw or reinstate a guidance document.

The final rule also ensures that the agency’s guidance documents are developed with appropriate review and are accessible to the public and allows public participation in the development of significant guidance documents, the EPA said.

Additional information about the rule is available here.