Regulatory Alert: EPA Releases Proposed Rule to Improve Transparency of Guidance Documents
May 19, 2020
Today the U.S. Environmental Protection Agency (EPA) released a proposed rule that would establish consistent and transparent procedures and requirements for the development and issuance of agency guidance documents. The purpose of the proposal is to ensure that the public can participate in the development of guidance and a formal process exists for withdrawing or modifying such documents. EPA's actions would fulfill a mandate in an executive order that President Trump issued in October 2019, which directed federal agencies to ensure that guidance documents only clarified existing obligations and did not impose new, binding requirements.
You can view EPA's press release here and the pre-publication version of the proposed rule here.
Background. In October 2019, President Trump signed two executive orders that sought to improve the transparency and fairness of agency guidance documents and reduce efforts to promulgate regulations outside of the formal rulemaking process. Specifically, Executive Order 13891 requires federal agencies to seek public input on significant guidance, and allow for the public to request the withdrawal or modification of a guidance document. The orders were another step in the administration's regulatory reform efforts to reduce unnecessary regulations on industry, a key priority outlined in the joint airport regulatory reform priority list established by AAAE and ACI-NA and previously submitted to the administration. You can read a summary of the executive orders in our October 10 Regulatory Alert.
Highlights of the Proposed Rule. EPA is proposing to codify the following agency processes for the development, publication, and management of guidance documents:
Next Steps. The proposed rule is expected to be published in the Federal Register in the near term. After publication, the public and interested stakeholders will have 30 days to provide feedback to EPA. AAAE will be reviewing the proposal to determine whether to file comments.
If you have any questions or other feedback regarding the proposed rule, please contact Justin Barkowski at justin.barkowski@aaae.org.
Today the U.S. Environmental Protection Agency (EPA) released a proposed rule that would establish consistent and transparent procedures and requirements for the development and issuance of agency guidance documents. The purpose of the proposal is to ensure that the public can participate in the development of guidance and a formal process exists for withdrawing or modifying such documents. EPA's actions would fulfill a mandate in an executive order that President Trump issued in October 2019, which directed federal agencies to ensure that guidance documents only clarified existing obligations and did not impose new, binding requirements.
You can view EPA's press release here and the pre-publication version of the proposed rule here.
Background. In October 2019, President Trump signed two executive orders that sought to improve the transparency and fairness of agency guidance documents and reduce efforts to promulgate regulations outside of the formal rulemaking process. Specifically, Executive Order 13891 requires federal agencies to seek public input on significant guidance, and allow for the public to request the withdrawal or modification of a guidance document. The orders were another step in the administration's regulatory reform efforts to reduce unnecessary regulations on industry, a key priority outlined in the joint airport regulatory reform priority list established by AAAE and ACI-NA and previously submitted to the administration. You can read a summary of the executive orders in our October 10 Regulatory Alert.
Highlights of the Proposed Rule. EPA is proposing to codify the following agency processes for the development, publication, and management of guidance documents:
- Using an online portal to clearly identify any guidance documents available for the public, known as the EPA Guidance Portal;
- Requiring a 30-day public review and comment opportunity for all significant guidance documents, regardless if the document is new or a modification or withdrawal of an active document;
- Making available to the public, through EPA's website or the Federal eRulemaking Portal, any comments submitted on a draft significant guidance document; and
- Proposing procedures to allow the public to petition EPA for the modification or withdrawal of an active guidance document on the EPA Guidance Portal.
Next Steps. The proposed rule is expected to be published in the Federal Register in the near term. After publication, the public and interested stakeholders will have 30 days to provide feedback to EPA. AAAE will be reviewing the proposal to determine whether to file comments.
If you have any questions or other feedback regarding the proposed rule, please contact Justin Barkowski at justin.barkowski@aaae.org.
