EPA Rescinds Rule on Guidance Documents
EPA is rescinding the rule in accordance with Executive Order 13992, “Revocation of Certain Executive Orders Concerning Federal Regulations” signed by President Joe Biden on January 20, 2021
WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) issued a final rule rescinding an October 18, 2020, rulemaking that established procedures for issuing, modifying, withdrawing, and using guidance documents. This final rule restores EPA’s ability to provide timely guidance on which the public can confidently rely.
“By rescinding the internal rule on guidance, EPA will restore the flexibilities needed to effectively address urgent public health, safety, and environmental challenges, so we can effectively deliver on our mission,” said EPA Administrator Michael S. Regan.
EPA has historically employed procedures for public transparency and involvement in the development of all agency actions, including guidance, and will continue these practices. Specifically:
- EPA will continue its practice of soliciting stakeholder input on guidance of significant stakeholder and public interest, as appropriate.
- Stakeholders may submit a request to the EPA at any time to issue, amend, or repeal EPA guidance.
- Guidance continues to be non-binding and does not have the force and effect of law.
- EPA will continue to make agency guidance available to the public. More information is available at https://epa.gov/guidance.
The final rule will be effective when it is published in the Federal Register.