On May 19, 2020, the U.S. Environmental Protection Agency (EPA) released its “first ever” proposed rule intended to improve the transparency of guidance. According to EPA, the new rule will significantly increase the transparency of its practices around guidance and will improve its process for managing guidance documents. When final, the rule will:
- Establish the first formal petition process for the public to request that EPA modify or withdraw a guidance document;
- Ensure that EPA’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 documents.
EPA has posted a pre-publication version of the proposed rule. Publication in the Federal Register will begin a 30-day public comment period. For more information, please read the full memorandum.