EPA Rescinds Guidance Rule

In today’s (5/18) Federal Register, EPA rescinded the final rule (85 FR 66230, October 19, 2020) that established the procedures and requirements regarding the issuance, revision, and withdrawal of the Agency’s guidance documents. The prior final rule was promulgated to implement Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents” (84 FR 55235, October 15, 2019). EPA rescinded this rule as after internal review, the Agency concluded that the internal rule on guidance reduced the necessary flexibility in determining when and how best to issue public guidance based on particular facts and circumstances, and unduly restricted its ability to provide timely guidance.