The U.S. EPA has always allowed for a public comment period on proposed regulations.  However, the environmental agency has historically issued far more “Guidance Documents” than enforceable laws and regulations.  The guidance documents have never had a public review process before issuance.  That may be changing. This week the EPA issued proposed rulemaking that would establish administrative procedures for public petitions on Guidance Documents. “Today’s action is a major step toward increasing transparency in EPA processes and ensuring that EPA is not creating new regulatory obligations through guidance,” said EPA Administrator Andrew Wheeler. The agency states that the purpose is to ensure that guidance documents are:
  • Developed with appropriate review
  • Accessible and transparent to the public
  • Provided for public participation in the development of significant guidance documents
To read the new rule summary: click here For the full federal register entry: click here