EPA Meets President Trump’s Deadline, Makes Agency Guidance Available to the Public

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In support of President Trump’s Executive Order to promote transparency, the U.S. Environmental Protection Agency (EPA) launched a new guidance portal that provides public access to agency guidance documents. This new searchable database will make it easier for the regulated community to find and follow agency guidance.
“EPA has followed through on President Trump’s direction to streamline and improve the transparency of regulatory guidance issued by the agency,” said EPA Administrator Andrew Wheeler. “This new online database is a major milestone in government transparency.  Never before has the American public had access to all of the Agency’s guidance documents? This initiative spearheaded by President Trump will finally provide sunlight to agency decisions.”
On October 9, 2019, President Trump issued Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents, to promote transparency by ensuring that all active guidance documents are made available to the public. Today, EPA is meeting the President’s deadline under the EO. The new guidance portal provides an indexed database that allows the public to search for documents based on a range of criteria that include the date of issuance, general subject matter, and a summary of contents.
Prior to the launch of the portal, EPA conducted an exhaustive review of its current guidance documents and withdrew those documents that were determined to be no longer relevant.
The guidance portal also provides a mechanism for the public to request modification or withdrawal of any documents. The EPA uses guidance documents to clarify existing obligations for interested parties, but not as a vehicle for implementing new, binding requirements on the public.
In addition to the guidance portal, by August 28, 2020, EPA is developing a regulation that establishes the processes and procedures for issuance of new guidance documents.