EPN Comments on Proposed Procedures for Issuing Guidance Documents Subject to Executive Order 13891

On June 22, 2020, EPN submitted comments on EPA’s proposed rule entitled “EPA Guidance: Administrative Procedures for Issuance and Public Petitions” issued under Executive Order (EO) 13891 “Promoting the Rule of Law Through Improved Agency Guidance Documents.” This order directs federal agencies to develop regulations and set forth processes and procedures for issuing guidance documents. EPN took issue with the legal basis of the rulemaking, and believes it creates a risk of making it as burdensome to issue guidance as to promulgate rules.

Read the comments.