EPA Guidance; Administrative Procedures for Issuance and Public Petitions; Rescission
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This action rescinds EPA's rulemaking for issuing, modifying, withdrawing, and using guidance documents. Specifically, consistent with Executive Order 13992, this regulation provides EPA the flexibility “to use available tools to confront urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID-19) pandemic, economic recovery, racial justice, and climate change.” EPA’s guidance documents continue to be available at https://www.epa.gov and are non-binding and do not have the force and effect of law.
EPA published a final rule on October 19, 2020, establishing certain procedures and requirements regarding the issuance, revision, and withdrawal of guidance documents. This prior rule was promulgated to implement EO 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” (84 FR 55235, October 15, 2019). Executive Order EO 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation,” issued on January 20, 2021, revoked EO 13891 and directed federal agencies to take steps to rescind any rules or regulations implementing or enforcing EO 13891.