Date: May 26, 2020
On May 22, 2020, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register establishing procedures for issuing and managing guidance documents. The rule was required by the 2019 Executive Order (E.O.) 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents and complements EPA’s consolidated Guidance Portal established earlier this year. Comments on the proposal are due June 22, 2020.
“Significant” guidance documents are defined by E.O. 13891 to include, among other things, those that may reasonably be anticipated to (i) give rise to new legal or policy issues “arising out of legal mandates, the President’s priorities, or the principles of Executive Order 12866,” (ii) affect the economy by at least $100 million annually, (iii) have a material adverse effect on a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or the states; or (iv) interfere with actions by another federal agency.
EPA is soliciting comments from the public regarding the processes and procedures established by the proposed rulemaking, which will be accepted for 30 days.
 EPA Guidance; Administrative Procedures for Issuance and Public Petitions, 85 Fed. Reg. 31,104 (May 22, 2020)
 See generally Promoting the Rule of Law Through Improved Agency Guidance Documents, 84 Fed. Reg. 55,235 (Oct. 15, 2019).
 Notice of Public Guidance Portal, 85 Fed. Reg. 11,986 (Feb. 28, 2020).
 Guidance Implementing Executive Order 13891, Title “Promoting the Rule of Law Through Improved Agency Guidance Documents,” Office of Information and Regulatory Affairs (Oct. 31, 2019), p. 2.
 Companies interested in adding existing guidance to the Portal are advised to act well in advance of the June 27, 2020 deadline, as EPA staff still will need to review the guidance and consider whether to keep it in effect.