EPA Launches Guidance Portal

On February 28, 2020, the United States Environmental Protection Agency (EPA) announced the launch of a new online guidance portal to provide public access to agency guidance documents through a searchable database. The new portal supports President Trump's Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents.

In a news release, EPA Administrator Andrew Wheeler said, "EPA has followed through on President Trump's direction to streamline and improve the transparency of regulatory guidance issued by the agency. 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.”

The new guidance portal provides an indexed database that allows the public to search for documents based on a range of criteria that include date of issuance, general subject matter, and summary of contents. Prior to the launch of the portal, EPA reviewed all current guidance documents and withdrew any that were no longer relevant.

The portal includes s 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.

As well as the guidance portal, EPA is developing a regulation to establish process and procedure for issuance of new guidance documents. The regulation is expected by August 28, 2020.