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ARTICLE · 18 MAY 2021

Environmental Protection Agency Rescinds Procedural Regulation For Guidance Documents

Holland & Knight
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The revisions to the EPA's policies and requirements surrounding guidance are matters of agency organization, procedure, or practice that lack the force and effect of law.

United StatesEnvironment
Dianne Phillips
Dianne Phillips
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On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the Federal Register. The rescinded rule – previously effective Nov. 18, 2020, based upon Federal Register publication dated Oct. 19, 2020 – was prompted by the prior administration's Executive Order (E.O.) 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents (Oct. 15, 2019), which directed federal agencies to develop regulations to set forth processes and procedures for issuing guidance documents. E.O. 13891 was revoked on Jan. 20, 2021, by President Joe Biden in E.O. 13992, Revocation of Certain Executive Orders Concerning Federal Regulation. According to E.O. 13992, the rescission is warranted to equip agencies with the flexibility to use robust regulatory action to address national priorities and revoke harmful policies that

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