EPA Rescinds Fairness And Transpariency

EPA announced it was rescinding another Trump-era rule, this one based on Trump's Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." 

That Executive Order stated, "Within 120 days of the date of this order, each agency that conducts civil administrative inspections shall publish a rule of agency procedure governing such inspections, if such a rule does not already exist.” The Order implied that there was a need for a rule of agency procedure, due to a perceived lack of transparency on how EPA conducts on-site civil administrative inspections. A regulation from EPA soon followed and governed procedures for how agency personnel would conduct on-site inspections and follow-up. 

Citing the pandemic, the economy, racial justice and climate change as reasons for the rescission, the Biden Administration stated that EPA needed to use "robust regulatory action" for inspections and this action did not alter stakeholders’ rights because manuals/guidance documents on how to conduct inspections and enforcement could be found on EPA's website, though the location was not listed. 

The rescission went into effect on December 30, 2021, the day it was published. There was no notice or comment period.