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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
AUG ! 9 :338
MEMO RAN D U M SOLID WAST? AND EMEBGENCY BESPQNSS
SUBJECT: ^Review Btocedures for OSWER Guidance Documents
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FROM: 3$&K w; "McGraw
Deputy Assistant Administrator
TO: OSWER Office Directors
James Makris, Director
Preparedness Staff
Attached for your use are guidelines for the classification,
definition, and review procedures for OSWER guidance documents.
These guidelines have been established out of a need for more
uniformity throughout OSWER in the identification and review of "
guidance documents.
The purpose of these guidelines is to classify all OSWER
guidance documents with respect to policy or regulatory content
and effect. All guidance documents will fall into one of three
categories, each of which requires a different level of review
and approval. At the time the Office Director gives approval to
begin work on a guidance document, it should be classified into
one of the three categories, and the workplan should reflect the
appropriate procedure for review and approval of the document.
In addition, twice a year the Office Directors will be
requested to identify the guidance documents that they plan to
work on during the next six months. This request will coincide
with preparation of the Serai-Annual Regulatory Agenda , but will
not become part of the Regulatory Agenda. Rather, the
compilation of this information will serve as a planning and
monitoring tool for the Office Directors, as well as for the AA,
DAA, and the Policy Analysis & External Affairs Staff.
For assistance in guidance or regulation development process,
please contact Cynthia Schweitzer of the Policy Analysis and
External Affairs Staff at 382-4617.
Attachment
cc; Thomas E. Kelly, Director
Office of Standards and Regulations, OPPE
Nancy Helm, Desk Officer
Regulation Management Branch, OPPE
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GOIDELIMBS FOR
CLASSIFICATION, DEFINITION, AND REVIEW PROCEDURES
FOR OSWER GUIDANCE DOCUMENTS
as of August 19, 1988
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OSWER GUIDANCE DOCUMENTS
CLASSIFICATION AMD DEFINITION
I. STATUTORY/REGULATORY GUIDANCE DOCUMENTS
A document is classified as a "Statutory/Regulatory Guidance
Document" if it meets one or more of the following criteria:
will have significant impact on non-OSWER regulatory
programs (e.g., guidance on meeting air emission
standards under RCRA);
is mandated by the statute or a court order;
contains policy interpretation about specific
statutory language and/or regulations that has not
previously been addressed in regulations;
i
has the potential to impose a significant economic
impact on. the regulated community.
II
PROCEDURAL AND TECHNICAL GUIDANCE DOCUMENTS
A document is classified as a "Procedural or Technical Guidance
Document" if it meets one or more of the following criteria:
- describes administrative procedures to implement and
comply with a regulatory program;
describes EPA (OSWER) approved technologies, test
methods, laboratory procedures;
addresses quality assurance issues.
III. TECHNICAL RESOURCE DOCUMENTS
provides or describes data, information, and results
of technical and scientific experiments and/or
studies, including case studies.
NOTE: Brochures, fact sheets, and periodic status reports are
not considered guidance documents. These documents
simply provide information to the public on existing
regulations and policies.
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OSWER GUIDANCE DOCUMENTS
REVIEW/APPROVAL PROCEDORES
*• STATUTORY/REGULATORY GUIDANCE DOCUMENTS
A "Statutory/Regulatory Guidance Document" will follow the same
review and approval procedures that a rule follows (see June 22,
1988, memo from E. LaPointe to OSWER Office Directors). Like a
rule, this guidance document must be designated as a "major,"
"minor," or "significant" action. A Start Action Request (SAR)
must be submitted to the Steering Committee, and development of
the document will continue to follow the procedures associated
with a rule of the same designation, including Red Border and OMB
review. usually, the AA's signature is
publication of this document; however,
Administrator's signature may be required.
sufficient
in some
for final
cases the
II.
PROCEDURAL AND TECHNICAL GUIDANCE DOCUMENTS
A "Procedural or Technical Guidance Document" does not require
Red Border or OMB review; nor does it require a Start Action
Request. The development of this document is controlled by the
lead office, but should involve a workgroup including OGC and any
other interested office or Region. It is the Office Director's
decision whether the AA should be briefed on this document and
whether the AA's signature is required prior to publication.
III. TECHNICAL RESOURCE DOCUMENTS
A "Technical
designated by
Resource Document" will follow those procedures
the lead office as necessary.
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