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Guidance Documents Managed by the Office of General Counsel

This page displays a list of all documents managed by the Office of the General Counsel and designated as guidance documentsHelpGuidance DocumentsAgency statements of general applicability, intended to have future effects on the behavior of regulated parties, that set forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, with some exceptions as detailed in E.O. 13891, Section 2(b).  EPA's guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. The agency may not cite, use, or rely on any guidance that is not posted on this website, except to establish historical facts.

Related Information

Note: The Office of General Counsel Guidance Portal contains guidance documents issued by OGC. This Portal does not contain legal opinions or similar memoranda as they constitute “internal executive branch legal advice or legal opinions addressed to executive branch officials,” which are not considered guidance under Section 2(b) of Executive Order 13891. However, in the past many such documents have voluntarily been made public through publication in volumes of General Counsel Opinions and inclusion in online databases. Nonetheless, because they are not guidance documents under the Executive Order, these documents are also not deemed rescinded under Section 3(b) (by virtue of the fact that they are not included in this Portal).

 
 
Document Name
(click on link to view)		 Original Issue Date Date Added to this List Identifier Topic Description/Summary
Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (PDF)(12 pp, 202 K) 2004-06-25 2020-02-28 OGC-2020-0007 Limited English Proficiency, Language Access (Recipient Guidance) This guidance provides a general framework that recipients of EPA assistance may use to provide meaningful access to their programs and activities for limited English proficient persons. The guidance is in accordance with Executive Order 13166-Improving Access to Services for Persons with Limited English Proficiency and guidance issued by the U.S. Department of Justice. Currently on ECRCO internet webpage.
Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs (PDF)(11 pp, 197 K) 2006-03-21 2020-02-28 OGC-2020-0005 Title VI and Public Involvement, Public Participation This guidance is for EPA recipients that administer environmental permitting programs and discusses various approaches and suggests tools that recipients may use to help enhance the public involvement aspects of their current permitting programs and address potential issues related to Title VI of the Civil Rights Act of 1964. Currently on ECRCO internet webpage.
Chapter 1 of the U.S. EPA’s External Civil Rights Compliance Office Compliance Toolkit: Chapter 1, transmittal letter, and FAQs (PDF)(31 pp, 4 MB) 2017-01-18 2020-02-28 OGC-2020-0002 External Civil Rights Compliance and Enforcement The Toolkit Chapter 1 provides technical assistance to recipients of EPA financial assistance (EPA recipients) by identifying existing law and policy to promote and support EPA recipients’ compliance with federal civil rights laws when investigating and resolving discrimination complaints, including those that involve allegations related to human health and the environment, and other non-health harms. The companion Frequently Asked Questions (FAQs) document assists with responding to potential questions addressed in Chapter 1. Currently on ECRCO’s internet webpage.
Title VI of the Civil Rights Act of 1964: Roles of Complainants and Recipients in the Title VI Complaints and Resolution Process (PDF)(6 pp, 383 K) 2005-05-04 2020-02-28 OGC-2020-0006 Roles of Complainants and Recipients in the Complaint Investigation and Informal Resolution Processes The purpose of this document is to explain EPA's position on the participatory roles of the complainant and recipient during ECRCO's complaint investigation and resolution processes. Currently on ECRCO internet webpage.
Procedural Safeguards Checklist for Recipients: Federal Non-Discrimination Obligations and Best Practices (PDF)(7 pp, 110 K) 2016-09-01 2020-02-28 OGC-2020-0003 Recipients' Federal Non-Discrimination Obligations Checklist The Checklist provides technical assistance for EPA financial assistance recipients in establishing the foundational aspects of their nondiscrimination programs as required by federal civil rights laws and EPA's non-discrimination regulation at 40 CFR Parts 5 and 7. Will be posted on ECRCO internet webpage.
Disability Nondiscrimination Plan Sample (PDF)(4 pp, 110 K) 2017-03-01 2020-02-28 OGC-2020-0001 Disability Nondiscrimination Plan Sample for Recipients The sample disability policy provides technical assistance to EPA recipients, by way of an example, on how to develop a policy that ensures that individuals with disabilities are provided the opportunity for full participation in a recipient's programs and activities as required by federal civil rights law and EPA's nondiscrimination regulation at 40 CFR Part 7. Will be posted on ECRCO internet webpage.
EPA Policy on Alternative Dispute Resolution (PDF)(3 pp, 128 K) 2000-12-27 2020-02-28 OGC-2020-0008 Conflict Prevention and Resolution Center (CPRC) This policy is intended to respond to the full range of disputes EPA faces through promoting the understanding of alternative dispute resolution (ADR) techniques; encouraging routine consideration of ADR approaches; and increasing the use of ADR in EPA business.
Class Determination 1-77 CBI Contained in Bimonthly Summary Report on Flue Gas Desulfurization Systems (PDF)(5 pp, 1 MB) 1977-03-07 2020-02-28 OGC-2020-0028 Confidential Business Information This is a class determination relating to the confidentiality of information in bimonthly summary reports on flue gas desulfurization systems.
Class Determination 2-77 Confidentiality of Business Information for Certification of Light-Duty Motor Vehicles for Model Year 1978 (PDF)(10 pp, 3 MB) 1977-03-31 2020-02-28 OGC-2020-0027 Confidential Business Information This is a class determination relating to the confidentiality of information for certification of light-duty motor vehicles for model year 1978.
Class Determination 4-77 Confidentiality of Business Information for Certification of Light-Duty Motor Vehicles for Model Year 1979 (PDF)(3 pp, 435 K) 1977-05-12 2020-02-28 OGC-2020-0026 Confidential Business Information This is a class determination relating to the confidentiality of information for certification of light-duty motor vehicles for model year 1979.
Class Determination 1-78 Confidentiality of Information in NPDES Permits and Permit Applications Under Section 402(j) of the Federal Water Pollution Control Act (PDF)(6 pp, 1 MB) 1978-03-22 2020-02-28 OGC-2020-0025 Confidential Business Information This is a class determination relating to the confidentiality of information in NPDES permits and permit applications under Section 402(j) of the Federal Water Pollution Control Act.
Class Determination 2-78 Confidentiality of Business Information Submitted in Technical and Cost Proposals (PDF)(10 pp, 3 MB) 1978-05-03 2020-02-28 OGC-2020-0024 Confidential Business Information This is a class determination relating to the confidentiality of information submitted in technical and cost proposals.
Class Determination 3-78 Confidentiality of Business Information for Certification of Light-Duty Motor Vehicles for Model Year 1980 (PDF)(10 pp, 3 MB) 1978-08-14 2020-02-28 OGC-2020-0023 Confidential Business Information This is a class determination relating to the confidentiality of information for certification of light-duty motor vehicles for model year 1980.
Class Determination 1-79 Confidentiality of Business Information Submitted in Applications for Certification of Light Duty Motor Vehicles for Model Year 1981 (PDF)(4 pp, 720 K) 1979 2020-02-28 OGC-2020-0021 Confidential Business Information This is a class determination concerning the confidentiality of information submitted in applications for certification of light duty motor vehicles for model year 1981.
Class Determination 2-79 Confidentiality of Business Information Submitted in Contract Proposals and Related Documents (PDF)(10 pp, 4 MB) 1979-11-15 2020-02-28 OGC-2020-0020 Confidential Business Information This is a class determination relating to the confidentiality of information submitted in contract proposals and related documents.
Class Determination 3-79 Confidentiality of Business Information Reported for the Initial Inventory of Chemical Substances (PDF)(8 pp, 182 K) 1979 2020-02-28 OGC-2020-0022 Confidential Business Information This is a class determination relating to the confidentiality of information reported for the initial inventory of chemical substances.
Class Determination 1-80 Confidentiality of Business Information Obtained from Architect/Engineering Firms Participating in Step 2 and Step 3 Level of Effort Study (PDF)(5 pp, 169 K) 1980-04-23 2020-02-28 OGC-2020-0019 Confidential Business Information This is a class determination relating to information obtained from certain firms participating in step 2 and step 3 level of effort studies.
Class Determination 2-80 Confidentiality of Business Information Submitted in Applications for Certification of Light Duty Motor Vehicles for Model Year 1982 (PDF)(3 pp, 165 K) 1980-08-21 2020-02-28 OGC-2020-0018 Confidential Business Information This is a class determination relating to information for certification of light-duty motor vehicles for model year 1982.
Class Determination 1-84 Imported Vehicle Modifications and Emissions Testing Information (PDF)(15 pp, 5 MB) 1984-10-02 2020-02-28 OGC-2020-0017 Confidential Business Information This is a class determination relating to imported vehicle modifications and emissions testing information.
Class Determination 3-85 Disclosure of Reviews of Pesticide Test Data Submitted by Applicants and Registrants (PDF)(8 pp, 3 MB) 1985-10-24 2020-02-28 OGC-2020-0016 Confidential Business Information This is a class determination relating to disclosure of reviews of pesticide test data submitted by applicants and registrants.
Class Determination 1-89 Effluent and Sludge Data Under the 104-Mill Cooperative Dioxin Study Agreement (PDF)(19 pp, 3 MB) 1989-01-13 2020-02-28 OGC-2020-0015 Confidential Business Information This is a class determination relating to effluent and sludge data under the 104-Mill Cooperative Dioxin Study Agreement.
Class Determination 2-89 Disclosure of Information Contained in Asbestos Abatement Notices (PDF)(7 pp, 178 K) 1989-03-07 2020-02-28 OGC-2020-0014 Confidential Business Information This is a class determination relating to disclosure of information contained in asbestos abatement notices.
Class Determination 3-89 Bleach Plant, Pulp, and Miscellaneous Data Under 104-Mill Cooperative Dioxin Study Agreement (PDF)(27 pp, 9 MB) 1989-05-04 2020-02-28 OGC-2020-0013 Confidential Business Information This is a class determination relating to certain data under the 104-Mill Cooperative Dioxin Study Agreement.
Class Determination 4-89 Disclosure of Effluent and Emissions Data Obtained under Title III SARA, the Emergency Planning and Community Right to Know Act (PDF)(5 pp, 170 K) 1989-07-08 2020-02-28 OGC-2020-0012 Confidential Business Information This is a class determination relating to disclosure of effluent and emissions data obtained under Title III SARA, the Emergency Planning and Community Right to Know Act.
Class Determination 1-91 Identity of Importing Countries under FIFRA Section 17(A)(2) (PDF)(6 pp, 250 K) 1991-04-25 2020-02-28 OGC-2020-0011 Confidential Business Information This is a class determination relating to the Identity of Importing Countries under FIFRA Section 17(A)(2).
Class Determination 1-95 Confidentiality of Certain Business Information Submitted by Contractors (PDF)(11 pp, 228 K) 1995-07-10 2020-02-28 OGC-2020-0010 Confidential Business Information This is a class determination relating to certain information submitted by contractors.
Class Determination 1-99 Disclosure of Information Obtained under Section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act Regarding Unreasonable Adverse Effects of Pesticides in the Environment (PDF)(7 pp, 176 K) 1999-09-28 2020-02-28 OGC-2020-0009 Confidential Business Information This is a class determination relating to disclosure of information obtained under Section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act regarding unreasonable adverse effects of pesticides in the environment.
Class Determination 1-13 Confidentiality of Business Information Submitted in Certification Applications for 2013 and Subsequent Model Year Vehicles, Engines, and Equipment (PDF)(8 pp, 463 K) 2013 2020-02-28 OGC-2020-0004 Confidential Business Information This is a class determination relating to information submitted in certification applications for 2013 and subsequent model year vehicles, engines, and equipment.

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