EPA OIG Publishes Report On Lessons Learned From Prior Oversight Related To EPA's Rulemaking

On October 2, 2025, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report entitled Lessons Learned from Prior Oversight Related to the EPA's Rulemaking. According to the report, OIG initiated the project to describe the lessons identified from select EPA OIG and U.S. Government Accountability Office (GAO) reports to help inform EPA's future rulemaking efforts. OIG states that it reviewed 17 reports and identified five lessons from these prior reports and categorized them into three programmatic themes: procedures, recordkeeping, and transparency:

• Procedures: According to the report, clear rulemaking procedures standardize the steps in the rulemaking process, and clear procedures help participants understand their roles and responsibilities. The report notes that unclear or outdated procedures negatively affect the rulemaking process and a lack of adherence to established procedures undermines EPA's rulemaking process. Within this overarching theme, OIG identified two lessons learned for EPA: (1) improve procedures; and (2) adhere to procedures.

• Recordkeeping: Recordkeeping is a key part of the rulemaking process. The Administrative Procedure Act (APA) establishes requirements for publishing notices of proposed and final rulemaking in the Federal Register. The APA also requires the opportunity for the public to comment on notices of proposed rulemaking. Executive Order (EO) 12866, as amended by EO 14094, requires agencies to submit proposed significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) for review. In addition, EO 12866 directs the agencies to identify for the public any substantive changes made between the time they submit a draft action to OIRA for review and the time the action is publicly announced. Within the recordkeeping theme, OIG identified two lessons for EPA: (1) document decisions; and (2) update the docket.

• Transparency: The report states that "[t]ransparency is achieved when accurate information is provided through the required process, at the appropriate time, and to everyone who needs it." EPA is responsible for providing the public with the information it needs to understand how rules are made and for providing the public the opportunity to participate in the rulemaking process. OMB Circular A-4 highlights the need for transparency in regulatory analyses. EO 12866 aims to make the regulatory process more accessible and open to the public. According to the report, openness in the rulemaking process, notification regarding publicly available information in the dockets, and public participation in the rulemaking process facilitate transparency in EPA's decision-making. According to EPA, transparency is a key goal for its work. Within the transparency theme, OIG identified one lesson learned for EPA: commit to transparency.

Given that rulemaking is one of the main ways EPA achieves its mission of protecting human health and the environment, OIG encourages EPA to consider these lessons as it engages in future rulemaking efforts. The report states that clear procedures help participants in the rulemaking process understand their roles and responsibilities and help ensure appropriate documentation of rulemaking decisions. Adherence to EPA procedures is important to execute the rulemaking process effectively. Appropriate recordkeeping, including documenting decisions and updating the docket, "keeps the public informed during the rulemaking process." According to the report "transparency depends on the Agency following each required procedure and providing accurate and complete documentation at each procedural step."

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