For your humble blogger, Executive Order 562, recently issued by Governor Baker, is the gift that keeps on giving. Receipt of a notice today regarding MassDEP’s consideration of its draft vapor intrusion guidance document made me realize that EO 562 does not, at least on its face, apply to the development of guidance documents.
Why does this matter?
Because the use of guidance in lieu of regulatory development is already a significant problem. If agencies already are too quick to use guidance when they should be going through notice-and-comment rulemaking, precisely to avoid the burden of the regulatory process,… More