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David Shanks
Mid-America Environmental Compliance Conference
3 April 2014
Final Federal Rules
 Commercial subscription-based providers
(BNA, Westlaw/ IHS, et.al.)
 Revisions are incorporated int...
Final Federal Rules
 On-line Code of Federal Regulations (CFR)
annual edition
 www.gpo.gov/fdsys/browse/collectionCfr.ac...
Final Federal Rules
 EPA pre-publication postings
 EPA often posts Fact Sheets, preambles and
rule text on EPA website
○...
Final Federal Rules
 Federal Register on line
 www.gpo.gov/fdsys/browse/collection.action?col
lectionCode=FR
 Preamble,...
Federal Guidance, Q&As
 EPA “significant” guidance documents are
indexed at www2.epa.gov/laws-
regulations/significant-gu...
Federal Rules in Development
 Semiannual Regulatory Agenda
○ www.reginfo.gov/public/do/eAgendaMain
○ Indexed by program o...
Federal Rules in Development
 Regulations.gov (all federal agencies)
○ www.regulations.gov
○ Find proposals open for comm...
Federal Rules in Development
 Federal proposals and rules are
reviewed by White House Office of Mgt.
& Budget (OMB) prior...
Final State Rules
 Official Codes of State Regulations
 Missouri CSR updated twice a month at
www.sos.mo.gov/adrules/csr...
Final State Rules
 Commercial services update all states
 Some environmental agency websites
post updated rules
 MoDNR ...
State Guidance, Q&As
 Generally posted on state agency
website under media program
 Variously titled Fact Sheets, Q&A’s,...
State Rules in Development
 Pre-proposal stage
 Agency websites often post Rules in
Development, stakeholder meeting not...
State Rules in Development
 Official proposals published in state
registers
 Kansas Register, weekly
www.kssos.org/Pubs/...
State Rules in Development
 Trinity Consultants
 Issues Regulatory Update Newsletters by
state, primarily air issues
 O...
Post-Final Rule Actions
 Legal challenges to final rules may be
important, but are hard to track in
judicial databases
 ...
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Best Regulatory Information Sources--Public and Private; Shanks, David; Boeing; 2014 Mid-America Environmental Compliance Conference

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Transcript of "Best Regulatory Information Sources--Public and Private; Shanks, David; Boeing; 2014 Mid-America Environmental Compliance Conference"

  1. 1. David Shanks Mid-America Environmental Compliance Conference 3 April 2014
  2. 2. Final Federal Rules  Commercial subscription-based providers (BNA, Westlaw/ IHS, et.al.)  Revisions are incorporated into rule text within weeks of Federal Register publication  Flexible options to view or print portions of text  Helpful notes on history, links to statutory authority, links to Federal Register notices and preambles, case law  Search functions for entire EHS library or tailored searches  Enables serious in-depth research into how the rule came to be
  3. 3. Final Federal Rules  On-line Code of Federal Regulations (CFR) annual edition  www.gpo.gov/fdsys/browse/collectionCfr.action?collecti onCode=CFR  Updated only once a year, but looks like paper CFR  Paper CFR still sold; handy for stable rules  e-CFR  www.ecfr.gov/cgi-bin/text-idx?tpl=%2Findex.tpl  Updated daily, but hard to view an entire subpart at once  These federal government services provide text only. Numeric on-line indexes requires prior knowledge of rule citation. Minimal links or other research tools
  4. 4. Final Federal Rules  EPA pre-publication postings  EPA often posts Fact Sheets, preambles and rule text on EPA website ○ Office of Air & Radiation site is well maintained www.epa.gov/ttn/oarpg/new.html ○ “Non-official” disclaimer ○ Effective dates and compliance dates are [bracketed]. They are inserted later, based on Federal Register publication date ○ Double spaced. Wait awhile and save a tree?
  5. 5. Final Federal Rules  Federal Register on line  www.gpo.gov/fdsys/browse/collection.action?col lectionCode=FR  Preamble, effective date, and final rule text in one package  PDF version allows word search ○ Easier to find your issue in lengthy preamble  Text version has live hyperlinks  Caution: If new rule amends an existing rule, the Federal Register rule text might not include the entire rule as amended.  *** indicates that pre-existing rule text is omitted - Must wait for merged text in e-CFR or commercial service to see entire rule
  6. 6. Federal Guidance, Q&As  EPA “significant” guidance documents are indexed at www2.epa.gov/laws- regulations/significant-guidance-documents  Others are posted on www.epa.gov in program media subpages.  RCRA/Superfund/TRI/EPCRA/RMP Hotline still exists at 800-424-9346  Applicability Determination Index (ADI). Over 100 EPA memos/year on Part 60, 61 & 63 air rules are at www.epa.gov/compliance/monitoring/programs/caa/ adi.html  Sometimes, a search of the entire internet yields paydirt  Not just from EPA, but from outside experts
  7. 7. Federal Rules in Development  Semiannual Regulatory Agenda ○ www.reginfo.gov/public/do/eAgendaMain ○ Indexed by program office, projected schedules, links to past Federal Register notices, descriptions of scope, search engine  EPA Rule Gateway ○ yosemite.epa.gov/opei/RuleGate.nsf/ ○ For EPA “priority” rules ○ Revised monthly with info similar to Semiannual Agenda. Sign up for email alerts.
  8. 8. Federal Rules in Development  Regulations.gov (all federal agencies) ○ www.regulations.gov ○ Find proposals open for comment, submit e- comments, view docket for other comments  Federal Register, 5 days a week ○ www.gpo.gov/fdsys/browse/collection.action?colle ctionCode=FR ○ Preambles and proposals, notices, comment deadlines, search engines ○ Listserve to receive daily Table of Contents, sign up at listserv.access.gpo.gov/cgi- bin/wa.exe?A0=FEDREGTOC-L
  9. 9. Federal Rules in Development  Federal proposals and rules are reviewed by White House Office of Mgt. & Budget (OMB) prior to publication in the Federal Register  OMB website tracks review status at www.reginfo.gov/public/do/eoPackageMain  Regulations under review, date of receipt at OMB  Reviews completed in last 30 days ○ Indicates that publication is next step.
  10. 10. Final State Rules  Official Codes of State Regulations  Missouri CSR updated twice a month at www.sos.mo.gov/adrules/csr/csr.asp  Kansas KAR supplemented annually at www.kssos.org/Pubs/pubs_kar.aspx  Nebraska NAC individual rules updated at www.sos.ne.gov/rules-and- regs/regsearch/index.html  Iowa IAC updated biweekly at www.legis.iowa.gov/law/administrativeRules/ agencies
  11. 11. Final State Rules  Commercial services update all states  Some environmental agency websites post updated rules  MoDNR www.dnr.mo.gov/assistance/laws- regulations.htm  KDHE by media program www.kdheks.gov/environment/index.html  NDEQ click Laws & Regulations www.deq.state.ne.us/  IDNR-use Iowa Admin Code website
  12. 12. State Guidance, Q&As  Generally posted on state agency website under media program  Variously titled Fact Sheets, Q&A’s, Technical Guidance Document
  13. 13. State Rules in Development  Pre-proposal stage  Agency websites often post Rules in Development, stakeholder meeting notices, links for comments, listserves  Consolidated regulatory agendas: ○ Kansas DHE updates twice a year www.kdheks.gov/sbcs/ ○ Iowa DNR annual FY2014 www.iowadnr.gov/Portals/idnr/uploads/files/13 regplan.pdf  Mo Air Program using blog called Basecamp
  14. 14. State Rules in Development  Official proposals published in state registers  Kansas Register, weekly www.kssos.org/Pubs/pubs_kansas_register.asp  Iowa Administrative Bulletin, biweekly www.legis.iowa.gov/law/administrativeRules/bull etinSupplementListings  Missouri Register, twice a month www.sos.mo.gov/adrules/moreg/moreg.asp  Nebraska uses an online docket system www.sos.ne.gov/rules-and- regs/regtrack/index.cgi
  15. 15. State Rules in Development  Trinity Consultants  Issues Regulatory Update Newsletters by state, primarily air issues  Other consultants, law firms, trade associations have listserves  If you cover many states  BNA EHS State Regulatory Alert ○ Daily email service based on state registers ○ One paragraph summary & link to full text
  16. 16. Post-Final Rule Actions  Legal challenges to final rules may be important, but are hard to track in judicial databases  D.C. Circuit Court of Appeals PACER system difficult to use  Cases in other courts even harder to locate  Sources of updates:  Commercial EHS news services (BNA, Inside EPA, Environmental Law Institute), law firms, conferences, trade associations
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