This document discusses various sources for finding and tracking final and proposed environmental rules at the federal and state level. It outlines online sources for the official Code of Federal Regulations and state regulation codes, as well as sources provided by the EPA, other federal agencies, and state environmental agencies. Commercial services that consolidate regulatory information across jurisdictions are also mentioned.

1. David Shanks
Mid-America Environmental Compliance Conference
3 April 2014

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. State Guidance, Q&As
 Generally posted on state agency
website under media program
 Variously titled Fact Sheets, Q&A’s,
Technical Guidance Document

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. 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. 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. 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