David Shanks, Boeing, Best Regulatory Information Sources, Public and Private, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
David Shanks, Boeing, Best Regulatory Information Sources, Public and Private, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
Similar to David Shanks, Boeing, Best Regulatory Information Sources, Public and Private, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
Similar to David Shanks, Boeing, Best Regulatory Information Sources, Public and Private, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015 (20)
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David Shanks, Boeing, Best Regulatory Information Sources, Public and Private, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
1. David Shanks, Boeing EHS Policy Analysis
Midwest Environmental Compliance Conference
October 29, 2015
2. Final Federal Rules
Commercial subscription-based providers
(BNA, Westlaw, 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 individual links to small sections
make it 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
○ Website reorganized. Now posted by topic
and industry sector: www2.epa.gov/laws-
regulations#
○ Effective dates and compliance dates are
[bracketed]. They are inserted later, based on
Federal Register publication date
○ Double spaced. Print Federal Register
version later and save a tree?
5. Final Federal Rules
Daily 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 http://www2.epa.gov/laws-
regulations# in program media subpages.
RCRA/UST/Superfund/EPCRA/RMP Hotline at 800-
424-9346 operates M-F daytime hours.
Applicability Determination Index (ADI). Over 100
EPA memos/year on Part 60, 61 & 63 air rules are at
http://cfpub.epa.gov/adi/#
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.
11. Final State Rules
BNA and other commercial services
update full text final rules for all states
State environmental agencies may post
final rules on their websites
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 early comments, listserve signup
14. State Rules in Development
Official Proposals in State Registers
○ Illinois Register
https://www.cyberdriveillinois.com/departments/index
/register/home.html
○ Indiana Register
http://www.in.gov/legislative/iac/irtoc.htm
○ Register of Ohio
http://www.registerofohio.state.oh.us/
○ Michigan Register
http://www.michigan.gov/lara/0,4601,7-154-
35738_40280---,00.html
○ Minnesota State Register
https://www.revisor.mn.gov/state_register/
15. State Rules in Development
Consultants, law firms, state 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. Influencing Rule Proposals
Engage early and often, preferably face
to face with rule drafters
Individually or at stakeholder meetings
Offer positive alternatives
Present testimony or file comments
Preserves future standing if needed for legal
challenge
[Complain to your legislator?]
If underlying statute is the problem, this may
be appropriate. If not, use sparingly.
17. 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