BEST REGULATORY INFORMATION

SOURCESPUBLIC AND PRIVATE

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 into rule text within

weeks of Federal Register publicationFlexible options to view or print portions of textHelpful 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

Final Federal Rules On-line Code of Federal Regulations

(CFR) annual editionwww.gpo.gov/fdsys/browse/collectionCfr.action?collectio

nCode=CFRUpdated only once a year, but looks like paper CFRPaper CFR still sold; handy for stable rules

e-CFRwww.ecfr.gov/cgi-bin/text-idx?tpl=%2Findex.tplUpdated 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

Final Federal Rules

EPA pre-publication postingsEPA 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?

Final Federal Rules Federal Register on line

www.gpo.gov/fdsys/browse/collection.action?collectionCode=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 hyperlinksCaution: 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

Federal Guidance, Q&As EPA “significant” guidance documents are indexed

at www2.epa.gov/laws-regulations/significant-guidance-documentsOthers are posted on www.epa.gov in program media

subpages. RCRA/Superfund/TRI/EPCRA/RMP Hotline still exists at

800-424-9346Applicability 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 paydirtNot just from EPA, but from outside experts

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.

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?

collectionCode=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

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/eoPackageMainRegulations under review, date of receipt at

OMBReviews completed in last 30 days

○ Indicates that publication is next step.

Final State Rules

Official Codes of State RegulationsMissouri CSR updated twice a month at

www.sos.mo.gov/adrules/csr/csr.aspKansas KAR supplemented annually at

www.kssos.org/Pubs/pubs_kar.aspxNebraska 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

Final State Rules

Commercial services update all states Some environmental agency websites

post updated rulesMoDNR

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

State Guidance, Q&As

Generally posted on state agency website under media programVariously titled Fact Sheets, Q&A’s,

Technical Guidance Document

State Rules in Development

Pre-proposal stageAgency 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/13regplan.pdf

Mo Air Program using blog called Basecamp

State Rules in Development Official proposals published in state

registersKansas Register, weekly

www.kssos.org/Pubs/pubs_kansas_register.asp

Iowa Administrative Bulletin, biweekly www.legis.iowa.gov/law/administrativeRules/bulletinSupplementListings

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

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 statesBNA EHS State Regulatory Alert

○ Daily email service based on state registers○ One paragraph summary & link to full text

Post-Final Rule Actions

Legal challenges to final rules may be important, but are hard to track in judicial databasesD.C. Circuit Court of Appeals PACER

system difficult to useCases 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