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.
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