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.

10. Final State Rules
 Online Code of State Regulations
 Illinois Administrative Code
○ ftp://www.ilga.gov/JCAR/AdminCode/titles.html
 Indiana Administrative Code
○ http://www.in.gov/legislative/iac/
 Ohio Administrative Code
○ http://codes.ohio.gov/oac/
 Michigan Administrative Code
○ http://www.michigan.gov/lara/0,4601,7-154-
35738_5698---,00.html
 Minnesota Administrative Rules
○ https://www.revisor.mn.gov/rules/

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