Regulatory Process Overview

Laura Edinger

April 22, 2015

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DEP’s Regulatory Review Process

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• Complex process with several layers of internal and external review

• Public participation and outreach are essential components of the regulatory process

• Process is guided by:

• Executive Order 1996-1,

• Regulatory Review Act,

• Act 76 of 2012 (relating to small business),

• Commonwealth Documents Law

Overview – Regulatory Process

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Regulations are reviewed by several bodies – both internal and external to DEP:

• Advisory Committees

• Environmental Quality Board (primary rulemaking body)

• Governor’s Policy Office (GPO), Office of General Counsel (OGC), Governor’s Budget Office, Office of Attorney General (AG)

• House and Senate Environmental Resources and Energy Committees

• Independent Regulatory Review Commission (IRRC)

• Authorization to begin development of a Rulemaking • Draft Proposed Rulemaking Prepared • Advisory Committees • Draft Proposed Rulemaking – internal and external review • Proposed Rulemaking to EQB, OGC, Budget, AG, Committees,

IRRC, LRB • Public Comment Period • Draft Final Rulemaking Prepared • Advisory Committees • Draft Final Rulemaking Prepared – internal and external

review • Final rulemaking to EQB, Committees, IRRC, AG • Final Rulemaking Published as Final

Overview – Regulatory Process

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• Authorization given by Secretary to move forward with development of regulation

• Program drafts regulation (Annex A)

• Regulation presented to Advisory Committees

• Program drafts rulemaking package

Regulation Development

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• Draft proposed rulemaking routed to Office of General Counsel (OGC) and to Governor’s Policy Office (GPO).

• OGC and GPO review draft proposed rulemaking (approximately three weeks).

Preliminary External Review

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• Upon EQB adoption, draft proposed rulemaking becomes a proposed rulemaking

• Proposed rulemaking sent to OGC and Office of Budget

• Proposed rulemaking sent to the Office of Attorney General (AG)

• AG review (30 days)

Post-EQB External Review

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• Proposed rulemaking package distributed to House and Senate Environmental Resources and Energy Committees and to IRRC

• Package sent to the Legislative Reference

Bureau (LRB) on the same day

Post-EQB External Review Continued

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• eNOTICE System Notifications • EQB adoption of the proposal • Publication of the proposal

eNOTICE

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• Online Comment System: • Environmental Regulations Online Comment System can

be found on the EQB web page

• Email: • Regcomments@pa.gov

• USPS Mail: • Environmental Quality Board, P. O. Box 8477, Harrisburg,

PA 17105-8477. • Express mail: Environmental Quality Board, Rachel Carson

State Office Building, 16th Floor, 400 Market Street,

Harrisburg, PA 17101-2301.

Public Comments

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• Public provides comments within time frame allotted (published in Bulletin in preamble section)

• Standing Committees provide comment (within 20 days after the end of the comment period)

• IRRC provides comments (within 30 days after the end of the comment period)

Public Comment Period

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• Program reviews comments and prepares a comment and response document

• Draft final regulation prepared

• Draft final regulation discussed with Advisory Committees

• Reviewed internally and sent for preliminary external review (OGC and GPO)

Draft Final Rulemaking

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• Upon EQB adoption, draft final rulemaking becomes a final rulemaking

• eNOTICE posting

• Final rulemaking sent to OGC and Budget

• Final rulemaking submitted to Standing Committees and IRRC

• If IRRC approves, final rulemaking is submitted to AG’s Office (30 days)

• Final Rulemaking published in the PA Bulletin

Draft Final Rulemaking – Post EQB

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• Six-Month Regulatory Agenda for all Commonwealth agencies: • Governor’s Office publishes in the PA Bulletin twice

per year (February and July) • Most recent agenda was published July 19, 2014

• DEP’s Rolling Regulatory Agenda: • Provides a snapshot of regulations both active and

complete • Available on DEP website on the EQB page

Regulatory Agendas

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Questions?

Laura Edinger DEP Regulatory Coordinator

717.772-3277 ledinger@pa.gov

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