Understanding the EPA and OSHA Rulemaking Process
Executive Summary
The Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) develop and amend regulations through a transparent process governed by the Administrative Procedure Act (APA). Initiated by laws, petitions, or safety needs, the process includes research, public comment, revision, and finalization, with oversight from the Office of Information and Regulatory Affairs (OIRA) for significant rules. EPA focuses on environmental protection, often using scientific data, while OSHA prioritizes workplace safety with worker and small business input. Both ensure stakeholder engagement, with amendments following the same steps.
Federal Rulemaking Framework
EPA and OSHA follow the APA’s structured process to create regulations, ensuring public participation. Key stages are initiation, research, proposal, comment, revision, finalization, and judicial review, guided by laws like the Regulatory Flexibility Act (RFA) and Congressional Review Act (CRA).
EPA Rulemaking Process
EPA implements environmental laws (e.g., Clean Air Act) under Title 40 of the Code of Federal Regulations (CFR). Rulemaking begins with triggers like legislation, scientific studies, or public petitions. For example, the Safe Drinking Water Act (SDWA) uses a Contaminant Candidate List to identify risks.
EPA conducts research, may issue an Advance Notice of Proposed Rulemaking (ANPRM), and publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register for ≥30 days of public comment. After revising based on feedback, significant rules undergo OIRA review (≤90 days). The final rule is codified in the CFR, effective after 30 days (60 for major rules), and subject to court challenges.
OSHA Rulemaking Process
OSHA, under the Department of Labor, regulates workplace safety under Title 29 of the CFR. Rulemaking starts with new technologies, injuries, or petitions from entities like NIOSH or unions. OSHA consults advisory committees and conducts Small Business Regulatory Enforcement Fairness Act (SBREFA) reviews.
An NPRM is published for ≥30 days of comments, often with hearings. After revisions and OIRA review for significant rules, the final rule is codified in the CFR, effective after 30 days (60 for major rules). The process ensures worker-focused standards.
Regulation Changes
Amending regulations follows the same process: propose changes via NPRM, collect comments, revise, and publish the updated rule, ensuring alignment with current needs.
Tracking New and Changed Regulations
Users can monitor EPA and OSHA regulations using these resources:
Regulations.gov: Search and comment on proposed and final rules for both agencies, including NPRMs and supporting documents.
Federal Register: Access official publications of NPRMs, final rules, and amendments for EPA (Title 40) and OSHA (Title 29).
EPA Laws and Regulations: Find updates on EPA rulemaking, including SDWA and other programs.
OSHA Laws and Regulations: Explore OSHA’s rulemaking activities, including proposed and final standards.
Unified Agenda: View planned regulatory actions by EPA and OSHA, updated semi-annually.
EPA and OSHA’s rulemaking processes ensure transparent, stakeholder-driven regulations for environmental and workplace safety. Following these steps and using the listed resources, stakeholders can stay informed and engage in the regulatory process.
Sources:
EPA: Basics of the Regulatory Process
OSHA: Rulemaking Process
Congress.gov: Federal Rulemaking Overview