Want to know more about regulatory development? Here are some questions we often receive from clients and partners.
Regulatory development refers to the process for developing and implementing regulatory actions (also referred to as “rules”). This may include publishing a new rule, amending an existing rule, or repealing existing rule.
The Administrative Procedure Act (APA) sets forth the overall process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and for providing opportunities for the public to comment to ensure a transparent process. In addition, there are numerous other statutes, executive orders, or agency policies that may require special analyses under particular circumstances.
Preparing a Regulatory Impact Analysis (RIA) is a core requirement of the regulatory development process. An RIA integrates various regulatory analysis components to enable agencies to understand regulatory options and make the best decision. The RIA typically includes a benefit-cost analysis quantifying the tradeoffs between the achievement of a regulatory objective and the costs of compliance. Analyses also consider factors such as whether benefits and costs can be monetized fully, whether there are unique or cultural values at stake, the distribution of impacts across society, and the uncertainties associated with benefit-cost calculations.
In addition, agencies may need to undertake analyses in order to meet the requirements of applicable statutes and Executive Orders. These analyses include, but are not limited to, analysis of impacts on small businesses, environmental justice in minority and low-income populations, children’s health, energy supply and use, and employment.
Good public policy requires thoughtful analysis, which is why our clients and stakeholders rely on Abt’s rigorous regulatory support. We’re a recognized powerhouse in regulatory, economic, health, and environmental analyses, building on decades of institutional experience and the individual expertise of our personnel.
We’re known for our ability to develop analytical methods that withstand scientific and public scrutiny, and provide complete rulemaking support within tight timelines. Our deep understanding of the issues, combined with our technical expertise, enables us to provide our clients with proven solutions across the full regulatory development process.
We work at all stages of the rulemaking process—from initiation to implementation—to help clients achieve their desired outcomes.
Abt has built a strong reputation with our federal government clients as a leader in applying science and economics to support sound public policy decisions. In the past five years alone, we have provided regulatory support for more than 50 major regulatory and deregulatory actions.
We provide proven and cost-effective support services across all phases of the regulatory development process.
From the start of the process, we work with clients to identify and better understand issues/priorities that may be best addressed through regulation rather than a non-regulatory program. This includes developing industry profiles; analyzing statutory requirements, existing regulations, agency policies, and industry standards that may be relevant; drafting white papers and issue papers on baseline and policy options; and identifying key stakeholders. This early work helps clients better understand potential options and challenges as a regulation is initiated.
Regulatory development requires adherence to established processes, providing appropriate documentation, and providing transparent analyses. We work hand-in-hand with our clients to support the regulatory development process, including participating in workgroups, engaging stakeholders, developing technical background documents, and maintaining the administrative record. We also develop regulatory tracking systems, document templates, and other tools to help agencies track workflow, develop consistent documentation, and report to management and the public.
Abt Associates is a leading provider of economic and regulatory analysis support, including:
Background study development to support the development of a regulation, including data collection and analyses for robust market profiles of regulated entities.
Baseline and post-regulation policy analysis, considering effects on key policy objectives, such as human health or environmental quality endpoints.
Costs and economic impact analysis, including compliance costs, indirect and opportunity costs, and employment and household income effects.
Cost effectiveness analysis for regulatory options with timely support in defining and analyzing alternative options during the options review and selection process.
Benefits analysis, including quantifying and monetizing human health, environmental, and economic benefits using leading market and nonmarket methods.
Methodology and model development, with particular expertise in designing spatial social-environmental-economic modeling frameworks to support integrated benefit-cost analysis.
Uncertainty analysis to better state the range of potential impacts for decisionmakers’ evaluation of alternative regulatory options.
Environmental justice, small business, and other distributional analyses, examining the impacts on specific subpopulations.
Survey design and implementation. Abt’s survey department conducts approximately 500 survey projects each year for government agencies and other clients, and is a leading provider of state-of-the-art surveys and focus group services. We provide survey instrument design, instrument testing, sample design, and survey administration for web, mail, telephone, and in-person interview surveys.
Information Collection Requests (ICR). Our support for ICRs includes estimating changes in the respondent burden associated with changes in regulatory requirements, preparing the ICR supporting statements for one-time or recurring programmatic data collection, updating renewal ICRs, and developing and conducting one-time industry surveys. Our agile approach is based on our experience preparing many ICRs every year.
Timely and efficient management of public comments and agency responses is critical to demonstrating that all public comments are reviewed and considered in the final rule. With CommentCounts™, Abt provides our clients with an intuitive, web-based tool for efficiently organizing, summarizing, and responding to public comments. Abt also supplements our conventional comment management work using Natural Language Processing. Learn more about CommentCounts™.
Agencies rely on public hearings to facilitate the effective exchange of information, input, and feedback on potential regulations. Abt provides comprehensive logistical support for public hearings, including identifying and contracting for meeting space, court reporters/transcripts, language translators, teleconference lines, audiovisual equipment, and technicians. We provide onsite (or virtual) support for public hearings attended by thousands of industry and environmental representatives, concerned citizens, and the media. We also coordinate technical site visits for our clients. For example, we arranged site visits to industrial waste facilities to observe best practices for methane emissions reductions or capture.
Guidance documents help the regulated community and others involved in implementing a regulation to understand legal requirements. Abt helps develop technical guidance documents that describe applicability, explain examples, provide templates, and clarify instructions. For example, we developed and later updated more than 900 pages of technical guidance on the oil pollution prevention regulation that was downloaded more than 19,000 times the first month it was published. We also provide an annual update to reporting forms and instructions that are used by more than 20,000 reporters to the EPA Toxics Release Inventory (TRI) program. To help streamline access to guidance on TRI materials, we developed a user friendly GuideMe tool.
Effective communication, outreach, and training are critical steps to ensure the goals of a regulation are realized. We take a tailored approach to supporting outreach and training on regulations where we focus on the needs of the target audience. Often the stakeholder engagement during the regulatory process, particularly insights learned during public comment and hearings, inform our understanding of needs and tactics to consider in communication planning. For example, for the Lead Renovation, Repair and Painting Rule, in one year we attended more than 20 technical conferences to educate thousands of attendees about the rule’s requirements. We maintained a database with more than 27,000 industry contacts that we used to send 76,644 emails to targeted subgroups. We have also developed training for the regulated community – including facilities that report to TRI – as well as EPA inspectors and regional staff on a number of regulatory programs.
Abt has been assisting with the Lead and Copper Rule Revisions (LCRR) since 2015. Our support has included modeling exposure to lead from drinking water to estimate the risk to human health, and developing a digital tool to estimate the benefits and costs of the LCRR under different options. We developed and implemented several approaches to evaluate how blood lead levels change with increasing exposures to lead in drinking water, while also considering non-drinking water sources of lead exposure.
Abt helped EPA’s Office of Pollution Prevention and Toxics promulgate a regulation managing formaldehyde emissions for wood products under the Toxic Substances Control Act (TSCA). We developed and pre-tested a survey instrument and an Information Collection Request (ICR) package for wood product manufacturers. Our successful collaboration with independent industry experts ensured that our survey instrument accurately assessed the industry’s potential challenges. When the Office of Management and Budget (OMB)-approved survey was implemented, we achieved 100 percent response rates from medium-density fiberboard, and particleboard manufacturers, and an 82 percent response from plywood manufacturers.
We provided comprehensive rulemaking support for OPS’s promulgation of the 2019 Safety of Natural Gas Transmission final rule. This work included summarizing and responding to public comments using Abt’s CommentCounts™ tool, and developing the economic analysis and technical support documents. We also engaged subject matter experts to collect engineering unit cost data for pipeline safety compliance measures, and conducted a detailed empirical analysis of historical incident data to establish baseline risk. To overcome limitations in the data available, we developed an innovative spatial analysis that integrated pipeline system, transportation system, housing density, land-use, and other data. This improvement in the regulatory analysis, along with Abt’s expert support during intra- and inter-agency review of the final regulation, helped OPS successfully meet its aggressive regulatory schedule.
Abt is supporting OSHA’s rulemaking to reduce the risk of climbing communication tower structures, as the communication tower industry has a high mortality and accident rate relative to other industries. We contacted several representatives from trade groups, tower climbing companies, and other relevant entities to develop cost estimates associated with various components of a potential rulemaking. We then developed estimates of the total cost for each component of the potential rulemaking as part of OSHA’s submission to OMB and the Office of Information and Regulatory Affairs (OIRA) to begin the formal small business impact screening process. The total cost analysis included estimates for alternatives under the potential rulemaking and examined thresholds relevant for small businesses.
For two recent rulemakings, Abt provided public comment support to the Department of Health and Human Services’ Office for Civil Rights and Office of Population Affairs. For these projects, Abt used CommentCounts™ to facilitate the organization of comments, summaries, and responses to comments. In total, the two proposed rules received more than 950,000 public comments. Abt also processed hard-copy comments, developed the administrative record, and provided rulemaking support for economic analyses of the proposed rules.
Abt Associates uses data and bold thinking to improve the quality of people’s lives worldwide. From increasing crop yields and combatting infectious disease, to ensuring safe drinking water and promoting access to affordable housing—and more—we partner with clients and communities to tackle their most complex challenges.