PUBLIC PARTICIPATION IN U.S. OIL POLLUTION PLANNING AND PREPAREDNESS POLICY
ABSTRACT Regulatory agencies in the United States represent the Executive Branch of the Federal Government in implementing and enforcing rules, and these agencies are required to follow certain procedures when writing those rules. At a minimum, the agency must publish a notice explaining the proposed rule, request comments, and state the basis and purpose of the final action. This paper provides examples of instances where an agency has revised the rule as a result of comments received or has otherwise been responsive to the commenter'S argument. For example, with regard to oil pollution planning and preparedness policy, commenters on the U.S. Environmental Protection Agency'S proposed revisions to the Spill Prevention Control and Countermeasure (SPCC) plan rule raised the idea of a minimum container size for applicability of the SPCC rule and EPA included such a minimum for the first time in the final rule, thus reducing the burden of the rule for many facilities. Federal agencies are required to request public comments on the issues presented in their proposed rules to enable the agencies to evaluate the new or revised provisions. With agencies now accepting electronic comments through web sites, regulated parties can easily participate in this process. As this paper shows, many agencies that regulate oil pollution planning and preparedness are very responsive to suggestions, and members of the regulated community have an opportunity to influence public policy decisions in this area.