The Environmental Protection Agency (EPA) recently announced in the Federal Register "a demonstration project to test an approach to rulemaking frequently referred to as 'Regulatory Negotiation.'" The notice solicited suggestions for subjects that might be addressed by the process.The response was strong and favorable. Approximately 25 candidate rules were submitted from industry and environmental groups and another dozen from EPA. Meetings have been held to discuss the proposed procedure with those interested groups, and the EPA project staff is well along in choosing the topic that will be the subject of the regulatory negotiation. The process has not moved as quickly as originally contemplated because of the chaos engulfing the agency. However, it is expected to begin again shortly after the staff briefs the new administrator and gains his endorsement of the concept.

Regulatory negotiation affords those interested in a regulation the opportunity to participate directly in its development by sharing in the decisionmaking process. The concept contemplates that someone who is rigorously neutral with respect to the subject matter of the rule, and who would therefore be able to gain the confidence of both outsiders and agency personnel, would work with the agency staff and interested groups to identify individuals to represent those interests. That person would then serve as a mediator/facilitator to help the parties address the issues and reach a consensus on a regulation. To ensure that potential interested parties are aware of the process, the convenor would not only tap the traditional networks but also would invite participation by affected groups through notice in the Federal Register. So convened, the process would enable the parties to identify the issues raised in the substantive area, determine what research must be conducted for a responsible decision, rank the issues as to their priorities for the respective parties, and work out the final rule.