Agency Rulemaking Petition - Pennsylvania

PETITION FOR AGENCY RULEMAKING

COMMONWEALTH OF PENNSYLVANIA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head / Secretary Name]
[________________________________]
[Agency or Board Name]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]

RE: Petition for Rulemaking Pursuant to 1 Pa. Code § 35.18

Dear [________________________________]:

I am writing on behalf of [________________________________] ("Petitioner") to submit this formal Petition for Rulemaking addressed to [________________________________] ("Agency/Board"). This petition respectfully requests that the Agency/Board initiate rulemaking proceedings to [____] adopt [____] amend [____] repeal the following regulation(s):

Regulation(s) at Issue: [________________________________]

Pa. Code Citation (if amending/repealing): [____] Pa. Code § [________________________________]

This petition is submitted pursuant to the Pennsylvania Rules of Administrative Practice and Procedure, 1 Pa. Code § 35.18, which authorizes any interested person to file a petition for the issuance, amendment, waiver, or deletion of a regulation. This petition is also submitted in accordance with the Regulatory Review Act, 71 P.S. § 745.1 et seq., and any applicable agency-specific petition procedures.

The Petitioner respectfully requests that the Agency/Board acknowledge receipt of this petition, review the proposed rulemaking request, and take appropriate action.

Enclosed are the formal Petition for Rulemaking and all supporting materials.

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name / Title

[________________________________]
Organization

[________________________________]
Address

[________________________________]
Email / Telephone

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

COMMONWEALTH OF PENNSYLVANIA

Petition for: ☐ Issuance ☐ Amendment ☐ Waiver ☐ Deletion of Regulation

Filed Pursuant to: 1 Pa. Code § 35.18

Date Filed: [__/__/____]

I. PETITIONER IDENTIFICATION

Full Name: [________________________________]

Organization/Entity (if applicable): [________________________________]

Mailing Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented):

Name: [________________________________]

PA Attorney ID No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

II. TYPE OF RULEMAKING REQUESTED

☐ Issuance of a new regulation
☐ Amendment of an existing regulation
☐ Deletion (repeal) of an existing regulation
☐ Waiver of an existing regulation

Existing Regulation Citation (if amending, deleting, or seeking waiver): [____] Pa. Code § [________________________________]

Title/Subject of Existing Regulation: [________________________________]

Proposed New Regulation Citation (if issuance): [____] Pa. Code § [________________________________] (suggested)

III. STATEMENT OF PETITIONER'S INTEREST

Under 1 Pa. Code § 35.18, any interested person may petition for the issuance, amendment, waiver, or deletion of a regulation.

A. Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

C. Organizational Affiliation and Membership (if applicable):

[________________________________]
[________________________________]

D. Persons or Entities Similarly Affected:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND PURPOSE

A. Description of the Problem or Issue:

The current regulatory framework [________________________________] creates the following problems:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

B. Factual Background:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Regulation Addresses the Problem:

The proposed rulemaking would address these issues by:

1. [________________________________]
2. [________________________________]
3. [________________________________]

D. Anticipated Benefits:

☐ Enhanced public health and safety
☐ Improved regulatory clarity
☐ Cost savings for regulated entities
☐ Environmental protection (Article I, § 27)
☐ Consumer protection
☐ Alignment with federal requirements
☐ Correction of outdated provisions
☐ Reduction of regulatory burden
☐ Other: [________________________________]

Detailed explanation of benefits:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE LANGUAGE

The Petitioner submits the following proposed regulatory text for the Agency/Board's consideration. Additions are shown in bold and deletions in ~~strikethrough~~:

Proposed [____] Pa. Code § [________________________________]:

Section [________________________________]

(a) [________________________________]
[________________________________]
[________________________________]

(b) [________________________________]
[________________________________]
[________________________________]

(c) [________________________________]
[________________________________]
[________________________________]

(d) [________________________________]
[________________________________]
[________________________________]

Alternative Language (if applicable):

[________________________________]
[________________________________]
[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Statutory Authority for the Agency/Board to Act:

The Agency/Board possesses authority to [issue/amend/delete] the proposed regulation under the following statutory provisions:

1. Organic Statute: [________________________________] grants the Agency/Board authority to [________________________________].

2. General Rulemaking Authority: [________________________________] authorizes the Agency/Board to promulgate regulations necessary to implement its statutory mandate.

3. Specific Delegation: [________________________________] specifically authorizes regulation of [________________________________].

B. Petition Authority -- 1 Pa. Code § 35.18:

Under 1 Pa. Code § 35.18, any interested person may file a petition for the issuance, amendment, waiver, or deletion of a regulation. The petition must:

1. Set forth clearly and concisely the interest of the petitioner in the subject matter
2. Set forth the proposed text of the regulation or amendment
3. Cite the statutory authority of the agency to grant the request
4. Include any facts, views, or arguments in support of the petition

C. Regulatory Review Act Compliance (71 P.S. § 745.1 et seq.):

If the Agency/Board grants this petition and initiates rulemaking, the proposed regulation must comply with the Regulatory Review Act, including:

1. Submission of proposed rulemaking and Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC), the Senate standing committee, and the House standing committee (71 P.S. § 745.5(a))
2. Publication of proposed regulation in the Pennsylvania Bulletin with a minimum 30-day public comment period
3. IRRC review within 30 days after close of public comment period (71 P.S. § 745.5(d))
4. Final-form rulemaking submitted to IRRC, standing committees, and the Attorney General (71 P.S. § 745.5a)
5. IRRC approval or disapproval within 30 days (71 P.S. § 745.5a(e))

D. IRRC Review Criteria (71 P.S. § 745.5b):

The Independent Regulatory Review Commission evaluates proposed regulations under these criteria:

1. Statutory authority for the regulation
2. Whether the regulation conforms to the intent of the General Assembly
3. Legislative comments, recommendations, or objections
4. Public comments received
5. Economic or fiscal impact of the regulation
6. Reasonableness of requirements, implementation procedures, and timetables
7. Whether the regulation represents a valid exercise of police power
8. Whether the regulation is supported by acceptable data
9. Clarity, feasibility, and reasonableness of the regulation
10. Protection of the public health, safety, and welfare

E. Constitutional Considerations:

[________________________________]
[________________________________]

F. Environmental Rights (if applicable):

Pa. Const. Art. I, § 27 provides that the people have a right to clean air, pure water, and the preservation of the natural, scenic, historic, and esthetic values of the environment. If this petition relates to environmental regulation:

[________________________________]
[________________________________]

G. Federal Preemption Analysis:

☐ No federal preemption issues identified
☐ Federal preemption analysis attached (see Exhibit [____])

[________________________________]
[________________________________]

VII. REGULATORY IMPACT ANALYSIS

In support of this petition, the Petitioner provides the following information consistent with the Regulatory Analysis Form requirements:

A. Costs and Benefits:

1. Costs to regulated community:
   [________________________________]
   [________________________________]

2. Costs to state government:
   [________________________________]

3. Costs to local government:
   [________________________________]

4. Benefits to regulated community:
   [________________________________]

5. Benefits to the public:
   [________________________________]

6. Cost-benefit summary:
   [________________________________]
   [________________________________]

B. Impact on Small Businesses:

Under the Regulatory Review Act, the Petitioner provides the following assessment of impacts on small businesses:

1. Types and estimated number of small businesses affected:
   [________________________________]

2. Compliance costs for small businesses:
   [________________________________]

3. Less intrusive or less costly alternatives considered:
   [________________________________]

C. Paperwork Requirements:

[________________________________]
[________________________________]

D. Impact on Fees or Charges:

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety:

[________________________________]
[________________________________]

B. Consumer Protection:

[________________________________]
[________________________________]

C. Environmental Protection:

[________________________________]
[________________________________]

D. Equity and Fairness:

[________________________________]
[________________________________]

E. Government Efficiency and Accountability:

[________________________________]
[________________________________]

F. Comparison with Other Jurisdictions:

IX. SUPPORTING EVIDENCE AND EXHIBITS

The following documents are submitted in support of this petition:

☐ Exhibit A: Technical data and studies
☐ Exhibit B: Economic analysis and cost-benefit data
☐ Exhibit C: Stakeholder and industry letters of support
☐ Exhibit D: Comparative jurisdiction analysis
☐ Exhibit E: Federal regulatory references
☐ Exhibit F: Expert declarations or reports
☐ Exhibit G: Public comment summaries, surveys, or petitions
☐ Exhibit H: Draft regulatory text markup (redline version)
☐ Exhibit I: Draft Regulatory Analysis Form (RAF)
☐ Exhibit J: Other: [________________________________]

X. PETITIONER'S REQUEST

WHEREFORE, the Petitioner respectfully requests that [________________________________] (Agency/Board):

1. Accept and docket this petition in accordance with 1 Pa. Code § 35.18 and applicable agency procedures;

2. Initiate rulemaking proceedings consistent with the proposed regulatory language set forth herein, including:
   - Publication of proposed rulemaking in the Pennsylvania Bulletin
   - Submission of proposed rulemaking and Regulatory Analysis Form to IRRC, the relevant Senate standing committee, and the relevant House standing committee per 71 P.S. § 745.5(a)
   - Establishment of a public comment period of not less than 30 days;

3. Provide a written response to this petition within a reasonable time, stating the Agency/Board's decision;

4. Notify the Petitioner of any public hearings, comment periods, or board meetings related to the proposed rulemaking; and

5. Grant the Petitioner an opportunity to present oral testimony or written comments during the rulemaking process.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements made in this petition are true and accurate to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Signature: ________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS

Where to File

Agency Filing:

• Submit the petition to the agency or board with jurisdiction over the subject matter
• Address the petition to the agency secretary or board chair
• Confirm the agency's preferred filing method

For Environmental Regulations (EQB Petitions):

• Submit petition to the Secretary, Department of Environmental Protection
• Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101
• Follow 25 Pa. Code Chapter 23 procedures (EQB petition policy)

Independent Regulatory Review Commission (IRRC):

• Note: IRRC reviews proposed regulations but does not accept initial petitions for rulemaking
• IRRC becomes involved after the agency submits a proposed rulemaking
• IRRC Address: 333 Market Street, 14th Floor, Harrisburg, PA 17101
• Website: https://www.irrc.state.pa.us/

Filing Requirements

☐ Original petition signed by petitioner (verified under 18 Pa.C.S. § 4904)
☐ Copy of proposed regulatory language
☐ All supporting exhibits properly labeled
☐ Cover letter addressed to agency head or board chair
☐ Petition form prescribed by the agency (if any)
☐ Filing fee (if required -- most agencies do not charge a fee)

Service Requirements

☐ Serve one copy on the agency or board
☐ Retain one copy for petitioner's records
☐ Serve copies on additional parties as required by agency rules

Filing Tips

1. Check agency-specific petition procedures -- some agencies have their own petition regulations. For example, the Environmental Quality Board has detailed procedures under 25 Pa. Code Chapter 23.

2. Use the prescribed form -- if the agency has a prescribed petition form, use it. Check the agency's website or contact the agency directly.

3. Request a date-stamped copy -- ask the agency to date-stamp your copy upon receipt.

4. Send via certified mail -- if mailing, use certified mail with return receipt requested.

5. Monitor the Pennsylvania Bulletin -- watch for publication of any notice related to the petition at https://www.pacodeandbulletin.gov/

AGENCY RESPONSE REQUIREMENTS

General Timeline

Pennsylvania does not have a single statutory provision mandating a fixed deadline for agency response to all rulemaking petitions. However, the following framework applies:

EQB-Specific Procedures (25 Pa. Code Chapter 23)

For petitions to the Environmental Quality Board, the following detailed procedures apply:

1. Submission: Petition submitted to the Secretary of DEP on prescribed forms
2. Completeness Review: DEP has 30 days to determine if the petition is complete
3. Amendment Period: If incomplete, petitioner has 30 days to amend
4. Board Presentation: At the next EQB meeting at least 15 days after completeness determination, the Chair informs the EQB of the petition
5. Oral Presentation: Petitioner or representative may make a 5-minute oral presentation to the EQB
6. Department Report: DEP prepares an evaluation report within 60 days
7. Extension: If the report cannot be completed within 60 days, DEP notifies the EQB at its next meeting
8. Proposed Rulemaking: If regulatory amendments are recommended, DEP develops a proposed rulemaking within 6 months after the report is mailed to the petitioner

Possible Agency/Board Responses

☐ Grant the petition -- initiate rulemaking under the Regulatory Review Act
☐ Grant in part -- initiate rulemaking on some requested provisions
☐ Deny the petition -- decline to initiate rulemaking, with stated reasons
☐ Defer action -- postpone decision pending further study
☐ Request additional information -- ask petitioner for supplemental materials
☐ Refer to another agency or board -- if another body has jurisdiction

APPEAL OF DENIAL

Administrative Remedies

If the agency or board denies the petition:

1. Request Reconsideration: File a written request for reconsideration with the agency or board, presenting new evidence or arguments.

2. IRRC Communication: Contact the Independent Regulatory Review Commission. While IRRC does not review petition denials, IRRC staff can be informed of regulatory concerns and may raise them during the regulatory review process.

3. Governor's Office: Petition the Governor's Office to direct the agency to reconsider the rulemaking request.

4. Legislative Channels: Contact the relevant Senate and House standing committees with jurisdiction over the agency. Under the Regulatory Review Act, these committees play a significant role in regulatory oversight.

5. General Assembly Petition: Under Article I, § 20 of the Pennsylvania Constitution, citizens have the right to petition the government for redress of grievances.

Judicial Review

If administrative remedies are exhausted:

1. Commonwealth Court: File a petition for review in the Commonwealth Court of Pennsylvania under 42 Pa.C.S. § 763 (original jurisdiction over actions against Commonwealth agencies).

2. Standard of Review: The court will review whether the agency's action was:
   - An abuse of discretion
   - A violation of the petitioner's constitutional rights
   - Contrary to law
   - Not supported by substantial evidence (if factual findings are at issue)

3. Statute of Limitations: A petition for review of a final agency action must generally be filed within 30 days after entry of the order or the date notice is served (Pa.R.A.P. 1512).

4. Standing: The petitioner must demonstrate a direct, substantial, and immediate interest in the agency's decision -- more than a remote or speculative interest.

5. Environmental Rights: If the petition involves environmental regulations, the petitioner may also invoke the Environmental Rights Amendment (Pa. Const. Art. I, § 27) as interpreted by the Pennsylvania Supreme Court in Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013).

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter to agency head or board chair
☐ Formal Petition for Rulemaking (signed and verified)
☐ Statement of petitioner's interest
☐ Statement of need and purpose
☐ Proposed regulatory language (full text)
☐ Legal authority analysis
☐ Verification/signature page (under 18 Pa.C.S. § 4904)

Recommended Supporting Documents

☐ Regulatory impact analysis (consistent with RAF requirements)
☐ Small business impact assessment
☐ Technical studies or data
☐ Stakeholder support letters
☐ Comparative jurisdiction analysis
☐ Expert declarations or reports
☐ Federal regulatory references
☐ Draft Regulatory Analysis Form (RAF)
☐ Proof of service/delivery

Filing Copies

☐ Original for agency or board filing
☐ Copy for petitioner's records
☐ Copy for attorney (if represented)
☐ Date-stamped copy from agency (request at filing)

PRACTICE TIPS FOR PENNSYLVANIA PRACTITIONERS

Before Filing

1. Identify the correct agency or board -- Pennsylvania has numerous independent boards and commissions with rulemaking authority. Verify which body has jurisdiction over the subject matter and the relevant title of the Pennsylvania Code.

2. Check agency-specific petition procedures -- the Environmental Quality Board (EQB) has detailed petition procedures under 25 Pa. Code Chapter 23. Other agencies may have their own procedures. Check the relevant title of the Pa. Code.

3. Review the Pennsylvania Bulletin -- check for pending rulemaking on the same topic at https://www.pacodeandbulletin.gov/. A pending rulemaking may provide an opportunity to submit public comments instead.

4. Contact IRRC -- the Independent Regulatory Review Commission staff can provide guidance on the regulatory process and the criteria used to evaluate proposed regulations: https://www.irrc.state.pa.us/

5. Build stakeholder support -- gather letters of support from affected industries, consumer groups, environmental organizations, or other stakeholders.

Drafting the Petition

6. Follow 1 Pa. Code § 35.18 requirements -- ensure the petition clearly sets forth the petitioner's interest, proposed text, statutory authority, and supporting facts, views, or arguments.

7. Draft a preliminary Regulatory Analysis Form -- while the agency is responsible for the formal RAF, providing a draft demonstrates thoroughness and assists the agency. The RAF template is available from IRRC.

8. Address IRRC review criteria -- frame the petition to address the criteria IRRC uses to evaluate regulations under 71 P.S. § 745.5b: statutory authority, legislative intent, economic impact, reasonableness, clarity, and public welfare.

9. Cite specific statutory authority -- identify the precise statutory provisions that authorize the agency or board to adopt the proposed regulation.

10. Invoke Article I, § 27 (if applicable) -- for environmental regulations, reference the Environmental Rights Amendment and relevant case law (Robinson Township).

After Filing

11. Attend board meetings -- if the petition is submitted to a board (e.g., EQB), attend board meetings to monitor the petition's progress and exercise the right to make an oral presentation.

12. Prepare for the 5-minute oral presentation (EQB) -- under 25 Pa. Code Chapter 23, the petitioner may make a 5-minute oral presentation to the EQB. Prepare a concise, persuasive presentation.

13. Monitor the Pennsylvania Bulletin -- watch for publication of proposed rulemaking related to the petition.

14. Engage legislative standing committees -- the Senate and House standing committees with jurisdiction over the agency play an important role in the Regulatory Review Act process. Contact committee chairs and members.

15. Preserve all records -- retain copies of all filings, correspondence, date-stamped receipts, and agency communications for potential judicial review.

SOURCES AND REFERENCES

1. Regulatory Review Act: 71 P.S. § 745.1 et seq.
   - https://www.irrc.state.pa.us/

2. 1 Pa. Code § 35.18 - Petitions for Rulemaking:
   - https://www.pacodeandbulletin.gov/

3. Independent Regulatory Review Commission (IRRC):
   - https://www.irrc.state.pa.us/

4. IRRC FAQ:
   - https://www.irrc.state.pa.us/contact/faqs.cfm

5. 25 Pa. Code Chapter 23 - EQB Petition Policy:
   - https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/025/chapter23/chap23toc.html

6. DEP Rulemaking Petitions:
   - https://www.pa.gov/agencies/dep/public-participation/environmental-quality-board/rulemaking-petitions

7. Pennsylvania Bulletin and Code:
   - https://www.pacodeandbulletin.gov/

8. Kline School of Law - PA Regulatory Process Guide:
   - https://klinelaw.libguides.com/c.php?g=366020&p=6030400

9. Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013):
   - Environmental Rights Amendment case law

10. IRRC Regulatory Review Criteria: 71 P.S. § 745.5b

This template is provided for informational purposes only and does not constitute legal advice. Rulemaking petition requirements vary by agency and board in Pennsylvania. Consult a qualified Pennsylvania attorney before filing a petition for rulemaking. Last updated: 2026-03-08.