From: GINSBURG Andy

Sent: Friday, February 22, 2008 12:56 PM

To: (All DEQ) staff Statewide

Subject: EQC adopts change in rulemaking procedure

Thanks to great work by Larry McAllister, EQC has adopted changes to Division 11 that should make all DEQ rule writers smile.

The changes implement SB 107, which required us to disclose any alternatives considered when we adopt a requirement that is "in addition" to a federal requirement. Larry, with the assistance of the Program rule coordinators, took the opportunity to streamline the existing rulemaking form for disclosing the relationship between a proposed rule and applicable federal requirements, boiling the form down from 11 questions to three. The new form applies to all DEQ rulemaking. In addition, the rule change provides an opportunity for a hearing before the EQC under certain circumstances when we propose rules that impact air quality Title V permittees.

Rule writers who have rules that are about to go out for public notice should check with your program rule coordinator or Larry to determine if you need to use the new form.

Thanks.

Andy

Andy Ginsburg

Air Quality Administrator

Oregon Department of Environmental Quality

ginsburg.andy@deq.state.or.us

503/229-5397