State of Oregon

 DEPARTMENT OF ENVIRONMENTAL QUALITY

Relationship to Federal Requirements

RULE CAPTION

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Not more than 15 words that reasonably identify the subject matter of the agency’s intended action.

Answers to the following questions identify how the proposed rulemaking relates to federal requirements and potential justification for differing from federal requirements. The questions are required by OAR 340-011-0029(1).

1.  Are there federal requirements that are applicable to this situation? If so, exactly what are they?

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2.  Are the applicable federal requirements performance based, technology based, or both with the most stringent controlling?

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3.  Do the applicable federal requirements specifically address the issues that are of concern in Oregon? Was data or information that would reasonably reflect Oregon's concern and situation considered in the federal process that established the federal requirements?

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4.  Will the proposed requirement (rulemaking) improve the ability of the regulated community to comply in a more cost effective way by clarifying confusing or potentially conflicting requirements (within or cross-media), increasing certainty, or preventing or reducing the need for costly retrofit to meet more stringent requirements later?

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5.  Is there a timing issue which might justify changing the time frame for implementation of federal requirements?

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6.  Will the proposed requirement (rulemaking) assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth?

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7.  Does the proposed requirement (rulemaking) establish or maintain reasonable equity in the requirements for various sources? (level the playing field)

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8.  Would others face increased costs if a more stringent rule is not enacted?

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9.  Does the proposed requirement (rulemaking) include procedural requirements, reporting or monitoring requirements that are different from applicable federal requirements? If so, Why? What is the "compelling reason" for different procedural, reporting or monitoring requirements?

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10.  Is demonstrated technology available to comply with the proposed requirement (rulemaking)?

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11.  Will the proposed requirement (rulemaking) contribute to the prevention of pollution or address a potential problem and represent a more cost effective environmental gain?

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1900-00-00T00:00:00
[Info1]
Lisa L. Jones
In order to clearly identify the relationship between proposed rules and applicable federal requirements and facilitate consideration and rule adoption by the EQC, the Department, with assistance of advisory committees where appropriate, shall:

1. Consider and develop a response to the questions the questions set

forth below during the rule development process.

2. Include the questions and responses as an attachment in the

information package distributed to to the public prior to the

rulemaking hearing.

3. Include the questions and responses as an attachment in the final

staff report presented to the EQC when rule adoption is recommended.

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