EQCStaffReportRuleAdoption

DETP/19/1417

''Wednesday, June 26, 2019 at 2:42:39 PM (GMT+07:00) Goldstein, Meyer:'' Rule Caption: Disclosure of the Relationship between Proposed Rules and Federal Requirements. Adm. Order No.: DEQ 1-2008 Filed with Sec. of State: 2-25-2008 Certified to be Effective: 2-25-08 Notice Publication Date: 10-1-2007 Rules Amended: 340-011-0010, 340-011-0029 Subject: The Oregon Department of Environmental Quality (DEQ) revised two Oregon Administrative Rules (OARs) that direct the Department’s rulemaking procedures. These changes were necessary to comply with Senate Bill 107, Section 3 that the 2007 legislature enacted. DEQ revised OAR 340-011-0010 to accommodate new requirements when noticing an intent to adopt, amend or repeal DEQ administrative rules. Also, the agency revised OAR 340-011-0029(1) and (2) to reflect the new requirements regarding DEQ disclosure of the relationship between proposed administrative rules and applicable federal requirements. By this rulemaking, DEQ removed from rule the disclosure form (OAR 340-011-0029, table 1) it has used in its disclosure process. The questions that provide the basis of disclosure will remain in administrative rules and are being updates to reflect Senate Bill 107, Section 3 requirements. Senate Bill 107, Section 3 also requires DEQ establish specific procedures related to its rules affecting Title V operating permits; Title V of the Federal Clean Air Act requires that each major industrial source of air pollution obtain and comply with an operating permit. DEQ revised 340-011-0029(3) to ensure that those impacted by DEQ rules related to facilities regulated by Title V permits have an opportunity, as now required by law, to discuss those impacts before the Environmental Quality Commission.