State of Oregon

 DEPARTMENT OF ENVIRONMENTAL QUALITY

Land Use Evaluation Statement

Rulemaking Proposal

 for

Amend the Clean Water State Revolving Fund - Permanent Rules

1.  Explain the purpose of the proposed rules.

The American Recovery and Reinvestment Act of 2009 (the Act) allows the U.S. Environmental Protection Agency to allocate $44 million to DEQ's Clean Water State Revolving Fund to create jobs and promote economic recovery. To meet the requirements of the Act, the Environmental Quality Commission (EQC) adopted temporary amendments to DEQ's CWSRF loan program administrative rules in April 2009. By law, these temporary rules will expire in October 2009. The adoption of this permanent rulemaking will replace these temporary rules and ensure DEQ's program will meet the requirements of the Act.

2.  Do the proposed rules affect existing rules, programs or activities that are considered land use programs in the DEQ State Agency Coordination (SAC) Program?

 Yes X  No  

 a.  If yes, identify existing program/rule/activity:

   Oregon administrative rule 340-018-0030(5)(b) identifies the approval of a state revolving loan application as one of DEQ's programs and actions determined to have significant effects on land use.

 b.  If yes, do the existing statewide goal compliance and local plan compatibility procedures adequately cover the proposed rules?

 Yes X  No   (if no, explain):

 c.  If no, apply the following criteria to the proposed rules.

   NA

3.  If the proposed rules have been determined a land use program under 2. above, but are not subject to existing land use compliance and compatibility procedures, explain the new procedures the Department will use to ensure compliance and compatibility.

 NA

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[Info1]
Lisa L. Jones
This format presents questions to be answered regarding land use.

Instructions for this form are available by selecting "Instructions" from the EQC Formats menu. Also, it would be a good idea to refer to OAR 340, Division 18 and the DEQ "State Agency Coordination Program" Document prior to completing this form.

Use the <Alt><Z> macro to search to the location for entry of the title of the item. Beyond that point, use the arrow keys to move to the questions and enter reponses as appropriate.

(updated 5/23/94)

1900-00-00T00:00:00
[Info2]
Lisa L. Jones
Enter the title of the rulemaking proposal.

1900-00-00T00:00:00
[Info3]
Lisa L. Jones
Staff should refer to Section III, subsection 2 of the SAC document in completing the evaluation form. Statewide Goal 6 - Air, Water and Land Resources is the primary goal that relates to DEQ authorities. However, other goals may apply such as Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources; Goal 11 - Public Facilities and Services; Goal 16 - Estuarine Resources; and Goal 19 - Ocean Resources. DEQ programs or rules that relate to statewide land use goals are considered land use programs if they are:

     1.  Specifically referenced in the statewide planning goals; or

     2.  Reasonably expected to have significant effects on

       a.  resources, objectives or areas identified in the statewide planning goals, or

       b.  present or future land uses identified in acknowledged comprehensive plans.

     In applying criterion 2. above, two guidelines should be applied to assess land use significance:

      -  The land use responsibilities of a program/rule/action that involves more than one agency, are considered the responsibilities of the agency with primary authority.

      -  A determination of land use significance must consider the Department's mandate to protect public health and safety and the environment.