From: Vrooman Gary L
Sent: Fri Apr 27 15:50:42 2012
To: VANDEHEY Maggie; PICKERELL Loretta
Cc: PERRY Marylou; VROOMAN Gary L
Subject: RE: Qs re: comments to consider
Importance: Normal
Agreed on # 1.
Agreed on # 2 as well. If DEQ received the comments from the legislator during the comment period, as I take it is the case, then I would consider them in the response to comments, as Loretta suggests. If DEQ received the comments before the comment period let’s talk.
Gary L. Vrooman
Assistant Attorney General
Oregon Department of Justice
Natural Resources Section
971.673.1880
From: VANDEHEY Maggie [mailto:VANDEHEY.Maggie@deq.state.or.us]
Sent: Friday, April 27, 2012 3:40 PM
To: PICKERELL Loretta
Cc: PERRY Marylou; VROOMAN Gary L
Subject: RE: Qs re: comments to consider
Loretta and Gary, please see my answers below. Maggie
From: PICKERELL Loretta
Sent: Friday, April 27, 2012 3:14 PM
To: VANDEHEY Maggie
Cc: PERRY Marylou; VROOMAN Gary L
Subject: Qs re: comments to consider
Maggie-
Questions re: comments DEQ should consider in our response to comments received on the proposed rulemaking:
1) After the 2nd and 3rd advisory committee meetings, DEQ sent an email to the advisory committee and interested persons who had attended those meetings asking for further input on specific issues discussed at those meetings. We considered those comments during our deliberations in drafting rules to propose for public comment. I am assuming we are not required to include those comments in our summary and response to comments on the proposed rules. Question: are we allowed to? I’m not sure at this point we want to. Answer: If the exchange happened during your advisory committee process and before public notice, DO NOT include it in the comment/response.
2) One person, Mr. Aziz, sent concerns about the rules to a legislator, who sent Aziz’s comment to DEQ asking for a response. I had misunderstood Mary Lou, and thought the commenter had independently submitted the comment to DEQ (he had/has not – and our response to the legislator said we would respond to Mr. Aziz’s comment during the comment period. Regardless of that exchange, I propose we consider the comment in our response to comment bec/it came in during our public comment period. I suggest we note the commenter as the legislator on behalf of Mr. Aziz. Question: any problems with doing this? I moved the comment and our response to the legislator to the comment inbox. Answer: If the exchange happened during the public comment period, DO include it in comment/response. If it happened before the public comment period, I’ll defer to Gary.
Thanks
Loretta
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