Title of Rulemaking

2013 Water Quality Permit Fees

Scope of Rulemaking

Increase water quality permit fees by no more than 3%, using the annual fee increase mechanism (excludes suction dredge permits). Adopt new major modification fees for MS4 Phase 1 and UIC. (A new major modification fee for MS4 Phase 2 will not be included in this rulemaking.) Adopt new fees for WPCF 600 permit.

Team members and representation

Member - Representing

Est. Time

Duration

Lead Administrator: Greg Aldrich - Water Quality Division

Lead Manager: Dennis Ades – WQ Surface Water Management

Rulemaking Project Lead: Chris Clipper - WQ Surface Water Management

EMT side agreement participants/representatives:

????

10 hours

20 hours

0.25 FTE

0.5 hour

1 hour

7 months

7 months

7 months

Team roles and responsibilities

Key Team Roles

•  Ensure rulemaking complies with legal requirements and policies.

•  Complete data collection, stakeholder involvement, consultations, analyses, and options development.

•  Prepare staff reports, rules and supporting documents and plans. This includes the development of a comprehensive Implementation Plan and Communication Plan for the rule.

•  Help determine the number and location of public hearings for rulemaking.

•  Follow rulemaking process.

Responsibilities of Team Participants including Project Lead

•  Attend meetings regularly or ensure a qualified alternate attends to support positions they take (use of alternates should be minimized).

•  Prepare for meetings and consult with management (represented EMT member, PMT, RMT) before meetings and keep them informed of issues and rulemaking progress.

•  Represent their programs’ or regions’ interests on issues.

•  Discuss with their respective program and region staff and management any issues that were noted during the meetings and solicit their input on those issues and achieve concurrence.

•  Discuss with rulemaking team any issues and proposed resolutions that may have been discussed with program and/or region staff.

•  Raise issues in a timely manner and ensure issues are documented and resolved as soon as possible.

•  Work for consensus in addressing issues, but elevate issues when necessary.

•  Seek external assistance when the rulemaking team lacks critical information.

•  Ensure work products meet agency quality standards.

•  Contribute a meaningful amount of work to the rulemaking and complete assignments (role is not simply to monitor or critique others’ work).

Additional Responsibilities of Project Lead

•  Facilitate a responsive group process that encourages members to raise issues, and provides for open discussion and resolution.

•  Draft and coordinate development of Rulemaking Plan.

•  Oversee implementation of Rulemaking Plan.

•  Coordinate development of notice and final rulemaking packages.

•  Raise issues beyond the scope of a rulemaking to lead Administrator.

•  Coordinate involvement of participating ODAM members.

•  Coordinate rulemaking team closure and signature and review processes.

Other DEQ staff involvement

Est. Time

Duration

Other DEQ staff will need to be involved in the rulemaking, but will probably only attend meetings as necessary (if at all). Involve these people early in the process, so that they can make time on their schedule for the needed work.

Fee increase estimates/Budget/Fiscal Impact Statements - Adam Coutu, Yonkie Hurd, Jim Roys

Office of Communications and Outreach – Communication plan development (Brian White)

Water Quality Division –

Organizational development (Stephanie Brandon)

Business Systems Development - Database assistance (William Brown)

Time frame

??? - Meet with Blue Ribbon Committee to discuss the rulemaking.

Role of Advisory Committee & Stakeholders

•  At a minimum, provide comment on the Statement of Need and Fiscal and Economic Impact form, due May 3, 2013

(Will review by BRC be concurrent with DEQ internal rulemaking team??? Depends upon when the BRC meeting is scheduled.)

Role of Internal Rulemaking Team

•  Coordinate meetings with Advisory Committee and other stakeholders.

•  Consult with Advisory Committee and other stakeholders as needed.

•  Determine additional roles that Advisory Committee and others might have during rulemaking process.

•  Review issues raised by stakeholders and identify ways to address concerns.

•  Identify additional issues and ways to address the issues.

•  Provide proposed rules and fee charts to stakeholders for review prior to public comment.

Contacts and purpose

Larry Knudsen - Department of Justice (DOJ): Legal issues and rule review.

Develop Communication Plan

•  Work with DEQ’s Office of Communication and Outreach (Brian White) to develop plan.

•  Meet with Brian on March 2013 to review draft of communication plan.

Public outreach

•  During the course of the rulemaking process discuss proposed rule language and issues with stakeholders involved in the rulemaking process.

•  Use the public notice and comment processes described below to communicate with the public.

•  Include key external constituencies on interested persons list for this rulemaking.

•  Conduct presentations at/participate in stakeholder meetings as necessary.

•  Contact legislators by mail or email to inform them about proposed fee changes and surcharge.

Internal staff

•  Communicate with DEQ regional water quality permit staff to solicit input on issues that are noted during rulemaking, and keep staff informed on implementation issues and timeline.

•  Provide updates on rulemaking as necessary to the PMT.

•  Give presentation/training and updates on rulemaking at DEQ staff meetings and workshops as needed.

•  EQC might need an information item.

Approval of Fees

Target date: March 15, 2013 (April 14 is ~ 30 days before May 14)

Generally, new fees or fee increases not previously approved within DEQ's budget must be approved and/or recorded by the Department of Administrative Services. Approved within the DEQ budget means that the fees were previously included as part of the budget that was approved by the recent legislative session. If the fees were included as part of the DEQ budget, then no approval by DAS is necessary. The request to DAS must be submitted at least 30 days before filing notice of proposed rulemaking with the Secretary of State if you are seeking approval.

-  DAS approval will be required for new major modification fees and WPCF 600.

-  3% Fee Increase was adopted by Legislature and does not need DAS approval.

Creation of new Division and/or Rule Numbers

Approval must obtained from the Secretary of State for all new rule numbers/division numbers. (If you are adding a new rule number, you are adopting a new rule, even if you are moving existing text to that rule.) If you obtained permission for a new rule number for a temporary rule, you may use that rule number for a permanent rule if the temporary rule has not expired. To obtain the Secretary of State's approval, send an e-mail to your division rules coordinator, identifying the new rule numbers you want to use; include alternate numbers if you are requesting numbers that may have been retired. The division rules coordinator will contact the agency rule coordinator to obtain the Secretary of State’s approval.

E-mail identifying proposed new rule/division number(s) sent to division rules coordinator on (A new Division number and/or Rule number is not be needed).

Implementation plan

Target date: March 2013

•  Complete a rule implementation spreadsheet which includes communication, education, outreach, and web updates needed.

Schedule hearings and public comment

Start scheduling: March 2013

The public comment period is scheduled to take place May 20–June 24, 2013 .

The public hearings will be June 17, June 18, and June 19.

•  Public comment period begins when notice to interested parties has been sent.

•  Schedule hearings at least 28 days after DEQ mails notice of the proposed rulemaking and at least 14 days after publication in the SOS’s Bulletin.

•  Schedule close of comment period at least 3 business days after the last hearing and at least 30 days after notice is mailed, if possible.

Prepare notice documents

Target date: April 5, 2013 (drafts finalized)

Prepare the following documents:

•  Notice of Proposed Rulemaking Hearing

•  Statement of Need and Fiscal and Economic Impact

Obtain input from Advisory Committe and consult with department budget office; Neil to review before it goes to stakeholders.

•  Land Use Evaluation Statement

•  Relationship to Federal Requirements Questions

•  Rulemaking Announcement for Notice Package

•  Rules - strikeout/underline version of the rule amendments

Complete concurrence review for Notice of Proposed Rulemaking package

Message Map

Target date: April 18, 2013

Compile and route draft Notice package for Manager’s review:

•  Rulemaking Announcement for Notice Package

•  Notice of Proposed Rulemaking Hearing

•  Statement of Need and Fiscal and Economic Impact

•  Land Use Evaluation Statement

•  Relationship to Federal Requirements Questions

•  Rule Implementation Plan Checklist and Rule Implementation Plan

•  Rules - strikeout/underline version of the rule amendments (to selected reviewers)

•  Other supporting document needed

Deadline: April 24, 2013

E-mail Notice package to rulemaking team and the following reviewers. Edit and use Draft Notice Package Routing Memo:

•  Agency Rules Coordinator: Maggie Vandehey

•  DOJ Program Attorney: Larry Knudsen

•  Blue Ribbon Committee members (Statement of Need and Fiscal and Economic Impact only)

Deadline: May 3, 2013

Obtain comments from reviewers. Revise the draft Notice package as needed.

•  Respond to comments on significant issues and as requested.

•  Keep participating EMT members and others informed/elevate issues as needed.

•  Route second draft to selected reviewers as useful prior to concurrence review.

Deadline: May 10, 2013

Have Division Adminsitrator review Notice Package and give approval for publishing Notice in SOS Bulletin. Work with DA’s Executive Assistant to get review time on calendar.

Deadline: May 9, 2013(before the start of the public comment period!)

Compile talking points (i.e. Message Map or Question and Answer)

Assemble a brief, bulleted list of key messages to be used, if necessary, to answer questions from public, stakeholders, news media

Publish notice in SOS’s Bulletin

Deadline: May 14, 2013 by 4:30 p.m. (not negotiable)

Fax Notice of Proposed Rulemaking and Fiscal Impact Statement to SOS at 1-503-378-4118. Do not include a fax cover sheet. This must be at least 14 days before first hearing and 21 days before effective date of rules (use EQC adoption for effective date), not counting date of hearing or EQC meeting.

SOS Bulletin publication date is June 3, 2013.

Signatures required:

Fiscal Impact Statement – Budget Office & Project Lead

Notice of Proposed Rulemaking – Agency Rules Coordinator

Email and Mail notice to interested persons and legislators

Target date: May 2-3, 2013

•  Prepare notice package for mailing:

o  Rulemaking Announcement

o  Notice of Proposed Rulemaking

o  Statement of Need and Fiscal and Economic Impact

o  Land Use Evaluation Statement

o  Relationship to Federal Requirements Questions

o  [Rules - strikeout/underline version of the rule amendments (to selected reviewers)] or [Omit rule amendments (explain in cover memo how a copy of the rules can be obtained and any other supporting document needed.)]

Note: Do not include the Rule Implementation Checklist or Plan.

•  Have Division Legislative Coordinator (Karen Tarnow) review cover letter for the notice packages for legislators.

Target date: May 2-3, 2013

Identify, review and supplement the mailing lists to receive notice of proposed rulemaking. Send notice to the following:

Revise – include list of options from gov docs

Get rid of mailing language which is now mostly email

•  DEQ’s “WQ All Rules” mailing list (OD maintains)

o  All persons who have requested in writing to be notified of all DEQ rulemaking

o  All affected permit holders

o  Selected legislators (House Speaker, Senate President, chair or co-chairs of interim or session committees with authority over subject matter of DEQ rulemaking) [check with Christine] add link for templates on Qnet

o  Legislative Counsel

o  Department of Land Conservation and Development (on all rules list)

o  Energy Facility Siting Council

o  EQC members

o  Other DEQ additions

•  Mailing lists for Water Quality (Gov Delivery/GovDocs/WQ Rules list/WQ Onsite list)

o  All persons who have requested in writing to be notified of all program or particular rule division rulemaking (see Martha for other lists)

o  Other persons added by the program, Division, or Offices

•  List of interested persons for this rulemaking

Target date: May 1, 2013

Coordinate with mailroom and support staff to prepare for copying and mailing the notice package. Merge and review mailing lists to avoid mailing multiple copies to anyone unintentionally (coordinate with Art Knight on the mailing list).

Target date: May 21, 2013

•  Mail notice to the mailing lists:

o  At least 21 days before first hearing date and 28 days before effective date (use EQC adoption date).

o  At least 49 days before effective date for legislators (do not count date of hearing or EQC adoption date).

•  Have the person depositing the mailing in U.S. Postal Service mail complete a Certificate of Mailing for the Notice package, and attach a copy of the materials mailed and a list of the recipients. Put the Certificate with attachments in the rulemaking record.

•  Have the person sending the email notice to GovDocs send you the receipt email, the group(s) used, and the list of emails that it went to.

Publish Notice on DEQ’s website

Target date: May 21, 2013

Publish notice documents on DEQ’s and Water Quality’s websites:

Program website

http://www.oregon.gov/DEQ/WQ/index.shtml

Proposed rulemakings http://www.deq.state.or.us/regulations/proposedrules.htm

Public notices

http://www.deq.state.or.us/news/publicnotices/PN.asp

Send news release to media

Target date: May 21, 2013

Prepare news releases. Consult with OCO staff. Mail to media. Retain a copy of the news release and list of media to whom it was mailed in the rulemaking record.

Verify publications

Newspaper display ads for public hearings

Target date: June 4, 2013

Review publications to verify that notice was accurately published in the SOS Bulletin and newspapers, and on DEQ’s and Water Quality’s website. The Bulletin is on the SOS website at: http://arcweb.sos.state.or.us/banners/rules.htm. Contact DRC if publication is inaccurate. Print a copy for rulemaking record.

Target date: May 27, 2013 – put ads together this day

Briefly advertises the time, place and purpose of each public hearing. At least one display ad to be placed in each community where hearing will be held.

Conduct hearings and receive comment

Target date: June 17-19, 2013

Conduct hearings and receive comment. Public Comment deadline is June 24, 2013.

Target date: June 20, 2013

Prepare Presiding Officer’s (PO) report for the final rulemaking package (PO prepares).

Target date: June 21, 2013

•  Compile and evaluate all oral and written comments, data, exhibits and other information received during the comment period. Prepare responses in a Summary of Comments and Agency Responses.

•  Place originals of all comments, data, exhibits and other written materials received and the recording of oral testimony presented at the hearings in the rulemaking record. Include printed e-mail comments.

Revise rules in response to comment

Target date: June 25, 2013

•  Revise rules in response to comments.

o  Respond to comments on significant issues and as requested.

o  Consult, keep participating EMT members and others informed and elevate issues as needed.

Final Rulemaking package

Deadline: complete by June 28, 2013

•  Draft EQC staff report

•  Update the Implementation Plan and Communication Plan

•  Compile the draft Final Rulemaking Package:

o  EQC Staff Report

o  Attachments:

▪  Proposed rule revisions - strikeout/underline (“accepted changes” optional)

▪  Summary of Public Comments and Agency Responses

▪  Presiding Officer’s Report

▪  Statement of Need and Fiscal and Economic Impact (from Notice package)

▪  Land Use Evaluation Statement (from Notice package)

▪  Relationship to Federal Requirements (from Notice package)

▪  Advisory Committee Membership and Report

o  Other documents as useful

Target date: July 1, 2013

E-mail Final Rulemaking package with the Concurrence Review for Final Rulemaking Package form to rulemaking team and the following reviewers:

•  Division Rules Coordinator: Chris Clipper

•  Agency Rules Coordinator: Maggie Vandehey

•  DOJ Program Attorney: Larry Knudsen

•  Legislative Coordinator: Karen Tarnow

Target date: July 9, 2013

Obtain concurrence reviews on the Final Rulemaking package.

Target date: July 12, 2013

Obtain Division Administrator’s authorization to submit Final Rulemaking package to the Director

Submit Final Rulemaking package to the Director’s Office

Target date: July 17, 2013??? by 5:00 p.m. (not negotiable)

Submit Final Rulemaking package to the Director’s Office for the Director’s approval and signature on the EQC Staff Report.

Target date: responsibility of the Director’s Office (Aug. 1, 2013???)

If approved, the Director’s Office will send the EQC Staff Report with attachments to the EQC (without Rule Implementation Plan and other documents available upon request).

Distribute Final Rulemaking package

Target date: after Aug. 7, 2013; dependent upon when documents are posted to website

(Staff report and attachments are posted to the DEQ website approximately two weeks prior to the EQC meeting.)

E-mail approved EQC Staff Report with attachments to rulemaking team (without Rule Implementation Plan and other documents available upon request). Be sure Neil has the documents.

Target date: after Aug. 7, 2013; dependent upon when documents are posted to website

Mail the approved EQC Staff Report with attachments to persons who provided oral or written comment during the comment period, and do not have an email address on file with DEQ. Have the person depositing the mailing in U.S. Postal mail complete a Certificate of Mailing and attach a copy of the materials mailed and the lists of recipients. Put the Certificate with attachments in the rulemaking record. For persons who provided oral or written comment during the comment period, and do have an email address on file with DEQ, DEQ may email a website link of the approved EQC Staff Report with attachments to these persons.

Present proposed rules to EQC for adoption

Target date: Aug. 1 and 8, 2013 ( 3-4 weeks prior to EQC Meeting)

Present a dry run of the presentation to the lead Administrator and others. (contact Neil’s executive assistant to schedule 2 dry-run presentation times).

Schedule dry runs on June 3, 2013.

Send request to EQC Assistant to be added to EQC agenda on June 3, 2013.

EQC presentation materials due to EQC Assistant on Aug. 12, 2013???.

Present the proposed rules to the EQC.

Date: Aug. 21-22, 2013

File rules with the SOS and Legislative Counsel

•  Prepare the filing packages for the SOS and Legislative Counsel and submit them to DRC (DRC may assist in preparing).

Target date: Aug. 27, 2013 - As soon as possible following EQC adoption

The filing package for the SOS must include:  

o  Cover letter for filing permanent rules or cover letter for filing temporary rules, to be signed by the ARC - original.

o  Certificate of Filing Permanent Rules or Certificate for Filing Temporary Rules, to be signed by the ARC - original (ARC will add two signed copies).

o  Statement of Need and Justification (for temporary rules only), signed by the Director - original and two copies.

o  Hard copy of the adopted rules (no changes shown) properly formatted with margin notations of formatting - original and one copy (formatting requirements are in Formatting for SOS filing).

o  Diskette with electronic copies of the rules as adopted, properly formatted and labeled. Each diskette should include two separate files for each Division revised, one in Word and one as text only.

o  Return envelope addressed to the ARC.

Target date: Sept. 2, 2013 - Within 10 days of submittal to SOS (allow several days between submitting to SOS and LC)

The filing package for Legislative Counsel must include:

o  Copy of the cover letter sent to SOS (ARC will provide signed copy).

o  Copy of the Certificate and Order (ARC will provide signed copy).

o  Hard copy of the rules showing changes (strikeout/underline) - one copy.

For ARC:

o  Diskette with two electronic copies of the adopted rules, one showing changes and one with changes accepted.

•  DRC will submit the filing package to ARC for signature and filing with SOS and Legislative Counsel.

•  ARC files rules with SOS and Legislative Counsel. Rules are effective upon filing or a later date required by statute or specified in the rules.

Publish adopted rules on DEQ’s website

See Implementation Plan.

The Secretary of State's listing of administrative rules is updated the first of each month. Updated rules contain all rule changes filed through the 15th of the month prior; for example if a rule change is filed on September 14, it will be added to the rule compilation on October 1. If the rule change is filed on September 16, it will be added to the rule compilation on November 1.

http://www.deq.state.or.us/regulations/rules.htm

Announce rule adoption

Target date: Preliminary: Aug. 1, 2013

Post-EQC: Aug. 27, 2013

E-mail an announcement of the rule adoption to appropriate persons. This is optional and meant for internal purposes only. Information to include: date of rule adoption, date rule becomes effective with SOS, and date rule becomes available on SOS website.

Verify accuracy of SOS publication

Target date: Oct. 1, 2013

Verify accuracy of SOS published adopted rules in the Bulletin and on its website, both at http://arcweb.sos.state.or.us/banners/rules.htm. Inform the DRC that publication is accurate and ask for assistance if mistakes need to be corrected.

Note: The SOS normally publishes rules filed by the 15^th of the month in the Bulletin on the 1^st of the next month, but may require additional time for voluminous rules. The SOS often publishes rules on its website before publication in the Bulletin.

Submit the official rulemaking record

Timeline: Sept. 19, 2013 - Complete within 30 days of rule adoption

•  Complete the Rulemaking Record Checklist to compile the record for the rulemaking and submit it to the DRC for review. Retain a copy of the record as required by the Division or Office procedures.

•  Submit the record to the ARC (DRC submits).

Implement the rules

Timeline: Initial work Aug. 5-7, 2013

Following EQC presentation – Aug. 29-30, 2013

Carry out the Rule Implementation Plan, including distribution of adopted rules. Periodically revisit Implementation Plan “follow-up list” to determine necessary revisions and issues associated with rulemaking.