From: MATZKE Andrea
Sent: Fri Jan 25 11:05:28 2013
To: MATZKE Andrea
Subject: FW: Invitation to participate in fiscal review of rulemaking
Importance: Normal
From: WIGAL Jennifer
Sent: Wednesday, January 09, 2013 1:13 PM
To: Participants
Cc: MATZKE Andrea; STURDEVANT Debra; FOSTER Eugene P; KISHIDA Koto
Subject: Invitation to participate in fiscal review of rulemaking (sent to each participant)
Dear Participant,
This email is to confirm your participation as a member of the OR Department of Environmental Quality’s Nonpoint Source and Toxics Fiscal and Economic Impact Advisory Committees associated with the Corrections and Clarifications to Toxics and Nonpoint Source Regulations Rulemaking. DEQ anticipates that the proposed changes will be adopted by the Environmental Quality Commission (EQC) in June 2013. DEQ is holding one meeting of the Fiscal and Economic Impact Advisory Committee scheduled for:
January 24 at DEQ Headquarters (811 SW Sixth Avenue, Portland)
· 10:00 – 11:30 in Room EQC A, 10th Floor (Fiscal Impact Statement for Clarifications to Nonpoint Source Regulations)
· 1:00 – 3:00 in Conference Room 10, 10th Floor (Fiscal Impact Statement for Corrections and Clarifications to Toxics Regulations)
Conference Call-In Number: 866-680-0146
Participant Code: 839266
Participants may choose to conference call if traveling to DEQ Headquarters is inconvenient for you. Please let Andrea Matzke (contact information below) know if you will conference call in to the meeting. If you have been asked participate in the review of both fiscal impact statements, there will be a brief lunch break (on your own) between meetings. The following stakeholder groups have been asked to participate in the review of the fiscal impact statements for both rules:
· Association of Oregon Industries
· Northwest Pulp and Paper Association
· OR Association of Clean Water Agencies
· Willamette Riverkeeper
· Columbia River Inter-Tribal Fish Commission
· Oregon Farm Bureau
In addition, the following groups have been asked to participate in the review of the fiscal impact statement for the clarifications to the nonpoint source regulations:
· Oregon Forest Industries Council
· Oregon Small Woodlands Association
· Oregon Cattlemen’s Association
· Oregonians for Food and Shelter
· Oregon Department of Agriculture
· Oregon Department of Forestry
As a committee member, you will be asked to review and provide input on the statement of need and fiscal and economic impact for the draft proposed rule revisions. A draft statement of need and fiscal and economic impact and proposed rule changes will be e-mailed to you no later than January 17. Please review the draft fiscal document in context of the proposed rule changes and be prepared to provide input, such as costs, benefits, and need of rulemaking at the January 24th meeting. Feel free to e-mail documents, materials, etc. supporting any input you may have to Andrea Matzke: matzke.andrea@deq.state.or.us (for the toxics rule revisions) and Koto Kishida: kishida.koto@deq.state.or.us (for the nonpoint source rule revisions).
Background
The Corrections and Clarifications to Toxics and Nonpoint Source Regulations Rulemaking is comprised of proposed changes to both toxics and nonpoint source regulations. Neither rulemaking presents policy issues that need to be considered. The proposed revisions are either non-substantive corrections or clarify the water quality standard consistent with the original intent. These rulemakings were combined for the purpose of program rulemaking efficiency. Given the non-substantive changes in these rulemakings, DEQ is conducting an abbreviated advisory committee process to focus on the fiscal impact statement for these rulemakings. As required for any rulemaking, DEQ is soliciting information regarding any potential fiscal impact either of the rulemakings will present. DEQ will prepare two separate fiscal statements (i.e. one for the nonpoint source revisions and one for the toxics revisions) and hold two separate meetings to review the information DEQ develops. More information about these proposed revisions are described below.
Nonpoint Source Rulemaking
· DEQ is conducting a rulemaking to remove several provisions in its water quality rules addressing nonpoint source compliance with water quality standards. These nonpoint source provisions proposed for removal from the rules duplicate and may cause confusion regarding the statutory requirements contained in the Oregon Forest Practices Act and the Agriculture Water Quality Management Act.
· This issue has come to light through the temperature litigation, and as such, DEQ has agreed to recommend to the EQC that the EQC remove these rules since they are duplicative with Oregon statutes with respect to obligations of land owners and managers to meet water quality standards.
· DEQ’s commitment to conduct a rulemaking to remove these provisions and present recommended rule revisions to the Environmental Quality Commission by June 2012 is reflected in the January 7, 2012 Order from Judge Acosta.
Toxics Rulemaking
· Separately, DEQ identified the need to make certain corrections to its toxics criteria rule and associated tables. In reviewing documentation to prepare for EPA’s upcoming action (by January 31, 2013) on DEQ’s 2004 aquatic life criteria, DEQ identified typographical errors, omissions, and needed text clarifications. In addition, DEQ identified several typos associated with the human health criteria adopted in 2011.
· In order to ensure that all the aquatic life criteria are effective upon EPA’s action (or as soon as possible thereafter), are easily found, and are clear and useable for regulatory purposes, DEQ is proposing to undertake this rulemaking now and couple the administrative process for this rulemaking with the rule addressing nonpoint sources.
· A separate toxics rulemaking will follow this rulemaking to address more complex issues such as revisions to and derivation of aquatic life toxics criteria to address the National Marine Fisheries Service’s recent biological opinion and other updates, as needed.
For questions about the nonpoint source proposed revisions, please contact Gene Foster or Koto Kishida.
Gene Foster, Manager
503-229-5325
Koto Kishida
503-229-6381
For questions about the toxics proposed revisions, please contact Jennifer Wigal or Andrea Matzke
Jennifer Wigal, Manager
wigal.jennifer@deq.state.or.us
503-229-5323
Andrea Matzke
503-229-5384