PLAN THE RULEMAKING

Planned

Completed

Task

SIP Rule Project Planning

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Develop preliminary SIP development plan. Tentatively identify major elements that will need to be in the SIP, such as air quality data, emission inventories, control measures, attainment demonstrations, etc.

Ensure the rulemaking is on the DEQ Rulemaking Agenda

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Obtain a current copy of your base rules and confirm with DRC; Confer with SIP coordinator to determine if the rulemaking would affect the SIP. For rules that do affect the SIP, determine with the SIP Coordinator if EPA will consider them a SIP relaxation.

Source of base rules: __________________________________________

Date rule division last revised: ____________________________________

Date rules obtained: ____________________________________________

Do the rules affect the SIP? (Y/N)

Are rules a SIP relaxation? (Y/N)

DRC initials review: ____________________________________________

Develop the Rulemaking Plan

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For Non-Attainment/Maintenance/Regional Haze SIP rules, develop a technical analysis protocol including inventory preparation plan

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If the SIP revision contains processes related to transportation (such as transportation control measures, motor vehicle emissions budget), coordinate with the Federal Highway Administration’s office. Contact Fred Patron, (fred.patron@fhwa.dot.gov, 503-587-4704) or Michelle Eraut (michelle.eraut@fhwa.dot.gov, 503-587-4718).

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Approve the Rulemaking Plan (Rulemaking Team and DRC)

For SIP rules the rulemaking plan could also be used as the Preliminary SIP Development Plan or SIP Revision Development Plan. The SIP Development Plan should be signed by the appropriate state/local and EPA representatives for approval.

DEVELOP THE RULEMAKING PROPOSAL

Draft rules

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For new SIP rules, obtain new SIP section number. Include the “SIP Note” with each rule that is part of the SIP.

For rule SIPs, complete Appendix 4, “SIP Template for a Rule SIP Revision”

Schedule hearings (optional) and comment period

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

•  For SIP rules, hearings must be at least 30 days after DEQ mails notice of the proposed rulemaking and 15 days after publication in the SOS Bulletin.

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

Prepare Notice documents

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Complete Notice of Proposed Rulemaking (with or without hearing).

The ARC signs this form after the lead administrator authorizes publication of notice, following concurrence review for the final Notice package. For SIP rules, the notice must say, “These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency as a revision to the State Implementation Plan, which is a requirement of the Clean Air Act”, and the notice must be approved by the SIP coordinator. Finally, the notice must designate “OAR 340-200-0040” under the section titled “AMEND”.

PROVIDE NOTICE OF PROPOSE RULEMAKING

Review draft Notice of Proposed Rulemaking package

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E-mail the draft Notice package to the rulemaking team and the following reviewers using Draft Notice Package Routing Memo (edited for your package):

Project lead's mgr, participating EMT members (full or through side agreements specifying review), lead administrator, DRC, ARC, DOJ program attorney, and others designated in the Rulemaking Plan.

For SIP rules mail a draft to EPA, prior to the public participation process. (at least 45 days prior to the public hearing)

Publish notice of proposed rulemaking

Publish notice in SOS Bulletin

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Fax Notice of Proposed Rulemaking and Statement of Need and Fiscal and Economic Impact to SOS at 503-378-4118:

•  By 4:30 p.m. on the 15^th of the month for publication on the 1^st of the next month (last bsns day before the 15^th when 15^th is a weekend or holiday)

•  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

•  For SIP rules, notice must be published at least 15 days prior to hearing.

Mail notice to interested persons and legislators

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Mail notice to the mailing lists:

•  At least 28 days before first hearing date and 28 days before effective date (use EQC adoption date). For SIP and delegated programs, submit draft rule to EPA at least 45 days before hearing. At least 49 days before effective date for legislators. Do not count date of hearing or EQC adoption.

Place newspaper ads

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Ask AA to place ads (allow 5-7 days for newspapers to process).

For SIP rules, you must draft a legal notice newspaper advertisement. A 30-day notice is required, not counting the day of publication or day of public hearing. This notice must indicate the proposal will revise the SIP. The AA will contact the newspapers directly and give them specific instructions regarding the ad and when it is to run. The AA will then prepare a standard requisition, attach the text of the ad, and send both to the accounting section in the business office at headquarters. Be sure to tell the AA where the costs are to be charged and ask that he or she add a note on the requisition form asking the business office to return a copy of the affidavit of publication to you. Accounting will pay the newspapers when it receives the invoice and tearsheet or affidavit of publication. If any of these originals come to you, promptly return them to accounting for payment. Put a copy of the affidavits of publication and the published ads in your rulemaking record.

Revise rules in response to comment

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For SIP and delegated programs, provide EPA with a copy of significant changes or responses to EPA comments.