Oregon Department of Environmental Quality

 Enter date that comment period begins

 Notice of Proposed Rulemaking

Enter caption

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Administrative Procedures Act Requirements

All DEQ public writing for rulemaking must be clear and simple to meet requirements of the Administrative Procedures Act.

ORS 183.750 Readability of Public Writings

Article Content

183.750 State agency required to prepare public writings in readable form.

(1) Every state agency shall prepare its public writings in language that is as clear and simple as possible.

(2) As used in this section:

(a) “Public writing” means any rule, form, license or notice prepared by a state agency.

(b) “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state government. [Formerly 183.025]

Note: 183.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 183.335

Notice

(2)(a) The notice required by subsection (1) of this section must include:

…(B) An objective, simple and understandable statement summarizing the subject matter and purpose of the intended action in sufficient detail to inform a person that the persons interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action.

Plain Language

When you write this document, and all other public rulemaking documents, your publication reviewers will follow plain language guidelines. We, your reviewers recommend the following resources for anyone who has not taken a plain language course or who needs a refresher.

FAA Plain Language Course. [] It will take about an hour. It has some quirkiness and a few shots of humor.

For more details in an online or printable format, use the Federal Plain Language Guidelines. [LINK]

Agency Communications on Q-Net offers the DEQ-centric Style and writing resources [LINK]

Short summary 

Enter a short high-level summary about what we propose. It needs to be factual and impartial. Use bullets to help your readers pick up the gist of our proposal at a glance. Do not include supporting evidence or justification for why we are proposing the rules though you may refer to the Statement of need section from more details.

EXAMPLE:

DEQ proposes rules to increase water quality fees by 2.9 percent for individuals, businesses and government agencies that hold the following permits effective Nov. 1 2014:

•  National Pollutant Discharge Elimination System permits

•  Water Pollution Control Facility permits

•  Water Pollution Control Facility permits specific to onsite septic systems

TEXT

Required for SIP RulesDEQ proposes the Oregon Environmental Quality Commission approve the proposed rules for incorporation into the Oregon Clean Air Act State Implementation Plan and submittal to the U. S. Environmental Protection Agency for its approval under the federal Clean Air Act.

Brief history

OPTIONAL – Do not repeat information entered above or required in other sections of this document. The Statement of Need section includes different methods for presenting numerous, disparate issues.

TEXT

Regulated parties

TEXT

SIP OPTION The proposed amendment of Oregon Administrative Rule 340-200-0040 to incorporate Enter program name here TEXT into the State of Oregon Clean Air Act Implementation Plan does not change the regulated parties.

Request for other options

During the public comment period, DEQ requests public comment on whether to consider other options for achieving the rule's substantive goals while reducing negative economic impact of the rule on business.REQUIRED LANGUAGE – DO NOT CHANGE

OPTIONALFreeform title EXAMPLE: Outline/Key issues/Crosswalk/Map

If other sections in this document address the issues adequately, delete this section. The core team may adapt titles and in this section. Use one of the formats below to present your information.

Enter freeform title here

TEXT

Enter freeform title here

TEXT

Statement of need

Select method below that best communicates the need for this proposal using the following required elements.

METHOD 1: For proposals that are straight forward

What need would the proposed rule address?

TEXT

How would the proposed rule address the need?

TEXT

How will DEQ know the rule addressed the need?

TEXT

METHOD 2: For proposals that address numerous, disparate issues

METHOD 3: For proposals that address numerous, disparate issues, Make a copy of the table for each issue.

How will DEQ know the rule has addressed the need?

TEXT

METHOD 4: For proposals that address numerous, disparate issues

Enter rule or topic title

What need would the proposed rule address?

TEXT

How would the proposed rule address the need?

TEXT

How will DEQ know the rule addressed the need?

TEXT

Enter rule or topic title

What need would the proposed rule address?

TEXT

How would the proposed rule address the need?

TEXT

How will DEQ know the rule addressed the need?

TEXT

Enter rule or topic title

What need would the proposed rule address?

TEXT

How would the proposed rule address the need?

TEXT

How will DEQ know the rule addressed the need?

TEXT

METHOD 5: any combination of the methods above.

Lead division  Program or activity

TEXT  TEXT

Review PowerPoint slide to learn about the structure of a rule and definitions of the rule elements [LINK].

Chapter 340 action

Statutory authority

ORS 468.020, 468.065, ###.###<Enter additional statutory authorities here if needed.

Other authority

ORS###.### < Enter other authorities here, if any.

Statute implemented

ORS ###.### < Enter here.TEXT

Legislation

Enter House Bill or Senate Bill ####, yyyy, if relevant TEXT

Documents relied on for rulemaking  ORS 183.335(2)(b)(C)

List principal documents, reports or studies relied on to develop this proposal. Include the location where the documents are available for public inspection. If the list is extensive, you may identify where the complete list is located.

Fee Analysis

This rulemaking does not involve fees.

Statement of fiscal and economic impact        ORS 183.335 (2)(b)(E)

For proposals that address numerous issues, the core team may use one of the methods under the Statement of Need section to clarify how this section applies to the disparate elements of this rulemaking.

LINK to review the Statement of Fiscal Impact Q-Card for this section.

Fiscal and Economic Impact

At a very high level, summarize proposed rules that would or could create an impact.

TEXT

Statement of Cost of Compliance  

For each entity below, consider both positive and negative impact in the description of the estimated fiscal and economic impacts and costs to comply with the proposed rules. If there is no impact, describe why there is no impact – it is not enough to say, “There is no fiscal impact.” If unable to estimate or quantify the impact, say something like, “DEQ is unable to quantify the impact at this time because …” then explain why. It is OK to say we do not have available data to make this estimate. Rather than repeat identical impacts, its OK to reference the impact on other entities such as, “For large businesses, the cost to comply with the proposed rules is identical to costs described under small businesses. Do not change the order of the entities in the list below because it aligns with our electronic filing with Secretary of State.

State OPTION: and federal agencies  Discuss impacts to DEQ in this section if different from other agencies.

TEXT

Direct Impacts    TEXT

Indirect Impacts  TEXT

Local governments

TEXT

Direct Impacts    TEXT

Indirect Impacts  TEXT

Public

TEXT

Direct Impacts    TEXT

Indirect Impacts  TEXT

Large businesses - businesses with more than 50 employees

TEXT

Direct Impacts    TEXT

Indirect Impacts  TEXT

Small businesses – businesses with 50 or fewer employees ORS 183.336

Resources: The rules group has the latest Department of Employment data that includes employer name, location, number of employees and North American Industry Classification System Code

TEXT

Direct Impacts    TEXT

Indirect Impacts  TEXT

Documents relied on for fiscal and economic impact

To meet Administrative Procedures Act requirements, DEQ lists all documents relied on to develop this fiscal section at this location even though you listed them in the Rules affected, authorities, supporting documents section above.

Advisory committee

OPTION 1

DEQ appointed an advisory committee Select phrase a for the sole purpose of making a recommendation on this fiscal and economic impact statement. Alternatively, select phrase b to provide input on the proposed rules and make recommendations on this fiscal and economic impact statement.

To comply with ORS 183.333, DEQ asked for the committee’s recommendations on:

•  Whether the proposed rules would have a fiscal impact,

•  The extent of the impact, and

•  Whether the proposed rules would have a significant impact on small businesses and complies with ORS 183.540.

The committee reviewed the draft fiscal and economic impact statement and documented its recommendations in the Select phrase a Enter title and date of document TEXT or phrase b approved minutes dated Enter date using style guide format – mmm dd, yyyy, EXAMPLE: Jan. 14, 2013.

The committee Enter specifics about the committee’s fiscal impact review. Phrase for small business involvement a To meet requirements in ORS 183.540, the committee considered how to reduce the economic impact on small business and determined Describe applicable elements under ORS 183.540 . Phrase for small business involvement b The committee determined the proposed rules would not have a positive or negative, or a direct or indirect economic impact on small businesses in Oregon.

OPTION 2

DEQ did not appoint an advisory committee. Enter statement describing why DEQ did not convene and advisory committee – be brief.

Housing cost

OPTION 1 – impact

To comply with ORS 183.534, DEQ determined the proposed rules Select phrase a would have or phrase b may have or a combination of both phrases an effect on the development cost of a 6,000-square-foot parcel and construction of a 1,200-square-foot detached, single-family dwelling on that parcel. Enter qualifying statement describing what/how these parcels are involved – be brief.

OPTION 2 – no impact

To comply with ORS 183.534, DEQ determined the proposed rules would have no effect on the development cost of a 6,000-square-foot parcel and construction of a 1,200-square-foot detached, single-family dwelling on that parcel. Enter reason why these parcels are not involved here – be brief. EXAMPLE: The proposed rules only affect manufacturers of electronic devices sold in or into Oregon.

Federal relationship

"It is the policy of this state that agencies shall seek to retain and promote the unique identity of Oregon by considering local conditions when an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attempt to adopt rules that correspond with equivalent federal laws and rules..." ORS 183.332

For proposals that address numerous issues, use one of the methods under the Statement of Need section above if needed to clarify numerous and disparate elements of this rulemaking

Relationship to federal requirements

This section complies with OAR 340-011-0029 and ORS 468A.327 to clearly identify the relationship between the proposed rules and applicable federal requirements.

Select the option below that applies to this rulemaking. Some proposals may need multiple options. Delete text under options not used for this rulemaking.

The purpose of the Federal Relationship form is to highlight the substantive differences between DEQ's rules and federal rules, not to explain every minor difference and trivial details such as DEQ using a different word than EPA.

OPTION 1 – verbatim or by reference

The proposed rules would adopt federal requirement select item from list > Choose an item.. Enter description that includes the name and citation here – be brief.

OPTION 2– substantively equivalent to federal requirements

The proposed rules are not “different from or in addition to federal requirements” and impose stringency equivalent to federal requirements. Enter description that includes the name and citation here – be brief.

OPTION 3– in addition to federal requirements

The proposed rules are “in addition to federal requirements.”

The proposed rules 3a incorporate science applicable to Oregon, 3b incorporate technological advances, 3c protect public health, 3d protect environment, 3e address administrative issues 3feconomic concerns 3g others. Enter additional information about how and why the proposed rules are different from the federal requirements here.

What alternatives did DEQ consider if any?

Enter description about why DEQ did not pursue these alternatives. If other parts of this document describes alternatives considered, DOJ advises us to duplicate the information here. TEXT

Land use

“It is the (Environmental Quality) Commission's policy to coordinate the Department's (DEQ’s) programs, rules and actions that affect land use with local acknowledged plans to the fullest degree possible.”   OAR 340-018-0010

For proposals that address numerous issues, you may use one of the methods under the Statement of Need section if it clarifies how this section applies to the disparate elements of this rulemaking.

Land-use considerations

To determine whether the proposed rules involve programs or actions that are considered a land-use action, DEQ considered:

•  Statewide planning goals for specific references. Section III, subsection 2 of the DEQ State Agency Coordination Program document identifies the following statewide goal relating to DEQ's authority:

Goal  Title

 5  Open Spaces, Scenic and Historic Areas, and Natural Resources

 6  Air, Water and Land Resources Quality

 11  Public Facilities and Services

 16  Estuarial Resources

 9  Ocean Resources

•  OAR 340-018-0030 for EQC rules on land-use coordination. Division 18 requires DEQ to determine whether proposed rules will significantly affect land use. If yes, how DEQ will:

◦  Comply with statewide land-use goals, and

◦  Ensure compatibility with acknowledged comprehensive plans, which DEQ most commonly achieves by requiring a Land Use Compatibility Statement.

•  DEQ’s mandate to protect public health and safety and the environment.

•  Whether DEQ is the primary authority responsible for land-use programs or actions in the proposed rules.

•  Present or future land uses identified in acknowledged comprehensive plans.

Determination

OPTION 1

DEQ determined that the proposed rules listed under the Chapter 340 Action section above do not affect existing rules, programs or activities considered land-use programs and actions in OAR 340-018-0030 or in the DEQ State Agency Coordination Program.

OPTION 2

DEQ determined that the following proposed rules, listed under the Chapter 340 Action section above, are existing rules that affect programs or activities that the DEQ State Agency Coordination Program considers a land-use program.

OAR 340-000-0000  Optional TEXT

OAR 340-000-0000  Optional TEXT

2aDEQ’s statewide goal compliance and local plan compatibility procedures adequately cover the proposed rules. Enter rationale for why it is adequate –be brief. TEXT

EXAMPLE 1: OAR 340-018-0040(1) - compliance with statewide planning goals achieved by ensuring compatibility with acknowledged comprehensive plans.

EXAMPLE 2: OAR 340-018-0050(2)(a) - ensuring compatibility with acknowledged comprehensive plans may be accomplished through a Land Use Compatibility Statement.

2bDEQ’s statewide goal compliance and local plan compatibility procedures do not cover the proposed rules. Enter criteria and rationale used to determine the proposed rules are land-use rules here.

Potential text > DEQ reasonably expects the program, rules or actions to have Select from list > Choose an item. effect on resources, objectives or areas in the planning goals. Enter explanation. TEXT

2cThe proposed rules are not subject to existing compliance and local plan compatibility procedures. To ensure compliance and compatibility, DEQ will Enter information about new procedures DEQ will use to ensure compliance and compatibility. TEXT

Stakeholder and public involvement

 Advisory committee

The discussion of advisory committee activities in this location is to present a complete picture of public involvement in this rulemaking. Please make sure this section does not cause ambiguity with advisory committee information in the Statement of need section.

OPTION 1

DEQ did not convene an advisory committee. Enter SHORT reason for not involving advisory committee here

OPTION 2

DEQ convened the Enter committee name here advisory committee on Enter date using style guide format – mmm dd, yyyy, EXAMPLE: Jan. 14, 2013 TEXT. The advisory committee provided Describe high-level input using language from charter TEXT. The committee Web page is at: http://www.oregon.gov/deq/RulesandRegulations/Pages/advisorycom.aspx.

The ##-member committee included representatives from Generally describe committee makeup here. The committee met ## times over ## months. In additional to the recommendations described under the Statement of Fiscal and Economic Impact section above, the committee Summarize involvement and link to any formalized recommendation here.

Roster

Meeting notifications

To notify people about advisory committee’s activities, DEQ sent GovDelivery bulletins, a free e-mail subscription service, to the following lists.

•  DEQ sent a one-time notice to Name of permittee or other group notified TEXT subscribers to describe how to sign up for advisory committee meeting notices. ORS 192.640.

•  People who signed up for advisory committee bulletin.

DEQ also added advisory committee announcements to DEQ’s calendar of public meetings at http://www.deq.state.or.us/news/events.asp.

The committee recommended that Summarize recommendation or involvement and link to any formal recommendation. The committee reviewed the fiscal impact statement, specifically the impact on small businesses.

EQC prior involvement

DEQ shares general rulemaking information with EQC through the monthly Director’s Report. OPTION 1 DEQ did not present additional information specific to this proposed rule revision. OPTION 2 DEQ shared information about this rulemaking with the EQC 2a at a facilitated hearing on Enter date using style guide format – mmm dd, yyyy, EXAMPLE: Jan. 14, 2013 TEXT, 2b through an informational item on the mmm dd, yyyy TEXT EQC agenda, 2c and in the Director's Report mmm dd, yyyy TEXT.

Public notice

DEQ provided notice of the Notice of Proposed Rulemaking OPTION 1 with Hearing OPTION 2 without Hearing for this rulemaking. OPTION 1 On mmm dd,yyyy TEXT, DEQ provided notice to: OPTION 2 DEQ submitted notice to:

•  Secretary of State for publication in the Enter month and year here, EXAMPLE August 2013 Oregon Bulletin OPTION on mmm dd, yyyy TEXT

•  EPA OPTION on mmm dd, yyyy TEXT.

•  The Rulemaking Web page Insert correct link when established http://www.oregon.gov/deq/RulesandRegulations/Pages/2013/RulemakingActivities.aspx OPTION on mmm dd, yyyy TEXT

•  #### TEXT interested parties on the Agency Rulemaking List through GovDelivery OPTION on mmm dd, yyyy TEXT

•  OPTION #### TEXT stakeholders on the Enter other mailing lists here TEXT OPTION on mmm dd, yyyy TEXT

•  The following key legislators required under ORS 183.335 OPTION on mmm dd, yyyy TEXT:

Enter name, title, committee here. TEXT

Enter name, title, committee here. TEXT

Enter name, title, committee here. TEXT

•  Members of the advisory committee OPTION on mmm dd, yyyy TEXT.

•  #### TEXT interested parties describe OPTION on mmm dd, yyyy TEXT.

•  #### TEXT interested parties through mail by U.S. Postal Service notice

•  Enter other notices here OPTION on mmm dd, yyyy. TEXT

OPTION DEQ provided legal notice(s) in the following newspapers:

EXAMPLES

The Oregonian  Publication date - mmm dd, yyyy TEXT

East Oregon (Pendleton)  Publication date - mmm dd, yyyy TEXT

Register Guard (Eugene)  Publication date - mmm dd, yyyy TEXT

Mail Tribune (Medford)  Publication date - mmm dd, yyyy TEXT

Klamath Herald & News (Klamath Falls)  Publication date - mmm dd, yyyy TEXT

La Grande Observer (La Grande)  Publication date - mmm dd, yyyy TEXT

Daily Journal of Commerce  Publication date - mmm dd, yyyy TEXT

Public hearings

DEQ plans to hold #### TEXT public hearing(s). The table(s) below explains how to participate in the hearing(s).

Before taking public comment and according to Oregon Administrative Rule 137-001-0030, OPTION 1the presiding officer OPTION 2staff presenter FOR BOTH OPTIONSwill summarize the content of the notice given under Oregon Revised Statute 183.335 and respond to any questions about the rulemaking.

DEQ will add the names, addresses and affiliations of all hearing attendees to the interested parties list for this rule if provided on a registration form or the attendee list. DEQ will consider all and written comments received at the hearings listed below before completing the draft rules. DEQ will summarize all comments and respond to comments on the Environmental Quality Commission staff report.

See the DEQ office addresses at the end of this document.

Delete the unused lines and hearings from the tables below. After the team has finalized the information in the table(s), copy them into STAFF.RPT-6.0~. The staff report includes directions on ungrouping hidden rows and deleting rows specific to the notice.

Ask Rules Group about an AT&T conference card tools and find other options at:

http://deq05/intranet/working/ORConnectWebConfSuite.htm

http://deq05/intranet/working/conferenceCalls.htm

Close of public comment period

The comment period will close Day Of Week, mmm dd, yyyy TEXT at ##:## TEXT p.m.

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Maggie 5/1/2012

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