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Oregon Department of Environmental Quality

 Oregon Environmental Quality Commission Meeting

Rulemaking Action Item NO. XX

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DEQ recommendation to the EQC

CHOOSE ONE AND DELETE THE OTHERS; OR DRAFT YOUR OWN RECOMMENDATION BASED ON THESE EXAMPLES:

DEQ recommends that the Environmental Quality Commission adopt the proposed rules in Attachment A as part of Chapter 340 of the Oregon Administrative Rules.

OR

REQUIRED FOR SIP RULEMAKINGS:

DEQ recommends that the Environmental Quality Commission:

1.  Adopt the proposed rules in Attachment A as part of chapter 340 of the Oregon Administrative Rules;

2.  Approve incorporating these rule amendments into the Oregon Clean Air Act State Implementation Plan under OAR 340-200-0040;

3.  Direct DEQ to submit the SIP revision to the U.S. Environmental Protection Agency for approval.

Overview

Short summary of proposed rule changes

Background of reasons for doing this rulemaking

How this rulemaking addresses the reasons for doing the rulemaking

Key policy and technical issues 

Affected parties

Outreach efforts and public and stakeholder involvement

Hearing testimony

Summary of significant public comments and responses

Effects of this rulemaking on any fees

Brief summary of fiscal impact 

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REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

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Request for other options

During the public comment period, DEQ requested public comment on whether to consider other options for achieving the rules’ substantive goals while reducing the rules’ negative economic impact on business. This document includes a summary of comments and DEQ responses.

Public hearings and comment

DEQ held ##XX public hearing(s). DEQ received ## XX public comments. The following is a summary of comments DEQ received during the public comment period with cross reference to the commenter number. DEQ’s response follows the summary. Original comments are on file with DEQ.

Presiding Officers’ Record

Hearing 1

Presiding Officer:

The presiding officer convened the hearing and summarized procedures for the hearing including notification that DEQ was recording the hearing. The presiding officer asked people who wanted to present verbal comments to complete, sign and submit a registration form or, if attending by Web conference to indicate their intent to present comments.

As Oregon Administrative Rule 137-001-0030 requires, the presiding officer summarized the content of the rulemaking notice.

DEQ added all names, addresses and affiliations provided on the registration form and attendee list to DEQ interested parties list for this rule and to the commenter section of this staff report. The commenter list includes a cross reference to the hearing number. DEQ added all written and oral comments presented at each hearing to the summary of comments and agency responses section of this staff report.

Hearing 2

Presiding Officer:

The presiding officer convened the hearing and summarized procedures for the hearing including notification that DEQ was recording the hearing. The presiding officer asked people who wanted to present verbal comments to complete, sign and submit a registration form or, if attending by Web conference to indicate their intent to present comments.

As Oregon Administrative Rule 137-001-0030 requires, the presiding officer summarized the content of the rulemaking notice

DEQ added all names, addresses and affiliations provided on the registration form and attendee list to DEQ interested parties list for this rule and to the commenter section of this staff report. The commenter list includes a cross reference to the hearing number. DEQ added all written and oral comments presented at each hearing to the summary of comments and agency responses section of this staff report.

Informational Meetings

DESCRIBE MEETING. DELETE THIS SECTION IF IT DOES NOT APPLY.

Summary of comments and DEQ responses

For public comments received by the close of the public comment period, the following table organizes comments into NUMBER OF CATEGORIES categories with cross references to the commenter number. DEQ’s response follows the summary. Original comments are on file with DEQ.

DEQ did not change the proposed rules in response to comments.

DEQ changed the proposed rules in response to comments described in the response sections below.

1  Comment  

DEQ received comments in this category from commenters listed in the Commenter section below.

Response  

2  Comment  

DEQ received comments in this category from commenters listed in the Commenter section below.

Response  

3  Comment  

DEQ received comments in this category from commenters listed in the Commenter section below.

Response  

Commenters

Comments received by close of public comment period

The table below lists people and organizations that submitted public comments about the proposed rules by the deadline. Original comments are on file with DEQ.

1  Commenter  NAME

Affiliation  ORGANIZATION

This commenter submitted comments under categories in the Summary of comments and DEQ responses section above.

2  Commenter  NAME

Affiliation  ORGANIZATION

This commenter submitted comments under categories in the Summary of comments and DEQ responses section above.

3  Commenter  NAME

Affiliation  ORGANIZATION

This commenter submitted comments under categories in the Summary of comments and DEQ responses section above.

Notification

The proposed rules would become effective upon filing on approximately DATE mmm, dd, yyyy. DEQ would notify affected parties by:

Compliance and enforcement

•  Affected parties -Text

•  DEQ staff - Text

Measuring, sampling, monitoring and reporting

•  Affected parties - Text

•  DEQ staff - Text

Systems

•  Website - Text

•  Database - Text

•  Invoicing - Text

Training

•  Affected parties - Text

•  DEQ staff - Text

Five-year review  ORS 183.405

Requirement  

Oregon law requires DEQ to review new rules within five years after EQC adopts them. The law also exempts some rules from review. DEQ determined whether the rules described in this report are subject to the five-year review. DEQ based its analysis on the law in effect when EQC adopted these rules.

Exemption from five-year rule review

DELETE THIS PARAGRAPH IF NO RULES ARE EXEMPT FROM REVIEW:

The Administrative Procedures Act exempts CHOOSE ONE: SOME … ALL of the proposed rules from the five-year review because the proposed rules would:

DELETE ANY THAT DON’T APPLY:

•   Amend or repeal an existing rule. ORS 183.405(4).

•   Implement a court order or a civil proceeding settlement. ORS 183.405(5)(a).

•   Adopt a federal law or rule by reference. ORS 183.405((5)(b).

•   Implement legislatively approved fee changes. ORS 183.405(5)(c).

•   Correct errors or omissions in the existing rules. ORS 183.405(d).

DELETE THIS PARAGRAPH IF ANY OF THE RULES ARE EXEMPT FROM REVIEW:

None of these proposed rules are exempt from the five-year review under ORS 183.405(4) and 183.405 (5) of the Administrative Procedures Act.

Five-year rule review required

No later than DATE FIVE YEARS FROM ADOPTION. DEQ will review the newly adopted rules for which ORS 183.405 (1) requires review to determine whether:

•  The rule has had the intended effect

•  The anticipated fiscal impact of the rule was underestimated or overestimated

•  Subsequent changes in the law require that the rule be repealed or amended

•  There is continued need for the rule.

DEQ will use “available information” to comply with the review requirement allowed under ORS 183.405 (2).

DEQ will provide the five-year rule review report to the advisory committee to comply with ORS 183.405 (3)

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Maggie 5/1/2012

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