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Oregon Department of Environmental Quality

ENTER EQC DATE

Oregon Environmental Quality Commission Meeting

Temporary Rulemaking Action Item: #

Air Quality 2016 Temporary Rules

DEQ recommends that the Environmental Quality Commission:

Determine that failure to act promptly would result in serious prejudice to the public interest or the interests of the parties concerned as provided under the Justification section of this staff report.

Adopt TEMPORARY rules as proposed in Attachment A as part of chapter 340 of the Oregon Administrative Rules to be effective Choose one: beginning on DATE or on filing with the Oregon Secretary of State.

Short summary 

Background (Optional)

What need is DEQ trying to address?

How would the proposed rule address the need?

1.  Enter rule or topic title

How would the proposed rule address the need?  

2.  Enter rule or topic title

What need is DEQ trying to address?

How would the proposed rule address the need?  

3.  Enter rule or topic title

What need is DEQ trying to address?

How would the proposed rule address the need?  

Justification ORS 183.335(5)

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◦  

◦  

◦  

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Consequences of not taking immediate action  

DEQ determined that not amending the proposed rules would _____________________.

Affected parties

How temporary rule would avoid or mitigate consequences

1.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

2.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

3.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

4.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

5.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

6.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

7.  Enter rule or topic title

Consequences of not taking immediate action

Affected parties

How temporary rule would avoid or mitigate consequences  

Rules affected, authorities, supporting documents

Lead division

Program or activity

Chapter 340 action

Statutory authority

ORS 468.020, 468.065,

Other authority

 ORS

Statute implemented  Legislation  Year

ORS      

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

ORS 183.534 requires DEQ to consider the rules’ impact on the cost of housing.

ORS 183.534 Housing cost impact statement described; rules. (1) A housing cost impact statement is an estimate of the effect of a proposed rule or ordinance on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square foot detached single family dwelling on that parcel.

OAR 813-025-0015 Preparation of Statement

(3) The Housing Cost Impact Statement shall include:

(a) A clear and concise statement of the need, objectives and legal basis for the rule;

(b) A description and estimate of how the proposed rule will increase the cost or reduce the supply of housing or land for residential development; and,

(c) A description of the impact of the proposed rules on the cost of materials, labor, administration and other factors as may be appropriate.

Include the applicable phrases and delete the others:

As ORS 183.534 requires, DEQ evaluated whether the proposed rules would have 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. DEQ determined the proposed rules

Choose one, delete the other:

would have no effect on the development costs because explain why.

or

would/could affect the development costs by explain why and how much, if possible, the rules raise these costs.

DEQ is not required to provide advance public notice before adopting a temporary rule. If DEQ did provide any advance public notice, describe it here. Include description of hearing, if one was held, testimony presented, any comments received, and responses to comments.

Advisory committee is not required for a temporary rule. If one was held, describe it here. If not, delete this section.

The ##-member committee met ## times over ## months and included representatives from __________.

 Roster

The committee recommended that Enter text here> The committee’s findings are available at the DEQ web site HERE – PROVIDE LINK.

OPTION 1 - DELETE IF NOT APPLICABLE

DEQ appointed an advisory committee.

As ORS 183.33 requires, 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  

Choose one:

-documented its recommendations in the (enter title and date of document)

or

- its findings are stated in the approved minutes dated DATE.

The committee Enter specifics about the committee’s fiscal impact review. The committee determined the proposed rules would/would not have a significant adverse impact on small businesses in Oregon.

Only if the fiscal impact statement or the advisory committee determined there would be a significant adverse impact on small business, include the following:

As ORS 183.333 and 183.540 require, the committee considered how DEQ could reduce the rules’ fiscal impact on small business by:

•  Establishing differing compliance or reporting requirements or time tables for small business;

•  Clarifying, consolidating or simplifying the compliance and reporting requirements under the rule for small business;

•  Utilizing objective criteria for standards;

•  Exempting small businesses from any or all requirements of the rule; or

•  Otherwise establishing less intrusive or less costly alternatives applicable to small business.

Explain the outcome of the above review.

DEQ shared information about this rulemaking with the EQC

•  at a facilitated hearing on mmm dd, yyyy

•  through an information item on the mmm dd, yyyy EQC agenda

•  in the Director's Dialog of mmm dd, yyyy.

Notification

The proposed rules would become effective on mmm dd, yyyy. DEQ would notify affected parties by ______________.

Compliance and enforcement

•  Affected parties - Enter text here.

•  DEQ staff - Enter text here

Measuring, sampling, monitoring and reporting

•  Affected parties - Enter text here.

•  DEQ staff - Enter text here

Systems

•  Website - Enter text here.

•  Website - Enter text here.

•  Website - Enter text here.

•  Invoicing - Enter text here.

Training

•  Affected parties - Enter text here.

•  DEQ staff - Enter text here