Instructions for this form are in gold font

Delete all gold text before publishing document

Oregon Department of Environmental Quality

 (START OF COMMENT PERIOD)

 Notice of Proposed Rulemaking

Enter rulemaking name here

Short summary 

TEXT

DEQ 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)

TEXT

Regulated parties (who these rules apply to)

TEXT

(Include only for SIP filings)  

The proposed amendment of Oregon Administrative Rule 340-200-0040 to incorporate into the State of Oregon Clean Air Act Implementation Plan does/does not change the regulated parties.

Request for other options (THIS LANGUAGE REQUIRED BY STATUTE)

During the public comment period, DEQ requests public comment on whether to consider other options for achieving the rules’ substantive goals while reducing the rules’ negative economic impact on business.

Optional Additional Topic - This section is optional. If not used, it should be deleted. This section is to include information you think is important but that is not covered in another section of the notice.

Enter freeform title here

TEXT

Enter freeform title here

TEXT

Statement of need

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

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

Lead division

TEXT

Program or activity

TEXT

Chapter 340 action

The notice must list the authorizing statutes, and the statutes implemented. These statutes are listed at the end of each rule in this format:

The authorizing statute is the statute that gives EQC the authority to make a rule on a general topic. The statute being implemented is the specific statute that a rule is explaining or expanding on.

Statutory authority

ORS 468.020, 468.065, ###.###

Statute implemented

ORS ###.###

Legislation

Other authority

ORS###.###

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

These are reports, maps, studies, and similar documents that were used in completing this rulemaking. Do not list other statutes or rules here (OAR, ORS, CFR, USC, Federal Register) unless the rule writers relied on or referred to documents contained in those statutes or rules, such as reports, maps or studies.

Fee Analysis ORS 291.055(1)(d)

Include this language if these rules do not involve fees:

This rulemaking does not involve fees.

If fees are involved, copy and paste into this section the rulemaking template: FEE.ANALYSIS.docx.

Under ORS 291.055(1)(d), DAS must approve all fee increases except for:

•  The fees created or authorized by statute have no established rate or amount but are calculated for each separate instance for each fee payer and are based on actual cost of services provided.

•  New or increased fees that are anticipated in the legislative budgeting process for an agency, revenues from which are included, explicitly or implicitly, in the legislatively adopted budget for the agency.

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

Fiscal and Economic Impact

TEXT

Statement of Cost of Compliance  

State and federal 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

TEXT

Direct Impacts  

TEXT

Indirect Impacts

TEXT

How DEQ involved small businesses in developing this rule

Documents relied on for fiscal and economic impact

Advisory committee

The requirement to discuss an advisory committee in this section is separate from and in addition to discussing the advisory committee in the Stakeholder Involvement section. The question to be addressed here is whether an advisory committee reviewed the fiscal impact statement.

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 (e

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

The committee 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.

DEQ did not appoint an advisory committee. State why DEQ did not convene an advisory committee.

If DEQ did not appoint an advisory committee and DEQ found there would be a significant adverse fiscal impact on small businesses, include the following:

DEQ determined the rules would have a significant adverse impact on small businesses. DEQ considered how to reduce that impact 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 DEQ’s review of these questions.

Housing cost

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 the rules raise these costs.

Federal relationship ORS 183.332; 468A.327; OAR 340-011-0029

Relationship to federal requirements

ORS 183.332, 468A.327 and OAR 340-011-0029 require DEQ to attempt to adopt rules that correspond with existing equivalent federal laws and rules unless there are reasons not to do so.

The proposed rules would adopt federal requirements.

The proposed rules are not different from or in addition to federal requirements

The proposed rules add requirements additional to those in federal requirements.

Explain the public health, environmental, scientific, economic, technological, administrative (statutory categories) or other reasons DEQ is imposing requirements that differ from or are in addition to, related federal requirements.

Explain the public health, environmental, scientific, economic, technological, administrative (statutory categories) or other reasons DEQ is imposing requirements that are in addition to related federal requirements.

What alternatives did DEQ consider if any?

If the proposed rules differ from or impose additional requirements above the federal requirements, include this section; otherwise delete it:

Land use ORS 197.180; OAR 340-018-0070; 660-030-0005, 660-030-0075

There is a link to DEQ’s State Agency Coordination program on the Rule Resources section of the rulemaking SharePoint page and a copy of that document is stored in the Rulemaking Resources folder, under “land use.”

If DEQ determines a new or amended rule does affect land use DEQ must provide notice of the rule to the Department of Land Conservation and Development and anyone on the land use mailing list. DEQ accomplishes this by emailing a copy of this notice to DLCD contact person that includes:

(a) Evidence that the rule or program is a land use program; or

(b) Evidence that the rule or program affects land use and is covered under the Department's certified State Agency Coordination Program; or

(c) Evidence that the rule or program is a land use program including an explanation of how goal compliance and plan compatibility will be assured.

The State of Oregon has adopted statewide land use planning goals that are authorized under ORS 197.180 and listed in OAR 660-015-0000-0010. There are 19 such goals. The other aspect of statewide coordination in planning is that local entities must adopt comprehensive land use and development plans, called “acknowledged comprehensive plans.” State agencies must coordinate their efforts with the statewide goals and local comprehensive plans.

ORS 197.180 and OAR 340-018-0070 require DEQ to determine whether a new or amended rule affects land use as described in ORS 197.180. If so, DEQ must make certain determinations.

DEQ adopted a State Agency Coordination (SAC) plan that describes which of DEQ’s rules and programs affect land use or constitute a land-use program, and how DEQ will comply with state land-use goals and ensure compatibility with local comprehensive plans. Rules that affect land use are termed a “land use program” under the controlling statutes.

A rule or program affects land use if:

•  The statewide land use planning goals specifically refer to the rule or program, or

•  The rule or program is reasonably expected to have significant effects on:

◦  Resources, objectives or areas identified in the statewide planning goals, or

◦  Present or future land uses identified in acknowledged comprehensive plans

If a proposed new or amended rule does not specifically fall within the above requirements, it could still be considered to affect land use. If there is any question on this, consult DOJ.

If a proposed new or amended rule does affect land use, DEQ must explain how it will comply with state wide goals and ensure compatibility with local comprehensive plans. One way DEQ can meet this requirement is by showing the procedures in DEQ’s SAC adequately address the land-use aspect of the proposed rules. If the SAC does not address the proposed rules, DEQ must explain how it will otherwise meet this requirement.

Through the SAC and OAR 340-018-0030, DEQ determined its programs directly relate to the following the statewide goals:

•  Goal 5 – Open Spaces

•  Goal 6 – Air, Water and Land Resources Quality

•  Goal 11 – Public Facilities and Services

•  Goal 16 – Estuarine Resources

•  Goal 19 – Ocean Resources

DEQ also determined three statewide goals specifically reference DEQ programs:

•  Nonpoint source discharge water quality program – Goal 16

•  Water quality and sewage disposal systems – Goal 16

•  Water quality permits and oil spill regulations – Goal 19

DEQ adopted findings, through OAR 340-018-0030, that the following programs do have a significant effect on land use:

Land-use considerations

In adopting new or amended rules, ORS 197.180 and OAR 340-018-0070 require DEQ to determine whether the proposed rules significantly affect land use. If so, DEQ must explain how the proposed rules comply with state wide land-use planning goals and local acknowledged comprehensive plans.

Under OAR 660-030-0005 and OAR 340 Division 18, DEQ considers that rules affect land use if:

•  The statewide land use planning goals specifically refer to the rule or program, or

•  The rule or program is reasonably expected to have significant effects on:

◦  Resources, objectives or areas identified in the statewide planning goals, or

◦  Present or future land uses identified in acknowledged comprehensive plans

To determine whether the proposed rules involve programs or actions that affect land use, DEQ reviewed its Statewide Agency Coordination plan, which describes the DEQ programs that have been determined to significantly affect land use. DEQ considers that its programs specifically relate to the following statewide goals:

Goal  Title

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

 6  Air, Water and Land Resources Quality

 9    Ocean Resources

11  Public Facilities and Services

 16  Estuarial Resources  

Statewide goals also specifically reference the following DEQ programs:

•  Nonpoint source discharge water quality program – Goal 16

•  Water quality and sewage disposal systems – Goal 16

•  Water quality permits and oil spill regulations – Goal 19

Determination

DEQ determined that these proposed rules do not affect land use under OAR 340-018-0030 or DEQ’s State Agency Coordination Program.

DEQ determined that the following proposed rules (or all of the proposed rules) affect programs or activities that the DEQ State Agency Coordination Program considers a land-use program.

OAR 340-XXX-XXXX

OAR 340-XXX-XXXX

DEQ’s statewide goal compliance and local plan compatibility procedures adequately cover the proposed rules. TEXT

DEQ’s statewide goal compliance and local plan compatibility procedures do not cover the proposed rules.

DEQ will ensure these rules comply with statewide goals and are compatible with local plans by TEXT.

Stakeholder and public involvement

 Advisory committee

DEQ did not convene an advisory committee because TEXT.

Background

DEQ convened the COMMITTEE NAME advisory committee. The committee included representatives from (gmet times. The committee’s web page is located at: LINK TO COMMITTEE WEB PAGE.

The committee members were:

Meeting notifications

To notify people about the advisory committee’s activities, DEQ:

•  Sent GovDelivery bulletins, a free e-mail subscription service, to the following lists:

◦  On DATES DEQ sent a one-time notice to subscribers to describe how to sign up for advisory committee meeting notices, and

◦  People who signed up for the advisory committee bulletin.

•  Added advisory committee announcements to DEQ’s calendar of public meetings at DEQ Calendar.

•  On DATES DEQ provided notice of meetings and links to committee information through postings on Facebook and Twitter.

Committee discussions

In addition to the recommendations described under the Statement of Fiscal and Economic Impact section above, the committee

EQC prior involvement

DEQ shares general rulemaking information with EQC through the monthly Director’s Report.

DEQ did not present additional information specific to this proposed rule revision.

DEQ shared information about this rulemaking with the EQC

Choose one and delete the other options:

at a facilitated hearing on

through an informational item on the DATE EQC agenda

in the Director's Report on DATE.

Public notice and hearings

Public notice

DEQ provided notice of the proposed rulemaking and rulemaking hearing on DATE by:

•  Filing notice with the Oregon Secretary of State for publication in the Oregon Bulletin on DATE,

•  Notifying the EPA by email,

•  Posting the Notice, Invitation to Comment and Draft Rules on the web page for this rulemaking; located at: RULEMAKING WEB PAGE LINK,

•  Emailing NUMBER OF PARTIES interested parties on the following DEQ lists through GovDelivery:

◦  TOPIC

◦  TOPIC

◦  TOPIC

•  stakeholders on the

•  Emailing the following key legislators required under ORS 183.335:

◦  

◦  

◦  

•  Emailing advisory committee members,

•  Postings on Twitter and Facebook

•  Posting on the DEQ event calendar: DEQ Calendar

•  

•   Publishing notice in the following newspapers:

(choose the appropriate ones and delete the rest)

•  The Oregonian  PUBLICATION DATE

•   East Oregon (Pendleton)  PUBLICATION DATE

•   Register Guard (Eugene) PUBLICATION DATE

•   Mail Tribune (Medford)  PUBLICATION DATE

•   Klamath Herald & News (Klamath Falls)  PUBLICATION DATE

•   La Grande Observer (La Grande)  PUBLICATION DATE

•   Daily Journal of Commerce  PUBLICATION DATE

Public hearings

DEQ plans to hold NUMBER public hearing(s). The table(s) below provides the details.

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 written comments received at the hearings listed below before completing the draft rules. DEQ will summarize all comments and respond to comments in the Environmental Quality Commission staff report.

Close of public comment period

The comment period will close 4 p.m. on DATE/MONTH

Accessibility Information

You may review copies of all documents referenced in this announcement at:

Oregon Department of Environmental Quality

811 SW Sixth Avenue

Portland, OR, 97204

To schedule a review of all websites and documents referenced in this announcement, call RULE WRITER, LOCATION, PHONE NO. (800-452-4011, ext. 5622 toll-free in Oregon).

Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ, Portland, at 503-229-5696 or call toll-free in Oregon at 1-800-452-4011, ext. 5696; fax to 503-229-6762; or email to deqinfo@deq.state.or.us. Hearing impaired persons may call 711.

DELETE THIS PAGE BEFORE PUBLISHING

Subsection title Ariel 11

Level 1 text -- Times Roman 12 Level 2 text

A.  Level 2 text

a.  Level 3 text

b.  Level 3 text

c.  Last text

B.  Level 2 text

▪  Level 1 bullet 1

▫  Level 2 bullet

▫  Level 2 bullet

▫  Last bullet

▪  Level 1 bullet

WORD PROBLEM

The extra column on the right corrects a Word error that prevents vertical alignment in last column of a Word table.

Maggie 5/1/2012

¹ Footnote Times Roman 12

² Footnote Times Roman 12