Oregon Department of Environmental Quality

 Notice of Proposed Rulemaking

Increase Title V Permit Fees by the Consumer Price Index

Short summary 

DEQ proposes the Oregon Environmental Quality Commission approve the rules to increase Title V operating permit fees by the change in the consumer price index as authorized by federal and state law. The proposed fee increases are necessary for DEQ to provide essential services associated with Oregon’s Title V operating permit program.

The proposed rules would increase fees in two phases. This approach would save administrative costs by holding a single public notice and comment period for two rulemakings.

Phase one:   The proposed fee increase effective for invoice year 2014 is 1.7 percent based on

the Bureau of Labor Statistics September 2013 consumer price index for the period

September 2012 to August 2013. DEQ would apply this CPI to permit fees on the

invoices DEQ will issue in August 2014 for emission fees and the operating period

Nov. 15, 2014 to Nov. 14, 2015. DEQ will present this proposal to the

Environmental Quality Commission in August 2014.

Phase two: The proposed fee increase for invoice year 2015 is an additional 1.7 percent. It is an

estimate identical to the 2014 increase. DEQ will recalculate the percentage after

the Bureau of Labor Statistics publishes the September 2014 consumer price index

for the period September 2013 to August 2014. DEQ would apply the 2014 CPI to

permit fees on the invoices DEQ will issue in August 2015 for emission fee and the

operating period Nov. 15, 2015 to Nov. 14, 2016. DEQ will present this proposal to

the commission in December 2014.Brief history

Title V of the federal Clean Air Act requires each state to develop and implement a comprehensive operating permit program for major industrial sources of air pollution.

Oregon’s Title V program:

Administers federal health standards, air toxic requirements and other regulations to protect air quality.

Issues, renews or modifies Title V permits to prevent or reduce air pollution through permit requirements.

Completes required Title V inspections.

Ensures that existing sources of air pollution comply with state and federal air emissions standards.

Ensures that new sources of air pollution install controls such as filtration equipment, combustion controls and vapor controls needed to protect air quality.

Issues public notices and information about the Title V program; and

Provides other essential services such as emission inventories, technical assistance, inspections, enforcement, rule and policy development, data management and reporting to EPA.

Regulated parties

The proposed rules would affect facilities that currently have a Title V permit and any facility that applies for this type of permit in the future.

Request for other options

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.

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Statement of need

What need would the proposed rule address?

EPA delegates authority to DEQ to operate the Title V program in Oregon and regularly reviews Oregon’s program for compliance with federal requirements. DEQ must comply with federal requirements to maintain a federally approved and delegated program.

The federal Clean Air Act requires each state to fully pay for it’s Title V program through permit fees. The Oregon Legislature established Oregon’s Title V fees in three categories:

 An annual base fee assessed to all Title V sources regardless of emission quantities

 Emission fees assessed per ton of emissions from individual sources per calendar

year

 Specific activity fees assessed when a source owner or operator modifies a permit

Oregon’s Title V operating permit program requires additional funding to provide essential

program services. Costs have increased over the last two years due to inflation. The

Environmental Quality Commission last increased Title V fees in 2012 calculated to provide

requisite program services up to August 2014. DEQ calculates the proposed fees would

allow Oregon to provide requisite program services up to August 2016. Failure to increase

Title V fees could affect DEQ’s ability to maintain adequate program staff and jeopardize

effective program administration.

How would the proposed rule address the need?

The proposed rules would increase Title V permit fees by the change in the consumer price index, to pay for increased program costs.

How will DEQ know the rule addressed the need?

The rules will have addressed the need if the increased fees help the Title V program balance it’s budget and avoid a disruption in requisite services.

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How will DEQ know the rule addressed the need?

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Lead division

Operations Division

Program or activity

Title V Operating Permit Program

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 468A.025, 468A.040, 468A.050, 468A.310, and 468A.315

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)

Fee Analysis

The proposed rules would increase existing Title V fees. EQC authority to act on the proposed

fees is in ORS 468A.050.

Oregon’s Title V program administers federal health standards, air toxic requirements and

other regulations to reduce the number of unhealthy air days and health risks from air toxics.

The program issues, renews or modifies permits to prevent or reduce air pollution through

permit requirements. In addition, it ensures existing pollution sources comply with state and

federal air emissions standards and new sources of air pollution install controls such as

filtration equipment, combustion controls and vapor controls needed to protect air quality.

Other essential services include emission inventories, technical assistance, inspections,

enforcement, rule and policy development, data management and reporting to EPA.

Brief description of proposed fees

The Oregon Legislature established Oregon’s Title V fees in three categories. The proposed

rules would increase the annual base fees, emission fees and specific activity fees,

described under the Statement of need section above based the consumer price index

described under the Summary section on page 1.

Reasons

The proposed fees would address increased program costs

Fee proposal alternatives considered

Federal law requires DEQ to perform requisite program services to retain delegation of the Title

V program. Federal law also requires DEQ to fund the permit program entirely by permit fees.

DEQ could decline to administer the program, shifting the program from DEQ to EPA; however,

DEQ has chosen not to pursue this alternative to maintain regulatory consistency for the

regulated public and citizens of Oregon.

Fee payer

Title V permit holders include many of the largest industrial facilities in the state and are the

largest point sources of air pollution in the state. These facilities are mainly large employers and

produce items for local and regional consumption. Title V permit holders are an important part of

the Oregon economy.

Affected party involvement in fee-setting process

DEQ negotiated with Title V stakeholders when the fees were increased in the 2007 legislative

session and again during the 2009 session when the statutory language related to annual

Consumer Price Index increases was clarified.

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.

Summary of impacts

The proposed fee increase would affect the 115 facilities that currently have a Title V permit and

any facility that applies for this type of permit in the future.

Fee payer agreement with fee proposal

DEQ has increased Title V fees regularly since the Title V program began in the early

nineties. Fee payers generally do not oppose this annual fee increase equal to the rate of

inflation.

Links to supporting documents for proposed fees

Document title Document source

2013-2015 Legislatively approved budget http://sos.oregon.gov/Documents/sos-budget-

2013-2015.pdf

Clean Air Act, including Clean Air Act

Amendments of 1990

http://www.epw.senate.gov/envlaws/cleanair.pdf

U.S. Department of Labor, Bureau of Labor

Statistics, Consumer Price Index

http://www.bls.gov/data/

How long will the current fee sustain the program?

The current fees will not sustain the program.

Biennial Program costs covered by fees approx. $7,800,000 100%

Program costs covered by General Fund $0 0%

Fee last changed 12/11/2012

How long will the proposed fee sustain the program?

The proposed fee increase will sustain the program up to August 2016.

Transactions and revenue

DEQ estimated revenue forecasts and expenditures based on the assumption that DEQ identified

all facilities subject to the Title V program and that the number of Title V permits and facility

emissions will remain approximately the same as invoiced in 2013. The revenue forecasts and

expenditures are also based on the assumption that the 2014 change in the consumer price index

will be the same as the 2013 change in the index.

Transactions includes the number of invoices DEQ issues for the annual permit fees in

August of each year and the number of invoices DEQ issues for specific activity fees. DEQ

issues specific activity fees throughout the year depending on the number of new permit

applications and changes to existing permits. These fees are a small portion of program

revenue.

Number of

transactions

Number of Fee

Payers

Impact on

revenue (+/-) Total revenue (+/-)

Current biennium

2013-2015 250 115 + $132,000 $7,800,000

Next biennium

2015-2017 250 115 + $268,000 $8,068,000

Fee schedule

The following table shows the amounts of the proposed fees.

Proposed Fees

Fee category 2013 Fee Proposed 2014

Fees

Proposed 2015

Fees1

Annual Title V Fees

Emission Fee $57.90 $58.88 $59.88

Annual Base Fee $7,657 $7,787 $7,919

Specific Activity Fees

Administrative

Amendment $455 $474 $482

Simple Modification $1,820 $1,899 $1,931

Moderate Modification $13,657 $14,245 $14,487

Complex Modification $27,314 $28,491 $28,974

Air Monitoring Review $3,641 $3,798 $3,863

1 Fees based on an estimate of the 2014 consumer price index.

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

The increase in Title V permit fees would affect approximately 115 permit holders directly and increase

annual program revenue by approximately 1.7 percent in the 2014 invoice year and an additional 1.7

percent in the 2015 invoice year.

The direct impact of the fee increase on permit holders is based on an assumption that emissions will

remain the same in future years and that the 2014 change in the consumer price index will be the same as

the 2013 change in the index.

Title V permit holders are subject to Oregon’s greenhouse gas reporting program and most of the permit

holders are subject to the greenhouse gas reporting fees. The greenhouse gas reporting fee is equal to 15

percent of their Title V annual base and emission fees, up to a maximum greenhouse gas reporting fee of

$4,500. Because the greenhouse gas reporting fee calculation is a percentage of the Title V fees, the

proposed increase in Title V permit fees would result in a 1.7 percent increase in the greenhouse gas

reporting fees for these permit holders in the invoices DEQ will issue in 2014, and an additional 1.7 percent increase in the invoices DEQ will issue in 2015. The cap of $4,500 remains unchanged.

Statement of Cost of Compliance  

State and federal agencies  

Direct Impacts  

Oregon Health Sciences University is the only state agency that holds a

Title V permit and paid Title V permit fees of $14,083.90 in 2013. The proposed rules would

increase their permit fees by about $240 for 2014 and an additional estimated $250 for 2015.

OHSU is also subject to greenhouse gas reporting fees equal to 15 percent of its annual

emission fee and base fee. OHSU paid $2,112.59 in greenhouse gas reporting fees in 2013.

As a result of the proposed rules, OHSU’s greenhouse gas reporting fees would increase by

about $36 in 2014 and increase by an additional estimated $37 in 2015. No federal agencies

hold Title V permits.

Indirect Impacts

Changes to fees could affect state and federal agencies indirectly if

businesses holding Title V permits change the price of goods and services to offset any

increased costs from paying a permit fee.

Local governments

Direct Impacts  

Oregon requires county and city local governments to obtain a Title V major

source permit for municipal waste landfills. Fees would increase for two landfills operated by

local governments: Metropolitan Service District, St. Johns Landfill paid Title V annual permit fees of

$7,946.50 in 2013. The proposed rules would increase their 2014 fees by about $135 and

an additional estimated $137 increase for 2015. St. John’s Landfill is subject to

greenhouse gas reporting fees equal to 15 percent of their annual emission fee and base

fee. This fee would increase by about $20 in 2014 and increase an additional estimated

$21 in 2015.

 Deschutes County Solid Waste Department, Knott Landfill paid Title V annual permit

fees of $9,973 in 2013. The proposed rules would increase their 2014 fees by about $170

and an additional estimated $172 for 2015. Knott Landfill is subject to greenhouse gas

reporting fees equal to 15 percent of their annual emission fee and base fee. This fee

would increase by about $25 in 2014 and increase an additional estimates $26 in 2015.

Indirect Impacts

Changes to fees could affect state and federal agencies indirectly if

businesses holding Title V permits change the price of goods and services to offset any

increased costs from paying a permit fee.

Public

TEXT

Direct Impacts  

TEXT

Indirect Impacts

The proposed rules would not affect the public directly. Air pollution creates public health

problems that can have negative economic impacts. The proposed fee increases could create

positive economic benefits and improvements in public health and welfare resulting from an

adequately funded Title V program. Fee increases that provide sufficient resources for

compliance and technical assistance may help avoid public health costs associated with lower

compliance and increased air pollution.

Changes to fees could also affect the public indirectly if businesses holding Title V permits

increase the price of goods and services to offset the increased costs of paying a permit fee. DEQ

expects any such price increases to be small and lacks available information upon which it could

accurately estimate actual potential increases.

Large businesses - businesses with more than 50 employees

TEXT

Direct Impacts

Approximately 100 large businesses hold Title V permits and a fee increase

would affect these permit holders directly. The type of permit required for a facility determines

the permit fees regardless of the number of employees.

The proposed annual base fees and emission fees are in the following table. The annual base fee

is small in comparison to the emission fees paid by most sources. The rulemaking would also

increase specific activity fees and contribute a small portion of Title V program revenue. Proposed Title V Emission Fees and Annual Base Fees

Fee

category

2013 Fee

invoiced in

fall 2013

Proposed 2014

Fees

(to be invoiced

in fall 2014)

Increase

over 2013

Fees

Proposed

2015 Fees1

(to be

invoiced in fall

2015)

Increase

over 2014

Fees

Emission

Fee $57.90 $58.88 $0.98 $59.88 $1.00

Annual

Base Fee $7,657 $7,787 $130 $7,919 $132

1 Fees based on an estimate of the 2014 consumer price index.

The requirement for a Title V permit is based on quantity of emissions from a facility. In general,

lower emitting sources with less complex permits would experience a smaller annual dollar

impact from the proposed fee increases. The table below shows the effect of the proposed fees on

invoices issued to sources emitting 50, 250, 500 or 5,000 tons per year.

Result of Proposed Fees by Quantity of Emissions

Fee

category

2013 Fee

invoiced in

fall 2013

Proposed 2014

Fees

(to be invoiced

in fall 2014)

Increase over

2013 Fees

Proposed 2015

Fees1

(to be invoiced

in fall 2015)

Increase

over 2014

Fees

50 tons/yr $10,552 $10,731 $179 $10,913 $182

250 tons/yr $22,132 $22,502 $370 $22,889 $387

500 tons/yr $36,607 $37,227 $620 $37,859 $632

5,000

tons/yr $297,157.00 $302,187 $5,030 $307,319 $5,132

1 Fees based on an estimate of the 2014 consumer price index.

Approximately 80 large businesses holding Title V permits are subject to greenhouse gas

reporting fees equal to 15 percent of their annual emission fee and base fee. Because the

greenhouse gas reporting fee is calculated as a percentage of the Title V fees, the proposed increase

in Title V permit fees would result in a 1.7 percent increase in the greenhouse gas reporting fees for

these permit holders in the 2014 invoice year, and an additional 1.7 percent increase in the 2015

invoice year.

Indirect Impacts

Changes to fees could affect businesses indirectly if other businesses holding

Title V permits change the price of goods and services to offset any increased of paying a permit

fee.

Small businesses – businesses with 50 or fewer employees

TEXT

Direct Impacts  

Most Title V permit holders are large businesses, but the requirement to hold a

permit is based on potential emission levels rather than business size. Approximately 15 small businesses are required to hold Title V permits because their potential emissions exceed Title V

applicability thresholds. None of the small businesses holding Title V permits emit more than

250 tons per year in a typical year. Businesses emitting 250 tons per year would experience a fee

increase of $370 in 2014 over existing fees and an additional fee increase of $387 in 2015 over

2014 fees. None of the small businesses are subject to greenhouse gas reporting fees.

Indirect Impacts

Changes to fees could affect small businesses if other businesses holding Title

V permits change the price of goods and services to offset any increased costs from paying a

permit fee.

How DEQ involved small businesses in developing this rule

Documents relied on for fiscal and economic impact

U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index

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:

To comply with ORS 183.534, DEQ determined the proposed rules may 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. It is possible that a permit holder could change the price of

goods and services to pass on any fee changes to consumers, though any estimate of the possible

impact would be speculative using information available at this time.

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.

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.

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 January 14, 2016,

•  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 6,784 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 February 22, 2016

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

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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