OAR 340-011-0029: Rulemaking: Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements

(1) In order to clearly identify the relationship between the proposed adoption, amendment or repeal of rules and applicable federal requirements, and to facilitate consideration and rulemaking by the Environmental Quality Commission, DEQ, must: (a) Prepare a statement of whether the intended action imposes requirements different from, or in addition to, any applicable federal requirements and, if so, a written explanation of: (A) The public health, environmental, scientific, economic, technological, administrative or other reasons, as appropriate, for differing from or adding to applicable federal requirements; and (B) Alternatives considered, if any, and the reasons that the alternatives were not pursued. (b) Include the statement in the notice of intended action pursuant to ORS 183.335(1) and any additional notice given prior to a rulemaking hearing pursuant to OAR 340-011-0010(2). (c) Include the statement in the final staff report presented to the Commission when rule adoption, amendment or repeal is recommended. (2) The statement prepared under section (1)(a) of this rule must be based upon information available to DEQ at the time the statement is prepared. (3) An opportunity for an oral hearing before the Commission regarding the statement prepared under section (1)(a) of this rule must be granted, and notice given in accordance with OAR 340-011-0010(2)(b)(B), if: (a) The rulemaking proposal applies to a source subject to the Oregon Title V Operating Permit Fees under OAR 340 division 220; (b) The request for a hearing is received within 14 days after the notice of intended action is issued under ORS 183.335(1), from 10 persons or from an association having no fewer than 10 members; (c) The request describes how the persons or association that made the request will be directly harmed by the rulemaking proposal; and (d) The notice of intended action under ORS 183.335(1) does not indicate that an oral hearing will be held before the Commission. (4) Nothing in this rule applies to temporary rules adopted pursuant to OAR 340-011-0042. (5) The Commission delegates to DEQ the authority to prepare and issue any statement required under ORS 468A.327.