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Asbestos Fee Correction 2022

Proposed rule

Rulemaking contact: Tim Wollerman, 503-875-4965

DEQ proposes rules to revise the 2022 Asbestos Fee Increase rules contained in OAR Chapter 340, Division 248 to incorporate the intended fee increases for certification of asbestos workers and supervisors, and for licensing of asbestos abatement contractors.

These fees were brought to the fiscal advisory committee on Jan. 18, 2022 and approved by the Environmental Quality Commission on May 19, 2022. The original public notice and staff report contained tables with the correct fee increases for all asbestos fee categories, however the draft rules and redline draft rules approved by the EQC omitted the fee increase in the asbestos certification and licensing fee categories.

The EQC issued a temporary rule to implement the correct asbestos fees that were omitted in the first rulemaking. DEQ now proposes rules to make the corrected fee increase changes permanent.

Advisory committee

DEQ convened an advisory committee to review the fiscal impacts related to the proposed rules. In convening this committee, DEQ has appointed members that reflect the range of entities that are both directly and indirectly affected by proposed changes to the rules. Advisory committee information can be found on the Asbestos Fees 2022 rulemaking page.

Public involvement

The comment period for this rulemaking closed at 4 p.m. on Sept. 22, 2022.

For more information, see the Notice of Proposed Rulemaking, which includes the notice, and proposed rules.
 
DEQ held one public hearing on Sept. 15, 2022.

EQC action 

Delegation

At the 421st Oregon Environmental Quality Commission meeting on July 21, 2022, the Environmental Quality Commission authorized delegation to Director Whitman for the 2022 Asbestos Fee Corrections rulemaking.

The proposed rules only become effective if Director Whitman adopts them. DEQ's intended action is to present the proposed rule changes to the Director as soon as possible after the earliest date on which the rule changes could take effect. DEQ intends to submit the proposed rule changes to the Director on or after Oct. 20, 2022.