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DEQ's Rulemaking Process

Setting the guidelines for our regulatory actions

DEQ’s rulemaking process is structured to meet applicable legal requirements, to conduct transparent and inclusive rulemakings for the public and regulated communities, and to ensure that the process results in quality rules that are implementable. 

How can I participate?

There are three main ways to get involved in Oregon's rulemaking process.

  • Any person may attend a rules advisory committee meeting.
  • •Any person may submit comments during the public comment period.
  • •Any person may attend a public hearing.
To see DEQ’s active rulemakings, visit the Rulemaking at DEQ page or the State of Oregon Public Meetings Calendar.

What do rules do?

Rules are an extension of legislatively adopted statutes.

  • Agencies can only adopt rules that the legislature has given them authority to adopt.
  • Agencies adopt administrative rules to explain, expand on, or implement laws.
  • Once adopted, rules become law.

Rules tell affected parties:

  • What they may do
  • What they must do
  • What they may not do

Legal steps for rule adoption

Here are the legal requirements that an Oregon state agency must follow for every permanent rulemaking:
  1. Provide notice to the public that it’s conducting a rulemaking.
  2. Provide the public with the opportunity to comment on the rulemaking.
  3. DEQ is required to hold public hearings for all permanent rulemakings. When a rulemaking is on publicnotice, the public is told how they can submit their comments and how they can participate in the publichearing.
  4. After the public hearing, DEQ staff reviews comments received during the comment period and mayamend the proposed rules. The agency provides a public, online response to all comments received.
  5. The Oregon Environmental Quality Commission is a panel appointed by the governor to serve asDEQ’s policy and rulemaking board. Proposed rules only become effective if EQC votes to adopt them.If the EQC votes to adopt rules, DEQ will file the rules with the Oregon Secretary of State. Once therules are filed with SOS they are enforceable as law.

Sequence and timeline for rulemaking


Advisory committees

While not legally required, advisory committees are convened for almost all rulemakings at DEQ. Advisory committee members are selected by DEQ, with approval from the Director. They are selected to represent entities potentially affected by the rules including effected communities, regulated entities (including small businesses), environmental groups, and others. Membership size and representation varies depending on the rulemaking topic.

Advisory committees can help:
  • Obtain input from interested parties, affected industry, and communities
  • Address technical issues and improve implementation
  • Provide transparency
  • Obtain feedback about potential racial equity impacts
If convened, advisory committees are legally required to provide input on the fiscal impact of the proposed rules, review the DEQ Fiscal Impact Statement, and assess the rule's fiscal impact on small businesses.

For updates on current rulemaking actions

Contact

Emil Hnidey
Rulemaking Coordinator