The Arizona Revised Statutes 49-112 and 40-471 et seq. authorizes the county to adopt regulations and establishes a rulemaking process by which the county must follow. In addition, a variety of state laws give citizens the right to comment on regulations before the county can put them into effect. Pima County Department of Environmental Quality is responsible for creating and amending existing rules within Pima County Code Title 7 Environmental Quality and Title 17 Air Quality.
• How do I get involved?
• How do I know what is going on?
• How do I submit comments to PDEQ?
• Does PDEQ have to respond to comments?
Overview of Standard Rulemaking Process
Informal Stakeholder Meetings
When the department begins working on a rule, the department may meet informally with interested stakeholders to discuss the proposed rule. The goal of the informal meetings is to develop a good working relationship with the public and establish lines of communication. At the meeting, the proposed rule purpose is introduced and interested stakeholders are given the opportunity to ask various questions and offer comments. As the rule development progresses, the stakeholders will be updated regarding the rule's current status. These initial meetings are very important and informative for all parties involved.
Notice of Proposed Rulemaking
Once the rule is developed, the department must file a notice
of proposed rulemaking with the secretary of state for publication
in the Arizona Administrative Register. The department
must also publish notice of this rulemaking in a local newspaper. In
addition to the rule text, the preamble of the notice includes
information regarding the department's rulemaking contact, a
description of the rulemaking process, reasons for initiating
the rule, the expected economic effects, and proposed effective
date of the rule. The date of any scheduled oral preceding,
such as the board of supervisors hearing, may also be included. Once
the notice of proposed rulemaking is published, the public comment
period begins and must continue for a minimum of thirty days. During
this time, the public may submit comments to the department regarding
the proposed rule.
Formal Stakeholder Meetings
During the comment period after the notice of proposed rulemaking is published, the department may schedule formal stakeholder meetings to discuss the rule and accept formal comments.
Board of Supervisors Hearing
At the hearing, the department submits a rule package to the board of supervisors for approval. The rulemaking package includes the proposed rule, public comments, the department's response to comments, and reasons for any changes to the proposed rule. The board of supervisors hearing is open to the public. During the hearing, the department presents the rule package and the board allows for public questions, oral presentations of arguments, data and views on the proposed rule. If the proposed rule is not determined to be substantially different from the notice of proposed rulemaking published in the Arizona Administrative Register, the board shall adopt the rule. The rule will become effective on this date, unless the board specifies a later date.
Notice of Final Rulemaking
After the board of supervisors approves the rule, within
thirty days the department will submit the final rule to the
secretary of state to publish in the Arizona Administrative Register. This
notice will include the preamble and final rule text.
How do I get involved?
The Pima County Department of Environmental Quality (PDEQ)
is committed to keeping citizens informed on the regulations
and policies under development. You can get involved by first
being aware of regulations and policies under development,
attending stakeholder meetings on proposed rules, and commenting
on rules when they are formally published for review. You
can be included as a stakeholder by contacting our department. As
a stakeholder, the department will notify you about specific
rules you have an interest in and keep you updated on any associated
rulemaking.
To be effective, you need to be involved as early in the rulemaking process as possible.
Join PDEQ Rules & Regulations mailing list.
How do I know what is going on?
In order to exercise your right to comment, you must first know what rules are being developed, when the stakeholders are meeting, when the proposed rule comment period begins, and many other details of the rulemaking process.
To keep updated on this type of information, there are several
ways to learn what is going on with regulatory development. You
may check your local newspaper legal notices for announcements
with regards to PDEQ's proposed rules and permits. In
many cases, these notices will indicate the comment period
and location of any public meetings, as well as list the department's
specific contact for additional information. You may
also call PDEQ directly and ask to be included as a stakeholder
for any and all rulemakings. Check PDEQ's web site each
day for new information.
Our Rules & Regulations Public Notices web page
lists the department's current rulemaking activities.
How do I submit comments to PDEQ?
Each notice of a proposed rule, policy or permit application
available for public review will have instructions on where
to send your public comments. The notice will state when
the comment period ends and a deadline for all submittals. PDEQ
is required by law to accept any comments on proposed rules
in writing or through public hearings. You may send your
written comments through U.S. mail, fax transmittal, or e-mail. PDEQ
schedules public hearings based on interest to collect oral
comments, so check the public notices for dates, times, and
locations.
Other questions about how to submit comments to PDEQ can be
directed to Stacey Smith, Regulatory Planner at (520) 243-7322.
Does PDEQ have to respond to comments?
Yes. PDEQ is required by law to respond to all comments submitted during the formal comment period.
PDEQ responds to comments by preparing a formal, written report. The
report lists each person or organization submitting comments
and individually responds to each of the comments. In
the case of a proposed rule, the report is submitted to the
Board of Supervisors for review before taking final action
to adopt a new rule or amendment to an existing rule. The
report will be posted on the web site and the public will be
provided information regarding how to obtain a copy of the
report.
