HomeMy WebLinkAboutAdmin Order 52-18-02-FADMINISTRATIVE ORDER NO. 52-18-02-F
of the
City Manager of the City of Eugene
AMENDMENT OF ADMINISTRATIVE RULE R-3.696 TO ADD
REPORTABLE CHEMICALS PURSUANT TO SECTION 54 OF THE
EUGENE CHARTER, 2002.
The City Manager of the City of Eugene finds that:
A. Eugene Code, 1971 ("EC), Section 2.019 and EC 3.696, authorize the City Manager
to adopt administrative rules that add chemicals to, or remove chemicals from, the list of
substances required to be reported under Section 54 of the Eugene Charter of 2002 ("Amendment
IV") after obtaining advice from the Toxics Board. Pursuant to that authority, the City Manager
has established Hazardous Substances Reporting Requirements Administrative Rule R-3.696 by
Administrative Order No. 52-00-04-F, with amendments adopted by Administrative Order Nos.
52-13-01-F and 52-17-04-F.
B. The Toxics Board has recommended adding chemicals to the list of reportable
chemicals so that the City's list will be consistent Federal and State law.
C. I concur with the Toxics Board's recommendation and, therefore, on December 6,
2018, I issued Administrative Order No. 52-18-02 directing that Notice of the proposed
amendment be given.
D. Notice of the proposed amendment was given by making copies of the Notice
attached as Exhibit A to Administrative Order 52-18-02 available to the Mayor and City
Councilors, to any person who had requested such notice, and by publication of the Notice in the
Register Guard Newspaper on December 11, 12, 13, 14 and 15,2018. The Notice provided that
comments or objections to the proposed amendments must be submitted within 15 days of the first
date of publication of the Notice.
E. One comment was received in response to the Notice. A summary of the comment
and my response to the comment are set out below:
Comment Summary: The submitter indicated that he: happened to see the Notice
by chance and could have missed it because it was published for only five days; didn't
think many people would see it in time to submit comments; would need a lawyer to explain
what it meant; and referred to it as a "backdoor near secret notice" that was a good example
of a dictatorship.
Response: Notice was given in accordance with the requirements set forth in the
Eugene Code. In addition, persons interested in receiving notice of amendments to the list
of substances required to be reported under Section 54 of the Charter may request that they
be sent Notice of proposed amendments by contacting City of Eugene, Toxics Program,
Administrative Order -Page 1 of 2
1320 Willamette Street, Eugene, Oregon 97402, Phone: 541-682-7118. Finally,
information regarding the Toxics-Right-to-Know Program may be accessed by visiting the
City's webpage at https://www.eugene-or.govI1927/Program-Reports, or by contacting the
City's Toxics Program at the address or phone number noted above. No changes are being
made to the proposed amendments as a result of this comment.
Based on the above findings, and the authority of Sections 2.019 and 3.696 of the Eugene
Code, 1971, I order that, effective January 1,2019, Administrative Rule R-3.696 is amended by
adding the chemicals set out below to the list of substances required to be reported under Section
54 (Amendment IV) of the Eugene Charter of2002.
CAS Number
or EPCRA
Category
Code
N530
000116-14-3
CHEMICALS PROPOSED TO BE ADDED
EFFECTIVE JANUARY 1,2019
Reporting
Chemical Name Threshold
Nonylphenol (includes only 6 chemicals) 2.2 pounds
Tetrafluoroethylene 2.2 pounds
''?, sr
Dated this ./1 day of December, 2018.
Material
Accounting
Threshold
> 50 pounds
> 50 pounds
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W · Jon R. Rniz ~ (I () City Manager
Administrative Order -Page 2 of 2
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