Make Your Voice Heard and Your Comments Count
The Department of Environmental Quality and its divisions and boards are committed to using the public notice and comment process to improve the decisions they make. This guidance for making effective public comments is part of that commitment. The suggestions made in this document are not requirements, though, and DEQ continues to welcome all comments.
When drafting a rule or permit, DEQ scientists do their best to base it on science and the law. They reach out to experts, but they also count on the public and others to identify information gaps and offer solutions to reach a better outcome: protective, reasonable regulations and permits without unintended consequences.
Different kinds of agency decisions call for different approaches for making effective comments. The most effective comments have one of two primary elements in common:
- They request actions the agency has legal authority to make, or
- They provide new information the agency has not yet considered
If you are commenting on a proposed permit, for example, it is important to understand that the agency is required to issue a permit if the applicant meets the requirements of State statutes and rules. Comments that identify a problem with the application are more effective than comments that request that the agency not issue the permit because the commenter does not want a source of pollution in the neighborhood.
Keys to Effective Public Comments
Point out unintended consequences
Public comments have proven to make a difference during rulemaking. For example, Division of Air Quality (DAQ) staff recommended exemptions to a proposed solvent rule based on public comments that pointed out how lowering the Volatile Organic Compounds (VOC) content requirements in solvents without including exclusions for high vapor-pressure solvents would be counter to the proposed rule’s purpose of using environmentally friendly solvents.
Show up with technical expertise
Commenters are able often able to provide expert information that helps the agency refine rules.
Point to a solution, rather than just the problem
While it’s helpful to explain why a rule or permit doesn’t work, it’s even better to suggest alternatives and substitute language for the requested change.
Common Comment Mistakes
Use comments as votes
The public comment process is not a vote – one well-supported comment is often more informative than a hundred emails or form letters that raise the same point. DEQ doesn’t respond to these formulaic comments but will note it received the same comment multiple times.
Make comments that are NOT specific to the rulemaking proposal
Read and understand the proposal you are commenting on. For example, if the proposed regulation regards reductions of VOCs in wood furniture coatings, but the comment is about banning wood smoke, that comment isn’t relevant to the issue at hand and staff won’t respond to it.
Provide comments beyond the authority of the agency
You may have a great suggestion for improving Utah’s air or water, but it may require Legislative or Governor approval. Understanding the extent and limits of DEQ’s regulatory authority can ensure your comments are given due consideration.
Ask questions on a proposed rule rather than offering comments
Questions are welcomed, but they aren’t considered comments. If you have a question, give the contact person a call. DEQ includes contact information for the staff scientist overseeing the rule, permit, and public comment in its public notices. Often getting clarification on a question will help you formulate a better comment.
Update
Starting May 8, 2012 public comment will be a prerequisite to challenging permitting decisions.
Under Section 19-1-301.5, effective May 8, 2012, a person who wishes to challenge a Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment period and was supported with sufficient information or documentation to enable the director to fully consider the substance and significance of the issue.
Resources
Please visit the following links for more information to help make effective comments to the Department of Environmental Quality.
- Guide to Making Effective Comments About Proposed Permits and Licenses
Important information about commenting on proposed permits and licenses. - Guide to Making Effective Comments About a Proposed Rule
Important information about commenting on proposed rules. - Guide to Making Effective Comments About Settlement of a Violation
Important information about commenting on proposed notices of violation. - Information About Utah Environmental Law and Standards
Understanding the standards that guide an agency’s decision is often key to preparing effective comments. Here you’ll find basic information about Utah environmental law and standards.
Frequently Asked Questions
Following are some common questions and answers about the public notice and comment process.
How can I find out when a comment period opens?
- Call DEQ at (800) 458-0145.
Where can I find out more about a proposal?
- Look to see if there is a DEQ Webpage about the proposal.
- Call the DEQ Division involved and make arrangements to review the agency’s file.
- Contact DEQ at (800) 458-0145 if you need additional information.
How do I give comments?
- Comments may always be submitted in writing. Written comments should be submitted as directed in the public notice and, to be certain that they will be considered, should be submitted on or before the comment deadline.
- In some cases, the Department will also hold a hearing to give the public an opportunity to make oral comments. Written comments may also be submitted at that time. To find out whether a public hearing is scheduled, visit the Utah Public Meeting Notice site.
- Oral comments provided at a hearing, and written comments submitted during a comment period, are considered equally.
What happens at a public hearing?
- You may be asked to sign an attendance roster upon arriving. The roster is used to track attendance and for contact information if additional information is needed to clarify your comments. The roster is a public document. Please do not provide information that you wish to keep private.
- You may also be asked to fill out a slip of paper with your name and affiliation (resident, government official, etc.) if you plan to make an oral public comment. These papers will be used by the person conducting the hearing to invite speakers to give their comments.
- The person conducting the hearing will usually introduce the staff in attendance, and may offer a presentation or overview explaining the matter the agency is considering.
- Before the public comment portion of the hearing begins, there may be an informal question and answer session. This portion of the meeting is often not recorded, and is generally not part of the public record.
- When it is time for the public to give oral comments, the person conducting the hearing will ordinarily read a statement into the record indicating the purpose of the hearing and other information related to the public process, such as the closing date and address where written comments can be submitted.
- Public hearings are usually recorded to allow the agency to keep an accurate record of the comments made.
How long will I be allowed to speak at a public hearing?
- Generally, members of the public are given a certain amount of time to speak. Comment time is determined by the number of people wishing to speak. If the number large or very small, the person conducting the hearing may adjust comment time to accommodate everyone who wishes to speak.
- In some cases other arrangements, such as additional hearings, meetings, or extended comment periods, may be made to accommodate the number of people wishing to comment.
How long will the hearing last?
- The hearing will ordinarily remain open until all who wish to speak have had an opportunity to present their comments, or until other accommodations are made.
- In most cases hearings are publicly advertised as lasting for a specific period of time. These hearings will remain open for that entire period, and commenters may arrive at any time during that period, although any question and answer period will be at the beginning of the hearing.
What will the agency do with my comments?
- All comments received at the hearing and during the comment period will be considered by the Department as it makes its final decision.
- The Department may prepare a public document responding to the comments made, and indicating changes made in the proposal. Comments may be summarized and grouped together in this document. This document may be called a Responsiveness Summary, or just “Response to Comments.”
- If a response summary is prepared, it will be filed with other materials about the proposal and will be available for public review. In some cases it may be posted on DEQ’s Website.
- The summary can take anywhere from several days to several months to complete, depending on the number and complexity of the comments received.
What if I want to give the agency information or comments outside of the comment period?
Public comment is welcome anytime. Commenters should be aware that, due to limited resources, DEQ will not ordinarily respond to comments submitted outside of the public comment period. That doesn’t mean the comments won’t be considered. DEQ wants to make the best possible decisions, and good comments will help us do that even if they are not submitted during the public comment period.
Is there a difference between a public hearing and a public meeting?
Both terms have more than one meaning:
- Either can mean a meeting the agency holds to receive comments from the public.
- A public hearing can also mean a trial-type hearing used when a decision about a permit or license is legally challenged or when somebody is alleged to have violated a statute, rule, or permit. Public comment is not ordinarily taken at these kinds of hearings.
- A public meeting can also mean a meeting that is open to the public, such as a meeting of one of DEQ’s boards. Public comment may or may not be taken at these meetings.
If you have additional questions about public notice and comment for a specific proposal, please contact DEQ at (800) 458-0145.