From: CURTIS Andrea

Sent: Mon Jun 24 11:31:19 2013

To: GARRAHAN Paul

Subject: EQC approval of LRAPA rules - 2010 Industrial Streamlining Corrections

Importance: Normal

Attachments: Industrial Streamlining Corrections Rules_2010.zip;

Paul,

Attached are records from LRAPA’s 2010 Industrial Streamlining Corrections Rule. We want to assess whether LRAPA’s public notice was satisfactory and whether there’s any need for DEQ to duplicate the public notice before proposing the rules to EQC for adoption.

Attachments include:

· Fiscal Impact Statement (I’ll get a signed copy from LRAPA, but for this exercise, the attached unsigned copy seems fine)

· DEQ’s Notice submitted to SOS

· December 2009 SOS Bulletin

· An affidavit of a newspaper ad published Dec 11, 2009 (there are two other newspaper ads not included that were published 12/26/09 and 12/24/09)

· Notice to interested parties

· LRAPA Board Minutes for January 12, 2010 (with public hearing and rule adoption)

· Hearing Officer Report

We don’t have a letter from DEQ saying the proposed rules are as stringent as DEQ’s. Considering the proposal is a correction to the 2008 rules instead of new requirements, is it ok that we don’t have a letter?

Records for the other LRAPA rulemakings will come in a separate email.

Thanks,

Andrea Curtis

Oregon Department of Environmental Quality

Air Quality Division

503-229-5946

curtis.andrea@deq.state.or.us

From: GINSBURG Andy

Sent: Thursday, June 13, 2013 12:26 PM

To: OLIPHANT Margaret; CURTIS Andrea

Subject: FW: EQC approval of LRAPA rules

Can you get this info to Paul?

Thanks.

Andy Ginsburg

Air Quality Administrator

Oregon Department of Environmental Quality

(503) 229-5397 - Office

(503) 572-7195 - Mobile

From: Garrahan Paul [mailto:Paul.Garrahan@doj.state.or.us]

Sent: Thursday, June 13, 2013 9:59 AM

To: GINSBURG Andy

Subject: EQC approval of LRAPA rules

Andy: To ensure that I provide thorough advice, could you ask your staff to send me all of the relevant LRAPA rulemaking documents used to approve the four rules that the EQC must now approve and submit to EPA for incorporation into the SIP? It would be helpful to have the rulemaking and hearing notices, including the FIS and other related documents.

It would also be helpful, for my comparison, to get the same set of documents for last year’s approval of the Oakridge PM 2.5 plan approval, including both LRAPA’s rulemaking documents and those DEQ used to approve that plan.

I want to include an assessment of whether differences in the processes, if any, might present any legal risks. And also try to figure out how to align the process for the four rulemakings that the EQC needs to approve with the process that worked fairly well for the Oakridge approval.

Thanks.

Paul Garrahan

Assistant Attorney-in-Charge, Natural Resources Section

Oregon Department of Justice

971-673-1943 (Portland Office; T, Th & F)

503-947-4593 (Salem Office; M & W)

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