FW: LRAPA rules--EQC consideration

DETP/19/13559

''Wednesday, July 17, 2019 at 11:47:24 AM (GMT+07:00) Goldstein, Meyer:'' Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for open burning into State Implementation Plan Adm. Order No.: DEQ 4-2014 Filed with Sec. of State: 3-31-2014 Certified to be Effective: 3-31-14 Notice Publication Date: 1-1-2014 Rules Amended: 340-200-0040 Subject: The Environmental Quality Commission amended rules to incorporate Lane Regional Air Protection Agency revised regulations for open burning into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted open burning rules revisions in an effort to meet federal air quality standards for fine particulate matter, to bring LRAPA in line with state rules and better coordinate with state and federal requirements. LRAPA revised its rules to: - Clarify when and where small recreational fires such as patio fireplace could occur and identify acceptable fuels for these fires, - Include Hazeldell and Siuslaw Rural Fire Protection Districts in the special open-burning control area at the districts’ request, - Allow daily end time on burn days to be set earlier than sunset, - Restrict the open burning season in the outlying areas of Lane County, and - Correct the meaning of the LRAPA acronym to Lane Regional Air Protection Agency. Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. Funding sources for LRAPA include dues from Lane County and cities in Lane County and fees from industrial and other permitted sources. Additionally, LRAPA coordinates with DEQ to obtain EPA funding and state general funds. On March 14, 2008, the LRAPA Board of Directors adopted amendments to the Title 47 open burning rules, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan that EQC adopts under OAR 340-200-0040 and EPA approves. EQC reviews LRAPA rules to determine if they comply with state law and the Clean Air Act. If they comply, EQC approves the LRAPA rules and revisions to OAR 340-200-0040 and directs DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments. Typically, DEQ presents LRAPA rules to EQC for consideration immediately upon adoption by the LRAPA board. EPA’s public notice requirements are above and beyond Oregon’s requirements and several years ago, DEQ and LRAPA held a joint public notice that met Oregon requirements, but determined that process did not meet EPA’s requirements for State Implementation Plan rules. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now. Regulated parties The rule amendments do not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008. The 2008 rules affect residential open burning in Lane County.