To… (All DEQ) Executive Management Team;
Cc… Margaret Oliphant, Andrea Curtis, vandehey.maggie@deq.state.or.us
Subject: RM-LRAPA: Draft Public Notice Preview
Closes Nov. 26, 2013
― Chapter 340, Division 200 Rulemaking Preview - Delete if not interested ―
The public notice to incorporate Lane Regional Air Protection Agency rules into the State Implementation Plan is ready for preview before we open the public comment period on Dec. 16, 2013. Though no action is required on your part, we will consider your input on the packet if we receive it by close of business on Nov. 26, 2013. To offer input, contact Andrea Curtis by email or 503-229-5946.
The rulemaking packets were created in consultation with DOJ and EPA.
Title – DEQ is performing three rulemakings corresponding to LRAPA’s rulemakings:
1. Incorporate Lane Regional Air Protection Agency rules for open burning into State Implementation Plan
2. Incorporate Lane Regional Air Protection Agency rules for permit streamlining into State Implementation Plan
3. Incorporate Lane Regional Air Protection Agency Rules for New Source Review, Prevention of Significant Deterioration and national emission standards into State Implementation Plan
Notice Packet Click here for the Notice documents, which are in the category Preview
• There are three “Invitation to Comment” – 2-page fact sheets
• There is one “Proposed Rules” – redline/strikethrough
• There are three “Notice” – information and analysis required by APA; Model Rules; DEQ statutes, rules and best practices; and federal regulations.
Proposal In order for LRAPA and the state to maintain compliance with the Clean Air Act, EQC reviews LRAPA’s rules and, if the EQC concludes that the rules comply with state law and the Clean Air Act, approve the rules and submit them to the EPA for approval and incorporation, as appropriate, into the federally-approved State Implementation Plan.
Need The LRAPA rules have been in effect in Lane County since their adoption by the LRAPA Board of Directors several years ago. EQC adoption of DEQ’s rulemaking would allow DEQ to submit the LRAPA rules to the Environmental Protection Agency for incorporation into the state’s federally-approved implementation plan to protect air quality. Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan upon adoption by the LRAPA Board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, which are above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and we were unable to perform the additional public notice requirements until now.
Affected parties Parties were affected when LRAPA adopted its rules, including residential open burning and stationary emission sources (ACDP and Title V Permit holders) in Lane County.
Staff engagement DEQ staff worked with EPA and LRAPA staff
Public comment Starts Dec. 16, 2013 Ends Jan. 27, 2014
EQC meeting March 2014
The rulemaking public notice packet is a major external deliverable in DEQ’s rulemaking process. On behalf of the rule design team, I thank all DEQ contributors to the notice packet.
Emails about this rulemaking are part of the required rulemaking record. The rule writer on the Cc... line is the custodian of this email chain. This means, you are not responsible for maintaining this email or any responses that include the rule writer on the To… or Cc... line.