(To be signed by Andy and mailed by Nov. 22, 2013)

Merlyn Hough, Director

Lane Regional Air Protection Agency

1010 Main Street

Springfield, OR 97477

Re: Stringency review of LRAPA’s rules adopting New Source Review, Prevention of Significant Deterioration, and federal emission standards and proposal to incorporate Lane Regional Air Protection Agency rules into the State Implementation Plan

Dear Mr. Hough,

DEQ is proposing a rulemaking to incorporate LRAPA rules into the Oregon State Implementation Plan. This includes LRAPA rules for open burning, permit streamlining, New Source Review and Prevention of Significant Deterioration requirements for PM2.5 and greenhouse gases, and national emission standards for hazardous air pollutants. The LRAPA rules were adopted by the LRAPA Board of Directors several years ago and have been in effect in Lane County since their adoption.

Typically, DEQ submits LRAPA rules to the Environmental Quality Commission 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 DEQ was unable to perform the additional public notice requirements until now.

DEQ is holding a 30-day public comment period beginning in December 2013 to incorporate relevant portions of the LRAPA rules as a modification to the State Implementation Plan in Oregon Administrative Rule 340-200-0040. The date of LRAPA Board adoption is provided for each rule:

•  Open Burning: LRAPA Title 47 adopted March 14, 2008

•  Industrial Streamlining Rules: LRAPA Titles 12, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 44, 46, 48, 49, and 50 adopted October 14, 2008

•  Industrial Streamlining Rules Updates and Corrections: LRAPA Titles 12, 13, 30, 31, 34, 37, 38, 40, and 44 adopted January 12, 2010.

•  New Source Review, Particulate Matter 2.5 and Greenhouse Gas Permitting Requirements: LRAPA Titles 13, 32, 34, 36, 37, 38, 40, 46, and 50 adopted April 24, 2011

Before LRAPA’s Board adopted the rules, DEQ reviewed appropriate rules and found the regulations to be as stringent as comparable rules of DEQ. DEQ did not review the industrial streamlining updates and corrections for stringency because the rules corrected typographical errors and affected LRAPA’s ability to permit small sources that are not permitted by DEQ.

DEQ hereby authorizes LRAPA to act as hearings Officer on behalf of the EQC for public comment on the rule amendments, including the proposal to amend OAR 340-200-0040 to incorporate relevant portions of these rules amendments as modification to the Oregon State Implementation Plan. The amendments will be presented to EQC for consideration in March 2014. If EQC adopts the rules, they will be submitted by DEQ to the U.S. Environmental Protection Agency as a revision to the State Implementation Plan under OAR 340-200-0040 as a requirement of the Clean Air Act.

If you have any questions, please contact Andrea Gartenbaum at 503-229-5946.

Sincerely,

Andrew Ginsburg

Air Quality Division Administrator

Oregon Department of Environmental Quality

CC: Andrea Gartenbaum, Air Quality Division Rules Coordinator