Incorporate Lane Regional Air Protection Agency rules into the State Implementation Plan

DEQ is proposing a rulemaking to incorporate LRAPA rules into the Oregon State Implementation Plan. This includes LRAPA rules for open burning, permit streamlining, and permit requirements for PM2.5 and greenhouse gases including new source review and prevention of significant deterioration. 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 did not meet the 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 required public notice process for the LRAPA rules 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 Oregon State Implementation Plan. DEQ has authorized LRAPA to act as hearings officer on behalf of EQC for public comment. DEQ plans to bring its rulemaking to the EQC for adoption in March 2014.