From:  MCALLISTER Larry

Sent:  Tuesday, August 19, 2008 3:39 PM

To:  'Knudsen Larry'

Subject:  LRAPA rulemaking coming to EQC

Larry K

As you may recall, I've been working with Lane Regional Air Protection Agency (LRAPA) pulling documents together into a staff report to submit to the October EQC meeting (it was agreed that this rulemaking for LRAPA is a modification of the SIP and needed to go through the DEQ rulemaking process since their proposed amendments are not verbatim with DEQ regulations, OAR 340-200-0040(3)(b)). Generally it is going well. The package may look a little different than most EQC packages, but the information will be there.

When reviewing the joint (LRAPA/DEQ) public notice effort (January 2008) I notice three activities were not completed:

1) Although addressed briefly in their Board meeting minutes, there was no notification of the relationship between the proposed rules and federal requirements. At the time of noticing the public, OAR 340-011-0029 required that DEQ include in the notice package responses to the 11 questions regarding the proposed rule's relationship to federal requirements. And that information also be included in the packet submitted to the EQC. The 3/14/08 LRAPA Board minutes (which will be included in the EQC packet) state there are no federal requirements associated with open burning, but that information was not part of the notice package to the public.

2) ORS 183.335(15) requires notice to specific members of the legislature (President of Senate and Speaker of the House). This rulemaking did not notice legislators.

3 ORS 183.335(8) requires notice to interested parties. This rulemaking did not notice interested parties (there were multiple public Board meetings, the notice period lasted 3 months).

I would like to discuss the ramifications of these omissions and other related information.

I would appreciate a call at your convenience.

Thanks in advance,

Larry M

503 229-6412