July 17, 2008

Larry K.

The Open Burning rules adopted by the Lane Regional Air Protection Agency (LRAPA) will to go before the EQC in October. EQC adoption of a LRAPA rulemaking is not an everyday occurrence and so I am seeking advice from DOJ on the format and adequacy of their EQC package (staff report).

Enclosed are the following documents:

* Example of DEQ’s Staff Report Memo – I have identified each section as A, B, C etc. so I can compare the Memo’s contents to the information contained in the LRAPA agenda item summary.

* LRAPA Board of Directors Agenda Item Summary (Item Summary) – Contains corresponding A, B, C as comparison to EQC Memo.

* Red-Line version showing the amendments to Section 47

* The adopted version of Section 47

* LRAPA’s equivalent of the Presiding Officer Report (hearing) and summary of comments received

* Statement of Need and Fiscal Impact

The general hope is that the LRAPA Item Summary can be used as the primary EQC report rather than having LRAPA complete a DEQ Staff Report. I have compare each form’s content and found that the Item Summary addresses each topic except the Memo’s “key issues”. Yet, the coverage of each topic is not as in-depth as usually found in the DEQ staff Report.

I have also compared the standard Attachments of the Staff Report to documents provided by LRAPA.

* #1- LRAPA has provided a redline copy and final version of changes in Section 47

* #2 and #4 – The summary of public comments and Presiding Officers Report are combined in LRAPA’s Presiding Officer Report.

* #3 An Advisory Committee was involved and a listing of that membership is being put together.

* # 5 and #7 Relationship to Federal Requirements, and the Land Use Evaluation Statement information is included in the Item Summary (very brief).

* #6 The Statement of Need is provided separately.

So the question is…can we submit LRAPA’s Item Summary (and the following LRAPA docs: redline and final amendments to Section 47, Presiding Officer Report, Advisory Committee List and the Statement of Need) in lieu of developing the standard Staff Report and attachments?

I expect another consideration is each EQC member’s familiarity with the Staff Report and attachments vs. documents from LRAPA in a different format.

Let me know.

Larry McAllister

503 229-6412