Hi, Larry! 

 

I know what you mean about coming back after The Holidays.  It seems like you’ve been away for months, and it takes “a minute or two” to get back into the swing, doesn’t it.

 

The notice for the February 12  hearing on Title 47 appeared in the January 1 Oregon Bulletin.  There was a mistake in the printed notice, in that the DEQ area code was listed as 803 instead of 503.  Hopefully that won’t be a problem.  I’ve had one e-mail request, so far, from someone who saw the notice in the Bulletin.  I sent her the pdf draft rule.

 

The LRAPA board is the body that adopts our rules.  They will hear testimony at their February 12 meeting.  If they decide to adopt it that day, they will.  If they decide they want us to make further changes, they will not adopt it and will ask us to bring back another draft.  If that happens, I guess we’ll start over.  We have a couple of people on our board who have said, since approving the hearing,  they will not vote to adopt the rule as it is.  There are, however, nine board members.  We’ll see what happens. 

 

Do you know if there needs to be another public hearing if the board rejects the current draft and requests substantive changes?  I’m assuming that it would be required.   If the changes were substantive enough, I assume we’d have to go through DEQ and EPA again to get their comments and reauthorization from DEQ to serve as EQC hearings officer.  It would also need to go through our advisory committee and the Lane Fire Defense Board again.

 

If they do adopt the amendments on February 12, I’ll get a package of information to you as soon as I’ve finished the minutes of that meeting.  That takes me a couple of weeks, at least, because I transcribe the tapes and then refer to that as I do the minutes—and that has to be worked in with all the rest of things I do for LRAPA.  The package we’ve sent up in the past includes:

 

*The staff report, rule draft and minutes from the meeting at which the board was asked to authorize public hearing.

*The public notices and affidavits of publication (including the notice in the Oregon Bulletin, with the statements of need and fiscal impact).

*The staff report, rule draft and minutes from the meeting at which the public hearing was held.  (The staff report includes a summary of the public notice process, any comments received prior to the hearing and LRAPA’s response to them, and possibly a new draft if changes were made as a result of comments received.)

*A hearings officer’s report, to the EQC, of the public hearing.

*A clean copy of the adopted rule.

 

I don’t know if you will need anything further from us or not.

 

As to when we would want to try to get it on the EQC agenda, that’s hard to know at this point because of the possibility that the board might hold up the process.  If it is adopted on February 12, that would leave a bit of time prior to the April EQC meeting, and I would get it to you as soon as I could do so in order to give you as much time as possible to do whatever you need to do.  What is the normal deadline for you to receive information prior to an EQC meeting?

 

LRAPA has never been involved in sending the submittal to EPA.  I have never even seen any paperwork for that except for an occasional copy of the transmittal letter to EPA.  I don’t know if we are allowed to do that for ourselves, but I think we probably are not.

 

So, Larry,  I don’t think we disagree at all.  There are just a few minor questions to work out.  Thanks for following this so closely and keeping everything on track.  I really appreciate your help.

 

Merrie

 

 

 

 

 

Hi Merrie,

Just getting back into the grove after what seemed like a long holiday last month.  I am not complaining.

I know your rule is out for public comment.  "Our" Public Hearing I believe is on 2/12.  And if I recall, the rules will be "approved" by your Board on that same date, or shortly after 2/12?  (Is it a Board that approves your rules?)

Then you will be putting together the EQC packet and sending that along to us (Shelley?).  We will have to discuss exactly what documents your office is able to complete in that packet.

Then, it will be up to DEQ to get the rule in front of the EQC.  I am sure I asked you before, but forget, ideally when would LRAPA like to have EQC adoption (choices of EQC meeting dates are:  April 24/24; June 19/20; August 21/22; etc.

My assumption is DEQ's role will be writing up the staff report for EQC (with guidance from LRAPA), submitting the EQC package, presenting the proposed changes to EQC and then filing those changes with the SOS. 

I am not quite as clear about our role submitting the SIP changes to EPA.  My assumption is that DEQ will be responsible for that effort as well, but I bow to Shelley on anything to do with the SIP.

Let me know where we disagree Merrie. 

Shelley we should talk now that the LRAPA rule is in progress and will be at our door before we realize it.

Larry,
503 229-6412