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## LRAPA Open Burning Rule Revision

- Technical Support Document

The EPA reviewed the rule revisions in the 2014 submittal. The table below summarizes our evaluation of the proposed changes in the submitted rule language compared to the rule language from the currently approved SIP.
Summary of the EPA’s Evaluation of Rev isions to LRAPA Title 47.

New Provisions EPA Evaluation of Comparison to current SIP

- approved provisions Will the revision interfere with attainment or maintenance of the NAAQS? Revisions throughout t itle 47 The following minor revisions occur throughout the revised rules:

 The name of the agency has been updated. Lane Regional Air Pollution Authority is now replaced with Lane Regional Air Protection Agency.

 “Open outdoor burning” has been changed to “open bu rning”.

 The name of the Eugene

- Springfield Urban Growth Area (ESUGA) has been changed to Eugene

- Springfield Urban Growth Boundary (ESUGB)

. No

Introductory paragraph Introductory language has been added stating that compliance with title 47 does not exempt a person from any civil or criminal liability for consequences or damage s resulting from such burning , nor from any other regulatory requirements. This provision clarifies that other regulatory requirements continue to apply. 47

- 001 Gen eral Policy “Forest slash waste on properties outside of the Oregon Smoke Management Plan” has been added as a type of open burning that has requirements under this rule. This type of open burning was not previously defined in the rules. This revision cla rifies that such open burning is regulated under this rule. No

47

- 005 Exemptions from These Rules , 1.A. The revision adds that prohibited materials, as identified in s ection 47

- 015

- 1.E of the rule, shall not be used as fuel for the operation of resid ential barbeques. This revision clarifies what material cannot be burned in residential barbecues. No

47

- 005 Exemptions from These Rules , 1.D. This revision is a name change. “Forest Practices Smoke Management Plan” was changed to “ Oregon Department of Forestry Smoke Management Plan”. No

47

- 005 Exemptions from These Rules , 2.A. Language from section 47

- 015

- 1.H. was moved to this section and the following changes were made:

 Private property was added as an example of a recreational area.

 Residential fires are now prohibited within the Eugene/Springfield Urban Growth Boundary (ESUGB) and Oakridge city limits on “Yellow” and “Red” Home Wood Heating Advisory days set by LRAPA during the months of November, December, January, and February. No2  A note has been added explaining that local municipal ordinances, local fire district rules, and rules from the Oregon Department of Forestry and State Fire Marshall may be more prohibitive. 47

- 005 Exemptions from These Rules , 2.B

. This language was m oved from section 47

- 015 “Open Burning Requirements” with the following changes:

 when food is cooked by a fire that is sized proportionally to the amount of food being cooked, and



###  commercial, industrial, construction, and demolition waste shall not be burn ed. No

47

- 005 Exemptions from These Rules , 2.C. An exemption has been added for religious ceremonial fires.. LRAPA expects religious ceremonial fires to occur infrequently . Further, religious ceremonial fires must be “integral to a religious ceremony or ritual,” and prohibited materials cannot be burned in these fires. Gi ven the narrow scope of this exemption, a nd that the other revisions to t itle 47 generally strengthen the prohibitions on open burning, the EPA fin d s that the new exemption for religious ceremonial fires will not interfere with attainment or maintenance of the NAAQS or any other applicable requirement of the CAA. Potentially less stringent, but EPA has determined that this exemption for religious ceremonial fires will not interfere with attainment or maintenance of the NAAQS or any other applicable requirement of the CAA

47

- 010 Definitions For additional general definitions , this section references title 12 of these LRAPA regulations. Revision s to title 12 were included in a SIP submission that we received on August 28, 2014. We will be acting on that submission in a future action. The present action does not address the proposed revisions to title 12. No

47

- 010 Definitions

- Agricultural ope n burning The word “vegetative” has been added and clarifies that agricultural open burning means only the burning of vegetative agricultural waste. No

47

- 010 Definitions

- Agricultural operation A definition of “agricultural operation ” has been added to this section. T his definition is nearly identical to that in Definitions of Words and Terms Used in LRAPA Rules and Regulations in title 12 except that t he phrase “or the produce thereof” has been added. No

47

- 010 Definitions

- Agricultural waste A separate definition for “agricultural waste” has been added. It clarifies that it is vegetative waste and that prohibited materials (listed in section 47

- 015

- 1.E) are excluded from the definition. No

47

- 010 Definitions

- Bonfire A definition for “bonfi re” has been added and means a controlled fire for celebratory, ceremonial or entertainment purposes. No

47

- 010 Definitions

- Commercial wastes Th e definition of “ commercial wastes ” has been revised to clarify that removed and transported material s are a type of commercial waste and that prohibited material s listed in section 47

- 015

- 1.E. are not commercial wastes. No

47

- 010 Definitions

– Construction wastes and construction open burning The definition of “ construction wastes ” has been revised to clarify that prohibited material s listed in section 47

- 015

- 1.E. are not construction wastes. A clarification has been added that the open burning of transported construction waste materials is C ommercial open burning. No3 47

- 010 Definitions

– Demolition wastes and demolition open burning Th e definition of “ demolition wastes ” has been revised to clarify that prohibited materials listed in s ection 47

- 015

- 1.E. are not demolition wastes. A clarification has been added that the open burning of transported demolition waste materials is Commercial open burning

. No

47

- 0 10 Definitions Eugene

- Springfield Urban Growth Boundary This revision includes a name change (discussed above) and refers to the “current” Eugene

- Springfield Metropo litan Area General Plan instead of August 23, 1985. No

47

- 010 Definitions

- Residential open burning The definition for “residential open burning” was moved to be in alphabetical order. No

47

- 010 Definitions

- Forest slash open burning The definition of “forest slash open burning” is a new definition to Title 47

. No

47

- 010 Definitions

- Industrial wastes and industrial open burning Th e definition of “ industrial wastes ” has been revised to clarify that prohibited material s listed in section 47

- 015

- 1.E. are not industrial wastes. No

47

- 010 Definitions

- Nuisance This is a new definition to title 47. The EPA’s authority to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other speci fic requirements of Section 110 of the CAA. Therefore, the EPA is not approving this provision and no further EPA action is required. Not applicable

– not approving

47

- 010 Definitions

- Recreational fire A definition was added for “recreational fire”. Thi s expands on the existing description of fires “set for recreational purposes in designated recreational areas” (in section 47

- 015.1.H). The addition of this definition clarifies that a recreational fire is:

 small (combustible pile no larger than 3 feet in diameter and 2 feet in height)



###  limited to cooking fires, campfires, or fires lit in Chim inea s , patio fireplaces, fire pits, or other similar devices using specified fuels



###  occurs in designated areas on public lands or on private property

 cannot serve as a disposal fire for waste materials including woody yard trimmings, leaves, and grass clippings or prohibited materials No

47

- 010 Definitions

- Religious ceremonial fire A definition was added for a “ religious ceremonial fire ” , which must be a controll ed outdoor fire, integral to a religious ceremony or ritual, and is not allowed to burn prohibited materials listed in 47

- 015

- 1.E. No

47

- 010 Definitions

- Salvage This is a new definition added to Title 47

. It is an alternative disposa l method to be considered instead of open burning. No

Section 47

- 015

. General Open burning Requirements , 1.C

. Th is provision was revised to clarify that LRAPA issues the burning advisory. T he words “ because of meteorological or air quality conditions ” has been removed and “issued by the Agency” has been added

. However, the LRAPA Burn Advisory Process requires the consideration of such factors as air quality, mixing heights, wind speed, and Ventilation Index before the Agency issues a burn advisory. So , meteorology and air quality will continue to be considered when LRAPA issues burning advisories. A copy of the protocol that LRAPA uses for issuing burning advisories is in the docket for this action. No4 Section 47

- 015, General Open burning Requiremen ts , 1.D

. This provision was previously approved into the SIP and relates to a nuisance or hazard. The EPA’s authority to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is removing this provision from the SIP. No t applicable

– r emoving from SIP

Section 47

- 015, General Open burning Requirements , 1.E. The phrase “animal and vegetable matter” has been deleted in this section but it is included in the definition of “garbage” , which is contained in the prohibited materials listed in this provision

. No

Section 47

- 015, General Open burning Requirements , 1.H. This provision says that a ll burning shall be conducted in accordance with local fire safety regulations, including required minimum distances from structures . The EPA’s authorit y to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is not approving this provision and no further EPA action is required. Not applicable

– not approving

Section 47

- 015, Residential Open Burning Requirements, 2.A

. A substantive change in section 2.A is that the ending times for open burns are now set by a LRAPA burning advisory. Previously, only the beginning times were set by the burning advisory and all open burning had to be out by sunset. Now LRAPA can require that open burning be extinguished before sunset. This is a mo re stringent restriction on residential open burning than in the previous rule. No

Section 47

- 015, Residential Open Burning Requirements, 2.C. A substantive change in section 2.C is that previously the open burning season for residential open burning wit hin the Springfield city limits was October 1 to June 15. Residential open burning is now prohibited within the Springfield city limits except that burning of woody yard trimmings is allowed on lots of one

- half acre or more on approved burn days from Marc h 1 through June 15 and from October 1 through October 31. No

Section 47

- 015 , 2.D This section, which is currently in the SIP as 47

- 015, 2.C, says that within the ESUGB, burning is prohibited if required by local fire codes. The EPA’s authority to approv e SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is removing this provision from the SIP. Not applicable

– removing from SIP

Section 47

- 015, Residential Open Burning Requirements, 2.E

. Section 2.E was amended to say that residential open burning outside of the Eugene and Springfield city limits but within the ESUGB is prohibited except that burning of woody yard trimmings is allowed on lots of on

- half acre or more on approved burn days from March 1 through June 15 and from October 1 through October 31, no longer allowed during the period of November 1 through the end of February. This is more stringent than the previous rule which allo wed burning of woody yard trimmings in this area from October 1 through June 15. No

Section 47

- 015, Residential Open Burning Requirements, 2. F. T he Hazeldell and Siuslaw fire districts have been added to the list of fire districts which must comply with the open burning requirements for fire districts, which includes the prohibition of burning construction/demolition debris unless authorized by a letter permit. Therefore 

### , the conditions for open burning in the two newly added fire districts are more stringent. In the revisions No5 to this section, some fire districts have been renamed, and some districts have merged and also now have new names. Section 47

- 015, Residential Open Burning Requirements, 2. G. Th is new section restricts residential open burning of woody yard trimmings, leaves and grass in Lane County outside of the affected areas identified in section 47

- 015

- 2.B

- F to approved burn days from October 1 through June 15 , instead of year around. Th is condition make s open burning in these area s more restrictive. No

Section 47

- 015, Residential Open Burning Requirements, 2. H. The phrase “upon site inspection” has been removed from this section. No

Section 47

- 015, Forest Slash Burning, 6.A

. New language in this section clarifies the role o f Oregon Department of Forestry in regulating forest slash burning in areas covered by the Oregon Smoke Management Plan. No

Section 47

- 015, Forest Slash Burning, 6. B. (1

- 4) New language in this subsection clarifies that forest slash burning in Lane Count y is prohibited within the ESUGB, the fire districts identified in section 47

- 015

- 2.F, and other properties not covered by the Oregon Smoke Management Plan, unless authorized by a letter permit. Any slash burning in Lane County must be coordinated with th e South Cascade and Western Lane districts, and be consistent with slash burning advisories issued by ODF. In addition, under LRAPA 47

- 020

- 1, letter permits for such forest slash open burning can only be issued on a singly occurring or infrequent basis . G iven the many other provisions of this SIP revision that make the SIP more stringent, that only one instance of such open slash burning has been issued a letter permit by LRAPA since 1995, and the factors considered by LRAPA and findings LRAPA must make in issuing a letter permit for forest slash open burning in LRAPA 47

- 020

- 5 and

- 6, the EPA concludes that allowing this narrow category of open burning will not interfere with attainment and maintenance of the NAAQS or any other applicable requirements of th e CAA. Potentially less stringent because slash burning was arguably previously prohibited because it wasn’t expressly allowed. See LRAPA 47

- 001. But considering the information in the box to the left, allowing this narrow category of open burning will not interfere with attainment and maintenance of the NAAQS or any other applicable requirements of the CAA. Section 47

- 015, Fore st Slash Burning, 6. B (5) This subsection says a written plan is required prior to conducting forest slash open burning within 100 feet of type D and F streams, within 300 feet of protected resources listed under OAR 629

- 605

- 170(1)(b)

- (d), and on highly ero sive soils. The EPA’s authority to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is not approving 47

- 015

- 6.B(5)

. Not applicable

– not approving

Section 47

- 020, Letter permits, subsection 1. The revisions adds forest slash burning for a single occurrence or on an infrequent basis, which is otherwise prohibited, and a bonfire held for a single event, to be permitted by a letter permit issued by LRAPA in accordance with the requirements of the open burning rule and subject to the general requirements in Section 47

- 015

- 1, Open Burning Requirements. The EPA has determined that because the permit would be for burns that occur on an infrequent basis, are subject to LRAPA approval, and are subject to LRAPA open burning requirements, allowing these narrow categories of open No6 burning through a letter permit will not interfere with attainment and maintenance of the NAAQS or any other applicable requirements of the CAA. Section 47

- 020, Letter permits, subsection 2. The fee for letter permits issued for open burning of standing vegetation has been clarified by adding the phrase “These permits require a permit fee of $100”. No

Sec tion 47

- 020, Letter permits, subsection 3

. This provision relates to fire permits and was previously approved into the SIP. This provision goes beyond attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of th e CAA . Therefore, EPA is removing this provision from the SIP. Not applicable

– removing from SIP

Section 47

- 020, Letter permits, subsection 4. The permit fee in this section is for open burning other than prescribed burning of standing vegetation and has been revised from a flat fee of $100 to a fee of $4 per cubic yard, with a minimum fee of $50. The fee applies to all open burning except for standing vegetation, which is addressed in 47

- 020 .2. No

Section 47

- 020, Letter permits, subsection 5.B. The ability to “salvage” waste material will now be considered by LRAPA as an alternative disposal method in determining whether a letter permit for open burning will be approved or denied. No

Section 47

- 020, Letter permits, subsection 9.I. This is a new subsection saying that l etter permits must now include a statement saying that the respective local fire department may include any control, suppression safety or hazard conditions deemed appropriate for the requested open burning. The EPA’s authority to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is not approving this provision and no further EPA action is required

. No t app licable

– not approving

Section 47

- 020, Letter permits, subsection 1 0

. The following addition has been made to this section: “ The fire [permit] i ssuing agency has the ultimate authority to issue or deny the burn permit.” The EPA’s authority to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS and carrying out other specific requirements of Section 110 of the CAA. Therefore, the EPA is not approving this provision and no further EPA action is required

. Not applicable

– not approving

47

- 020, Letter permits, subsection 11 Section 47

- 020.11 has been deleted. This revision removes the option to renew permits when no approved burning days occurred during the burning period specified on a permit. The revision also removes language explaining that letter permits are only valid f or the period specified in the permit and that requests for additional burning require a new permit. Because specifying t he calendar period during which the burning is permitted to take place continues to be a required element in the permit (47

- 020(9)(A)(C ), this revision does not make the rule less stringent

. No

47

- 03 0 Summary Th e summary table previously in Section 47

- 03 0 ha s been deleted. This table merely summarized the provisions in the rule and where they applied. No7