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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 Revisions 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 title 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 burning”. 

 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 damages resulting from such burning, nor 

from any other regulatory requirements. 

This provision 

clarifies that other 

regulatory 

requirements 

continue to apply. 

47-001 General 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 clarifies 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 section 

47-015-1.E of the rule, shall not be used as fuel for the operation of 

residential 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. 

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 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 moved 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 burned. 

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. 

Given the narrow scope of this exemption, and that the other 

revisions to title 47 generally strengthen the prohibitions on open 

burning, the EPA finds 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. Revisions 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 open 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. This definition is nearly identical to that in Definitions of 

Words and Terms Used in LRAPA Rules and Regulations in title 12 

except that the 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 “bonfire” has been added and means a controlled 

fire for celebratory, ceremonial or entertainment purposes. 

No

47-010 Definitions - Commercial 

wastes 

The definition of “commercial wastes” has been revised to clarify 

that removed and transported materials are a type of commercial 

waste and that prohibited materials 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 materials 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 Commercial 

open burning.

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47-010 Definitions – Demolition

wastes and demolition open 

burning

The definition of “demolition wastes” has been revised to clarify 

that prohibited materials listed in section 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

47-010 Definitions

Eugene-Springfield Urban Growth 

Boundary

This revision includes a name change (discussed above) and refers 

to the “current” Eugene-Springfield Metropolitan 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

The definition of “industrial wastes” has been revised to clarify that 

prohibited materials 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 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

47-010 Definitions -

Recreational fire

A definition was added for “recreational fire”. This 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 Chimineas, 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 controlled 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 

disposal method to be considered instead of open burning. 

No

Section 47-015. General Open 

burning Requirements, 1.C

.

This provision was revised to clarify that LRAPA issues the burning 

advisory. The 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.

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Section 47-015, General Open 

burning Requirements, 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. 

Not applicable –

removing 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 all burning shall be conducted in 

accordance with local fire safety regulations, including required 

minimum distances from structures. 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

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 more 

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 within 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 March 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 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.

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 allowed burning of woody yard trimmings in 

this area from October 1 through June 15.

No

Section 47-015, Residential Open 

Burning Requirements, 2.F.

The 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 

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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.

This 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. This condition

makes open burning in these areas 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 of 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 County 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 the 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. Given 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 the 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, Forest 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 erosive 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 

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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

Section 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 the 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 letter 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.

Not applicable – not 

approving

Section 47-020, Letter permits, 

subsection 10.

The following addition has been made to this section: “The fire 

[permit] issuing 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 for 

the period specified in the permit and that requests for additional 

burning require a new permit. Because specifying the 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

47-030 Summary The summary table previously in Section 47-030 has been deleted. 

This table merely summarized the provisions in the rule and where 

they applied. 

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