DOWNING Kevin DOWNING. Kevin@dey.stat e.or.us> , 08/0312006 01:59 PM To Debra Suzuki/RI0/USEPAIUS@EPA

cc bcc Subject Relating to applicability of air pollution controls to open

burning;



### Debra,
I am still looking for an AG's opinion but this is a recent (1999) legislative adoption that reinforced the statutory prohibition on agricultural open burning. This was passed and signed into law.
http://www.leg.state.or.us/99reg/measures/sb0300.dir/sb0337.en.html <<Relating to applicability of air pollution controls to open burning; amending ORS 468A.020 and 468A.550..url>>

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[ Attachment Relating to applicability of air pollution controls to open burning; amending ORS 468A.020 and 468A.550..url removed ]

### Relating to applicability of air pollution controls to open burning; amending ORS 46SA.0... Page 1 of 3

70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

Enrolled

Senate Bill 337
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Department of Environmental Quality)

CHAPTER

AN ACT

Relating to applicability of air pollution controls to open burning; amending ORS 468A.020 and 468A.550.

Be It Enacted by the People

.. of the State of Oregon:

SECTION 1. ORS 468A.020 is amended to read: 468A.020. (1) Except as provided in this section and in ORS 476.380 and 478.960, the air pollution laws contained in ORS chapters 468, 468A and 468B 

### do not apply to: (a) Agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 46BA.620 and 468A.992 and this section; (b) Use of equipment in agricultural operations in the growth of crops or the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992 and this section; (c) Barbecue equipment used in connection with any residence; (d) Agricultural land clearing operations or land grading; (e) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except- woodstoves-wh-ich-sha-l-l--be-subject--to--regulation--under--this section, ORS 468A.460 to 468A.480, 468A.490 and 468A.515; (f) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary; (g) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; {

- or - } (h) The propagation and raising of nursery stock, except boilers used in connection with the propagation and raising of nursery stock { - . - } { + ; + } (i) The propane flaming of mint stubble { - . - } { + ; or 

### (j) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year. + } (,2) As used in subsection (1) of this section, 'field burning
, 

### does not include propane flaming of mint stubble.



### http :llwww.l eg. state. or.usl9 9reglmeasureslsb O3 00. dirlsbO3 37. en.html 8/3/2006 Enrolled Senate Bill 337 (SB 337-A) Page 1

### Relating 

## to applicability of air pollution controls to open burning; amending ORS 468A.0... Page 2 pf 3,

SECTION 2. ORS 468A.550 is amended to read: 468A.550. As used in ORS 468A.555 to 468A.620 and 468A.992: (1) 'Smoke management' means the daily control of the conducting of open field burning to such times and places and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality. (2) 'Smoke management program' means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for: (a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning; (b) Preparation and issuance of open field burning permits by affected governmental agencies; (c) Gathering and disseminating regional and sectional meteorological conditions on a daily or hourly basis; (d) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season; (e) Conducting surveillance and gathering and disseminating information.on a daily or more frequent basis; (f) Effective communications between affected personnel during the burning season; and (g) Employment of personnel to conduct the program. (3) As used in this section, 'open field burning' does not include propane flaming of mint stubble { + or stack or pile burning of residue from Christmas trees, as defined in ORS 571.505 + ).

Passed by Senate May 5, 1999

..: Secretary of Senate

........................................................... President of Senate

Passed by House May 24, 1999

Speaker of House



### http://www.1eg. state.or.us/99reg/measures/sb0300.dirlsb0337.en.html 8/3/2006 Enrolled Senate Bill 337 (SB 337-A) Page 2

### Relating to applicability of air pollution controls to open burning; amending ORS 468A.0... Page 3 of 3

Received by Governor:

M 1999

Approved:

M 1999

: Governor
Filed in Office of Secretary of State:

M 1999

Secretary of State



### http:llwww.leg.state.or.us/99reglmeasureslsbO300.dir/sbO337.en.html 8/3/2006 Enrolled Senate Bill 337 (SB 337-A) Page 3Donna DeneenIR10/USEPA/US To Juliane Matthews/R10/USPPA/US@EPA
08/03/2009 11:06 AM cc bcc Subject my email exchange with ODEQ on their open burning rules

Forwarded by Donna Deneen/R10/USEPA/US on 08/03/2009 11:11 AM

"DOWNING Kevin" <DOWNING.Kevin@deq.state. To Donna Deneen/R10/USEPAIUS@EPA or.us> cc "COLLIER David" <COLL,IER,David@deq.state.or.us > 07/23/2009 10:24 AM Subject RE: SIP questions

Donna,

At-t lre-d-is a m arcs -o- ti±iiing our responses to your queries below. Also attached are various accompanying documents that are referenced in our response.

Please let me know if I can be of further assistance.

Kevin

503,229.6549 P Is it necessary to print this e-mail? Original Message From:

. Deneen.Donna@epamail.epa.gov [mailto.:Deneen.Donna@epamail.epa.gov ]
Sent: Friday, June 05, 2009 1:47 PM To: DOWNING Kevin Subject: SIP questions

Hi Kevin, here are a few questions about the open burning rules. For the purposes of these questions "old rules" means the existing federally approved rules (state effective date - March 10, 1993, federal effective date - April 28, 1997). "New rules" means the state rules submitted in 2001 that I'm reviewing right now.

1- I have page 1 of a memo evaluating the new rules compared to the old rules, but it looks like there may be more pages thari'that. Will you send any additional pages? Here's page
, 1:

• (See attached file: Memo.pdf)
2 - Here's the email you sent us awhile back.
(See attached file: Email.pdf)

3 - Why are the physical descriptions of where domestic open burning is prohibited different 

## in 340-- , A-120 (5) (a) and (b), 340- g 4 -130 (5) (a) and (b), and 340-264-140 (5)(a), (b), and (c) of the new rules comparedwith 340-023-0065(5)(a) and (b), 340-023

. 0070(5)(a) and (b), and

340-023-0075(5)(a), (b) and. (c) of the old rules?
4 - In 340-264-150(2) and 340-264-170(3) (sections covering"Columbia County" and "Coos, p ouglas, Jackson and Josephine Counties"), why was the phrase "subject to OAR 340-023-040, 340-023-042 and 340-02

. 3-043" (references to general requirements statewide, general prohibitions statewide, and open burning schedule) removed?
5 - Why is the list of areas for Lane County different in the old rules compared with the new rules. Compare 340-264-0160(5)(c), (j), (k), (n), (r), 

### and (s) of the new rules with 340-023-085(5)(e), (g),. (h), (p), (t), (u), (v), 

### and (y) of the old rules.

Thanks! Donna


# a Open buring SIP Qs memo.doc Open Burning SIP Relaxation memo.pdf SB 337.doc SB 337 enrolled.doc

## State of Oregon 

# Department of Environmental Quality Memorandum

Date: July 22, 2009

To: Donna Deneen

EPA Region X

From: Kevin Downing

Subject: Questions regarding open burning SIP submittal
You had sent an email on June 5, 2009 with several questions regarding the open burning rule submitted to EPA for review as a submittal under the state's implementation plan. Your questions and the responses are provided below.

--I- L-have-page-l-of-a-memo-evaluating-the-new- 

### p ules-eompaPed-to4he-old- p ules, but it looks like there may be more pages than that. Will you send any additional pages? Here's page 1:


### The second page of the memo is included in the reply packet.

2 - Here's the email you sent us awhile back.


### This email is part of an earlier dialogue looking to answer the question regarding the Department's authority to regulate agricultural opening burning question, This is also addressed in response to your Question 4.
SB 337 introduced in the 1999 Oregon legislative session highlights an attempt to regulate all forms of agricultural open burning. As introduced, SB 337 would have allowed regulation of agricultural open burning. This authority was not granted and the bill was further amended to delete any authorization to regulate agricultural fourth priority burning and to explicitly identify Christmas tree burning as another specified exemption from open burning regulation. It was during discussions in the consideration of the bill that it became clearer that the Department lacked explicit authority to regulate so-called fourth

.. priori ty_ open burning, which was reflected in the open burning rule package that was commenced shortly afterwards. '

3 - Why are the physical descriptions. of where domestic open burning is prohibited different in 340-264-120(5)(a) and (b), 340-264-130 (5)(a) and (b), and 340-264-140 (5)(a), (b), and (c) of the new rules compared with 340-023- 0065(5)(a) and (b), 340-023-0070(5)(a) and•(b), and 340-023-0075(5)(a), (b) and (c) of the old rules?

The priority order for agricultural burning is outlined in ORS 468A.570(2). First priority agricultural burning includes burning of perennial grass seed crops used for grass seed production, second priority to annual grass seed crops used for grass seed production, third priority to grain crop burning, and fourth priority to all other agricultural burning. 

# ^'a

### The open burning rules were also revised in 1993 but were not submitted to EPA for review as a

SIP revision. The rules adopted in 2000 were based from this rule set rather than the earlier submittal presented to EPA.
The 1993 rule change amended physical descriptions of open burning control areas previously based on fire districts instead relying on a legal description. Since the original rule adoption, fire districts had merged, disbanded or otherwise reorganized such that continued use as a description of a burning control area made public education, compliance and enforcement difficult at best. The revised boundary description encompasses the area originally covered

. 

### under the prior rules so there is no relaxation in rule coverage.

4 - In 340-264-150(2) and 340-264-170(3) (sections covering " Columbia County " and "Coos, Douglas, Jackson and Josephine Counties"), why was the phrase "subject to OAR 340-023-040, 340-023-042 and 340-023-043'" (references to general requirements statewide, general prohibitions statewide, and open burning schedule) removed?


### See also 340-264-0100 (2), -0110 (2), -0120 (2), -0130 (2), -0140 (2) and -160(3) for similar changes. The changes were made to clarify the. Department's lack of authority to regulate fourth priority agricultural open burning. When the open burning rules were originally adopted it was with the consideration that agricultural fourth priority burning was subject to regulation by the Department. We had concluded that we did not have regulatory authority as per the discussion earlier in regards to SB 337 and a 1996 Attorney General confidential opinion. Their review of the law concluded that ORS 468A.020(1) exempts agricultural operations from DEQ air pollution laws and that even though ORS 468A.560 provides,an authority to regulate for certain forms of agricultural field burning, this authority may not arguably extend to agricultural fourth priority burning. The rules changes that were adopted and submitted to EPA as part of the SIP revision under discussion were made to correspond the Department's rules with the authority provided under Oregon law.

5 - Why is the list of areas for Lane County different in the old rules compared with the new rules.
, Compare 340-264-0160(5)(c), (j), (k), (n), (r), and (s) of the new rules with 340-023-085(5)(e), (g), (h), (p), (t), (u), (v), and (y) of the old rules. 

### Fire districts have either merged, disbanded or reorganized such that continued use of the districts themselves as control areas no longer provides useful information for public education compliance or enforcement. The revised descriptions cover approximately the same geographic areas so there is no significant change in applicability or stringency of the rule.

### State of Oregon



# Department of Environmental Quality Memorandum

Date: December 7, 2000

To: File

From: Kevin Downing
Subject: Open Burning Rule Revisions
The Environmental Quality Commission adopted revisions to the open burning rules on December 1, 2000. The rules were adopted as part of the state implementation plan and amend open burning rules that have been a part of the SIP since original adoption. This memo summarizes the changes adopted and evaluates whether the recently adopted changes are as stringent as the previous rules.
Adopted changes: - ,Updated list of open burning control areas to reflect population growth.

- ^`-Commercial burning is prohibited except by permit:

Lincoln County, Madras, Tillamook, Warrenton and adjoining areas within three miles of these cities' limits. Construction and demolition burning is prohibited except by permit:

Coquille, Falls City, Lincoln City, Lyons, Madras, Newport, Reedsport, Seaside, Tangent, Tillamook, Warrenton, and adjoining areas within three miles of these cities' limits; Corvallis, Gresham and the adjoining areas within six miles of these cities' limits (previously a three mile limit). Domestic burning is prohibited except yard debris burning is allowed between March 1 sr id June 15 th and between October 18L and December 15 th : Falls City, Lyons, Tangent and adjoining areas within three miles of these cittes'-l#art; Corvallisnd-the adjoining-areas-within-six-miles-of-the-city limits (previously a three mile limit). Required a permit for slash burning in open burning control areas not regulated by the Department of Forestry. Clarified that persons responsible for the open burning activity are also strictly 

# liable for violations of the rules. Clarified DEQ's authority to extinguish illegal fires. Required permit to burn any waste moved off the property of origin.

- Provided for delegation of authority to local jurisdictions, e.g,, cities and fire districts, when _ they have expressed a willingness and ability to administer the program.

- Allowed the burning of dry tumbleweeds that have been broken off and rolled about by the wind.

- Allowed burning by permit in open burning control areas if burning is for standing vegetation for the purpose of creating or restoring wetlands, or for promoting or enhancing habitat for indigenous species of plants or animals.

### Removed references to control of agricultural burning.

N 

### Agricultural burning, outside of field burning in the Willamette Valley, is not subject to regulation by the Department of Environmental Quality. Agricultural burning also includes activities by nonprofit research organizations like the OSU Extension Service. n Open burning of carcasses of animals that have died or been destroyed as directed by a representative of the Department of Agriculture because of an animal disease emergency is allowed.

Overall the amended rules are at least, if not more, stringent than the prior rules. Most of the changes are clearly making the rule more stringent, not less. There are three changes that require further explanation.
Tumbleweed disposal is a problem in eastern Oregon for which no readily available alternative is at hand. Manually removing the tumbleweed from fence rows and other obstructions where they have accumulated is not often feasible. In addition, manipulation of the plants increases dispersion of the seeds, exacerbating the problem. Burning occurs quickly as the fires burn hot and the impacts are minimal, given the low population densities typical of eastern Oregon. Even though this activity may occur now without permit the Department still can intervene to extinguish or take enforcement action against any of the fires that are determined to create a nuisance or a hazard.
The rules now allow a letter permit to be issued for fires conducted for resource management purposes. While the primary focus of the open burning rules is on managing the use of fire for waste disposal, this limited change recognizes that fire can be useful as a land and wildlife management tool. A permit applicant will have to meet the same 

### tests as historically applied, i.e., no alternatives are reasonably available and there will be no significant air quality impact. In addition, an applicant under this provision must also provide documentation of the management benefits including a recommendation from either a federal or state agency with responsibility in wildlife habitat, wetlands or indigenous plant species.
The rules clarified that, outside of field burning in the Willamette Valley, the 

### Department does
not 

### have authority to regulate agricultural burning, This rule change is made to align 

### the program with the statutory authority provided 

### to the Department to implement its programs.70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

Enrolled

Senate Bill 337

Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Department of Environmental Quality)

CHAPTER

AN ACT

Relating to applicability of air pollution controls to open burning; amending ORS 468A.020 and 468A.550.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 468A.020 is amended to read: 468A.020. (1) Except as provided in this section and in ORS 476.380 and 478.960, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to: (a).Agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992 and this section; (b) Use of equipment in agricultural operations in the growth of crops or the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140,468.150, 468A.555 to 468A.620 and 468A.992 and this section; (c) Barbecue equipment used in connection with any residence; (d) Agricultural land clearing operations or land ' grading; (e) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than our families, except woodstoves which shall be subject to regulation under this section, ORS 468A.460 to 468A.480., 468A.490 and 468A.515; (f) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which 

## in the opinion of the agency is necessary (g). Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; {

- or - } (h) The propagation and raising of nursery stock, except boilers used in connection with the propagation and raising of nursery stock { - . - } { +
; + } (i) The propane flaming of mint stubble { - . - } { + ; or (j) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year. + } (2) As used in subsection (1) of this section, 'field burning' does not include propane flaming of mint stubble,

Enrolled Senate Bill 337 (SB 337-A) Page 1SECTION 2. ORS 468A.550 is amended to read:

468A.550. As used in ORS 468A.555 to 468A.620 and 458A.992: (1) 'Smoke management' means the' daily control of the conducting of open field burning to such times and places 

### and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality. (2) 'Smoke management- program' means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for: (a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning; (b) Preparation and issuance of open field burning permits by affected governmental agencies; (c) Gathering and disseminating regional and sectional meteorological conditions on a daily or hourly basis; (d) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season; (e) Conducting surveillance and gathering and disseminating information 

### on a daily or more frequent basis; (f) Effective communications between affected personnel during the burning season; and (g) Employment of personnel to conduct the program. (3) As used in this section, 'open field burning' does not include propane flaming of mint stubble { + ,or stack 

### or pile burning of residue from Christmas trees, as defined in ORS 571.505 + ).

Passed by Senate May' 5, 1999

Secretary of Senate

President of Senate

Passed by House May 24, 1999

Speaker of House

Enrolled Senate Bill 337 (SB 337-A) Page 2Received by Governor:

M 1999

Approved:

M 1999

Governor
Filed in Office of Secretary of State:

M 1999

........................................................... Secretary of State

Enrolled Senate Bill 337 (SB 337-A) page 370th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new, Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .

LC 1026

Senate Bill 337

Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither 

### advocacy nor opposition on the part of the President (at the request of Department of Environmental Quality)

SUMMARY

The following summary is not prepared by the sponsors of the . measure and is not a part of the body thereof subject to consideration by the Legislative Assembly, It is an editor's brief statement of the essential features of the measure as introduced.

Changes, for consistency, references to field burning to open field burning. Defines agricultural open burning and establishes limit of Department of Environmental Quality authority over agricultural open burning,

A BILL FOR AN ACT Relating to applicability of air pollution controls to open

Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 468A.020 is amended to read: 468A.020. {

- (1)

- } Except as provided in this section and in ORS 476.380 and 478,960, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to: {

- (a)

- } { + (1) + } Agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, except { + as follows: (a) Open + } field burning {

- which - } { + and agricultural open burning, as those terms are defined in ORS 468A.550, in Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties + } shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992 and this section; { +

. and (b) All agricultural open burning conducted in this state shall meet the same general requirements and prohibitions as other types of open burning, related to promoting safe and efficient burning, to the burning of prohibited material or to burning burning; amending ORS 307.400, 468A.020, 468A.135, 468A.550, 468A.560, 468A.570, 468A.575, 468A.565, 468A.590, 468A.605, 468A.610, 468A.615 and 468A.620.under declared poor air quality conditions, in accordance with

rules adopted by the Environmental Quality Commission; + } { (b)

- } { + (2) + } Use of equipment in agricultural operations in the growth of crops or the raising of fowls or animals, except { + open + } field burning { + , + } which

. shall be subject to regulation pursuant to ORS 468.140, 468.150, 

### 468A.555 to 468A.620 and 468A.992 and this section;

(c)

- } { + (3) + } Barbecue equipment used in connection with any residence; {

- (d)

- } { + (4) + } Agricultural land clearing operations or land grading; { (e)

- } { + (5) + } Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under this section { - ., - } { + and + } ORS 468A.460 to 468A.480, 468A.490 and 468A.515;

(f) } {'+ (6) + } Fires set or permitted by any public agency when such fire is set or permitted in, the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary; {

- (g)

- } { + (7) + } Fires set -pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; {

- or - } {

- (h)

- } { + (8) + } The propagation and raising of nursery stock, except boilers used in connection with the propagation and raising of nursery stock { } ( + ; or + } { (i)

- } { + (9) + } The propane flaming of mint stubble. {

- (2) As used in subsection (1) of this section, 'field burning' does not include propane flaming of-mint stubble. - } SECTION 2. ORS 468A.135 is amended to read: 46•8A.135. (1) When authorized to do so by the. Environmental Quality Commission, a regional authority formed under ORS 468A.105 shall exercise the functions relating to air pollution control vested in the commission and the Department of, Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040; 468A.050, 468A,055, 468A.065, 468A.070 

### and 468A.700 to 468A.755 insofar 8s such functions are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. Such functions may be exercised over both incorporated and unincorporated areas within the territory of the regional authority, regardless of whether the governing body of a city within the territory of the region is participating in the regional authority. (2) No regional authority is authorized to establish or alter areas or to adopt any rule or standard that is less strict than any rule or standard of the commission. The regional authority must submit to the commission for its approval all air quality standards adopted by the regional authority prior to enforcing any such standards. (3) Subject to ORS 468A.140, 468A.145 and 468A.165, when aregional authority is exercising functions under subsection (1)

of this section, the commission and the department shall not exercise the same functions in the same territory. The regional authority's jurisdiction shall be exclusive. The regional authority shall enforce rules and standards of the commission as required to do so by the commission. (4) The commission and the regional authorities may regulate, limit, control or prohibit by rule all air contamination sources not otherwise exempt within their respective jurisdictions. However, { + open + } field burning and forestland burning shall be regulated by the commission and fire permit agencies as provided in ORS 468A.555 to 468A.620 and 468A.992, 476.380, 477.505 to 477.562 and 478.960. SECTION 3. ORS 468A.550 is amended to read: 468A.550. As used in { + this section and + } ORS 468A.555 to 468A.620 and 468A.992: { + (1) 'Agricultural open burning' means the open burning of any agricultural waste, which includes any unharvested grass seed fields and excludes open field burning, propane flaming and stack or pile burning of grass and cereal.grain crops. (2) 'Open field burning' means burning of any perennial or a re a 7-grass-s-ee-d-cereal-gra-in-c rop-ors s-s-o-ci d L e d re-s-i-du-e--iu a manner that does not effectively control combustion air and combustion products. 'Open field burning' does not include propane flaming of mint stubble. (3) 'Propane flaming' means open burning with the use of a mobile flamer device that meets the following design specifications and uses an auxiliary fuel so that combustion is nearly complete and emissions are significantly reduced: (a) Flamer nozzles shall not be more than 15 inches apart; and (b) A heat-deflecting hood that extends a minimum of three feet beyond the last row of nozzles is required. + } { -. (1)

- } { + (4) + } 'Smoke management' means the daily control of the conducting of open field burning to such times and places and in such amounts 

## so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality. {

- (2)

- } { + (5) + } 'Smoke management program' means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for: (a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning; (b) Preparation and issuance of open field burning permits by affected governmental agencies; (c) Gathering and disseminating regional and sectional meteorological conditions on a daily or hourly basis; (d) Scheduling times,. places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season; (e) Conducting surveillance and gathering and disseminating information on a daily or more frequent basis; (f) Effective communications between affected personnel during the burning season; and(g) Employment 

### of personnel to conduct the program.

{

- (3) As used in this section, 'open field burning' does not include propane flaming of mint stubble. - } { + (6) 'Stack or pile burning' means the open burning of bound, baled, collected, gathered, accumulated, piled or stacked straw residue from perennial or annual grass seed or cereal grain crops. + } SECTION 4. ORS 468A.560 is amended to read: 468A.560. (1) Except for the fee imposed under ORS 468A.615 (1)(c), the provisions of ORS 468A.550 to 468A.620 and 468A.992 shall 

## apply {

- only - } to open field burning, propane flaming {

- and - } { + , + } stack or pile burning of grass seed or cereal grain crop residues { + and agricultural open burning classified as fourth priority under ORS 468A.570 + } on acreage located in the counties specified in ORS 468A.595 (2). (2) Nothing in this section shall apply to the propane flaming of mint stubble. SECTION 5. ORS 468A.570 is amended to read: 468A.570. (1) As used in this section: (a) 'Marginal conditions' means atmospheric conditions such that smoke and particulate matter escape into the upper atmosphere with some difficulty but not such that limited additional smoke and particulate matter would constitute a danger to the public health and safety. (b) 'Marginal day' means a day on which marginal conditions exist.

(2) For purposes of ORS 476.380 and 478.960, the Environmental Quality Commission shall classify different types or combinations of atmospheric conditions as marginal conditions and shall specify the extent and types of burning that may be allowed under different combinations of atmospheric conditions. A schedule describing the types and extent of burning to be permitted on each type of marginal day shall be prepared and circulated to all 

## public agencies responsible for providing information and issuing permits under QRS 476,380 and 478:960. The schedule shall give first priority to the burning of perennial grass seed crops used for grass seed production, second priority to annual grass seed crops used for grass seed production, third priority to grain crop burning, and fourth priority to all other { + agricultural open + } burning and shall prescribe duration of periods of time during the day when burning is authorized. (3) In preparing the schedule under subsection (2) of this section, the commission shall provide for the assignment of fourth priority burning by the State Department of Agriculture in accordance with the memorandum of understanding established pursuant to ORS 468A.585. (4) In preparing the schedule required under subsection (2) of this section, the commission shall weigh the economic consequences of scheduled burnings and the feasibility of alternative actions, and shall consider weather conditions and other factors necessary to protect the public health and welfare. (5) one of the functions of the commission under this section or under ORS 476.380 or 478.960, as it relates to agricultural burning, shall be performed by any regional air quality control authority established under ORS 468A.105. SECTION 6. ORS 468A.575 is amended to read:468A.575. (1) Permits for open { + field + } burning, propane

flaming or stack or pile burning of the residue from perennial grass seed crops, annual grass seed crops and cereal grain crops are required in the counties listed in ORS 468A.595 (2) and shall be issued in accordance with rules adopted by the Environmental Quality Commission and subject to the fee prescribed in ORS 468A.615. The permit described in this section shall be issued in conjunction with permits required under ORS 476.380 or 478.960. (2) By rule the Environmental Quality Commission may delegate to any county court, board of county commissioners, fire chief of a rural fire protection district or other responsible person the duty to deliver permits to burn acreage if the acreage has been registered under ORS 468A.615 and fees have been paid as required in ORS 468A.615. SECTION 7. ORS 468A.585 is amended to read: 468A.585. (1) The Environmental Quality Commission shall enter into a memorandum of understanding with the State Department of Agriculture that provides for the State Department of Agriculture to operate all of the { + open + } field burning program. (2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department 4f^g--r-i e-u-l-tutee-: (a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the operation and enforcement of the { + open + } field burning smoke management program. (b) May enter onto and inspect, at any reasonable time, the premises of any person conducting an open field burn to ascertain compliance with a statute, rule, standard or permit condition relating to the { + open + } field burning smoke management
program. SECTION 8. ORS 468A.590 is amended to read: 468A.590. Pursuant to the memorandum of understanding established under ORS 468A.585, the

. State Department of Agriculture: (1) Shall: (a) Conduct the smoke management program established by rule by the Environmental Quality Commission as it pertains to open field burning, propane flaming and stack or pile burning { + and to agricultural open burning that is classified as fourth priority under ORS 468A.570 + (b) Aid fire districts and permit agents in carrying out their responsibilities for administering field sanitization programs. (2) May: (a) Enter into contracts with public and private agencies to carry out the purposes set forth in subsection (1) of this section; (b) Obtain patents in the name of the State of Oregon and assign such rights therein as the State Department of Agriculture considers appropriate; (c) Employ personnel to carry out the duties assigned to it; and (d) Sell and dispose of all surplus property of the State Department of Agriculture related to smoke management, including but not limited to straw-based products produced or manufactured by the State Department of Agriculture. SECTION 9. ORS 468A.605 is amended to read:468A.605. The Department of Environmental Quality, in

coordinating efforts under ORS 468.140, 468.150, 468A.020, 468A.555 to 468A.620 and 468A.992, shall: {

- (I) Enforce all field burning rules adopted by the Environmental Quality Commission and all related statutes; and - } { + (1) Enforce all rules adopted by the Environmental Quality Commission and 

# all related statutes pertaining to open field burning and to agricultural open burning that is classified as fourth priority under ORS 468A.570; and + } (2) Monitor and prevent unlawful { + open + } field burning. SECTION 10. ORS 468A.610 is amended to read: 468A.610. (1) Except as provided under ORS 468A.620, no person shall { + conduct + } open {

- burn - } { + field burning, propane flaming or stack or pile burning + } or cause to be {

- open burned, propane flamed or stack or pile burned.- } { + conducted open field burning, propane flaming or stack or pile burning + } in the counties specified in ORS 

### 468A.595 (2), { + of + } perennial or annual grass seed crop or cereal grain crop residue, unless the acreage has been registered under ORS 468A.615 and the permits required-by ORS 468A.575, 476.380 and 478.960 have been obtained. (2) The maximum total registered acreage {

- allowed to be - } { + subject to + } open {

- burned - } { + field burning + } per year pursuant to subsection (1) of this section shall be { - . - } {

- (a) For 1991, 180,000 acres. - } (b) For 1992 and 1993, 140,000 acres. } {

- (c) For 

### 1994 and 

### 1995, 120,000 acres. - } {

- (d) For 1996 and 1997, 100,000 acres. - } {

- (e) For 1998 and thereafter, - } 40,000 acres. (3) The maximum total acreage allowed to be propane flamed under subsection (1) of this section shall be { - : - } {

- (a) In 1991 through 1997, 75,000 acres per year; and - } {

- (b) In 1998 and thereafter, - } 37,500 acres per year {

- may be propane flamed - } . (4) (a) {

- After January 1, 1998, - } Fields shall be prepared for propane flaming by removing all loose straw or vacuuming or prepared using other techniques approved by rule by the Environmental Quality Commission. (b) { After January 1, 1998, } Propane equipment shall satisfy best available technology. (5) Notwithstanding the limitations set forth in subsection (2) of this section, {

- in 

### 1991 and thereafter, - } a maximum of 25,000 acres of steep terrain and species identified by the Director of Agriculture by rule may be { + subject to + } open {

- burned - } { + field burning + } and shall not be included in the maximum total permitted acreage. (6) Acreage registered { -.to be - } { + for + } open {

- burned - } { + field burning + } under this section may be propane flamed at the registrant's discretion without reregistering the acreage. (7) In the event of the registration of more than the maximum allowable acres for open { + field + } burning in the counties specified in ORS 468A.595 (2), {

- after 1996, - } the commission, after consultation with the State Department of Agriculture, by rule or order may assign priority of permitsbased on soil characteristics, the crop type, terrain or

drainage. (8) Permits shall be issued and burning shall be allowed for the maximum acreage specified in subsection (2) of this section unless: '(a) The daily determination of suitability of meteorological conditions, regional or local air quality conditions or other burning conditions requires that a maximum number of acres not be burned on a given day; or (b) The commission finds after hearing that other reasonable and economically feasible, environmentally acceptable alternatives to the practice of annual open field burning have been developed. (9) Upon a finding of extreme danger to public health or safety, the commission may order temporary emergency cessation of all open field burning, propane flaming or stack or pile burning in any area of the counties listed in ORS 468A.595 (2). (10) The commission shall act on any application. for a permit under ORS 468A.575 within 60 days of registration and receipt of the fee required under ORS 468A.615.. The commission may order emergency cessation of open field burning at any time. Any other dee-i-s- en-r-egLrixed-under-this-see-i-on-mus-t be-made-by-the commission on or before June 1 of each year. SECTION 11. ORS 468A.615 is amended to read: 468A.615. (1)(a) On or before April 1 of each year, the grower of a grass seed crop shall register with the county court or board of. county. commissioners, the fire chief of a rural' fire protection district, the designated representative of the fire chief or other responsible persons the number of acres to be {

- open burned - } { + subjected to open field burning + } or propane' {

- flamed - } '{ + flaming,+

. } in the remainder of the year. At the time of. registration, the Department of Environmental Quality shall collect a nonrefundable fee of $2 per acre registered to be sanitized by open { + field + } burning or $1 per acre to be sanitized by propane flaming. The department may contract with counties and rural fire protection districts or other responsible persons for the collection of the fees which sha7.l

- =Iorwarded to the department. Any person registering after April 1 of each year shall pay an additional fee of $1 per acre registered if the late registration 

# is due to the. fault of the late registrant or one under the control of the late registrant. Late registrations must be approved by the department. Copies of the registration form shall be forwarded to the department. The required registration must be made and the fee paid before a permit shall be issued under ORS 468A.575. ('b) Except as provided in paragraph (d) of this subsection, the department shall collect 

## a fee in accordance with paragraph (c) of this subsection for issuing a permit for open { + field + } burning, propane flaming or stack or pile burning of perennial or annual grass seed crop or cereal grain crop residue under ORS 468A.555 to 468A.620 and 468A.992. The department may contract with counties and rural fire protection districts or other responsible persons for the collection of the fees

. which shall be forwarded to the department. (c) The fee required under paragraph (b) of this subsection shall be paid within 10 days after a permit is issued and shall be:(A) $8 per acre of crop sanitized by open { + field + }

burning in the counties specified in ORS 468A.595 (2); (B) $4 per acre of perennial or annual grass seed crop sanitized by open burning in any county not specified in ORS 468A.595 (2); (C) $2 per acre of crop sanitized by propane flaming; (D) For acreage from which 100 percent of 

## the straw is removed and burned in stacks or 

### piles: {

- (i) $2 per acre from January 1, 1992, to December 31, 1997; - } {

- (ii) $4 per acre in 1998; - } {

-- (iii) - } { + (i) + } $6 per acre in 1999; {

- (iv) -- } { + (ii) + } $8 per acre in 2000; and {

- (v)

- } { + (iii) + } $10 per acre in 2001 and thereafter; and (E) For acreage from which less than 100 percent 

### of the straw is removed and burned in stacks or piles, the same per acre as the fee imposed under subparagraph (D) of this paragraph, but with a reduction in' the amount of acreage for which the fee is charged by the same percentage as the reduction in the amount of straw to be burned. (d) The fee required by paragraph (b) of this subsection shall not be charged for any acreage where efficient burning of stubble is accomplished with equipment certified by the department for field sanitizing purposes or with any other certified alternative method to open field burning, propane flaming or stack or pile burning. The fee required by paragraph 

### (b) of this subsection shall not be charged 

### for any acreage not harvested prior to burning or for any acreage not burned. (2) All fees collected under this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the State Department of Agriculture for the purpose of. carrying out the duties and responsibilities carried out by the State Department of Agriculture pursuant to the memorandum of understanding established under ORS 468A.585. (3) It is the intention of the Legislative Assembly that the programs for smoke management, air quality monitoring and the enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992 be operated in a manner that maximizes the resources available - for



## - - tlfe - research 

## and deve



## - i

- opmrit

- program;

- Therefre! with 

## regard

to the disbursement of funds collected under subsection (1) of this section, the State Department of Agriculture. shall act in accordance with the intent of the Legislative Assembly and shall: (a) Pay an amount to the county or board of county commissioners or the fire chief of the rural fire protection district or other responsible person, for each fire protection district, $1 per acre registered for each of the first 5,000 acres registered for open field burning and propane flaming in the district, 75 cents per acre registered for each of the second 5,000 acres registered in the district and 35 cents per acre registered for all acreage registered in the district in excess of 10,000 acres, to cover the cost of and to be used solely for the purpose of administering the program of registration of acreage to be burned, issuance of permits, keeping of records and other matters directly related to agricultural { + open + } field burning. For each acre from which straw is removed andburned in stacks or piles, the State Department of Agriculture

shall pay to the county or board of county commissioners, or the fire chief of the rural fire protection district or other responsible person, 25 cents per acre, (b) Designate an amount to be used for the smoke management program. The State Department of Agriculture by contract with the Oregon Seed Council or otherwise shall organize rural fire protection districts and growers, coordinate and provide communications, hire ground support personnel, provide aircraft surveillance and provide such added support services as are necessary. (c) Retain funds for the operation and maintenance of the Willamette Valley { + open + } field burning air quality impact monitoring network and to insure adequate enforcement of rules established by the Environmental Quality

. Commission governing standards of practice for open field burning, propane flaming and stack or pile burning. (d) Of the remaining funds, designate an amount to be used for additional funding for research and development proposals described in the plan developed pursuant to section 15, chapter 920, Oregon Laws 1991, SECT-142

}F^1 ORg-46-8A-6^0 i,s-ame-nded-te-e-ad. 468A.620. (1) Notwithstanding the provisions of ORS 468A.6l0, for the purpose of improving by demonstration or investigation the environmental or agronomic effects of alternative methods of. field sanitization, the Environmental Quality Commission shall by rule allow experimental field sanitization under the direction of the Department of Environmental Quality for up to 1,000 acres of perennial grass seed crops, annual grass seed crops and grain crops in such areas and for such periods of time as it considers necessary. Experimental field sanitization includes but is not limited to: (a) Development, demonstration or training personnel in the use of special or unusual field ignition techniques or methodologies. (b) Setting aside times, days or areas for special studies. (c) Operation of experimental mobile field sanitizers and improved propane flaming devices. (d)lmproved met oc s of stack or pile burning. (2) The commission may allow open { + field + } burning under this section of acreage for which permits have not been issued under ORS 468A.61.0 if the commission finds that the experimental burning: (a) Can, in theory, reduce the adverse effects on air quality or public health from open field burning; and (b) Is necessary in order to obtain information on 

# air quality, public health or the agronomic effects of an experimental form of field sanitization. (3) The commission may, by rule, establish fees, registration requirements and other requirements or limitations necessary to carry out the provisions of this section. SECTION 13. ORS 307.400 is amended to read: 307.400. (1) Livestock, poultry, fur-bearing animals and bees are exempt from ad valorem taxation. (2) All inventory shall be exempt from ad valorem taxation. (3) As used in subsection (2) of this section, 'inventory means the following tangible personal property: (a) Farm machinery and equipment used primarily in thepreparation of land, planting, raising, cultivating, irrigating,

harvesting or placing in storage of farm crops
, ; or (b) Farm machinery and equipment used primarily for the purpose of feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or bees or for dairying and the sale of dairy products; or (c) Farm machinery and equipment used primarily in any other agricultural or horticultural use or animal husbandry or any combination thereof; or (d) Items of tangible personal property,'including but not limited to, tools, machinery and equipment, owned by or in the possession or under the control of the taxpayer that are used by the taxpayer predominantly in the construction, reconstruction, maintenance, repair, support or operation of that farm machinery,

equipment and other real and personal farm improvements, that
are: (A) Owned by or in the possession or under the control of the taxpayer; and (B) Used primarily in the animal husbandry, agricultural or horticultural activities, or combination of animal husbandry, agricultural or horticultural activities, carried on by the taxpayer; or (e) Center pivots, wheel lines, movable set lines; or (f) Items of tangible personal property described as materials, supplies, containers, goods in process, finished goods and other personal property owned by or in possession of the taxpayer, that are or will become part of the stock in trade of the taxpayer held for sale in the ordinary course of business. (4) As used in this section: (a) 'Center pivot' means a piece of self-propelled machinery that rotates around a riser for the purpose of sprinkling a circular tract of land. 'Center pivot' includes all of the component parts of the center pivot irrigation

- system that are ordinarily located above the ground on the land to be irrigated and that can be disconnected from the riser and moved to another point. A center pivot constitutes personal property. (b) 'Center pivot irrigation system' means an irrigation system that uses pumping stations and pipelines to convey water from its source to a riser to which a center pivot may be connected and used for sprinkling. (c) 'Riser' means a pipe located in the field to be irrigated that rises vertically up through the surface of the ground. (5) The following are exempt from ad valorem taxation: (a) Frost control systems used in agricultural or horticultural activities carried on by the farmer. (b) Trellises used for hops, beans or fruit or for other agricultural or horticultural purposes. (c) Hop harvesting equipment, including but not limited to, hop pickers. (d) Oyster racks, trays, stakes and other in-water structures used to raise bivalve mollusks. (e) Equipment used for the fresh shell egg industry that is directly related and reasonably necessary to produce, prepare, package and ship fresh shell eggs from the place of origin to market, whether bolted to the floor, wired or plumbed to interconnected equipment, including, but not limited to, grainbins, conveyors for transporting grain, grain grinding machinery,

feed storage hoppers, cages, egg collection conveyors and equipment for washing, drying, candling, grading, packaging and shipping fresh shell eggs. (6) There shall be exempt from ad valorem taxation the radio communications equipment, meteorological equipment and other personal property used in connection with the operation of the { + open + } field burning smoke management program established under ORS 468A.555 to 468A.620 and 468A.992.

### Page 1 of]

Open burning rule discussion DOWNING Kevin
to: Donna Deneen 08/28/2009 10:41 AM Cc: "FINNERAN Brian", "COLLIER David" Hide Details From: "DOWNING Kevin" <DOWNING.Kevin@deq.state.or.us > To: Donna Deneen/R10/USEPA/US a EPA, Cc: "FINNERAN Brian" <FINNERAN.Brian@deq.state.or.us >, "COLLIER David" <COLLIER.David a)deq.state.or.us > History: This message has been forwarded. 1 Attachment

DEQst"tutesumm.doc

Donna,

I have been busy this week and out of the office a lot, so am disappointed that we didn't actually get a chance to meet and talk when you were in town. Well we actually did see each other, so I suppose that is something.

Take a look at this as a further explanation of the issues we have been discussing about the relationship between our open burning rules and authority to regulate agricultural burning. Of course, let's discuss any remaining issues.

Kevin Downing Oregon DEQ 811 SW 6th Avenue Portland, Oregon 97204

503.229.6549 503.229.5675 fax
Is it necessary to print this e-mail?



### file://C:\UsersIDDENEEN\AppDatalLocal\Templnotes 1425421-web9038.htm 12/i 8/2012

### SUMMARY OF OREGON AGRICULTURAL BURNING STATUTES AND DEQ REGULATORY AUTHORITY

OREGON REVISED STATUTES (ORS)


### Under 468A.020(1), "agricultural operations are exempt from DEQ's 

### air pollution laws." However, this exemption does not include " field burning which shall be subject to regulation pursuant to ORS...468A.550 to 468A.620." These are referred to as the field burning statutes.

• Agricultural operations are defined in DEQ 

### burning rules as "an activity on land currently used or intended to be used primarily for the purpose of obtaining a profit in money by raising, harvesting and selling of crops...."
468A.560 expressly limits the applicability of the field burning statutes to the burning of grass seed or cereal grain crop residues in the Willamette Valley. It should be noted that there is no mention ofgei2eral "agricultural burning " in this statute or in any of the field burning statutes.
In the field burning statutes, under 468A.570(2), it states that a schedule shall be prepared that gives "first priority to the burning of perennial grass seed crops", " second priority to annual grass seed crops", "third priority to grain crop burning, and "and fourth priority to all other burning".

• DEQ's interpretation of 468A.570(2) for many years (prior to 1996) was that "all other burning " was intended to cover general agricultural burning (in the Willamette Valley). From a smoke management standpoint, the objective would be to avoid any other agricultural burning on days when field burning was being conducted. It was believed the intent of this statute was to make general agricultural burning a lower priority than field burning, and give DEQ the authority and ability to control other agricultural burning 

## on field burning days.

In 1996, DEQ's attorney provided a legal opinion on DEQ's statutory authority to regulate the burning of mint and strawberry stubble, which falls under the category of agricultural burning. In that opinion, the attorney stated that the controlling statutes are confusing and inconsistent, and advised us that DEQ may not have the clear authority to regulate this type of agricultural burning. To resolve this uncertainty, DEQ introduced legislation in 1999 to clarify the statutes regarding DEQ's authority over agricultural burning. The result of this effort was unsuccessful. No statutory changes were made. Note: an amendment to the bill


## was adopted and passed into law that explicitly exempted Christmas tree agricultural burning from any regulation.
As a result of the 1999 legislative session, DEQ's Open Burning Rules were revised to remove language prohibiting and restricting agricultural burning during the summer months in those counties located in the Willamette Valley. Other revisions were made to

### general provisions sections of the Open Burning Rules that removed any references to

agricultural burning, and to sections referencing agricultural burning in other counties outside the Willamette Valley. DEQ's revised rules clarified that that none of DEQ rules applied to agricultural burning. Note: the general provisions address basic conditions

. and restrictions that apply to all open burning. They included general provisions that applied to agricultural burning, which based on DEQ's legal opinion and the outcome of the 1999 . legislative session, should be removed to be fully consistent with 468A.020(1) . This revision was not the same as the revisions to the rules for the Willamette Valley counties, which removed actual language prohibiting agricultural burning " between July 15 and September 15, unless specifically authorized by the Department on a particular day."
In 2007, legislation introduced by DEQ (SB 235), successfully resulted in an amendment to 468A.020 that allows DEQ to regulate agricultural burning "if necessary to meet Clean Air Act requirements".
As a result, currently DEQ has the authority to regulate agricultural burning anywhere in the state, providing justification can be provided that explains why regulating is necessary to meet the CAA. No new rules are being proposed at this time to do so.
The rule change in regards to agricultural burning presented as part of this SIP revision was made to align the program with the statutory authority provided to the Department to implement its programs at the time and is not a relaxation.