### ATTACHMENTS

Attachment 1: Evidence the state has adopted the revision

Staff Report, Agenda Item O of the March 19

- 20, 2014, EQC meeting with addendum. Also see Certificate and Order for Filing Permanent

Administrative Rules in Attachment 4.2

Attachment 2: Evidence that the state has the necessary legal authority

For the legal authority, see page 7 of Attachment 1

Attachment 3: Provisions submitted for approval

3.1 Amended rules

3.1a General Air Pollution Procedures and Definitions: OA R 340

- 200

- : 0040. Effective March 31, 2014

3.1b Lane Regional Air Protection Agency Open Burning Title 47. Effective March 31, 2014

3.2 Redline strikeout version of amended rules

3.2a General Air Pollution Procedures and Definitions: OAR 340

- 200

- : 0040. Effective March 31, 2014

3.2b Lane Regional Air Protection Agency Open Burning Title 47. Effective March 31, 2014

Attachment 4: Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bu lletin, January 1, 2014, publication

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed March 31, 2014 and effective March 31, 2014

Attachment 5: Evidence of adequate public notice

5.1 Affidavit of Publication: Oregonian, December 18, 2013 edition

5.2 Affidavit of Publication: The Register Guard, December 18, 2013

editionAttachment 6: Certification of public hearing

For certification of the public hearing, see the cover let ter and page 13 of

Attachment 1

Attachment 7: Compilation of public comment and department's response

No public comments were received.

For the Presiding Officer's record for rulemaking hearings on January 22, 2014, see page 13 of Attachment 1

## Attachment 1

Evidence the state has adopted the revision

Staff Report, Agenda Item O of the March 19-20, 2014, EQC meeting with addendum. Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2Incorporate Lane Regional Air Protection Agency Rules for open burning into State Implementation Plan



### DEQ recommendation to the EQC

DEQ recommends that the Environmental Quality Commission:

Adopt the proposed rules in Attachment A as part of chapter 340 of the Oregon Administrative Rules. Approve incorporating these rule amendments into the Oregon Clean Air Act State
Implementation Plan under OAR 340-200-0040.



### Overview

Short summary

DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for open burning into Oregon’s State Implementation Plan in Oregon Administrative Rule 340 -200-0040. The LRAPA Board of Directors adopted open burning rules revisions in an effort to meet federal air quality standards for fine particulate matter, to bring LRAPA in line with state rules and better coordinate with state and federal requirements. LRAPA revised its rules to:

 Clarify when and where small recreational fires such as patio fireplace could occur and identify acceptable fuels for these fires,

 Include Hazeldell and Siuslaw Rural Fire Protection Districts in the special open-burning control area at the districts’ request,

 Allow daily end time on burn days to be set earlier than sunset,

 Restrict the open burning season in the outlying areas of Lane County, and

 Correct the meaning of the LRAPA acronym to Lane Regional Air Protection Agency.

Brief history

LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. Funding sources for LRAPA include dues from Lane 

## Oregon Department of Environmental Quality

MARCH 19

- 20, 2014 Oregon Environmental Quality Commission Meeting

Rulemaking Action Item: OCounty and cities in Lane County and fees from industrial and other permitted sources.

Additionally, LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

On March 14, 2008, the LRAPA Board of Directors adopted the Title 47 open burning rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements.

The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan that EQC adopts under OAR 340-200-0040 and EPA approves. EQC reviews LRAPA rules to determine if they comply with state law and the Clean Air Act. If they comply, EQC approves the LRAPA rules and revisions to OAR 340-200-0040 and directs DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

Typically, DEQ presents LRAPA rules to EQC for consideration immediately upon adoption by the LRAPA board. EPA’s public notice requirements are above and beyond Oregon’s requirements and several years ago, DEQ and LRAPA held a joint public notice that met Oregon requirements, but determined that process did not meet EPA’s requirements for State Implementation Plan rules. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

Regulated parties

This proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008. The 2008 rules affect residential open burning in Lane County.

### Stringency Review and Authorization

### c

### Statement of need

What need is DEQ trying to address?

For LRAPA and the state to maintain compliance with the Clean Air Act, EQC must review LRAPA’s rules and, if EQC concludes that the rules comply with state law and the Clean Air Act, approve the rules and direct DEQ to submit them to EPA for approval and incorporation, as appropriate, into the federally-approved State Implementation Plan. The State Implementation Plan does not contain the rules provided at the end of this document, which were adopted by the LRAPA Board of Director’s in 2008. LRAPA adopted changes to its Title 47 open burning rules in an effort to meet federal particulate standards for PM2.5.

Lane County records the highest levels of PM2.5 from November through February. LRAPA adopted changes to its Title 47 open burning rules to prohibit all open burning within the Eugene-Springfield maintenance area during this period to reduce the potential that areas of Lane County could exceed federal particulate standards for PM2.5. LRAPA’s old open burning rules did not adequately address small recreational fires or accommodate the Hazeldell and Siuslaw Rural Fire Protection Districts request to be included in the special open-burning control area. Some definitions were not clear or no longer met the current conditions.

Open burning and backyard burning are major sources of air pollution complaints that LRAPA receives and result in a significant portion of the monthly LRAPA enforcement cases. Open burning complaints were consistently less than 100 per year during 1990-2000 and steadily increased to an average of over 300 per year during 2007-2008.

How would the proposed rule address the need?

LRAPA’s open burning rules provide a consistent basis for complaint response and help prevent public nuisances and violations of PM2.5 National Ambient Air Quality Standards in Lane County.

How will DEQ know the need has been addressed?

The open burning control program will continue to require LRAPA’s diligent implementation to minimize air pollution impacts and nuisances. Indicators of the success of this program will be attainment and maintenance of PM10 and PM2.5 air quality health standards, reduced impacts of residential open burning on neighbors and fewer public complaints.

If EQC adopts the proposed rule, DEQ would submit the rule to EPA to update the federallyapproved State Implementation Plan. DEQ will know the goals of this rulemaking have been addressed when EPA reviews and approves the changes to the State Implementation Plan.

Request for other options

During the public comment period, DEQ requested public comment on whether to consider other options for achieving the rule's substantive goals while reducing negative economic impact of the

rule on business.

### Rules affected, authorities, supporting documents

Lead division Program or activity

Air Quality Division State Implementation Plan

Chapter 340 action

Amend OAR 340

- 200

- 0040

Statutory authority

ORS 468.020, 468A.035, 468A.135

Other authority

LRAPA Title 13 General Duties and Powers of Board and Director

LRAPA Title 14 Rules of Practice and Procedure

Statute implemented Legislation

ORS 468 and 468A

Documents relied on for rulemaking ORS 183.335(2)(b)(C)

Document title Document location LRAPA Title 47 Open burning rules adopted March 14, 2008 Provided at the end of this document

LRAPA Board of Directors Meeting, March 14, 2008, Item 4: Adoption of Title 47 amendments DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204 Oregon Administrative Rules for Open Burning

- Chapter 340 Division 264 http://arcweb.sos.state.or.us/pages/rules/oars_300/oa r_340/340_264.html

Letter from DEQ to LRAPA, July 20, 2007, Stringency review of Title 47

amendments DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204

Letter from DEQ to LRAPA, November 22, 2013, P roposal to incorporate Lane Regional Air Protection Agency rules into the State Implementation Plan and stringency review of LRAPA’s rules DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204

### Fee Analysis

This rulemaking does not involve fees.



### Statement of f iscal and economic impact ORS 183.335 (2)(b)(E)

Fiscal and Economic Impact

The proposed rule has no significant fiscal or economic impact. This proposal involves minor clarifications and updates that primarily affect residential open burning in Lane County.

In 2008, LRAPA ’s original analysis determined that the rule amendments have no significant fiscal or economic impact. In 2013, DEQ in consultation with LRAPA reevaluated the proposed rule and DEQ determined LRAPA’s original analysis is reasonable and still correct considering events that have occurred since 20 08

.

Statement of Cost of Compliance

Impacts on public

There is no significant fiscal or economic impact on the general public.

Impact on other government entities other than DEQ

a. Local governments No significant impact, including LRAPA

b. State agencies No significant impact

Impact on DEQ

There is no significant fiscal or economic impact on DEQ.

Impact on large businesses (all businesses that are not small businesses below)

This proposal primarily affects residential open burning in Lane County and would have no significant fiscal or economic impact on large businesses.

Impact on small businesses (those with 50 or fewer employees) ORS 183.336

This proposal primarily affects residential open burning in Lane County and would have no significant fiscal or economic impact on small businesses.

a) Estimated number of small businesses and types of businesses and industries with small businesses subject to proposed rule. This proposal does not affect small businesses.

b) Projected reporting, recordkeeping and other administrative activities, including costs of professional services, required for small businesses to comply with the This proposal does not affect small businesses; therefore, no additional activities apply to small

businesses.proposed rule.

c) Projected equipment, supplies, labor and increased administration required for small businesses to comply with the proposed

rule. This proposal does not affect small businesses; therefore, small businesses do not need additional resources to comply.

d) Describe how DEQ involved small businesses in developing this proposed rule. This proposal does not affect small businesses; therefore, small businesses were not involved in developing this proposal.

Documents relied on for fiscal and economic impact

Document title Document location LRAPA Title 47 Open burning rules adopted March 14, 2008 Provided at the end of this document

LRAPA Board of Directors Meeting, March 14, 2008, Item 4: Adoption of Title 47 amendments DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204 Oregon Administrative Rules for Open Burning

- Chapter 340 Division 264 http://arcweb.sos.state.or.us/pages/rules/oars_300/oa r_340/340_264.html

Letter from DEQ to LRAPA, July 20, 2007, Stringency review of Title 47

amendments DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204

Letter from DEQ to LRAPA, November 22, 2013, P roposal to incorporate Lane Regional Air Protection Agency rules into the State Implementation Plan and stringency review of LRAPA’s rules DEQ Headquarters

811 SW 6 th Avenue Portland, OR 97204

Advisory committee

DEQ did not appoint an advisory committee. LRAPA followed appropriate requirements for rulemaking when it adopted its rules.

Housing cost

To comply with ORS 183.534 , DEQ determined the proposed rule would have no effect on the development cost of a 6,000-square-foot parcel and construction of a 1,200-square-foot detached, single-family dwelling on that parcel. EQC adoption of OAR 340-200-0040 would authorize DEQ to submit LRAPA rules to EPA for incorporation into the State Implementation Plan. Any affects of LRAPA’s rules on residential open burning apply to Lane County and occurred when LRAPA adopted the rules.

### Federal relationship

"It is the policy of this state that agencies shall seek to retain and promote the unique identity of Oregon by considering local conditions when an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attempt to adopt rules that correspond with equivalent federal laws and rules..." ORS 183.332

Relationship to federal requirements

This section complies with OAR 340-011-0029 and ORS 468A.327 to clearly identify the relationship between the proposed rule and applicable federal requirements.

The proposed rule is “in addition to federal requirements.”

The 2008 LRAPA rules help to reduce the potential that areas of Lane County could exceed federal particulate standards for PM2.5. There are no federal rules applicable to open burning. LRAPA’s 2008 open burning rules are an element of the State Implementation Plan that is a

fe derally approved and enforceable strategy outlining how Oregon will meet federal air quality standards to protect public health and the environment.

What alternatives did DEQ consider if any?

A total ban on open burning was not considered feasible in an area as diverse as Lane County. Open burning is recognized as an important tool for disposal of yard debris and reducing overall fire danger, especially on larger acreages in more rural areas of Lane County.

### Land use

“It is the Commission's policy to coordinate the Department's programs, rules and actions that affect land use with local acknowledged plans to the fullest degree possible.” ORS 197.180

, OAR 018- 0010

Land -use considerations

To determine whether the proposed rule involves programs or actions that are considered a land-use

action , DEQ considered:

 Statewide planning goals for specific references. Section III, subsection 2 of the DEQ State Agency Coordination Program document identifies the following statewide goal relating to DEQ's authority:

Goal Title 5 Open Spaces, Scenic and Historic Areas, and Natural Resources 6 Air, Water and Land Resources Quality

11 Public Facilities and Services

16 Estuarial resources

19 Ocean Resources

 OAR 340-018-0030 for EQC rules on land-use coordination. Division 18 requires DEQ to determine whether the proposed rule will significantly affect land use. If yes, how will DEQ:

o Comply with statewide land-use goals, and

o Ensure compatibility with acknowledged comprehensive plans, which DEQ most commonly achieves by requiring a Land Use Compatibility Statement

.

 DEQ’s mandate to protect public health and safety and the environment.

 Whether DEQ is the primary authority that is responsible for land-use programs or actions in the proposed rule.

 Present or future land uses identified in acknowledged comprehensive plans.

Determination

DEQ determined that the proposed rule, OAR 340-200-0040, do es not affect existing rules, programs or activities that are considered land-use programs and actions in OAR 340-018-0030 or in the DEQ State Agency Coordination Program. LRAPA’s rules are consistent with land use in applicable Lane County land use plans.

### Stakeholder and public involvement

Advisory committee

DEQ did not convene an advisory committee. LRAPA followed appropriate requirements for rulemaking when it adopted its rules.

EQC prior involvement

DEQ shares general rulemaking information with EQC through the monthly Director’s Report. DEQ did not present additional information specific to this proposed rule revision.

Public notice

On Aug. 20, 2013, DEQ sent the notice to EPA.

On Dec. 18, 2013, DEQ:

 Posted notice on DEQ’s webpage http://www.oregon.gov/deq/RulesandRegulations/Pages/2013/LRAPAOB.aspx

.

 E-mailed notice to:

- 5,808 interested parties through GovDelivery

- 311 interested parties and stakeholders provided to DEQ by LRAPA

- The following key legislators required under ORS 183.335 :

o Jules Bailey, Chair, House Energy and Environment Committee

o Michael Dembrow, Chair, Senate Environment and Natural Resources

Committee

- Member s of LRAPA’s advisory committee

- Members of LRAPA’s Board of Directors

 Mailed the notice by U.S. Postal Service to 209 interested parties.

 Published legal advertisement in the following newspapers:

o Oregonian

o Register Guard

The January 2014 Oregon Bulletin published the Notice of Proposed Rulemaking with Hearing.

Public hearings and comment

DEQ received no public comments. DEQ held one public hearing on the evening of Jan. 22, 2014. DEQ authorized LRAPA to act as hearings officer for the public hearing.Presiding Officer s’ Re cord

Presiding Officer Report Date : Jan. 28, 2014

Hearing

Location 1010 Main Street, Springfield, Oregon 97477

Date Jan. 22, 2014

Time Convened 5:30 p.m. Closed 6 p.m.

Presiding Officer Merlyn Hough, Director, LRAPA

Two people attended the hearing and no one provided comment.

At 5:45 p.m. before taking comments, the presiding officer summarized procedures for the hearing including notification that DEQ was recording the hearing. The presiding officer asked people who wanted to present verbal comments to complete, sign and submit a registration form to indicate their intent to present comments.

According to Oregon Administrative Rule 137-001-0030 , the presiding officer summarized the content of the notice given under Oregon Revised Statute 183.335 . This summary took about 10 minutes and included responses by the presiding officer and Max Hueftle, LRAPA’s Permit Section

Ma nager, to questions about the rulemaking.

Close of public comment period

The comment period closed on Jan. 27, 2014 at 5 p.m.

### Implementation

Notification

The proposed rules would become effective upon filing with the Secretary of State, approximately March 21, 2014. DEQ will notify Lane Regional Protection Agency by email.

Compliance and enforcement

 Affected parties

–

The regulations do not change the regulated parties or requirements for regulated parties.

 DEQ staff

–

DEQ would submit the rules to the U.S. Environmental Protection Agency as a revision to the Oregon State Implementation Plan.



### Five

- year review

Requirement ORS 183.405

The state Administrative Procedures Act requires DEQ to review new rules within five years of the date the EQC adopts the proposed rules. Though the review will align with any changes to the law in the intervening years, DEQ based its analysis on current law.

Exemption from five-year rule review

The Administrative Procedures Act exempts all of the proposed rules from the five-year rule review because the proposed rules would amend or repeal an existing rule. ORS 183.405 (4)Item O: Oregon SIP update for LRAPA rules Addendum

March 1 9 -20, 2014, EQC meeting Page 1 of 1

Addendum to DEQ recommendation to the EQC in the staff report

DEQ recommends that the Environmental Quality Commission:

(1) Finds that the LRAPA rules are no less strict than any rule or standard of the Commission;

(2) Approves the LRAPA rules under ORS 468A.135(2);

(3) Adopts the proposed amendment to OAR 340-200 -0040 in Attachment A to incorporate the proposed rules into the Oregon Clean Air Act State Implementation Plan;

and

(4) Directs DEQ to submit the SIP revision to the U.S. Environmental Protection Agency for approval.

## Attachment 2

Evidence that the state has the necessary legal authority

For the legal authority, see page 7 of Attachment 1

## Attachment 3

Provisions submitted for approval

3.1 Amended rules

3.1a General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. Effective March 31, 2014

3.1b Lane Regional Air Protection Agency Open Burning Title 47. Effective March 31, 2014

3.2 Redline strikeout version of amended rules

3.2a General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. Effective March 31, 2014

3.2b Lane Regional Air Protection Agency Open Burning Title 47. Effective March 31, 2014DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS

General

340 -200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains control strategies, rules and standards prepared by DEQ and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission’s rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified by the Commission on March 20, 2014

.

(3) Notwithstanding any other requirement contained in the SIP, DEQ may:

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the federally-approved SIP as a source-specific SIP revision after DEQ has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP

revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. If any provision of the federally approved Implementation Plan conflicts with any provision adopted by the Commission, DEQ shall enforce the more stringent provision.

Stat. Auth.: ORS 468.020 & 468.065, 468A.035 & 468A.070 Stats. Implemented: ORS 468A.035

, 468A.135LANE REGIONAL AIR PROTECTION AGENCY

TITLE 47

Open Burning

Open burning in compliance with the rules in this Title 47 does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order, or decree of this or any other governmental entity having jurisdiction.

Section 47-001 General Policy

In order to restore and maintain Lane County air quality in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the County, it is the policy of the Lane Regional Air Protection Agency to eliminate open burning disposal practices where alternative disposal methods are feasible. As a result, all open burning is prohibited in Lane County except as expressly allowed by these rules or if exempted from these rules by Oregon Statute. Contained in these rules are the requirements for the open burning of residential, construction, demolition, commercial, and industrial waste, and forest slash waste on properties outside the Oregon Smoke Management Plan.

Section 47-005 Exemptions from These Rules

1. Statutory exemptions. Due to Oregon statutory exemptions, these rules shall not apply to the following:

A. The operation of residential barbecue equipment for the purpose of cooking food for

human consumption, except that materials described in Section 47-015 -1.E shall not be

used as fuel.

B. Fires set or permitted by any public agency in the performance of its official duty for

the purpose of weed abatement, prevention or elimination of a fire hazard, a hazard to public health or safety, or for the instruction of employees in the methods of fire fighting.

C. Agricultural open burning.

D. Open burning on forest land permitted under the Oregon Department of Forestry

(ODF) Smoke Management Plan filed with the Secretary of State.

2. Other exemptions.

A. Recreational fires, set for recreational purposes in designated recreational areas (such as parks, recreational campsites, and campgrounds, and on private property). Prohibited materials listed in Section 47-015-1.E, woody yard trimmings, leaves andgrass clippings shall not be burned. Within the Eugene/ Springfield Urban Growth Boundary and within the city limits of Oakridge, these fires are prohibited on Yellow and Red Home Wood Heating Advisory days set by LRAPA during the months of November, December, January, and February. [NOTE: LOCAL ORDINANCES FROM MUNICIPALITIES, RULES FROM LOCAL FIRE DISTRICTS, AND

RULES FROM OREGON DEPARTMENT OF FORESTRY AND STATE FIRE MARSHAL MAY BE MORE PROHIBITIVE.]

B. Outdoor barbecuing , when food is cooked by a fire that is sized proportionally to the amount of food being cooked, connected to a group outing, festival, fair or similar occasion, is allowed, except that prohibited materials listed in Section 47-015 -1.E and commercial, industrial, construction, and demolition waste shall not be burned.

C. Religious ceremonial fires are allowed.

Section 47-010 Definitions

The following definitions apply to this title, and additional general definitions can be found in Title 12 of these Rules and Regulations.

• "Agricultural open burning" means the open burning of vegetative "agricultural wastes," which are materials actually generated or used by an agricultural operation.

• "Agricultural operation" means 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 the sale of crops or by the raising and sale of livestock or poultry, or the produce thereof, which activity is necessary to serve that purpose. It does not include the construction and use of dwellings or structures customarily provided in conjunction with the agricultural operation.

• "Agricultural waste" means any vegetative material actually generated or used by an agricultural operation but excluding those materials described in Section 47-015 -1.E.

• “Bonfire” means a controlled outdoor fire held for celebratory, ceremonial, or entertainment

purposes.

• "Commercial open burning" means the open burning of "commercial wastes, "which are materials actually generated or used by a commercial operation including removed and transported materials, and excluding those materials described in Section 47-015 -1.E..

• "Construction open burning" means the open burning of "construction wastes," which are materials actually resulting from or produced by a building or construction project

, excluding those materials described in Section 47-015 -1.E. The open burning of construction waste materials which are actually resulting from or produced by a building or construction project, excluding those materials described in Section 47-015 -1.E., that are transported from tax lot of origin is Commercial open burning.• "Demolition open burning" means the open burning of "demolition wastes," which are

materials actually resulting from or produced by the complete or partial destruction or tearing down of any man-made structure or the clearing of any site, or land clearing for site preparation for development, excluding those materials described in Section 47-015 -1.E. The open burning of demolition waste materials which are actually resulting from or produced by the complete or partial destruction or tearing down of any man-made structure or the clearing of any site, or land clearing for site preparation for development, excluding

those materials described in Section 47-015 -1.E., that are transported from tax lot of origin is Commercial open burning.

• "Eugene-Springfield Urban Growth Boundary (ESUGB)" means the area within and aroundthe cities of Eugene and Springfield, as described in the currently acknowledged EugeneSpringfield Metropolitan Area General Plan, as amended.

• "Forest slash open burning" means burning of vegetative debris and refuse on forest land related to the growing and/or harvesting of forest tree species where there is no change in the use of the land from timber production. Forest slash open burning does not include burning for commercial or individual use, or for any other type of land clearing not related to the growing and harvesting of forest tree species.

• "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.

• "Industrial open burning" means the open burning of "industrial wastes," which are materials produced as a direct result of any manufacturing or industrial process, excluding

those materials described in Section 47-015 -1.E.

• "Land clearing" means the removal of trees, brush, logs, stumps, debris, or man-made structures for the purpose of site clean-up or site preparation.

• "Leaves" means needle or leaf materials which have fallen from trees, shrubs, or plants on the property around a dwelling unit.

• “Nuisance” means a substantial and unreasonable interference with anothers’ use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public. (See Title 12 of these Rules and Regulations)

• "Open burning" includes burning in open fires, burn barrels, incinerators which do not meet emission limitations specified in Title 30 of these Rules and Regulations, and any other outdoor burning which occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

• “Recreational fire” means a small fire (combustible pile no larger than 3 feet in diameter and 2 feet in height), limited to cooking fires, and campfires, or fires lit in Chimineas, patio fireplaces, fire pits, or other similar devices using charcoal, natural gas, propane, manufactured firelogs, or clean dry natural firewood as fuel, and which occurs in designated areas on public lands or on private property. The fire cannot serve as a disposal fire forwaste materials, including woody yard trimmings, leaves, and grass clippings, or materials

listed in 47-015 -1.E.

• “Religious ceremonial fire” means a controlled outdoor fire, integral to a religious ceremony or ritual. Prohibited materials listed in Section 47-015 -01.E shall not be burned.

• "Residential open burning" means the open burning of clean, woody yard trimmings which are actually generated in or around a dwelling for four (4) or fewer family living units. Once this material is removed from the property of origin it becomes commercial waste. Such materials actually generated in or around a dwelling of more than four (4) family living units are commercial wastes.

• "Responsible person" means each person who is in ownership, control, or custody of the property on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or custody of the materials which are burned; or any person who causes or allows open burning to be initiated or maintained.

• "Salvage," as used in open burning rules, means the recovery, processing or use of woody debris for purposes including, but not limited to, energy production (such as fire wood or fuel), fiber production (such as soil amendments or mulch), or as a raw material for chemical or manufacturing processes.

• "Woody Yard Trimmings" means woody limbs, branches and twigs, with any attached leaves, which have been cut from or fallen from trees or shrubs from the property around a dwelling unit.

Section 47-015 Open Burning Requirements

1. General requirements

-- to be met by all open burning conducted in accordance with these Rules and Regulations:

A. All open burning shall be constantly attended by a responsible person or an expressly authorized agent, until extinguished.

B. It shall be the duty of each responsible person to promptly extinguish any burning which is in violation of any rule of the LRAPA Board or of any permit issued by the Agency

.

C. No person shall cause, or allow to be initiated or maintained, any open burning which is prohibited by the burning advisory issued by the Agency.

D. No person shall cause, or allow to be initiated or maintained, any open burning which

creates a nuisance or a hazard to public safety.

E. No person shall cause, or allow to be initiated or maintained, open burning of any garbage, plastics, wire insulation, automobile parts, asphalt, petroleum by-products,petroleum-treated materials, rubber products, animal remains,; or of any other material which normally emits de nse smoke, noxious odors, or hazardous air contaminants.

F. To promote efficient burning and prevent excessive emissions of smoke, each responsible person shall assure that all combustible material is dried to the extentpracticable and loosely stacked or windrowed to eliminate dirt, rocks and other noncombustible materials; and periodically restack or feed the burning pile to enhance

combustion.

G. No person shall cause, or allow to be initiated or maintained, any open burning at any solid waste disposal site unless authorized by a Solid Waste Permit issued pursuant to

OAR 340-94 -040 . The Agency shall be notified by the responsible person prior to such burning.

H. All burning shall be conducted in accordance with local fire safety regulations, including required minimum distances from structures.

2. Residential Open Burning Requirements

The residential open burning season is October 1 through June 15, with the following

restrictions:

A. Residential open burning is allowed only on approved burning days, between sunrise and sunset, with a valid fire permit (if required by fire district). The start and end

times for burning vary and are set as part of the daily burning advisory.

B. All open burning is prohibited within the Eugene city limits.

C. All open burning is 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.

D. Within the ESUGB, burning is prohibited if required by local fire codes.

E. Residential open burning outside the city limits of Eugene and Springfield but within the Eugene-Springfield Urban Growth Boundary is prohibited 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.

F. Residential open burning of woody yard trimmings, leaves and grass clippings is

allowed on approved burn days from October 1 through June 15 within the fire districts

identified below:

(1) Bailey-Spencer RFPD (2) Coburg Fire District (3) South Lane County Fire & Rescue (4 ) Dexter RFPD west of the Willamette Meridian(5 ) Eugene RFPD #1

(6 ) Goshen Fire District

(7) Hazeldell RFPD (8 ) Junction City RFPD (9 ) Lane County Fire District #1 (1 0 ) Lane Rural Fire & Rescue outside the ESUGB (1 1 ) Lowell RFPD (1 2 ) Mohawk Valley RFPD (1 3 ) McKenzie Fire & Rescue outside the ESUGB (1 4 ) Monroe RFPD, that portion within Lane County (1 5 ) Oakridge Fire & EMS (1 6 ) Pleasant Hill RFPD (1 7 ) Santa Clara Fire District outside the ESUGB (18) Siuslaw Valley Fire & Rescue (19) Westfir Fire Department (20) Willakenzie RFPD (21) Zumwalt RFPD

G. Residential open burning of woody yard trimmings, leaves, and grass clippings is allowed in Lane County, outside of the affected areas defined in 47-015-2.B through F of this section, on approved burn days from October 1 through June 15.

(Note: Some fire districts require burning permits. Fire districts may restrict burning whenever fire danger dictates. Persons wishing to conduct residential open burning should check first with their fire district.)

H. Failure to conduct residential open burning in accordance with this section is a violation of these rules and may be cause for assessment of civil penalties. Citations will be issued by authorized enforcement agents to responsible person(s) where residential open burning rules are violated pursuant to this section.

3. Construction/Demolition Open Burning Requirements

A. Construction/demolition open burning is prohibited inside the ESUGB.

B. Construction/demolition open burning is prohibited inside the affected areas described

in 47-015 -2.F, unless authorized pursuant to Section 47-020.

C. Construction/demolition open burning is allowed elsewhere in Lane County, subject to the general requirements of Section 47-015-1.

4. Commercial Open Burning Requirements

A. Commercial open burning is prohibited inside the ESUGB.

B. Commercial open burning is prohibited elsewhere, unless authorized pursuant to

Section 47-020.

5. Industrial Open Burning RequirementsA. Industrial open burning is prohibited inside the ESUGB.

B. Industrial open burning is prohibited elsewhere, unless authorized pursuant to Section

47 -020

.

6. Forest Slash Open Burning

A. Forest slash open burning in areas covered by the Oregon Smoke Management Plan is regulated by the ODF pursuant to ORS 477.515.

B. Forest slash open burning in Lane County which is in areas outside the Oregon Smoke Management Plan is treated by LRAPA as follows:

(1) Forest slash open burning is prohibited inside the ESUGB.

(2) Forest slash open burning is prohibited inside the affected areas described in

47 -015 -2.F, unless authorized pursuant to Section 47-020.

(3) Forest slash open burning elsewhere in Lane County, on properties which are not covered by the ODF Smoke Management Plan, is prohibited unless authorized pursuant to Section 47-020.

(4) Forest slash open burning will be coordinated with the ODF South Cascade and Western Lane districts and will occur as consistently as possible with slash burning advisories issued by the ODF.

(5) A written plan is required under the Forest Practices Act (ORS 527) when burning

is to be conducted:

(a) within 100 feet of type D or F streams (domestic water supply or fishbearing streams), lakes or significant wetlands (see OAR 629-605

- 0170(1)(a) and 629-615 -0300(3) );

(b) within 300 feet of protected resources listed under OAR 629-605 -170(1)(b), (c), and (d); or

(c) on highly erosive soils.

The ODF should be contacted for all Forest Practices Act requirements.

Section 47-020 Letter Permits

1. Open burning of commercial, industrial, construction, demolition, or forest slash wastes on a singly occurring or infrequent basis, which is otherwise prohibited, and a bonfire held for a single event, may be permitted by a letter permit issued by the Agency in accordance with this rule and subject to the general requirements in Section 47-015 -1.2. Prescribed burning of standing vegetation for the purpose of species or wetland conversion,

pursuant to federal or state laws or programs to promote or enhance habitat for indigenous species of plants or animals, which is otherwise prohibited, may be permitted by a letter permit issued by the Agency in accordance with section 47-020. These permits require a permit fee of $100.

3. Prior to any burning, the applicant must also obtain a valid fire permit issued by the fire permit issuing agency having jurisdiction.

4. Permits issued for open burning other than prescribed burning of standing vegetation (47- 020-2) require a permit fee of $4 per cubic yard, with a minimum fee of $50.

5. The following factors shall be evaluated in determining whether a letter permit will be approved or denied:

A. The quantity, type, and combustibility of the materials proposed to be burned;

B. The costs and practicability of alternative disposal methods, including on-site and landfill disposal and salvage;

C. The seasonal timing and expected duration of the burn;

D. The willingness and ability of the applicant to promote efficient combustion by using heavy equipment, fans, pit incineration, or other appropriate methods;

E. The location of the proposed burn site with respect to potential adverse impacts;

F. The expected frequency of the need to dispose of materials by burning in the future;

G. Any prior open burning violations by the applicant;

H. Any additional relevant information.

6. Upon receipt and review of the required information, the Agency may approve the application if it is satisfied that:

A. The applicant has demonstrated that all reasonable alternatives have been explored and no practicable alternative method for disposal of the material exists;

B. The proposed burning will not cause or contribute to significant degradation of air quality;

C. There will be no actual or projected violation of any statute, rule, regulation, order, permit, ordinance, judgment, or decree.

7. The Agency may revoke or suspend an issued letter permit, with no refund of the fee, via written or verbal notice, on any of the following grounds:

A. Any material misstatement or omission in the required application information;B. If the conditions of the permit are being violated;

C. Any actual or projected violation of any statute, rule, regulation, order, permit, ordinance, judgment, or decree;

D. Any other relevant factor.

8

. Failure to conduct open burning according to the conditions, limitations, or terms of a letter permit, or any open burning in excess of that permitted by the letter permit, shall be a violation of the permit and shall be cause for assessment of civil penalties or for other enforcement action by the Agency

.

9. Each letter permit issued by the Agency pursuant to this rule shall contain at least the following elements:

A. The location at which the burning is permitted to take place;

B. A description of the material that may be burned;

C. The calendar period during which the burning is permitted to take place;

D. The equipment and methods required to be used by the applicant to insure efficient burning;

E. The limitations, if any, based upon meteorological conditions required before burning

may occur;

F. Reporting requirements for both starting the fire and completion of the requested burning;

G. A statement that Section 47 -015 -1 is fully applicable to all burning under the permit;

H. Such other conditions that the Agency considers to be desirable.

I. A statement that the respective fire department may include any control, suppression, safety, or hazard conditions deemed appropriate by the fire department.

1 0. Letter permits issued by the Agency pursuant to this rule shall be forwarded to the fire permit issuing agency having jurisdiction. The fire permit issuing agency has the ultimate authority to issue or deny the burn permit.DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS

General

340-200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains control strategies, rules and standards prepared by DEQ and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission’s rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified by the Commission on March 20, 2014 De cember 11, 2013

.

(3) Notwithstanding any other requirement contained in the SIP, DEQ may:

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the federally-approved SIP as a source-specific SIP revision after DEQ has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP

revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. If any provision of the federally approved Implementation Plan conflicts with any provision adopted by the Commission, DEQ shall enforce the more stringent provision.

Stat. Auth.: ORS 468.020 & 468.065 , 468A.035 & 468A.070 Stats. Implemented: ORS 468A.035

, 468A.135LANE REGIONAL AIR [ POLLUTION AUTHORITY ] PROTECTION AGENCY

TITLE 47 Open Burning

Open burning in compliance with the rules in this Title 47 does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order, or decree of this or any other governmental entity having jurisdiction.

Section 47-001 General Policy

In order to restore and maintain Lane County air quality in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the County, it is the policy of the Lane Regional Air [ Pollution Authority ] Protection Agency to eliminate open burning disposal practices where alternative disposal methods are feasible. As a result, all open burning is prohibited in Lane County except as expressly allowed by these rules or if exempted from these rules by Oregon Statute. Contained in these rules are the requirements for the open burning of residential, construction, demolition, commercial, and industrial waste, and forest slash waste on properties outside the Oregon Smoke Management Plan.

Section 47-005 [ Statutory ] Exemptions from These Rules

1. Statutory exemptions. Due to Oregon statutory exemptions, these rules shall not apply to the following:

[ 1 ] A

. The operation of residential barbecue equipment for the purpose of cooking food for human consumption , except that materials described in Section 47-015-1.E shall not be

used as fuel

.

[ 2 ] B . Fires set or permitted by any public agency in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, a hazard to public health or safety, or for the instruction of employees in the methods of fire fighting.

[ 3 ] C

. Agricultural open burning.

[ 4 ] D

. Open burning on forest land permitted under the Oregon Department of Forestry (ODF) Smoke Management Plan filed with the Secretary of State.

2. Other exemptions.

A. Recreational fires, set for recreational purposes in designated recreational areas (such as parks, recreational campsites, and campgrounds, and on private property). Prohibited materials listed in Section 47-015-1.E, woody yard trimmings, leaves and grass clippings shall not be burned. Within the Eugene/ Springfield Urban GrowthBoundary and within the city limits of Oakridge, these fires are prohibited on Yellow and Red Home Wood Heating Advisory days set by LRAPA during the months of November, December, January, and February. [NOTE: LOCAL ORDINANCES FROM MUNICIPALITIES, RULES FROM LOCAL FIRE DISTRICTS, AND

RULES FROM OREGON DEPARTMENT OF FORESTRY AND STATE FIRE MARSHAL MAY BE MORE PROHIBITIVE.]

B . Outdoor barbecui ng , when food is cooked by a fire that is sized proportionally to the amount of food being cooked, connected [ with ] to a group outing[ s ], festival[ s ], fair[ s ] or similar occasion[ s ], is allowed, except that prohibited materials listed in Section 47-

015 -1.E and commercial, industrial, construction, and demolition waste shall not be

burned.

C. Religious ceremonial fires are allowed.

Section 47-005 Amended 03/14/08

Section 47-010 Definitions

The following definitions apply to this title, and additional general definitions can be found in Title 12 of these Rules and Regulations.

• "Agricultural open burning" means the open burning of vegetative "agricultural wastes," which are materials actually generated or used by an agricultural operation.

• "Agricultural operation" means 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 ]

the sale of

crops or by the raising and sale of livestock or poultry, or the produce thereof, which activity is necessary to serve that purpose. It does not include the construction and use of dwellings or structures customarily provided in conjunction with the agricultural operation.

• "Agricultural waste" means any vegetative material actually generated or used by an agricultural operation but excluding those materials described in Section 47-015-1.E.

• “Bonfire” means a controlled outdoor fire held for celebratory, ceremonial, or entertainment

purposes.

• "Commercial open burning" means the open burning of "commercial wastes,"which are materials actually generated or used by a commercial operation including removed and transported materials, and excluding those materials described in Section 47-015-1.E.

.

• "Construction open burning" means the open burning of "construction wastes," which are materials actually resulting from or produced by a building or construction project

, excluding those materials described in Section 47-015-1.E

. The open burning of construction waste materials which are actually resulting from or produced by a building or construction project, excluding those materials described in Section 47-015-1.E., that are transported from tax lot of origin is Commercial open burning

.• "Demolition open burning" means the open burning of "demolition wastes," which are

materials actually resulting from or produced by the complete or partial destruction or tearing down of any man-made structure or the clearing of any site, or land clearing for site preparation for development , excluding those materials described in Section 47-015-1.E

. The open burning of demolition waste materials which are actually resulting from or produced by the complete or partial destruction or tearing down of any man-made structure or the clearing of any site, or land clearing for site preparation for development, excluding those materials described in Section 47-015-1.E., that are transported from tax lot of origin is Commercial open burning.

• "Eugene-Springfield Urban Growth Boundary (ESUGB)" means the area within and aroundthe cities of Eugene and Springfield, as described in the currently acknowledged EugeneSpringfield Metropolitan Area General Plan, as amended.

• "Forest slash open burning" means burning of vegetative debris and refuse on forest land related to the growing and/or harvesting of forest tree species where there is no change in the use of the land from timber production. Forest slash open burning does not include burning for commercial or individual use, or for any other type of land clearing not related to the growing and harvesting of forest tree species.

• "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.

• "Industrial open burning" means the open burning of "industrial wastes," which are materials produced as a direct result of any manufacturing or industrial process , excluding

those materials described in Section 47-015-1.E

.

• "Land clearing" means the removal of trees, brush, logs, stumps, debris, or man-made structures for the purpose of site clean-up or site preparation.

• "Leaves" means needle or leaf materials which have fallen from trees, shrubs, or plants on the property around a dwelling unit.

• “Nuisance” means a substantial and unreasonable interference with anothers’ use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public. (See Title 12 of these Rules and Regulations)

• "Open burning" includes burning in open fires, burn barrels, incinerators which do not meet emission limitations specified in [ Section 30

- 020 ] Title 30 of these Rules and Regulations, and any other outdoor burning which occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

• “Recreational fire” means a small fire (combustible pile no larger than 3 feet in diameter and 2 feet in height), limited to cooking fires, and campfires, or fires lit in Chimineas, patio fireplaces, fire pits, or other similar devices using charcoal, natural gas, propane, manufactured firelogs, or clean dry natural firewood as fuel, and which occurs in designated areas on public lands or on private property. The fire cannot serve as a disposal fire forwaste materials, including woody yard trimmings, leaves, and grass clippings, or materials

listed in 47-015-1.E.

• “Religious ceremonial fire” means a controlled outdoor fire, integral to a religious ceremony or ritual. Prohibited materials listed in Section 47-015-01.E shall not be burned.

• "Residential open burning" means the open burning of clean

, wood y [

, ] yard trimmings [ and prunings ] which are actually generated in or around a dwelling for four (4) or fewer family

li ving units. Once this material is removed from the property of origin it becomes commercial waste. Such materials actually generated in or around a dwelling of more than four (4) family living units are commercial wastes.

• "Responsible person" means each person who is in ownership, control, or custody of the property on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or custody of the materials which are burned; or any person who causes or allows open burning to be initiated or maintained.

• "Salvage," as used in open burning rules, means the recovery, processing or use of woody debris for purposes including, but not limited to, energy production (such as fire wood or fuel), fiber production (such as soil amendments or mulch), or as a raw material for chemical or manufacturing processes.

• "Woody Yard Trimmings" means woody limbs, branches and twigs, with any attached leaves, which have been cut from or fallen from trees or shrubs from the property around a dwelling unit.

Section 47-010 Amended 03/14/08

Section 47-015 Open Burning Requirements

1. General requirements

-- to be met by all open burning conducted in accordance with these Rules and Regulations:

A. All open burning shall be constantly attended by a responsible person or an expressly authorized agent, until extinguished.

B. It shall be the duty of each responsible person to promptly extinguish any burning which is in violation of any rule of the LRAPA Board or of any permit issued by the [ Aut hority ] Agency

.

C. No person shall cause, or allow to be initiated or maintained, any open burning which is prohibited by the burning advisory [ because of meteorological or air quality

conditions ] issued by the Agency

.

D. No person shall cause, or allow to be initiated or maintained, any open burning which creates a [ private or public ] nuisance or a hazard to public safety.

E. No person shall cause, or allow to be initiated or maintained, open burning of any garbage, plastics, wire insulation, automobile parts, asphalt, petroleum by-products, petroleum-treated materials, rubber products, animal remains, [ or animal or vegetablematter resulting from the handling, preparation, cooking, or service of food ]; or of any other material which normally emits dense smoke, noxious odors, or hazardous air

contaminants.

F. To promote efficient burning and prevent excessive emissions of smoke, each responsible person shall assure that all combustible material is dried to the extentpracticable and loosely stacked or windrowed to eliminate dirt, rocks and other noncombustible materials; and periodically restack or feed the burning pile to enhance

combustion.

G. No person shall cause, or allow to be initiated or maintained, any open burning at any solid waste disposal site unless authorized by a Solid Waste Permit issued pursuant to

OAR 340-94 -040 . The [ Authority ] Agency shall be notified by the responsible person prior to such burning.

H. [ Fires involving materials less than three (3) cubic yards of volume, set for recreational purposes in designated recreational areas (such as parks, recreational campsites, and campgrounds) are allowed, except that prohibited materials listed in Section 47

- 015

- 1.E shall not be burned. ] All burning shall be conducted in accordance with local fire safety regulations, including required minimum distances from structures.

[ I. Outdoor barbecuing connected with group outings, festivals, fairs or similar occasions

is allowed, except that prohibited materials listed in Section 47

- 015

- 1 .E shall not be

burned. ]

2. Residential Open Burning Requirements

The residential open burning season is October [ 15 ] 1 through June 15, with the following

restrictions:

A. Residential open burning is allowed only on approved burning days, between sunrise and sunset, with a valid fire permit (if required by fire district). The [ beginning ] start
and end time s for burning var y [ ies ] and [ is ] are set as part of the daily burning advisory[ ; however, fires must always be out by sunset ].

B. All open burning is prohibited within the Eugene city limits.

C. All open burning is 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

.

D. Within the ESUGB, burning is prohibited if required by local fire codes.

E. Residential open burning outside the city limits of Eugene and Springfield but within the Eugene-Springfield Urban Growth Boundary is prohibited 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.[ permitted subject to the general requirements of Section 47

- 01 5

- 1, with the following

restrictions:

(1) The burning of yard debris is limited to the woody yard trimmings from trees and shrubs growing upon the same premises where the burning occurs;

(2) Open Burning of leaves and grass clippings is prohibited; a nd

(3) The premises upon which such burning is to take place must be a private lot, as identified in the Lane County tax records, of one half acre in size or more. ]

F. Residential open burning of woody yard trimmings, leaves and grass clippings is

allowed on approved burn days from October 1 through June 15 within the fire districts

identified below:

(1) Bailey-Spencer RFPD (2) Coburg [ RFPD ] Fire District (3) [ Cottage Grove/South Lane Fire District ] South Lane County Fire & Rescue (4) [ Cresw ell RFPD ]

([ 5 ] 4 ) Dexter RFPD west of the Willamette Meridian ([ 6 ] 5 ) Eugene RFPD #1 ([ 7 ] 6 ) Goshen [ RFPD ] Fire District (7) Hazeldell RFPD [ (8) Junction City Fire District ]

([ 9 ] 8 ) Junction City RFPD ([ 10 ] 9 ) Lane County Fire District #1 (1[ 1 ] 0 ) Lane [ RFPD #1 ] Rural Fire & Rescue outside the ESUG[ A ] B (1[ 2 ] 1 ) Lowell RFPD (1[ 3 ] 2 ) [ Marcola ] Mohawk Valley RFPD (1[ 4 ] 3 ) McKenzie [ RFPD ] Fire & Rescue outside the ESUG[ A ] B (1[ 5 ] 4 ) Monroe RFPD, that portion within Lane County (1[ 6 ] 5 ) Oakridge [ RFPD ] Fire & EMS (1[ 7 ] 6 ) Pleasant Hill RFPD (1[ 8 ] 7 ) Santa Clara [ RFPD ] Fire District outside the ESUG[ A ] B (18) Siuslaw Valley Fire & Rescue (19) Westfir [ RFPD ] Fire Department (20) Willakenzie RFPD (21) Zumwalt RFPD

G. Residential open burning of woody yard trimmings, leaves, and grass clippings is allowed in Lane County, outside of the affected areas defined in 47-015-2.B through F of this section, on approved burn days from October 1 through June 15.

(Note: Some fire districts require burning permits. Fire districts may restrict burning whenever fire danger dictates. Persons wishing to conduct residential open burning should check first with their fire district.)[ G. Residenti al open burning is allowed year

- round outside of the affected areas defined in

47

- 015

- 2.B through F of this section. ]

H. Failure to conduct residential open burning in accordance with this section is a violation of these rules and may be cause for assessment of civil penalties. Citations will be issued by authorized enforcement agents to responsible person(s) [ upon site inspection ] where residential open burning rules are violated pursuant to this section.

3. Construction/Demolition Open Burning Requirements

A. Construction/demolition open burning is prohibited inside the ESUGB.

B. Construction/demolition open burning is prohibited inside the affected areas described

in 47-015 -2.F, unless authorized pursuant to Section 47-020.

C. Construction/demolition open burning is allowed elsewhere in Lane County, subject to the general requirements of Section 47-015-1.

4. Commercial Open Burning Requirements

A. Commercial open burning is prohibited inside the ESUGB.

B. Commercial open burning is prohibited elsewhere, unless authorized pursuant to

Section 47-020.

5. Industrial Open Burning Requirements

A. Industrial open burning is prohibited inside the ESUGB.

B. Industrial open burning is prohibited elsewhere, unless authorized pursuant to Section

47 -020

.

6. Forest Slash Open Burning

A. Forest slash open burning in areas covered by the Oregon Smoke Management Plan is regulated by the ODF pursuant to ORS 477.515.

B. Forest slash open burning in Lane County which is in areas outside the Oregon Smoke Management Plan is treated by LRAPA as follows:

(1) Forest slash open burning is prohibited inside the ESUGB.

(2) Forest slash open burning is prohibited inside the affected areas described in

47 -015 -2.F, unless authorized pursuant to Section 47-020.

(3) Forest slash open burning elsewhere in Lane County, on properties which are not covered by the ODF Smoke Management Plan, is prohibited unless authorized pursuant to Section 47-020.(4) Forest slash open burning will be coordinated with the ODF [ East Lan e ] South

Cascade and Western Lane districts and will occur as consistently as possible with slash burning advisories issued by the ODF.

(5) A written plan[ , approved by the ODF, ] is required under the Forest Practices Act (ORS 527) when burning is to be conducted:

(a) within 100 feet of type D or F streams (domestic water supply or fishbearing streams), lakes or significant wetlands (see OAR 629-605- 0170( 1)(a) and 629-615-0300(3) ); [ or ]

(b) within 300 feet of protected resources listed under OAR 629-605-170(1)(b), (c), and (d); or

([ b ] c ) on highly erosive soils.

The ODF should be contacted for all Forest Practices Act requirements.

Section 47-015 Amended 03/14/08

Section 47-020 Letter Permits

1. Open burning of commercial, industrial, construction, demolition, or forest slash wastes on a singly occurring or infrequent basis, which is otherwise prohibited, and a bonfire held for a single event, may be permitted by a letter permit issued by the [ Authority ] Agency in accordance with this rule and subject to the general requirements in Section 47-015-1.

2. Prescribed burning of standing vegetation for the purpose of species or wetland conversion, pursuant to federal or state laws or programs to promote or enhance habitat for indigenous species of plants or animals, which is otherwise prohibited, may be permitted by a letter permit issued by the [ Authority ] Agency in accordance with section 47-020. These permits require a permit fee of $100.

3. Prior to any burning, the applicant must also obtain a valid fire permit issued by the fire permit issuing agency having jurisdiction.

4. Permits issued for open burning other than prescribed burning of standing vegetation (47- 020-2) require a permit fee of $4 per cubic yard, with a minimum fee of $50.

5. The following factors shall be evaluated in determining whether a letter permit will be approved or denied:

A. The quantity, type, and combustibility of the materials proposed to be burned;

B. The costs and practicability of alternative disposal methods, including on-site and landfill disposal and salvage;

C. The seasonal timing and expected duration of the burn;D. The willingness and ability of the applicant to promote efficient combustion by using heavy equipment, fans, pit incineration, or other appropriate methods;

E. The location of the proposed burn site with respect to potential adverse impacts;

F. The expected frequency of the need to dispose of materials by burning in the future;

G. Any prior open burning violations by the applicant;

H. Any additional relevant information.

6. Upon receipt and review of the required information, the [ Authority ] Agency may approve the application if it is satisfied that:

A. The applicant has demonstrated that all reasonable alternatives have been explored and no practicable alternative method for disposal of the material exists;

B. The proposed burning will not cause or contribute to significant degradation of air quality;

C. There will be no actual or projected violation of any statute, rule, regulation, order, permit, ordinance, judgment, or decree.

7. The [ Authority ] Agency may revoke or suspend an issued letter permit, with no refund of the fee, via written or verbal notice, on any of the following grounds:

A. Any material misstatement or omission in the required application information;

B. If the conditions of the permit are being violated;

C. Any actual or projected violation of any statute, rule, regulation, order, permit, ordinance, judgment, or decree;

D. Any other relevant factor.

8

. Failure to conduct open burning according to the conditions, limitations, or terms of a letter permit, or any open burning in excess of that permitted by the letter permit, shall be a violation of the permit and shall be cause for assessment of civil penalties or for other enforcement action by the [ Authority ] Agency

.

9. Each letter permit issued by the [ Authority ] Agency pursuant to this rule shall contain at least the following elements:

A. The location at which the burning is permitted to take place;

B. A description of the material that may be burned;

C. The calendar period during which the burning is permitted to take place;D. The equipment and methods required to be used by the applicant to insure efficient burning;

E. The limitations, if any, based upon meteorological conditions required before burning

may occur;

F. Reporting requirements for both starting the fire and completion of the requested burning;

G. A statement that Section 47-015-1 is fully applicable to all burning under the permit;

H. Such other conditions that the [ Authority ] Agency considers to be desirable.

I. A statement that the respective fire department may include any control, suppression, safety, or hazard conditions deemed appropriate by the fire department.

1 0. Letter permits issued by the [ Authority ] Agency pursuant to this rule shall be forwarded to the fire permit issuing agency having jurisdiction. The fire permit issuing agency has the ultimate authority to issue or deny the burn permit.

[ 11. Letter per mits are valid only for the specified burning period and shall not be renewable unless there were no approved burning days during that period. Any requests to conduct additional burning shall require a new permit. ]

Section 47-020 Amended 03/14/08Secti on 47

- 030 Summary of Seasons, Areas, and Permit Requirements for Open Burning

Type of Burning Inside City Limits

of Eugene Inside City Limits

of Springfield Elsewhere Inside

the ESUGB Inside Affected

Fire Districts and

Outside ESUGB All Other Areas

Re sidential Open Burning (Section

47

- 015

- 2) Prohibited by City

Ordinance and by

LRAPA Section

47

- 015

- 2.B Prohibited by City

Ordinance, except that, between

October 15 and June 15, tree trim mings

and shrub prunings, only, may

be burned on lots of

one

- hal f acre or greater in size. Burning of grass clippings and fallen

leaves is prohibited. Also prohibited by

LRAPA Section

47

- 015

- 2.C Prohibited by

LRAPA Title 47, except that,

between October 15 and June 15, tree trimmings and shrub prunings, only, may be burned

on lots of one

- half

acre or greater in size. Burning of grass clippings and fallen leaves is prohibited. Burning of woody

yard trimmings, leaves, and grass clippings is allowed

between October 15

and June 15 on approved burning days with a valid permit from the

local fire district (where required by fire district) Burning of clean

wood and yard

debris is allowed year round on approved burning days with a valid permit from the

local fire district (where required by fire district)

Construction/ Demolition Open Burning (Section

47

- 015

- 3) Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 3 Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 3 Burning is

prohibited by

LRAPA Section 47

- 015

- 3 Burning is

prohibit ed, except by letter permit

from LRAPA Burning of

approved

materials is allowed year round on approved burning days with a valid permit from

the local fire district (where required by fire district)

Commercial Open Burning (Section

47

- 015

- 4) Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 4 Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 4 Burning is

prohibited by

LRAPA Section 47

- 015

- 4 Burning is

prohibited, except by letter permit

from LRAPA Burning is

proh ibited, except by letter permit

from LRAPA

Industrial Open Burning (Section

47

- 015

- 5) Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 5 Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 5 Burning is

prohibited by

L RAPA Section 47

- 015

- 5 Burning is

prohibited, except by letter permit

from LRAPA Burning is

prohibited, except by letter permit

from LRAPA

Forest Slash Open Burning (Section

47

- 015

- 6) Except on lands

included in the ODF

Smoke Management Plan Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 6 Burning is

prohibited by city ordinance and by

LRAPA Section 47

- 015

- 6 Burning is

prohibited by

LRAPA Section 47

- 015

- 6 Burning is

prohibited, except by letter permit

from LRAPA Burning is

prohi bited, except by letter permit

from LRAPA or

Under the ODF Smoke Management

Plan

General open burning requirements are contained in section 47

- 015. In case of apparent conflict between this summary and the text of section 47

- 001 through 47

- 020, inclus ive, the text shall apply.

Section 47

- 030 Amended 10/26/01

## Attachment 4

Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin, January 1, 2014, publication

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed March 31, 2014 and effective March 31, 2014

# OREGON
BULLETIN

Supplements the 2014 Oregon Administrative Rules Compilation



### Volume 53, No. 1 January 1, 2014

For November 16, 2013–December 15, 2013

Published by
KATE BROWN Secretary of State Copyright 2014 Oregon Secretary of StateAddress: Department of Consumer and Business Services, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405 Telephone: (503) 947-7717

Department of Corrections Chapter 291

Rule Caption: Earned Time Credits for Crimes Committed on or after July 1, 2013
Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120–421.122, 423.020, 423.030 & 423.075 Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120–421.122, 423.020, 423.030 & 423.075 Proposed Adoptions: 291-097-0231
Last Date for Comment: 2-14-14, 4:30 p.m. Summary: This rule is necessary to establish by administrative rule changes made to ORS 421.121 with regard to earned time credits from 2010 legislation (SB 1007) that went into effect on July 1, 2013. Inmates serving sentences for crimes committed on or after July 1, 2013 may earn sentence reduction credits up to 20 percent. Some inmates are not eligible for any earned time credits, including inmates serving a sentence for a Measure 11 crime (mandatory minimum).
Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem,

OR 97301-4667 Telephone: (503) 945-0933

Rule Caption: Cross-Gender Searches and Searches of Transgender and Intersex Inmates in ODOC Custody
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075 Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075 Proposed Adoptions: 291-041-0018 Proposed Amendments: 291-041-0020
Last Date for Comment: 2-14-14, 4:30 p.m. Summary: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in2003. The U. S Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The finalrule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion, and sexual solicitation.These rule modifications are necessary to ensure ODOC administrative rules for conducting cross-gender searches and searches of transgender and intersex inmates align with the national PREA

standards.
Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem,

OR 97301-4667 Telephone: (503) 945-0933

Rule Caption: Inmate Grievances Regarding Allegations of Sexual
Abuse
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075 Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075 Proposed Adoptions: 291-109-0200 Proposed Amendments: 291-109-0180 Proposed Repeals: 291-109-0125
Last Date for Comment: 2-14-14, 4:30 p.m. Summary: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in2003. The U. S Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The final rule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion, and sexual solicitation.These rule modifications are necessary to ensure ODOC administrative rules for processing of inmates grievances regarding allegations of sexual abuse align with the national PREA standards. Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem,

OR 97301-4667 Telephone: (503) 945-0933

Rule Caption: Savanna Haven Property

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075 Stats. Implemented: ORS 179.040, 184.423, 276.054, 423.020,

423.030 & 423.075 Proposed Adoptions: 291-073-0100, 291-073-0110

Last Date for Comment: 2-14-14, 4:30 p.m. Summary: These rules are necessary to establish as policy of theDepartment of Corrections the appropriate utilization of approximately 104 acres of real property owned by the department situated in Marion County, Oregon, inside the City of Salem bordering the Oregon State Correctional Institution. Consistent with the Oregon Sustainability Act, it is the policy of the department to maintain and utilize the property in a manner that preserves the habitat values of the existing oak savanna and secures the area from commercial and

industrial encroachment.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem,

OR 97301-4667 Telephone: (503) 945-0933

Department of Energy Chapter 330

Rule Caption: Adds requirement for periodic review of certain facilities eligible for the Oregon Renewable Portfolio Standard.

Date: Time: Location: 1-23-14 10 a.m. OR Dept. of Energy
625 Marion St. NE Salem, OR 97301 Hearing Officer: Kacia Brockman

Stat. Auth.: ORS 469.040, 469A.020 & 469A.130 Stats. Implemented: ORS 469A.020–469A.025, 469A.130–

469A.135 Proposed Adoptions: 330-160-0035, 330-160-0037, 330-160- 0038, 330-160-0060, 330-160-0070 Proposed Amendments: 330-160-0015, 330-160-0020, 330-160- 0025, 330-160-0030, 330-160-0040, 330-160-0050

Last Date for Comment: 1-23-14, 5 p.m. Summary: This rulemaking is intended to streamline and increase transparency of the requirements for facilities that generate electricity eligible for the Oregon Renewable Portfolio Standard. Included in the proposed rule amendments are: a description of the application process for RPS certification, notification requirements for facilities that undergo changes, renewal requirements for low-impact hydro facilities, requirements for periodic review of multiple-fuel facilities,and a one-time review of the performance of certain hydro efficiency upgrades. Facilities generating electricity from other eligible resources are not subject to review or renewal. The proposed rules also include updated references to the Western Renewable EnergyGeneration Information System Operating Rules and updated language regarding the tracking of stranded electricity. The rules willbecome effective upon filing. Text of the proposed rules and hearing details can be found on the department website: http://www. oregon.gov/energy/RENEW/Pages/RPS-Rulemaking.aspx

Rules Coordinator: Kathy Stuttaford

Address: Department of Energy, 625 Marion St. NE, Salem, OR

97301 Telephone: (503) 373-2127

Department of Environmental Quality Chapter 340

Rule Caption: Align Diesel Grant Program with Federal Guidelines 

### NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin January 2014: Volume 53, No. 1
10Date: Time: Location: 1-16-14 5 p.m. 811 SW 6th Ave. Portland, OR Hearing Officer: DEQ staff
Stat. Auth.: ORS 468.020 & 468A.80 Stats. Implemented: ORS 468A.803 Proposed Amendments: 340-259-0010
Last Date for Comment: 1-21-14, 5 p.m. Summary: Short summary

DEQ proposes minor changes to the clean diesel grant and loan program rules.

Brief history The 2013 Oregon Legislature unanimously adopted Senate Bill 249. The bill authorized DEQ to administer federal grants for clean diesel projects and to complete the projects according to federal grant guidelines rather than the more limited state guidelines. Authority to administer clean diesel grants was first provided to DEQ in 2007. Projects that qualified for grants were limited to retrofitting diesel exhaust controls, non-road engine repowers and scrapping pre-1994trucks. The federal program guidelines provide for many other eligible activities including idle reduction, aerodynamic enhancements and vehicle replacement.

Although the legislation included an emergency clause making it effective upon filing, DEQ must adopt implementing rules. Failure to adopt the proposed rule would prevent DEQ from offering the broader range projects that are now more attractive to Oregon’s potential applicants interested in reducing harmful emissions from diesel engines.

Regulated parties Participation in the grant program is voluntary. The proposed rules would affect owners of diesel powered vehicles and equipment as sub-recipients of DEQ-secured grant funds. The successful implementation of projects supported by grants authorized under this proposal would affect Oregonians by reducing harmful emissions.
Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390 Telephone: (503) 229-6878

Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for open burning into State Implementation Plan
Date: Time: Location: 1-22-14 5:30 p.m. LRAPA
1010 Main St. Springfield, OR 97477 Hearing Officer: Merlyn Hough
Stat. Auth.: ORS 468.020, 468A.035 & 468A.135
Other Auth.: LRAPA Title 13 General Duties & Powers of Board

& Director LRAPA Title 14 Rules of Practice & Procedure Stats. Implemented: ORS 468 & 468A Proposed Amendments: 340-200-0040
Last Date for Comment: 1-27-14, 5 p.m. Summary: Short summary

DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for open burning into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted open burning rules revisions in an effort to meet federal air quality standards for fine particulatematter, to bring LRAPA in line with state rules and to better coordinate with state and federal requirements. The LRAPA rules were

revised to:

• Clarify when and where small recreational fires such as patio fireplace could occur and identify acceptable fuels for these fires,

• Include Hazeldell and Siuslaw Rural Fire Protection Districts in the special open-burning control area at the districts’ request,

• Allow daily end time on burn days to be set earlier than sunset, • Restrict the open burning season in the outlying areas of Lane County, and • Correct the meaning of the LRAPA acronym to Lane Regional Air Protection Agency.

Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane Countycommunities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting andcompliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program andconducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

On March 14, 2008, the LRAPA Board of Directors adopted the Title 47 open burning rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. TheEnvironmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The StateImplementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved by EPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if they comply, and direct DEQ to submit the approved rulesto EPA for federal approval as State Implementation Plan amendments.

Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by theLRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, which are above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

Regulated partiesThis proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008. The 2008 rules affect residential open burning in Lane County.
Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390 Telephone: (503) 229-6878

Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for permit streamlining into State Implementation Plan
Date: Time: Location: 1-22-14 5:30 p.m. LRAPA
1010 Main St. Springfield, OR Hearing Officer: Merlyn Hough
Stat. Auth.: ORS 468.020, 468A.035 & 468A.135
Other Auth.: LRAPA Title 13 General Duties & Powers of Board

& Director LRAPA Title 14 Rules of Practice & Procedure Stats. Implemented: ORS 468 & 468A Proposed Amendments: 340-200-0040
Last Date for Comment: 1-27-14, 5 p.m. Summary: Short summary

DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for permit streamlining into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200- 0040. The LRAPA Board of Directors adopted permit streamliningrules revisions in an effort to maximize efficiencies in LRAPA’s permitting program while maintaining the existing level of environmental protection, bring LRAPA in line with state rules, and better coordinate with state and federal requirements.

The LRAPA rules contain: 

### NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin January 2014: Volume 53, No. 1
11• State and federal National Emission Standards for Hazardous Air

Pollutants and New Source Performance Standards that were in effect at the time of LRAPA’s rule adoption.

• Streamlined and improved permitting processes comparable to DEQ rules adopted in 2001 and 2007.

• Narrowing of an agriculture exemption comparable to DEQ rules adopted in 2008.

• Minor corrections and adjustments adopted by LRAPA’s Board in January 2010 to the regulations previously adopted by LRAPA’s

Board in October 2008.

Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane Countycommunities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

On October 14, 2008 and January 12, 2010, the LRAPA Board of Directors adopted the permit streamlining rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved by EPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if they comply, and direct DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by theLRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, whichare above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

Regulated partiesThis proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008 and 2010. The regulated parties include businesses in LRAPA’s jurisdiction subject to Air Contaminant Discharge Permits and Title V Operating Permits.
Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390 Telephone: (503) 229-6878

Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for permitting requirements into State Implementation Plan
Date: Time: Location: 1-22-14 5:30 p.m. LRAPA
1010 Main St. Springfield, OR Hearing Officer: Merlyn Hough
Stat. Auth.: ORS 468.020, 468.065 & 468A.135
Other Auth.: LRAPA Title 13 General Duties & Powers of Board

& Director LRAPA Title 14 Rules of Practice & Procedure Stats. Implemented: ORS 468 & 468A Proposed Amendments: 340-200-0040
Last Date for Comment: 1-27-14, 5 p.m. Summary: Short summary DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for air quality permits into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted the rules revisions in an effort to bring LRAPA in line with state rules and better coordinate with state and federal requirements.

The LRAPA rules contain: • U.S. Environmental Protection Agency’s thresholds for New Source Review and Prevention of Significant Deterioration for fine particulate matter (PM2.5) and greenhouse gases

• New and amended federal New Source Performance Standardsand National Emission Standards for Hazardous Air Pollutants applicable to non-major or area sources including aluminum, copper, andother nonferrous foundries; chemical manufacturing; ferroalloy production; metal fabrication and finishing; paint stripping and miscellaneous surface coating operations; and plating and polishing operations

• Permitting requirements necessary to implement the federal standards

• Registration options as an alternative to permitting• Exemptions to permitting for emergency-use and small electrical power generating units

• Statutory requirements for small scale local energy projects

• Corrections to rule citations and definitions of terms Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane Countycommunities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

On April 25, 2011, the LRAPA Board of Directors adopted the permitting rules, provided at the end of this document, and the rules havebeen in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority toensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved byEPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if theycomply, and direct DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by theLRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, whichare above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

Regulated partiesThis proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2011. The regulated parties are subject to LRAPA’s AirContaminant Discharge Permit and Title V Operating Permit requirements. The 2011 LRAPA rules:

• Affect facilities in Lane County.• Regulate emissions of PM2.5 and greenhouse gases at all stationary sources emitting more than the ‘de minimis’ level of these pollutants. 

### NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin January 2014: Volume 53, No. 1
12• Regulate motor vehicle and mobile equipment surface coatingand metal fabrication facilities subject to new and modified National Emission Standards for Hazardous Air Pollutants.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390 Telephone: (503) 229-6878

Department of Fish and Wildlife Chapter 635

Rule Caption: Amend rules relating to capture of Peregrine and other species allowed for falconry

Date: Time: Location: 2-7-14 8 a.m. Oregon Dept. of Fish & Wildlife
4034 Fairview Industrial Dr. SE Salem, OR 97302 Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162 Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162 Proposed Amendments: Rules in 635-055

Last Date for Comment: 2-7-14, 8 a.m. Summary: Amend rules related to the capture of Peregrine Falcons for use in falconry and consider changes to species allowed to be taken from the wild for falconry.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302 Telephone: (503) 947-6033

Rule Caption: Regulations to Establish a Recreational Control Zone at Youngs Bay in the Lower Columbia River

Date: Time: Location: 2-7-14 8 a.m. Oregon Dept. of Fish & Wildlife
4034 Fairview Industrial Dr. SE Salem, OR 97302 Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146 & 506.119 Stats. Implemented: ORS 496.162 & 506.129 Proposed Adoptions: Rules in 635-014, 635-023 Proposed Amendments: Rules in 635-014, 635-023 Proposed Repeals: Rules in 635-014, 635-023

Last Date for Comment: 2-7-14, 8 a.m. Summary: Proposed rule amendments are related to establishing a recreational control zone prohibiting angling adjacent to the mouth of Youngs Bay in the lower Columbia River as described in Senate Bill 830 (2013).

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302 Telephone: (503) 947-6033

Department of Human Services, Aging and People with Disabilities and Developmental Disabilities Chapter 411

Rule Caption: Nursing Facility Policy for Treatment or Referral of
Acute Sexual Assault Victims

Date: Time: Location: 1-21-14 2 p.m. Human Services Bldg. 500 Summer St. NE, Rm. 160 Salem, OR 97301 Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 441.055 & 441.615

Other Auth.: SB 557 (2011 Regular Session) & 2011 OL Ch. 511 Stats. Implemented: ORS 147.403, 441.055 & 441.615 Proposed Amendments: 411-085-0005, 411-085-0210

Last Date for Comment: 1-23-14, 5 p.m. Summary: The Department of Human Services (Department) is proposing to amend OAR 411-085-0005 and 411-085-0210 for nursing facilities to implement Senate Bill 557 (2011 Regular Session) byrequiring nursing facilities to develop and adopt a policy for the referral and treatment of residents who may be victims of acute sexual assault. Proposed rule changes also reflect current practice and Department terminology and correct formatting and punctuation.
Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074 Telephone: (503) 945-6398

Rule Caption: Disability Determination Services Rates of Payment
— Medical
Date: Time: Location: 1-21-14 3 p.m. Human Services Bldg. 500 Summer St. NE, Rm. 160 Salem, OR 97301 Hearing Officer: Staff
Stat. Auth.: ORS 344.530 Stats. Implemented: ORS 344.511–344.690 Proposed Amendments: 411-200-0010, 411-200-0020, 411-200- 0030, 411-200-0035, 411-200-0040
Last Date for Comment: 1-23-14, 5 p.m. Summary: The Department of Human Services (Department) is proposing to amend the rules for Disability Determination Services (DDS) rates of payment in OAR chapter 411, division 200 to comply with the Code of Federal Regulations.

The proposed rules: - Remove DDS from the Workers’ Compensation fee schedule; - Link DDS to the United States Department of Health and Human Services (HHS) fee schedule for consultative examinations;

- Remove entities that no longer fit the intent of the rule; - Reflect current practice and Department terminology; and - Correct formatting and punctuation.
Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074 Telephone: (503) 945-6398

Rule Caption: Nursing Facility Staffing
Date: Time: Location: 2-18-14 2:30 p.m. Human Services Bldg. 500 Summer St. NE, Rm. 160 Salem, Oregon 97301 Hearing Officer: Staff
Stat. Auth.: ORS 410.070, 410.090, 441.055, 441.073 & 441.615 Stats. Implemented: ORS 410.070, 410.090, 441.055, 441.073 &

441.615 Proposed Amendments: 411-086-0100 Proposed Repeals: 411-086-0100(T)
Last Date for Comment: 2-21-14, 5 p.m. Summary: The Department of Human Services (Department) is proposing to amend OAR 411-086-0100 to:

- Make permanent temporary rule language that became effective on October 1, 2013 to implement the operational application of theincreased nursing assistant staffing to resident ratio for nursing facilities;

- Implement the minimum standard of the increased nursing assistant staffing to residential ratio for nursing facility evening and night shifts to become effective on March 31, 2014;

- Ensure that appropriate forms for public information about the staffing responsibilities of the nursing facility are displayed;

- Reflect current practice and Department terminology; and - Correct formatting and punctuation.
Rules Coordinator: Christina Hartman 

### NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin January 2014: Volume 53, No. 1
13340-200-0040 AMEND:

REPEAL:

RENUMBER:

AMEND AND RENUMBER:

ORS 468.020, 468A.035, 468A.135 Statutory Authority:

LRAPA Title 13 General Duties & Powers of Board & Director; LRAPA Title 14 Rules of Practice & Procedure Other Authority:

ORS 468 & 468A Statutes Implemented:

RULE SUMMARY

The Environemtal Quality Commission amended rules to incorporate Lane Regional Air Protection Agency revised regulations for open burning into Oregon's State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted open burning rules revisions in an effort to meet federal air quality standards for fine particulate matter, to bring LRAPA in line with state rules and better coordinate with state and federal requirements. LRAPA revised its rules to:

- Clarify when and where small recreational fires such as patio fireplace could occur and identify acceptable fuels for these fires,

- Include Hazeldell and Siuslaw Rural Fire Protection Districts in the special open-burning control area at the districts' request,

- Allow daily end time on burn days to be set earlier than sunset,

- Restrict the open burning season in the outlying areas of Lane County, and

- Correct the meaning of the LRAPA acronym to Lane Regional Air Protection Agency.

Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities Secretary of State Certificate and Order for Filing 

### PERMANENT ADMINISTRATIVE RULES

I certify that the attached copies are true, full and correct copies of the PERMANENT Rule(s) adopted on 03/20/2014 by the

ADOPT : RULEMAKING ACTION Secure approval of new rule numbers with the Administrative Rules Unit prior to filing. Department of Environmental Quality 340

Agency and Division Administrative Rules Chapter Number

Rules Coordinator Telephone Maggie Vandehey (503) 229-6878

811 SW Sixth Ave., Portland, OR 97204-1390

Incorporate Lane Regional Air Protection Agency Rules for open burning into State Implementation Plan

Not more than 15 words that reasonably identifies the subject matter of the agency's intended action. RULE CAPTION To become effective Upon filing. Rulemaking Notice was published in the January 2014 Oregon Bulletin. A Statement of Need and Justification accompanies this form.

Addresscomply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. Funding sources for LRAPA include dues from Lane County and cities in Lane County and fees from industrial and other permitted sources. Additionally, LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

On March 14, 2008, the LRAPA Board of Directors adopted amendments to the Title 47 open burning rules, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements.

The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan that EQC adopts under OAR 340-200-0040 and EPA approves. EQC reviews LRAPA rules to determine if they comply with state law and the Clean Air Act. If they comply, EQC approves the LRAPA rules and revisions to OAR 340-200-0040 and directs DEQ to submit the approved rules to EPA for federal approval as State
Implementation Plan amendments.

Typically, DEQ presents LRAPA rules to EQC for consideration immediately upon adoption by the LRAPA board. EPA's public notice requirements are above and beyond Oregon's requirements and several years ago, DEQ and LRAPA held a joint public notice that met Oregon requirements, but determined that process did not meet EPA's requirements for State Implementation Plan rules. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

Regulated parties The rule amendments do not change the regulated parties or requirements for regulated parties from the rules that LRAPA's board adopted in 2008. The 2008 rules affect residential open burning in Lane County.

Rules Coordinator Name Email Address Maggie Vandehey maggie.vandehey@state.or.us FILED

ARCHIVES DIVISION

SECRETARY OF STATE

3-31-14 11:56 AM

## Attachment 5

Evidence of adequate public notice

5.1 Affidavit of Publication: Oregonian, December 18, 2013 edition

5.2 Affidavit of Publication: The Register Guard, December 18, 2013 edition

## Attachment 6

Certification of public hearing

For certification of the public hearing, see the cover letter and page 12 of Attachment 1

## Attachment 7

Compilation of public comment and department's response

No public comments were received.

For the Presiding Officer's record for rulemaking hearings on January 22, 2014, see page

13 of Attachment 1