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: 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, 2014

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

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 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 4.2 

 
Incorporate 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: O

SIP Submittal Attachment 1 page 1 Item O 000001
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 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.

SIP Submittal Attachment 1 page 2 Item O 000002
Stringency Review and Authorization

 

SIP Submittal Attachment 1 page 3 Item O 000003
SIP Submittal Attachment 1 page 4 Item O 000004
c

SIP Submittal Attachment 1 page 5 Item O 000005
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. 

SIP Submittal Attachment 1 page 6 Item O 000006
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 6th 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 6th Avenue

Portland, OR 97204

Letter from DEQ to LRAPA, November 

22, 2013, Proposal to incorporate Lane 

Regional Air Protection Agency rules 

into the State Implementation Plan and 

stringency review of LRAPA’s rules

DEQ Headquarters

811 SW 6th Avenue

Portland, OR 97204

SIP Submittal Attachment 1 page 7 Item O 000007
Fee Analysis

This rulemaking does not involve fees. 

Statement of fiscal 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 2008. 

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.

SIP Submittal Attachment 1 page 8 Item O 000008
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 6th 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 6th Avenue

Portland, OR 97204

Letter from DEQ to LRAPA, November 

22, 2013, Proposal to incorporate Lane 

Regional Air Protection Agency rules 

into the State Implementation Plan and 

stringency review of LRAPA’s rules

DEQ Headquarters

811 SW 6th 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. 

SIP Submittal Attachment 1 page 9 Item O 000009
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 

federally 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.

SIP Submittal Attachment 1 page 10 Item O 000010
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, does 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. 

SIP Submittal Attachment 1 page 11 Item O 000011
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 

- Members 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. 

SIP Submittal Attachment 1 page 12 Item O 000012
Presiding Officers’ Record 

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 

Manager, to questions about the rulemaking. 

Close of public comment period

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

 

SIP Submittal Attachment 1 page 13 Item O 000013
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) 

SIP Submittal Attachment 1 page 14 Item O 000014
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. 

SIP Submittal Attachment 1 page 15
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, 2014 
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. 

(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.135 

SIP Submittal Attachment 3.1a page 1
LANE 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 and 

SIP Submittal Attachment 3.1b page 1
grass 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. 

SIP Submittal Attachment 3.1b page 2
• "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 around 

the 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 for 

SIP Submittal Attachment 3.1b page 3
waste 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, 

SIP Submittal Attachment 3.1b page 4
petroleum-treated materials, rubber products, animal remains,; 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 extent 

practicable 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 

SIP Submittal Attachment 3.1b page 5
 (5) Eugene RFPD #1

 (6) Goshen Fire District 

(7) Hazeldell RFPD 

 (8) Junction City RFPD 

 (9) Lane County Fire District #1 

 (10) Lane Rural Fire & Rescue outside the ESUGB 

 (11) Lowell RFPD 

 (12) Mohawk Valley RFPD 

 (13) McKenzie Fire & Rescue outside the ESUGB 

 (14) Monroe RFPD, that portion within Lane County 

 (15) Oakridge Fire & EMS 

 (16) Pleasant Hill RFPD 

 (17) 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 Requirements 

SIP Submittal Attachment 3.1b page 6
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 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. 

SIP Submittal Attachment 3.1b page 7
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; 

SIP Submittal Attachment 3.1b page 8
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. 

10. 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. 

SIP Submittal Attachment 3.1b page 9
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, 2014December 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.135

SIP Submittal Attachment 3.2a page 1
LANE 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 Growth 

SIP Submittal Attachment 3.2b page 1
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 [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. 

SIP Submittal Attachment 3.2b page 2
• "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 around 

the 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 for 

SIP Submittal Attachment 3.2b page 3
waste 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 [and 

prunings] 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 47-010 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 

[Authority] 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 vegetable 

SIP Submittal Attachment 3.2b page 4
matter 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 extent 

practicable 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 times for burning vary[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.

SIP Submittal Attachment 3.2b page 5
[permitted subject to the general requirements of Section 47-015-1, 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; and

(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) [Creswell 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.)

SIP Submittal Attachment 3.2b page 6
 [G. Residential 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. 

SIP Submittal Attachment 3.2b page 7
(4) Forest slash open burning will be coordinated with the ODF [East Lane] 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; 

SIP Submittal Attachment 3.2b page 8
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; 

SIP Submittal Attachment 3.2b page 9
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.

10. 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 permits 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 03/14/08

SIP Submittal Attachment 3.2b page 10
Section 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

Residential 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-half 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 

prohibited, 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 

prohibited, 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 

LRAPA 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 

prohibited, 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, inclusive, the text shall 

apply.

Section 47-030 Amended 10/26/01

SIP Submittal Attachment 3.2b page 11
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 State

SIP Submittal Attachment 4.1 page 1
Address: 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 in

2003. 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 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 in

2003. 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 the

Department 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 Energy

Generation Information System Operating Rules and updated language regarding the tracking of stranded electricity. The rules will

become 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

SIP Submittal Attachment 

10

4.1 page 2
Date: 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-1994

trucks. 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 particulate

matter, 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 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. 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. 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 the

LRAPA 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 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.

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 streamlining

rules 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

SIP Submittal Attachment 

11

4.1 page 3
• 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 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. 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 the

LRAPA 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 parties

This 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 Standards

and National Emission Standards for Hazardous Air Pollutants applicable to non-major or area sources including aluminum, copper, and

other 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 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. 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 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 the

LRAPA 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 parties

This 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 Air

Contaminant 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

SIP Submittal Attachment 

12

4.1 page 4
• Regulate motor vehicle and mobile equipment surface coating

and 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) by

requiring 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 the

increased 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

SIP Submittal Attachment 

13

4.1 page 5
340-200-0040

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.

Address

SIP Submittal Attachment 4.2 page 1
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 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

SIP Submittal Attachment 4.2 page 2
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