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Department of Environmental Quality

811 SW Sixth Avenue

Portland, OR 97204-1390

(503) 229-5696

TTY (503) 229-6993

February 16, 2001

U.S. Environmental Protection Agency, Region 10

Attn: Chuck Findley, Acting Administrator

1200 Sixth Avenue

Seattle, WA 98101

Re: Revision to the State Implementation Plan: Open Burning Control Rules

Dear Mr. Findley:

By copy of this letter, the Oregon Department of Environmental Quality (DEQ) is submitting five

copies of amendments to Oregon's State Implementation Plan (SIP) directly to the Air

Programs Development Section, Air and Radiation Branch of the U.S. EPA Region 10. The

amendments clarify and streamline DEQ's open burning control program to better protect the

environment; improve administration and enforcement, update open burning control areas,

clarify opportunities for local control, and reflect recent statutory amendments regarding

agricultural burning. The Environmental Quality Commission (EQC) adopted these

amendments as revisions to the SIP under OAR 340-200-0040 on December 1, 2000. DEQ is

submitting the revisions pursuant to 40 CFR 51.104.

I certify that public notices of hearings on these open burning rules were published in

newspapers of general circulation on May 31 and June 1, 2000 and in the Secretary of State's

Oregon Bulletin on June 1, 2000, and that DEQ conducted hearings on July 18, 19, and 20,

2000. The notices included a statement that adoption of the rules would revise the SIP.

Thank you for your assistance with these revisions to Oregon's SIP. Staff contacts for this

submittal are Kevin Downing, lead rule writer, at 503-229-6549, and Loretta Pickerell, SIP

coordinator, at 503-229-5556.

Sincerely,

Stephanie Hallock

Director

SH:AQ:LP:amf

LTRIAQ78139.doc

Attachments:

iJregon

John A. Kitzhaber, M.D., Governor

eci

DEQ-1

November 27, 2000

Page 2

Attachment 1: Evidence the State Has Adopted the Revisions.

1.1 Staff Report, Agenda Item J of the December 1, 2000 EQC Meeting.

See also Certificate and Order for Filing Permanent Administrative Rules in

Attachment 4.2.

Attachment 2: Evidence the State Has the Necessary Legal Authority.

See Attachment 1.1, "Authority to Address the Issue" (page 3 of Staff Report, Agenda

Item J).

Attachment 3: Provisions Submitted for Approval

3.1 SIP Rule Modification: OAR 340-200-0040. Effective date, December 15, 2000.

3.2 Opening Burning rules, OAR 340-264. Effective date, December 15, 2000.

See also: Certificate and Order for Filing Permanent Administrative Rules, Attachment

4.2 (for effective date).

Attachment 4: Evidence the State followed the Administrative Procedures Act.

4.1 Public notice in Secretary of State's Oregon Bulletin, June 1, 2000.

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed December

15, 2000.

Attachment 5: Evidence of Adequate Public Notice.

5.1 Affidavits of Publication: The Oregonian (Portland), Notices of June 1, 2000 and

August 2, 2000 (comment period extension) publication.

5.2 Affidavit of Publication: The World Newspaper (Coos Bay), Notice of June 1,

2000 publication.

5.3 Affidavit of Publication: East Oregonian (Pendleton), Notice of June 1, 2000

publication.

5.4 Affidavit of Publication: Pioneer (Jefferson County), Notice of May 31, 2000

publication.

5.5 Affidavit of Publication: Corvallis Gazette-Times (Corvallis), Notice of June 1,

2000 publication.

5.6 Affidavit of Publication: Daily Journal of Commerce (Portland), Notice of June 1,

2000 publication.

Attachment 6: Certification of Public Hearing.

See paragraph two of cover letter and Attachment 7.1.

Attachment 7: Compilation of Public Comments.

7.1 Presiding Officers' Report for Rulemaking Hearings on July 18, 19, and 20, 2000.

Attachment 8: No SIP Relaxation Demonstration

8.1 DEQ memo to file, December 7, 2000

cc wl attachments:

Debra Suzuki, EPA, Region 10 (5 complete sets)

cc w/o attachments:

Paul Koprowski, EPA Oregon Operations Office

Andrew Ginsburg, DEQ AQ Administrator

Loretta Pickerelf, DEQ SIP Coordinator

Attachment 1

Evidence the State Has

Adopted the Revision

1.1 Agenda Item J of the December 1, 2000 EQC Meeting.

See also Permanent Administrative Rule Filing Certificates

in Attachment 4.2.

® Rule Adoption Item

Action Item

Information Item

Attachment 1.1

pg. 1

Agenda Item J

November 30/December 1 Meeting

Title:

Rules for Open Burning

Summary:

This rulemaking is part of the Air Quality Program's improvement process, in this case, Phase I

of revisions to the open burning rules that are intended to clarify and streamline the rules. The

proposed rulemaking makes several changes to the existing open burning control program to

enhance environmental protection, upgrade administration and enforcement of the program,

improve service by allowing local jurisdictions to issue DEQ burn permits and update rules to

reflect changes in the law, particularly in regards to agricultural burning.

7

Environmental Quality Commission

Department Recommendation:

The Commission adopt the rules/rule amendments regarding open burning as an amendment to

the Clean Air Act State Implementation Plan as presented in Attachment A of the Department

Staff Report.

C -51.15

or 0

por Author Division Administrator 13irec

Accommodations for disabilities are available upon request by contacting the Public Affairs Office at

(503)229-53 17(voice)/(503)229-6993(TDD).

Attachment 1.1

pg. 2

State of Oregon

Department of Environmental Quality Memorandum

Date: November 7, 2000

To: Environmental Quality Commission

From: Lydia Taylor

Subject: Agenda Item J, Rules for Open Burnin ,

EQC Meeting November 30/December I, 2000

Background

On April 4, 2000, the Director authorized the Air Quality Division to proceed to a rulemaking

hearing on proposed rules which would adopt new rules/rule amendments regarding open

burning to improve environmental protection, clarify the Department's authority to regulate

burning under applicable laws, and streamline the administration of the rules.

Pursuant to the authorization, hearing notice was published in the Secretary of State's Bulletin on

June 1, 2000. The Hearing Notice and informational materials were mailed to the mailing list of

those persons who have asked to be notified of rulemaking actions, and to a mailing list of

persons known by the Department to be potentially affected by or interested in the proposed

rulemaking action on May 24, 2000.

Public Hearings were held July 18''' in Coos Bay, Corvallis and Madras; July 19''' in Tillamook;

and July 20' x' in Gresham and Pendleton. Martin Abts, Duane Altig, Larry Calkins and Kevin

Downing served as Presiding Officers. Written comment was received through August 10, 2000.

The Presiding Officer's Report (Attachment C) summarizes the oral testimony presented at the

hearings and lists all the written comments received. A copy of the comments is available upon

request.

Department staff have evaluated the comments received (Attachment D). Based upon that

evaluation, modifications to the initial rulemaking proposal are being recommended by the

Department. These modifications are summarized below and detailed in Attachment E.

This proposal, if adopted, will be submitted to the US Environmental Protection Agency (EPA)

as a revision to the State Implementation Plan (SIP) (OAR 340-200-0040), which is a

requirement of the Clean Air Act. The Department has the statutory authority to address this

Accommodations for disabilities are available upon request by contacting the Public Affairs Office at (503) 229-

5317 (voice)i(503) 229-6993 (TDD).
Attachment 1.1

pg. 3

Memo To: Environmental Quality Commission

Agenda Item J, Rules for Open Burning, EQC Meeting, November 30/December 1,2000

Page 2

issue under ORS 468A.040 and ORS 468.065. The SIP revision authority resides in

ORS468A.035.

Keywords and Acronyms

Burning of waste from activities on land currently used or intended

to be used for the raising, harvesting and selling of crops or by

raising and selling livestock or poultry or their product. These

activities are primarily for the purpose of obtaining a profit in

money from these agricultural operations.

Burning in open, outdoor fires, burn barrels, burning in certain

solid waste or infectious waste incinerators or any other outdoor

burning when combustion is not effectively controlled and the

resulting combustion products are not vented through a stack or

chimney.

State Implementation Plan, OAR 340-200-0040. A document

prepared by each state describing existing air quality conditions

and measures which will be taken to attain and maintain national

air quality standards.

Issue this Proposed Rulemaking Action is Intended to Address

This rulemaking is Phase I of the Air Quality Program's improvement process intended to clarify

and streamline the existing open burning rules. This proposal is intended to reduce the amount of

time the Department spends on open burning issues and shift resources to other, higher priority air

quality improvement activities.

This proposal clarifies the opportunity to delegate authority to local governments, including fire

districts as some local jurisdictions have expressed an interest in enforcing the Department's open

burning rules. Such a step would improve service to citizens as air quality concerns can be

addressed in one step as citizens seek approval to burn under local government or fire district

regulations. This rulemaking also makes several housekeeping changes including updating the

listing of open burning control areas based on growth in population.

The 1999 Legislature amended the statutes that provide the governing authority to regulate

agricultural burning. These amendments have clarified that outside of field burning in the

Agricultural burning -

Open burning -

SIP -
Attachment 1.1

Pg. 4

Memo To: Environmental Quality Commission

Agenda Item J, Rules for Open Burning, EQC Meeting, November 30/December 1,2000

Page 3

Willamette Valley, the Department is not authorized to regulate agricultural burning. This action

will amend the Department's rules to conform to the new statutory authority. -

Phase II will follow in a year or two, and is planned to take a more comprehensive look at the

program in concert with local regulatory authorities. The goal of Phase II is to provide better

customer service by coordinating state and local open burning and nuisance programs.

Relationship to Federal and Adjacent State Rules

There are no federal rules applicable to open burning. The open burning rules are an element of

the State Implementation Plan, a federally approved and enforceable strategy outlining how

Oregon will meet federal air quality health standards,

Idaho and Washington each have somewhat similar rules placing restrictions of some form of

open burning. In California there are no statewide open burning rules and each district is

responsible for promulgating and enforcing its own rules. Each of these districts have open

burning rules, most with several elements in common including a list of prohibited materials to

burn, exemption of certain activities from regulation, restrictions on open burning as alternatives

become available and possibly geographic based restrictions.

Authority to Address the Issue

As provided in ORS 468A.010, the Department is directed "to restore and maintain the quality of

the air resources of the state in a condition as free from air pollution as is practicable, consistent

with the overall public welfare of the state. " The extent to which the Department may regulate

sources of air pollution is outlined in ORS468A.020, which exempts some forms of open burning

from regulation like agricultural burning other than field burning, fires set for fire fighting

training and fires set by public agencies for weed abatement and prevention and elimination of a

fire hazard.

Process for Development of the Rulemaking Proposal (including Advisory Committee and

alternatives considered),

Department staff from throughout the state met over the course of several months to identify the

issues associated with the Department's role in implementing open burning controls and to

recommend solutions to those problems, Staff consulted with the Department of Justice to resolve

legal issues identified. During this time, staff also made inquiries and presentations before

potentially affected parties, such as fire districts and local governments, to determine the impact
Attachment 1.1

pg. 5

Memo To: Environmental Quality Commission

Agenda Item J, Rules for Open Burning, EQC Meeting, November 30/December 1,2000

Page 4

and feasibility of various approaches to develop these proposed amendments.

Summary of Rulemaking Proposal Presented for Public Hearing and Discussion of

Significant Issues Involved.

In keeping with the statutory direction provided by the Legislature, the Environmental Quality

Commission's policy since 1976 has been to eliminate open burning practices where alternative

waste disposal methods are feasible and practical. The mechanism to accomplish that policy

goal has tied population growth in Oregon cities to restrictions on open burning that encourage

alternative disposal methods and resource recovery. These rules update the list of cities that fall

within the prescribed population growth thresholds. Environmental protection is also enhanced

by rule amendments that harmonizes the proposed nuisance definition with the Department's

proposed nuisance rules, requires a permit for slash burning in open burning control areas not

otherwise regulated by the Smoke Management Plan and requires a permit to burn any waste

moved off the property of origin.

These rules also clarify the extent of the authority of the Department to regulate agricultural open

burning in light of amendments made in 1999 to the statutes governing open burning. The

amendments also streamline administration of the program by clarifying that persons responsible

for open burning activity are strictly liable for violations of the rule, clarifying authority to order

illegal fires to be extinguished and providing for delegation of open burning authority to local

jurisdictions, if requested.

Summary of Significant Public Comment and Changes Proposed in Response

Comment: Maintain the current list of open burning control areas.

Response: The Department does not agree with the comment and recommends adoption of the

list of open burning control areas as proposed. The open burning restrictions implement the

policy outlined in the rule, i.e., to reduce open burning as a waste disposal option where feasible

alternatives are available. Even though the alternatives to open burning cost more than burning

itself, these alternatives are available in these communities, and are reasonably required. Air

quality has improved in those areas where open burning has been previously curtailed. It is still

a prudent approach to restrict open burning even where compliance with the particulate matter

standard, the principle criteria pollutant emitted from open burning, has been achieved. Other

air contaminants are also present when burning even natural vegetative debris, e.g., benzene and

1,3 butadiene.

n Comment: Allow burning at night and for longer periods of time through the year.

Response: The Department does not agree with the comment and does not recommend these

changes to the proposed rules. Wind speeds for proper dispersion are much less reliable after
Attachment 1.1

pg. 6

Memo To: Environmental Quality Commission

Agenda Item J, Rules for Open Burning, EQC Meeting, November 30/December 1,2000

Page 5

nightfall. The open burning seasons reflect the periods of time where conditions for dispersion

and fire prevention are optimally found. There may be days outside of these seasons when

conditions are more ideal but it is a burden on local fire districts to expand their fire protection

efforts beyond the generally recognized seasons currently in use.

n Comment: Allow storm debris damage to be burned.

Response: The Department acknowledges that there may be compelling circumstances to bum

storm debris in some cases but no changes in the rules are otherwise recommended. The

current rules allow for permits to be issued by Department staff when open burning is otherwise

prohibited. Removal of storm damage can be a consideration but must be weighed against the

availability of feasible alternatives and the potential for an air quality impact. The rules allow

these situations to be addressed on a case-by-case basis.

n Comment: Allow tumbleweed burning.

Response: The Department supports this recommendation and has prepared a recommended

revision to the rules. Tumbleweeds blown by the wind are an ongoing disposal issue in parts of

eastern Oregon. Disposal by transfer to solid waste landfills is uneconomic and infeasible. The

material can be burned hot with minimal smoke and the air quality impacts tend to be

insignificant.

n Comment: Allow burning because of agricultural quarantines or to enhance wildlife

habitat.

Response: The Department agrees with these comments and has prepared revisions to the rules.

Fire has additional value as a management tool beyond the solid waste disposal utility that the

rule is intended to discourage. As originally proposed, the rules would allow farmers to use

burning to manage disease and pest control under quarantine. However, an agricultural

quarantine may also extend to nonagricultural activities. The Department recommends

allowing quarantine burning on nonagricultural land if no alternatives are available and the

Department of Agriculture authorizes the burn. Similarly, fire is useful for managing wildlife

habitat and for wetland restoration. Under some circumstances federal and state law prescribe

the use of fire for these purposes. The Department recommends a change to the rules allowing

open burning for wildlife habitat enhancement provided no alternatives are available and the

burn is authorized under identified state or federal programs.

SummaryofHow the Prouosed RuleWill Work and How it Willbe Implemented

The rule will become effective on January 2, 2001, before the start of the next burning season.

Informational materials will be prepared on the adopted changes and distributed to fire districts

around the state. Department field staff will conduct presentations and briefings with key groups

to provide information about the program. Members of the public still desiring to burn in open

burning control areas will need to apply to the Department for a permit addressing the

requirements outlined in 340-264-0180.
Attachment 1.1

Pg• 7

Memo To: Environmental Quality Commission

Agenda Item J, Rules for Open Burning, EQC Meeting, November 30/December 1,2000

Page 6

Recommendation for Commission Action

It is recommended that the Commission adopt the rules/rule amendments regarding open burning

as an amendment to the Clean Air Act State Implementation Plan as presented in Attachment A

of the Department Staff Report.

Attachments

A. Rule (Amendments) Proposed for Adoption

B. Supporting Procedural Documentation:

1. Legal Notice of Hearing

2. Fiscal and Economic Impact Statement

3. Land Use Evaluation Statement

4. Questions to be Answered to Reveal Potential Justification for Differing

from Federal Requirements

5. Cover Memorandum from Public Notice

C. Presiding Officer's Report on Public Hearing

D. Department's Evaluation of Public Comment

E. Detailed Changes to Original Rulemaking Proposal made in Response to Public

Comment

F. Rule Implementation Plan

Reference Documents (available upon request)

Written Comments Received (listed in Attachment C

(Other Documents supporting rule development proc•' ss or proposal)

Approved:

Section:

Division:

Report Prepared By: Kevis Downing

Phone: 503 229-6549-

Date Prepared: November 6, 2000

KD:kd

E:IWINWORD10pen Burning\EQC Meeting\EQC Staff Report.doc

10/17/00
Attachment 2

Evidence the State Has

the Necessary Legal Authority

See Attachment 1.1, "Authority to Address the Issue" (page

3 of staff report, Agenda Item J).

Attachment 3

Provisions Submitted for Approval

3.1 SIP Rule Modification: OAR 340-200-0040. Effective

date, December 15, 2000.

3.2 Open Burning rules. Effective date, December 15,

2000.

See also Certificate and Order for Filing Permanent

Administrative Rules in Attachment 4.2 (for effective

dates).

Attachment 3.1

340200-0040

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 the Department of

Environmental Quality and is adopted as the state implementation plan (SIP) of the State of Oregon

pursuant to the federal Clean Air Act, Public Law 88-206 as last amended by Public Law 101-519,

(2) Except as provided in section (3) of this rule, revisions to the SIP shall be made pursuant to the

Commission's rulemaking procedures in Division 11 of this Chapter and any other requirements

contained in the SIP and shall be submitted to the United States Environmental Protection Agency

for approval.

(3) Notwithstanding any other requirement contained in the SIP, the Department is authorized:

(a) To 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 the Department

has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 1992); and

(b) To 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, the Department shall enforce the more stringent provision.]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Slat. Auth.: ORS 468.020

Slats. Implemented: ORS 468A.035

Hist DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, F. 6-21-73, ef. 7-1-73; DEQ 19-1979, F. & ef. 6-25-79; DEQ 21-1979, f, & of. 7-2-79; DEQ 22-1980, f. & of. 9-

26-80; DEQ 11-1981, F. & of. 3-26-81; DEQ 14-1982, F, & ef, 7-21-82; DEQ 21-1982, f, & ef. 10-27-82; DEQ 1-1983, F. & ef; 1-21-83; DEQ 6-1983, F. & ef.

4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, F. & ef. 11-27-84; DEQ 3-1985, f. & of 2-1-85; DEQ 12-1985, F. & ef. 9-30-85; DEQ 5-1986, f, & ef.

2-21-86; DEQ 10-1986, F. & of 5-9-86; DEQ 20-1986, F, & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, F. & ef. 3-2-87; DEQ 5-1987, F. & of. 3-

?-87; DEQ 8-1987, f. & ef, 4-23-87; DEQ 21-1987, F. & cf. 12-15-87; DEQ 31-1988, F. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ

19-199i, f. & cert. ef. 1143-91; DEQ 20-1991, f & cert. of. I-13-91; DEQ 21-1991,E & cert. ef. 11-11-91; DEQ 22-1991, f. & eert. ef. 1]-13-91; DEQ 23-

1991, & cert. ef. 11 . 13-91; DEQ 24-1991,E & cert. ef. 11.13-91; DEQ 25-1991, f. & cert. eF. 11-13-91; DEQ 1-1992, & cert. ef. 2-4-921 DEQ 3-1992, f. &

cert. ef. 2-4-92; DEQ 7-1992, F. & cert. of. 3-30-92; DIIQ 19-1992, F. & cert. of. 3-11-92; DEQ 20.1992, f & cert. of. 8-I 1-92; DEQ 25-1992, F. 10-30-92, cert.

ef. 11-1-92; DEQ 26-1992, F. & cert. ef. 11-2-92; DEQ 27-1992, f. &cert. ef. 11-12-92; DEQ 4-1993, f. & cert. of. 3-10-93; DEQ 8-1993, F. & cert. ef. 5-11.93;

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. of. 11-4-93; DEQ 16 . 1993, F, & cart, of 11-4.93; DEQ 17-1993, f, & cert. ef. 11-4-93; DEQ 19-

1993, f. & cart, ef, II-4-93; DEQ 1.1994, F. & cert. ef. 1-3-94; DEQ 5-1994, F. & cert. ef. 3-21-94; DEQ 14.1994, F. & cert. of. 5-31-94; DEQ 15-1994, f. 6-8-

94, can, ef. 7-I -94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5.1-95; DEQ 10-1995, F. & cert. ef. 5-1-95; DEQ 14-1995, f, & cert. of. 5-

25-95; DEQ 17-1995, F. & cert. ef. 7-12-95; DEQ 19-1995, F. & cert. of. 9-1-95; DEQ 20-1995 (Temp), f. & cert. cf. 9-1445; DEQ 8-1996(Temp), F. & cert. of.

6-3-96; DEQ 15-1996,E & cert. of 8-14-96; DIFQ 19-1996, f. & cert. of. 9-24-96; DEQ 22-1996, f. & cert. of. 10-22-96; DEQ 23-1996, F. & cert. ef. 11-4-96;

DEQ 24-1996, f. & cert. of. 11-26.96; DEQ 10-1998, F. & cert. of. 6-22-98; DEQ 15-1998, F. & cert. ef. 9-23-98; DEQ 16-1998, F. & cert, ef, 9923-98; DEQ 17-

1998, F. & cert. ef. 9-23-98; DEQ 20-1998, F. & cert. ef. 10-12-98; DEQ 21-1998, F. & cert. of. 10-12-98; DEQ 1-1999, f. & cert. eF. 1-25-99; DEQ 5-1999,E &

cart. of. 3-25-99; DEQ 6-1999, F. & cart, ef. 5.21-99; DEQ 10-1999, F. & cert. of. 7-1-99; DEQ14-1999, f, & cert. ef. 10-14-99, Renumbered from 340-020-

0047; DEQ 15-1999, F. & can, ef, 10-22-99; DEQ 2 .2000, 12 2-17.00, cert. ef. 6-1-01; DEQ 6-2000, F. & cert. ef. 5-22 .00; DEQ 8-2000, F, & cert. ef. 6-6-00;

DEQ 13-2000, f. & cert. of. 7-28-00; DEQ 16-2000, f, & cert. ef. 10-25-00; DEQ 17-2000, F. & cert. of. 10-25-00; DEQ 20-2000, P. & cert. ef. 12-15.00; DEQ

21-2000, f &cert, ef. 12-15-00.

Attachment 3.2

pg. 1

OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

DIVISION 264

RULES FOR OPEN BURNING

340-264-0010

How to Use These Open Burning Rules

(I) This Division classifies all open burning into one of seven classes: Agricultural; Commercial;

Construction; Demolition (which includes land clearing); Domestic (which includes burning

commonly called 'backyard burning" and burning of yard debris); Industrial; or Slash. Except for

field burning within the Willamette Valley regulated through OAR Chapter 340, Division 266 and

slash burning administered by the forest practices smoke management plan of the Oregon

Department of Forestry, this Division prescribes requirements for and prohibitions of open burning

for every location in the state. Generally, if a class of open burning is not specifically prohibited in

a given location, then it is authorized subject to OAR 340-264-0050 and 340-264-0060 and the

requirements and prohibitions of local jurisdictions and the State Fire Marshal. In addition, some

practices specifically mentioned in OAR 340-264-0040 are exempted from this Division.

(2) Organization of rules:

(a) OAR 340-264-0020 is the Policy statement of the Environmental Quality Commission setting

forth the goals of this Division;

(b) OAR 340-264-0030 contains definitions of terms that have specialized meanings within the

context of this Division;

(c) OAR 340-264-0040 lists specific types of open burning and practices that are not governed by

this Division;

(d) OAR 340-264-0050 lists general requirements that usually apply to any open burning governed

by this Division;

(e) OAR.340-264-0060 lists general prohibitions that apply to most open burning;

(f) OAR 340-264-0070 establishes the open burning schedule based on air quality and

meteorological conditions as required by ORS 468A.570;

(g) OAR 340-264-0075 allows the delegation of some or all of the open burning authority to be

administered by a local jurisdiction;

(h) OAR 340-264-0078 contains the legal description of Open Burning Control Areas and maps that

generally depict these areas;

(i) OAR 340-264-0080 indexes each county of the state to a specific rule giving specific restrictions

for each class of open burning applicable in the county;

(j) OAR 340-264-0100 through 340-264 .0170 are rules that give specific restrictions to open

burning for each class of open burning in the counties named in each rule;

(k) OAR 340-264-0180 provides for a letter permit authorization for open burning under certain

circumstances in which open burning otherwise would be prohibited;

(I) OAR 340-264-0190 establishes criteria for use of forced-air pit incineration.

(3) Use of this Division will be made easier by the following procedure:

Rules of this Division as last modified by the EQC on 12/1/2000

Printed 02/13/01

Division 264 page 1

Draft Version Only
Attachment 3,2

pg. 2

OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(a) Read OAR 340-264-0050 and 340-264-0060 to understand general requirements and

prohibitions that apply to all burning governed by this Division;

(b) In OAR 340 .264-0030 read the definitions of Agricultural, Commercial, Construction,

Demolition, Domestic and Industrial open burning plus the definitions of land clearing and yard

debris to determine the type of burning of concern. Also read OAR 340-264-0040 to determine

if the type of burning is exempted from this Division;

(c) Locate the rule (OAR 340-264-0100 through 340-264-0170) that governs the county in which

burning is to take place. OAR 340-264-0090 is an index to the county rules;

(d) Read the sections. of the county rules that apply to the type of burning to be accomplished;

(e) If not prohibited by this Division, obtain a fire permit from the fire district, county court or

county commissioners before conducting any burning;

(f) If the type of burning proposed is prohibited by this Division, refer to OAR 340-264-0180

(Letter Permits) or 340-363-0190 (Forced-Air Pit Incinerators) for a possible alternative.

[NOTE: This rdie is included in the State of Oregon Clean Air Act implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040,]

Slat. Auth.: ORS 468, ORS 468A & ORS 477

Scats. Implemented: ORS 468A,555

Hist.: DEQ 27-1981, F. & el.. 9-8-81; DEQ 4-1993, F. & cert. ef. 3-10-93; DEQ 14-1999, F. & cert. ef. 10-14-99, Renumbered from 340-023-0022; DEQ 21-

2000, F. & cert, ef. 12-15-00.

340-264-0020

Policy

In order to restore and maintain the quality of the air resources of the state in a condition as free from

air pollution as is practicable, consistent with the overall public welfare of the state, it is the policy

of the Environmental Quality Commission:

(1) To eliminate open burning disposal practices where alternative disposal methods are feasible and

practicable;

(2) To encourage the development of alternative disposal methods;

(3)'To emphasize resource recovery;

(4) To regulate specified types of open burning;

(5) To encourage utilization of the highest and best practicable burning methods to minimize emissions

where other disposal practices are not feasible; and

(6) To require specific programs and timetables for compliance with this Division.

[NOTE: This rile is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040,]

Stat Auth.: ORS 468 & ORS 468A

Scats, Implemented: ORS 468A.555

Hist.: DEQ 123, F. & ef. 10-20-76; DEQ 27-1981, F. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f & cert. ef. 10-14-99, Renumbered From

340-023-0025

340-264-0030

Definitions

The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same

term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the definition in this rule applies

to this division.

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OREGON ADMINISTRATIVE RULES

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(1) "Agricultural Burning for Disease or Pest Control" means open burning of waste infected or

infested with a disease or pest for which the County Extension Service or Oregon Department of

Agriculture identify as having no other practicable control.

(2) "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 crops or by raising

and selling livestock or poultry, or the produce thereof, which activity is necessary to serve that

purpose. Agricultural operation also means activities conducted by not-for-profit agricultural

research organizations, which activities are necessary to serve that purpose. It does not include the

construction and use of dwellings customarily provided in conjunction with the agricultural

operation.

(3) "Agricultural Open Burning" means the open burning of any agricultural waste, except as provided

in OAR 340-264-0040(5).

(4) "Agricultural Waste" means any waste material generated or used by an agricultural operation,

excluding those materials described in OAR 340-264-0060(3).

(5) "Animal Disease Emergency" means the occurrence of a disease that the Oregon Department of

Agriculture determines has potentially serious economic implications for the livestock industries of

this state.

(6) "Auxiliary Combustion Equipment" includes, but is not limited to, fans or air curtain incinerators.

(7) "Combustion Promoting Materials" include, but are not limited to, propane, diesel oil, or jellied

diesel.

(8) "Commercial Open Burning" means the open burning of any commercial waste.

(9) "Commercial Waste" means:

(a) Any material except:

(A) Agricultural waste;

(B) Construction waste;

(C) Demolition waste;

(D) Domestic waste;

(E) Industrial waste; and

(F) Slash.

(b) Examples of commercial waste are waste material from offices, wholesale or retail yards and

outlets, warehouses, restaurants, mobile home parks, domestic waste removed from the

property of origin, and dwellings containing more than four family living units, such as

apartments, condominiums, hotels, motels or dormitories.

(10) "Commission" means the Environmental Quality Commission.

(1 I) "Construction Open Burning" means the open burning of any construction waste.

(12) "Construction Waste" means any waste material generally used for, resulting from or produced by

a building or construction project. Examples of construction waste are wood, lumber, paper,

crating and packing materials processed for or used during construction, materials left after

completion of construction, and materials collected during cleanup of a construction site.

(13) "Daylight hours" means the dine between 7:30 a.m. and two hours before sunset.

(14)"Demolition Open Burning" means the open burning of demolition waste.

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OREGON ADMINISTRATIVE RULES

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(15) "Demolition Waste" means any material resulting from or produced by the complete or partial

destruction or tearing down of any man-made structure, or the clearing of any site for land

improvement or cleanup, excluding yard debris (domestic waste) , and agricultural waste,

(16) "Department" means the Department of Environmental Quality.

(17) "Director" means the Director of the Department or delegated employee representative pursuant to

ORS 468.045(3).

(18) "Domestic Open Burning" means the open burning of any domestic waste.

(19) "Domestic Waste" means household waste material, which includes paper, cardboard, clothing,

yard debris, or other material generated in or around a dwelling of four-or-fewer-family-living

units, or on the real property appurtenant to the dwelling. Such waste materials generated in or

around a dwelling of more than four-family-living units are commercial wastes. Once domestic

waste is removed from the property of origin, it becomes commercial waste..

(20) "Fire Hazard" means the presence or accumulation of combustible material of such nature and in

sufficient quantity that its continued existence constitutes an imminent and substantial danger to life,

property, public welfare, or adjacent lands.

(21) 'Forced-Air Pit Incineration" means any method or device by which burning is accomplished in a

subsurface pit or above-ground enclosure using:

(a) Combustion air supplied under positive draft by an air curtain; and

(b) Combustion air controlled in order to optimize combustion efficiency and minimize the emission

of air contaminants.

(22) "Hazard to public safety" means fires that burn prohibited materials or result in smoke that

substantially impairs visibility on a roadway.

(23)"Industrial Open Burning" means the open burning of any industrial waste.

(24) "Industrial. Waste" means any waste material, including process waste, produced as the direct

result of any manufacturing or industrial process.

(25) "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. All waste material generated by land clearing is

demolition waste except those materials included in the definitions of agricultural wastes, yard

debris (domestic waste), and slash.

(26) "Letter Permit" means an authorization issued pursuant to OAR 340-264-0180 to burn select

materials at a defined site and under certain conditions.

(27) "Local Jurisdiction" means:

(a) The local fire permit issuing authority; or

(b) The local governmental entity having authority to regulate by law or ordinance.

(28) "Nuisance" means a substantial and unreasonable interference with another's use and enjoyment of

real property, or the substantial and unreasonable invasion of a right common to members of the

general public.

(29) "Open Burning" means:

(a) Burning in open, outdoor fires;

(b) Burning in burn barrels;

(c) Burning in incinerators that do not meet the emission limitations specified for solid and

infectious waste incinerators in OAR 340-230-0100 through 340-230-0150; and

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OREGON ADMINISTRATIVE RULES

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(d) Any other outdoor burning when combustion air is not effectively controlled and combustion

products are not effectively vented through a stack or chimney,

(30) "Open Burning Control Area" means an area established to control specific open burning practices

or to maintain specific open burning standards that may be more stringent than those established for

other areas of the state. Open burning control areas in the state are described in OAR 340-2640078.

(31) "Person" means any individual, corporation, association, firm, partnership, joint stock company,

public or municipal corporation, political subdivision, the state or any agency thereof, or the federal

government or any agency thereof.

(32) "Population" means the annual population estimate of incorporated cities within the State of

Oregon issued by the Center for Population Research and Census, Portland State University,

Portland, Oregon.

(33) "Slash" means forest debris or woody vegetation to be burned that is related to the management of

forest land used for growing and harvesting timber.

(34) "Special Open Burning Control Area" means an area in the Willamette Valley where the Department

restricts the practice of open burning. These areas are described in OAR 340-264-0078(6).

(35) "Ventilation Index" means a number calculated by the Department relating to the ability of the

atmosphere to disperse pollutants. The ventilation index is the product of the measured or estimated

meteorological mixing depth in hundreds of feet and the measured or estimated average wind speed

in knots through the mixed layer.

(36) "Waste" includes any useless or discarded materials. Each waste is categorized in this Division as

one of the following types:

(a) Agricultural;

(b) Commercial;

(c) Construction;

(d) Demolition;

(e) Domestic;

(t) Industrial; or

(g) Slash.

(37) "Yard Debris" means wood, needle or leaf materials from trees, shrubs or plants from the real

property appurtenant to a dwelling of not more than four family living units so long as such debris

remains on the property of origin. Once yard debris is removed from the property of origin, it

becomes commercial waste. Yard debris is included in the definition of domestic waste.

]NOTE: This rule is included in the State of Oregon Clean Air Aet Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200.0040.]

(ED. NOTE: The Figures referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Sta. Auth.: ORS 468, ORS 468A & ORS 477

Stars. Implemented: ORS 468A.555

Hist.: DEQ 123, f. & cf. 1040-76; DEQ 23.1979. f. & cf. 7.5.79, OEQ 27-1981. f. &. ef. 9.8-81; DEQ 10-1984, f. 5-29-84, el. 6-16-84: DEQ 21-1991, f. &

cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef, I0-14.49, Renumbered from 340-023-0030: DEQ 2t-2000, f & cert. ef. 12-

i5 .d0.

340-264-0040

Exemptions, Statewide

Except for the provisions contained in OAR 340-264-0050 and 340-264-0060, this Division does not

apply to:

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OREGON ADMINISTRATIVE RULES

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(I) Recreational fires and ceremonial fires, for which a fire is appropriate.

(2) The operation of any barbecue equipment,

(3) Fires set or permitted by any public agency when such fire is set or permitted in the performance of

its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or a

hazard to public health or safety, or for instruction of employees in the methods of fire fighting,

which in the opinion of the public agency is necessary. Open burning fires otherwise exempt from

the requirements of this division are still subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshall.

(4) Agricultural open burning pursuant to ORS 468A.020. Agricultural open burning is still subject to

the requirements and prohibitions of local jurisdictions and the State Fire Marshal.

(5) Open field burning, propane flaming, and stack and pile burning in the Willamette Valley between

the crests of the Cascade and Coast Ranges pursuant to OAR Chapter 340, Division 266, Rules for

Field Burning.

(6) Slash burning on forest land or within one-eighth mile of forest land permitted under the Oregon

Smoke Management Program regulated by the Department of Forestry pursuant to ORS 477.515.

(7) Fires set pursuant to permit for the purpose of instruction of employees of private industrial

concerns in methods of fire fighting, or for civil defense instruction.

(8) Fires set for the purpose of disposal of dry tumbleweed plants (typically Russian Thistle and

Tumbleweed Mustard plants) that have been broken off, and rolled about, by the wind.

(9) Agricultural burning for disease or pest control when the fire is set or authorized in writing by the

Department of Agriculture.

(10) When caused by an authorized representative of the Department of Agriculture, open burning of

carcasses .of animals that have died or been destroyed because of an animal disease emergency.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Qualify Commission under

OAR 340-200-0040.]

Star. Auth.: ORS 468, ORS 468A & ORS 477

Stets. Implemented: ORS 468A.555

flist.; DEQ 123, F.& ef. 10-20-76; DEQ 23-1979, F. & eF. 7-5-79; DEQ 27-1981, f. & et'. 9-8-81; DEQ 10-1984, F. 5-29-84, eF. 6-I6-84; DEQ 6-1992, F. & cert.

et'. 3. 11-92; DEQ 4-1993, F. & cert. e£ 3-10-93; DEQ 14-1999, F. & cert. eF. 10-14-99, Renumbered From 140-023-0035; DEQ 21-2000,f & cart. et'. 12-15-00.

340-264-0050

General Requirements Statewide

This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit,

ordinance, order or decree of the Commission or other agency having jurisdiction:

(1) The following persons are considered a responsible person for open burning in violation of this rule:

(a) Each person who is in ownership, control or custody of the real property on which open

burning occurs, including any tenant thereof;

(b) Each person who is in ownership, control or custody of the material that is burned; and

(c) Any person who causes or allows open burning to be initiated or maintained.

(d) For purposes of this rule, a public agency in its official capacity that has issued the permit for

burning is not considered a responsible person.

(2) A responsible person, or an expressly authorized agent, must constantly attend all open burning.

This person must be capable of and have the necessary equipment for extinguishing the fire. This

person also must completely extinguish the fire before leaving it.

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OREGON ADMINISTRATIVE RULES

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(3) A responsible person must promptly extinguish any burning that is in violation of any rule of the

Commission or of any permit issued by the Department, unless the Department has given written

approval to such responsible person to use auxiliary combustion equipment or combustion

promoting materials to minimize smoke production, and the responsible person complies with the

requirements in the written approval. However, nothing in this section authorizes any violation of

OAR 340-264-0060(2) or (3).

(4) To promote efficient burning and prevent excessive emissions of smoke, a responsible person must:

(a) Assure that all combustible material is dried to the extent practicable. This includes covering the

combustible material when practicable to protect the material from moisture in any form,

including precipitation or dew. However, nothing in this section authorizes any violation of

OAR 340-264-0060(2) or (3);

(b) Loosely stack or windrow the combustible material to eliminate dirt, rocks and other

noncombustible material and promote an adequate air supply to the burning pile, and provide

the necessary tools and equipment to accomplish this;

(c) Periodically re-stack or feed the burning pile, insure that combustion is essentially completed

and smoldering fires are prevented, and provide the necessary tools and equipment to

accomplish this.

(5) Notwithstanding OAR 340-264-0040(4), each person sanitizing perennial or annual grass seed crops

by open burning in counties outside the Willamette Valley must pay the Department $4 for each

acre burned:

(a) The Department may contract with counties, rural fire protection districts, or other responsible

individuals for the collection of the fees;

(b) All fees collected under this section must be deposited in the State Treasury to the credit of the

Department of Agriculture Service Fund.

(6) Open burning in compliance with this Division 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.

(7) If any commercial, construction, or demolition debris burning allowed in OAR 340-264-0100

through OAR 340-264-0170 violates OAR 340-264-0060(2), the open burning must be immediately

extinguished. Any future burning of this material or similar material by the responsible person is

prohibited unless the Department issues a letter permit pursuant to OAR 340-264-0180.

{NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040,1

Slat. Auth., ORS 468 de ORS 468A

Slats. Implemented: ORS 4681.35 S

I-list.: DEQ 123, F.& of. 10.20.76; DEQ 23-1979. r. & ef. 7.5-79; DEQ 27. 1981. f. & ef. 9.8-81; DEQ 6-1992. C. & cert. tr. 3-11-92; DEQ 4-1993. f. & colt. of.

3-10 .93; DEQ I4-1999. f. & cert. cf. 10-14.99, Renumbered from 340.023-0040; DEQ 21.2000, f & cert. ef. 12.15-00.

340-264-0060

General Prohibitions Statewide

This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit,

ordinance, or order or decree of the Commission or other agency having jurisdiction:

(1) The following persons are strictly liable for open burning in violation of this rule:

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OREGON ADMINISTRATIVE RULES

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(a) Each person who is in ownership, control or custody of the real property on which open burning

occurs, including any tenant thereof;

(b) Each person who is in ownership, control or custody of the material that is burned; and

(c) Any person who causes or allows open burning to be initiated or maintained.

(2) No person may cause or allow to be initiated or maintained any open burning that creates a nuisance

or a hazard to public safety.

(3) No person may cause or allow to be initiated or maintained any open burning of any wet garbage,

plastic, asbestos, wire insulation, automobile part, asphalt, petroleum product, petroleum treated

material, rubber product, animal remains, or animal or vegetable matter resulting from the

handling, preparation, cooking, or service of food or of any other material which normally emits

dense smoke or noxious odors.

(4) No person may cause or allow to be initiated or maintained any open burning of any material in any

part of the state on any day or at any time if the Department has notified the State Fire Marshal that

such open burning is prohibited because of meteorological or air quality conditions pursuant to

OAR 340-264-0070.

(5) No agency may issue any fire permit authorizing any open burning of any material at any location

on any day or at any time if the Department has notified the State Fire Marshal that such open

burning is prohibited because of meteorological or air quality conditions. If an agency issues a

permit in violation of this rule, the permit does not excuse any person from complying with this

section.

(6) No person may cause or allow to be initiated or maintained any open burning authorized by this

Division during hours other than specified by the Department.

(7) No person may 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 340-093-0050.

(8) No person may cause or allow to be initiated or maintained any open burning of debris removed

from the property of origin unless the person receives a letter peewit pursuant to OAR 340-264-

0180. A letter permit is not required to burn agricultural waste removed from the property of

origin provided the waste remains under control of the same responsible person.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040.1

Stat. Auth.: ORS 468A & ORS 468,020

State. Implemented: ORS 459.205

Hist.: DEQ 27-1981, f. & ef, 9-841; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 4-1993, f. & cart, of, 3-10-93; DEQ 9-1996, F. Sc cert. ef. 7-10-96; DEQ 14-

1999, f, & cert. of. 10-1449, Renumbered froem 340-023-0042; DFQ 21-2000, f & Bert, ef. 12-15.00.

340-264-0070

Open Burning Conditions

Pursuant to ORS 468A.570, 476.380, 477.520 and 478.960, the following open burning conditions

apply:

(1) Mandatory Prohibition Based on Adverse Air Quality Conditions:

(a) The Department will notify the State Fire Marshal that all open burning is prohibited in all or a

specified part of the state when the Department declares:

(A) A particulate or sulfur dioxide alert pursuant to OAR 340-206-0030(2);

(B) A particulate or sulfur dioxide warning pursuant to OAR 340-206-0030(3); or

(C) An emergency for any air contaminant pursuant to OAR 340-2060030(4).

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OREGON ADMINISTRATIVE RULES

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(b) All open burning is prohibited until the Department notifies the State Fire Marshal that the

episode and prohibition are terminated,

(2) Discretionary Prohibition or Limitation Based on Meteorological Conditions:

(a) The Department may notify the State Fire Marshal that all or specified types of open burning

are prohibited or limited in all or any specified parts of the state based on any one or more of

the following criteria affecting that part of the state:

(A) An air stagnation event as determined by the Department;

(B) The daily maximum ventilation index calculated by the Department for Willamette Valley

Open Burning Control Areas or Umpqua Basin Open Burning Control Area is less than

200;

(C) The daily maximum ventilation index calculated by the Department for the Rogue Basin

Open Burning Control Area is less than 400 for all regulated open burning.

(D) The Department determines there is poor ventilation;

(E) For regulation of burning of yard debris in urban areas, the amount of precipitation

expected during the day; or

(F) Any other relevant factor.

(b) Such prohibitions or limits remain in effect until the Depatttnent notifies the State Fire Marshal

that the prohibition or limitation has been terminated;

(c) In deciding whether to prohibit or limit open burning pursuant to this section, the Department

will consider:

(A) The policy of the state set forth in ORS 468A,010;

(B) The relevant criteria set forth in ORS 468A.025(2);

(C) The extent and types of materials available to be burned;

(D) In the case of Agricultural open burning, the recommendations received from any local

agricultural smoke management organization; and

(E) Any other relevant factor.

(d) In deciding whether to prohibit or limit any open burning pursuant to this section the

Department must give first priority to the burning of perennial grass seed crop used for grass

seed production, second priority for annual grass seed crop used for grass seed production,

third priority to grain crop burning, and fourth priority to all other burning.

(3) Unless prohibited or limited pursuant to section (1) or (2) of this rule, open burning will be allowed

only during daylight hours,. and must be conducted consistent with the other rules in this Division

and the requirements and prohibitions of local jurisdiction and the State Fire Marshal.

[`COTE: This rule is Included in the State of Oregon Clean Air Act implementation Platt as adopted by the Environmental Quality Commission under

OAR 340-200-0040.]

Slat. Auth.: ORS 468, ORS 468A & ORS 471

Stars. Implemented: ORS 468A•535

Hiss.: DEQ 21.1981, f. & ef. 9.8-811 DEQ 10-1984, F. 5-29-84, of. 6-1644; DEQ 21 . 1991, F. &cert. ef, I I-13-91; DEQ 4-1993, f. do cert. et: 3.10-93; DEQ Id.

1999, F. & cert. el. 10.14-99. Renumbered from 340.023-0043, DEQ 21.2000, f & cert. ef. 12-15-00.

340-264-0075

Delegation of Authority

Whenever the department finds chat any city, county, fire protection district, forest protection district or

state agency is capable of effectively administering the issuance and/or enforcement of permits under

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OREGON ADMINISTRATIVE RULES

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any or all of the open burning authority outlined within this division and is desirous of doing so, the

department may delegate powers necessary for the issuance and/or enforcement of open burning

permits to that entity. The department, upon finding that the entity is not effectively administering the

program, may withdraw such delegation.

Kist.: DEQ 21 . 2000, F& cert. ae, 12-15-00,

340-264-0078

Open Burning Control Areas

Generally, areas around the more densely populated locations in the state and valleys or basins that

restrict atmospheric ventilation are designated "Open Burning Control Areas". The practice of open

burning may be more restrictive in open burning control areas than in other areas of the state. The

specific open burning restrictions associated with these open burning control areas are listed in OAR

340-264-0100 through 340-264-0170 by county. The general locations of open burning control areas are

depicted in Figures 2 through 5. The open burning control areas of the state are defined as follows:

(1) All areas in or within three miles of the incorporated city limit of all cities with a population of

4,000 or more.

(2) The Coos Bay Open Burning Control Area is located in Coos County with boundaries as generally

depicted in Figure 3 of this rule. The area is enclosed by a line beginning at a point approximately

4-112 miles WNW of the City of North. Bend, at the intersection of the north boundary of T25S,

R13W, and the coastline of the Pacific Ocean; thence east to the NE corner of T25S, R12W; thence

south to the SE corner of T26S, R12W; thence west to the intersection of the south boundary of

T26S, R14W and the coastline of the Pacific Ocean, thence northerly and easterly along the

coastline of the Pacific Ocean to its intersection with the north boundary of T25S, R13W, the point -

of beginning.

(3) The Rogue Basin Open Burning Control Area is located in Jackson and Josephine Counties with

boundaries as generally depicted in. Figure 4. The area is enclosed by a line beginning at a point

approximately 4-1/2 miles NE of the City of Shady Cove at the NE corner of T34S, RIW,

Willamette Meridian, thence. south along the Willamette Meridian to the SW corner of T37S, R1W;

thence east to the NE corner of T38S, R1E; thence south to the SE corner of T38S, R1E; thence

east to the NE corner of T39S, R2E; thence south to the SE corner of T39S, R2E; thence west to

the SW corner of T39S, R1E; thence NW along a line to the NW corner of T39S, RIW; thence

west to the SW corner of-T38S,R2W;thence north to the SW corner of T36S, R2W; thence west

to the SW corner of T36S, R4W; thence south to the SE corner of T37S, R5W; thence west to the

SW corner of T37S, R6W; thence north to the NW corner of T36S, R6W; thence east to the SW

corner of T35S, R1W; thence north to the NW corner of T34S, R1W; thence east to the point of

beginning.

(4) The Umpqua Basin Open Burning Control Area is located in Douglas County with boundaries as

generally depicted in Figure 5, The area is enclosed by a line beginning at a point approximately

four miles ENE of the City of Oakland, Douglas County, at the NE corner of T25S, R5W,

Willamette Meridian, thence south to the SE corner of T25S, R5W; thence east to the NE Corner

of T26S, R4W; thence south to the SE corner of T27S, R4W; thence west to the SE corner of

T27S, RSW; thence south to the SE corner of T30S, R5W; thence west to the SW corner of T30S,

R6W; thence north to the NW corner of T29S, R6W; thence west to the SW corner of T28S, R7W

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thence north to the NW corner of T27S, R7W; thence east to the NE corner of T27S, R7W; thence

north to the NW corner of T26, R6W; thence east to the NE corner of T26S, R6W; thence north to

the NW corner of T25S, R5W; thence east to the point of beginning.

(5) The boundaries of the Willamette Valley Open Burning Control Area are generally depicted in

Figures X and 2. The area includes all of Benton, Clackamas, Linn, Marion, Multnomah, Polk,

Washington and Yarnhill Counties and that portion of Lane County east of Range 7 West.

(6) "Special Open Burning Control Areas" are established around cities within the Willamette Valley

Open Burning Control Area. The boundaries of these special open burning control areas are

determined as follows:

(a) Any area in or within three miles of the boundary of any city of more than 1,000 but less than

45,000 population;

(b) Any area in or within six miles of the boundary of any city of 45,000 or more population;

(c) Any area between areas established by this rule where the boundaries are separated by three

miles or less;

(d) Whenever two or more cities have a common boundary, the total population of these cities will

determine the applicability of subsection (a) or (b) of this section and the municipal boundaries

of each of the cities must be used to determine the limit of the special open burning control

area.

(7) A domestic burning ban area around the Portland metropolitan area is generally depicted in Figure

1A. This area encompasses parts of the special control area in Clackamas, Multnomah and

Washington Counties. Specific boundaries are listed in OAR 340-264-0120(5), 340-264-0130(5)

and 340-264-0140(5). Domestic burning is prohibited in this area except as allowed pursuant to

OAR 340-264-0180.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission tinder

OAR 340.200-0040,]

(ED. NOTE; The Figure(s) referenced in this rule is not printed in the OAR Compilation. Copies are available From the agency.]

Stat. Auth.: ORS 468 & ORS 468A

Scats. Implemented: ORS 468A.5S5

Hiss.: DEQ 27-1981, F. & et'. 9-8-81; DEQ 10-1984, f. 5 .29-84, cf. 6. 16.84; DEQ 4-1993, F. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99,

Renumbered from 340-023-0 1 15; DEQ 21 .2000, f & cert. ef. 12-15-00. Renumbered from 340-264-0200.

340-264-0080

County Listing of Specific Open Burning Rules

Except as otherwise provided, in addition to the general requirements and prohibitions listed in OAR

340-264-0050 and 340264-0060, specific prohibitions of Agricultural, Commercial, Construction,

Demolition, Domestic, and Industrial open burning are listed in separate rules for each county. The

following list identifies the rule containing prohibitions of specific types of open burning applicable to a

given county:

(1) Baker County -- OAR 340-264-0100,

(2) Benton County - OAR 340-264-0110,

(3) Clackamas County --- OAR 340-264 .0120.

(4) Clatsop County - OAR 340-264-0100.

(5) Columbia County - OAR 340-264-0150.

(6) Coos County - OAR 340-264-0170.

(7) Crook County - OAR 340-264-0100.

(8) Curry County -- OAR 340-264-0100.

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(9) Deschutes County - OAR 340-264-0100.

(10) Douglas County - OAR 340-264-0170.

(11) Gilliam County - OAR 340-264-0100.

(12) Grant County - OAR 340-264-0100.

(13) Harney County - OAR 340-264-0100.

(14) Hood River County - OAR 340-264-0100.

(15) Jackson County ---' OAR 340-264-0170.

(16) Jefferson County - OAR 340-264-0100.

(17) Josephine County - OAR 340-2640170.

(18) Klamath County - OAR 340-264-0100.

(19) Lake County - OAR 340-264-0100.

(20) Lane County -- OAR 340-264-0160.

(21) Lincoln County - OAR 340-264-0100.

(22) Linn County - OAR 340-264-0110,

(23) Malheur County - OAR 340-264-0100.

(24) Marion County - OAR 340-264-0110.

(25) Morrow County - OAR 340-264-0100.

(26) Multnomah County - OAR 340-264-0130.

(27) Polk County - OAR 340-264-0110.

(28) Sherman County - OAR 340-264-0100.

(29) Tillamook County - OAR 340-264-0100.

(30) Umatilla County - OAR 340-264-0100.

(31) Union County - OAR 340-264-0100.

(32) Wallowa County -- OAR 340-264-0100.

(33) Wasco County - OAR 340-264-0100.

(34) Washington County -. OAR 340-264-0140.

(35) Wheeler County - OAR 340-264-0100.

(36) Yamhill County - OAR 340-264-0110.

(NOTE: This ruin is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340200-0040,1

51at. Auth.: ORS 468 & ORS 468A

Stats, Implemented ORS 468A.555

Mat.: DEQ 121,t kef,_ 10-20-76; DEQ 23-1979, F_ & ef. 7-5-79; DEQ 1-1981 (Temp), f. & ef, 1 .9-81; DEQ 7.1981(.Temp), f. & ef. 2 . 17 .81; DEQ 8-1981

(Temp), f, & eE 3.13-81; DEQ 27-1981, F. & ef. 9-8-81; D Q 4-1993, F. & cert. ef, 3-10-93; DEQ 14.1999, F. & cert. of. 10.14.99, Renumbered from 340-023•

0045; DEQ 21 .2000, f & cart. ef. 12-15 .00.

Open Burning Requirements

340-264-0100

Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson,

Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa,

Wasco and Wheeler Counties

Open burning requirements for the counties of Baker, Clatsop, Crook, Curry, Deschutes, Gilliam,

Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman,

Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler:

(1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180.

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OREGON ADMINISTRATIVE RULES

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(2) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal.

(3) Commercial open burning:

(a) Commercial open burning is prohibited within Lincoln County except as provided in OAR 340-

264-0 180.

(b) Commercial open burning is allowed outside of open burning control areas subject to OAR 340-

264-0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of local

jurisdictions and the State Fire Marshal. Commercial open burning, unless authorized pursuant

to OAR 340-264-01.80, is prohibited within three miles of the corporate city limits of the

following open burning control areas, In addition, commercial open burning is prohibited in

any area meeting the test in OAR 340-264-0078 (1):

(c) In Baker County, the City of Baker City;

(d) In Clatsop County, the Cities of Astoria, Seaside and Warrenton;

(e) In Crook County, the City of Prineville;

(f) In Curry County, the City of Brookings;

(g) In Deschutes County, the Cities of Bend and Redmond;

(h) In Hood River County, the City of Hood River;

(i) In Jefferson County, the City of Madras;

(j) In Klamath County, the City of Klamath Falls;

(k) In Malheur County, the City of Ontario;

(I) In Tillamook County, the City of Tillamook;

(m) In Umatilla County, the Cities of Hermiston, Milton-Freewater and Pendleton;

(n) In Union County, the City of La. Grande;

(o) In Wasco County, the City of The Dalles.

(4) Construction and Demolition open burning outside of an open burning control area is allowed

subject to the requirements and prohibitions of local jurisdictions, the State Fire Marshal, OAR

340-264-0050, 340-264-0060, and 340-264-0070. Construction and Demolition open burning,

unless authorized pursuant to OAR 340-264-0180, is prohibited within three miles of the corporate

city limits of the following open burning control areas. In addition, construction and demolition

burning is prohibited in any area meeting the standard in OAR 340-264-0078 (1):

(a) In Baker County, the City of Baker City;

(b) In Clatsop County, the Cities of Astoria, Seaside and Warrenton;

(c) In Crook County, the City of Prineville;

(d) In Curry County, the City of Brookings;

(e) In Deschutes County, the Cities of Bend and Redmond;

(0 In Hood River County, the City of Hood River;

(g) In Jefferson County, the City of Madras;

(h) In Klamath County, the City of Klamath Falls;

(i) In Lincoln County, the Cities of Lincoln City and Newport;

(j) In Malheur County, the City of Ontario;

(k) In Tillamook County, the City of Tillamook;

(I) In Umatilla County, the Cities of Hermiston, Milton-Freewater and Pendleton;

(m) In Union County, the City of La Grande;

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(n) In Wasco County, the City of The Dalles.

(5) Domestic open burning is allowed subject to the requirements and prohibitions of local jurisdictions,

the State Fire Marshal, and OAR 340-264-0050, 340-264-0060 and 340-264-0070.

(6) Slash burning on forest land within open burning control areas not regulated by the Department of

Forestry under the Smoke Management Plan is prohibited, except as provided in OAR 340-264-

0180.

(NOTE: This tttle is included in the State of Oregon Clean Air Act Implementation Plan as adapted by the Environmental Quality Commission under

OAR 340-200-0040.]

Scat. Auth.; ORS 468 & ORS 468A

Scats. Implemented; ORS 468A.355

Hist.; DEQ 27-1981, f. It cf. 9-8-81; DEQ 6-1992, f. & cert. of, 3-11-92; DEQ 4-1993, F. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. et'. 10-14-99,

Renumbered from 340-023-0055; DEQ 21-2000, F & cert. ef. 12-15-00.

340-264-0110

Benton, Linn, Marion, Polk, and )(anthill Counties

Open burning requirements for Benton, Linn, Marion, Polk, and Yarnhill Counties that form a part of

the Willamette Valley Open Burning Control Area described in OAR 340-264-0078:

(1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180.

(2) Agricultural open burning is allowed, subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshal.

(3) Commercial open burning is prohibited, except as provided in OAR 340-264-0180.

(4) Construction and Demolition open burning is allowed outside of special open burning control areas,

subject to the requirements and prohibitions of local jurisdictions, the State Fire Marshal, OAR

340-264-0050, 340-264-0060 and 340-264-0070. Unless authorized pursuant to OAR 340-264-

0180, Construction and Demolition open burning is prohibited within special open burning control

areas, including the following:

(a) Areas in or within six miles of the corporate city limit of:

(A) In Benton County, the City of Corvallis;

(B) In Marion County, the Cities of Salem and Keizer;

(C) In Polk County, the City of Salem.

(b) Areas in or within three miles of the corporate city limit of:

(A) In Benton County, the Cities of Albany, and Philomath;

(B) In-Linn. County,. the. Cities of Albany, Brownsville, Harrisburg, Lebanon, Lyons, Mill City,

Tangent and Sweet Home;

(C) In Marion County the Cities of Aumsville, Gervais, Hubbard, Jefferson, Mill City, Mt.

Angel, Silverton, Stayton, Sublimity, Turner and Woodburn;

(D) In Polk County, the Cities of Dallas, Falls City, Independence, Monmouth and Willamina;

(E) In Yamhill County, the Cities of Amity, Carlton, Dayton, Dundee, Lafayette,

McMinnville, Newberg, Sheridan and Willamina.

(c) Any areas that meet the test in OAR 340-264-0078(6).

(5) Domestic open burning:

(a) As generally depicted in Figure 1 of OAR 340-264-0078, domestic open burning is prohibited

in the special open burning control areas named in section (4) of this rule, except open burning

of yard debris is allowed beginning March first and ending June 15 th , inclusive, and beginning

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OREGON ADMINISTRATIVE RULES

Chapter 340 De artment of Environmental Quality

October 1st and ending December 15th, inclusive, subject to OAR 340-264-0050 and 340-264-

0060 and the requirements and prohibitions of local jurisdictions and the State Fire Marshal;

(b) Domestic open burning is allowed outside of special open burning control areas named in

section (4) of this rule, subject to OAR 340-264-0050, 340-264--0060 and 340-264-0070, and

the requirements and prohibitions of local jurisdictions and the State Fire Marshal;

(c) No person may cause or allow to be initiated or maintained any domestic open burning other

than during daylight hours, unless otherwise specified by the Department pursuant to OAR 340-

264-0070.

(6) Slash burning on forest land within special open burning control areas not regulated by the

Department of Forestry under the Smoke Management Program is prohibited, except as provided in

OAR 340-264-0180.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040.[

(ED. NOTE: The Figure referenced in this rule is not printed in the OAR Compilation. Copies are available from the ageney.l

Stat, Audi.: ORS 468 & ORS 468A

Scats. Implemented: ORS 468A.555

Hist.: DEQ 27-1981, F. to ef. 9-8-81; DEQ 10-1984, f. 5-29-84, of. 6-16-84; DEQ 6-1992, f. & cert. ef, 3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-

1999, f. & cert. of. 10-t4-99, Renumbered from 340-023-0060; DEQ 21-2000, F& cert. ef. 12-15-00.

340-264-0120

Clackamas County

Open burning requirements for Clackamas County:

(1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180.

(2) Agricultural open burning is allowed, subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshal.

(3) Commercial open burning is prohibited, except as may be provided by OAR 340-264-0180.

(4) Construction and Demolition open burning is allowed outside of special open burning control areas,

subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal. Unless authorized pursuant to OAR

340-264-0180, Construction and Demolition open burning is prohibited within the following:

(a) Areas in or within six miles of the corporate city limits of Gladstone, Gresham, Happy Valley,

Lake Oswego, Milwaukie, Oregon City, Portland, Rivergrove, Tualatin, West Linn and

Wilsonville;

(b) Areas in or within three miles of the corporate city limits of Canby, Estacada, Molalla and

Sandy.,

(c) Any areas that meet the test in OAR 340-264-0078(6).

(5) Domestic open burning:

(a) Those areas where domestic burning is always prohibited (unless authorized under 340-264-

0180): Beginning at the trisection of the Clackamas-Multnomah-Washington County Line;

thence east and then northerly and then east following the Clackamas-Multnomah County Line

to the intersection with the northwest corner of Section 27, TIS, R2E; thence south to the

midpoint of the western boundary of Section 3, T2S, R2E; thence on a tine east approximately

114 of a mile; thence south to the southern boundary of Section 3, T2S, R2E and the corner of

Camp Withycombe (Oregon National Guard): thence west approximately 1/4 mile to the

midpoint of the southern boundary of Section 3, T2S, R2E; thence on a line south to the

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

Clackamas River and the Metro Boundary as defined in Oregon Revised Statutes (ORS)

Chapter 268.125; thence following the Metro Boundary first southerly and then westerly to the

intersection with the Willamette River, excepting that portion listed in subsection (b)(2); thence

northeasterly along the Willamette River to the confluence with the Tualatin River; thence

northwesterly along the Tualatin River to the intersection with U.S. Interstate Highway 205 (I205); thence westerly along I--205 to the intersection with the Clackamas-Washington County

Line; thence north along the Clackamas-Washington County Line to the trisection of the

Clackamas-Multnomah-Washington County Line, the point of beginning.

(b) Those areas where domestic open burning is prohibited except for the burning of yard debris

between March 1 and June 15, and between October 1 and December 15, subject to OAR 340-

264-0050 through OAR 340-264-0070, and the requirements and prohibitions of local

jurisdictions and the State Fire Marshall, are the areas that lie within both Clackamas County

and the Metro Boundary and are not included in paragraph (a) of this section. Specifically,

those areas are listed as follows:

(A) The area beginning at the point on the Clackamas-Washington County Line where it is

intersected by 1-205; thence. easterly along 1-205 to the intersection with the Tualatin River;

thence southeasterly along the Tualatin River to the confluence with the Willamette River;

thence southerly along the Willamette River to the intersection with the northern boundary

of Section 15, T3S, R1E; thence west to the northwest corner of Section 15, T3S, R1E;

thence north to the northwest corner of section 10, T3S, R1E.; thence west to the northwest

corner of Section 9, T3S, R1E; thence north to the northwest corner of Section 4, T3S,

R1E; thence west to the intersection with the Clackamas-Washington County Line; thence

north to the intersection with 1-205, the point of beginning. _

(B) The area bounded by Henrici Road on the south; Highway 213 on the west; Beaver Creek

Road on the east; and the southern boundary of Clackamas Community College on the

north.

(C) The area beginning at the point where the Clackamas-Multnomah County Line intersects

the northwest corner of Section 27, T1S, R2E; thence south to the midpoint of the western

boundary of Section 3, T2S, R2E; thence on a line east approximately 114 of a mile; thence

south to the southern boundary of Section 3, T2S, R2E and the corner of Camp

Withycombe; thence west 114 mile to the midpoint of the southern boundary of Section 3,

T2S, R2E; thence on a line south to the Clackamas River; thence -eastefi i along the

Clackamas River to the intersection with the western boundary of Section 18, T2S, R3E;

thence north to the northwest corner of Section 18, T2S, R3E; thence east to the northwest

corner of Section 14, T2S, R3E; thence north to the northwest corner of Section 11, T2S,

R3E; thence east to the intersection with Epperson Road; thence north-northwesterly along

Epperson Road to the intersection with the Clackamas-Multnomah County Line at the

northern boundary of Section 29, T1S, R2E; thence west along the county line to the

northwest corner of Section 27, T1S, R2E, the point of beginning.

(c) Domestic open burning is allowed in all other areas of Clackamas County, subject to OAR 340-

264-0050 and 340-264-0060 and the requirements and prohibitions of local jurisdictions and the

State Fire Marshal;

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(d) No person may cause or allow to be initiated or maintained any domestic open burning other

than during daylight hours unless specified by the Department pursuant to OAR 340-264-0070.

(6) Slash burning on forest land within special open burning control areas not regulated by the

Department of Forestry under the Smoke Management Program is prohibited, except as provided in

OAR 340-264-0180.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation p lan as adopted by the Environmental Quality Commission under

OAR 340-200-0040,1

Sim. Auk: ORS 468 & ORS 468A

Sims. Implemented; ORS 468A.555

Mist.: DEQ 27-1981, F. 3c ef. 9-8-81: DEQ 10-1984, F. 5-29.84, ef, 6.16•S4; DEQ 6-1992, 1'. & cert, ef, 3-11 .92: DEQ 4.1993, f. & cen. et'. 3-10-93; DEQ 14-

I993, F. 3c cert. ef. 5-25-95; DEQ 14-1999. F. St cert. el'. 10-14.99, Renumbered from 340-023 .4065; DEQ 21-2000.F & cert. cr. 12-I 5-00.

340-264-0130

Multnomah County

Open burning requirements for Multnomah County:

(1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180.

(2) Agricultural open burning is allowed, subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshal.

(3) Commercial open burning is prohibited, except as provided in OAR 340-264-0180.

(4) Construction and Demolition open burning, unless authorized pursuant to OAR 340-264-0180, is

prohibited west of the Sandy River but is allowed east of the Sandy River, subject to OAR 340-264-

0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of local jurisdictions

and the State Fire Marshal.

(5) Domestic open burning:

(a) Those areas where open burning is always prohibited (unless authorized by 340-264-0180):

(A) The area encompassed by the line beginning at the point where the Multnomah, Clackamas,

and Washington County lines meet at a trisection; thence east and then north and then east

along the Multnomah-Clackamas County Line to the intersection with SE 172nd Avenue;

thence north along SE 172nd Avenue to the intersection with SE Foster Road; thence

southeasterly along SE Foster Road to the intersection with Jenne Road; thence

northeasterly along Jenne Road to the intersection with SE 174th Avenue; thence north

along SE 174th Avenue to the intersection with SE Marie Street; thence east along SE

Marie Street to the intersection with SE 182nd Avenue; thence north along SE 182nd

Avenue and continuing north as SE 182nd Avenue merges into SE181st Avenue and then

turns into NE 181st Avenue to the intersection with NE Sandy Boulevard; thence easterly

along NE Sandy Boulevard to the intersection with NE 185th Drive; thence north along NE

185th Drive to the intersection with Marine Drive; thence continuing on a line due north to

the Columbia River and the state line; thence following the Columbia River and the state

line; thence following the Columbia River and the state line to the confluence of the

Columbia and the Willamette Rivers; thence along the Willamette River to the Confluence

with the Multnomah Channel and the Portland City Limits; thence following the Portland

City Limits generally southerly to the intersection with Section 27, TIN, RIW and the

Multnomah-Washington County Line; thence following the Multnomah-Washington County

Line southwesterly and then south to the trisection of the Multnomah-ClackamasWashington County line. the point of beginning.

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(B) All areas in northwest Multnomah County that are not contained within a Fire Protection

District.

(C) The Burlington Water District.

(b) Those areas where domestic open burning is prohibited, except for the burning of yard debris

between March 1 and Stine 15, and between October 1_ and December 15 and subject to OAR

340-264-0050 through OAR 340-264-0070 and the requirements and prohibitions of local

jurisdictions and the State Fire Marshall, are the areas within Multnomah County that lie west

of the Sandy River and are not included in OAR 340-264-0130(5)(a).

(c) Domestic open burning is allowed east of the Sandy River, subject to OAR 340-264-0050, 340-

264-0060 and 340-264-0070, and the requirements and prohibitions of local jurisdictions and

.the State Fire Marshal;

(d) No person may cause or allow to he initiated or maintained any domestic open burning other

than during daylight hours unless otherwise specified by Department pursuant to OAR 340-264-

0070.

(6) Slash burning on forest land within special open burning control areas not regulated by the

Department of Forestry under the Smoke Management Program is prohibited, except as provided in

OAR 340-264-0180.

[NOTE: This rule is included in the State of Oregon Clean Air At Implementation Plan as adopted by the Environmental Quality Commission tinder

OAR 340-200-0040.]

Stat. Auih.: ORS 468 & ORS 468A

Stats. Implemented; ORS 468A.555

141st,: DEQ 27-1981, F. & ef, 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef. 3-11-92; DEQ 4-1993,. f. & cert. ef. 3-10 .93; DEQ 14-

1995, F. & cert. ef. 5-25-95; DEQ 14-1999, F. & cert, ef. 10-14-99, Renumbered from 340-023-0070; DEQ 21-2000, f & cert. et'. 12-15.00,

340-264-0140

Washington County

Open burning requirements for Washington County:

(1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180.

(2) Agricultural open burning is allowed, subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshal.

(3) Commercial open burning is prohibited, except as may be provided by OAR 340-264-0180.

(4) Construction and Demolition open burning, unless authorized pursuant. to OAR 340-264-0180, is

prohibited in all incorporated areas and areas within rural fire protection districts. Construction and

demolition open burning is allowed in all other areas subject to OAR 340-264-0050, 340-264-0060

and 340-264-0070, and. the requirements and prohibitions of local jurisdictions and the State Fire

Marshal.

(5) Domestic open burning:

(a) The area where open burning is always prohibited (unless authorized by 340-264-0180):

Beginning at the point where U.S. Interstate Highway 205 (1-205) intersects the WashingtonClackamas County Line; thence west along 1-205 to the Tualatin City Limits; thence following

along the Tualatin City Limits westerly, southerly, westerly and northerly to the intersection

with U.S. Highway 99; thence northerly along U.S. Highway 99 to the intersection with the

Metro Boundary as defined in Oregon Revised Statutes (ORS) Chapter 268.125; thence

following the Metro Boundary generally northerly and westerly to the intersection with the

Tualatin Valley Highway; thence westerly along the Tualatin Valley Highway to the

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

intersection with the western boundary of Section 11, TIS, R2W; thence north to the northwest

corner of Section 2, TIS, R2W; thence east to the northwest corner of Section 2, T1S, R2W;

thence north to the intersection with U.S. Highway 26; thence northwesterly along U.S.

Highway 26 to the intersection with Cornelius Pass Road; thence northeasterly along Cornelius

Pass Road to the intersection with the northern boundary of Section 23, TIN, R2W; thence east

approximately 1/5 mile along the northern boundary of section 23, TiN, R2W to the

southernmost point of the Orchard; thence north following the eastern boundary of the Orchard

to the intersection with West Union Road; thence southeasterly and then easterly along West

Union Road approximately 1.1 miles to a point approximately 1/4 mile west of the eastern

boundary of Section 24, TIN, R2W; thence north on a line approximately 1000 feet; thence

northeasterly on a line approximately 1/4 mile to the intersection of NW 185th Avenue and NW

Springville Road; thence northeasterly along NW Springville Road approximately 1/4 mile to

the one-quarter point of the northern boundary of Section 19, TIN, RIW; thence north

approximately 400 feet; thence east to the intersection with NW 185th Avenue; thence north

along 185th Avenue approximately 800 feet to the one-quarter point of the western boundary of

Section 18, TIN, R1W; thence gradually northeasterly such that the Rock Creek Campus of

Portland Community College is within the boundary approximately 1/2 mile to the midpoint of

Section 18, TIN, R1W; thence south following the eastern boundary of the Rock Creek

Campus of Portland Community College and continuing on a line due south to the intersection

with NW Springville Road and the southern boundary of Section 18, TIN, R1W; thence

northeasterly along NW Springville Road to the intersection with the Washington-Multnomah

County Line; thence following the Washington County line southeasterly and then southerly to

the point where the Washington-Clackamas County Line intersects 1-205, the point of

beginning.

(b) Those areas where domestic open burning is prohibited, except for the burning of yard debris .

between March 1 and June 15, and between October 1 and December 15, subject to OAR 340-

264-0050 through OAR 340-262-0070, and the requirements and prohibitions of local

jurisdictions and the State Fire Marshall:

(A) All incorporated areas in Washington County not listed in OAR 340-264-0140(5)(a) or

OAR 340-264-0 140(5)(c) .

(B) All unincorporated areas within municipal or rural fire districts.

(c) Those areas where domestic burning is allowed, subject to OAR 340-264-0050, and 340-264-

0060 and the requirements and prohibitions of local jurisdictions and the State Fire Marshall:

(A) The area enclosed by a line beginning at the point where Highway 26 intersects the western

boundary of Section 24, T2N, R4W; thence north to the northwest corner of Section 13,

T2N, R4W; thence east to the midpoint of the northern boundary of Section 16, T2N,

R3W; thence on a line south to the middle of Section 21, T2N, R3W; thence east to the

intersection with the midpoint of the western boundary of Section 22, T2N, R3W; thence

south to the southwest corner of Section 22, T2N, R3W; thence continuing south to the

northern boundary of Washington County Donation Land Claim (DLC) #44; thence

southeast and east following the northern boundary of Washington County DLC #44 to the

eastern boundary of Washington County DLC #44: thence southwesterly along the eastern

boundary of DLC #44 to the intersection with DLC Plot #76; thence continuing

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

southwesterly along the eastern boundary of DLC #76 to the intersection with the

Burlington Northern Railroad Line; thence northwesterly along the Burlington Northern

Railroad Line to the intersection with the southern boundary of Section 32, T2N, R4W;

thence west to the southwest corner of Section 36, T2,N, R4W; thence north to the point

where Highway 26 intersects the western boundary of Section 24, T2N, R4W, the point of

beginning.

(B) All unincorporated areas of Washington County outside of municipal or rural fire districts.

(d) No person may cause or allow to be initiated or maintained any domestic open burning other

than during daylight hours between 7:30 a.m. and two hours before sunset unless otherwise

specified by Department pursuant to OAR 340-264-0070,

(6) Slash burning on forest land within special open burning control areas not regulated by the

Department of Forestry under the Smoke Management Program is prohibited, except as provided in

OAR 340-264-0180,

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040.]

Scat, Auth.: ORS 468 & ORS 468A

Scats. Implemented; ORS 468A.553

Hist,: DEQ 27-1981, f. & ef, 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6.1992, f. & cert. at. 3-11-92; DEQ 4-1993, f, & cert. at 3-10-93; DEQ 14-

1995, f. & cert, el'. 5-25-95; DEQ 14-1999, f, & cert. ef. 10-14-99, Renumbered from 340-023-0075; DEQ 21-2000, f & cert. ef. 12-15-00,

340-264-0150

Columbia County

Open burning requirements for Columbia County:

(1) Industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180.

(2) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal.

(3) Commercial open burning is prohibited unless authorized pursuant to OAR 340-264-0180.

(4) Construction and demolition open burning:

(a) Unless authorized pursuant to OAR 340-264-0180, Construction and Demolition open burning is

prohibited within three miles of the open burning control areas of Clatskanie, Rainier, St.

Helens, Scappoose, and Vernonia and any other area that meets the standard in OAR 340-264-

0078(1);

(b) Construction and Demolition open burning is allowed in all other parts of Columbia County

subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal.

(5) Domestic open burning is allowed subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070,

and the requirements and prohibitions of local jurisdictions and the State Fire Marshal.

(6) Slash burning on forest land within open burning control areas not regulated by the Department of

Forestry under the Smoke Management Program is prohibited, except as provided in OAR 340-264-

0180.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340.200-0040.]

Slat. Auth.; ORS 468 & ORS 468A

Slats. Implemented: ORS 468A.555

Hist,: DEQ 27-1981, f, & of. 9-8-81; DEQ 4-1993, f. & cert, ef. 3-10-93; DEQ 14-1999, f. & cert. ef, 10-14-99, Renumbered from 340-023-0080; DEQ 21-

2000, F & cert. ef. 12. 4 5.00.

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Division 264 page 20

Draft Version Only
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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

340-264-0160

Lane County

Open burning requirements for Lane County. That portion of Lane County east of Range 7 West,

Willamette Meridian, forms a part of the Willamette Valley Open Burning Control Area as generally

described in OAR 340-264-0078(5) and depicted in Figure 2:

(1) The rules and regulations of the Lane Regional Air Pollution authority apply to all open burning in

Lane County, provided such rules are no less stringent than the provisions of this Division. The

Lane Regional Air Pollution Authority may not regulate agricultural open burning.

(2) industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180.

(3) Agricultural open burning is allowed subject to the requirements and prohibitions of local

jurisdictions and the State Fire Marshal:

(4) Commercial open burning, unless authorized pursuant to OAR 340-264-0180, is prohibited in Lane

County east of Range 7 West Willamette Meridian and in or within three miles of the city limit of

Florence on the coast. Commercial open burning is allowed in the remaining areas of Lane County,

subject to OAR 340-264-0050 and 340-264-0060 and the requirements and prohibitions of local

jurisdictions and the State Fire Marshal.

(5) Construction and Demolition open burning, unless authorized pursuant to OAR 340-264-0180, is

prohibited within all fire districts and other areas specified in this section but is allowed elsewhere

in Lane County, subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the

requirements and prohibitions of local jurisdictions and the State Fire Marshal. Areas where open

burning of construction and demolition waste is prohibited include:

(a) Bailey-Spencer RFPD;

(b) Coburg RFPD;

(c) Cottage Grove/South Lane Fire District;

(d) Creswell RFPD;

(e) Dexter RFPD except that portion east of the Willamette Meridian;

(t) Eugene RFPD No. 1;

(g) Goshen RFPD;

(h) Junction City Fire District;

(i) Junction City RFPD;

(j) Lane County Fire District #1;

(k) Lane RFPD No. .1 outside the Eugene-Springfield Urban Growth Boundary;

(1) Lowell RFPD;

(m) Marcola RFPD;

(n) McKenzie RFPD outside the Eugene-Springfield Urban Growth Boundary;

(o) Monroe RFPD that portion within Lane County;

(p) Oakridge RFPD;

(q) Pleasant Hill RFPD;

(r) Santa Clara RFPD outside the Eugene-Springfield Urban Growth Boundary;

(s) Westfir RFPD;

(t) Wiilakenzie RFPD;

(u) Zumwalt RFPD.

(6) Domestic open burning:

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(a) Domestic open burning outside the fire districts listed in section (5) of this ruse is allowed

subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal;

(b) Domestic open burning is prohibited within all fire districts listed in section (5) of this rule

except that open burning of yard debris is allowed subject to OAR 340-264-0050, 340-264-0060

and 340-264-0070, and the requirements and prohibitions of local jurisdictions and the State

Fire Marshal;

(c) Refer to Lane Regional Air Pollution Authority open burning rules for specific seasons and

hours for domestic open burning.

(7) Slash burning on forest land within special open burning control areas not regulated by the

Department of Forestry under the Smoke Management Program is prohibited, except as provided in

OAR 340-264-0180.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 340-200-0040.]

[ED. NOTE: The Figure referenced in this Wile is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth•: ORS 468 & ORS 468A

Stats. Implemented. ORS 468A.555

1-list.: DEQ 22-1981, F, & ef. 9-8-8E; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. sf. 1.11-92; DEQ 4-1993, F. & cert. ef. 3.10-93; DEQ. 14-

1999, F. & cert. ef. 10-14-99, Renumbered from 340-023-0085; DE,Q 21-2000, f & cert. et 12-15-00.

340-264-0170

Coos, Douglas, Jackson and Josephine Counties

Open burning requirements for Coos, Douglas, Jackson and Josephine Counties:

(1) Open burning control areas:

(a) The Coos Bay open burning control area as generally described in OAR 340-264-0078(2) and

depicted in Figure 3 is located in Coos County;

(b) The Umpqua Basin open burning control area as generally described in OAR 340-264-0078(4),

and depicted in Figure 5, is located in Douglas County;

(c) The Rogue Basin open burning control area as generally described in OAR 340-264-0078(3) and

depicted in Figure 4, is located in Jackson and Josephine Counties.

(2) Industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180.

(3) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and

prohibitions of local jurisdictions and the State Fire Marshal:

(4) Commercial open burning is prohibited- within the- Coos Bay; Umpqua Basin and Rogue Basin open

burning control areas and within three miles of the corporate city limits of Coquille, Reedsport and

other areas that meet the standard in OAR 340-264-0078(1), unless authorized pursuant to OAR

340-264-0180. Commercial open burning is allowed in all other areas of these counties subject to

OAR 340-264-0050, 340-264-0060 and 340-264-0070 and the requirements and prohibitions of

local jurisdictions and the State Fire Marshal.

(5) Construction and Demolition open burning is prohibited within the Coos Bay, Umpqua Basin and

Rogue Basin open burning control areas and within three miles of the corporate city limits of

Coquille, Reedsport and other areas that meet the standard within OAR 340-264-0078(1), unless

authorized pursuant to OAR 340-264-0180. Construction and Demolition open burning is allowed

in other areas of these counties subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070,

and the requirements and prohibitions of local jurisdictions and the State Fire Marshal.

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(6) Domestic open burning is allowed subject to OAR 340-264-0050, 340-264-0060, 340-264-0070 and

section (7) of this rule, and the requirements and prohibitions of local jurisdictions and the State

Fire Marshal,

(7) Slash burning on forest land within open burning control areas not regulated by the Department of

Forestry under the Smoke Management Program is prohibited, except as provided in OAR 340-

264-0180.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission wider

OAR 340-200.0040.]

(ED. NOTE: The Figures referenced in this rule are not printed the OAR Compilation. Copies are avaiIable from the agency,]

Stilt. Aoth.; ORS 468 & ORS 468A

Slats. Implemented: ORS 468A.555

Erist.: DEQ 27-1981, t' & ef. 9-3-81', DEQ 21-1991, t. & cert. et'. I I . 13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14.1999, C & cert. el'. 10-14-99,

Renumbered from 340.023-0090; DEQ 21 . 2000.5 & cert. et'. 12-15-00.

340-264-0180

Letter Permits

(1) Open Burning of commercial, industrial, slash, construction or demolition waste on a singly

occurring or infrequent basis or the open burning of yard debris that is otherwise prohibited, may

be permitted by a letter permit issued by the Department in accordance with this rule and subject to

OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of

local jurisdictions and the State Fire Marshal. OAR 340-014-0025 and division 216 do not apply.

(2) A letter permit may only be issued on the basis of a written application for disposal of material by

burning that has been approved by the Department. Each application for a letter permit must

contain the following items:

(a) The quantity and type of material proposed to be burned;

(b) A listing of all alternative disposal methods and potential costs that have been identified or

investigated;

(c) The expected amount of time that will be required to complete the burning (not required for

yard debris);

(d) The methods proposed to be used to insure complete and efficient combustion of the material;

(e) The location of the proposed burning site;

(f) A diagram showing the proposed burning site and the structures and facilities inhabited or used

in the vicinity including distances thereto;

(g) The expected frequency of the need to dispose of similar materials by burning in the future;

(h) If the application is for prescribed burning of standing vegetation for the purpose of creating or

restoring wetlands or for promoting or enhancing habitat for indigenous species of plants or

animals, the application must also include a citation to the federal or state law or program

requiring or authorizing such conversion or enhancement. The application must also include a

statement from the appropriate agency responsible for implementing the law or program that

open burning is the most practicable alternative for the conversion or enhancement.

(i) Any other information that the applicant considers relevant or the Department may require;

(j) For open burning of yard debris:

(A) A "Hardship Permit Application" completed on a form supplied by the Department; and

(B) Either payment of the appropriate fee pursuant to section (10) of this rule or a "waiver

request" completed on a form supplied by the Department.

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(3) Upon receipt of a written application, the Department 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 materials exists; and

(b) The proposed burning will not cause or contribute to significant degradation of air quality.

(c) For locations within Clackamas, Columbia, Multnomah and Washington counties, where open

burning is otherwise prohibited, the following conditions must also be met. Letter permits may

be issued only for disposing of:

(A) Material resulting from emergency occurrences, including but not limited to, floods, storms

or oil spills;

(B) Material originating as yard debris that has been collected and stored by governmental

jurisdictions, provided that no other reasonable means of disposal are available;

(C) Yard debris excluding grass clippings and leaf piles, on the property of a private residence

where the inability to burn creates a significant hardship due to:

(i) An economic burden because the estimated cost of alternative means of yard debris

disposal presents a financial hardship in relation to household income and expenses of

the applicant;

(ii) A physical handicap, personal disability, chronic illness, substantial infirmity or other

physical limitation substantially inhibiting the ability of the applicant to process or

transport yard debris; or

(iii)Inaccessibility of yard debris, where steepness of terrain or remoteness of the debris

site makes access by processing or transportation equipment unreasonable.

(4) The Department may deny an application for a letter petwit or revoke or suspend an issued letter

permit on any of the following grounds:

(a) Any material misstatement or omission in the application or a history of such misstatements or

omissions by the applicant;

(b) Any actual or projected violation of any statute, rule, regulation, order, permit, ordinance,

judgment or decree.

(5) In making its determination under section (3) of this rule, the Department may consider:

(a) The conditions of the airshed of the proposed burning;

(b) The other air pollution.. sources in the_viciriity . of_theproposed burning;

(c) The availability of other methods of disposal, and special circumstances or conditions that may

impose a hardship on an applicant;

(d) The frequency of the need to dispose of similar materials in the past and expected in the future;

(e) The applicant's prior violations, if any;

(f) The projected effect upon persons and property in the vicinity; and

(g) Any other relevant factor.

(6) Each letter permit issued by the Department pursuant to section (2) of this rule must contain at least

the following elements:

(a) The location where burning is permitted to take place.

(b) The number of actual calendar days on which burning is permitted to take place, not to exceed

seven. Burning pursuant to a permit for yard debris must be limited to three days per season

unless satisfactory justification for more burning is provided by the applicant.

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(c) The period during which the permit is valid, not to exceed a period of 30 consecutive days,

except a permit For yard debris. The actual period in the permit must be specific to the needs of

the applicant. The Department may issue specific letter permits for shorter periods.

(d) A letter permit for yard debris is valid for a single burning season or for both the spring and fall

burning seasons during a calendar year, as appropriate to the application and the fee paid

pursuant to the schedule in section (10) of this rule, The spring burning is from March 1 to

June 15, inclusive, and the fall burning season is from October 1 to December 15, inclusive,

(e) Equipment and methods required to be used by the applicant to insure that the burning is

accomplished in the most efficient manner over the shortest period of time to minimize smoke

production.

(t) The limitations, if any, based on meteorological conditions required before burning may occur.

Open burning under permits for yard debris must be limited to the hours and times that limit

seasonal domestic yard debris burning permitted in the county where the burning under the

letter permit is to occur.

(g) Reporting requirements for both starting the fire each day and completion of the requested

burning, (optional for permits for yard debris).

(h) A statement that OAR 340-264-0050 and 340-264-0060 are fully applicable to all burning under

the permit.

(i) Such other conditions as the Department considers to be desirable.

(7) Regardless of the conditions contained in any letter permit, each letter permit, except permits for

yard debris, will not be valid for more than 30 consecutive calendar days of which a maximum of

seven can be used for burning. The Department may issue specific letter permits for shorter

periods.

(8) Letter permits are not renewable. Any request to conduct additional burning requires a new

application and a new permit.

(9) No person may violate any condition, limitation, or term of a letter permit.

(10) All applications for a letter permit for yard debris must be accompanied by a permit fee payable to

the Department, or approved delegated authority, and become non-refundable upon issuance of the

permit. The fee to be submitted is:

(a) For a single burning season, spring or fall - $20;

(b) For a calendar year -- $30.

(11) The Department may waive the single season permit fee if the applicant shows that the cost of the

yard debris permit presents an extreme financial hardship in relation to the household income and

expenses of the applicant.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under

OAR 310-200-0040,)

Scat. Auth.: ORS 468 & ORS 468A

Scats, Implemented: ORS 468A.555

Hist,: DEQ 17.1981. F. & ef. 9.8-81, DEC? 10-1984, f. 5-29-84, at. 6-16-84; OEQ 1-1993, F. & cert. et, 3-10-93; DEQ 14-1999, F. & cen. ef. 10-14-99,

Remunbered From 340-023-0100, DEQ 2 -2000. e& cert. ci, 12 . 15.00.

340-264-0190

Forced-Air Pit Incinerators

Forced-air pit incineration may be approved as an alternative co open burning prohibited by this

Division, provided that the Following conditions are met:

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OREGON ADMINISTRATIVE RULES

Chapter 340 Department of Environmental Quality

(1) The person requesting approval of forced-air pit incineration must demonstrate to the satisfaction of

the Department that no feasible or practicable alternative to forced-air pit incineration exists.

(2) The forced-air pit incineration facility must be designed, installed, and operated in such a manner

that visible emissions do not exceed 40 percent opacity, as measured by EPA Method 9, for more

than three minutes out of any one hour of operation following the initial 30 minute startup period.

(3) The person requesting approval of a forced-air pit incineration facility must submit a Notice of

Construction and Application for Approval pursuant to OAR 340-210-0200 through 340-210-0220

before the department will approve any facility.

(4) A forced-air pit permit for operation of a forced-air pit incineration facility is required, based on the

same conditions and requirements for letter pecsctits in OAR 340-264-0180, except that both the

term of the permit and the operation limit of the facility will be specified in the permit and must be

appropriate to the purpose of the facility.

(NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Env.ironmentai Quality Commission under

OAR 340-200-0040.1

Stat. Auth.: ORS 468 & ORS 468A

Scats. Implemented: ORS 468A,575

Mist,; DEQ 27. 1981, f. Is of. 9-a-al; DEQ 4-1993, F. & cert. eF. 3-10-93; DEQ 14-1999, F, Is cert. eF, 10-14.99, Renumbered From 340-023-0105; DEQ 21-

2000, F& cert. eF, 12-15-00.

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pg. 27

340-264-0078

Figure 1

WILLAMETTE VALLEY OPEN BURNING CONTROL AREA

340-264-0078

Figure IA

METROPOLITAN AREA BACKYARD BURNING BOUNDARIES

Open Burning Control Areas

Rainier

Columbia City

Saint Helens Hood River Herrnisto

Scappoose The Dalles

Newpo

Willamette Valley

(including Lane Regional

Air Pollution Authority)

Terre

512000

bE Q GIS

0

OPEN BURNING

CONTROL AREAS

OUTSIDE OF WILLAMETTE VALLEY,

CITIES EXCEEDING POPULATION OF 4,000
_

a
Attachment 3,2

P8. 30

cJ

340-264-0078

Figure 3

COOS BAY OPEN BURNING CONTROL AREA

3 3 Miles

Open Burning Control Area terra

5Rg oo

OEO cis

Attachment 3.2

Pg. 31

340-264-0078

Figure 4

ROGUE BASIN OPEN BURNING CONTROL AREA

Attachment

3,2

pg. 32

340-264-0078

Figure 5

UMPQUA BASIN OPEN BURNING CONTROL AREA

Attachment 4

Evidence the State Followed the

Administrative Procedures Act

4.1 Public Notice in Secretary of State's Oregon Bulletin,

June 1, 2000.

4.2 Certificate and Order for Filing Permanent

Administrative Rule, filed December 15, 2000.

Attachment 4.1 '

pg. 1

•

OREGON

BULLETIN

Supplements the 2000 Oregon Administrative Rules Compilation

VOLUME 39, No. 6

June 1, 2000

For April 15, 2000 - May 15, 2000

Published by

BILL BRADBURY

Secretary of State

Copyright 2000 Oregon Secretary of State
Attachment 4,1

pg. 2 NOTICES OF PROPOSED RULEMAKING

revisions will enhance the efficiency and effectiveness of the County's

air quality program. Klamath County will follow local rulemaking

procedures in adopting the revised ordinance,.including a public hearing and consideration by the Klamath County Board of

Commissioners. During the EQC rulemaking action the department

will review the ordinance for stringency to ensure that adoption of the

revised ordinance does not constitute a relaxation of the EPA

approved SIP provisions for Klamath Falls.

The CO maintenance plan and associated rule amendments, if

adopted, will be submitted to the U.S. Environmental Protection

Agency as a revision to the Oregon State Implementation Plan (SIP)

as required by the Clean Air Act.

*Auxiliary aids for persons with disabilities are available upon

advance request.

Rules Coordinator: Susan M. Greco

Address: 811 SW 6th Ave., Portland, OR 97213

Telephone: (503) 229-5213

Date: Time: Location:

7-18-00 7 p.m. Newmark Center Bldg.

(across from Walmart)

Rm. 228

1988 Newmark Ave.

Coos Bay

7-18-00 7 p.m. La Sells Stewart Center - OSU

Agricultural Production Rm.

875 SW 26th St.

Corvallis

7-18-00 7 p.m. Madras Fire Station

Main Hall

765 S Adams Dr.

Madras

7-19-00 7 p.m. Tillamook County Courthouse

Commissioners' Meeting Rrn.

201 Laurel Ave.

Tillamook

7-20-00 7 p.m. Gresham City Hall

Springwater Trail Rm.

1333 NW Eastman Pkwy.

Gresham

7-20-00 7 p.m. Pendleton City Hall

Community Rm.

500 SW Dorion

Pendleton

Hearing Officer: Martin Abts; Kevin Downing; Larry Calkins;

Duane Altig; Kevin Downing; Tom Hack

Stet. Auth.: ORS 468A.010

Stets. Implemented: ORS 468A.025

Proposed Adoptions: 340-208-0300, 340-208-0310, 340-208-0320

Proposed Amendments: 340-200-0040, 340-208-0010, 340-208-

0110, 340-208-0200, 340-208-0210, 340-208-0500, 340-208-0510,

340-208-0560, 340-208-0570, 340-208-0600, 340-208-0610

Proposed Repeals: 340-208-0520, 340-208-0540, 340-208-0580,

340-208-0640, 340-208-0650, 340-208-0660, 340-208-0670

Proposed Ren. & Amends: 340-208-0530 to 340-208-0400, 340-

208-0620 to 340-208-0450

Last Date for Comment: 7-27-00

Summary: This proposal would refine the definition of an air quality

nuisance, outline criteria to determine a nuisance and propose an alternative to traditional enforcement tools to abate the nuisance. This

Division also contains other rules originally adopted in 1973 by the

Environmental Quality Commission from the former, and now defunct

Columbia-Willamette and Mid-Willamette Air Pollution Control

Authorities that are no longer applicable or have been superseded by

subsequent rule adoptions by the Commission. Most of these rules are

proposed for deletion. Two requirements are proposed to apply

statewide, i.e., a prohibition on masking otherwise harmful emissions

and a prohibition on large (greater than 250 microns) particle fallout.

Other proposed changes include housekeeping changes intended to

improve the readability and enforceability' of the rules. If adopted, the

rules in OAR 340-208-0010 through 340-208-0210 will be submitted

to the U.S. Environmental Protection Agency (EPA) as a revision to

the State Implementation Plan, which is a requirement of the Clean

Air Act.

*Auxiliary aids for persons with disabilities are available upo

advance request.

Rules Coordinator: Susan M. Greco

Address: 811 SW 6th Ave., Portland, OR 97213

Telephone: (503) 229-5213

Date: Time: Location:

7-18-00 7 p.m. Newmark Center Bldg.

(across from Walmart)

Rm. 228

1988 Newmark Ave.

Coos Bay

7-18-00 7 p.m. La Sells Stewart Center - OSU

Agricultural Production Rm.

875 SW 26th St.

Corvallis

7-18-00 7 p.m. Madras Fire Station

Main Hall

765 S Adams Dr.

Madras

7-19-00 7 p.m. Tillamook County Courthouse

Commissioners' Meeting Rm.

201 Laurel Ave.

Tillamook

7-20-00 7 p.m, Gresham City Hall

Springwater Trail Rm.

1333 NW Eastman Pkwy.

Gresham

7-20-00 7 p,m. Pendleton City Hall

Community Rm.

500 SW Dorion

Pendleton

Hearing Officer: Martin Abts; Kevin Downing; Larry Calkin g

Duane Altig; Kevin Downing; Tom Hack

Stet. Auth.: ORS 468A.025

Stets. Implemented: ORS 468A.020, 468A.040 & 468A.085

Proposed Adoptions: 340-264-0075

Proposed Amendments: 340-200-0040, 340-264-0010, 340-264

0030, 340-264-0040,340-264-0050,340-264-0060,340-264-007(

340-264-0100, 340-264-0110, 340-264-0120, 340-264-0130, 340-264

0.140,340-264-0150,340-264-0160,340-264-0170,340-264-018(

340-264-0190

Proposed Ren. & Amends: 340-264-0200 to 340-264-0080, 34C

264-0080 to 340-264-0090

Last Date for Comment: 7-27-00

Summary: This proposal would make several changes to th

Department's open burning rules to improve environmental protec

lion, update the list of open burning control areas, clarify authority t

regulate burning under applicable laws, particularly agricultural burr

ing, and streamline the administrative rules. These amendments,

adopted, will be submitted to the U.S. Environmental Protectio

Agency (EPA) as a revision to the State Implementation Plan, while

is a requirement of the Clean Air Act.

*Auxiliary aids for persons with disabilities are available upo

advance request.

Rules Coordinator: Susan M. Greco

Address: 811 SW 6th Ave., Portland, OR 97213

Telephone: (503) 229-5213

Department of Fish and Wildlife

Chapter 635

Date: Time: Location:

7-27-00 10 a.m. Oregon Dept. of Fish and Wildlife

Commission Rm..

2501 SW 1st Ave.

Portland, OR 97219

Hearing Officer: NIA

Stat. Auth.: ORS 183.325, 506.109 & 506.119

State. Implemented: ORS 506.129 & 507.030

Proposed Amendments: 635-041-0042

Last Date for Comment: 7-27-00

Summary: The Columbia River Compact agencies of Orego

Department of Fish and Wildlife and Washington Department of Fis

and Wildlife will meet jointly to consider rules relating to:

Oregon Bulletin June 2000: Volume 39, No. 6

12
al-07ado State ist Or"e'goil

O'Partmant of EnvironrtieittatQuality

Attachment 4.2

r^rr... I

i

. `

OF E DIRE010

I certify that the attached copies are true, full and correct copies of the ANENT Rule(s)

adopted on December 1, 2000 by the Environmental Quality Commission to become

effective upon filing . Rulemaking Notice was published in the

(upon Citing or later)

June 1, 2000 Oregon Bulletin.

(month and year)

Susan M. Greco 811 S.W. 6th Avenue, Portland, Oregon, 97204 (503) 229-5213

Rules Coordinator Address Telephone

RULEMAKING ACTION

List each rule number separately, 000-000-0000.

ADOPT: 340-264-0075

AMEND: 340-200-0040, 340-264-0010, 340-264-0030, 340-264-0040, 340-264-0050, 340-

264-0060, 340-264-0070, 340-264-0080, 340-264-0100, 340-264-0110, 340-264-0120, 340-264-

0130, 340-264-0140, 340-264-0150, 340-264-0160, 340-264-0170, 340-264-0180, 340-264-0190

REPEAL:

FILED

Secretary of State

Certificate and Order for Filing

PERMANENT ADMINISTRATIVE RULES

RENUIVIBER:

AMEND AND RENUMBER: 340-264-0200 to 340-264-0078

DEC 1 2000

AiiCH4VES DMV1SION

SECRETARY OF ATI

Stat. Auth.: ORS 468,020; ORS 468A.025

Other Authority:

Stats. Implemented: ORS 468A.020; 468A.040; 468A.085

RULE SUMMARY

These changes to the Department of Environmental Quality's (DEQ) open burning rules clarify

and streamline DEQ's open burning control program. They enhance environmental protection,

improve administration and enforcement, update the list of open burning control areas, clarify

opportunitie for local control, and reflect recent statutory amendments regarding agricultural

burin

/2--/8/eD

Date

Attachment 5

Evidence of Adequate Public Notice

5.1 Affidavits of Publication: The Oregonian (Portland),

Notices of June 1, 2000 and August 2, 2000 (comment

period extension) publication.

5.2 Affidavit of Publication: The World Newspaper (Coos

Bay), Notice of June 1, 2000 publication.

5.3 Affidavit of Publication: East Oregonian (Pendleton),

Notice of June 1, 2000 publication.

5.4 Affidavit of Publication: Pioneer (Jefferson County),

Notice of May 31, 2000 publication.

5.5 Affidavit of Publication: Corvallis Gazette-Times

(Corvallis), Notice of June 1, 2000 publication.

5.6 Affidavit of Publication: Daily Journal of Commerce

(Portland), Notice of June 1, 2000 publication.

5 ;7't Affiflavit' of Publication: Pioneer,(Jeffers-on County),

otice of May' 31, 2000" publication.

Attachment 5.1

pg. 1

AFFIDAVIT OF PUBLICATION

I, ... DIANE YSASAGA ....

BEING FIRST DULY SWORN DEPOSE AND SAY

THAT I AM THE PRINCIPAL CLERK OF THE PUBLISHER OF THE OREGONIAN,

A NEWSPAPER OF GENERAL CIRCULATION, AS DEFINED BY ORS 193.010 AND

193.020, PUBLISHED IN THE CITY OF PORTLAND, IN MULTNOMAH COUNTY,

OREGON: THAT THE ADVERTISEMENT, THE PRINTED TEXT OF WHICH IS SHOWN BELOW,

WAS PUBLISHED IN THE ENTIRE AND REGULAR ISSUES OF THE OREGONIAN

FOR 1 DAYS APPEARING ONLY TH

BEGINNING 06/01/00 , ENDING 06/01/00

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE `i0 02

z

NOTARY:

988215

AD TEXT:

Notice of

Public Hearing

on

Proposed Air Quality Rule

Adoption on Open Burning

The Department of Environ

mentl Quality is proposing that

the Environmental Quality

Commission amend its rules

regarding open burning. This

proposal would make several

changes to the Department's

open burning rules to improve

environmental protection, up

date the list of open burning

control areas, clarify authority

to regulate agricultural burning

under applicable laws, and

streamline the administrative

rules. This rule-will be submit

ted, if adopted, to the U.S. EPA

as a revision to the Oregon

Clean Air Act State Impiemen

tation Plan (OAR

340-200-0040), as required by

the Clean Air Act. Public hear

ings will be held on the rule at

OFFICIAL SEAL

SHIRLEY KALHAR

NOTARY PUBLIC-OREGON

COMMISSION NO. 312475

MY COMMISSION EXPIRES JULY 28, 2002

///

the ' following locations:

July 18, 20007:00PMCoos Bay

Newmark Center Building

(across from Walmart)

1988 Newmark Avenue

Room 228

July 18, 20007:OOPMCorvallis

Agricultural Production Room

LaSells Stewart Center - OSU

875 SW 25th Street

duly 18, 20007:00PMMadras

Main Hall

Madras Fire Station

765 S. Adams Drive

duly 19, 20007:00PMTillamook

Commmissloner's

Meeting Room

Tillamook County Courthouse

201 Laurel Avenue

duly 20, 20007:00PMGresham

Springwater Trail Room

Gresham City Hall

1333 W Eastman Parkway

duly 20, 20007:O0PMPendleton

Pendleton City Hall

Community Room

500 SW Dorion

Beginning at 6:30 PM staff will

be present to answer questions

about the proposals. The for

mat hearing and public testi

mony will begin at 7:00 PM.

Oral and written comments

will be taken at that time. A

Department staff person will

serve as presiding officer at the

hearing. Written comments

may be submitted to DEQ, Air

Quality Division, 811 SW 6th

Avenue, Portland, Oregon

97204 or faxed to (503) 229-5675

or e-mailed to dowing.ke

vin@deq.state.or.us anytime

before 5:00 PM, duly 27, 2000.

Copies of the complete pro

posed rule package may be

obtained from the DEQ Air

Quality Division, 811 SW 6th

Ave., Portland, Oregon, or by

calling (503) 229-6549.

AFFIDAVIT OF PUBLICATION

Attachment 5.1

pg. 3

I, . M.(.h .6/t . `^./.$ ... BEING FIRST DULY SWORN DEPOSE AND SAY

THAT I AM THE PRINCIPAL CLERK OF THE PUBLISHER OF THE OREGONIAN,

A NEWSPAPER OF GENERAL CIRCULATION, AS DEFINED BY ORS 193.010 AND

193.020, PUBLISHED IN THE CITY OF PORTLAND, IN MULTNOMAH COUNTY,

OREGON: THAT THE ADVERTISEMENT, THE PRINTED TEXT OF WHICH IS SHOWN BELOW,

WAS PUBLISHED IN THE ENTIRE AND REGULAR ISSUES OF THE OREGONIAN

FOR 1 DAYS APPEARING ONLY WE

BEGINNING 08/02/00 , ENDING 08/02/00

PRINCIPAL CLERK OF THE PUBLISHER

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE : 3 ^^`^

,^"•,' OFFICIAL SEA.

SHIRLEY KALHAR

NOTARY PUB L I C-OREGON COMMISSION NO. 312475

MY COMMISSION EMPIRES JULY 28, 2002

NOTARY:.

256373

AD TEXT:

Oregon Department of

Environmental Quality

Notice of Extension

of Public

Comment Period

on

Proposed Air Quality

Rule Adoption on Open

Burning and Air

Quality Nuisance Control

The Department of Environ

mental Quality is proposing

that the Environmental Quality

Commission amend its rules

regarding open burning and air

quality nuisance controls. Pub

lic hearings have been held on

these matters but the public

comment period is being ex

tended to allow further com

mentary on the rules. The pub

lic comment period is being

extended until August 10, 2000,

at 5:00 p.m, Some of these

rules w i l l be submitted, if

adopted, to the U.S. EPA as a

revision to the Oreon Clean
Attachment 5.1

Air Act p tate Implementation

Plan (OAR 340-200-0040), as

required by the Clean Air Act.

Written comments may be

submitted to DEQ, Air Quality

Division, 811 SW 6th Avenue,

Portland, Oregon 97204 or

faxed to 503-229-5675 or emailed to downing.ke

vin@deq.state.or,us anytime

before the close of the corn

ment period. Copies of the

complete proposed rule pack

age may be obtained from the

DEQ Air Quality Division, 811

SW 6th Ave., Portland, Oregon,

or by calling 503-229-6549.
Attachment 5.2

{

AFFIDAVIT OF INSERTION

P

STATE OF OREGON

COUNTY OF COOS SS

I, Peggy Roberson, being

First duly sworn, depose and say that I am the

Legal Advertising Services clerk for retail advertising,

of The World Newspaper, of general circulation,

published at Coos Bay, Oregon in the aforesaid

county and state: that I know from my personal

knowledge that the:

DEQ

NOTICE OF PUBLIC HEARING

1X4

a printed copy of which hereto annexed, was inserted in

the entire issue of said newspaper in the following issues:

JUNE 1, 2000

Subscribed and sworn to me before this 1st

day of June, 2000.

Notary Pub lc of Oregon

My commission expires ,

'0..t 1. Z1,-L 001

OFFICIAL SEAL

YONYA GODDEN

NOTARY PUBLIC - OREGON

COMMISSION NO. A300463

M C0Ml11SS10ti EXPIH£S APRIL 22, 2VOt

•

NOTICE OF PUBLIC HEARING

on "..

Proposed Air Quality Ruie Adoption on Open

Burning

The Department of Environmental Quality is

proposing that the Environmental Quality Cammission amend its rules regarding open burning.

This proposal .would make several changes to

the Depentner(s open burning rules to improve

environmental protection, update the list of open

burning control areas, clarify authority to regulate agricultural burning under applkable laws,

and streamline the administrative rules, This

rule will be submitted, if adopted, to the U.S.

EPA as a revision to the Oregon Clean Air Act

State Implementation Plan (OAR 340-200-

0040), as required by the Clean Air Act. A public

hearing will be held on the rule at the !allowing

location:

July 8, 2000_.7:00PM.,.. Coos Bay

Newmark Center Building

(across from Walmart) .

1988 Newmark Avenue

Room 22B

Beginning at 60 PM staff will be present to answer questions about the proposals. The formal

hearing and public testimony will begin at 7:00

PM. Oral and written comments wilt be taken at

that tirne.'A Department staff person will serve

as presiding officer at the hearing. Written comments may be submitted to DEQ, Air Quality Division, 8i i SW 6th Avenue, Portland, Oregon

97204 or faxed to.(503) 224-5675 or emoted to

downing. kevhttti deq.state.ar.us anytime before

5:00 PM, July 27 2000. Copies of the complete

proposed rule ckage. may be obtained horn

the DEQ Afr.QualityDNiakxi, 811 SW 6th Ave.,

Portland..Oregon,or bycalting:(503)229-8549.•

PUBLISHED June 1,2000.'

Attachment 5,3

IN THE ,COURT OF THE STATE OF OREGON

FOR UMATILLA COUNTY

AFFIDAVIT OF PUBLICATION

STATE OF OREGON

County of Umatilla} SS

Dawna Moran being duly sworn, depose and

say that I am the principal clerk of the publisher of the East

Oregonian, a newspaper of general circulation, as defined by

ORS 193.010 and 193.020; printed and published at Pendleton

in the aforesaid county and state; that the

EO-6596 Public Hearing Notice

a printed copy of which is hereto annexed; was published in the

entire issue of said newspaper for I successive and

consecutive issues in the following issues:

June 1, 2000

Subscribed and sworn to before me on this 8 th -, day of

June , 2000

r.r3^ ' r OFFICIAL SEAG

USA

G

t^.r^

v aU0

COREGON

NOiAR aN NC "322084

•"!` ,'v 7G hh'`i\,1:1141

SSi

^12iiii k

.Legal. Notices:

EO-6596

NOTICE OF PUBLIC

HEARING

on Proposed Air Quality

Rule Adoption on

Open Burning

The Department of

Environmental Quality is

proposing that the

Environmental. Quality

Commission amend its rules

regarding open burning.

This proposai.would make

several changes to the

Department's open burping.

rules to improve environmental protection, update

the list of open burning control areas, clarify authority

to regulate agricultural bumtrig under applicable taws,

and streamline the administrative rules. This rule, will

be submitted, if adopted,.to

the U.S. EPA as a revision to

the Oregon Clean Air Act

State Implementation Plan

(OAR 340-200-0040), as

required by the Clean Air

Act. Public hearings will be

held on the rule at the following locations:

July 20,. 2000, 7:00 PM,

Pendleton. City Hall,

Community Room,.500 SW

Dorian. .

Beginning at 6:30 PM staff will

be. present to answer questlons at7out''the Proposals.:'

. Tag.famai f1,F $1Jng,and-pub

Iic..testimofy 3,wlll-.begin F'ati

7:00 PM. Oral and written

comments will be taken at that

time. A Department staff

person will serve as presiding officer at the hearing.

Written comments may. be

submitted to DEQ, Air

Quality Division, 811 SW 6th

Avenue, Portland Oregon

97204 or faxed to (503) 229-

5675 or amalled to dawnInc. @ dea,state.o r.ug

anytime. before 5:00 PM,

July 27, 2000. Copies of

the complete proposed rule

package may be obtained

from the DEQ Alr Quality

Division, 811 SW 6th Ave.,

Portland, Oregon, or by calling (503) 229-6549..

June 1, 2000

Accounting ama.

D.p1 of Environmental Quality

JUIN 1 4 2000

Attachment 5.4

NOTICE OF'PUBLIC REARING

Proposed Mr Quality Rule Adoption on Open Burning '. '

The Department of Environmental Quality is proposing that the Envi- ronmental Quality Commission amend its rules regarding open burning.

This proposal would make several changes, to the Department's . open

burning auks to improve environmental protection, update the list, of open

burning control areas, clarify authority to regulate agricultural . burning

under applicable laws, and streamline the administrative rules. This rule

will be submitted, if adopted, to the U.S. EPA as a revision to the;Oregon

Clean Air Act State Implementation Plan (OAR 340-200-0040), as re-

'quired by 'the Clean Air Act. A public hearing will be held on the rude, at

the following location:' - '

July 18, 2000 7:00 PM Madras . Main Hall '

Madras Fire Station

765 S. Adams Drive .

Beginning at 6:30 PM staff will be present to answer questions about

the proposals. The formal hearing and public testimony will begin at 7:00

PM. Oral and written comments will be taken at that time. A Department

staff person will serve as presiding officer at the hearing: Written comments may be submitted to DEQ, Air Quality Division, -811 SW 6th Avenue, Portland, Oregon 97204.. or faxed to (503) 229-5675 or emailed to

downing.kevin@deq•state,or.us anytime before 5:00 PM, July 27, 2000.

Copies of the complete proposed rule package may be obtained from the

DEQ Air Quality Division, 811 SW 6th Ave., Portland, Oregon, or by calling (503) 229-6549,

Publish: May31, 2000

aboa a

Publisher

Subscribed and sworn to before me this THIRTY-FIRST day of MAY, 2000.

My Commission expires July 29, 2002.

OhFICIAL SEAL

EEEEMY J. SCH3NNCEKER

NOTARY PUBLIC-OREGON

COMMISSION NO. 313658

COMMISSION EXPIRES JULY 29, 2002

Affidavit of Publication

STATE OF OREGON, }

}

COUNTY OF JEFFERSON, }

I, TONY AHERN being fir.

edit-or, publisher, manager,

PIONEER, printer or his for

circulation, as defined by

Madras, in the aforesaid co

a. printed copy of which is

said newspaper for ONE succ

Issue date MAY 31, 2000

Issue date

Issue date

Issue date

Issue date

Issue date

The fee charged for the

$56.25

Attachment 5.5

AFFIDAVIT OF PUBLICATION

State of Oregon

ss }

County of Benton

I, Dianne B. Provost, being first duly sworn, depose and

say that 1 am the Legal Cleric of the Corvallis Gazette-Times, a

newspaper of general circulation, as defined by section 193.010 O.R.S.,

published at Corvallis OR, in the aforesaid county and state: that the

advertisement number 1075246 , for the account number 160869,

described as Open Burning, a printed copy is hereto annexed, was

published in the entire issue of said newspaper in the following issues:

June 1, 2000

Subscribed and sworn to before me this 1st day of

June. 2000.

Notice o1 Public Hearing

on

Proposed Air Quality Rule Adoption on Open Burning .

The Department of Environmental Quality is proposing that the

Environmental Quality Commission amend its rules regarding open

burning. This proposal would make several changes to the Depariment'sopen burning rules to Improve environmental protection,

update the Ilst of open burning control areas, clarify authority la

regulate agricultural burning under applicable laws, and streamline

the administrative rules. This rule will be submitted, If adopted, to

the U.S. EPA as a revision to the Oregon Ctean Air Act State Implementation Plan (OAR 340-200-0040), as required by the Clean

Air Act. A public hearing will be held on the rule at the fallowing location:

July 18, 2000-7:00 PM

Corvallis

Agricultural Production Room

LaSells Stewart Center -OSU

87S SW 26th Street

Beginning at 6:30 PM staff will be present to answer questions

about the proposal. The formal hearing and public testimony wilt

begin at 7:00 PM. Oral and written comments will be taken atthat

time. A Department staff person will serve as presiding altar nt

the hearing. Written comments may be submitted to DEQ; Alr

Quality Division, 811 SW 6th Avenue, Portland, OR 97204 or faxed

to (503) 229-5675 or emailed to downing. kevinadeq state.or.us

any time before 5:00 PM, July 2V, 'L000. Copies of the complete

proposed rule package may be obtained from the D EQ Air Quality

Division, 811 SW 6th Ave., Portland, OR, or by calling (503)

229-6549.

#1075246 Publish: 611100

E C E I E D

JUN O52aaa

AIR QUALITY DIVISION .

Attachment 5.6

P.O. Box 10127/ Portland, Oregon 97296-0127 / (503) 226-1311 FAX (503) 222-5358

STATE OF OREGON, COUNTY OF MULTNOMAH,-ss.

I, I.J. CAPLAN, being first duly sworn, depose and say that am the Manager of the DAILY JOURNAL OF COMMERCE, a newspaper of

general circulation in the counties of CLACKAMAS, MULTNOMAH and WASHINGTON as defined by ORS 193.010 and 193.020;

published at Portland in the aforesaid County and State; that I know from my personal knowledge that the

NOTICE OF PUBLIC HEARING

ON PROPOSED AIR QUALITY RULE

ADOPTION ON OPEN BURNING

The Department of Environmental Quality is proposing that the Environmental

Quality Commission amend . its rules

regarding open burning. This proposal

would make several changes to the

Department's open . burning rules to

Improve environmental protection, update

the list of open burning control areas,'

clarify authority to regulate agricultural

burning under applicable;. laws, and

streamline the administrative..rule's. This

rule will be submitted, if adapted, to the

U.S. EPA as a revision to the Oregon

Clean Air Act State Implementation Plan

.(OAR 340-200-0040), as. required by the

Glean Air Act. Public hearings will be held

on the rule at the fallowing locations:

July 18, 2000, 7:00 PM, Coos Bay,

Newmark Center Building (across from

Walmart), 1988 Newmark Avenue, Room

228.

'July 18, 2000, 7:00 PM, Corvallis, Agricultural Production Room, LaSells Stew-

. art Center - OSU9B75 SW 26th Street,.

July 18, 2000, 7:00 PM, Madras, Main

Hall, Madras Fire Station, 765 S. Adams

Drive.

July 19, 2000,.7:00 PM, Tillamook, Commissioner's Meeting Room, Tillamook . County' Courthouse, 201 . Laurel Avenue.

July 20, 2000, 7:00 PM, Gresham,

Sprtngwater Trail Roam, Gresham City

Haft, 1333 NW Eastman Parkway.

July 20, 2000, 7:00 PM,' Pendleton,

Pendleton City Halt,- Community Room,

500 SW Dorian..

Beginning. at 6:30 PM staff will be press

ern . to answer questions about the proposals. The format hearing and public

testimony will begin at 7:00 PM. Oral and

written comments will be taken at that

time. A Department staff person will serve

as presiding officer at the' hearing. Written comments may be submitted to DEC,

Air Quality Division, 811 SW 6th Avenue,.

Portland, Oregon 97204 or faxed to (503)

229-5675 or emalled to downing.kevln@

deq.state.or.us anytime before . 5:00 PM,

July 27, 2000. Copies of the complete

proposed rule package may be obtained

from the DEQ Air Quality Division, 811

SW 6th Ave., Portland, Oregon; or by

calling (503) 229-6549.

Published June ,1, 2000. .PF1118.1 t

This portion may be detached.

DAILY JOURNAL OF COMMERCE

P.O. Box 10127, Portland, Ore, 97296-0127

KEVIN DOWNING

DEQ - AIR QUALITY DIVISION

S11 SW SIXTH AVE.

PORTLAND, OR 97204 Ad. No. PF111S

Affidavit of Publication

Daily-journal

commerce

NOTICE OF PUBLIC HEARING

a printed copy of which is hereto annexed,

was published in the entire issue of said newspaper for

ONE time(s)

in the following issues:

JUNE 1,. 2000

Case No.

e

Attachment 6

Certification of Public Hearing

See paragraph two of cover letter and

hearings report in Attachment 7.1.

Attachment 7

Compilation of Public Comments and

State's Response

7.1 Presiding Officers' Report for Rulemaking Hearings

on July 18, 19, and 20, 2000.

Attachment 7.1

pg. 1

State of Oregon

Department of Environmental Quality Memorandum

Date: August 11, 2000

To: Environmental Quality Commission

From: Kevin Downing, DEQ Air Quality Planning

Larry Calkins, DEQ Bend

Martin Abts, DEQ Coos Bay

Duane Altig, DEQ Portland

Subject: Presiding Officer's Report for Rulemaking Hearing

Rules for Open Burning

Hearing Date Time Place

July 18, 2000 7:00 PM Coos Bay

Newmark Center Building

(across from Walmart)

1988 Newmark Avenue

Room 228

July 18 7:00 PM Corvallis

Agricultural Production Room

LaSells Stewart Center - OSU

875 SW 26th Street

July 18 7:00 PM Madras

Main Hall

Madras Fire Station

765 S. Adams Drive

July 19 7:00 PM Tillamook

Commissioner' s Meeting Room

Tillamook County Courthouse

201 Laurel Avenue

July 20 7:00 PM Gresham

Springwater Trail Room

Gresham City Hall

1333 NW Eastman Parkway

July 20 7:00 PM Pendleton

Pendleton City Hall

Community Room

500 SW Dorion

In addition, information meetings on the open burning rules were held in Lyons on June 26' 11 ,

Falls City on June 28` x ' and Corvallis on July 6"'. Persons attending these meetings were briefed

on the rules by staff and any questions they had about the proposal were answered at that time.

They were also encouraged to either attend the scheduled public hearings or submit written

comments to ensure that comments could be included in the public record. At the hearings

Page 1
Attachment 7.1

pg. 2

people were asked to sign registration forms if they wished to provide comments. People were

also advised that the hearing was being recorded. Prior to receiving comments, staff briefly

explained the specific rulemaking proposal and the procedures to be followed during the hearing.

In Coos Bay, 8 people were in attendance and no one signed up to provide testimony. In

Corvallis, 15 people were in attendance and 4 people signed up to testify. In Madras, 2 people

were in attendance and no one signed up to provide testimony. In Tillamook and Gresham no

one attended the hearing. In Pendleton, 3 people were in attendance and one person signed up to

testify. Nineteen persons submitted additional written testimony outside of the public hearings.

The public comment period was extended until August 106 at the request of several individuals

and groups who felt they did not have enough time to adequately review the proposal.

The following report provides a summary of written and oral comments received, including

written comments received outside of the public hearings. The Department's response to the

comments is provided in a separate document. Comments are grouped by similar subject areas.

Comments are grouped by similar subject areas. The persons who made the comment are identified

by a code, which is keyed to the entries in the Testimony Reference table.

Page 2
Attachment 7. I

pg. 3

Testimony References

Corvallis Hearing

Oral Written

No. Testimony Testimony Name and Affiliation

Cl YES NO Thomas Pederson

1475 NE Seavy Ave

Corvallis

C2 YES NO Adrian McBroom

4105 Fair Acres St.

Corvallis

C3 YES NO Todd Pynch

5110 NE Elliott Circle

Corvallis

C4 YES YES Laurie Gordon

565 NW Rivendell Ln

Corvallis

Pendleton Hearing

Oral Written

No. Testimony Testimony Name and Affiliation

P1 YES NO Patty Perry

Umatilla County Planning

216 SE 4`h St

Pendleton

Written Testimony Received

Written

N. Testimony Name and Affiliation

WI YES Carol Fiscus

7 & K Warehousing

P.O. Box 168

Hermiston

Page 3
Attachment 7.1

pg, 4

W2 YES

W6 YES

W7 YES

W8 YES

W9 YES

W10 YES

W11 YES

Amy Verley

I R. Simplot Company

P.O. Box 850

Heuuniston

Hilary White

4050 NE Fair Acres Drive

Corvallis

Keta Tom

2650 NE Asbahr

Corvallis

William Albright

Corvallis Rural Fire Protection District

962 NW Highland Terrace Ave

Corvallis

Kim & Axel Deininger

1244 NW Kainui Dr

Corvallis

Ray & Floy Costello

490 NW Rivendell Ln

Corvallis

Brent Nicolas

565 Rivendell Ln

Corvallis

George Mears

1540 NW Lewisburg Ave

Corvallis

Christine Hagerbautner

Oregon Environmental Council

520 SW 6' 1 ' Ave Suite 940

Portland

Randall Tinney

P.O, Box 242

Mehama

Page 4
Attachment 7.1

pg. 5

Janet Caprini

P.O. Box 64

Coquille

John FL Poland

29258 Lakeside Drive

Corvallis

Charley Potter

5380 NW Shasta P1

Corvallis

Mike Ziolko

Oregon Department of Forestry

2600 State Street

Salem

Melvin Thornton

Douglas Forest Protection Association

1758 NE Airport Rd

Roseburg

Chuck Craig

Oregon Department of Agriculture

635 Capitol Street NE

Salem

Allan Huffaker

1245 NW Kainui Drive

Corvallis

Linda & Garry Williams

25697 Taylor Park Road

Lyons

Testimony Summary/Issues Whose Comment

GENERAL COMMENTS ABOUT THE RULE

1. W6,W13

Why have these changes been proposed? No complaints have been received nor is air

quality getting worse. There has been no increased growth within the area proposed for

W12 YES

W13 YES

W14 YES

W15 YES

W19 YES

Page 5
Attachment 7.1

pg. 6

open burning restrictions.

C2

Commentor's wife is a nurse and in forty years has never treated anybody in the hospital

for smoke inhalation. Why doesn't DEQ work on more important environmental

problems like cleaning up auto junkyards?

W12

Requiring a permit to burn household waste would. add extra time, money and frustration

to an area that is already economically depressed. People here are caretakers of the land

and have the sense to know when the best days to burn are.

W15, W16

"Responsible person" is defined in 340-264-0050 (1) to include agencies. Then in 340-

264-0060 (1) and (2) "persons" are strictly liable for violations of the rule. There is an

apparent conflict also with 340-264-0060 (5), which says "If any agency issues a [fire]

permit in violation of this rule, the permit does not excuse any person from complying

with this section." This language casts the role of the permit issuing agency in a different

light in that the person burning, not the fire permit issuing agency, is responsible for

ensuring that burning occurs on burn days.

WI9

The county required a driveway permit prior to approving a garage building permit. As a

condition for approving the driveway permit the county required the landowner to clear

several hundred feet along the right of way. Chipping andlor hauling would prove to be

expensive, between $1500 and $3000 leaving burning as the only option. However, the

fire department would not issue a burn permit until burning season began again in 6 or 7

months. We don't have any problem with a regulated burning season but a person should

be able to get a special burn permit to get rid of debris that is required. to be cleared in

order to get a building permit. It is sad not to have all of these regulated requirements in

sync with each other.

6. W5

The rules should be simplified so that the average person can easily understand them.

SEASONAL, TIME OF DAY RESTRICTIONS

7. W4, W6, W7

Change the start of the fall burning season to during the first rain. The start of the fall

yard debris burn season should depend on the weather. It would make more sense to base

the burning on meteorological conditions such as air quality and fire danger. Many

states, counties and municipalities have burn days throughout the year based on current

2.

3.

4.

5.

Page 6
Attachment 7.1

pg. 7

8.

9.

meteorological conditions and fire danger. This would improve air quality by not forcing

people to burn during times when the piles are wet producing significant amounts of

smoke.

W9

Consider adding a supplemental burn period in the middle of winter when there is often a

dryer period that leaves and brush will not smoke as much but surrounding areas are

damp enough to reduce the chance of fire.

W16

Many times the only appropriate time to burn is at night due to fire safety and control.

Restricting burning to daylight hours doesn 't allow any flexibility for conducting a safer

controlled burn.

EXEMPTIONS

W1, W2

Provide exemption from open burning restrictions for tumbleweeds. Tumbleweeds are an

ongoing problem and the wind is unpredictable so that continual permit issuance is not

feasible.

Cl

Commentor doesn't want the hassle of trying to start an agricultural operation to qualify

for a burning exemption under the proposed rules but can't understand why 5 acre plots

like his can't burn orchard and tree trimmings while larger agricultural operations can

burn similar materials without a permit.

DEFINITIONS

W16

If anyone 's personal use and enjoyment is impacted, any burning could be considered a

nuisance under the proposed broad definition of a nuisance.

W6

A lot of yard debris is larger than needles and leaves. Trees are always self pruning and

limbs are dying. It is too dangerous to leave branches on the ground because of the risk

of forest fires.

C4, W4, W7, W8

Redefine yard debris to include tree stumps and trees cut because of hazard and disease.

Many of the large branches on my property are infested with pathogens. Disposal by

landfilling, chipping or composting will spread the still viable pathogens to other

landscapes as well as public lands, commercial timber operations and the nursery

10.

11.

12.

13.

14.

Page 7
Attachment 7.1

Pg. 8

industry.

W9

Add a "storm debris provision, allowing property owners a legal way to burn large fallen

limbs that are not otherwise considered yard debris.

W5

Provision should be made for special circumstances, i.e., dead trees, storm damage andlor

dangerous trees and a permitting process for these special circumstances be designed for

local authority.

C3, C4, W7, W8

Mechanical stump removal and transport is cost prohibitive, at a cost of $150 to $1000

per stump. Landowner is trying to manage land responsibly but must clean up storm

damage. While fallen trees can be cut up for firewood, the remaining stumps present a

costly disposal dilemma. Estimates have been received for anywhere from $150 to $200

per stump. The rules should differentiate cleaning up storm damage from typical land

clearing practices and allow burning in the former case.

C4, W7

Add exclusive definitions that would allow rural landowners to burn yard debris in the

event of :

Storm damage,

Fire Protection,

Wildlife habitat enhancement,

Riparian and wetland area restoration,

Land conservation, preservation and restoration

Protection .

Scenic Area

W11

Commentor opposes open burning restrictions in the lands northeast of the junction of

Hwy 22 and North Fork Road. Prevailing winds in the North Fork canyon are from the

southwest and away from nearby population centers like Lyons. On east wind days

burning is not permitted. On the few days that very little wind is present the smoke is

contained by the ridgelines of the canyon and is dispersed by the river breeze that blows

through daily. A scientific approach should be used to establish boundaries using

recognizable geographic landmarks rather than imaginary lines that wander off wooded

hillsides.

20. W12

Some of their acreage is in a floodplain that requires continual management of the

15.

16.

17.

18..

19.

Page 8
Attachment 7.1

pg. 9

collected debris. To leave it until the 10 week burning season would be unsightly, a fire

hazard and contribute to the creation of a health hazard. We are otherwise very busy and

may not be able to fit

W12

Domestic burning should be allowed because the cost of garbage service here, in an

economically depressed area, is unaffordable. Self-hauling requires a pickup truck, the

gas to run it and a place to store increasingly larger piles of household waste. This will

attract rodents, insects, stray cats and dogs, smell and be an eyesore.

W17

The Department of Agriculture requests that agricultural waste remain defined as

agricultural waste even when it is removed from the property of origin. Many farm

operations consists of multiple parcels. The waste does not change in character simply

because it has been moved. Applying for a commercial burning permit would be a

burden.

OPPOSED TO FURTHER RESTRICTIONS

C4, W7, W8

Commentors do not see the necessity of increasing the open burning control area solely

because of the increase in population when there has not been an accompanying increase

in complaints. The proposal seems even more unnecessary in light of the improvement of

air quality even with current burn practices.

W13

Population growth has occurred primarily within the urban growth boundaries. The

proposed regulations impose a hardship on one group of people because of the growth of

another, without accomplishing any real improvement of air quality for either group.

W9

The expansion of the open burn control area to six miles should be justified on the basis

of air quality data taken before, during and after permissible burn periods.

C4, W7, W8

A prohibition on burning may interfere with other agricultural protection programs. If

nut and fruit trees on the property were found to contain pests and ordered destroyed by

the Department of Agriculture burning would typically be the only option. Removing the

trees off the property and out of the quarantine area would put the property owner in

violation of the quarantine.

27. W18

21.

22.

23.

24.

25.

26.

Page 9
Attachment 7.1

pg. 10

Property contains numerous large trees and dense brush. All of this vegetation generates

large quantities of debris that must be removed to reduce the threat of fire.

C4, W6, W7, W8

If people are not allowed to burn they will resort to other control methods, including

chemicals. The use of more chemicals will jeopardize other resources like groundwater.

Burning helps us improve the overall health of our forest including getting rid of 25 to 30

years of blackberries, poison oak and other noxious and obnoxious weeds in order to

restore native vegetation and improve wildlife habitat. By not burning we may end up

engaging in practices which include increased pesticide use and the use of mechanized

equipment for soil preparation leading to increased soil runoff.

W13

The Department's rules for managing open burning in the expansion area are already

sufficient. It is illegal to burn anything that is toxic, produces dense smoke, creates a

nuisance or is a hazard to public safety. It is also illegal to burn on days not approved by

DEQ for air quality reasons, as administered by the fire districts.

W13, W18

The people affected by this proposal burn debris that is impractical or expensive to

dispose of in any other way. They must burn in accordance with current restrictions or

allow the brush to accumulate, creating a fire hazard. While small quantities of the

material generated on these larger acreages can be composted, the majority of it must be

burned twice a year. Opposed to any restrictions on forest debris burning except relating

to high fire danger.

W14

Commentor protests any further restrictions on burning. They are very restrictive now

and are not needed. This seems to be nothing other than restrictions on the use of private

property and the rights of ownership. A fundamental right that should only be restricted

when there is an extremely dire need that does now exist.

C2

Outdoor burning occurs only two times a year and purchasing a chipper would be an

expensive investment for such an infrequent need. Besides, what should be done with the

chips?

CONSIDER ALTERNATIVES TO OPEN BURNING

33. W9

A balanced approach to all burning should be sought. Combine a safe and reasonable

burn alternative with public service announcements that encourages recycling of yard

28.

29.

30.

31.

32.

Page 10
Attachment 7,1

pg. 11

debris and wood waste.

34. W13

Consider alternatives to the proposed regulation, for instance, offering monetary

incentives for disposal of yard waste.

DELEGATION OF AUTHORITY, INTERACTION WITH OTHER AGENCIES

W6, W8

The proposed enforcement mechanism for these rules relies heavily on local fire districts,

and some of them rely on volunteers. These rules place too strong a burden on these rural

districts.

W9

Fire districts should not be saddled with a regulatory burden without funding from the

department.

W15, 16

The department proposes in 340-264-0075 to allow a delegation of authority to local

jurisdictions after ordinances are adopted reflecting requirements of the open burning

rules. Assuming the Oregon Department of Forestry was interested in delegation, how

would this transfer take place when ODOF does not adopt ordinances?

W15

The Department of Forestry would be willing to coordinate permit issuance to more

effectively serve the public but the enforcement role should remain with DEQ. The

proposal should be changed to reflect partial delegation of the program.

39. W16

If a local fire district chose to accept delegation of the Department 's open burning

program, would this authority supersede the authority of forest protection districts on

lands of joint responsibility?

SUPPORTS THE RULE OR RULE ELEMENT

W10

Commentor supports the adoption of new rules regarding open burning, which will help

protect the health of Oregonians by reducing air pollution and improving enforcement.

In particular, the department should require permits in open burning control areas for

slash burning not otherwise regulated by the Department of Forestry and for burning

any waste moved off the property of origin.

41. W5

35.

36.

37.

38.

40.

Page 11
Attachment 7.1

pg. 12

42.

43.

The Corvallis Rural Fire Protection District supports the prohibition of domestic burning

within the six-mile range as proposed.

W15

We are in complete agreement with the rule proposal to maintain the exemption for fires

that are set to prevent or eliminate a fire hazard. ODF is working on wildland-urban

interface issues to prevent wildfires where the combination of homes and forests create

conditions contributing to wildfires that destroy homes and forests.

P1

Commentor appreciates the scheduling of a hearing in eastern Oregon because burning is

used extensively in agricultural operations in the area. The county recently adopted an

agricultural burning management program and wanted to make sure that it was in keeping

with the proposed changes. The county's program appears to be in keeping with the

department's proposed changes.

Page 12
Attachment 8

"No SIP Relaxation" Demonstration

8.1 DEQ memo to file, December 7, 2000.

Attachment 8.1

Pg. 1

State of Oregon

Department of Environmental Quality Memorandum

Date: December 7, 2000

To: File

From: Kevin Downing

Subject: Open Burning Rule Revisions

The Environmental Quality Commission adopted revisions to the open burning rules on

December 1, 2000. The rules were adopted as part of the state implementation plan and amend

open burning rules that have been a part of the SIP since original adoption. This memo

summarizes the changes adopted and evaluates whether the recently adopted changes are as

stringent as the previous rules.

Adopted changes:

- Updated list of open burning control areas to reflect population growth.

n Commercial burning is prohibited except by permit:

Lincoln County, Madras, Tillamook, Warrenton and adjoining areas within

three miles of these cities' limits.

n Construction and demolition burning is prohibited except by permit:

Coquille, Falls City, Lincoln City, Lyons, Madras, Newport, Reedsport,

Seaside, Tangent, Tillamook, Warrenton, and adjoining areas within three

miles of these cities' limits; Corvallis, Gresham and the adjoining areas within

six miles of these cities' limits (previously a three mile limit).

n Domestic burning is prohibited except yard debris burning is allowed between March 1st

and June 15th and between October 1st and December 15 th :

Falls City, Lyons, Tangent and adjoining areas within three miles of these

cities' limits; Corvallis and the adjoining areas within six miles of the city

limits (previously a three mile limit).

-

Required a permit for slash burning in open burning control areas not regulated by the

Department of Forestry.

_ Clarified that persons responsible for the open burning activity are also strictly liable for

violations of the rules.

-

Clarified DEQ's authority to extinguish illegal fires.

Required permit to burn any waste moved off the property of origin.

-

Provided for delegation of authority to local jurisdictions, e.g., cities and fire districts, when

they have expressed a willingness and ability to administer the program.

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

wind.

Allowed burning by permit in open burning control areas if burning is for standing vegetation

for the purpose of creating or restoring wetlands, or for promoting or enhancing habitat for

indigenous species of plants or animals.
4