j J6 ;)

_ 

### 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-1November 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 3 

## e ir c por Author Division Administrator 1

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).Attachmen t 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 -

### Atta chment 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 impactAttachment 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

### At tachment 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.

Summary of

How the Prouosed Rule Will Work and How it Will be 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 OnlyAttachment 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.

Rules of this Division as last modified by the EQC on 12/1/2000 Printed 02/13/01 Division 264 page 2 Draft Version OnlyAttachment 3.2 pg. 3

OREGON ADMINISTRATIVE RULES Chapter 340 Department of Environmental Quality

(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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- (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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(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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(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 Chapter 340 Department of Environmental Quality

(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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(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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(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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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 Chapter 340 Department of Environmental Quality

(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; thencenorthwesterly 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 CountyLine 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.

Rules of this Division as last modified by the EQC on 12/1/2000 Printed 02/13/01 Division 264 page 20 Draft Version OnlyAttachment 3.2 pg. 21

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

Printed 0/13/01 Division 26

. 1 page 21 Draft Version OnlyAttachment 3.2

pg. 22

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.

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

Printed 02/13/01 Division 264 page 22 Draft Version OnlyAttachment 3.2 pg. 23

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.

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

Printed 02/13/01 Division 26-i page 23 Draft Version OnlyAttachment 3,2

pg. 24

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.

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

Printed 02/13/01 Division 264 page 24 Draft Version OnlyAttachment 3,2 pg. 25

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:

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

Printed 02/13/01 Division :64 page 25 Draft Version OnlyAttachment 3 .2

pg. 26

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.

Rules of this Division as last modified by the EQC on 12/1/2000 Printed 02/13/01 Division 264 page 26 Draft Version OnlyAttachment 3,2 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_

aAttachm ent 3,2
P8. 30 cJ
340-264-0078 Figure 3

COOS BAY OPEN BURNING CONTROL AREA

3 3 Miles

Open Burning Control Area terra 5R g oo OEO cisAttachment 3.2 Pg. 31

340-264-0078 Figure 4

ROGUE BASIN OPEN BURNING CONTROL AREAAttachment 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 StateAttachment 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 rulemakingprocedures 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 qualitynuisance, 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- 0 7ado State ist Or"e'goil O 'Partmant of E nvironrtieittatQuality Attachment 4.2

r ^r r

... I i . ` OF E DIRE 010 

### 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



# FILED

REPEAL: 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/ e D 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 C OMMISSION 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 CleanAttachment 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 orfaxed 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 C0Ml11SS10t i EXPIH£S APRIL 22, 2VOt 

### • NOTICE OF PUBLIC HEARING on ".. Proposed Air Quality Ruie Adoption on Open

Burning The Department of Environmental Quality isproposing 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 openburning 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.r 3 ^ ' 

## r OFFICIAL SEAG

USA G t^.r^

v aU0 COREGON

NOi AR aN NC "3220 84 •"!` ,'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, updatethe list of open burning control areas, clarify authorityto 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 beheld 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 willbe. 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 dawn

### Inc. @ 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 2000Attachment 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 Departmentstaff 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

$56.25Attachment 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 openburning. 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, tothe U.S. EPA as a revision to the Oregon Ctean Air Act State Implementation Plan (OAR 340-200-0040), as required by the CleanAir 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 BURNINGThe 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 pres sern . 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 serveas 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 1Attachment 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 2Attachment 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 3Attachment 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 4Attachment 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 5Attachment 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 6Attachment 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 7A ttachment 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 8Attachment 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 9Attachment 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 10Attachment 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 11Attachment 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.

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# 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 15 th 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