justicedao/ipfs_state_laws huggingface dataset:
629-048-0135 Special Protection Zone Requirements Special Protection Zones (SPZ) have been established around certain communities (see maps located within Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 5” requiring additional protection from particulates. Any burning in an SPZ, during its protection period, must have the approval of the meteorologist. These SPZ provisions apply from November 15 through February 15 to the following communities which are particulate matter (PM) nonattainment or maintenance areas: Klamath Falls, Medford, Oakridge, and Lakeview. (1) From November 15 through February 15, prescribed burning in the SPZ is allowed on “Green” and “Yellow” woodstove days (see OAR 340-262-0800 and local ordinances for communities listed above) if: (a) The ODF Smoke Management meteorologist believes smoke impacts will not exceed smoke intrusion levels . (b) Landowners are responsible for intermittent monitoring for at least three days following ignition to ensure the smoke is not causing an impact that could exceed smoke intrusion levels. ODF can waive this provision if it believes monitoring is unnecessary on a specific burn unit due to limited smoke production . (c) Landowners provide a level of mop-up, as directed by ODF, to minimize smoke impacts to levels below a smoke intrusion. Mop-up shall be included as an element of the burn plan. (2) From December 1 through February 15, no prescribed burning is allowed on “Red” woodstove days in the SPZ. Prescribed burning on “Red” days from November 15 through 30 is allowed and subject to the same conditions for “Green” and “Yellow” days as described in section 1(a - c) of this rule. (3) Districts and Forests having jurisdiction in any SPZ will be responsible for monitoring restrictions in the nonattainment or maintenance area as described in section 1 and 2 of this rule. (4) SPZ provisions shall apply as long as the area is in PM nonattainment or is in maintenance of the PM standard. An SPZ shall be developed by DEQ or Lane Regional Air Protection Agency (LRAPA) for any newly declared PM nonattainment area, in consultation with ODF. For areas declared nonattainment from January 1 through May 31, the new SPZ requirements shall become effective on November 15 in the year the area is declared nonattainment. If the area is declared nonattainment from June 1 through December 31, the new SPZ shall be effective on November 15 of the following year. Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041 Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562 History: DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019
629-048-0137 SPZ Contingency Plan Requirements In the event communities listed in OAR 629-048-0135 exceed the 24-hour average PM2.5 National Ambient Air Quality Standard value of 35 micrograms per cubic meter during the SPZ provision period, and prescribed burning is determined to be a contributor using verification methods to include, but not limited to ground, aerial, or equipment monitoring, the following contingency plan requirements shall be implemented: (1) The SPZ boundary will be expanded to include the area from which prescribed burning could impact the PM nonattainment or maintenance area. Any boundary change will be jointly agreed to by ODF and DEQ. (2) SPZ restrictions will apply from November 1 through March 1. (3) The SPZ for Klamath Falls and Lakeview, as well as all future PM nonattainment or maintenance areas in areas of level 2 regulation under the Oregon Smoke Management Plan, shall be subject to burning reporting requirements of Level 1 regulation during the time when the SPZ is in effect. (4) ODF and DEQ will take adaptive management steps described in OAR 629-048-0110(5). [ED. NOTE: Language in OAR 629-048-0135 and 0137 was previously in the Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program.”] Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041 Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562 History: DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019
629-048-0140 Smoke Sensitive Receptor Areas A SSRA is an area designated by the board, in consultation with DEQ, which is provided the highest level of protection under the Smoke Management Plan. This is due to its past history of smoke incidents, density of population or other special legal status related to visibility such as the Columbia River Gorge Scenic Area. The following are SSRAs: (1) The area within the State of Oregon commonly understood to be the Willamette Valley that: (a) Lies east of the forest protection district boundaries of the Northwest Oregon, West Oregon and Western Lane Forest Protection Districts, west of the forest protection district boundaries of the North Cascade and South Cascade Forest Protection Districts and north of where the Western Lane and South Cascade Forest Protection Districts come together in southern Lane County (for detailed district boundary descriptions, see OAR 629-041-0500 to 629-041-0575); (b) Notwithstanding the actual location of the forest protection district boundaries, includes the area within the city limits of the following cities that straddle, or are within but immediately adjoin, the forest protection district boundary: (A) Carlton; (B) Corvallis; (C) Cottage Grove; (D) Dallas (E) Eugene; (F) McMinnville; (G) Portland; (H) Sheridan; (I) Silverton; (J) Springfield; (K) St. Helens; (L) Stayton; (M) Sublimity; (N) Veneta; (O) Willamina; and (P) Yamhill; (2) Within the acknowledged urban growth boundaries of the following cities: (a) Astoria; (b) Baker City; (c) Bend; (d) Burns; (e) Coos Bay; (f) Enterprise; (g) Grants Pass; (h) John Day; (i) Klamath Falls; (j) La Grande; (k) Lakeview; (l) Lincoln City; (m) Newport; (n) North Bend; (o) Oakridge; (p) Pendleton; (q) Redmond; (r) Roseburg; (s) The Dalles; and (t) Tillamook; (3) The area within the Bear Creek and Rogue River Valleys described in OAR 629-048-0160, including the cities of Ashland, Central Point, Eagle Point, Jacksonville, Medford, Phoenix and Talent; and (4) The area within the Columbia River Gorge Scenic Area, as described in 16 U.S.C. Section 544b, (2003). Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0160 Bear Creek/Rogue River Valley SSRA The Bear Creek and Rogue River Valley smoke sensitive receptor area listed in OAR 629-048-0140 (3) is defined as beginning at a point approximately one mile NE of the town of Eagle Point, Jackson County, Oregon, at the NE corner of Section 36, T35S, R1W; thence south along the Willamette Meridian to the SE corner of Section 25, T37S, R1W; thence SE to the SE corner of Section 9, 39S, R2E; thence SSE to the SE corner of Section 22, T39S, R2E; thence south to the SE corner of Section 27, T39S, R2E; thence SW to the SE corner of Section 33, T39S, R2E; thence west to the SW corner of Section 31, T39S, R2E; thence NW to the NW corner of Section 36, T39S, R1E; thence west to the SW corner of Section 26, T39S, R1E; thence NW to the SE corner of Section 7, T39S, R1E; thence west to the SW corner of Section 12, T39S, R1W; thence NW to the SW corner of Section 20, T38S, R1W; thence west to the SW corner of Section 24, T38S, R2W; thence NW to the SW corner of Section 4, T38S, R2W; thence west to the SW corner of Section 5, T38S, R2W; thence NW to the SW corner of Section 31, T37S, R2W; thence north to the Rogue River, thence north and east along the Rogue River to the north boundary of Section 32, T35S, R1W; thence east to the point of beginning. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0200 Alternatives to Burning (1) When planning forest management prescriptions and particularly final harvests (prior to reforestation), owners are encouraged to use practices that will eliminate or significantly reduce the volume of prescribed burning necessary to meet their management objectives. Some practices to consider include, but are not limited to: (a) Maximizing the cost-effective use of woody material for manufacture of products; (b) Where cost-effective, using wood or other biomass for energy production or mulch; (c) Lopping and scattering limbs and other woody material, or operating heavy machinery over the wood to maximize contact with the soil in order to speed its breakdown; or (d) Re-arranging woody materials, as necessary to accomplish reforestation through the slash (from a fire prevention standpoint, this may not be desirable in areas of heavy fuel concentrations or where soil moistures are not conducive to breakdown of fuels). (e) Removing or minimizing large fuel concentrations and heavy fuel loading to minimize smoldering. (2) When prescribed burning is determined to be necessary to achieve forest management objectives, owners are encouraged to use emission reduction techniques as described in OAR 629-048-0210. (3) Prior to registration, forestland managers are strongly encouraged to consult the following: (a) "Non-burning Alternatives to Prescribed Fire on Wildlands in the Western United States" at http://www.wrapair.org/forums/fejf/tasks/FEJFtask3.html (Western Regional Air Partnership, February, 2004); (b) The Oregon Forest Industry Directory website provides information on potential markets for woody material at www.orforestdirectory.com/; and (c) “Forest Biomass Analysis for Western States by County” by Phillip S. Cook and Jay O’Laughlin (Western Governors’ Association, January 24, 2011), at: https://www.researchgate.net/profile/Jay_Laughlin/publication/266451188_Forest_Biomass_Supply_Analysis_for_Western_States_by_County_Final_Report_to_the_Western_Governors%27_Association/links/55b0ead208ae9289a0849d62/Forest-Biomass-Supply-Analysis-for-Western-States-by-County-Final-Report-to-the-Western-Governors-Association.pdf (4) As described in 629-048-0450(2)(c), the department shall complete an annual report summarizing the use of alternatives to burning. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 2-2014, f. & cert. ef. 7-11-14 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0300 Registration of Intent to Burn (1) In all instances of prescribed burning on forestland within a forest protection district, the operator, federal land manager, landowner, or timber owner must first register with the forester all forestland that is intended to be burned. For forestland subject to Level 1 regulation, burn registration must be completed at least seven days before the first day of ignition. Mandatory registration of prescribed burning on forestland subject to level 2 regulation is effective January 1, 2009. (2) The forester may waive the seven day waiting period required in section (1) of this rule contingent upon the forester’s approval of a burn plan or conditions of federally prescribed fire policies having already been met. (3) Information provided for burn registration must be complete and recorded in a standard format approved by the forester. (4) No operator, federal land management agency, landowner or timber owner shall be allowed to register additional forestland for burning if payment for their previous registration or burning, when required pursuant to OAR 629-048-0310, is more than 90 days past due. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0320 Reporting of Accomplishments (1) Accomplishment information for all prescribed burning that takes place on forestland within the regulated area described in OAR 629-048-0100 must be recorded in a manner that details the amount of burning each day and must be reported to the department according to the schedule described below and in standard formats prescribed by the forester. (2) Prescribed burning on forestland subject to Level 1 regulation must be reported the next business day following each day's ignition as described in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 1.” (3) Prescribed burning on forestland subject to Level 2 regulation must be reported by the first business day of the week following ignition as described in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 1.” Statutory/Other Authority: ORS 477.013, 477.562 (as amended by ch. 213, OL 2007, Enrolled HB 2973), 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515, 477.562 (as amended by ch. 213, OL 2007 & Enrolled HB 2973) History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0330 Emission Inventories (1) In addition to the emissions information collected from prescribed burning under OAR 629-048-0320, the forester will annually estimate, using appropriate models and the best available information on acres burned and fuel type, the emissions produced by wildfires in Oregon. At a minimum, the forester will attempt to collect information about wildfires that burn on forestlands within a forest protection district. (2) Emissions information from prescribed burning and from wildfires will be maintained as distinct inventories, in appropriate forms, for analysis and distribution to improve the overall understanding of the relationships of wildfire versus prescribed fire emissions. (3) The forester may include as much information on wildfires as may be readily available from the various protection agencies and other cooperators, provided that gathering of such information does not create an unfunded cost to the Smoke Management program. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0400 Coordination with Other Regulating Jurisdictions and for Other Pollutants (1) In order to meet the air quality maintenance and visibility objectives of the Smoke Management Plan (OAR 629-048-0120 and 629-048-0130), it is important that the forester, field administrators and other cooperators be well informed as to the existence of, or potential for smoke or other airborne pollutants other than that which will be produced by any planned prescribed burning in the affected airshed. Local field administrators are encouraged to maintain working relationships with other local jurisdictions that authorize open burning or monitor air quality so that all parties may be adequately informed of planned burns or conditions that cumulatively might exceed standards or objectives. (2) The forester is required to report the weather forecast, planned and accomplished burning and smoke intrusions, if any, to the Department of Environmental Quality for each applicable day, on a timely basis. (3) Any wildfire that has the potential for smoke input into an SSRA or other area sensitive to smoke must be reported immediately by the local unit of the state or federal agency with jurisdiction for fire suppression to the State Forester’s office. (4) The Smoke Management forecast unit will communicate periodically with appropriate prescribed burning regulators in the surrounding states for the purpose of coordination and information sharing, as appropriate. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0450 Periodic Evaluation and Adaptive Management (1) The department is responsible for analysis and evaluation of the prescribed burning operations conducted under the Smoke Management Plan. (2) Reports summarizing annual activities of the program shall be published by the department addressing: (a) The level of burning activity; (b) Smoke intrusions and smoke incidents; (c) PM2.5 NAAQS exceedances caused by prescribed burning and actions taken to prevent reoccurrence as described in OAR 629-048-0110(5). (d) Accomplishment of alternatives to burning and the use of emission reduction techniques; (e) Evaluation of overall Smoke Management Plan accomplishment; (f) Evaluation of adequacy of listed SSRAs and protection measures; (g) Any other pertinent information related to Smoke Management Plan evaluation and improvement; and (h) Revenues generated from burn fees and related Smoke Management Plan costs. (3) Copies of the reports described in section (2) of this rule will be made available to all interested parties. (4) Upon publication of a report in accordance with section (2) of this rule, the forester will consult at least annually with the Smoke Management Advisory Committee created under ORS 477.556. Topics will include, but are not limited to, Smoke Management Plan implementation, status of the Oregon Forest Smoke Management Account (ORS 477.560), and any fee changes that may be appropriate based on the balance in this account. (5) ODF and DEQ will jointly review the Smoke Management Plan every five years unless there is agreement by both agencies that the plan can be reviewed at an earlier or later date, not to exceed 10 years from the previous review. Results of the review will be presented to the State Forester and the Director of Environmental Quality for joint consideration and approval. Representatives of affected agencies may assist the review at the discretion of the State Forester. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 2-2014, f. & cert. ef. 7-11-14 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0500 Enforcement (1) Violations of the Smoke Management Plan may be enforced either as violations of the fire prevention statutes and rules (ORS 477.980 to 477.993) or as violations of the forest practice rules (ORS 527.680 to 527.690, 527.990 to 527.992 and OAR 629-670). (2)(a) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause fire to burn uncontrolled, enforcement under the provisions of the fire prevention statutes and rules is appropriate. (b) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause deterioration of air quality, enforcement under the provisions of the Forest Practices Act and rules (specifically, OAR 629-615-0300) is appropriate. (3) Enforceable standards within the Smoke Management Plan include requirements to: (a) Register burns prior to ignition (OAR 629-048-0230(4) and 629-048-0300); (b) Obtain approval for and follow a burn plan (OAR 629-048-0230(2) and 629-043-0026(4); (c) Obtain a burn permit and comply with any conditions included therein (OAR 629-048-0230(5) and ORS 477.515); (d) Obtain and comply with daily Smoke Management instructions and updates (OAR 629-048-0230(6); (e) Comply with restrictions regarding use of covers on burn piles (OAR 629-048-0210(4); (f) Cease burning when directed by the forester (OAR 629-048-0100(4) and 629-048-0230(10); (g) Report accomplishments (OAR 629-048-0320); and (h) Pay fees (OAR 629-048-0310). (4) Section 118 of the federal Clean Air Act provides for enforcement of state air quality regulations against federal agencies. It will be the policy of the Board of Forestry, in the event of a failure of a federal land management agency to comply with the Smoke Management Plan, that the forester will first inform the responsible agency of the failure and coordinate efforts to ensure timely correction of any breakdowns in procedure that may have resulted in the failure. However, if this method does not appear in the judgment of the State Forester to result in necessary correction of procedures, or under other circumstances that in the judgment of the State Forester warrant further action, enforcement action may be taken as with any other responsible party. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 2-2014, f. & cert. ef. 7-11-14 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-051-0210 Management and Control Actions Planned activity to manage forest insects and diseases on private lands will be developed with the consent of the appropriate landowner(s). In the event that a landowner ignores an actual or threatened impact of a forest insect or disease which has been deemed a public nuisance, then the State Forester shall, as prescribed in ORS 527.310–527.400, plan, organize, direct, and carry out measures as may be necessary to control the problem. Statutory/Other Authority: ORS 526 & 527 Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370 History: FB 4-1980, f. & ef. 1-9-80
629-051-0220 Costs of Control When suppression activities are necessary, the State Forester shall seek to offset the cost of control through contributed funds or labor from affected private landowners and any agency of state or federal government. When private landowners or governmental agencies have the ability and/or the authorities to expend monies and/or services in control programs, the state share shall not exceed 50 percent of the cost of control. Statutory/Other Authority: ORS 526 & 527 Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370 History: FB 4-1980, f. & ef. 1-9-80
629-051-0230 Introduced Pests Introduced forest insects or diseases may present a serious threat to forest resources. In the event of introduction of a new forest insect or disease pest, the State Forester shall cooperate with other responsible federal and state agencies and private forest landowners to secure prompt, effective action to prevent the spread of the damage by the new pests. In the absence of action by other agencies the State Forester may employ such control measures as are approved by the State Board of Forestry policy. Statutory/Other Authority: ORS 526 & 527 Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370 History: FB 4-1980, f. & ef. 1-9-80