reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0075 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever DEQ finds that 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 any or all of
				the open burning authority outlined within this division and is desirous of
				doing so, DEQ may delegate powers necessary for the issuance and/or enforcement
				of open burning permits to that entity. DEQ, upon finding that the entity is
				not effectively administering the program, may withdraw such delegation.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020& 468A.575
Stats. Implemented: ORS
				  468A.575
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0080 - County Listing of Specific Open Burning Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided, in addition to the general
				requirements and prohibitions listed in OAR
				340-264-0050 and
				340-264-0060,
				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.
(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
			 340-264-0170.
(18) Klamath County - OAR
			 340-264-0175.
(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 rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.575 & 468A.595  Stats. Implemented ORS 468A.025, 468A.555 - 468A.620, 477.515 &
				  477.520
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 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

Current through Register Vol. 63, No. 7, July 1, 2024
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.
(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
			 340-264-0180.
(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
			 340-264-0180, 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 Malheur
			 County, the City of Ontario;
(k)
			 In Tillamook County, the City of Tillamook;
(l) In Umatilla County, the Cities of
			 Hermiston, Milton-Freewater and Pendleton;
(m) In Union County, the City of La Grande;
(n) In Wasco County, the City of
			 The Dalles.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0110 - Benton, Linn, Marion, Polk, and Yamhill Counties

Current through Register Vol. 63, No. 7, July 1, 2024
Open burning requirements for Benton, Linn, Marion, Polk, and
				Yamhill 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
			 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0120 - Clackamas County

Current through Register Vol. 63, No. 7, July 1, 2024
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 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(7).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0130 - Multnomah County

Current through Register Vol. 63, No. 7, July 1, 2024
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
			 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 162nd Avenue;
			 thence north along SE 162nd 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 SE 181st 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, T1N, R1W and the Multnomah-Washington County
			 Line; thence following the Multnomah-Washington County Line southwesterly and
			 then south to the trisection of the Multnomah-Clackamas-Washington County Line,
			 the point of beginning.
(B) All
			 areas in northwest Multnomah County that are not contained within a Fire
			 Protection District.
(C) The
			 Burlington Water District.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0150 - Columbia County

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0160 - Lane County

Current through Register Vol. 63, No. 7, July 1, 2024
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 Open Burning Control Areas:
(1) The rules and regulations of LRAPA apply
			 to all open burning in Lane County, provided such rules are no less stringent
			 than the provisions of this division. LRAPA 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;
(f)
			 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;
(l) 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) Willakenzie RFPD;
(u) Zumwalt RFPD.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0170 - Coos, Douglas, Jackson and Josephine Counties

Current through Register Vol. 63, No. 7, July 1, 2024
Open burning requirements for Coos, Douglas, Jackson and
				Josephine Counties:
(1) Open burning
			 control areas:
(a) The Coos Bay open burning
			 control area, as described in OAR 340-264-0078(2)  and generally depicted in
			 Figure 3 Coos Bay Open Burning Control Area of OAR 340-264-0078, is located in
			 Coos County;
(b) The Umpqua Basin
			 open burning control area, as described in OAR 340-264-0078(4), and generally
			 depicted in Figure 5 Umpqua Basis Open Burning Control Area of OAR
			 340-264-0078, is located in Douglas County;
(c) The Rogue Basin open burning control
			 area, as described in OAR 340-264-0078(3)  and generally depicted in Figure 4
			 Rogue Basin Open Burning Control Area of OAR 340-264-0078, is located in
			 Jackson and Josephine Counties.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0175 - Klamath County

Current through Register Vol. 63, No. 7, July 1, 2024
Open burning requirements for Klamath County:
(1) Open burning control areas: The Klamath
			 Basin open burning control area as generally described in OAR 340-264-0078(6)
 
			 and depicted in Figure 6 is located in Klamath County.
(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 Klamath Basin open burning control areas and within three miles of
			 the corporate city limits of other areas that meet the standard in OAR
			 340-264-0078(1), unless authorized pursuant to 340-264-0180. Commercial open
			 burning is allowed in all other areas of this county subject to 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 Klamath Basin open burning control areas and within
			 three miles of the corporate city limits of other areas that meet the standard
			 within OAR 340-264-0078(1), unless authorized pursuant to 340-264-0180.
			 Construction and Demolition open burning is allowed in other areas of these
			 counties subject to 340-264-0050, 340-264-0060  and 340-264-0070, and the
			 requirements and prohibitions of local jurisdictions and the State Fire
			 Marshal.
(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 that EQC adopted under OAR 340-200-0040.
Figures referenced are not included in rule text.
Click here for PDF copy of
				  figure(s)
.
Stat. Auth.: ORS 468.020. 468A.025, 468A.575 &
				  468A.595
Stats. Implemented: ORS 468A.025, 468A.555 - 468A.620,
				  477.515 & 477.520
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0180 - Letter Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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 DEQ 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 340 OAR 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 DEQ. 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 DEQ may require;
(j) For open burning of yard debris:
(A) A "Hardship Permit Application" completed
			 on a form supplied by DEQ; and
(B)
			 Either payment of the appropriate fee pursuant to section (10) or a "waiver
			 request" completed on a form supplied by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
In the interest of public health and welfare, it is the
				declared public policy of the State of Oregon to reduce the practice of open
				field burning while developing and providing alternative methods of field
				sanitation and alternative methods of utilizing and marketing grass seed and
				cereal grain straw residues and to control, reduce, and prevent air pollution
				from open field burning, propane flaming, and stack burning by smoke
				management. In developing and carrying out a smoke management control program
				it is the policy of the Environmental Quality Commission:
(1) To allow for field burning based on the
			 limits specified in state law while protecting public health and welfare,
			 recognizing:
(a) The importance of
			 flexibility and judgment in the daily decision-making process, within
			 established and necessary limits;
(b) The need for operational efficiency
			 within and between each organizational level;
(c) The need for effective compliance with
			 all regulations and restrictions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
(1) "Actively Extinguish" means the direct
			 application of water or other fire retardant to an open field fire.
(2) "Burning Permit" or "Burn Permit" or
			 "Permit" means a permit issued by the Department pursuant to ORS
			 468A.575.
(3) "Candidate Fields"
			 means all grass seed or cereal grain fields being considered for open field
			 burning or propane flaming.
(4)
			 "Commission" means the Environmental Quality Commission.
(5) "Critical Non-Burn Area" means an area in
			 a grass seed or cereal grain field where burning is prohibited, pursuant to OAR
			 340-266-0075.
			 This prohibition may be permanent or for a limited period of time, where
			 provided in these rules.
(6)
			 "Cumulative Hours of Smoke Intrusion in the Eugene-Springfield Area" means the
			 average of the totals of cumulative hours of smoke intrusion recorded for the
			 Eugene site and the Springfield site, where it has been determined by the
			 Department that open field burning, propane flaming, or stack burning was a
			 significant contributor to the smoke intrusion:
(a) The Department shall record one hour of
			 intrusion for each hour the nephelometer hourly reading exceeds a background
			 level by 1.8 x 10-4 b-scat units or more but less than the applicable value in
			 subsection (b) of this section;
(b)
			 The Department shall record two hours of smoke intrusion for each hour the
			 nephelometer hourly reading exceeds a background level by 5.0 x 104 b-scat
			 units;
(c) The background level
			 shall be the average of the three hourly readings immediately prior to the
			 intrusion.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0050 - Registration, Permits, Fees, Records

Current through Register Vol. 63, No. 7, July 1, 2024
In administering a field burning smoke management program, the
				Department may contract with counties or fire districts or other responsible
				individual to administer registration of acreage, issuance of permits,
				collection of fees, and keeping of records for open field burning, propane
				flaming, or stack burning within their permit jurisdictions. The Department
				shall pay said authority for these services in accordance with the payment
				schedule provided for in ORS 468A.615. Three-quarters of said payment shall be
				made prior to July 1 of each year and the remainder shall be paid within ten
				days after completion of the end of season reconciliation:
(1) Registration of acreage:
(a) On or before April 1 of each year, each
			 grower intending to open burn or propane flame under this Division shall
			 register the total acreage to be open burned or propane flamed. Said acreage
			 shall be registered with the Department or its authorized permit agent on the
			 registration forms provided. Candidate fields for open burning or propane
			 flaming shall be listed on the registration form and shall also be delineated
			 on specially provided registration map materials and identified using a unique
			 field reference code. Each candidate field listed shall state if the field is
			 located in a priority area, contains a critical nonburn area, is a problem
			 field, or is being requested for emergency burning. Registration, listing of
			 fields, and mapping shall be completed according to the established procedures
			 of the Department. Fields to be registered for burning must be planted in crops
			 that can be open burned or propane flamed in the same year they are registered,
			 and must be owned or under the control of the registrant. At the time of
			 registration, a non-refundable registration fee of $4 shall be paid for each
			 acre registered for open field burning and $2 shall be paid for each acre
			 registered for propane flaming. The registration fees for open field burning
			 and propane flaming shall be paid into separate designated accounts. A complete
			 registration (permit application) shall consist of a fully executed
			 registration form, map and fee. Acreage registered by April 1 may be issued a
			 burn permit if:
(A) Allocation is available;
			 and
(B) The initial registration
			 fee account has a sufficient balance.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0060 - Acreage Limitations, Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Limitation of Acreage:
(a) The maximum acreage to be open field
			 burned annually in the Willamette Valley under this Division shall not exceed
			 15,000 acres of steep terrain and "identified species" as defined in OAR
			 340-266-0030.
(b) Steep terrain and identified species
			 burning is prohibited in Benton and Lane Counties, and in Linn County, except
			 for portions of northeast Linn County that are east of the North Santiam River
			 and north of Jefferson-Scio Drive and Robinson Drive to the west boundary of
			 the city of Scio and north of Highway 226, and portions of northeast Linn
			 County that are east of Richardson Gap Road and north of Fish Hatchery
			 Drive.
(c) The Department may by
			 order permit emergency open field burning, propane flaming, or stack burning of
			 up to 2,000 acres annually, in addition to the limitations on acreage specified
			 in this section. Requirements for emergency open burning are specified in OAR
			 340-266-0065.
(d) The maximum acreage to be propane flamed
			 annually in the Willamette Valley under this Division shall not exceed 500
			 acres for the years 2009, 2010, 2011 and 2012. For the year 2013 and
			 thereafter, all propane flaming is prohibited.
(e) The maximum acreage to be stack burned
			 annually in the Willamette Valley under this Division shall not exceed 1000
			 acres for the years 2009, 2010, 2011 and 2012. For the year 2013 and thereafter
			 all stack burning is prohibited.
(f) Other limitations on acreage allowed to
			 be open field burned are specified in OAR
			 340-266-0090(1)
 
			 and
			 340-266-0100(1);
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0070 - Daily Burning Authorization Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
As part of the Smoke Management Program provided for in ORS
				468A.590,
				the Department shall set forth the types and extent of open field burning,
				propane flaming, and stack burning to be allowed each day according to the
				provisions established in this section and this Division:
(1) During the active burning season and on
			 an as needed basis, the Department shall announce the burning schedule over the
			 burning radio network, or other communication technology method as approved by
			 the Department, and operated specifically for this purpose. The schedule shall
			 specify the times, locations, amounts and other restrictions in effect for open
			 field burning, propane flaming, and stack burning. The Department shall notify
			 the State Fire Marshal of the burning schedule for dissemination to appropriate
			 Willamette Valley agencies.
(2)
			 Prohibition conditions:
(a) Prohibition
			 conditions shall be in effect at all times unless specifically determined and
			 announced otherwise by the Department;
(b) Under prohibition conditions, no permits
			 shall be issued and no open field burning shall be conducted in any area except
			 for individual burns specifically authorized by the Department on a limited
			 extent basis. Such limited burning may include field-by-field burning,
			 preparatory burning, or burning of test fires, except that:
(A) No open field burning shall be allowed:
(i) In any area subject to a ventilation
			 index of less than 10.0;
(ii) In
			 any area upwind, or in the immediate vicinity, of any area in which, based upon
			 real-time monitoring, a violation of federal or state air quality standards is
			 projected to occur.
(B)
			 Only test-fire burning may be allowed:
(i) In
			 any area subject to a ventilation index of between 10.0 and 15.0, inclusive,
			 except for experimental burning specifically authorized by the Department
			 pursuant to OAR 340-266-0100;
(ii)
			 When relative humidity at the nearest reliable measuring station exceeds 50
			 percent under forecast northerly winds or 65 percent under forecast southerly
			 winds.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0075 - Burning Restrictions and Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following identifies smoke management requirements for
				Priority Areas, Critical Non-Burn Areas, Fire Marshal Buffer Zones, and Problem
				Fields, where burning is either restricted or prohibited, in order to further
				protect public health and safety from smoke impacts and potential fire
				hazards:
(1) Priority Areas:
(a) The following are priority areas where
			 open field burning, propane flaming, and stack burning are restricted by the
			 Department. No priority area acreage shall be burned upwind of any city,
			 airport, Interstate freeway or highway within the same priority area. Any
			 burning within a priority area is subject to field-by-field authorization by
			 the Department.
(A) Within three miles of the
			 city limits of incorporated cities having populations of 10,000 or
			 greater;
(B) Within three miles of
			 the city limits of the City of Lebanon;
(C) Within one mile of airports servicing
			 regularly scheduled airline flights;
(D) Areas on the west and east side of and
			 within 1/2 mile of Interstate I-5, from Portland to the Douglas/Lane County
			 lines;
(E) Areas on the west and
			 east side of and within 1/4 mile of these highways: 99, 99E, and 99W. Areas on
			 the south and north side of and within 1/4 mile of U.S. Highway 20 between
			 Albany and Lebanon, Oregon Highway 34 between Lebanon and Corvallis, Oregon
			 Highway 228 from its junction south of Brownsville to its rail crossing at the
			 community of Tulsa.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0080 - Burning by Public Agencies (Training Fires)

Current through Register Vol. 63, No. 7, July 1, 2024
In order to promote public safety through the training of
				firefighting personnel, open field burning on grass seed or cereal grain
				acreage by a fire department or rural fire protection district is subject to
				the following conditions:
(1) Such
			 burning must be deemed necessary by the official local fire authority having
			 jurisdiction, and must be conducted in a manner consistent with the primary
			 purpose of providing training to firefighting personnel, in accordance with ORS
			 468A.020.
(2) Such burning must be
			 limited to the minimum number of acres and occasions reasonably needed to
			 ensure adequate fire fighting personnel training.
(3) Consultation with the Department of
			 Agriculture by the fire department or rural fire protection district is
			 required, in order to identify the appropriate atmospheric dispersion and
			 burning conditions for optimum smoke dispersal, to protect the public from
			 smoke impacts.
(4) No training
			 fires shall be allowed on any acreage that is in a State Fire Marshal safety
			 buffer zone, and any training fire being considered in a critical non-burn
			 area, Priority Area, or Problem Field, shall comply with the requirements in
			 subsection (3) of these rules.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0090 - Preparatory Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The Department encourages the preparatory burning of portions
				of selected fields to reduce or eliminate potential fire hazards and safety
				problems and to expedite the subsequent burning of the field. Such burning
				shall be consistent with smoke management considerations and subject to the
				following conditions:
(1) Each
			 responsible person shall limit the acres burned to the minimum necessary to
			 eliminate potential fire hazards or safety problems but in no case exceed five
			 acres for each burn unless specifically authorized by the Department.
(2) Each responsible person conducting
			 preparatory burning shall employ backfiring burning techniques.
(3) Each responsible person conducting
			 preparatory burning shall comply with the provisions of OAR
			 340-266-0040  through
			 340-266-0060  and
			 837-110-0010  through
			 837-110-0090.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.600
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0100 - Experimental Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may allow open field burning for demonstration
				or experimental purposes pursuant to the provisions of ORS 468A.620, consistent
				with smoke management considerations and subject to the following
				conditions:
(1) Acreage experimentally
			 open field burned, propane flamed, or stack burned shall not exceed 1,000 acres
			 annually.
(2) Acreage
			 experimentally burned shall not apply to the district allocation or to the
			 maximum annual acreage limit specified in OAR
			 340-266-0060(1).
(3) Such burning is exempt from the
			 provisions of
			 340-266-0070  but must comply with the provisions of OAR
			 340-266-0040  and
			 340-266-0050,
			 except that the Department may elect to waive all or part of the per acre open
			 field burning or propane flaming fee.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.620
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0110 - Emergency Burning Cessation

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 468A.610 and upon finding of danger to public
				health or safety, the Commission may order temporary emergency cessation of all
				open field burning in any area of the Willamette Valley.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.610
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0120 - Propane Flaming

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The use of
			 propane flamers, mobile field sanitizing devices, and other field sanitation
			 methods specifically approved by the Department are subject to the following
			 conditions:
(a) The field shall first be
			 prepared as follows:
(A) Either the field must
			 have previously been open burned and the appropriate fees paid; or
(B) The field stubble must be flail-chopped,
			 mowed, or otherwise cut close to the ground and the loose straw removed so the
			 remaining stubble will not sustain an open fire.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0130 - Stack Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The open burning of piled or stacked residue from perennial or
				annual grass seed or cereal grain crops used for seed production is allowed
				subject to the following conditions:
(1) No person shall cause or allow to be
			 initiated or maintained any stack burning on any day or at any time if the
			 Department has notified the State Fire Marshal that such burning is prohibited
			 because of meteorological or air quality conditions.
(2) No person shall cause or allow stack
			 burning of any grass seed or cereal grain residue unless said residue is dry
			 and free of all other combustible and non-combustible material.
(3) Each responsible person shall make every
			 reasonable effort to promote efficient burning, minimize smoke emissions, and
			 extinguish any stack burning which is in violation of any rule of the
			 Commission.
(4) No stack burning
			 shall be conducted within any State Fire Marshal buffer zone "non-combustible
			 ground surface" area (e.g., within 1/4 mile of Interstate I-5, or 1/8 mile of
			 any designated roadway), as specified in OAR
			 837-110-0080.
(5) The acreage must be registered and
			 permitted pursuant to OAR
			 340-266-0050.
(6) Unless otherwise specifically agreed by
			 the parties, after the straw is removed from the fields of the grower, the
			 responsibility for the further disposition of the straw, including burning or
			 disposal, and payment of the appropriate fees, shall be upon the person who
			 bales, removes, controls, or is in possession of the straw.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.600
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 266 - FIELD BURNING RULES › Section 340-266-0140 - Burning Fees Outside Willamette Valley

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS 468A.615(1)(b), each person open field
				burning perennial or annual grass seed crops in counties outside the Willamette
				Valley, shall pay the Department $8.00 for each acre burned.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 268 - EMISSION REDUCTION CREDITS › Section 340-268-0010 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies to any person who wishes to create or bank an emission
			 reduction credit in the state.
(2)
			 Subject to the requirements in this division and OAR
			 340-200-0010(3),
			 LRAPA is designated by the EQC to implement the rules in this division within
			 its area of jurisdiction.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468A
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 268 - EMISSION REDUCTION CREDITS › Section 340-268-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 268 - EMISSION REDUCTION CREDITS › Section 340-268-0030 - Emission Reduction Credits

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who reduces emissions by implementing more stringent
				controls than required by a permit or an applicable regulation may create an
				emission reduction credit. Emission reduction credits must be created and
				banked within two years from the time of actual emission reduction.
(1) Creating Emission Reduction Credits.
			 Emission reductions can be considered credits if all of the following
			 requirements are met:
(a) The reduction is
			 permanent due to continuous overcontrol, curtailment or shutdown of an existing
			 activity or device;
(b) The
			 reduction is in terms of actual emissions reduced at the source. The amount of
			 the creditable reduction is the difference between the contemporaneous (any
			 consecutive 12 calendar month period during the prior 24 calendar months)
			 pre-reduction actual (or allowable, whichever is less) emissions and the
			 post-reduction allowable emissions from the subject activity or device;
(c) The reduction is either:
(A) Enforceable by DEQ through permit
			 conditions or rules adopted specifically to implement the reduction that make
			 increases from the activity or device creating the reduction a violation of a
			 permit condition; or
(B) The
			 result of a physical design that makes such increases physically impossible.
(d) The reduction is
			 surplus. Emission reductions must be in addition to any emissions used to
			 attain or maintain AAQS in the SIP;
(e) Sources in violation of air quality
			 emission limitations may not create emission reduction credits from those
			 emissions that are or were in violation of air quality emission limitations;
(f) Hazardous emissions reductions
			 required to meet the MACT standards at  40 CFR part 61  and part 63, including
			 emissions reductions to meet the early reduction requirements of section
			 112(i)(5), are not creditable as emission reduction credits for purposes of
			 Major NSR in nonattainment or reattainment areas. However, any emissions
			 reductions that are in excess of or incidental to the MACT standards are not
			 precluded from being credited as emission reduction credits as long as all
			 conditions of a creditable emission reduction credit are met.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0010 - Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of this division is to establish the Diesel Emissions Identification
			 Program, which is a voluntary labeling program, and participation requirements
			 for owners and operators of diesel-powered nonroad construction equipment and
			 onroad concrete mixer trucks and dump trucks in Oregon.
(2) Background. The 2019 Legislature adopted
			 House Bill 2007, which directs DEQ to establish a voluntary emission control
			 label program for nonroad diesel-powered construction equipment in Oregon. In
			 addition, diesel-powered onroad concrete mixer trucks and dump trucks are added
			 under DEQ's existing authority.
(3)
			 Administration. DEQ administers this division in all areas in the state of
			 Oregon, including the areas of the state subject to the jurisdiction of the
			 Lane County Regional Air Protection Agency.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.035 & 468A.813
Statutes/Other Implemented: ORS
				  468.035 &
				  468A.813
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0060 - Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
The following acronyms apply to this division:
(1) "C.F.R." means Code of Federal
			 Regulations and, notwithstanding OAR 340-200-0035  and except as otherwise
			 identified, refers to the edition in effect on the date the EQC approves these
			 rules.
(2) "DEQ" means Oregon
			 Department of Environmental Quality.
(3) "DOC" means diesel oxidation
			 catalyst.
(4) "DPF" means diesel
			 particulate filter.
(5) "ECL" means
			 emission control label.
(6) "EPA"
			 means the federal Environmental Protection Agency.
(7) "ERN" means equipment registration
			 number.
(8) "GVWR" means gross
			 vehicle weight rating.
(9) "MEL"
			 means manufacturer's engine label.
(10) "ODOT" means Oregon Department of
			 Transportation.
(11) "ZEE" means
			 zero-emission equipment.
(12) "ZEV"
			 means zero-emission vehicle.
Statutory/Other Authority: ORS
				  468.020 & ORS
				  468A.813
Statutes/Other Implemented: ORS
				  468A.813
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0100 - Voluntary Participation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The voluntary participation in this program by any person
				conclusively establishes consent to be subject to the jurisdiction of the State
				of Oregon, its courts, and the administrative authority of DEQ to implement
				this program. If a person does not consent to such jurisdiction, then that
				person may not participate in the program.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.035 & 468A.813
Statutes/Other Implemented: ORS
				  468.035 &
				  468A.813