Secretary of State
STATEMENT OF NEED AND FISCAL IMPACT
A Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking accompanies this form.
Department of Environmental Quality OAR Chapter 340
Agency and Division Administrative Rules Chapter Number
Revisions to LRAPA open burning rules
Rule Caption (Not more than 15 words that reasonably identifies the subject matter of the agency’s intended action.)
In the Matter of: Revisions to LRAPA open burning rules
Statutory Authority: ORS 183; ORS 468A.135
Other Authority: LRAPA Titles 13 and 14
Stats. Implemented: ORS 468.020; ORS 468A.135
Need for the Rule(s): Given the new federal particulate standards for PM2.5, and the probability that areas of Lane County could exceed those standards, LRAPA is pro-actively addressing a source ofPM2.5-open burning. The winter months of November through February are when the highest levels ofPM2.5 are recorded in Lane County. The proposed rules would prohibit all open burning within the maintenance area during this period.
The current rules do not adequately address small recreational fires, such as patio fireplaces. The proposed rules would clarify when and where these fires could occur and identify what fuels would be acceptable.
A request has been received for the Hazeldell and Siuslaw RFPDs to be included in the special open burning control area. The proposed rules would accommodate that request.
Other minor changes in the proposed rules include clarification of several definitions, allowing the daily end time on burn days to be set earlier than sunset, restricting the open burning season in the outlying areas of Lane County, and correcting for the recent
LRAPA name change.
If the EQC adopts the rule, the amendments will be submitted by DEQ to the U. S. Environmental Protection Agency as a revision to the State of Oregon Clean Air Act State Implementation Plan.
Documents Relied Upon, and where they are available: Attorney General's Uniform Rules of Procedure, at Oregon Attorney
General's office, (503) 378-6002; LRAPA Title 47, on LRAPA's website, www.lrapa.org or at LRAPA office 1010 Main Street,
Springfield, OR 97477
Fiscal and Economic Impact: No significant fiscal or economic impacts are expected to the public, industry, LRAPA, or other government agencies. These rules primarily affect residential open burning.
Statement of Cost of Compliance:
1. Impact on state agencies, units of local government and the public (ORS 183.335(2)(b)(E)): Not significant
2. Cost of compliance effect on small business (ORS 183.336): not significant
a. Estimate the number of small businesses and types of business and industries with small businesses subject to the rule: Not applicable
b. Projected reporting, recordkeeping and other administrative activities required for compliance, including costs of professional services: Not applicable
c. Equipment, supplies, labor and increased administration required for compliance: Not applicable
How were small businesses involved in the development of this rule? Not applicable
Administrative Rule Advisory Committee consulted?: LRAPA's Citizens Advisory Committee was consulted, and minor revisions were made to the initial draft rule amendments in response to the committee's comments.
If not, why?:
Signature Printed name Date
Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310. ARC 925-2007