Why this is Important

LRAPA amended their open burning rules on March 14, 2008. State law requires that LRAPA rules must be at least as stringent as EQC’s rules. DEQ reviewed LRAPA’s draft rules and determined that they were at least as stringent as EQC’s. DEQ authorized LRAPA to act as hearings officer for the EQC for the SIP amendment. DEQ then reviewed the adopted rule and still found it to be at least as stringent as EQC’s, and we recommend EQC adopt LRAPA’s Title 47 as a SIP revision. The next step will be to submit Title 47 to EPA.

Department Recommendation and EQC Motion

The Department of Environmental Quality (DEQ, Department) recommends that the Environmental Quality Commission (EQC, Commission) adopt the amendments to LRAPA Title 47, to provide for additional control of open burning activities in Lane County, to address the need to reduce particulate emissions, as presented in Attachment [?].

Background and Need for Rulemaking

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 of PM2.5—open burning. The winter months of November through February are when the highest levels of PM2.5 are recorded in Lane County. The proposed rules would prohibit all open burning within the Eugene/Springfield PM10 non-attainment area during this period.

Effect of Rule

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.

The proposed rules would accommodate a request from Hazeldell and Siuslaw RFPDs to be included in the special open burning control areas.

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.

Commission Authority

The Commission has authority to take this action under ORS 468A.135

Stakeholder Involvement

The rules were reviewed by LRAPA’s Advisory Committee, and the committee’s recommendations were considered in revisions to the original proposal. The Lane Fire Defense Board (representing fire districts within Lane County) reviewed the original proposal, and its recommendations were also considered in revisions to the original proposal. The public was made aware that revisions to Title 47 were being proposed and were given opportunity to provide comment.

Public Comment

A formal public comment period extended from January 1, 2008 to February 12, 2008 and included a public hearing in Springfield. Results of public input are provided in Attachment D.

Key Issues

Key issues were:

A.  The current rules did not address small recreational fires such as patio fireplaces. As such devices have grown in popularity, complaints from neighbors have posed problems for LRAPA. These rule amendments provide language to address those fires by adding provisions for when they may be used and the types of materials that are allowed to be burned.

B.   The Hazeldel and Siuslaw Fire Districts asked to be added to the list of districts subject to seasonal open burning restrictions. These rule amendments accomplish that.

C.   LRAPA works closely with the Lane Fire Defense Board regarding when the backyard burning season starts and ends each year. Often conditions are very dry at the end of the summer and into the fall, and the Fire Defense Board will ask LRAPA to delay the beginning of the season until they decide it is safe to allow burning. Several years ago, LRAPA changed its rules to push the beginning of the season from October 1 to October 15 because it had been quite a few years since burning could be allowed before the 15^th ; and there was often confusion among the public about the date in our rules vs. the date when the season actually started. Last year, conditions were right to allow burning by October 1, and LRAPA’s rules did not allow that to happen. The season beginning date has been changed back in this rulemaking, to allow open burning to begin October 1, if conditions allow it.

Next Steps

As with previous amendments to LRAPA’s open burning rules, the amendments took effect immediately upon adoption by the LRAPA Board of Directors in March of 2008; however, enforcement of the amended rules is phased in by using the remainder of the current open burning season to educate individuals who are engaging in activities which violate those rules. News releases and public education are used to let the public know about new requirements and what they need to do to comply. Enforcement staff know the rules and are responsible for a large part of the public education effort. After the rules are in place for several months, enforcement staff will begin issuing warnings, notices of non-compliance, and notices of violation (possibly accompanied by civil penalty assessments). LRAPA does not anticipate a need for additional resources to implement the amended rules. The Rule Implementation Plan is available upon request.

Attachments

A.  Proposed Rule Revisions

1.  Summary of Rule Revisions

2.  Proposed Rule Revisions (redlined version)

B.  Summary of Public Comments and Agency Responses

C.  Advisory Committee Membership

D.  Presiding Officer’s Report on Public Hearing

E.  Relationship to Federal Requirements Questions

F.  Statement of Need and Fiscal and Economic Impact

G.  Land Use Evaluation Statement

Available Upon Request

1.  Legal Notice of Hearing

2.  Cover Memorandum from Public Notice

3.  Written Comment Received

4.  Rule Implementation Plan