Recent Rule Changes Adopted By the LRAPA Board of Directors
The list below includes recently adopted rules. For rules being proposed to the LRAPA Board of Directors, click the proposed rules tab to the left. Click on the adopted rules tab to view information about any changes recently made to an LRAPA rule, citizen advisory committee (CAC) activity regarding the rulemaking, Notice of Rulemaking, comment deadlines, contact information, and hearings.
With this rulemaking, LRAPA updated Title 47: Open (Outdoor) Burning rules in part.
DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for outdoor burning into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors will consider the adoption of outdoor burning rules revisions in an effort to meet or maintain federal air quality standards for fine particulate matter and to improve the general air quality of Lane County. The LRAPA rules were revised to:
- Change the term "Open Burning" to "Outdoor Burning" throughout Title 47 - adopted
- Clarify terminology pertaining to size and materials of "religious ceremonial fires" and "bonfires" - adopted
- Clarify terminology relative to outdoor burning during the LRAPA "Home Wood Heating Season" - adopted
- Require residents within the Oakridge Urban Growth Boundary to be subject to outdoor burning prohibitions and exemptions during the November through February Oakridge "Home Wood Heating Season" - adopted
- Identify the Eugene and Springfield Urban Growth Boundaries as separate - adopted
- Identify cardboard, clothing and grass clippings as "prohibited materials" - adopted
- Prohibit outdoor burning in barrels - adopted
- Prohibit outdoor burning within the Eugene Urban Growth Boundary -NOT ADOPTED
- Include in LRAPA rules Oakridge and Florence outdoor burning ordinances requirements - adopted
- Limit outdoor burning to woody yard trimmings within the city limits of Junction City, Coburg, Cottage Grove, Creswell, Lowell, Westfir, Dunes City and Veneta and further clarify relative to affected areas - adopted
- Update names of Fire Districts Attachment 1: Agenda Item 9 Staff Report page | 2 - adopted
- Update "Forest Slash Outdoor Burning" requirements in areas not covered by Department of Forestry Smoke Management Plan - adopted
- Increase fee for prescribed burning of standing vegetation permits (species or wetland conversion) from $100 to $1,000 and include caveat relative to Director discretion in fee adjustment - adopted
- Increase fee for permits required for forest slash open burning in areas not covered by the Department of Forestry Smoke Management Plan and for construction, demolition, commercial or industrial open burning from $4 per cubic yard to $10 per cubic yard and minimum fee from $50 to $100- adopted
After a September 14, 2017 public hearing, the LRAPA Board decided to delay action on the rule revisions for further debate on the Eugene Urban Growth Boundary (UGB) outdoor burn ban issue. At the October 12, 2017 LRAPA Board meeting, the board voted to approve all proposed revisions to the rule except for the ban of outdoor burning in the Eugene UGB as outlined in Version 2 below.
The Public Comment period of this rulemaking ran from August 1, 2017 to September 14, 2017 with several public comment submissions.
- LRAPA Title 47 (Redline version 1) - Not adopted. Original version, includes the Eugene UGB prohibition of outdoor burning
- LRAPA Title 47 (Redline version 2) - Adopted version (version 2 is identical as version 1 except for the prohibition of outdoor burning within the Eugene UGB, which was not included)
- Crosswalk summary of proposed revisions - Section 47-015, Residential Open Burning Requirements, 2.B. was NOT adopted.
- LRAPA Staff Report - September 14, 2017
On July 26, 2010, the LRAPA Board adopted amendments to LRAPA Title 43: Asbestos Requirements moving the asbestos survey requirement to the applicability section of the rule and out of the work practices section for purposes clarification on the survey requirements. This rulemaking focused on the residential construction date for asbestos survey exemption. Beginning with Senate Bill 705 (2015) and legislature’s direction, DEQ proposed rule changes which have been adopted. In January 2016, the DEQ adopted new asbestos rules which are contained in OAR 340-248. DEQ made changes to their asbestos regulation by adopting a residential construction date (January 1, 2004) after which homes are exempt from the survey requirement. The rule amendment was adopted by a temporary rulemaking on December 10, 2015 and effective January 1, 2016, then followed by a full rulemaking in March 2016 effective April 21, 2016. DEQ is in the process of revising the entirety of OAR 340-248 – Asbestos Requirements. This larger, more comprehensive DEQ rulemaking is scheduled to be completed in early 2018, at which time LRAPA staff will revisit and propose updates to Title 43 for consistency and stringency throughout.
This LRAPA rulemaking updated the residential construction date for asbestos survey exemption from the previous 1987 date to January 1, 2004 (OAR 340-248-0250(2)(d)). The DEQ rules regulate asbestos abatement projects conducted everywhere in Oregon except for Lane County. In Lane County, LRAPA has been delegated that responsibility. LRAPA’s rules are required to be at least as stringent as DEQ’s. Due to DEQ adopting new asbestos rules in 2016, LRAPA staff revised the asbestos rules contained in LRAPA Title 43 focusing on the residential survey date exemption change until the more comprehensive DEQ asbestos rulemaking is complete. The draft Title 43 was reviewed with the LRAPA Citizens Advisory Committee at its February 28, 2017 meeting. The Public Comment period for this rulemaking ran from May 8, 2017 to June 8, 2017 however LRAPA did not receive any public comments.
At the Hearing on June 8, 2017, the Board adopted the proposed rule changes.
The Oregon Department of Environmental Quality (DEQ) and the Lane Regional Air Protection Agency (LRAPA) rely upon local air quality stakeholders in developing key aspects of air quality plans to assure that community needs are met. Feedback from the public is a crucial part of plan development.
DEQ and LRAPA are proposing to adopt an air quality attainment plan for the non-attainment area surrounding the cities of Oakridge and Westfir designed to meet compliance with the federal public health standards for particulate matter 2.5 microns and less (PM2.5). High concentrations of PM2.5 inhaled by an individual can cause unwanted health effects especially in children, the elderly, or those with lung or heart disease.
The adopted PM2.5 plan is an update to the 2012 plan and will bring the Oakridge area into compliance with the 2006 24-hour standard by the end of 2016 as required by federal law. Oakridge does not violate the annual PM2.5 standard. This attainment plan fulfills federal requirements regarding EPA designated nonattainment areas.
To view the plan and related documents click the links below: