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.
|February 8, 2018||Title 47: Outdoor Burning Rules (Eugene UGB Ban)|
|January 11, 2018||Revisions to Titles 12, 14, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 48, 49, 50, 51: Permitting Rules|
|January 11, 2018||Title 44 and Title 46 Federal Standards|
|October 12, 2017||Title 47: Open (Outdoor) Burning Rule|
|June 8, 2017||Title 43: Asbestos Requirements|
|November 6, 2016||Updated Oakridge-Westfir PM2.5 Attainment Plan|
The LRAPA Board adopted on February 8, 2018 rule revisions proposed to Title 47: Outdoor Burning Rules regarding burning inside the Eugene Urban Growth Boundary. The implementation date was April 1st, 2018. However, at the March 8, 2018 LRAPA Board meeting, the Board voted to reconsider the previous decision and postpone the implementation date to be decided at the April Board Meeting.
On February 8, 2018 a hearing on proposed updates to LRAPA’s Title 47: Outdoor Burning rule was held. The LRAPA outdoor burning rules in Title 47 of the LRAPA Rules and Regulations were recently revised and updated in October 2017 but action was not taken on one issue regarding further restrictions on outdoor burning in the Eugene Urban Growth Boundary (UGB), pending further conversations with the Lane County Board of Commissioners and others. For this hearing, LRAPA staff has drafted a redline-strikeout version with these five alternatives for the purpose of seeking public comments on them. The attached redline-strikeout version also includes a few minor housekeeping changes noted in the staff review of the rule revisions adopted by the LRAPA Board on October 12, 2017. A public hearing was held on February 8, 2018 which also allowed further review by the LRAPA Citizens Advisory Committee at the January 30, 2018 meeting.
The board was presented with five choices for the Urban Growth Boundary burning discussion, and chose the fifth option- to ban outdoor burning within the Eugene UGB:
- No further action, continuing to allow outdoor burning on 0.5 acre properties at some times within the Eugene UGB. This would continue to allow burning on up to 312 properties.
- Requiring minimum property size of 1.0 acres for outdoor burning in the Eugene UGB. This would reduce the number of potentially-burning properties to 82, or 26% of 312.
- Requiring minimum property size of 3.0 acres for outdoor burning in the Eugene UGB. This would reduce the number of potentially-burning properties to 15, or 5% of the current 312, all of which would be in the southern portion of the Eugene UGB which typically has steeper slopes, and eliminating outdoor burning in the northern portion of the Eugene UGB.
- Requiring minimum property size of 5.0 acres for outdoor burning in the Eugene UGB. This would reduce the number of potentially-burning properties to 10, or 3% of the current 312, all of which would be in the southern portion of the Eugene UGB which typically has steeper slopes.
- Ban all outdoor burning within the Eugene UGB, as proposed in August 2017, consistent with the current prohibition within the Eugene city limits.
The LRAPA Board adopted at the January 11, 2018 rule revisions proposed to Revisions to Titles 12, 14, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 48, 49, 50, 51: Permitting Rules
The Lane Regional Air Protection Agency (LRAPA) Board of Directors recently adopted a comprehensive set of rule changes at their January 11, 2018 meeting. The new rules became effective upon adoptionand are available on our website at: http://www.lrapa.org/205/Rules‐Regulations
When permits are renewed or modified, LRAPA has been and will be including the new aspects of the rules into permits that are affected by the adopted changes. These changes mostly affect larger permitted sources on Title V Operating Permits and Standard Air Contaminant Discharge Permits (ACDPs), but there are also changes that affect smaller to mid‐sized facilities on Basic, General and Simple ACDPs. The summary of the rule changes is in the Staff Report located here:
Staff report on industrial rule changes: http://www.lrapa.org/DocumentCenter/View/2899
The more significant changes that affect or will affect permitted sources are:
- Updates to the particulate matter emission standards;
- Retention of the 3‐minute aggregate basis for opacity standards (DEQ changed to a 6‐minute
average basis); and
- ACDP fee increase: A 10% one‐time increase and 4% annual increase (July 1st each year) in the
ACDP fee schedule that will mostly affect 2019 annual fees due 12/1/18. The Board’s Resources
Committee recommended and the Board approved a 10% increase in LRAPA ACDP fees at the
October 2016 Board of Directors meeting. The Board approved an annual 4% increase in ACDP
fees on July 1st of each year in lieu of the current increase by the CPI.
For more information about LRAPA’s rule changes, please contact your permit writer, inspector or this
office at firstname.lastname@example.org or 541‐736‐1056. LRAPA’s staff directory is on our website at this
The rules for which LRAPA has delegation of federal standards were last updated in November 2015. With this proposed rulemaking, LRAPA has drafted adoption of new and amended federal air quality regulations. LRAPA needs to update titles 44 (National Emission Standards for Hazardous Air Pollutants -NESHAPs) and 46 (New Source Performance Standards – NSPSs) because LRAPA does not have rules to implement certain federal standards and emission guidelines.
Federally-delegated standards are included in LRAPA Title 44: Hazardous Air Pollutant Program, and Title 46: New Source Performance Standards. These rules were last amended in November 2015 and originally adopted in November 1994.
LRAPA proposes to adopt new and amended federal air quality regulations. This includes the following revisions:
- Adoption of New federal standards for kraft pulp mills, crude oil and natural gas facilities, greenhouse gas emissions for electric generating units, and wool fiberglass manufacturing.
- Adopting newly amended federal standards.
- This rulemaking does not involve permit fees.
DEQ has reviewed the draft changes; DEQ has provided comments and determined that the rules are at least as stringent as state rules.
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 - adopted in February 2018
- 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: