Oregon Administrative Code

340-264-0030 Definitions 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) "Agricultural burning for disease …

340-264-0040 Exemptions, Statewide Except for the provisions contained in OAR 340-264-0050 and 340-264-0060, this division does not apply to: (1) Recreational fires and ceremonial fires, for which a fire is appropriate. (2) Barbecue equipment used in connection with any residence…

340-264-0050 General Requirements Statewide This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, order or decree of the EQC or other agency having jurisdiction: (1) The following persons are considered a responsible per…

340-264-0060 General Prohibitions Statewide This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, or order or decree of the EQC or other agency having jurisdiction: (1) The following persons are strictly liable for open …

340-264-0070 Open Burning Conditions Pursuant to ORS 468A.570, 476.380, 477.520 and 478.960, the following open burning conditions apply: (1) Mandatory Prohibition Based on Adverse Air Quality Conditions: (a) DEQ will notify the State Fire Marshal that all open burning is prohibi…

340-264-0075 Delegation of Authority 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 ou…

340-264-0078 Open Burning Control Areas Generally, areas around the more densely populated locations in the state and valleys or basins that restrict atmospheric ventilation are designated "Open Burning Control Areas". The practice of open burning may be more restrictive in open …

340-264-0080 County Listing of Specific Open Burning Rules 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, an…

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 Open burning requirements for the counties of Baker, Clatsop, Cro…

340-264-0110 Benton, Linn, Marion, Polk, and Yamhill Counties 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 prohibite…

340-264-0120 Clackamas County 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 S…

340-264-0130 Multnomah County 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 S…

340-264-0140 Washington County Open burning requirements for Washington 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…

340-264-0150 Columbia County 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 l…

340-264-0160 Lane County 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 B…

340-264-0170 Coos, Douglas, Jackson and Josephine Counties 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…

340-264-0175 Klamath County 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 i…

340-264-0180 Letter Permits (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 accordan…

340-266-0010 Introduction (1) Except for the fee in OAR 340-266-0140, this Division applies to the open field burning, propane flaming, and stack burning of all perennial and annual grass seed and cereal grain crops, and associated residue within Multnomah, Washington, Clackamas,…

340-266-0020 Policy 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 m…

340-266-0030 Definitions 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 di…

340-266-0040 General Requirements (1) No person shall cause or allow open field burning or propane flaming on any acreage unless said acreage has first been registered and mapped pursuant to OAR 340-266-0050(1), the registration fee has been paid, and the registration (permit app…

340-266-0050 Registration, Permits, Fees, Records 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,…

340-266-0060 Acreage Limitations, Allocations (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. (…

340-266-0065 Emergency Open Burning In accordance with ORS 468A.610(11)(a), the Department of Environmental Quality may by order allow up to 2,000 acres each calendar year for emergency open burning, propane flaming or stack burning to address a disease outbreak or insect infesta…

340-266-0070 Daily Burning Authorization Criteria 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…

340-266-0075 Burning Restrictions and Prohibitions. 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 pub…

340-266-0080 Burning by Public Agencies (Training Fires) 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 c…

340-266-0090 Preparatory Burning 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 man…

340-266-0100 Experimental Burning 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…

340-266-0110 Emergency Burning Cessation 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. Statutory/Other Authority: ORS 468 & 468…

340-266-0120 Propane Flaming (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…

340-266-0130 Stack Burning 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 bu…

340-266-0140 Burning Fees Outside Willamette Valley 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. Statutory/Other Authority…

340-268-0010 Applicability and Jurisdiction (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 ru…

340-268-0020 Definitions 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 Sta…

340-268-0030 Emission Reduction Credits 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 f…

340-269-0010 Overview (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 …

340-269-0030 Definitions The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and in OAR 340-200-0020, then the definition in this rule applies to this division. (1) “Active participant” means a person who has voluntar…

340-269-0060 Acronyms 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 …

340-269-0100 Voluntary Participation Requirements 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…

340-269-0110 Registration (1) A person that wishes to voluntarily participate in this program must successfully complete a registration process to be considered active in the program, which requires: (a) Completing and submitting either a DEQ supplied registration form or another…

340-269-0120 Demonstration Approval Emissions Profile. DEQ will review each application and determine whether the applicant has provided sufficient information to document the emissions profile of each nonroad diesel engine, in addition to the engine profile for each concrete mix…

340-269-0130 Labeling (1) Issuance. Upon successful demonstration of the emissions profile of a piece of equipment and/or the engine profile for each vehicle as described in OAR 340-269-0120, DEQ will issue the emission control label(s) to the voluntary participant. (2) Placement…

340-269-0140 Reporting Quarterly Reports. Active participants must submit quarterly reports to DEQ that provide updates on the equipment and changes made to the fleet to maintain an active registration in the program. (1) If there are no updates to report, then the active partici…

340-269-0150 Deactivation (1) Notifications. DEQ may deactivate an active participant’s participation in the program and place the person in a suspended status if it is determined that there is noncompliance with any portion of this rule. DEQ will notify the active participant of…

340-270-0010 Overview (1) Purpose. The purpose of this division is to establish a rebate program and eligibility requirements for the purchase or lease of new or used zero-emission vehicles in Oregon. (2) Background. The 2017 Oregon Legislature adopted House Bill 2017 that author…

340-270-0020 Applicability and Effective Dates (1) The criteria and requirements for the light duty zero emission vehicle rebate program is established in OAR 340-270-0030 through OAR 340-270-0500. (a) The rebates for eligible new light-duty zero-emission vehicles and eligible pl…

340-270-0030 Definitions and Abbreviations (1) “Area median income” means the median income for the metropolitan statistical area in which a household is located or, if the household is not located within a metropolitan statistical area, for the metropolitan statistical area in c…

340-270-0100 Vehicles Eligible for Zero-Emission Vehicle Standard Rebates (1) To qualify for a standard rebate, a motor vehicle must: (a) Qualify as an eligible vehicle, as defined in OAR 340-270-0030(5); and (b) Have a purchase or lease date on or after effective date of the pro…