| Smoke Management Program specifics |
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| Program overview |
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The Smoke Management Program of the Oregon Department of Agriculture (ODA) administers the open field burning rules in the Willamette Valley. The program roles are to:
- coordinate, register, and distribute burn permits
- authorize burning activities during the field burning season
- provide weather forecasts and ground surveillance during burn activities
- monitor acreage burned and collect burn fees
- enforce the rules that govern open field burning, propane flaming, and stack burning of grass and cereal grain in the Willamette Valley
- manage the alternatives to field burning financial assistance program.
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| Laws and rules |
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The authority to regulate open field burning is given to the Environmental Quality Commission (EQC) by Oregon Laws 1991, Chapter 920. The pertinent statutes are Oregon Revised Statute (ORS) 468A.550 through 468A.620.
It is the priority of the state to reduce the practice of open field burning while developing alternative ways of sanitizing fields and providing alternative methods of using and selling grass seed crop residues.
EQC is in charge of making the rules for field burning and ODA is in charge of running the Smoke Management Program. The program is enforced through Oregon Administrative Rules (OARs). Chapter 603, Division 77, Chapter 837 Division 110, and Chapter 340, Division 264 are the guidelines for Willamette Valley field burning. The rules apply to areas lying between the crest of the Coastal Range and the crest of the Cascade Range in these counties: Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill.
Through an agreement with the Department of Environmental Quality (DEQ), ODA manages the field burning program. The goal of the program is to offer opportunities for open field burning, propane flaming, and stack burning with minimal smoke impacts on the public. Permission to burn in the Willamette Valley is granted only after careful evaluation of daily weather and field conditions.
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| Visibility protection standard |
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In 1980, the U. S. Environmental Protection Agency (EPA) established rules protecting visibility in certain federal areas. Oregon has 12 of these Class I protected areas, which include 11 wilderness areas that are mostly along the crest of the Cascades, and Crater Lake National Park. For several years, DEQ monitored visibility in several Class I areas and worked with an advisory committee that represent agricultural, timber, environmental interests, and the public, in developing a plan to meet the federal goal.
Beginning in 1982, DEQ determined significant visibility problems during the summer months in federally protected areas. It was determined that the cause of the visibility issue was the result of field burning and forest slash burning. Thus, EQC designed changes to the regulations on field burning in 1986 and in 1992. These changes included banning field burning on weekends from July 1 through September 15, with an exception of when natural visibility is already hindered by clouds, fog, or rain. There is also an emergency clause, which allows the Director of ODA to modify the restrictions under unusual and severe hardship conditions.
Strategies were developed to address the lost burning opportunities. Short term strategies included beginning the burn season earlier, making improvements in smoke management and grower burning capabilities, and expanding the experimental rapid-ignition evening burn program. Long term strategies include the research and development of crops that do not require burning, and alternate ways to use straw.
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| History |
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Open field burning became common practice in 1948. In 1975, field burning came under the authority of DEQ, which had the ability to issue permits and cite violations. In 1990, ODA resumed responsibility for the Smoke Management Program and shared enforcement duties with DEQ. In 1991, the Oregon Legislature passed a new limitation to phase down acreage burned and limit certain types of burning. By 1995, ODA assumed full responsibility for the feild burning program.
A detailed list of events that led to today´s field burning program can be reviewed in Willamette Valley Field Burning History.
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| Registration |
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Every field of grass seed or cereal grain residue to be open field burned or propane flamed in the Willamette Valley must first be registered with and approved by the ODA, there are no exceptions. Open field burning or propane flaming any plot of land of grass seed or cereal grain residue not listed on a registration form is illegal.
A registration form is really a permit application. It uniquely identifies the grower registrant and each candidate field for open field burning or propane flaming. The information must be accurate because it forms the basis for issuing burn permits later. Field information includes the total number of acres available for open field burning, the total number of acres available for propane flaming, UTM coordinates of the field, county zone number the field is located in, whether the field is a problem field, crop type, and whether the field is located in a priority area near a city, airport, or designated highway, and individual field acres.
A cereal field can only be listed if the grower has completed the "oath or affirmation" section of the registration in which the grower promises that, if burned, a small-seeded seed crop which requires flame sanitation will be planted on that land the following year.
Registration of potential fields to be burned begins in mid-March and must be completed on or before April 1st. There are four distinct limitations (maximum number of acres) that apply to field burning in the Willamette Valley.
Regular limitation: Must not exceed 40,000 acres burned annually. This limitation includes cereal grain and all grass seed species except creeping red fescue, chewings fescue and highland bentgrass.
Identified Species limitation: This limitation includes only creeping red fescue, chewings fescue and highland bentgrass. A special set aside acreage, up to 25,000 acres, is assigned to this limitation and ‘steep terrain´ limitation each year after consultation with Oregon State University and the respective commodity commissions.
Steep Terrain limitation: Includes the 25,000 acres of special set aside acreage, after identified species consideration. Qualifying fields are defined by Revised Universal Soil Loss Equation (RUSLE) and percent of slope criteria. This limitation does not include those fields planted to creeping red fescue, chewings fescue, or highland bentgrass. Propane flaming is not allowed in areas registered as steep terrain.
Propane Flame limitation: Must not exceed 37,500 acres annually. Includes regular and identified species.
Registration mapping of fields
ODA provides a registration map of each district upon which every field registered must be drawn and reference coded. This map includes:
- A USGS aerial photo base map mounted on a board showing district boundaries and priority areas, and an insert showing zones.
- A clear plastic overlay showing these features, upon which the fields are drawn in with the nonpermanent marker provided by the ODA.
In June, the overlays are blueprinted and returned to the permit agent for use during the burn season.
It is the growers´ responsibility to show the exact location of each field by drawing in the field boundaries.
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| Permits |
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It is illegal to burn any grass seed or cereal grain field or residue in the Willamette Valley without a permit. Permits for open field burning or propane flaming are issued by the permit agent to the grower for specified fields and for stack burning for specified locations on the day of the burn, in exact accordance with the times, places, amounts, burn type and other provisions and limitations announced by ODA. One field, one permit; one location, one permit. No exceptions.
A grower is issued a validation number just prior to burning. This number details exactly which field and which burn type is permitted and is proof that a permit has been issued for that burn. A grower cannot burn a field in a manner other than that specified in the validation number.
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| Priority areas |
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Priority acreage is any acreage within a designated priority area around a smoke sensitive city, highway, or airport. Priority areas are defined as follows:
- Areas in or within a three-mile radius of the city limits of incorporated cities having populations of 10,000 or greater.
- Areas within a one-mile radius of airports servicing regularly scheduled airline flights.
- Areas on the west and east side of and within 1/4 mile of these highways: 99, 99E, and 99W. Areas on the south and north side of and within 1/4 mile of U.S. Highway 20 between Albany and Lebanon, Oregon Highway 34 between Lebanon and Corvallis, Oregon Highway 228 from its junction south of Brownsville to its rail crossing at the community of Tulsa.
- Areas in Lane County south of the line formed by U.S. Highway 126 and Oregon Highway 126.
- Areas in or within three miles of the city limits of the City of Lebanon.
- ODA may designate additional areas as "priority" when deemed necessary.
Open field burning in priority areas is handled the same as in regular areas except that a permit would not be issued if the prevailing winds will blow across the adjacent city, airport, or highway.
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| Fire safety buffer zones |
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State Fire Marshal (SFM) rules established a 1/2 mile wide fire safety buffer zone along Interstate 5, and the following major highways in the Willamette Valley:
- OR 99: from Junction City to Eugene
- OR 99E: from Oregon City to Salem, and from Albany to Junction City
- OR 99W: from Portland to Junction City
- US 20: from Philomath to Lebanon
- OR 22: from OR 18 to Mehama
- US 26: from OR 47 interchange to Portland
- OR 34: from Corvallis to Lebanon
Buffer zone restrictions apply to open field burning and stack burning only. Fields or portions of fields within 1/4 mile of I-5 and 1/8 mile of the above-designated highways cannot be registered for open field burning. (There are exemptions to this restriction under certain circumstances.) Fields or portions of fields located within 1/2 mile and outside 1/4 mile of I-5 or fields or portions of fields located within 1/2 mile and outside 1/8 mile of the above designated highways may be registered for open field burning, but permits may be issued only when a noncombustible ground surface is provided between the field to be burned and the nearest edge of the freeway/highway right-of-way and in each direction beyond the field boundaries parallel to the freeway/highway right-of-way. (There are exemptions to this restriction under certain circumstances.)
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| Summary of responsibilities |
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Environmental Quality Commission (EQC)
Sets policy for the DEQ and adopts rules regulating field burning pursuant to state laws ORS 468A.550 through 468A.620 and 468A.992.
Oregon Department of Agriculture (ODA)
Conducts a Smoke Management Program within the Natural Resources Division. The ODA duties include:
- Oversee all employees and contractors who work in the program, including at a minimum, permit agents and field coordinators.
- Coordinate, register, and issue of first-phase permits.
- Administer and verify permit agent records.
- Authorize and monitor burning activities during the field burning season, including the times, places, and number of fields to be burned.
- Provide weather forecasting and ground surveillance service, including a daily burn forecast.
- Monitor acreage burned and receive fees collected by permit agents.
- Administer the preliminary tax credit program.
- Enforce regulations.
- Manage the research and development program.
Oregon Department of Environmental Quality (DEQ)
Provides weather/smoke condition monitoring and smoke impact study.
Oregon Seed Council (OSC)
Represents the seed industry and operates/maintains the field burning radio network.
Permit Agent (PA)
ODA contracts with permit agents to administer registration of acreage, issue burn permits, collect registration and burn fees, and keep records for open field burning, propane flaming or stack burning, within their permit jurisdictions.
Grower responsibilities
- List and map every candidate field registered for open field burning and propane flaming.
- Obtain a burning permit for specified fields from permit agent contracted for that fire district (including payment of fees).
- Contact and obtain fire permits from the local fire district for permitted burns.
- Burn in accordance with the announced schedule and monitor the open burning radio frequency over which burn authorizations are issued.
- Expedite open field burns using rapid-ignition techniques whenever feasible.
- Actively extinguish fires when prohibition conditions are imposed by the ODA, and attend burns until effectively extinguished.
- Stop or refrain from burning inside a priority area when the local winds would cause the smoke to noticeably affect the nearby city, airport, or highway (even though a permit for the burn was issued).
- Have adequate lighting and extinguishing capabilities at the field.
- Safe and lawful field burning conduct.
- Learn and adhere to the provisions of the State Fire Marshal´s fire safety buffer zone regulations.
- Follow all other laws and rules related to open burning of grass seed or cereal grain crop residues.
Growers are encouraged to exercise sound judgment for the general success of the program, including:
- Prepare the field adequately.
- Turn down permits and wait for another day if the burn cannot be done quickly or within the allotted time, or if atmospheric conditions deteriorate.
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| Daily operations |
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From June 15th to September 30th, ODA sets the times, places, amounts, and restrictions for burning throughout the day. Within the limits of the rules, burn decisions are made in an effort to allow reasonable burning opportunities with minimal impacts on the public. Propane flaming and stack burning advisories are given in the morning radio announcement. In general, good open field burning conditions develop mid-day and deteriorate sometime before sunset. All fires should be out at fires out time and any active flames or major sources of smoke should be extinguished with water.
- Prior to 8:00 a.m.: Determine and relay to Oregon Emergency Management (OEM) an advisory for propane flaming and stack burning of grass seed and cereal grain residue. Determine and relay to the OEM an advisory for agricultural burning in rural areas outside of "special control areas."
- At 9:00 a.m.: Issue a general open field burning weather forecast over the radio system including the advisory for propane flaming, stack burning, and agricultural burning. To view the forecast and advisory, visit the Oregon Agricultural Weather Center.
- When conditions are appropriate: Take measurements of upper level winds and temperatures to determine the potential locations for open field burning test fires.
- At 12:00 Noon: Broadcast an updated propane flaming and stack burning advisory and open field burning weather forecast over the radio system. Burning authorizations, or prohibition messages, will be broadcast subject to weather and field conditions, observed/forecast weather and observed smoke buildups. To view the updated forecast and advisory, visit the Oregon Agricultural Weather Center.
- At 3:00 p.m. Friday: From June 15 through October 15, broadcast weekend burning advisory.
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| Tax Credit Program |
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Many growers have used the tax credit program during the acreage phasedown to relieve some of the financial burden created by facility construction and equipment purchase inherent to the many alternatives to open field burning being used by the industry. The final step in the phasedown reached in 1998 and the credit is still available to those investing in alternatives. A pollution control facility as it applies to open field burning is defined as:
- Equipment, facilities, and land for gathering, densifying, processing, handling, storing, transporting and incorporating grass straw or straw-based products that will result in reduction of open field burning;
- Propane flamers or mobile field sanitizers that are alternatives to open field and reduce air quality impacts; and
- Drainage tile installations that will result in a reduction of grass seed acreage under production.
The credits offer Willamette Valley growers income or corporate excise tax relief up to 5% of the cost of the facility per year for a maximum of 10 years. The portion of the actual cost of the facility allocable to pollution control depends on any return on investment from the facility and other factors.
If you would like more information about the program, have questions about the application form or would like to order an Alternatives to Field Burning Tax Credit Application Packet, feel free to call ODA at 503-986-4701 or call Maggie Vandehey, DEQ, at 503-229-6878. Visit the DEQ Tax Credit Program. |
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| Meteorological conditions |
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Open field burning, propane flaming, and stack burning are dependent upon weather conditions. To view the latest Willamette Valley weather forecast and burn advisory, visit the Oregon Agricultural Weather Center.
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| Visibility and smoke impacts |
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A nephelometer is used as a reliable indicator of smoke in the air. This instrument indicates smoke levels by measuring the amount of light scattering that occurs when a beam of light is sent through an enclosed volume of air. Since nephelometers are insensitive to ambient humidity, sun angle, and darkness, they have prevailed over visibility observations as the standard by which smoke intrusions are analyzed.
Nephelometers have been set up by the DEQ in major population centers throughout the Willamette Valley. The amount of light scattering that is caused by the tiny smoke particles is given a numerical value. The numerical values or "b scat" can indicate smoke intensity and overall ventilation capabilities. Currently, nephelometers are located in Portland, Salem, Corvallis, Lyons, Sweet Home, Eugene, and Springfield.
In general, the nephelometer b-scat readings correspond to the following visibility observations:
- 1.0 b-scat clear, no noticeable smoke, visibility 35 miles
- 2.0 b-scat noticeable smokey haze, visibility 15 miles
- 3.0 b-scat moderate smoke haze, visibility about 10 miles
- 4.0 b-scat haze becoming heavy, visibility about 7 miles
- 5.0 b-scat heavy haze, visibility about 5 miles
- 10.0 b-scat heavy smoke, visibility about 2 miles
- 20.0 b-scat heavy smoke, visibility less than a mile
Whenever b-scat readings exceed 1.8 above the background level (the smoke levels prior to any intrusion) for a period of one hour, an hour of official smoke impact is recorded for that station. A b-scat reading of 5.0 above background for one hour counts double, or for two hours of smoke impact.
High background levels during the day (above 3.0 b-scat) indicate that ventilation conditions are poor at the surface, and burning would not be advisable. On a good burn day, background levels are normally less than a 1.5 b-scat.
Between June 16 and September 14 of each year, smoke impact hours are defined as follows:
"Heavy" hours are 5.0 X 10-4 B-scat or more above background; equivalent to visual range of 5 miles or less. (One hour of heavy smoke impact is equal to two hours of moderate smoke impact.)
"Moderate" hours of smoke impact are defined as resulting in hourly nephelometer measurements exceeding 1.8 X 10-4 B-scat above the prior 3-hour background; equivalent to visual range of 12 miles of less.
"Light" hours of smoke impact are defined as resulting in hourly nephelometer measurements exceeding 1.0 X 10-4 B scat above the prior 3-hour background.
"Light" hours of smoke impact were not recorded prior to the 1999 season.
"Significant" hours of smoke impact are defined as resulting in hourly nephelometer measurements exceeding 1.8 X 10-4 B scat above the prior 3-hour background.
Note: Between September 15 and June 15 of each year, "heavy" hours are defined as 4.0 X 10-4 B-scat or more above background, equivalent to visual range of 5 miles or less. (One hour of heavy smoke impact is equal to two hours of moderate smoke impact.)
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