Current through Register Vol. 63, No. 9, September 1, 2024
(1) ODF Salem
headquarters office shall develop and distribute a best-practices communication
framework for dissemination through local ODF and federal district offices to
their respective local public health authority. The communications framework
shall include general information regarding:
(a) The purpose and importance of prescribed
burning,
(b) The health risks of
wildfire and prescribed fire smoke,
(c) Recommendations for the public and
vulnerable populations to reduce their exposure to smoke,
(d) How local officials and the public can
find out about current and upcoming prescribed burns planned in their area,
and
(e) How residents of an SSRA
and other interested persons can get up-to-date information about anticipated
smoke impacts in specific SSRAs.
(2) ODF and DEQ recommendcommunities that are
SSRAsandhave experienced repeated smoke incidents and/or intrusions in the
pastcollaboratively develop a community response planand program.
(a) The information in the plan and program
includes, but is not limited to the following:
(A) A description of populations in an SSRA
community that are vulnerable to the health effects of short-term
smoke;
(B) Adequate means by which
the public, especially vulnerable populations in the SSRA community, will be
notified in a clear and reliable way of anticipated smoke impacts in a timely
manner;
(C) Adequate options for
protecting the health of vulnerable populations (or helping such populations to
protect themselves) from short-term exposure to smoke; and
(D) A plan and program for communications
between the entities that conduct prescribed fire, the local public health
authority, and the community's public and vulnerable populations who may be
impacted by smoke.
(b)
Thecommunity responseplanshould be coordinated through the local public health
authority, but developed collaboratively with members or representatives of
vulnerable populations, community officials, representatives from entities that
have responsibility for prescribed fire, forest restoration collaborative
groups, local businesses, and other interested members of the public.
(c) The plan shall include a public
communication and education strategy as outlined in the communication framework
in (1).
(3) SSRA
communitiesthat develop and implement such a plan that meets the criteria
outlined in (2) may request an exemption from the one-hour average smoke
intrusion threshold. An exemption to the one-hour smoke intrusion threshold
means that smoke impacts that surpass the one-hour threshold, but not the
24-hour average threshold, shall be deemed smoke incidents, not smoke
intrusions, in the SSRA.
(a) The request for
exemption must be made by the community's local governing body in coordination
with their County Board of Commissioners.
(b) The request for exemption will be
considered for approval by ODF and DEQ under the advisement of Oregon Health
Authority. The exemption shall be granted within 30 days of submission unless
ODF and DEQ agree that the plan does not comply with the criteria in
(2).
(c) If ODF and DEQ determine
the plan does not comply with the above criteria, they shall, within 30 days of
submission, provide a written explanation of the reasons for denial.
(d) ODF and DEQ may revoke the exemption if
there are repeated (three or more in five years) smoke intrusions that exceed
the 24-hour average threshold or prescribed burning contributes to two or more
NAAQS exceedances.
(e) ODF and DEQ
will revoke the exemption if the SSRA is within one exceedance of a NAAQS
violation. SSRAs that are in a NAAQS violation (nonattainment) will not be
eligible for an exemption.
(f) In
addition, SSRAs that have received an exemption must demonstrate they are
implementing their community response plan through an annual report provided by
the local health authority detailing:
(A)
Compliance with requirements in (2);
(B) A summary of methods used to communicate
to the public and vulnerable populations;
(C) A log of dates and times the community
initiated their response plan;
(D)
A record of local meetings to discuss or update the community response
plan.
(g) An SSRA that
has their exemption revoked may reapply for the exemption after a year provided
all conditions stated in (3) have been met.
Statutory/Other Authority: ORS
477.013,
ORS
477.562,
ORS
526.016 & ORS
526.041
Statutes/Other Implemented: ORS
477.013,
ORS
477.515 & ORS
477.562