(1)Except as provided in section (2), OAR chapter 340 divisions 200 through 268 do not apply to:
(a)Agricultural operations, including but not limited to:
(A)Growing or harvesting crops;
(B)Raising fowl or animals;
(C)Clearing or grading agricultural land;
(D)Propagating and raising nursery stock;
(E)Propane flaming of mint stubble; and
(F)Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505 (Definitions for ORS 571.510 to 571.580), during the period beginning October 1 and ending May 31 of the following year.
(b)Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock.
(c)Barbecue equipment used in connection with any residence.
(d)Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under OAR 340 divisions 240 and 262, and as provided in ORS 468A.020 (Application of air pollution laws)(1)(d). Emissions from woodstoves can be used to create emission reduction credits in OAR 340 division 268.
(e)Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary.
(f)Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction.
(2)Section (1) does not apply to the extent:
(a)Otherwise provided in ORS 468A.555 (Policy to reduce open field burning) to 468A.620 (Experimental field sanitization), 468A.790 (Memorandum of understanding with State Department of Agriculture), 468A.992 (Civil penalties for open field burning violations), 476.380 (Fire permits) and 478.960 (Burning of certain materials permitted only with permission of fire chief);
(b)Necessary to implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS 468A.025 (Air purity standards), 468A.030 (When liability for violation not applicable), 468A.035 (General comprehensive plan), 468A.040 (Permits), 468A.045 (Activities prohibited without permit) and 468A.300 (Definitions) to 468A.330 (Small Business Stationary Source Technical and Environmental Compliance Assistance Program); or
(c)Necessary for the EQC, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions.
Rule 340-200-0030 — Exceptions,