ORS 468A.570
Classification of atmospheric conditions

  • marginal day

(1)

As used in this section:

(a)

“Marginal conditions” means atmospheric conditions such that smoke and particulate matter escape into the upper atmosphere with some difficulty but not such that limited additional smoke and particulate matter would constitute a danger to the public health and safety.

(b)

“Marginal day” means a day on which marginal conditions exist.

(2)

For purposes of ORS 476.380 (Fire permits) and 478.960 (Burning of certain materials permitted only with permission of fire chief), the Environmental Quality Commission shall classify different types or combinations of atmospheric conditions as marginal conditions and shall specify the extent and types of burning that may be allowed under different combinations of atmospheric conditions. A schedule describing the types and extent of burning to be permitted on each type of marginal day shall be prepared and circulated to all public agencies responsible for providing information and issuing permits under ORS 476.380 (Fire permits) and 478.960 (Burning of certain materials permitted only with permission of fire chief). The schedule shall give first priority to the burning of perennial grass seed crops used for grass seed production, second priority to annual grass seed crops used for grass seed production, third priority to grain crop burning, and fourth priority to all other burning and shall prescribe duration of periods of time during the day when burning is authorized.

(3)

In preparing the schedule under subsection (2) of this section, the commission shall provide for the assignment of fourth priority burning by the State Department of Agriculture in accordance with the memorandum of understanding established pursuant to ORS 468A.585 (Memorandum of understanding with State Department of Agriculture).

(4)

In preparing the schedule required under subsection (2) of this section, the commission shall weigh the economic consequences of scheduled burnings and the feasibility of alternative actions, and shall consider weather conditions and other factors necessary to protect the public health and welfare.

(5)

None of the functions of the commission under this section or under ORS 476.380 (Fire permits) or 478.960 (Burning of certain materials permitted only with permission of fire chief), as it relates to agricultural burning, shall be performed by any regional air quality control authority established under ORS 468A.105 (Formation of regional air quality control authorities). [1991 c.920 §6]

Source: Section 468A.570 — Classification of atmospheric conditions; marginal day, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468A.­html (accessed May 26, 2025).

See also annotations under ORS 449.840 in permanent edition.

Attorney General Opinions

Under former similar statute (ORS 468.450)

Regulation by Environmental Quality Commission of agricultural open burning, (1981) Vol 41, p 405

468A.005
Definitions for air pollution laws 468A.010
Policy 468A.015
Purpose of air pollution laws 468A.020
Application of air pollution laws 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 468A.050
Classification of air contamination sources 468A.055
Notice prior to construction of new sources 468A.060
Duty to comply with laws, rules and standards 468A.065
Furnishing copies of rules and standards to building permit issuing agencies 468A.070
Measurement and testing of contamination sources 468A.075
Variances from air contamination rules and standards 468A.080
Air and water pollution control permit for geothermal well drilling and operation 468A.085
Residential open burning of vegetative debris 468A.100
Definitions for ORS 468A.010 and 468A.100 to 468A.180 468A.105
Formation of regional air quality control authorities 468A.110
Waiver of population requirements 468A.115
Nature of authority 468A.120
Board of directors 468A.125
Board where population requirement waived 468A.130
Advisory committee 468A.135
Function of authority 468A.140
Assumption, retention and transfer of control over classes of air contamination sources 468A.145
Contract for commission to retain authority under ORS 468A.135 468A.150
Conduct of public hearings 468A.155
Rules authorizing regional permit programs 468A.160
Expansion or dissolution of authority 468A.165
Compliance with state standards required 468A.170
Payment of costs of services to authority by state 468A.175
State aid 468A.180
Payment of certain court costs not required 468A.183
Definitions 468A.185
Policy 468A.187
Natural and Working Lands Fund 468A.189
Allocations from Natural and Working Lands Fund 468A.191
Report to Legislative Assembly 468A.193
Net biological carbon sequestration and storage baseline 468A.195
Net biological carbon sequestration and storage inventory 468A.197
Advisory committee 468A.199
Consultation with federally recognized Indian tribes 468A.200
Legislative findings 468A.205
Policy 468A.210
Definitions for ORS 468A.200 to 468A.260 468A.215
Oregon Climate Action Commission 468A.220
Nonvoting members 468A.225
Meetings 468A.230
Rules 468A.235
Coordination of state and local efforts to reduce greenhouse gas emissions 468A.240
Recommendations 468A.245
Outreach strategy 468A.250
Mandate of Oregon Climate Action Commission 468A.255
Citizen advisory groups 468A.260
Report to Legislative Assembly 468A.265
Definitions 468A.266
Low carbon fuel standards 468A.268
Conditions for considering biodiesel as low carbon fuel 468A.271
Clean fuels program design requirements 468A.272
Fuel supply forecast 468A.273
Forecast deferral 468A.274
Emergency deferral 468A.276
Credit clearance markets 468A.277
Rules 468A.279
Motor vehicle pollution control systems 468A.280
Electricity 468A.290
Oregon Climate Corps 468A.292
Oregon Climate Corps Fund 468A.295
Community climate investment entity fees 468A.298
Community Climate Investment Oversight Account 468A.300
Definitions 468A.305
Purpose 468A.310
Federal operating permit program approval 468A.315
Emission fees for major sources 468A.320
Accountability for costs of program 468A.325
Priority of department work schedule 468A.327
Requirement for adoption, amendment or repeal of rules 468A.330
Small Business Stationary Source Technical and Environmental Compliance Assistance Program 468A.335
Definitions 468A.337
Individual air contamination source program 468A.339
Pilot program 468A.341
Clean Communities Fund 468A.343
Public meetings 468A.345
Fees 468A.350
Definitions for ORS 468A.350 to 468A.400 468A.355
Legislative findings 468A.360
Motor vehicle emission and noise standards 468A.363
Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 468A.365
Certification of motor vehicle pollution control systems and inspection of motor vehicles 468A.370
Cost-effective inspection program 468A.375
Notice to state agencies concerning certifications 468A.380
Licensing of personnel and equipment 468A.385
Determination of compliance of motor vehicles 468A.387
Operating schedules for testing stations 468A.390
Designation of areas of the state subject to motor vehicle emission inspection program 468A.395
Bond or letter of credit 468A.400
Fees 468A.405
Authority to limit motor vehicle operation and traffic 468A.410
Administration and enforcement of rules adopted under ORS 468A.405 468A.415
Legislative findings 468A.420
Oxygenated motor vehicle fuels 468A.455
Police enforcement 468A.460
Policy 468A.465
Certification requirements for new solid fuel burning devices 468A.467
Prohibition on burning certain materials in solid fuel burning devices 468A.485
Definitions for ORS 468A.460 to 468A.515 468A.490
Residential Solid Fuel Heating Air Quality Improvement Fund 468A.495
Prohibition on installation of used solid fuel burning devices 468A.500
Prohibition on sale of noncertified solid fuel burning devices 468A.505
Removal 468A.515
Residential solid fuel heating curtailment program requirements 468A.550
Definitions for ORS 468A.550 to 468A.620 and 468A.992 468A.555
Policy to reduce open field burning 468A.560
Applicability of open field burning, propane flaming and stack and pile burning statutes 468A.565
Use of certified alternative thermal field sanitizer 468A.570
Classification of atmospheric conditions 468A.575
Permits for open burning, propane flaming or stack or pile burning 468A.580
Permits 468A.585
Memorandum of understanding with State Department of Agriculture 468A.590
Duties of State Department of Agriculture 468A.595
Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620 468A.597
Duty to dispose of straw 468A.600
Standards of practice and performance 468A.605
Duties of Department of Environmental Quality 468A.610
Acreage permitted to be open burned, propane flamed or stack or pile burned 468A.612
Field burning prohibition in critical nonburn areas 468A.615
Registration of acreage to be burned 468A.620
Experimental field sanitization 468A.625
Definitions for ORS 468A.630 to 468A.645 468A.630
Legislative findings 468A.635
Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon 468A.640
Department program to reduce use of and recycle compounds 468A.645
State Fire Marshal 468A.650
Legislative findings 468A.655
Prohibition on sale or promotion 468A.660
Wholesale transactions permitted 468A.700
Definitions for ORS 468A.700 to 468A.760 468A.705
Legislative findings 468A.707
Asbestos abatement program 468A.710
License required for asbestos abatement project 468A.715
Licensed contractor required 468A.720
Qualifications for license 468A.725
Grounds for license suspension or revocation 468A.730
Worker certificate required 468A.735
Alternatives to protection requirements 468A.740
Accreditation requirements 468A.745
Rules 468A.750
Fee schedule 468A.755
Exemptions 468A.757
Residential asbestos surveys 468A.760
Content of bid advertisement 468A.775
Indoor air quality sampling 468A.780
Schedule of fees 468A.785
Pilot programs 468A.790
Memorandum of understanding with State Department of Agriculture 468A.793
Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions 468A.795
Definitions 468A.796
School buses 468A.797
Standards for certified cost of qualifying replacement, repower or retrofit 468A.799
Standards for qualifying replacements, repowers and retrofits 468A.801
Clean Diesel Engine Fund 468A.803
Uses of Clean Diesel Engine Fund 468A.805
Environmental Mitigation Trust Agreement moneys 468A.807
Rules 468A.810
Certification of approved retrofit technologies 468A.813
Voluntary emission control label program 468A.820
Community emission reduction credit banks 468A.830
Program for environmental and public health impacts of wildfire smoke 468A.833
Grants, contracts and agreements for community responses to wildfire smoke 468A.836
Program to support community monitoring of air quality conditions caused by wildfire smoke 468A.875
Plan for continuous monitoring or sampling of emissions 468A.880
Restriction on combustion of hospital, medical or infectious waste 468A.990
Penalties for air pollution offenses 468A.992
Civil penalties for open field burning violations

Current through early 2026

§ 468A.570. Classification of atmospheric conditions's source at oregon​.gov