OAR 629-048-0180: Communication, Community Response Plans, and Exemption Requests

(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 recommend communities that are SSRAs and have experienced repeated smoke incidents and/or intrusions in the past collaboratively develop a community response plan and 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) The community response plan should 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 communities that 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.