(1) In such areas of the state and for such periods of time as it considers necessary to carry out the policy of ORS 468A.010, the Environmental Quality Commission by rule may prohibit, restrict or limit classes, types and extent and amount of burning for perennial grass seed crops, annual grass seed crops and grain crops.
(2) Before promulgating rules pursuant to subsection (1) of this section, the commission may consult with Oregon State University, the United States Natural Resources Conservation Service, or its successor agency, the Agricultural Stabilization Commission, the state Soil and Water Conservation Commission and other interested agencies. The Department of Environmental Quality shall advise the commission in the promulgation of such rules. The commission must review and show on the record the recommendations of the department in promulgating such rules.
(3) No regional air quality control authority shall have authority to regulate burning of perennial grass seed crops, annual grass seed crops and grain crops.
(4) Any amendments to the State Implementation Plan prepared by the state pursuant to the federal Clean Air Act, 42 U.S.C. 7401 et seq., as in effect on July 14, 2009, shall be at least of such sufficiency as to gain approval of the amendment by the United States Environmental Protection Agency. [Formerly 468.460; 1997 c.249 §163; 2009 c.692 §5]