Item D: Options to Address Field Burning

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1. Request reconsideration of the Oregon Environmental Quality Commission’s decision not to issue a moratorium on field burning for the 2007 and 2008 burn seasons. On September 20, 2007, a group of field burning opponents met to discuss the DEQ’s decision and possible next steps, including a lawsuit. In attendance were Rep. Holvey, Rep. Barnhart, Mayor Piercy, Councilor Bettman, the IGR Manager for Lane County, the IGR Manager for the City of Eugene, WELC staff members, the Director of the Oregon Toxics Alliance, and Dr. Robert Carolan. The groups discussed the option of submitting a Request for Reconsideration to the EQC, asking it to reconsider its decision. Although this was an option at the time, it is now too late to make this request. The consensus of the group who met in September felt the EQC would not change their decision upon a Request for Reconsideration. 2. Wait for the results of the study proposed by Oregon State University (OSU) to study the health effects of field burning. In August, in response to Lane County and the City’s request to issue a moratorium on field burning, the EQC directed Department of Environmental Quality (DEQ) staff to request $94,000 from the legislature to conduct a study of the effects of field burning on humans and possible alternatives to field burning. OSU stepped forward offering to conduct the studies with the funds coming from the burn fees paid by the seed farmers. OSU has proposed to use existing data on smoke concentrations and health effects to assess the risk that field burning poses to people. It proposed to calculate the odds for cancer and non-cancerous health problems such as lung irritation and illness. 3. Work with the seed growers to develop alternatives to voluntarily reduce or eliminate field burning. Over the summer, Commissioners Fleenor and Sorenson went on a field trip to two grass seed farms, one from Lane County and one from Linn County. The Lane County farmer stated he is the only grass seed grower to burn in Lane County. Both he and the Linn County farmer claimed they only burn on Class 4 soil. After this trip, it appears that the Board of Commissioners’ interest in pursuing a lawsuit waned. In late fall, the Oregon Seed Growers Association (OSGA) contacted Lane County and City of Eugene staff to relay the Seed Growers’ interest in pursuing the use of grass straw for renewable energy production. The OSGA has been discussing market-driven options, and believe that using grass straw as a value-added product for renewable energy production would provide an economically viable outlet for annual ryegrass straw and would allow the seed growers to reduce the amount of actual field burning in our region by as much as 50%. Lane County has formed a biomass work group to identify economic uses for local biomass, including grass straw, as a value added product for renewable energy production. 4. Participate in a lawsuit. WELC has asked that Lane County and the City of Eugene join as plaintiffs in a lawsuit against the seed growers, asking for an injunction against field burning, with a possibility of naming the State as a defendant. WELC believes that a lawsuit would provide the greatest opportunity to resolve this issue, either through providing the “hammer” necessary to get the seed growers to negotiate a significant reduction of field burning, or by obtaining a permanent injunction. L:\CMO\2008 Council Agendas\M080220\S080220D.doc