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Oklahoma OAC 252:100-13, OPEN BURNING, SIP effective February 27, 2009 (OKd06) to September 2, 2019

Regulatory Text: 
Oklahoma Administrative Code.  Title 252.  Department of Environmental Quality 

Chapter 100.  Air Pollution Control (OAC 252:100)

SUBCHAPTER 13.  OPEN BURNING, SIP effective February 27, 2009 (OKd06) to September 2, 2019
As adopted in Oklahoma Register June 1, 2000 (17 Ok Reg 1889) effective June 12, 2000.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).

252:100-13-1.   Purpose, OKd06
252:100-13-2.   Definitions, OKd06
252:100-13-5.   Open burning prohibited, OKd06
252:100-13-7.   Allowed open burning, OKd06
252:100-13-8.   [RESERVED]
252:100-13-9.   General conditions and requirements for allowed open burning, OKd06
252:100-13-10.  Disaster relief, OKd06
252:100-13-11.  Responsibility for consequences of open burning, OKd06

252:100-13-1.  Purpose

     The purpose of this Subchapter is to control the open burning of refuse and other combustible materials.

252:100-13-2.  Definitions

     The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
     "Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass of the material burned or to be burned.
     "Domestic refuse" means combustible materials or refuse that normally result from the function of life at a residence, such as kitchen garbage, untreated lumber, cardboard boxes, packaging, clothing, grass, leaves, and branch trimmings.  It does not include such things as tires, non-wood construction debris, furniture, carpet, electrical wire, and appliances.
     "Land clearing operation" means the uprooting, cutting, or clearing of vegetation in preparation for the construction of buildings, the development of residential, commercial, agricultural, or industrial properties, and for the construction and maintenance of right-of-ways.  It does not include the clearing of vegetation such as trimmings, fallen limbs, branches, or leaves, or other wastes from routine property maintenance activities.
     "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.
     "Open-pit incinerator" means a device consisting of a pit (into which the material to be combusted is placed) and nozzles, pipes, and other appurtenances designed and arranged in a manner to deliver additional air and/or auxiliary fuel to, or near, the zone of combustion so that theoretically complete combustion is accomplished or approached.
     "Products of combustion" means all particulate and gaseous air contaminants emitted as a result of the burning of refuse and combustible materials.
     "Refuse" means garbage, rubbish, domestic refuse and all other wastes generated by a trade, business, industry, building operation, or household.

252:100-13-5.  Open burning prohibited

     The open burning of refuse and combustible materials is prohibited unless conducted in strict accordance with the conditions and requirements contained in 252:100-13-7 and 252:100-13-9.  Under no circumstances shall the open burning of tires be allowed.

252:100-13-7.  Allowed open burning

     (a)  Fire training.  Open burning is allowed for fires purposely set for the instruction and training of public and industrial fire-fighting personnel, provided that authorization has been requested from the local fire chief at least ten working days prior to any burning or that written authorization has been received prior to such burning.  The DEQ may require written verification of the authorization from the local fire chief or fire training officer.

     (b)  Elimination of hazards.  Provided prior authorization is obtained from the local fire chief, open burning is allowed for the elimination of:
          (1)  A fire hazard that cannot be abated by any other means.
          (2)  A dangerous or hazardous material when there is no other practical or lawful method of abatement or disposal if authorization is also received from the DEQ prior to such burning.

     (c)  Recreational and ceremonial fires.  Open burning is allowed for camp fires and other fires used solely for recreational purposes, ceremonial occasions, or non-commercial preparation of food.

     (d)  Land management and land clearing operations.  Open burning is allowed for the following land management and land clearing operations.
          (1)  Fires purposely set to forest, crop or range lands for a specific reason in the management of forests, crops or game, in accordance with practices recommended by the Oklahoma Department of Wildlife Conservation, the Oklahoma State Department of Agriculture, and the United States Forest Service.
          (2)  Fires purposely set for land clearing operations if conducted at least 500 feet upwind of any occupied residence other than those located on the property on which the burning is conducted, except that such burning must be conducted in open-pit incinerators in counties or areas that are or have been designated nonattainment.

     (e)  Burning of domestic refuse.  Where no collection and disposal service is reasonably available, domestic refuse may be burned on the property where the waste is generated.

     (f)  Hydrocarbon burning.  Open burning of hydrocarbons is allowed for:
          (1)  The disposal of spilled hydrocarbons or the waste products of oil exploration, development, refining or processing operations which cannot be feasibly recovered or otherwise disposed of in a legal manner.  Notice must be given to the DEQ prior to such burning.
          (2)  The disposal of waste hydrocarbons through a flare.  The owner or operator shall be required to use a smokeless flare if a condition of air pollution is determined to exist by the DEQ.

     (g)  Open-pit incinerator.  Except for hazardous material, any combustible material or refuse that is allowed to be burned under this Subchapter may be burned in an open-pit incinerator that is properly designed and operated for the control of smoke and particulate matter.  The owner or operator of the open-pit incinerator shall not accept any material owned by other persons and shall not transport any material to the property where the open-pit incinerator is located in order to burn the material.

252:100-13-8.  [RESERVED]

252:100-13-9.  General conditions and requirements for allowed open burning

     The open burning of refuse and other combustible material may be conducted as allowed in this Subchapter only if the following conditions and requirements are met:
          (1)  No public nuisance is or will be created.
          (2)  The burning is controlled so that a traffic hazard is not created as a result of the air contaminants being emitted.
          (3)  The burning is conducted so that the contaminants do not adversely affect the ambient air quality of a city or town.
          (4)  The initial burning shall begin only between three hours after sunrise and three hours before sunset and additional fuel shall not be intentionally added to the fire at times outside these limits.  This requirement does not apply to the open burning allowed under 252:100-13-7(a), (b), (c), and (d)(1).

252:100-13-10.  Disaster relief

     Notwithstanding the prohibition in 252:100-13-5, the Executive Director of the DEQ may allow the open burning of debris resulting from a disaster if the Director determines such burning is necessary to protect public health and safety.  Such approval, if granted, shall be accompanied by appropriate guidelines for burning the debris.

252:100-13-11.  Responsibility for consequences of open burning

     Persons who conduct open burning in accordance with the provisions of this Subchapter are not exempt or excused from the consequences, damages, or injuries that may result from such conduct, nor are they exempt or excused from complying with all applicable laws, ordinances, rules, and orders.