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

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

SUBCHAPTER 13.  OPEN BURNING,
As approved by EPA August 1, 2019 (84 FR37579), SIP effective September 3, 2019 (OKd27),
Regulations.gov docket EPA-R06-OAR-2017-0145.

Sections:
252:100-13-1.   Purpose, OKd06
252:100-13-2.   Definitions, OKd27
252:100-13-5.   Open burning prohibited, OKd06
252:100-13-7.   Allowed open burning, OKd27
252:100-13-8.   Use of air curtain incinerators, OKd27
252:100-13-9.   General conditions and requirements for allowed open burning, OKd27
252:100-13-10.  Disaster relief, OKd06
252:100-13-11.  Responsibility for consequences of open burning, OKd06

252:100-13-1.  Purpose, SIP effective February 27, 2009 (OKd06)
As adopted in Oklahoma Register June 1, 2000 (17 Ok Reg 1889) effective June 12, 2000.
Regulations.gov document EPA-R06-OAR-2006-0389-0008 [OK005.08] pages 16 to 19.
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).

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

252:100-13-2. Definitions, SIP effective September 3, 2019 (OKd27)
As adopted in Oklahoma Register r June 17, 2013 (30 OkReg 1076) effective July 1, 2013. 
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2017-0145-0003 [OK028.03] page 309.
Approved by EPA August 1, 2019 (84 FR 37579) SIP effective September 3, 2019 (OKd27),
Regulations.gov docket EPA-R06-OAR-2017-0145 [OK028].
Error in Federal Register amendatory language: On page 84 FR 37585, the
title of section 252:100-13-2 should be "Definitions" NOT "Purpose".

     The following words and terms, when used in this Subchapter,
shall have the following meaning, unless the context
clearly indicates otherwise:
     "Air curtain incinerator," "air curtain destructor," or
"open pit incinerator" means an incineration unit operating
by forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench
(trench burner) in which combustion occurs.
     "Clean lumber" means wood or wood products that have
been cut or shaped and include wet, air-dried, and kiln-dried
wood products. Clean lumber does not include wood products
that have been painted, pigment-stained, or pressure-treated by
compounds such as chromate copper arsenate, pentachlorophenol,
and creosote, or manufactured wood products that contain
adhesives or resins (e.g., plywood, particle board, flake board,
and oriented strand board).
     "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.
     "Fire training" means a fire purposely set as part of an
organized program of drills for the training of firefighting
personnel or for testing firefighting materials or equipment,
which is part of a recognized training program.
     "Human-made structure" means any structure constructed
with the intent of providing shelter to persons or
property. It does not include structures constructed specifically
for live-burn fire training purposes.
     "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, or the removal or destruction of human-made structures.
     "Metropolitan Statistical Area" or "MSA" means a
core area containing a substantial population nucleus, together
with adjacent communities having a high degree of economic
and social integration with that core, as defined by the federal
Office of Management and Budget.
     "Open burning" means the burning of combustible materials
in such a manner that the products of combustion are emitted
directly to the outside atmosphere.
     "Ozone Watch" means an announcement by the DEO
that the ozone concentrations in the watch area are forecasted
to exceed the National Ambient Air Quality Standard. The
Ozone Watch applies to the day following the announcement.
     "Particulate Matter Watch," or "PM Watch" means an
announcement by the DEO that the particulate matter concentrations
in the watch area are forecasted to exceed the National
Ambient Air Quality Standard. The PM Watch applies to the
day following the announcement.
     "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.
      "Wood waste" means untreated wood and untreated
wood products, including tree stumps (whole or chipped),
trees, tree limbs (whole or chipped), bark, sawdust, chips,
scraps, slabs, millings, and shavings. Wood waste does not
include:
          (A)  Grass, grass clippings, bushes, shrubs and
clippings from bushes and shrubs from residential,
commercial/retail institutional, or industrial sources as
part of maintaining yards or other private or public lands.
          (B)  Construction, renovation, or demolition wastes.
          (C)  Clean lumber.
          (D)  Treated wood and treated wood products, including
wood products that have been painted, pigment-stained, or pressure
treated by compounds such as chromate copper arsenate,
pentachlorophenol, and creosote, or manufactured wood products
that contain adhesives or resins (e.g., plywood, particle board,
flake board, and oriented strand board).
     "Yard brush" means cut or broken branches, leaves,
limbs, shrubbery, or tree trimmings. It does not include refuse,
grass clippings, in-ground tree stumps, or any non-vegetative
material

***End 252:100-13-02 SIP effective 9-3-2019***OKd27***OK028***z8w***

252:100-13-5.  Open burning prohibited, SIP effective February 27, 2009 (OKd06)
As adopted in Oklahoma Register June 1, 2000 (17 Ok Reg 1889) effective June 12, 2000.
Regulations.gov document EPA-R06-OAR-2006-0389-0008 [OK005.08] pages 16 to 19.
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).

     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, SIP effective September 3, 2019 (OKd27)
As adopted in Oklahoma Register June 17, 2013 (30 OkReg 1076) effective July 1, 2013. 
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2017-0145-0003 [OK028.03] page 310.
Approved by EPA August 1, 2019 (84 FR 37579) SIP effective September 3, 2019 (OKd27),
Regulations.gov docket EPA-R06-OAR-2017-0145 [OK028].

     When not prohibited by law or ordinance, the following
types of burning are allowed, provided the conditions and
requirements in OAC 252:100-13-9 have been met:
     (1)  Fire training. Open burning of human-made structures
for the purpose of municipal fire department training
is allowed as provided for in the Oklahoma Clean Air Act,
27A O.S., Section 2-5-106.1. Industrial and commercial
facilities and fire training schools may conduct
on-site live burn fire training.
     (2)  Elimination of hazards. Provided prior authorization
is obtained from the local fire chief, open burning is allowed
for the elimination of:
          (A)  A fire hazard that cannot be abated by any other means.
          (B)  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.
     (3)  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.
     (4)  Land management and land clearing operations.
Open burning is allowed for the following land
management and land clearing operations:
          (A)  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 Department
of Agriculture, Food, and Forestry, and the
United States Forest Service.
          (B)  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. Such burning shall be
conducted using an air curtain incinerator in counties or
areas that are or have been designated nonattainment,
or in the two MSAs with a population of greater than
nine hundred thousand. The Oklahoma City MSA
consists of Canadian, Cleveland, Grady, Lincoln,
Logan, McClain, and Oklahoma Counties. The Tulsa
MSA consists of Creek, Okmulgee, Osage, Pawnee,
Rogers, Tulsa, and Wagoner Counties.
     (5)  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.
     (6)  Hydrocarbon burning. Open burning of hydrocarbons
is allowed for:
          (A)  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.
          (B)  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.
     (7)  Yard brush. Yard brush may be burned on the
property where the waste is generated.

***End 252:100-13-07 SIP effective 9-3-2019***OKd27***OK028***z8v***
 

252:100-13-8. Use of air curtain incinerators, SIP effective September 3, 2019 (OKd27)
Adopted in Oklahoma Register June 17, 2013 (30 OkReg 1076) effective July 1, 2013. 
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2017-0145-0003 [OK028.03] page 311.
Approved by EPA August 1, 2019 (84 FR 37579) SIP effective September 3, 2019 (OKd27),
Regulations.gov docket EPA-R06-OAR-2017-0145 [OK028].

     Except for hazardous material, any combustible material
or refuse that is allowed to be burned under this Chapter may
be burned in an air curtain incinerator that is properly designed
and operated for the control of smoke and particulate matter.
The owner or operator of an air curtain incinerator shall not
accept any material owned by other persons and shall not transport
any material to the property where the air curtain incinerator
is located in order to burn the material, except as provided
in OAC 252:100-13-8(1).
     (1)  The owner or operator of the air curtain incinerator
may accept and/or transport:
          (A}  100 percent wood waste.
          (B}  100 percent clean lumber, or
          (C)  100 percent mixture of wood waste and clean lumber.
     (2)  In addition to the requirements in this subchapter,
the owner or operator of the air curtain incinerator must
comply with the requirements of OAC 252:100-17 and 40 CFR Part 60.

**End 252:100-13-08 SIP effective 9-3-2019***OKd27***OK028***z8v***

252:100-13-9. General conditions and requirements for allowed open burning,
SIP effective September 3, 2019 (OKd27)
As adopted in Oklahoma Register June 17, 2013 (30 OkReg 1076) effective July 1, 2013. 
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2017-0145-0003 [OK028.03] page 311.
Approved by EPA August 1, 2019 (84 FR 37579) SIP effective September 3, 2019 (OKd27),
Regulations.gov docket EPA-R06-OAR-2017-0145 [OK028].

     The open burning of refuse and other combustible material
may be conducted 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 visibility hazard
is not created on any roadway, rail track or air field 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
OAC 252:100-13-7(2), (3), (4)(A), (6)(B), and 252:100-13-8.
     (5)  An Ozone or PM Watch has not been declared for
the day of the burn for the MSA or county in which the
burn is to be performed. This requirement does not apply
to the open burning allowed under 252:100-13-7(2), (3), and (6)(B).

***End 252:100-13-09 SIP effective 9-3-2019***OKd27***OK028***z8v***

252:100-13-10.  Disaster relief, SIP effective February 27, 2009 (OKd06)
As adopted in Oklahoma Register June 1, 2000 (17 Ok Reg 1889) effective June 12, 2000.
Regulations.gov document EPA-R06-OAR-2006-0389-0008 [OK005.08] pages 16 to 19.
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).

     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, SIP effective February 27, 2009 (OKd06)
As adopted in Oklahoma Register June 1, 2000 (17 Ok Reg 1889) effective June 12, 2000.
Regulations.gov document EPA-R06-OAR-2006-0389-0008 [OK005.08] pages 16 to 19.
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).

     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.

***End 252:100-13 Open Burning, SIP effective 9-3-2019***OKd27***OK028***z8v***