Regulatory Text:
SUBCHAPTER 13.  PROHIBITION OF OPEN BURNING

(As approved by EPA 11/03/1999 (64 FR 59629) at 52.1920(c)(48) effective 01/03/2000.)

Outline
252:100-13-1.  Purpose
252:100-13-2.  Definitions
252:100-13-3.  Scope
252:100-13-4.  Effective date
252:100-13-5.  Open burning prohibited
252:100-13-6.  Salvage operations utilizing open burning prohibited
252:100-13-7.  Permissible open burning


252:100-13-1.  Purpose

     This Subchapter is for the purpose of preventing, abating, and controlling air pollution resulting from air contaminants released in 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.
     "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, and all other wastes generated by a trade, business, industry, building operation, or household.

252:100-13-3.  Scope

     This Subchapter shall apply to all operations involving open burning except those specifically exempted by 252:100-13-7.

252:100-13-4.  Effective date

     The effective date of this Subchapter shall be January 1, 1971.

252:100-13-5.  Open burning prohibited

     No person shall cause, suffer, allow, or permit open burning of refuse and other combustible material except as may be allowed in compliance with OAC 252:100-13-7.

252:100-13-6.  Salvage operations utilizing open burning prohibited

     No person shall cause, suffer, allow, or permit open burning of combustible material in connection with the salvage of motor vehicles, tires, oil and similar substances, containers, coated or painted wire and metals, and other materials.

252:100-13-7.  Permissible open burning

     The open burning of refuse and other combustible material may be conducted as specified in the paragraphs set forth below if no public nuisance is or will be created and if the burning is not prohibited by, and is conducted in compliance with, other applicable laws and the ordinances, rules, and orders of governmental entities having jurisdiction, including air pollution control ordinances, rules, and orders.  The authority to conduct open burning under the provisions of this Section does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct nor does it excuse or exempt any person from complying with all applicable laws, ordinances, rules, and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this Section.
     (1)  Fires purposely set for the instruction and training of public and industrial fire-fighting personnel when authorized by the appropriate governmental entity.
     (2)  Fires set for the elimination of a fire hazard which cannot be abated by any other means when authorized by the appropriate governmental entity.
     (3)  Fires set for the removal of dangerous or hazardous material where there is no other practical or lawful method of disposal upon approval of the  Director of Air Quality  Division.
     (4)  Camp fires and other fires used solely for recreational purposes, for ceremonial occasions, or for outdoor non-commercial preparation of food.
     (5)  Fires purposely set to forest or range lands for a specific reason in the management of forests 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.
     (6)  The burning of trees, brush, grass, and other vegetable matter in the clearing of land, right-of-way maintenance operations, and agricultural crop burning if the following conditions are met:
          (A)  prevailing winds at the time of the burning must be away from any city or town, the ambient air of which may be affected by air contaminants from the burning;
          (B)  the location of the burning must not be adjacent (500 ft. upwind) to an occupied residence other than those located on the property on which the burning is conducted;
          (C)  care must be used to minimize the amount of dirt on the material being burned;
          (D)  oils, rubber, and other similar materials which produce unreasonable amounts of air contaminants may not be burned;
          (E)  the initial burning may begin only between three hours after sunrise and three hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated above; and,
          (F)  the burning must be controlled so that a traffic hazard is not created as a result of the air contaminants being emitted.
     (7)  Where no collection and disposal service is available, the burning of refuse and other combustible materials generated in the operation of a domestic household if the following conditions are met:
          (A)  the material to be burned must not be the combined waste from a building designed to accommodate more than three such households;
          (B)  the burning must be conducted on the property on which the waste is generated; and,
          (C)  the initial burning may begin only between three hours after sunrise and three hours before sunset and additional fuel many not be intentionally added to the fire at times outside the limits stated.
     (8)  The burning of hydrocarbons which are spilled or lost as a result of pipeline breaks or other accidents involving the transportation of such materials or which are generated as wastes as the result of oil exploration, development, refining, or processing operations if the following conditions are met:
          (A)  the material cannot be practicably recovered or otherwise lawfully disposed of in some other manner;
          (B)  the burning must not be conducted within a city or town or in such proximity thereto that the ambient air of such city or town may be affected by the air contaminants being emitted;
          (C)  the initial burning may begin only between three hours after sunrise and three hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated above; and,
          (D)  the burning must be controlled so that a traffic hazard is not created as the result of the air contaminants being emitted.
     (9)  The burning of any combustible material in an open-pit incinerator which has been properly designed and which is properly operated for the control of smoke and particulate matter.
     (10)  The burning of hydrocarbons, which must be wasted, through the use of smokeless atmospheric flares if after investigation a condition of air pollution exists.