TITLE 326 AIR POLLUTION CONTROL BOARD
Final Rule
LSA Document #05-268(F)
DIGEST
Amends 326 IAC 4-1-3 to provide open burning exemptions for specified purposes. Effective 30 days after filing with the Publisher.
First Notice of Comment Period: October 1, 2005, Indiana Register (29 IR 151).
Second Notice of Comment Period: May 1, 2006, Indiana Register (29 IR 2679).
Notice of First Hearing: May 1, 2006, Indiana Register (29 IR 2683).
Date of First Hearing: August 2, 2006.
Date of Second Hearing: October 19, 2006.
Authority: IC 13-15-2-1; IC 13-17-3-4
Sec. 3. (a) IC 13-1-1.2 IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows:
(1) A person may open burn the following:
(A) Vegetation from any of the following:
(i) A farm.
(ii) An orchard.
(iii) A nursery.
(iv) A tree farm. or
(v) A cemetery.
(v) (vi) A drainage ditch.
(vii) Agricultural land, if the open burn occurs in an unincorporated area.
(B) Wood products derived from the following:
(i) Pruning or clearing a roadside by a county highway department.
(C) Wood products derived from (ii) The initial clearing of a public utility right-of-way so long as the open burn occurs in an unincorporated area.
(D) (C) Undesirable:
(i) wood structures on real property; or
(ii) wood remnants of the demolition of a predominantly wooden structure originally located on real property;
located in an unincorporated area.
(E) (D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way, but not including railroad ties.
(2) All open burning that is allowed under this subsection must comply with the following conditions:
(A) A person who open burns shall extinguish the fire if the fire creates a nuisance or fire hazard.
(B) Burning may not be conducted during unfavorable meteorological conditions such as any of the following:
(i) High winds.
(ii) Temperature inversions. or
(iii) Air stagnation.
(C) All fires must be attended at all times during burning until completely extinguished.
(D) All asbestos-containing materials must be removed before the burning of a structure.
(E) Asbestos containing materials may not be burned.
(b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the following conditions apply to any fire allowed by this subsection:
(1) Fires must be attended at all times and until completely extinguished.
(2) If at any time a fire creates a:
(A) a pollution problem;
(B) a threat to public health;
(C) a nuisance; or
(D) a fire hazard;
it shall be extinguished.
(3) No burning shall be conducted during unfavorable meteorological conditions such as any of the following:
(A) High winds.
(B) Temperature inversions. or
(C) Air stagnation. or
(B) (D) When a pollution alert or ozone action day has been declared.
(4) All burning shall comply with other federal, state, and local laws, rules, and ordinances.
(5) Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.
(6) Burning shall be conducted during daylight hours only, and all fires shall be extinguished prior to before sunset.
(c) The following types of fires are allowed:
(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes, such as camp fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:
(A) Only:
(i) clean wood products;
(ii) paper;
(iii) charcoal; or
(iv) clean petroleum products;
may be burned.
(B) The local fire department and health department must be notified at least twenty-four (24) hours prior to before any burning where the size of the pile being burned is more than one hundred twenty-five (125) cubic feet.
(C) Fires shall:
(i) not be ignited prior to more than two (2) hours before the recreational activity is to take place; and shall
(ii) be extinguished upon conclusion of the activity.
(D) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile may be burned at a time.
(E) The fires shall not be used for disposal purposes.
(F) Fires shall not take place within five hundred (500) feet of any fuel storage area or pipeline.
(2) Private residential burning, where the building contains four (4) or fewer dwelling units. Burning is prohibited in apartment and condominium complexes and mobile home parks. Beginning June 23, 1995, residential open burning is prohibited in the counties listed in section 4.1(c) of this rule. Burning shall be subject to the conditions in subsection (b) and the following conditions:
(A) Burning shall be in a noncombustible container that: is:
(i) is sufficiently vented to induce adequate primary combustion; and
(ii) has enclosed sides and a bottom.
(B) Only clean wood products and paper may be burned.
(3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has been collected in a properly constructed and located burn off pit as prescribed in 310 IAC 7-1-37(a) 312 IAC 16-5-11 in the department of natural resources (DNR) commission rules. oil and gas operations. Burning shall be subject to the conditions in subsection (b) and the following conditions:
(A) Each oil pit may be burned once every two (2) months.
(B) The fire must be extinguished within thirty (30) minutes of ignition.
(4) Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR controlled properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department of Agriculture, Forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural area management, ecosystem management, and fire-fighting or prevention. Burning shall be subject to conditions in subsection (b)(1) through (b)(5) and the following conditions:
(A) If the fire creates a:
(i) nuisance;
(ii) fire hazard; or
(iii) pollution problem;
it shall be extinguished.
(B) No burning shall be conducted during unfavorable meteorological conditions, such as any of the following:
(i) High winds.
(ii) Temperature inversions. or
(iii) Air stagnation. or
(iv) When a pollution alert or ozone action day has been declared.
(C) Only vegetation and clean petroleum products may be burned.
Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in subsection (b) or this subdivision.
(5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be subject to the conditions in subsection (b) and only clean petroleum products shall be used for ignition purposes.
(6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning shall be subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:
(A) Burning shall only occur between October 1 and May 15.
(B) Burning shall not be conducted for the purpose of disposal.
(7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing an existing fire. Such burning is not subject to the conditions in subsection (b).
(8) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training, subject to the conditions in subsection (b) and the following conditions:
(A) The local fire department and health department must be notified at least twenty-four (24) hours in advance of the date, time, and location of the burning.
(B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one (1) of the following:
(i) Fourteen (14) gallons of clean petroleum products.
(ii) Two hundred twelve (212) gallons of propane.
(iii) Twenty-nine thousand seven hundred (29,700) cubic feet of natural gas or methane.
(C) A combination of the fuels listed in clause (B) may be burned each day. The amount of each fuel that can be burned each day shall be determined as follows:
(i) The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum volume allowed in clause (B) for that fuel.
(ii) The sum of the percentages for each fuel burned each day shall not
exceed one hundred percent (100%).
(B) (D) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that has enclosed on all sides with and a bottom.
(C) A total of no more than fourteen (14) gallons of fuel may be burned per day.
(D) Only one (1) fire may be allowed to burn at a time.
(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or uncontrolled spread of the fire.
(F) Only one (1) fire may be allowed to burn at a time.
Hearing Held: October 19, 2006
Approved by Attorney General: March 13, 2007
Approved by Governor: March 21, 2007
Filed with Publisher: March 21, 2007, 2:48 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Sandra El-Yusuf, IDEM Compliance and Technical Assistance Program, OPPTA - MC60-04, 100 North Senate Avenue, W-041, Indianapolis, IN 46204-2251, (317) 232-8578, selyusuf@idem.in.gov
Small Business Assistance Program Ombudsman: Eric Levenhagen, IDEM Small Business Assistance, Program Ombudsman, External Affairs - MC50-01, 100 North Senate Avenue, IGCN 1301, Indianapolis, IN 46204-2251, (317) 234-3386, elevenha@idem.in.gov
Posted: 04/18/2007 by Legislative Services Agency
DIN: 20070418-IR-326050268FRA
Composed: Apr 29,2024 10:00:00PM EDT
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