(a)What is the purpose of this section? This section establishes a permitting program for open burning within the Indian reservation to control emissions of particulate matter and other noxious fumes to the atmosphere and ground-level concentrations of particulate matter.
(b)Who is affected by this section? This section applies to any person who conducts open burning.
(c)What is exempted from this section? The following open fires are exempted from this section:
(1) Outdoor fires set for cultural or traditional purposes;
(2) Fires set for cultural or traditional purposes within structures such as sweat houses or lodges;
(3) Fires set for recreational purposes, provided that no prohibited materials are burned;
(4) Forestry and silvicultural burning; and
(5) Agricultural burning.
(d)What are the requirements for open burning?
(1) A person must apply for and obtain a permit for the open burn, have the permit available on-site during the open burn, and conduct the open burning in accordance with the terms and conditions of the permit.
(2) The date after which a person must apply for and obtain a permit under this section is identified in the implementation plan in subpart M of this part for the specific reservation where this section applies.
(3) A person must comply with the § 49.131 General rule for open burning or the EPA-approved Tribal open burning rule, as applicable.
(4) Nothing in this section exempts or excuses any person from complying with any applicable laws and ordinances of local fire departments or other governmental jurisdictions.
(e)Are there additional requirements that must be met?
(1) A person subject to this section must submit an application to the Regional Administrator for each proposed open burn. An application must be submitted in writing at least one working day, and no earlier than five working days, prior to the requested date that the burn would be conducted, and must contain, at a minimum, the following information:
(i) Street address of the property upon that the proposed open burning will occur, or if there is no street address of the property, the legal description of the property.
(ii) Name, mailing address, and telephone number of the person who will be responsible for conducting the proposed open burning.
(iii) A plot plan showing the location of the proposed open burning in relation to the property lines and indicating the distances and directions of the nearest residential and commercial properties.
(iv) The type and quantity of materials proposed to be burned, including the estimated volume of material to be burned and the area over which burning will be conducted.
(v) A description of the measures that will be taken to prevent escaped burns, including but not limited to the availability of water.
(vi) The requested date when the proposed open burning would be conducted and the duration of the burn if it is more than one day.
(vii) Any other information specifically requested by the Regional Administrator.
(2) If the proposed open burning is consistent with this section and § 49.131 General rule for open burning, or the EPA-approved Tribal open burning rule, the Regional Administrator may issue a burn permit. The permit will authorize burning only for the requested date(s) and will include any conditions that the Regional Administrator determines are necessary to ensure compliance with this section, § 49.131 General rule for open burning or the EPA-approved Tribal open burning rule, and to protect the public health and welfare.
(3) When reviewing an application, the Regional Administrator will take into consideration relevant factors including, but not limited to, the size, duration, and location of the proposed open burn, the current and projected air quality conditions, the forecasted meteorological conditions, and other scheduled burning activities in the surrounding area. Where the Regional Administrator determines that the proposed open burning can be conducted without causing an adverse impact on air quality, a permit may be issued.
(4) The Regional Administrator, to the extent practical, will coordinate the issuance of open burning permits with the open burning permit programs of surrounding jurisdictions.
(f)Definitions of terms used in this section. The following terms that are used in this section are defined in § 49.123 General provisions: Agricultural burning, air pollutant, ambient air, emission, forestry or silvicultural burning, open burning, particulate matter, PM10, PM2.5, Regional Administrator, stack, and uncombined water.
Title 40 published on 2013-07-01
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