401 KAR 63:005 - Open burning
RELATES TO: KRS 149.400, 224.10-100, 224.20-100, 224.20-110, 224.20-120, 42 U.S.C. 7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection
Section 1.
Definitions.
(1) "Clean lumber" means wood or
wood products that have been cut or shaped and includes wet, air-dried, and
kiln-dried wood products and does not include commercial or industrial waste or
wood products that have been painted, pigment-stained, or pressure-treated
using any hazardous or toxic compounds.
(2) "Fire training" means the instruction of
industrial, public and private firefighters conducted in accordance with safety
standards and procedures as accepted by the Kentucky State Fire Marshal, the
Kentucky Fire Commission or the National Wildfire Coordinating Group.
(3) "Garbage" means putrescible animal and
vegetable matter accumulated in the course of ordinary day-to-day
living.
(4) "Household rubbish"
means waste material and trash normally accumulated by a family in a residence
in the course of ordinary day-to-day living, except for garbage, cans, glass,
plastic, or other potentially hazardous waste materials.
(5) "Land clearing" means clearing of land
for agricultural, residential, industrial, or commercial development purposes,
including the construction of roads.
(6) "Open burning" means the burning of any
matter without a burn chamber approved by the Kentucky Division for Air
Quality, or without a stack or chimney with control devices approved by the
Kentucky Division for Air Quality.
(7) "Priority I Region" means a region
classified as Priority I in
401 KAR
50:020, Appendix A.
(8) "Recognized agricultural, silvicultural,
range, ecological, or wildlife management practices" means burning recognized
by the Kentucky Department of Agriculture, the United States Department of
Agriculture, the Kentucky Division of Forestry, the United States Forest
Service, the Kentucky Department of Fish and Wildlife, the Kentucky State
Nature Preserves Commission, or the United States Fish and Wildlife Service as
necessary to promote cultivation of crops, range, and forest lands, weed and
understory abatement and pest control and prevention.
(9) "Wood waste" means untreated wood and
untreated wood products, including tree stumps (whole or chipped), felled
trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs,
millings and shavings. Wood waste does not include:
(a) Yard waste;
(b) Construction , renovation, or demolition
wastes; or
(c) Clean
lumber.
(10) "Yard waste"
means grass, grass clippings, bushes, shrubs, and clippings from bushes and
shrubs, which come from residential, commercial, retail, institutional, or
industrial sources as part of maintaining yards or other private or public
lands. Yard waste does not include:
(a)
Construction , renovation, and demolition wastes; or
(b) Clean lumber.
Section 2. Applicability. This
administrative regulation shall apply to all open burning that is not subject
to another administrative regulation in 401 KAR Chapters 50 to 65.
Section 3. Prohibition of Open Burning.
Except as provided in Sections 4 and 5 of this administrative regulation, open
burning shall be prohibited.
Section
4. Allowable Open Burning. Subject to the limitations contained in
this section and the restrictions contained in Section 5 of this administrative
regulation, open burning shall be allowed for:
(1) Fires set for the cooking of food for
human consumption;
(2) Fires set
for recreational or ceremonial purposes;
(3) Small fires set by construction and other
workers for comfort heating purposes if:
(a)
The ambient temperature is below fifty (50) degrees Fahrenheit;
(b) Excessive or unusual smoke is not
created;
(c) Only clean lumber or
vegetative matter is burned; and
(d) The fire is burned in a container not
exceeding fifty-five (55) gallons in size;
(4) Fires set for the purpose of weed
abatement, disease, and pest prevention;
(5) Fires set for prevention of a fire
hazard, including the disposal of dangerous materials if no safe alternative is
available;
(6) Fires set for the
purpose of instruction and training of public and industrial employees in the
methods of fighting fires as set forth in Section 6 of this administrative
regulation;
(7) Fires set for
recognized agricultural, silvicultural, range, ecological, and wildlife
management practices;
(8) Fires set
by individual homeowners for burning of leaves except in cities greater than
8,000 population located in a Priority I Region;
(9) Fires for disposal of household rubbish,
which shall not include garbage, originating at dwellings of five (5) family
units or less, if the fires are maintained by an occupant of the dwelling at
the dwelling, except in cities greater than 8,000 population located in a
Priority I Region;
(10) Fires set
for the purpose of disposing of accidental spills or leaks of crude oil,
petroleum products or other organic materials, and the disposal of absorbent
material used in their removal, if no other economically feasible means of
disposal is available and practical. Permission shall be obtained from the
cabinet prior to burning;
(11)
Fires set for disposal of natural growth for land clearing and maintenance, and
trees and tree limbs felled by storms if no extraneous materials, such as tires
or heavy oil which tend to produce dense smoke, are used to cause ignition or
aid combustion and the burning is done on days when conditions do not pose a
threat of igniting a forest fire. In regions classified Priority I, with
respect to particulate matter pursuant to
401 KAR
50:020, Appendix A, the emissions from these fires
shall not be equal to or greater than forty (40) percent opacity ;
(12) Heating ropes that are set on fire to
repair steel rails during cold weather; and
(13) Fires set by county or municipal
governments to dispose of wood waste or clean lumber. This activity shall not
be considered in violation of
401 KAR
47:030, Section 10.
Section 5. Restrictions to Open Burning.
(1) For those counties, or portions of
counties, which are, or were previously, designated moderate nonattainment for
the one (1) hour ozone or nonattainment for the National Ambient Air Quality
Standards (NAAQS) PM10 or those counties, or portions of counties, which are,
or were designated nonattainment for the eight (8) hour ozone or PM2.5 national
ambient air quality standards, pursuant to
401 KAR
51:010, fires may be set in accordance with this
administrative regulation except during the months of May, June, July, August,
and September. During these months, the only open burning activities allowed
shall be:
(a) Fires set for the cooking of
food for human consumption;
(b)
Fires set for prevention of a fire hazard, including disposal of dangerous
materials if no safe alternative is available;
(c) Fires set for the purpose of bona fide
instruction and training of public and industrial employees in the methods of
fighting fires;
(d) Fires set for
recognized agricultural, silvicultural, range, ecological, and wildlife
management practices;
(e) Fires set
for the purpose of disposing of accidental spills or leaks of crude oil,
petroleum products or other organic materials, and the disposal of absorbent
material used in their removal, if no other economically feasible means of
disposal is available and practical. Permission shall be obtained from the
cabinet prior to burning; and
(f)
Fires set for recreational or ceremonial purposes.
(2) Open burning shall comply with the fire
hazard season requirements of
KRS
149.400.
(3) Open burning for land clearing purposes
associated with residential, commercial, or industrial development shall be
limited to a maximum of two (2) contiguous acres at any one (1) time.
(4) This administrative regulation shall not
authorize open burning that is prohibited by any local
ordinance.
Section 6.
Procedures for Fire Training. Burning conducted in conjunction with training
for public, private and industrial firefighters shall be subject to the
following criteria:
(1) Excluding fire
training that has been approved by the Kentucky State Fire Marshal, or which
has been certified by the Kentucky State Fire Commission, or which is conducted
in accordance with standards adopted by the National Wildfire Coordinating
Group, any entity intending to conduct fire training shall submit written
notification to the local Division for Air Quality regional office a minimum of
fifteen (15) days prior to the scheduled training. The written notification
shall state the location and the date of the proposed fire training, the name
and contact information for the on-site training coordinator, the number of
firefighters to be trained, the goals and the objectives of the training, and a
brief summary of what is to be taught.
(2) Any materials that contain asbestos shall
not be burned.
(3) Materials likely
to produce hazardous or toxic emissions shall be removed prior to the fire
training burning event, to the extent practicable, and properly
disposed.
(4) Excluding fire
training approved by the Kentucky Division of Forestry or the Kentucky State
Fire Marshal, or which has been certified by the Kentucky State Fire
Commission, or which is conducted in accordance with standards adopted by the
National Wildfire Coordinating Group, entities conducting fire training shall
be limited to one burning event related to training per year for every ten
firefighters under their supervision.
(5) Excluding fire training approved by the
Kentucky Division of Forestry or the Kentucky State Fire Marshal, or which has
been certified by the Kentucky State Fire Commission, or which is conducted in
accordance with standards adopted by the National Wildfire Coordinating Group,
between May 1 and September 30, fire training shall not be conducted in any
counties, or portions of counties, which are, or were previously, designated
moderate nonattainment for ozone, or designated, or previously designated,
nonattainment for the eight (8) hour ozone or PM2.5
(particulate matter ) national ambient air quality standard , pursuant to
401 KAR
51:010.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.20-110
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