[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph
(O)
(P) of
rule
3745-19-01 of the
Administrative Code titled "Referenced materials."]
(A) No person or property owner shall cause
or allow open burning in an unrestricted area except as provided in paragraphs
(B) to (D) of this rule or in section
3704.11 of the Revised
Code.
(B) Open burning shall be
allowed for the following purposes without notification to or permission from
the
Ohio EPA, except as required in paragraph (B)(3)(f) of this rule:
(1) Heating tar, welding, acetylene torches,
highway safety flares, heating for warmth of outdoor workers and strikers,
smudge pots, and similar occupational needs.
(2) Bonfires, campfires and outdoor fireplace
equipment, whether for cooking food for human consumption, pleasure, religious,
ceremonial, warmth, recreational, or similar purposes, if the following
conditions are met:
(a) They are fueled with
clean seasoned firewood, natural gas or equivalent, or any clean burning fuel
with emissions that are equivalent to or lower than those created from the
burning of seasoned firewood.
(b)
They are not used for waste disposal purposes.
(c) They shall have a total fuel area of
three feet or less in diameter and two feet or less in height except when such
fire is used for ceremonial purposes it may have a total fuel area no greater
than five feet in diameter and five feet in height, if the ceremonial fire
burns no longer than three hours.
(3) Disposal of
residential waste or
agricultural waste generated on the premises if the following conditions are
observed:
(a) The fire is set only when
atmospheric conditions will readily dissipate contaminants.
(b) The
fire
smoke does not
create a visibility hazard on
the roadways,
railroad tracks, or air fields.
(c)
The fire is located at a point on the premises no less than one thousand feet
from any inhabited building not located on said premises.
(d) The wastes are stacked and dried to
provide the best practicable condition for efficient burning.
(e) No materials are burned which contain
rubber, grease, asphalt, liquid petroleum products, plastics or building
materials.
(f) Prior notification
to the
Ohio EPA in accordance with paragraph (B) of rule
3745-19-05
of the Administrative Code shall be required for the disposal of
agricultural
waste if the size of waste pile exceeds twenty feet in diameter by ten feet in
height (or four thousand cubic feet) and for residential waste if the size of
the waste pile exceeds ten feet by ten feet by ten feet (or one thousand cubic
feet).
(4) Disposal of
hazardous explosive materials, military munitions or explosive devices that
require immediate action to prevent endangerment of human health, public
safety, property or the environment and that are excluded from the requirement
to obtain a hazardous waste permit pursuant to paragraph (D)(1)(d) of rule
3745-50-45
of the Administrative Code.
(5)
Recognized training in the use of fire extinguishers for commercial or
industrial fire prevention.
(6)
Fires set at the direction of federal, state, and local law enforcement
officials for the purpose of destruction of cannabis sativa (marijuana) plant
vegetation, processed marijuana material or other drugs seized by federal,
state, or local law enforcement officials.
Fires allowed by paragraphs (B)(1), (B)(2) and (B)(5) of this
rule shall not be used for waste disposal purposes, and shall be of the minimum
size sufficient for their intended purpose; the fuel shall be chosen to
minimize the generation and emission of air contaminants.
(C) Open burning shall be allowed
for the following purposes upon receipt of written permission from the
Ohio
EPA, in accordance with paragraph (A) of rule
3745-19-05
of the Administrative Code, provided that any conditions specified in the
permission are followed:
(1) Disposal of
ignitable or explosive materials where the Ohio EPA determines that there is no
practical alternate method of disposal, excluding those materials identified in
paragraph (B)(4) of this rule.
(2)
Instruction in methods of fire fighting or for research in the control of fire
as recognized by the state fire marshal division of the Ohio department of
commerce and the guidelines set forth in the national fire protection
asssociation's (NFPA) publication 1403: "Standard on Live Fire Training
Evolutions, Chapter 4, Acquired Structures," provided that the application
required in paragraph (A)(1) of rule
3745-19-05
of the Administrative Code is submitted by the commercial or public entity
responsible for the instruction.
(3) In emergency or other extraordinary
circumstances for any purpose determined to be necessary by the director and,
if required, performed as identified in the appendix to rule
3745-19-03
of the Administrative Code. If deemed necessary, the
open burning may be
authorized with prior oral approval by the director followed by the issuance of
a written permission to open burn within seven working days of the oral
approval.
(4) Disposal of
land
clearing waste generated on the premises if the following conditions are
observed:
(a) The fire is set only when
atmospheric conditions will readily dissipate contaminants.
(b) The
fire
smoke does not
create a visibility hazard on roadways, railroad tracks, or air
fields.
(c) The fire is located at
a point on the premises no less than one thousand feet from any inhabited
building not located on said premises.
(d) An
air curtain destructor or other device
or method determined by the director to be at least as effective is used to
curtail release of air contaminants.
(5) Recognized horticultural,
silvicultural (forestry), range management, prairie and grassland management,
invasive species management, or wildlife management practices.
(6)
(5) Fires or pyrotechnic effects, for purposes other
than waste disposal, set as part of commercial film-making or video production
activities for motion pictures and television.
(7)
(6) Disposal of
land
clearing waste utilizing an
air curtain burner if the following conditions are
met:
(a) The owner or operator shall apply for
a permit-to-install as required in Chapter 3745-31 of the Administrative Code
and a title V permit as required in Chapter 3745-77 of the Administrative Code.
[Comment: Pursuant to Section 129 of the Clean Air Act and
40
CFR 60.2974 and
40
CFR 60.3069, air curtain burners are subject
to and must fulfill the requirements of the Title V permitting program and must
apply for and obtain a title V air permit.]
(b) The siting of the air curtain burner
shall be at a point on the premises no less than one thousand feet from any
inhabited building not located on said premises.
(c) No materials may be charged to the burner
less than thirty minutes after sunrise and shall be completed not less than
sixty minutes prior to sunset. A log shall be maintained on site, and available
upon request, that documents daily beginning and ending times of
charging.
(d) The air curtain
burner shall be attended at all times while burning is occurring and until
flames are no longer visible.
(e)
The air curtain shall be maintained until all material within the air curtain
burner has been reduced to coals, and flames are no longer visible.
(f) At no time shall material be loaded into
the air curtain burner such that the material extends into and above the air
curtain, except for brief moments during loading.
(g) The
air curtain burner shall be used only
for the disposal of land clearing wastes as defined in paragraph (I) of rule
3745-19-01 of the
Administrative Code.
(D) Open burning shall be allowed
for the following purposes, with prior
notification to the
Ohio EPA in accordance with paragraph (B) of rule
3745-19-05
of the Administrative Code
:
;
(1)
for the purpose of prevention
Prevention or control of disease or pests, with
written or oral verification to the
Ohio EPA from the Ohio department of health
or local health department, the centers for disease control and prevention,
cooperative extension service, Ohio department of agriculture, or United States
department of agriculture, that open burning is the only appropriate disposal
method.
(2)
Recognized horticultural, silvicultural (forestry), range
management, prairie and grassland management, invasive species management, or
wildlife management practices, if all of the following conditions are
met:
(a)
The
fire shall be performed within one hundred eighty days of
notification.
(b)
The fire shall be performed when it is anticipated
weather conditions will minimize the dispersion of smoke near populated areas
and the smoke does not create a visibility hazard on roadways, railroad tracks,
or air fields. Smoke dispersion conditions shall be evaluated before, during,
and after the fire and actions taken to minimize smoke impacts.
(c)
The person making
the notification shall notify the local fire department having jurisdiction
over the burn area at least twenty-four hours before the fire is anticipated to
occur.
(d)
The person making the notification shall provide
reasonable notification to populations potentially impacted by the smoke before
the burn occurs. Populations potentially impacted shall include, at a minimum,
those within one-quarter mile of the fire site. Reasonable notification shall
include one of the following:
(i)
Posting notice of intent to burn, including contact
information for the person making the notification and the anticipated date
that the fire will occur, within open view from a public roadway adjacent to
and outside of the property on which the fire will occur.
(ii)
Posting a notice
in a newspaper of general circulation in the local community in which the fire
will occur. The notice shall include, at a minimum, the address of the property
at which the fire will occur, contact information for the person making the
notification and the anticipated date that the fire will occur.
(iii)
Delivering
written notice directly to residences and businesses within a minimum of
one-quarter mile of the burn site. Notices shall include, at a minimum, the
address of the property at which the fire will occur, contact information for
the person making the notification and the anticipated date that the fire will
occur.
(e)
The person making the notification shall document
information on the weather, smoke conditions, any air quality concerns before,
during, and after the fire, the actual number of acres burned, the time the
fire was initially kindled, the time when active kindling ceased, and the time
at which mop up activities ceased. The person making the notification shall
maintain this information for a minimum of one year from the date of the fire
and shall provide this information to the appropriate Ohio EPA district office
or local air agency within ten days upon request.
(f)
Reasonable access
to the burn site shall be provided to Ohio EPA representatives at any time
during the fire.
Notes
Ohio Admin. Code 3745-19-04
Five Year Review (FYR) Dates:
3/7/2023 and
03/07/2028
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(E)
Rule Amplifies:
3704.03(A),
3704.03(E)
Prior Effective Dates: 06/21/1976, 10/30/1987, 12/20/1998,
11/27/2000, 07/07/2006, 05/27/2012, 08/18/2013, 11/10/2015,
04/30/2018
Effective: 4/30/2018
Five Year
Review (FYR) Dates: 11/30/2017 and
11/30/2022
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(E)
Rule Amplifies:
3704.03(A),
3704.03(E)
Prior Effective Dates: 06/21/1976, 10/30/1987, 12/20/1998,
11/27/2000, 07/07/2006, 05/27/2012, 08/18/2013,
11/10/2015