25 Pa. Code § 129.14 - Open burning operations
(a)
Air basins. No person may permit the open burning of material
in an air basin.
(b)
Outside
of air basins. No person may permit the open burning of material in an
area outside of air basins in a manner that:
(1) The emissions are visible, at any time,
at the point such emissions pass outside the property of the person on whose
land the open burning is being conducted.
(2) Malodorous air contaminants from the open
burning are detectable outside the property of the person on whose land the
open burning is being conducted.
(3) The emissions interfere with the
reasonable enjoyment of life or property.
(4) The emissions cause damage to vegetation
or property.
(5) The emissions are
or may be deleterious to human or animal health.
(c)
Exceptions. The
requirements of subsections (a) and (b) do not apply where the open burning
operations result from:
(1) A fire set to
prevent or abate a fire hazard, when approved by the Department and set by or
under the supervision of a public officer.
(2) Any fire set for the purpose of
instructing personnel in fire fighting, when approved by the
Department.
(3) A fire set for the
prevention and control of disease or pests, when approved by the
Department.
(4) A fire set in
conjunction with the production of agricultural commodities in their
unmanufactured state on the premises of the farm operation.
(5) A fire set for the purpose of burning
domestic refuse, when the fire is on the premises of a structure occupied
solely as a dwelling by two families or less and when the refuse results from
the normal occupancy of the structure.
(6) A fire set solely for recreational or
ceremonial purposes.
(7) A fire set
solely for cooking food.
(d)
Clearing and grubbing
wastes. The following is applicable to clearing and grubbing wastes:
(1) As used in this subsection the following
terms shall have the following meanings:
Air curtain destructor-A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.
Clearing and grubbing wastes-Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt laden roots.
(2)
Subsection (a) notwithstanding, clearing and grubbing wastes may be burned in a
basin subject to the following requirements:
(i) Air curtain destructors shall be used
when burning clearing and grubbing wastes.
(ii) Each proposed use of air curtain
destructors shall be reviewed and approved by the Department in writing with
respect to equipment arrangement, design and existing environmental conditions
prior to commencement of burning. Proposals approved under this subparagraph
need not obtain plan approval or operating permits under Chapter 127 (relating
to construction, modification, reactivation and operation of
sources).
(iii) Approval for use of
an air curtain destructor at one site may be granted for a specified period not
to exceed 3 months, but may be extended for additional limited periods upon
further approval by the Department.
(iv) The Department reserves the right to
rescind approval granted if a determination by the Department indicates that an
air pollution problem exists.
(3) Subsection (b) notwithstanding clearing
and grubbing wastes may be burned outside of an air basin, subject to the
following limitations:
(i) Upon receipt of a
complaint or determination by the Department that an air pollution problem
exists, the Department may order that the open burning cease or comply with
subsection (b).
(ii) Authorization
for open burning under this paragraph does not apply to clearing and grubbing
wastes transported from an air basin for disposal outside of an air
basin.
(4) During an air
pollution episode, open burning is limited by Chapter 137 (relating to air
pollution episodes) and shall cease as specified in that chapter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.