5 Colo. Code Regs. § 1001-11-II

Current through Register Vol. 47, No. 24, December 25, 2024
Section 5 CCR 1001-11-II - Definitions

The following definitions apply for the purposes of this Regulation Number 9.

A. Agricultural Open Burning

The open burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, maintenance of water conveyance structures related to agricultural operations, and other agricultural cultivation purposes.

B. Air Curtain Destructor (ACD)

An open burning device that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Devices of this type can be constructed above or below ground and with or without refractory walls and floor. (Air Curtain devices are not conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular and fluidized bed combustors.) Also referred to as air curtain burners and air curtain incinerators.

C. Authorized Local Agency

A local air pollution control authority to which the Division has delegated authority to issue general open burning permits and/or prescribed fire permits.

D. Broadcast Burn

A broadcast burn is the controlled application of fire to wildland fuels in their natural or modified state over a predetermined area. Broadcast burns do not include the burning of wildland fuels that have been concentrated in piles by manual or mechanical methods.

E. Class I Area and Mandatory Federal Class I Area

A class I area is an area listed in Regulation Number 3, Part B, Section V.A.

F. Clean Lumber

Wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as, but not limited to, chromium copper arsenate, pentachlorophenol, and creosote. Clean lumber that is dry may only be burned with an ACD.

G. Fuel Treatment

Manipulation, including combustion, or removal of wildland fuels to reduce the likelihood of ignition and/or to lessen potential damage and resistance to control of wildfire.

H. General Open Burn

A planned fire below the prescribed fire de minimis emissions and smoke threshold pursuant to Appendix A.

I. Land Manager

Any federal, state, local or private person or entity that administers, directs, oversees or controls the use of public or private land, including the application of fire to the land.

J. Monitoring

Monitoring includes all methods to observe and record smoke from prescribed fire, including tracking of smoke through visual observation.

K. Natural Wood

Natural wood is wood which was grown as a tree or shrub and which has not been treated. Treated wood may include, but is not limited to: dimensional shaping, kiln drying, chemical drying, painting, pressure treating, or any other modification to the wood beyond cutting.

L. Open Burning

Burning of rubbish, wastepaper, natural wood, vegetative material or any other flammable material on any open premises, or on any public street, alley, or other land adjacent to such premises.

M. Pile Burning

Burning of vegetative material that has been concentrated by manual or mechanical methods and separated into piles.

N. Planned Ignition Fire

A prescribed fire ignited by a specific man-made action intended for the purpose of using the fire for grassland or forest management in which the emissions and smoke levels have the potential to exceed the de minimis threshold pursuant to Appendix A.

O. Planning Document

A document that summarizes the use of prescribed fire as a grassland or forest management tool and the associated discharge or release of air pollution.

P. Prescribed Fire

Fire that is intentionally used for grassland or forest management, including vegetative, habitat or fuel management, regardless of whether the fire is ignited by natural or human means. Prescribed fire does not include open burning in the course of agricultural operations and does not include open burning for the purpose of maintaining water conveyance structures.

Q. Private Household Trash

Private household trash consists of paper and cardboard. Private household trash does not include food waste, plastic, coated or treated wood, tires and/or rubber, appliances, aerosol/paint cans, insulation or any other non-paper or non-cardboard items.

R. Prescribed Fire Plan, Wildland Fire Use Plan or Burn Plan

A plan that establishes parameters or conditions for conducting a prescribed fire.

S. Significant User of Prescribed Fire

A federal, state or local agency or significant management unit thereof or person that, within any given calendar year:

1. Collectively manages or owns more than 10,000 acres of grassland and/or forest land within the state of Colorado; and
2. Plans to use prescribed fire to broadcast burn and/or pile burn, where the prescribed fires planned for a calendar year will generate more than ten tons of PM10. See Appendix B of this regulation for information to estimate PM10 emissions from prescribed fires.

The adoption of a fire management plan by a local or county unit of government pursuant to Section 30-11-124, C.R.S., does not constitute management for purposes of this regulation unless the county or local unit of government owns or manages more than ten thousand acres (10,000) and is a significant user of prescribed fire.

T. Smoke Management

Use of techniques to reduce smoke emissions, dilute smoke, identification and reduction of the impact of smoke on smoke-sensitive areas, monitoring and evaluation of smoke impacts from individual and collective burns and coordination among land managers for these purposes.

U. Smoke Sensitive Areas or Receptors

Class I areas and other locations of scenic and/or important vistas, especially during periods of significant public use, urban and rural population centers, schools, hospitals, nursing homes,, recreational areas, and other locations that may be sensitive to smoke impacts for health, and/or aesthetic reasons.

V. Suppression Action or Activities

Any activity in which the land manager or responsible fire agency personnel take appropriate fire management actions intended to actively confine, contain or control a fire. Suppression action may include the use of natural fire barriers such as cliffs, rocks, or rivers as part of a suppression strategy.

W. Unplanned Ignition Fire

A prescribed fire ignited by natural phenomena or by military munitions. Unplanned ignition fires include wildland fires used for resource benefits and wildland fires ignited by military munitions.

X. Wildfire

Any fire that is not intended for use for grassland or forest management, regardless of whether the fire is ignited by natural or human means.

Y. Wildlands

An area where development is generally limited to roads, railroads, power lines and widely scattered structures. The land is not cultivated (i.e., the soil is disturbed less frequently than once in ten years), is not fallow, and is not in the United States Department of Agriculture Conservation Reserve Program. The land may be neglected altogether or managed for such purposes as wood or forage production, wildlife, recreation, wetlands or protective plant cover.

Z. Wildland Fuels

Combustible vegetative materials located on wildlands that can be consumed by fire, including naturally occurring live and dead vegetation, such as grass, leaves, ground litter, plants, shrubs, and trees, as well as excessive buildups of these materials resulting from resource management and other land use activities, as well as from natural plant growth and succession.

AA. Wood Waste

Untreated wood and untreated wood products, including tree stumps (chipped only), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.

BB. Yard Waste

Conifer needles, bushes, shrubs, and clippings from bushes and shrubs, are resulting from maintenance of yards or other private or public lands.

5 CCR 1001-11-II

38 CR 05, March 10, 2015, effective 3/30/2015
43 CR 12, June 25, 2020, effective 7/15/2020
47 CR 06, March 25, 2024, effective 4/15/2024