5 Colo. Code Regs. § 1001-11-IV

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-11-IV - General Open Burning Permit

A. General Open Burning Permit Applications

1. Any person seeking authority for open burning or to conduct prescribed fires below the de minimis emissions and smoke threshold pursuant to Appendix A to this regulation may apply for and obtain a general open burning permit subject to the conditions set forth in this section. Significant users of prescribed fire may apply for and obtain a general open burning permit if they also satisfy the requirements of Section VII of this regulation.

2. Persons seeking a general open burning permit must submit to the Division, or the authorized local agency, an application on a Division-approved form. The application must demonstrate that the open burn can and will be conducted in a manner that minimizes the emissions from the burn and the impacts of the smoke on the health and welfare of the public. For prescribed fires under the de minimis threshold, the application must demonstrate the potential for smoke impacts is low as determined by the Division.

B. Rules Specific to General Open Burning Permits

1. Burning in barrels is prohibited; burning may only be conducted in open burn piles;

2. The maximum acreage for a broadcast burn is 10 acres or less of grass and 5 acres or less of other vegetation;

3. Only natural wood, leaves, dry prairie grass, slash and weeds may be burned, unless approved by the Division or an authorized local agency as specified in the relevant permit;

4. Prohibited items include, but are not limited to, clean lumber, pallets, tree stumps, tires, chemicals, plastic, construction debris, and furniture;

5. All burns must have fire suppression ready at all times.

C. Open Burning Permit Criteria

1. The Division or authorized local agency shall consider the following factors in determining whether, and upon what conditions, to issue a general open burning permit;

a. The location and proximity of the proposed burning to any building or other structure;

b. Meteorological conditions on the day or days of such the proposed burning; and

c. Compliance by the applicant for the permit with applicable fire protection and safety requirements of the local authority;

d. Whether there is any practical alternative method for the disposal of the material to be burned;

e. The potential contribution of the proposed burning to air pollution in the area; whether the burning will be conducted using best smoke management techniques so as to minimize emissions and the impacts from the smoke on the health and welfare of the public; and

f. The smoke impact potential for prescribed fires pursuant to Appendix A of this regulation.

2. Methods to minimize emissions and smoke impacts may include, but are not limited to:

a. The use of permitted air curtain destructors pursuant to Section IV.C.4 of this regulation;

b. The use of clean auxiliary fuel;

c. Drying the material prior to ignition; and

d. Separation for alternative disposal of materials that produce higher levels of emissions and smoke during the combustion process.

3. Any device defined as an incinerator under the Common Provisions is not subject to the permitting requirements under open burning.

4. The Division shall consider the following in determining whether, and upon what conditions, to issue an air curtain destructor (ACD) Permit.

a. Device shall burn only yard waste, wood waste, clean lumber, or any mixture thereof generated as a result of projects to reduce the risk of wildfire;

b. Whether there is any practical alternative disposal method for the proposed burning;

c. Whether the applicant will conduct any particular burn in accordance with permit conditions in the general open burning permit application pursuant to Section IV.C. of this regulation;

d. ACD permit conditions may include, but are not limited to, the following:

i. Shall demonstrate within 60 days after beginning operation the device meets the following emission limits:

(A) Opacity limit is 10 percent, averaged over 6 minutes, except during startup and malfunctions;

(B) Opacity limit is 35 percent, averaged over 6 minutes; during startup period within first 30 minutes of operation;

(C) No more than one startup period per day, not to exceed 30 minutes;

(D) These limits apply at all times except during malfunctions;

(E) Malfunctions shall not exceed a total of one hour per day; and

(F) Excess emissions during malfunctions shall be reported in accordance with Common Provisions Regulation, Section II.E.

ii. Shall not be co-located with another ACD or any other facility that is required to have an air quality permit or any commercial or industrial facility;

iii. Shall be erected and operated in accordance with the manufacturer's recommendation;

iv. Shall meet the following if a trench device:

(A) Trench dimensions must follow manufacturer's recommendations;

(B) Trenches must be maintained with a rectangular opening and vertical sidewalls;

(C) Bottom of trench must be above water table and not collect groundwater seepage;

(D) Trench must be protected from surface runoff by a berm or other barrier; and

(E) Trench cannot be in land filled material containing any solid waste, including construction and demolition debris.

v. Shall not exceed the manufacturer's recommended throughput or 20 tons per hour, whichever is less;

vi. Shall be operated during daylight hours and not to exceed 13 hours per day;

vii. Shall emit less than 100 tons of any criteria pollutant per calendar year;

viii. Shall ensure the fire is extinguished prior to departure from the project site or a fire watch patrol will remain behind to ensure there is no risk of escape or nighttime smoke production. An extinguished fire shall produce no visible smoke;

ix. Shall be setback from occupied structure on other property, and from perimeter of restricted public access shall be:

(A) Minimum 300 ft., for any location where an ACD is operated 14 days or more per year; or

(B) Minimum 150 ft., for any location where an ACD is operated for less than 14 days per year.

x. Shall meet Division's reporting and record keeping requirements; and

xi. Shall notify the public in smoke-sensitive areas regarding the location, expected duration and projected smoke impacts from the operation.

D. General Open Burning Permit Conditions

General open burning permits will include, but not be limited to, the following conditions, as appropriate:

1. Air pollution emergencies and alerts

General open burning permits are not valid during periods of publicly announced air pollution emergencies or alerts in the area of the proposed burn. Open burning during such periods may be conducted only with direct written permission from the authority that granted the permit.

2. Smoke management

In order to minimize emissions and smoke impacts, each permittee shall use the best smoke management techniques appropriate to the proposed burn. The permit may allow the use of auxiliary fuels as reasonably necessary to induce proper ignition.

3. To the degree practical, all burning shall be conducted during periods conducive to smoke dispersal.

4. For burns of piled material, all piles shall be reasonably dry and free of dirt.

5. Wind speed

The authority granting the permit may impose conditions on wind speed at the time of the burn to minimize smoke impacts on smoke-sensitive areas.

6. Wind direction

The authority granting the permit may impose conditions on wind direction at the time of the burn to minimize smoke impacts on smoke-sensitive areas.

7. Burn supervision

Open burns must be supervised by a responsible person who must have available the means to suppress the burn if the fire does not comply with the terms and conditions of the permit. Precautions shall be taken to ensure that the burning is restricted to the items and location identified in the permit.

8. Inspection

All open burning operations shall be subject to inspection by the Division and/or the local agency. The permittee shall maintain at the burn site the original or a copy of the permit that shall be made available without unreasonable delay to the inspector.

9. The permit shall state that the permit is for compliance with state air pollution control requirements only and is not a permit to violate any existing local laws, rules, regulations, or ordinances regarding fire, zoning, or building. The permittee will notify the appropriate local agencies as required by local regulations and/or ordinances. Permittees also shall ensure that their actions comply with all procedural and substantive requirements contained in state and local air pollution control regulations.

10. The permit is valid only for the date or period specified in the permit.

11. The Division or local agency may include in the permit other conditions necessary to protect public health and welfare from emissions and smoke impacts.

12. Revocation of permit

If at any time the Division or the local agency granting the permit determines that the permittee has not complied with any term or condition of the permit, the permit is subject to partial or complete suspension or revocation or imposition of additional conditions. All burning activity subject to the permit shall be terminated immediately upon notice of suspension or revocation. In addition to suspension or revocation of the permit, the Division or local agency may take any other enforcement action authorized under state or local law.

5 CCR 1001-11-IV

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