Section 326 IAC 4-1-4.1 - Open burning approval; criteria and conditionsAuthority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 4-21.5; IC 13-12; IC 13-17-9
Sec. 4.1.
(a) Burning not exempted by section 3 or 4 of this rule may be authorized by the issuance of an approval by the commissioner or the commissioner's designated agent after consideration of an approval application. Such burning may be authorized for, but not limited to, the following: (1) Burning for the purpose of fire training.(2) Burning of natural growth derived from a clearing operation, such as removal of natural growth for change in use of the land.(3) Burning of highly explosive or other dangerous materials for which no alternative disposal method exists or where transportation of such materials is hazardous.(4) Burning of clean wood products.(5) Burning of natural growth for the purpose of land management.(b) The following criteria may be considered for approval under this section: (1) The applicant has demonstrated that alternative methods for disposal are impractical or prohibitively expensive.(2) There are not more than five (5) residences or structures within five hundred (500) feet of the proposed burning site.(3) There have been no open burning violations at the site of the proposed burning or by the applicant.(4) If the application involves a structure for fire training, the structure has not been demolished prior to training activities.(5) The burning site is located in a county not designated as a nonattainment area for PM10, PM2.5, or ozone and is not located in Clark County or Floyd County. The commissioner or the commissioner's agent may allow open burning in these areas, subject to conditions necessary to protect air quality.(c) No approval shall be granted at any time for residential burning in Clark County, Floyd County, Lake County, or Porter County.(d) Any approval shall be subject to the following conditions unless otherwise stipulated in the open burning approval letter:(1) Only clean wood products shall be burned.(2) No asbestos-containing material shall be burned.(3) No burning shall be conducted during unfavorable meteorological conditions, such as: (A) high winds, temperature inversions, or air stagnation; or(B) when a pollution alert or ozone action day has been declared.(4) Burning shall be conducted during daylight hours only, and all fires shall be extinguished prior to sunset.(5) If at any time the fire creates:(A) an air pollution problem;(B) a threat to public health;(D) a fire hazard; the burning shall be extinguished.
(6) The local fire department and health department must be notified at least twenty-four (24) hours in advance of the date, time, and location of the burning.(7) The approval letter shall be made available at the burning site to state and local officials upon request except during emergency burning.(8) Adequate fire fighting equipment shall be on-site for extinguishing purposes during burning times.(9) No burning shall take place within:(A) one hundred (100) feet of any structure or powerline; or(B) three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline.(10) Fires must be attended at all times until completely extinguished.(11) All burning must comply with other federal, state, or local laws, regulations, or ordinances, including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos).(12) No waste that is regularly generated as a result of a routine business operation shall be burned.(13) The material to be burned shall not exceed one thousand (1,000) cubic feet.(e) An approval letter shall be valid for not longer than one (1) year from the date of issuance. However, an approval letter may be valid for as long as five (5) years if the approval application is accompanied by an open burning plan. The plan shall: (1) contain a description of the open burning proposed for the period of time for which an approval letter is sought; and(2) be incorporated as a condition of the approval letter under subsection (d) or (f). Any change in the plan must receive an additional approval letter, unless the change is to reduce open burning or the change is to conduct burning exempted under section 3 of this rule. The plan shall be available for review upon the request by the department.
(f) The commissioner or the commissioner's designated agent may add conditions to an approval letter, as necessary, to prevent a public nuisance or protect the public health or the environment. Such conditions may be based on local air quality conditions, including whether the area is a nonattainment county as defined in 326 IAC 1-4-1 or has been redesignated from nonattainment to attainment status.(g) A decision on the open burning approval letter is subject to IC 4-21.5 (Administrative Orders and Procedures Act). *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 4-1-4.1; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Nov 15, 2002, 11:17 a.m.: 26 IR 1077; filed Jun 11, 2012, 3:15 p.m.: 20120711-IR-326110251FRA