Current through all regulations passed and filed through March 18, 2024
[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
(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 a restricted 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:
(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.
(3) 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.
(4)
Recognized training in the use of fire extinguishers for commercial or
industrial fire prevention.
(5)
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)(4) of this
rule shall not be used for waste disposal purposes and shall be of 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 with prior notification to the Ohio EPA in accordance with
paragraph (B) of rule
3745-19-05
of the Administrative Code:
(1) 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) Bonfires or campfires used for ceremonial
purposes that do not meet the requirements of paragraph (B)(2) of this rule,
provided the following conditions are met:
(a) They have a total fuel area no greater
than five feet in diameter by five feet in height and burn no longer than three
hours.
(b) They are not used for
waste disposal purposes.
(c) 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.
(3) Disposal of 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
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) 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.
(4)
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 submitting the 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 fire occurs. Populations potentially impacted shall include, at a minimum,
those within one-quarter mile of the burn 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.
(D) 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)(3) 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
association'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 this rule. 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) 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.
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view Appendix
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, 12/20/1988,
11/27/2000, 07/07/2006, 05/27/2012,
11/10/2015