10 CSR 10-6.045 - Open Burning Requirements
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Applicability. This rule applies to all
open burning throughout the state of Missouri.
(2) Definitions.
(A) Air curtain incinerator-A device that
operates by forcefully projecting a curtain of air across an open chamber or
open pit in which combustion occurs.
(B) Household waste-Garbage, trash, and other
discarded materials that are generated from residential activities in a
household.
(C) Open burning-The
burning of materials where the products of combustion are emitted into the open
air without passing through a chimney or stack.
(D) Salvage Operation-Any business, trade,
industry, or other activity conducted in whole or in part for the purpose of
salvaging or reclaiming any product or material.
(E) Trade waste-Waste materials from any
business, institution, or industry.
(F) Untreated wood-Wood that has not been
chemically preserved, painted, stained, or composited. Untreated wood does not
include plywood, particleboard, chipboard, and wood with other than minimal
quantities of paint, coating, or finish.
(G) Vegetative waste-Tree trunks, tree limbs,
tree trimmings, vegetation, and yard waste.
(H) Wood processing facility-A facility that
uses logs or dimensional lumber to be cut and used in the manufacturing
process.
(I) Definitions of certain
terms specified in this rule, other than those defined in this rule section,
may be found in 10 CSR
10-6.020.
(3) General Provisions. Open burning that
causes or constitutes a public health hazard, a hazard to vehicular or air
traffic, is composed of material listed in subsection (3)(A) of this rule, or
violates any other rule or statute, is not allowed unless specified otherwise.
A public health hazard is to be as determined by the local fire department,
police department, health department, or other local authorities on a
case-by-case basis. The staff director reserves the right to prohibit or
restrict open burning where burning is considered detrimental to air quality
standards.
(A) The following materials must
not be disposed of by open burning:
1.
Petroleum-based materials, including but not limited to, tires, asphalt roofing
material, carpet, and used oils;
2.
Asbestos containing materials;
3.
Trade waste, except untreated wood;
4. Construction or demolition waste, except
untreated wood;
5. Salvage
operation waste;
6. Household waste
on or from properties with five (5) or more residential units, such as mobile
home parks or multi-family dwellings;
7. Household waste originated from another's
property; or 8. Durable goods.
(B) The open burning of vegetative waste for
the following activities must comply with the conditions in subsection (3)(E)
of this rule:
1. Commercial land clearing
operations when the burning is located inside the city limits or less than two
hundred (200) yards from the nearest occupied structure; and
2. Commercial and noncommercial collection
operations where vegetative waste originates off-site. Collection operations
that burn more than eighty (80) cubic yards of vegetative waste per week must
use an Air Curtain Incinerator and-
A. Meet
the conditions of subsections (3)(F) and (3)(G) of this rule;
B. Submit a construction notification, record
opacity test results, and make records available for review as outlined in
section (4) of this rule; and
C.
Measure visible emissions as outlined in section (5) of this rule.
(C) Wood processing
facilities producing more than eight thousand (8,000) board feet per day or
that are located less than one (1) mile outside the city limits of an
incorporated area that open burn untreated wood waste must comply with the
conditions in subsection (3)(E) of this rule. Wood processing facilities
producing more than eight thousand (8,000) board feet per day that wish to burn
more than eighty (80) cubic yards of untreated wood waste per week must use an
Air Curtain Incinerator and-
1. Meet the
conditions of subsections (3)(F) and (3)(G) of this rule;
2. Submit a construction notification, record
opacity test results, and make records available for review as outlined in
section (4) of this rule; and
3.
Measure visible emissions as outlined in section (5) of this rule.
(D) The open burning of untreated
wood waste generated from trade waste or construction and demolition waste must
comply with the conditions in subsection (3)(E) of this rule. Any person who
burns more than eighty (80) cubic yards of this untreated wood waste per week
at a single location must use an Air Curtain Incinerator and-
1. Meet the conditions of subsections (3)(F)
and (3)(G) of this rule;
2. Submit
a construction notification, record opacity test results, and make records
available for review as outlined in section (4) of this rule; and
3. Measure visible emissions as outlined in
section (5) of this rule.
(E) Conditions for open burning of vegetative
waste or untreated wood from activities described in subsections (3)(B),
(3)(C), and (3)(D) of this rule:
1. Burning is
to take place only between sunrise and sunset;
2. Burning is to occur at least two hundred
(200) yards from the nearest structure not owned by the party conducting the
burning, unless an Air Curtain Incinerator is used and-
A. Waivers are obtained from the owner or
occupant of the structure; or
B.
The local fire department provides approval in those circumstances where the
distance cannot be maintained;
3. Burning is to be supervised at all
times;
4. The local fire control or
other authority with jurisdiction shall be notified of the burning activities
prior to initiation;
5. An Air
Curtain Incinerator shall be utilized in an ozone non-attainment area from
April 15 to September 15; and
6.
Burning is not allowed during an ozone alert day in an ozone non-attainment
area or ozone maintenance area.
(F) Air curtain incinerator operation.
1. An air curtain incinerator operates by
forcefully projecting a curtain of air across an open chamber or open pit in
which combustion occurs. Incinerators of this type can be constructed above or
below ground and with or without refractory walls and floor. (Air curtain
incinerators are not to be confused with conventional combustion devices with
enclosed fireboxes and controlled air technology such as mass burn, modular,
and fluidized bed combustors.)
2.
Owners and operators may only burn the following in their Air Curtain
Incinerator:
A. One hundred percent (100%)
wood waste;
B. One hundred percent
(100%) clean lumber; and
C. One
hundred percent (100%) mixture of only wood waste, clean lumber, and/or yard
waste.
3. Air curtain
incinerator operation must take place at least fifty (50) yards from the
nearest occupied structure not owned by the party that owns or operates the air
curtain incinerator.
(G)
Air curtain incinerators must meet the following emission limitations:
1. Maintain opacity to less than or equal to
ten percent (10%) opacity (as determined by the average of three (3) one
(1)-hour blocks consisting of ten (10) six (6)-minute average opacity values),
except as described in paragraph (3)(G)2. of this rule; and
2. Maintain opacity to less than or equal to
thirty five percent (35%) opacity (as determined by the average of three (3)
one (1)-hour blocks consisting of ten (10) six (6)-minute average opacity
values) during the startup period that is within the first thirty (30) minutes
of operation.
(H) The
open burning of certain trade wastes, such as explosive or hazardous material,
is allowed only when it can be shown that a situation exists where open burning
is in the best interest of the general public, or when it can be shown that
open burning is the safest and most feasible method of disposal. Economic
considerations are not to be the primary determinant of feasibility. Any person
intending to engage in open burning of these trade wastes is to contact the
Department of Natural Resources and receive written approval from the staff
director. The person submitting the information is to verify that the proposed
open burning has been approved by the fire control authority which has
jurisdiction.
(I) The open burning
of material associated with agricultural or forestry operations related to the
growing or harvesting of crops is allowed with the following exception. In an
ozone non-attainment area, if open burning for pest or weed control or crop
production on existing cropland between April 15 and September 15, the person
must notify the staff director in writing at least forty-eight (48) hours prior
to commencement of burning. The department reserves the right to delay the
burning on days when the ambient ozone level is forecasted to be
high.
(4) Reporting and
Record Keeping. Owners and operators of Air Curtain Incinerators must-
(A) Prior to commencing construction of a
stationary air curtain incinerator, submit a notification to the staff director
with the following information:
1.
Notification of the intent to construct and operate an air curtain
incinerator;
2. The planned initial
startup date; and
3. Types of
materials that will be burned in the air curtain incinerator;
(B) Keep the notification required
in subsection (4)(A) of this rule, and records of results of all initial and
annual opacity tests required in section (5) of this rule onsite in either
paper copy or electronic format, unless the staff director approves another
format, for at least five (5) years;
(C) Make all records available for submittal
to the staff director or for an inspector's onsite review; and
(D) Submit the results of the initial opacity
test required in section (5) of this rule no later than sixty (60) days
following the initial test. Owners and operators must submit the results of the
annual opacity test required in section (5) of this rule within sixty (60) days
of conducting the test. Submit annual opacity test results within twelve (12)
months following the previous report. Copies of the initial and annual reports
are to remain onsite for a period of five (5) years. The opacity testing must
consist of a minimum of one (1) hour of opacity values, consisting of ten (10)
six (6)-minute average opacity values. Paper and electronic submittals are
acceptable.
(5) Test
Methods. Visible emissions from Air Curtain Incinerators shall be evaluated
within sixty (60) days after the air curtain incinerator reaches the charge
rate at which it will operate, but no later than one hundred eighty (180) days
after its initial startup, and annually thereafter using Method 9 of Appendix
A-4 to 40 CFR 60 as specified in
10 CSR
10-6.030(22).
Notes
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