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§ 2-5-130. Air curtain incinerators--Limitations on required use

Oklahoma Statutes AnnotatedTitle 27A. Environment and Natural ResourcesEffective: November 1, 2021

Oklahoma Statutes Annotated
Title 27a. Environment and Natural Resources (Refs & Annos)
Chapter 2. Oklahoma Environmental Quality Code (Refs & Annos)
Article V. Oklahoma Clean Air Act (Refs & Annos)
Effective: November 1, 2021
27A Okl.St.Ann. § 2-5-130
§ 2-5-130. Air curtain incinerators--Limitations on required use
A. 1. The Department of Environmental Quality shall not require the use of an air curtain incinerator for fires purposely set for land clearing operations except in counties or areas within a county that:
a. are or have been designated nonattainment for National Ambient Air Quality Standards (NAAQS) or where the Department-certified ambient air quality monitoring data documents a violation of primary NAAQS prior to such determination, or
b. have a population of greater than five hundred thousand (500,000) people according to the latest Federal Decennial Census.
2. For the purposes of this section, “air curtain incinerator” means an incineration unit, operating by forcefully projecting a curtain of air across an open integrated combustion chamber or open pit or trench, in which combustion occurs.
B. The Department shall not require the use of an air curtain incinerator for fires purposely set for the burning of clean wood waste or yard brush except in counties or areas within a county that:
1. Are or have been designated nonattainment for National Ambient Air Quality Standards (NAAQS) or where the Department-certified ambient air quality monitoring data documents a violation of primary NAAQS prior to such determination; or
2. Have a population of greater than five hundred thousand (500,000) people according to the latest Federal Decennial Census.
C. The Department may promulgate rules to limit accumulation of clean wood waste or yard brush.
D. The burning of clean wood waste or yard brush shall not create a public nuisance.
E. The Department shall promulgate rules to carry out the provisions of this section.

Credits

Laws 2019, c. 230, § 1, eff. Nov. 1, 2019; Laws 2021, c. 399, § 1, eff. Nov. 1, 2021.
27A Okl. St. Ann. § 2-5-130, OK ST T. 27A § 2-5-130
Current with emergency effective legislation through Chapter 277 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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