Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 23 - Air Emission Standards › Rule 567-23.2 - Open Burning

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules and the rules in 567-Chapters
				  20 through 35, the following terms shall, unless otherwise noted, have the
				  meaning indicated in this rule. The definitions set out in Iowa Code sections
				  455B.101,
				  455B.131, and
				  455B.411 are incorporated
				  verbatim in these rules.
"Backyard burning"
means the disposal of
				  residential waste by open burning on the premises of the property where such
				  waste is generated.
"Garbage"
means all solid and semisolid
				  putrescible and nonputrescible animal and vegetable wastes resulting from the
				  handling, preparing, cooking, storing and serving of food or of material
				  intended for use as food but excluding recognized industrial
				  by-products.
"Landscape waste"
means any vegetable or
				  plant wastes except garbage. The term includes trees, tree trimmings, branches,
				  stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.
"Open burning"
means any burning of
				  combustible materials where the products of combustion are emitted into the
				  open air without passing through a chimney or stack.
"Refuse"
means garbage, rubbish and all
				  other putrescible and nonputrescible wastes, except sewage and water-carried
				  trade wastes.
"Residential waste"
means any refuse
				  generated on the premises as a result of residential activities. The term
				  includes landscape waste grown on the premises or deposited thereon by the
				  elements, but excludes garbage, tires, trade wastes, and any locally recyclable
				  goods or plastics.
"Rubbish"
means all waste materials of
				  nonputrescible nature.
"Trade waste"
means any refuse resulting
				  from the prosecution of any trade, business, industry, commercial venture
				  (including farming and ranching), or utility or service activity, and any
				  governmental or institutional activity, whether or not for profit.
(1)
Prohibition.
No person
				shall allow, cause or permit open burning of combustible materials, except as
				provided in 23.2(2) and 23.2(3).
(2)
Variances from rules.
Any person wishing to conduct open burning of materials not exempted in 23.2(3)
				may make application for a variance as specified in 567-subrule 21.2(1). In
				addition to requiring the information specified under 567-subrule 21.2(1), the
				director may require any person applying for a variance from the open burning
				rules to submit adequate documentation to allow the director to assess whether
				granting the variance will hinder attainment or maintenance of a National
				Ambient Air Quality Standard (NAAQS).
(3)
Exemptions.
The open
				burning exemptions specified in this subrule do not provide exemptions from any
				other applicable environmental regulations. In particular, the exemptions
				contained in this subrule do not absolve any person from compliance with the
				rules for solid waste disposal, including ash disposal, and solid waste
				permitting contained in 567-Chapters 100 through 130 or the rules for storm
				water runoff and storm water permitting contained in 567-Chapters 60 and 64.
				The following exemptions apply unless prohibited by local ordinances or
				regulations, except that the exemptions for open burning of trees and tree
				trimming (23.2(3)
"b"
), landscape waste
				(23.2(3)
"d"
), residential waste (23.2(3)
"f"
),
				agricultural structures (23.2(3)
"i"
), and demolished buildings
				(23.2(3)
"j"
) are unavailable within the cities of Cedar
				Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des Moines, West Des
				Moines, Clive, Windsor Heights, Urbandale, and Pleasant Hill.
a.
Disaster rubbish.
The
				open burning of rubbish, including landscape waste, for the duration of the
				community disaster period in cases where an officially declared emergency
				condition exists. Burning of any structures or demolished structures shall be
				conducted in accordance with 40 CFR Section 61.145 as amended
				through January 16, 1991, which is the "Standard for Demolition and Renovation"
				of the asbestos National Emission Standard for Hazardous Air
				Pollutants.
b.
Trees and
				tree trimmings.
The open burning of trees and tree trimmings not
				originated on the premises provided that the burning site is operated by a
				local governmental entity, the burning site is fenced and access is controlled,
				burning is conducted on a regularly scheduled basis and is supervised at all
				times, burning is conducted only when weather conditions are favorable with
				respect to surrounding property, and the burning site is limited to areas at
				least one-quarter mile from any inhabited building unless a written waiver in
				the form of an affidavit is submitted by the owner of the building to the
				department and to the local governmental entity prior to the first instance of
				open burning at the site which occurs after November 13, 1996. The written
				waiver shall become effective only upon recording in the office of the recorder
				of deeds of the county in which the inhabited building is located. However,
				when the open burning of trees and tree trimmings causes air pollution as
				defined in Iowa Code section 455B.131(3), the department may take appropriate
				action to secure relocation of the burning operation. Rubber tires shall not be
				used to ignite trees and tree trimmings.
This exemption shall not apply within the area classified as
				  the PM10 (inhalable) particulate Group II area of Mason City. This Group II
				  area is described as follows: the area in Cerro Gordo County, Iowa, in Lincoln
				  Township including Sections 13, 24 and 25; in Lime Creek Township including
				  Sections 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 33, 34 and 35; in Mason
				  Township the W ½ of Section 1, Sections 2, 3, 4, 5, 8, 9, the N ½
				  of Section 11, the NW ¼ of Section 12, the N ½ of Section 16, the
				  N ½ of Section 17 and the portions of Sections 10 and 15 north and west
				  of the line from U.S. Highway 18 south on Kentucky Avenue to 9th Street SE;
				  thence west on 9th Street SE to the Minneapolis and St. Louis railroad tracks;
				  thence south on Minneapolis and St. Louis railroad tracks to 19th Street SE;
				  thence west on 19th Street SE to the section line between Sections 15 and
				  16.
c.
Flare
				stacks.
The open burning or flaring of waste gases, providing such
				open burning or flaring is conducted in compliance with
				23.3(2)
"d"
and 23.3(3)
"e."
d.
Landscape waste.
The
				disposal by open burning of landscape waste originating on the premises.
				However, the burning of landscape waste produced in clearing, grubbing and
				construction operations shall be limited to areas located at least one-fourth
				mile from any building inhabited by other than the landowner or tenant
				conducting the open burning. Rubber tires shall not be used to ignite landscape
				waste.
e.
Recreational
				fires.
Open fires for cooking, heating, recreation and ceremonies,
				provided they comply with 23.3(2)
"d."
Burning rubber tires is
				prohibited from this activity.
f.
Residential waste.
Backyard burning of residential waste at
				dwellings of four-family units or less. The adoption of more restrictive
				ordinances or regulations of a governing body of the political subdivision,
				relating to control of backyard burning, shall not be precluded by these
				rules.
g.
Training
				fires.
For purposes of 23.2(3), a "training fire" is a fire set for
				the purposes of conducting bona fide training of public or industrial employees
				in firefighting methods. For purposes of this paragraph, "bona fide training"
				means training that is conducted according to the National Fire Protection
				Association 1403 Standard on Live Fire Training Evolutions (2002 Edition) or a
				comparable training fire standard. A training fire may be conducted, provided
				that all of the following conditions are met:
(1) A training fire on a building is
				conducted with the building structurally intact.
(2) The training fire does not include the
				controlled burn of a demolished building.
(3) If the training fire is to be conducted
				on a building, written notification is provided to the department on DNR Form
				542-8010, Notification of an Iowa Training Fire-Demolition or a Controlled Burn
				of a Demolished Building, and is postmarked or delivered to the director at
				least ten working days before such action commences.
(4) Notification shall be made in accordance
				with 40 CFR Section
				61.145, "Standard for Demolition and
				Renovation" of the asbestos National Emission Standard for Hazardous Air
				Pollutants (NESHAP) as amended through January 16, 1991.
(5) All asbestos-containing materials shall
				be removed prior to the training fire.
(6) Asphalt roofing may be burned in the
				training fire only if notification to the director contains testing results
				indicating that none of the layers of asphalt roofing contain asbestos. During
				each calendar year, each fire department may conduct no more than two training
				fires on buildings where asphalt roofing has not been removed, provided that
				for each of those training fires the asphalt roofing material present has been
				tested to ensure that it does not contain asbestos. Each fire department's
				limit on the burning of asphalt roofing shall include both training fires and
				the controlled burning of a demolished building, as specified in
				23.2(3)
"j."
(7)
				Rubber tires shall not be burned during a training fire.
h.
Paper or plastic pesticide
				containers and seed corn bags.
The disposal by open burning of paper
				or plastic pesticide containers (except those formerly containing organic forms
				of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags
				resulting from farming activities occurring on the premises. Such open burning
				shall be limited to areas located at least one-fourth mile from any building
				inhabited by other than the landowner or tenant conducting the open burning,
				livestock area, wildlife area, or water source. The amount of paper or plastic
				pesticide containers and seed corn bags that can be disposed of by open burning
				shall not exceed one day's accumulation or 50 pounds, whichever is less.
				However, when the burning of paper or plastic pesticide containers or seed corn
				bags causes a nuisance, the director may take action to secure relocation of
				the burning operation. Since the concentration levels of pesticide combustion
				products near the fire may be hazardous, the person conducting the open burning
				should take precautions to avoid inhalation of the pesticide combustion
				products.
i.
Agricultural
				structures.
The open burning of agricultural structures, provided that
				the open burning occurs on the premises and, for agricultural structures
				located within a city or town, at least one-fourth mile from any building
				inhabited by a person other than the landowner, a tenant, or an employee of the
				landowner or tenant conducting the open burning unless a written waiver in the
				form of an affidavit is submitted by the owner of the building to the
				department prior to the open burning; all chemicals and asphalt roofing are
				removed; burning is conducted only when weather conditions are favorable with
				respect to surrounding property; and permission from the local fire chief is
				secured in advance of the burning. Rubber tires shall not be used to ignite
				agricultural structures. The asbestos National Emission Standard for Hazardous
				Air Pollutants (NESHAP) as amended through January 16, 1991, requires the
				burning of agricultural structures to be conducted in accordance with
				40 CFR Section
				61.145, "Standard for Demolition and
				Renovation."
For the purposes of this subrule, "agricultural structures"
				  means barns, machine sheds, storage cribs, animal confinement buildings, and
				  homes located on the premises and used in conjunction with crop production,
				  livestock or poultry raising and feeding operations. "Agricultural structures,"
				  for asbestos NESHAP purposes, includes all of the above, with the exception of
				  a single residential structure on the premises having four or fewer dwelling
				  units, which has been used only for residential purposes.
j.
Controlled burning of a demolished
				building.
A city, as "city" is defined in Iowa Code section
				362.2(4), with
				approval of its council, as "council" is defined in Iowa Code section 362.2(8),
				may conduct a controlled burn of a demolished building. A city is the only
				party that may conduct such a burn and is responsible for ensuring that all of
				the following conditions are met:
(1)
				Prohibition. The controlled burning of a demolished building is prohibited
				within the city limits of Cedar Rapids, Marion, Hiawatha, Council Bluffs,
				Carter Lake, Des Moines, West Des Moines, Clive, Windsor Heights, Urbandale,
				Pleasant Hill, Buffalo, Davenport, Mason City or any other area where
				area-specific state implementation plans require the control of particulate
				matter.
(2) Notification
				requirements. For each building proposed to be burned, the city fire department
				or a city official, on behalf of the city, shall submit to the department a
				completed notification postmarked at least 10 working days prior to commencing
				demolition and at least 30 days before the proposed controlled burn commences.
				Documentation of city council approval shall be submitted with the
				notification. Information required to be provided shall include the exact
				location of the burn site; the approximate distance to the nearest neighboring
				residence or business; the method used by the city to notify nearby residents
				of the proposed burn; an explanation of why alternative methods of demolition
				debris management are not being used; and information required by
				40 CFR Section
				61.145, "Standard for Demolition and
				Renovation" of the asbestos National Emission Standard for Hazardous Air
				Pollutants (NESHAP), as amended through January 16, 1991. Notification shall be
				provided on DNR Form 542-8010, Notification of an Iowa Training Fire-Demolition
				or a Controlled Burn of a Demolished Building. For burns conducted outside the
				city limits, the city shall send to the chairperson of the applicable county
				board a copy of the completed DNR notification Form 542-8010 and documentation
				of city council approval. Notification to the county board shall be postmarked,
				faxed or sent by email at least 30 days before the proposed controlled burn
				commences.
(3) Asbestos removal
				requirements. All asbestos-containing materials shall be removed before the
				building to be burned is demolished. The department may require proof that any
				applicable inspection, notification, removal and demolition occurred, or will
				occur, in accordance with 40
				CFR Section 61.145, "Standard for Demolition
				and Renovation" of the asbestos NESHAP, as amended through January 16,
				1991.
(4) Requirements for asphalt
				roofing. During each calendar year, each city shall conduct no more than two
				controlled burns of a demolished building in which asphalt roofing has not been
				removed, provided that for each controlled burn of a demolished building the
				asphalt roofing material present has been tested to ensure that it does not
				contain asbestos. Each city's limit on the burning of asphalt roofing shall
				include both the controlled burning of a demolished building and training
				fires, as specified in 23.2(3)
"g."
(5) Building size limit. For each proposed
				controlled burn located within the city limits, more than one demolished
				building may be included in the burn, provided that the sum total of all
				building material to be burned at a designated site does not exceed 1,700
				square feet in size. For a controlled burn site located outside the city
				limits, the sum total of all building material to be burned, per day, may not
				exceed 1,700 square feet in size. For purposes of this subparagraph, "square
				feet" includes both finished and unfinished basements and excludes unfinished
				attics, carports, attached garages, and porches that are not protected from
				weather.
(6) Time of day
				requirements. The controlled burning of a demolished building may be conducted
				only between the hours of 6 a.m. and 6 p.m. and only when weather conditions
				are favorable with respect to surrounding property. The city shall adequately
				schedule and sufficiently control the burn to ensure that burning is completed
				by 6 p.m.
(7) Prohibited materials.
				Rubber tires, chemicals, furniture, carpeting, household appliances, vinyl
				products (such as flooring or siding), trade waste, garbage, rubbish, landscape
				waste, residential waste, and other nonstructural materials shall not be
				burned.
(8) Limits on the number
				and location of burns. For burns conducted within the city limits, each city
				may undertake no more than one controlled burn of demolished building material
				in every 0.6-mile-radius circle during each calendar year. For burn sites
				established outside the city limits, each city shall undertake no more than one
				controlled burn of demolished building material per day. A burn site outside
				the city limits must be located at least 0.6 of a mile from any building
				inhabited by a person, as "person" is defined in Iowa Code section
				362.2(17).
(9) Requirements for
				burn access and supervision. The city shall control access to all demolished
				building burn sites. Representatives of the city who are city employees or who
				are hired by the city shall supervise the burning of demolished building
				material at all times.
(10)
				Recordkeeping requirements. The city shall retain at least one copy of all
				notifications and supplementary information required to be sent to the
				department under 23.2(3)
"j"
(2). Additionally, the city shall
				maintain a map of the exact location of each burn site and supporting
				documentation showing the date of each demolished building burn and the square
				feet of building material burned on each date. All maps, notifications and
				associated records shall be maintained by the city clerk, as "clerk" is defined
				in Iowa Code section 362.2(7), for a
				period of at least three years and shall be made available for inspection by
				the department upon request.
(11)
				Variance from this paragraph. In accordance with 567-subrules 21.2(1) and
				23.2(2), a city may apply for a variance from the specific conditions for
				controlled burning of a demolished building and may request that the director
				conduct a review of the ambient air impacts of the request. The director shall
				approve or deny the request in accordance with 567-subrule 21.2(4).
(12) Compliance with other applicable
				environmental regulations. Compliance with the exemption requirements in this
				paragraph shall not absolve a city of the responsibility to comply with any
				other applicable environmental regulations. In particular, a city conducting a
				controlled burn of a demolished building shall comply with all applicable solid
				waste disposal, including ash disposal, and solid waste permitting rules
				contained in 567-Chapters 100 through 130, as well as all applicable storm
				water discharge and storm water permitting rules contained in 567-Chapters 60
				and 64.