Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 63 - General Standards of Performance › Section 401 KAR 63:005 - Open burning

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				149.400,
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				42 U.S.C.
				7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution.
				KRS
				224.20-110 prohibits any person from directly
				or indirectly, emitting into or discharging into the air under the jurisdiction
				of the commonwealth, or causing, permitting, or allowing to be emitted or
				discharged into the air, any contaminants as provided for in subsection (1) of
				KRS 224.01-010 that
				shall cause or contribute to the pollution of the air of the commonwealth in
				contravention of any of the rules, administrative regulations, or orders of the
				cabinet. This administrative regulation establishes requirements for the
				control of open burning.
Section 1.
			 Definitions.
(1) "Clean lumber" means wood or
			 wood products that have been cut or shaped and includes wet, air-dried, and
			 kiln-dried wood products and does not include commercial or industrial waste or
			 wood products that have been painted, pigment-stained, or pressure-treated
			 using any hazardous or toxic compounds.
(2) "Fire training" means the instruction of
			 industrial, public and private firefighters conducted in accordance with safety
			 standards and procedures as accepted by the Kentucky State Fire Marshal, the
			 Kentucky Fire Commission or the National Wildfire Coordinating Group.
(3) "Garbage" means putrescible animal and
			 vegetable matter accumulated in the course of ordinary day-to-day
			 living.
(4) "Household rubbish"
			 means waste material and trash normally accumulated by a family in a residence
			 in the course of ordinary day-to-day living, except for garbage, cans, glass,
			 plastic, or other potentially hazardous waste materials.
(5) "Land clearing" means clearing of land
			 for agricultural, residential, industrial, or commercial development purposes,
			 including the construction of roads.
(6) "Open burning" means the burning of any
			 matter without a burn chamber approved by the Kentucky Division for Air
			 Quality, or without a stack or chimney with control devices approved by the
			 Kentucky Division for Air Quality.
(7) "Priority I Region" means a region
			 classified as Priority I in
			 401 KAR
			 50:020, Appendix A.
(8) "Recognized agricultural, silvicultural,
			 range, ecological, or wildlife management practices" means burning recognized
			 by the Kentucky Department of Agriculture, the United States Department of
			 Agriculture, the Kentucky Division of Forestry, the United States Forest
			 Service, the Kentucky Department of Fish and Wildlife, the Kentucky State
			 Nature Preserves Commission, or the United States Fish and Wildlife Service as
			 necessary to promote cultivation of crops, range, and forest lands, weed and
			 understory abatement and pest control and prevention.
(9) "Wood waste" means untreated wood and
			 untreated wood products, including tree stumps (whole or chipped), felled
			 trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs,
			 millings and shavings. Wood waste does not include:
(a) Yard waste;
(b) Construction, renovation, or demolition
			 wastes; or
(c) Clean
			 lumber.
(10) "Yard waste"
			 means grass, grass clippings, bushes, shrubs, and clippings from bushes and
			 shrubs, which come from residential, commercial, retail, institutional, or
			 industrial sources as part of maintaining yards or other private or public
			 lands. Yard waste does not include:
(a)
			 Construction, renovation, and demolition wastes; or
(b) Clean lumber.