Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-19 - Open Burning Standards › Section 3745-19-05 - Permission to individuals and notification to the Ohio EPA

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) Permission:
(1) An application for permission to open
			 burn shall be submitted in writing to Ohio EPA. The applicant shall allow Ohio
			 EPA at least ten working days to review the permit. Applicant may proceed with
			 burn upon receipt of written permission from Ohio EPA. Saturday, Sunday, and
			 legal holidays shall not be considered working days. The application shall be
			 in such form and contain such information as required by the Ohio EPA.
(2) Except as provided in
			 paragraphs (A)(6) and (A)(7) of this rule, such applications shall contain,
			 at a minimum, the
			 following information :
(a) The purpose of the proposed
			 burning.
(b) The
			 quantity or acreage and the nature of the materials to be burned.
(c) The date or dates when such burning will
			 take place.
(d) The
			 location of the burning site, including a map showing distances to residences,
			 populated areas, roadways, air fields, and other pertinent landmarks.
(e) The methods or actions which will be
			 taken to reduce the emissions of air contaminants.
(3) Permission to open burn shall not be
			 granted unless the applicant demonstrates to the satisfaction of the Ohio EPA
			 that open burning is necessary to the public interest; will be conducted in a
			 time, place, and manner as to minimize the emission of air contaminants, when
			 atmospheric conditions are appropriate; and will have no serious detrimental
			 effect upon adjacent properties or the occupants thereof. The Ohio EPA may
			 impose such conditions as may be necessary to accomplish the purpose of this
			 chapter.
(4) Except as provided in
			 paragraph (A)(6) of this rule, permission to open burn must be obtained for
			 each specific project. In emergencies where public health or environmental
			 quality will be seriously threatened by delay while written permission is
			 sought, the fire may be set with oral permission of the Ohio EPA.
(5) Violations of any of the conditions set
			 forth by the Ohio EPA in granting permission to open burn shall be grounds for
			 revocation of such permission and refusal to grant future permission, as well
			 as for the imposition of other sanctions provided by law.
(6) The Ohio department of commerce, division
			 of state fire marshal, may request permission to open burn on an annual basis
			 for the purpose of training firefighters on pre-flashover conditions using the
			 Ohio fire academy's mobile training laboratory at either the academy or at
			 other training sites in Ohio. The annual application required pursuant to
			 paragraph (A)(1) of this rule shall contain information as required in
			 paragraph (A)(2) of this rule, except the information required in paragraphs
			 (A)(2)(c) and (A)(2)(d) of this rule need not be provided unless it is
			 available at the time of submittal of the application. The academy shall
			 contact the appropriate Ohio EPA district office or local air agency at least
			 five working days before each training session of the date or dates when the
			 training session will take place and its location. Saturday, Sunday, and legal
			 holidays shall not be considered working days.
(7) For open burning defined under paragraph
			 (D)(2) of rule
			 3745-19-03
			 and paragraph (C)(2) of rule
			 3745-19-04
			 of the Administrative Code, permission to open burn shall not be granted unless
			 the applicant provides proof of written notice of intent to demolish received
			 by the appropriate Ohio EPA field office in accordance with rule
			 3745-20-03
			 of the Administrative Code.