HomeMy Public PortalAbout2019.07.05 Dept of Enviro Quality Letter abot outdoor burningSTATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
1445 North Orchard Street- Boise, ID 83706 • (208) 373-0502 Brad Little, Governor
www.deq.idaho.gov John H. Tippets, Director
July 5, 2019
Facility Manager
McCall Golf Course
216 East Park Street
McCall, Idaho 83638
RE: —Idaho-DEQ's Open Outdoor Burning &-T-rade-Waste-Rules- --
To Whom It May Concern,
As a part of the Idaho Department of Environmental Quality's (IDEQ) continuing outreach efforts, the agency
strives to provide information concerning outdoor open burning activities to all affected parties. It has recently
been brought to IDEQ's attention that the utilization of open outdoor burning for the disposal of "waste" (tree
trimmings, grass, shrub/bush trimmings, etc.) is a common method employed by golf courses. This letter is to
notify you that the use of open outdoor burning is prohibited.
Idaho Administrative Code only allows for open outdoor fires to be used in the diposal of solid waste (rubbish,
tree/yard trimmings, gardening waste, etc.) from a domestic household or residential property
(IDAPA.58.01.01.611). The use of open outdoor burningas a means of disposal for commercial properties is
not allowed under Idaho Administrative Code.
Additionally, any waste generated from a business, trade or industry is defined as trade waste (IDAPA
58.01.01.006.128). Per Idaho Administrative Code (IDAPA 58.01.0.603.i) the open outdoor burning of any trade
waste is specifically prohibited.
IDAPA.58.01.01.006
128. Trade Waste. Any solid, liquid or gaseous material resulting from the construction or demolition of
any structure, or the operation of any business, trade, or industry...
All waste must be disposed of through alternative methods including, but not limited to, mulching, chipping, and
removal to a landfill or other appropriate facility.
Enclosed you will find important information regarding Idaho's open burning Rules. Please read and review these
documents and ensure your burning practices are complying with Idaho's Rules. Please feel free to contact me at
(208) 373-0550 if you have questions.
Thank you for your assistance.
Sincerely,
Michael Toole - Airshed Coordinator
IDEQ Boise Regional Office
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01
Department of Environmental Quality Rules for the Control of A'irPollution in Idaho
and if applicable, the type of repair and the date of .retest. The records must be maintained in a legible, readily
available condition for at least two (2) years after the date of testing or repair was completed and• must be available for
inspection by the Department upon request. (3-29-10)
b. Copies of alltests required under Subsection 599.01 shall be submitted to the Department within
thirty (30) days of certification :testing. (3-29-10)
600. RULES FOR CONTROL OF OPEN BURNING.
The purpose of Sections 600 through 624 is to reduce the amount of emissions and minimize the impact of open
burning to protect human health and the environment from air pollutants resulting from open .burning as well as to
reduce, the visibility impairment in mandatory Class I Federal Areas in accordance with the regional haze long-terni
strategy referenced at Section 667, (5-8-09)
601. - FIRE PERMITS,, HAZARDOUS MATERIALS, AND LIABILITY. - -
Compliance with the provisions of Sections 600 through 623 does not exempt or excuse aiy person from complying
with applicable taws and ordinances of other jurisdictions responsible for fire control or hazardous material disposal
or from liability for damages or injuries which may result from open burning. (5-8-09)
602. NONPREEIMPTIiON OF OTHER JURISDICTIONS.
The provisions of Sections 600 through 623 are not intended to interfere with the rights of any city, county or other
governmental entities or agencies to provide equal or more stringent control of open burning within their respective
jurisdictions. (5-8-09)
603. GENERAL RESTRICTIONS.
01. Categories and Materials. No person shall allow, suffer, cause or permit any open burning
operation unless it is a category ofopen burning set forth in Sections 600 through 623 and the materials burned do not.
include any of the following: (5-8-09)
a. Garbage, as defined in Section 006. (3-2103)
b. Dead animals, animal parts, or animal wastes (feces, feathers, litter, etc.) except as provided in
Section 616. (3-21-03)
c. Motor vehicles, parts, or•any materials resulting from a salvage operation. (3-21 -03)
d. . Tires or other rubber materials or products. (3-21-03)
e. ,Plastics. (3-21-03)
f. Asphalt or composition roofing or any other asphaltic material or product. (3-21-03)
g. Tar, tar paper, waste or heavy petroleum products, or.paints. (3-21-03)
h. Lumber or timbers treated with preservatives. (3-21-03)
i. Trade waste, as defined in Section 006, except as specifically allowed under Sections 600 through
623. (5-8=09)
j. Insulated wire. (3-21-03)
k. Pathogenic wastes. (3-21-03)
1. Hazardous wastes. (5-1-94)
02. Air Pollution Episodes. No person shall allow, suffer, cause or permit any open burning to be
initiated during any stage of an air pollution episode declared by the Department in accordance with Sections 550,
Section 600 Page 167
IDAHO ADMINISTRATIVE CODE IDAPA 58 01.01
Department of Environmental Quality Rules for the Control of Air Pollution in Idaho
through 562.
(3-21-03)
03. Emergency Authority. In accordance with Title 39, Chapter 1, Idaho Codet the Department has
the authority to require immediate abatement ofany open burning in cases of emergency requiring immediate. action
to protect human health. or safety, (3-21-03)
604.. - 605. (RESERVED)
606. CATEGORIES OF ALLOWABLE BURNING.
The. purpose of Sections 606 through 623 is to establish categories of open burning that are allowed when done
according to prescribed conditians. Unless specifically exempted each category in Sections 606 through 623 is
subject to all of the provisions of Sections 600 through 605. (5-8-09)
607. RECREATIONAL AND WARIVIING FIRES.
Fires used for the preparation of food or for recreational purposes (c.g. campfires, ceremonial fires, and barbecues),
or small fires set for handwarming purposes, are allowable forms of open burning. (3-21-03)
608. WEED CONTROL FIRES.
Open outdoor fires used for the purpose of weed abatement.such as along fence lines, canal banks, and ditch banks is
an allowable forms of open burning. (5-1-94)
609. - TRAINING FIRES.
Fires used by qualificdpersonnel to train firefighters in the methods of fire suppression and fire fighting techniques,.
or to display certain fire ecology or fire behavior effects are ,allowable farms of open burning., Training facilities shall
notify the Department prior to igniting any training fires. Training fires shall not be allowed to smolder after the
training session has terminated. Training fires are exempt from Subsections 603.01.c. and 603.01.c, through 603.01 j.
(3-2I-03)
610. INDUSTRIAL FLARES.
Industrial flares, used for the combustion of flammable gases are allowable forms. of open burning. Industrial flares
are subject to permitting requirements in Sections 200 through 223. (3-21-03)
611. RESIDENTIAL SOLID WASTE DISPOSAL FIRES.
01. Fires Allowed: Open outdoor fires used to dispose of solid waste (e,g. rubbish, tree leaves, yard
trimmings, gardening waste, etc.) excluding garbage produced by the operation of a domestic household is an
allowable form of open burning when the following provisions are met: (5-1-94)
a. • No scheduled house to house solid waste collection service is available; and (5-1-94)
b. The burning is conducted on the property where the solid waste was generated. (5-1-94)
02: -Fires-Exempt..Open-outdoor fires used to= dispose ortree -leaves, gardening- waste or ,yard
trimmings arc exempt from Subsection 611.01.a. when conducted in accordance with local governmental ordinances
or rules which allow for the open burning oftrce leaves, gardening waste or yard trimming during certain periods of
the year.
(5-1-94)
612. LANDFILL DISPOSAL SITE FIRES.
The use of fires for the disposal of solid waste at. any solid waste landfill disposal site or facility is an allowable form
of open burning only if conducted in accordance with IDAPA 58.01.06, "Solid Waste Management Rules and
Standards" or the Solid Waste Facilities Act, Chapter 74, Title 39, Idaho Code. (3-21-03)
613. ORCHARD FIRES:
The use of heating devices to protect orchard crops from frost damage and the use of fires to dispose of orchard
clippings are allowable forms of open burning when the following provisions are met. (3-21:03)
0.1. Open -Pot Heaters. The usc.of stackless open -pot heaters is prohibited. (5-1-94)
Section 606 Page 168
IDAHO ADMINISTRATIVE CODEIDAPA 58.01.01
Department of Environmental Quality Rules for the Control of Air Pollution .In Idaho
02. Heating Device Opacity. Orchard heating device with visible emissions exceeding forty percent
(40%) opacity at normal operating conditions shall not be used. Opacity shall he determined by the procedures
contained .in Section 625. (3-21-03)
03. Mating Device Emissions. All heaters purchased after September 21, 1970, shall emit no more
than one (1.0) gram per minute of solid carbonaceous matter at normal operating conditions as .certified by the
manufacturer. At the time of purchase, the seller shall certify in writing to the purchaser that all new equipment is in
compliance with Section 613. (3-21-03)
04. Orchard Clippings. The open burning of orchard clippings shall be conducted on theproperty
where the clippings were generated. (5-1-94)
- -614,- PRESCRIBED BURNING: = _ ---
The use of open outdoor fires to obtain the objectives of prescribed fire management burning is an allowable form of
open burning when the provisions of Section 614 are met, (5-1-94)
01. Burning Permits or Prescribed: Fire Plans.. (5-1-94)
a. Whenever a burning permit or prescribed fire plan is required by the Department of Lands,
U.S.D.A. Forest Service, or any other state or federal agency responsible for land management, any person who
conducts or allows prescribed burning shall meet all permit and/or plan conditions and terms which control smoke.
(5-1-94)
b. The Department will seek interagency agreements to assure permits or plans issued by agencies
referred to in Subsection 614-.01.a. provide adequate consideration for controlling smoke from prescribed burning. .
(5-1-94)
02. Smoke Management Plans for Prescribed Burning, (5-1-94).
a. Whenever a permit or plan is not required by the Department of Lands, U.S.D.A. Forest Service, or
any other state or federal agency responsible for land management, any. person who conducts or allows prescribed
burning.shali meet all conditions set forth in a Smoke Management Plan for Prescribed Miming. (5-1-94)
b. The Department will develop and put into effect a Smoke Management Plan for Prescribed Burning
consistent with the purpose of Sections 600 through. 616. (5-1-94)
03. Rights -of -Way Fires. The open burning of woody debris generated during the clearing of rights of
way shall be open burned according•to Sections 38-101 and 38-401, Idaho Code, IDAPA 20 Title 16 and Sections 606
through 616 of these rules. (5-1-94)
615. DANGEROUS MATERIAL FIRES.
Fires used or permitted by a public or military fire. -chief to dispose of materials (including military ordnance) Which
present a danger to fife, valuable property or the public welfare, or for the purpose of prevention of a fire hazard when
no practical alternative method of disposal or removal is available are allowable forms ofopen burning. (3-21-03)
616. INFECTIOUS WASTE BURNING.
Upon the order of a public health officer, fires used to dispose of •diseased animals or infested material. are an
allowable form ofopen burning and exempt from Subsection 603.01.k. (3-21-03)
617. CROP RESIDUE DISPOSAL.
The open burning of crop residue on fields where the crops were grown is an allowable form of open burning if
conducted in accordance with Section 39-114, Idaho Code, and Sections 618 through 624 of these rules. (3-29-12)
618. PERMIT BY RULE.
01. General Requirements. All persons shall be deemed to have a permitby rule if they comply with
Section 614 Page 169
IDAHO ADMINISTRATIVE CODE /DAPA 58.01.01
Department of Environmental Quality Rules; for the Control of Air Pollution in. 'Idaho
all the provisions of Sections 618 through •624. No person shall conduct .an Open burn of crop residue without
obtaining the applicable permit by rule. Those persons applying for a spot burn, baled agricultural residue burn, or
propane flaming permit shall comply with the provisions in Section 624. The permit by rule doesnot relieve the
applicant from obtaining all other required permits and •approvals required by other state and local fire agencies .or
permitting authorities. (3-29-12)
02. Forms, The Department shall provide the appropriate forms to complete the permit by rule. Forms
may be available at the Department offices or on the Department website http://www.deq.idaho.gov. (5-8-09)
.619. REGISTRATION FOR PERMIT BY RULE.
Any person applying to burn crop residue shall annually provide the following registration information to the
Department at least thirty (30) days prior to the date the applicant proposes to bum: (5-8-09)
01. Location of Property. Street -.address of the property .upen'which the proposed burning of crop
residue will occur or, if there is no street address of the property, the.legal description of the property using longitude
and latitude coordinates or township, range and section for the Idaho meridian; (5. -09)
02. Applicant Information. Name, mailing address, and telephone number of the applicant, and the
person who will be responsible for conducting the proposed burning of crop residue and the portable form of
communication referenced in Subsection 622.01.c. of this rule; (5-8-09)
03. Plot Plan. A plot plan showing the location of each proposed crop residue burning area in relation
to the property lines and indicating the distances and directions of the nearest. residential, public, and commercial
properties, and roads; (5-8-09)
04. Type, Acreage and 'Fuel Characteristics of Crop Residue Proposed to be Burned. The crop
type, area over which burning will be conducted .(acres),, and other fuel characteristics; (5-8-09)
05, Preventive .Measures. A description. of the measures that will be taken to prevent escaped bums or
withhold additional material .such that the fire burns down, including but not limited to, the availability of water and
.plowed firebreaks; and (5-8-09)
06. Date of Burning. The requested date(s) when the proposed drop residue burning would be
conducted or the proposed date the field will be availableto be burned. (5-8-09)
620. REGISTRATION FEE.
01. Payment of Fee. The permit by rule registration fee set out in Section 39-114, Idaho Code, shall be
paid in its entirety at least seven (7) days prior to the proposed bum date. See also Subsection 624.02.a. for
registration and fee requircrnents for burning under a spot and baled agricultural residue burn permit. The permit by
rule registration form and fee should be sent to:
— . Crop Residue Burning Registration Fees
Fiscal Office
Idaho Department of Environmental Quality
1410 N,. Hilton,Boise, ID 83706-1255
(3-29-12)
02. Effect of Payment. Payment of the registration fee does not imply authorization or approval to
bum.
(5-8-09)
621. BURN DETERMINATION.
01. Burn Approval C3riteria. The Department shall develop .a Crop Residue Operating Quide to use in
assisting .in the determination of_burn approvals. The permittee shall obtain. initial approval from the Department for
the proposed burn at least twelve (12) hours in, advance of the burn. The permittee shall- confirm., with the
Department, the approval the morning of the proposed burn. The Department may shorten this time frame .if
meteorological or other applicable conditions change, that will impact the air quality during the proposed; bum period.
Section 619 Page 170
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01
Department of Environmental Quality Rules for the Control of Air Pollution in Idaho
seven hundred sixty (760) millimeters of mercury (14.7 pounds per square inch) absolute. (4-5-00)
120. Startup. The normal and customary time period required to bring air pollution control equipment
or an emissions unit, including process equipment, from a nonoperational status into normal operation. (5-1-94)
121. Stationary Source. Any building, structure, facility, emissions unit, or installation which emits or
may emit any air pollutant. The fugitive emissions shall not be considered in determining whether a permit is required
unless required by federal law. (4-11-06)
122. Tier I Source. Any of the following: (5-1-94)
a. Any source located at any major facility as defined in Section 008; (4-5-00)
b. Any source, including an area source, subject to a standard, limitation, or other requirement under
42-U.S.C. Section 7411 or 40 CFR Part 60, and required by EPA -to obtain -a Part-70 permit; - - (4=11-06)
c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C.
Section 7412, 40 CFR Part 61 or 40 CFR Part 63, and required by EPA to obtain a Part 70 permit, except that a source
is not required to obtain a permit solely because it is subject to requirements under 42 U.S.C. Section 7412(r);
(4-11-06)
d. Any Phase II source; and (5-1-94)
e. Any source in a source category designated by the Department. (5-1-94)
123. Total Suspended Particulates. Particulate matter as measured by the method described in 40 CFR
50 Appendix B. (4-5-00)
124. Toxic Air Pollutant. An air pollutant that has been determined by the Department to be by its
nature, toxic to human or animal life or vegetation and listed in Section 585 or 586. (5-1-94)
125. Toxic Air Pollutant Carcinogenic Increments. Those ambient air quality increments based on the
probability of developing excess cancers over a seventy (70) year lifetime exposure to one (1) microgram per cubic
meter (1 ug/m3) of a given carcinogen and expressed in terms of a screening emission level or an acceptable ambient
concentration for a carcinogenic toxic air pollutant. They are listed in Section 586. (5-1-94)
126. Toxic Air Pollutant Non -carcinogenic Increments. Those ambient air quality increments based
on occupational exposure limits for airborne toxic chemicals expressed in terms of a screening emission level or an
acceptable ambient concentration for a non -carcinogenic toxic air pollutant. They are listed in Section 585. (5-1-94)
127. Toxic Substance. Any air pollutant that is determined by the Department to be by its nature, toxic
to human or animal life or vegetation. (5-1-94)
128. Trade Waste. Any solid, liquid or gaseous material resulting from the construction or demolition
of any structure, or the operation of any business, trade or industry including, but not limited to, wood product
industry waste such as sawdust, bark, peelings, chips, shavings and cull wood. (5-1-94)
129. TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide
and any other organic sulfide present. (5-1-94)
130. Unclassifiable Area. An area which, because of a lack of adequate data, is unable to be classified
pursuant to 42 U.S.C. Section 7407(d) as either an attainment or a nonattainment area. (5-1-94)
131. Uncontrolled Emission. An emission which has not been treated by control equipment. (5-1-94)
132. Upset. An unplanned disruption in the normal operations of any equipment or emissions unit which
may cause excess emissions. (4-5-00)
Section 006 Page 24