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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 246 By: Allen
AS INTRODUCED
An Act relating to environment and natural resources;
amending Section 1, Chapter 230, O.S.L. 2019 (27A
O.S. Supp. 2020, Section 2 -5-130); amending area
affected; and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 230, O.S.L.
2019 (27A O.S. Supp. 2020, Section 2 -5-130), is amended to read as
follows:
A. 1. The Department of Environmental Quality shall not
require the use of an air curtain incinerator for fires purposely
set for land clearing o perations except in counties or are as that:
a. are or have been designated nonattainme nt for a
National Ambient Air Quality Standard , or in
b. are located within a metropolitan statistical areas
with area and have a population of greater than nine
hundred thousand (900,000) five hundred thousand
(500,000) people according to the latest Fede ral
Decennial Census.
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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 ch amber or open
pit or trench, in which combustion oc curs. For the purposes of this
section, “metropolitan statistical area, ” means a core area
containing a substantial population nucleus, together with adjacent
communities having a high degree of economic and social integration
with that core, as defined b y the federal Office of Ma nagement and
Budget.
B. The Department shall not require the use of an air curtain
incinerator for fires purposely set for the burning of clea n wood
waste or yard brush except in counties or areas that :
a. are or have been design ated nonattainment for a
National Ambient Air Quality Standard , or in
b. are located within a metropolitan statistical areas
area with and have a population of greater t han nine
hundred thousand (900,000) five hundred thousand
(500,000) people according to the latest Federal
Decennial Census.
C. The Department may promulgate rules to limit accumulation o f
clean wood waste or yard brush.
D. The burning of clean wood wast e or yard brush shall not
create a public nuisance.
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E. The Department shall promulgate rules to carry out the
provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1202 APW 1/4/2021 2:40:43 PM