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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 246 By: Allen of the Senate
and
Roberts (Sean) of the House
COMMITTEE SUBSTITUTE
An Act relating to environment and natural res ources;
amending Section 1, Chapter 230, O.S.L. 2019 (27A
O.S. Supp. 2020, Section 2 -5-130), which relates to
the use of air curtain incinerators; modifying
exceptions for certain burning operations; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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:
Section 2-5-130. A. 1. The Department of Environmental
Quality shall not require the use of an air curtain incinerator for
fires purposely set for land clearing operations except in counties
or areas within a county that:
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a. are or have been designated nonattainment for a
National Ambient Air Quality Standard Standards
(NAAQS) or where the Department -certified ambient air
quality monitoring data documents a violation of
primary NAAQS prior to such determination, or in
metropolitan statistical areas with
b. have a population of greater than nine hundred
thousand (900,000) five hundred thousand (500,000)
people according to the latest Federal Decennial
Census.
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 integ rated combustion chamber or open
pit or trench, in which combustion occurs. 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 by the federal Office of Management and
Budget.
B. The Department shall not require the use of an air curtain
incinerator for fires purposely set for the burning of clean wood
waste or yard brush except in counties or areas within a county that
are:
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1. Are or have been designated nonattainment for a National
Ambient Air Quality Standard Standards (NAAQS) or where the
Department-certified ambient air quality monitoring data documents a
violation of primary NAAQS prior to such determination; or in
metropolitan statistical areas with
2. Have a population of greater than 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 of
clean wood waste or yard brush.
D. The burning of clean wood waste or yard brush shall not
create a public nuisance.
E. The Department shall promulgate rules to carry out the
provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-8035 JBH 03/31/21