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ENGROSSED SENATE
BILL NO. 246 By: Allen of the Senate
and
Roberts (Sean) of the House
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 effective 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 a s
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 o perations except in counties
or areas that:
a. are or have been designated nonat tainment 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 lates t Federal
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 combust ion 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 def ined 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 clea n wood
waste or yard brush except in counties or areas that :
a. are or have been designated 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 prom ulgate rules to carry out the
provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives