Okla. Stat. tit. 27A, § 27A-2-5-130: Air curtain incinerators – Limitations on required

use.

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:

a. are or have been designated nonattainment for National

Ambient Air Quality Standards (NAAQS) or where the

Department-certified ambient air quality monitoring

data documents a violation of primary NAAQS prior to

such determination, or

b. have a population of greater than 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 integrated combustion chamber or open

pit or trench, in which combustion occurs.

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:

1. Are or have been designated nonattainment for National

Ambient Air Quality Standards (NAAQS) or where the Department-

certified ambient air quality monitoring data documents a violation

of primary NAAQS prior to such determination; or

2. Have a population of greater than 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.