Mont. Admin. r. 17.8.604

Current through Register Vol. 23, December 6, 2024

Rule 17.8.604 - MATERIALS PROHIBITED FROM OPEN BURNING

(1) The following material may not be disposed of by open burning:

(a) any waste which is moved from the premises where it was generated, except as provided in ARM 17.8.604(2), 17.8.611, or 17.8.612(4)(a) or (b);

(b) food wastes;

(c) Styrofoam and other plastics;

(d) wastes generating noxious odors;

(e) wood and wood byproducts that have been coated, painted, stained, treated, or contaminated by a foreign material, unless open burning is allowed under ARM 17.8.614 or 17.8.615;

(f) poultry litter;

(g) animal droppings;

(h) dead animals or dead animal parts;

(i) tires, except as provided in ARM 17.8.615;

(j) rubber materials;

(k) asphalt shingles, except as provided in ARM 17.8.614 or 17.8.615;

(l) tar paper, except as provided in ARM 17.8.614 or 17.8.615;

(m) automobile or aircraft bodies and interiors, except as provided in ARM 17.8.614 or 17.8.615;

(n) insulated wire, except as provided in ARM 17.8.614 or 17.8.615;

(o) oil or petroleum products, except as provided in ARM 17.8.614 or 17.8.615;

(p) treated lumber and timbers;

(q) pathogenic wastes;

(r) hazardous wastes, as defined by 40 CFR Part 261, incorporated by reference in ARM 17.8.602;

(s) trade wastes, except as provided in ARM 17.8.611 or 17.8.612;

(t) any materials resulting from a salvage operation;

(u) chemicals, except as provided in ARM 17.8.614 or 17.8.615;

(v) Christmas tree waste as defined in ARM 17.8.601, except as provided in ARM 17.8.613;

(w) asbestos or asbestos-containing materials;

(x) standing or demolished structures containing prohibited material, except as provided in ARM 17.8.612, 17.8.614, or 17.8.615; and

(y) paint, except as provided in ARM 17.8.614 or 17.8.615.

(2) A person may not conduct open burning of any wood waste that is moved from the premises where it was generated, except as provided in ARM 17.8.611 or 17.8.612(4)(a) or (4)(b), or unless the department determines:

(a) the material is wood or wood byproducts that have not been coated, painted, stained, treated, or contaminated by a foreign material; and

(b) alternative methods of disposal are unavailable or infeasible.

(3) A person conducting open burning of wood waste which is moved from the premises where it was generated shall comply with BACT.

(4) A person intending to conduct open burning of wood waste which is moved from the premises where it was generated shall contact the department by calling the number listed in ARM 17.8.601(1) prior to conducting open burning.

(5) Except as provided in ARM 17.8.606, a person may not open burn any nonprohibited material without first obtaining an air quality open burning permit from the department.

Mont. Admin. r. 17.8.604

NEW, 1982 MAR p. 689, Eff. 4/16/82; AMD, 1991 MAR p. 126, Eff. 2/1/91; AMD, 1994 MAR p. 2528, Eff. 9/9/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; AMD, 1996 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2002 MAR p. 3586, Eff. 12/27/02; AMD, 2011 MAR p. 569, Eff. 4/15/11; AMD, 2024 MAR p. 2056, Eff. 8/24/2024

AUTH: 75-2-112, 75-2-203, MCA; IMP: 75-2-203, 75-2-211, MCA