(a) Air permits shall not be required for air curtain burners located at temporary land clearing or right-of-way maintenance sites for less than nine months.

(b) Air curtain burners described in Paragraph (a) of this Rule shall comply with the following conditions and stipulations:

1. Prevailing winds at the time of burning shall be away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning;
2. Only collected land clearing materials may be burned. Heavy oils, asphaltic materials, items containing natural or synthetic rubber, tires, grass clippings, collected leaves, paper products, plastics, general trash, garbage, or any materials containing painted or treated wood materials shall not be burned. Leaves still on trees or brush may be burned;
3. No fires shall be started or material added to existing fires when the Division of Forest Resources has banned burning for that area;
4. Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.;
5. Air curtain burners shall meet manufacturers specifications for operation and upkeep to ensure complete burning of material charged into the pit. Manufacturers specifications shall be kept on site and be available for inspection by Department staff;
6. Except during start-up, visible emissions shall not exceed five percent opacity when averaged over a six-minute period except that one six-minute period with an average opacity of more than five percent but no more than 35 percent shall be allowed for any one-hour period. During start-up, the visible emissions shall not exceed 35 percent opacity when averaged over a six-minute period. Start-up shall not last for more than 30 minutes, and there shall be no more than one start-up per day;
7. The owner or operator of an air curtain burner shall not allow ash to build up in the pit to a depth higher than one-third of the depth of the pit or to the point where the ash begins to impede combustion, whichever occurs first. The owner or operator of an air curtain burner shall water the ash prior to its removal to prevent the ash from becoming airborne;
8. The owner or operator of an air curtain burner shall not load material into the air curtain burner such that it will protrude above the air curtain;
9. Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start the fire; and
10. (The location of the burning at temporary sites shall be at least 500 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.
11. The material to be burned must originate from the land being cleared or the area being manitained. Compliance with this Rule does not relieve any owner or operator of an air curtain burner from the necessity of complying with other rules in this Article or any other air quality rules.

(c) Recordkeeping Requirements. The owner or operator of an air curtain burner at a temporary site shall keep a log of total number of tons burned per temporary site.

(d) Title V Considerations. Burners that have the potential to burn 15,000 tons of material or more per year may be subject to Subchapter 3Q .0500, Title V Procedures.

(e) Prevention of Significant Deterioration Consideration. Burners that burn 38,000 tons per year or more may be subject to 3D .0530, Prevention of Significant Deterioration.