[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR257.3-7]

[Page 378]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 257_CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES 
AND PRACTICES--Table of Contents
 
    Subpart A_Classification of Solid Waste Disposal Facilities and 
                                Practices
 
Sec. 257.3-7  Air.

    (a) The facility or practice shall not engage in open burning of 
residential, commercial, institutional or industrial solid waste. This 
requirement does not apply to infrequent burning of agricultural wastes 
in the field, silvicultural wastes for forest management purposes, land-
clearing debris, diseased trees, debris from emergency clean-up 
operations, and ordnance.
    (b) For purposes of section 4004(a) of the Act, the facility shall 
not violate applicable requirements developed under a State 
Implementation Plan (SIP) approved or promulgated by the Administrator 
pursuant to section 110 of the Clean Air Act, as amended.
    (c) As used in this section ``open burning'' means the combustion of 
solid waste without (1) control of combustion air to maintain adequate 
temperature for efficient combustion, (2) containment of the combustion 
reaction in an enclosed device to provide sufficient residence time and 
mixing for complete combustion, and (3) control of the emission of the 
combustion products.

[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979, as amended at 
46 FR 47052, Sept. 23, 1981]