CHEMINFO
Review of Municipal, Provincial,
Territorial and Federal Policies for OpenAir Burning in Selected Canadian and
International Jurisdictions
September 2015
Submitted By:
Cheminfo Services Inc.
PN 1550
This report contains information which has been prepared for, but not approved by, the
Canadian Council of Ministers of the Environment (CCME). CCME is committed to reflect
the highest standards of research and analysis in its publications, however it is not
responsible for the accuracy of the data contained in this report and does not warrant the
information herein. CCME or its member jurisdictions do not necessarily share or affirm, in
any way, any opinions expressed herein.
___________________________________________________________________________
© Canadian Council of Ministers of the Environment, 2016
CHEMINFO
Table of Contents
SUMMARY ........................................................................................................................ i
RÉSUMÉ ............................................................................................................................ i
1.
CANADA ................................................................................................................... 1
2.
UNITED STATES................................................................................................... 18
3.
INTERNATIONAL ................................................................................................ 99
CHEMINFO
Summary
Outlined in this report are jurisdictional review tables (with respect to open air burning)
for Canada (Chapter 2), the United States (Chapter 3) and internationally (Chapter 4).
The international review focused only on the United Kingdom and Australia. The full
range of risk management instruments were considered for inclusion in the table, for
instance regulations, guidelines, codes of practice, etc. In addition, information tools (e.g.
pamphlets, posters, etc.) were also considered.
Résumé
Le présent rapport contient des tableaux qui font état des outils de gestion utilisés par
différentes instances au Canada (chapitre 2), aux États-Unis (chapitre 3) et ailleurs dans
le monde (chapitre 4) pour le brûlage à ciel ouvert. Prendre note cependant que le
chapitre 4 porte uniquement sur le Royaume-Uni et l’Australie. Nous avons examiné tout
l’éventail des outils de gestion des risques, notamment les règlements, les lignes
directrices et les codes de pratique, pour les inclure dans les tableaux. En outre, nous
avons également examiné les outils d’information (p. ex. dépliants et affiches).
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1. Canada
Introduction
This chapter contains the jurisdictional review table for Canada as it pertains to risk
management instruments to mitigate the use/impacts of open-air burning. This table
shows mainly the regulatory instruments designed to mitigate the use/impacts of open air
burning, although several guidelines were also identified that will be utilized in the
formation of the Guidance Document. Many of the risk management instruments and best
management practices that were identified were designed more for preventing accidental
fires from beginning as a result of open air burning activities. Some of these were
reviewed briefly, however many of these instruments were not discussed because their
content was not the focus of this project, and because their requirements were similar to
other instruments that had already been covered within the review below.
Risk management instruments are identified and described at the provincial and
municipal level in Canada. The information in the jurisdictional review table is presented
first for provincial/territorial initiatives, and then by municipality. Information is
provided for all 13 Provinces/Territories as well as five case study municipalities in
Canada.
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Table 1: Summary of Canadian Risk Management Instruments Related to Open Air Burning
Jurisdiction Name
Alberta
Contact
Information
Alberta Environment
By-law or Other
Instrument Name
Open Air Burning
Government of
Alberta
British Columbia
Government of BC
Provision Details
Environmental
Management Act
Provincial Regulation
B.C. Reg. 145/93
(Open Burning Smoke
Control Regulation)
Burning of municipal solid waste is not permitted. The burning of certain quantities of materials from industries such as, pulp and paper and
forestry, is permitted under the guidelines of the Substance Release Regulation. Burning of these materials is not permitted within the
boundaries of a city, town or village. Burning of these materials is permitted outside of the boundaries of a city, town or village if certain
safety issues such as the construction of a fire break are met.
Environmental Management Act (EMA)
Sections 6(2) and 6(3) of B.C.’s Environmental Management Act prohibit the introduction of waste into the environment from the burning of
vegetative debris, the burning or incineration of waste, the burning or incineration of wood residue, and municipal solid waste burning or
incineration. However, sections 6(5)e exempts “the burning of leaves, foliage, weeds, crops or stubble for domestic or agricultural purposes or
in compliance with the Weed Control Act.” The exemption allows some agricultural and backyard burning of wastes to be undertaken legally
in B.C.
However, municipalities across B.C. have introduced further legislation that prohibits some of the burning allowed under the EMA. As a
result, burning regulations change from municipality to municipality across B.C.
In order for some burning to be allowed to take place without individuals having to constantly apply for one-off permits, the B.C. government
formulated the Open Burning Smoke Control Regulation (OBSCR). This regulation may still be surpassed on the municipal level, but is the
most comprehensive provincial tool available on the subject.
Provincial Regulation, B.C. Reg. 145/93-Open Burning Smoke Control Regulation (OBSCR)
The OBSCR has been under revision for approximately six years and is not yet complete. However, the OBSCR is the most relevant
provincial regulatory tool currently in effect in B.C. regarding open air burning. The OBSCR applies to fires used to manage ecosystems for
purposes such as silviculture management, forest fuel management, wildlife habitat enhancement and domestic range improvement. The code
also applies to debris disposal from operations such as land clearing and forest harvesting. The code does not apply to the burning of leaves,
foliage, weeds, crops or stubble for domestic or agricultural purposes or in compliance with the Weed Control Act, or fires set or by a person
acting under a notice of a designated forest official.
The OBSCR states that the open burning of debris on a parcel of land is exempt from the EMA if:
•
•
•
•
•
•
the debris is open burned on the parcel of land from which it originated;
substances which normally emit dense smoke or noxious odours, and those prohibited materials set out in Schedule A (discussed below),
are not included with debris that is open burned;
every reasonable alternative for reducing, reusing or recycling debris has been pursued to minimize the amount of debris to be open
burned;
an open burning ban by a fire protection agency having jurisdiction, a municipality or an improvement district is not in effect;
the open burning complies with any applicable municipal, regional district or improvement district bylaw or portion of a bylaw that has
the effect of being more restrictive than this regulation;
when required, a burning permit issued under the Forest Practices Code of British Columbia Act or under a municipal, regional district
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•
•
•
•
or improvement district bylaw has been obtained;
the open burning is conducted in accordance with the Forest Practices Code of British Columbia Act;
the open burning is carried out at least 100 metres from residences and businesses and 500 metres from schools in session, hospitals, and
facilities used for continuing care;
the open burning is conducted in accordance with the Open Burning Smoke Control Code of Practice in Schedule B; and
before starting the open burning, the person confirms that no public notice suspending the exemption has been issued (under section 4 of
the OBSCR).
The following substances are included in Schedule A, and may not be burned under any circumstances:
•
tires;
•
plastics;
•
dry wall;
•
demolition waste;
•
domestic waste;
•
paint;
•
hazardous waste;
•
tar paper;
•
treated lumber;
•
railway ties;
•
manure;
•
rubber;
•
asphalt;
•
asphalt products;
•
fuel and lubricant containers; and
•
biomedical waste.
The OBSCR also delineates differences between “Category A” areas and “Category B” areas. Category A areas allow for less smoke to be
released through the following requirements:
•
smoke release periods from a single burn are limited to 72 hours;
•
burning cannot take place on the same parcel of land within 15 days of another burn; and
•
burning cannot be conducted on one parcel of land more than 4 times per year.
Meanwhile, in Category B areas, the smoke release period for each parcel of land must not be greater than 96 consecutive hours. If, after 96
hours, smoke is being released from more than 5% of the debris that was initially ignited, the piled debris must be broken apart, scattered or
re-piled. Portions of the piled debris still burning may be re-piled or used to ignite new piles of debris. Open burning initiated in this manner
will be considered a new smoke release period and must comply with all the restriction of the regulations and this Code.
Manitoba
Government of
Manitoba
Manitoba Waste
Disposal Grounds
Regulation (Reg.
150/91)
Open burning under the OBSCR cannot be initiated unless the ventilation index is forecast as “good” for the day the open burning is to start,
and “good” or “fair” on the second day the debris is anticipated to release smoke. Open burning must also not be initiated if local air flow will
cause the smoke to negatively impact a nearby population or cause pollution.
Manitoba Waste Disposal Grounds Regulation (Reg. 150/91)
Opening burning of mixed municipal solid waste is prohibited. Burning of materials such as wood and paper is permitted.
Regulation states that "the operator of a waste disposal ground shall ensure that no burning takes place unless otherwise specified in the
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Manitoba Burning of
Crop Residue
Regulation 77/93
operating permit". Currently, licences and permits for some waste disposal grounds do allow burning of selected combustible materials only
(e.g., branches, loose straw, etc.) within the confines of a bermed area at the waste disposal grounds. Other terms and conditions are also
placed on the burning of these materials (e.g., weather conditions, supervision, record keeping, etc.).
Manitoba Burning of Crop Residue Regulation 77/93
The regulation applies in municipalities, and owners or occupiers of land where the burning may take place are exempted from the regulation
in respect of the burning of crop residue that is:
•
•
•
•
a straw accumulation the area of which does not exceed one acre;
a harvested or unharvested windrow that does not exceed 6 ft. in width and 100 ft. in length and that remains in a field;
a bale that is accidentally broken; or
a pile of straw that:
o
results from the momentary stopping of a combine; or
o
consists of straw that plugged up seeding or tilling equipment and was removed from it;
The above exemptions only apply if:
•
•
•
the straw accumulation, windrow, bale or pile of straw impedes tilling or seeding operations of the owner or occupier;
the burning occurs while the owner or occupier is engaged in tilling or seeding operations on the land; and
no more than three straw accumulations, windrows, bales or piles of straw with a combined area not exceeding one acre are burned at
any one time.
The burning of crop residue in the open air may take place if the burn commences August 1 and ends November 15 of same year and if:
•
•
•
•
Newfoundland and
Labrador
Air Pollution Control
Regulations – 39/04
the land is in a municipality in respect of which a burning period has been established;
the burning begins and ends in the burning period;
the burning is supervised by the owner or occupier or a person authorized by the owner or occupier and that person ensures that all
precautions that are reasonably necessary to protect persons and the property of others from the fire are taken, including ensuring that the
area in which the burning takes place is surrounded:
o
by a fireguard consisting of a strip of land that is tilled or substantially free of readily combustible matter;
o
by natural or man-made barriers, or
o
by a combination of the two above barriers that are sufficient to prevent the spread of the fire;
the smoke resulting from the burning of crop residue or any non-crop herbage, whether by or under the authority of the owner or
occupier or by any other person;
o
does not have the effect of reducing the visibility on a highway so as to create an unreasonable hazard to the safe operation of
a vehicle on the highway if the person operating the vehicle takes reasonable precautions in response to the hazard; and
o
does not pose an unreasonable hazard to the health of a person foreseeably affected by it if reasonable precautions to prevent
injurious health effects are taken by or on behalf of the person.
Interviews have indicated that most of the open burning regulatory tools in Manitoba are municipal in nature. The open burning regulatory
tool for Winnipeg is discussed later in this review.
Air Pollution Control Regulations – 39/04
Burning any of the following substances is prohibited in Newfoundland and Labrador unless provided with written approval of the minister:
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
New Brunswick
Government of New
Brunswick
Clean Air Act
tires;
plastics;
treated lumber;
asphalt and asphalt products;
drywall;
demolition waste;
biomedical waste;
domestic waste;
trash, garbage, or other waste from commercial, industrial or municipal operations;
manure;
rubber;
tar paper;
railway ties;
paint and paint products;
fuel and lubricant containers;
used oil;
animal cadavers;
hazardous substances; and
materials disposed of as part of the removal or decontamination of equipment, buildings or other structures.
The burning of clean wood for camp fires and bonfires is permitted, as is limited burning of old homes for firefighter training purposes.
Approximately 1,000 people in Newfoundland and Labrador live in communities without sufficient cover material for landfills, and these
individuals have special permission to burn limited quantities of garbage.
Clean Air Act
•

The province regulates waste under the Clean Water Act, Clean Environment Act and Clean Air Act. The province permits burning of
wood or wood products and recreational fires without a permit. This policy was put into effect on November 1, 2002.
Larger Fires - Burning more than one pile of wood or wood products; if the piles being burned are larger than three metres in diameter
by two metres high; if you are planning to burn closer than 150 metres to neighbouring homes; or you are burning an area such as a
field, then a permit from the Department of Environment is required. This is in relation to New Brunswick’s Open Burning Policy which
is currently under review.

Forest Fire Season - During fire season (generally April to November) residents of villages and unincorporated areas must get
permission to burn an open fire from the Department of Natural Resources. DNR regulates the burning of wood and wood products
through their General Regulation - Forest Fire Act. They have 4 categories of material. Category 1 being untreated wood material
that measures 3m x 3m x 2m and can be burned without a permit on permissible days (they have a website and phone number
which you can call into to check whether or not it is a burn day in your area). Category 2 is anything larger than category 1.
Category 3 are blueberry fields and category 4 are forest fuels and grass. Categories 2, 3, and 4 all require a permit from DNR.
Burning of waste is strictly prohibited.
The province strictly prohibits the burning of all domestic waste. Additionally, regardless of whether or not an individual obtains a permit, the
following materials may not be burned:
•
•
animal cadavers/manure;
biomedical waste as defined in the "Guidelines for the Management of Biomedical Waste in Canada", (Canadian Council of Ministers of
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the Environment, 1992);
carpets;
domestic garbage;
electrical wire;
hazardous materials as defined in the Transportation of Dangerous Goods Regulations - Transportation of Dangerous Goods Act
(Canada);
•
petroleum products;
•
plastics;
•
pressure treated lumber or railway ties;
•
refuse or other wastes from commercial, industrial or municipal operations;
•
resins and glues;
•
rubber;
•
roofing shingles;
•
styrofoam;
•
tarpaper;
•
tires;
•
treated/painted wood; and
•
used oil.
Forests Act, Chapter 179 of the Revised Statutes, Sections 22-30
•
•
•
•
Nova Scotia
Forests Act, Chapter
179 of the Revised
Statutes, Sections 2230
The Minister (hence the province) has the responsibility to fight fires in the woods of Nova Scotia, however, any other firefighting regulatory
tools are municipal in nature. Fire season is chosen for individual counties in Nova Scotia, but during fire season, the following rules apply:
1.
2.
3.
4.
5.
6.
7.
During the fire season no person shall ignite a fire or cause a fire to be ignited in the woods or within one thousand feet of the woods
without a valid permit to burn.
Except when a fire proclamation is in effect, no offence is committed where a fire is ignited during the fire season
a) by or on behalf of a person if the fire is for cooking or obtaining warmth or as a distress signal and the fire is made in a suitable
place and precautions are taken against the spreading of the fire;
b) by a conservation officer in the performance of duties;
c) by a person for the disposal of household refuse or garbage if the fire is confined to a suitable container equipped with a spark
arrester, is in an area where there is no brush or flammable material and precautions are taken against the spreading of the fire; or
d) in woods in any federal, provincial, municipal or private campground providing the fire is enclosed in grills designed for that
purpose.
A permit to burn shall be in the form prescribed by the Minister and may be issued by a conservation officer or other person authorized
by the Minister.
A person authorized to issue permits to burn may impose such additional terms and conditions or may refuse to issue permits to burn as
that person deems necessary.
The Minister may designate certain people within the boundaries of a city or incorporated town or village to issue permits to burn.
A fire permit may by verbal or written notice be cancelled or suspended at any time by a conservation officer and upon receiving notice
of such cancellation or suspension, the permit holder shall extinguish any fire started under the permit.
The possessor of a valid burning permit or any person acting on that person's behalf who ignites or causes a fire to be ignited shall take
every reasonable precaution to prevent the fire from spreading and shall not leave the fire unattended until it is extinguished.
During certain times when the Minister deems the risk of fire to be high, travel through Nova Scotia’s woodlands can also be restricted.
Additionally, the following requirements for starting any fires near or in woodlands in Nova Scotia apply.
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No person who is in the woods or within one thousand feet of the woods during the fire season shall throw, drop or otherwise deposit any
burning match, cigarette, cigar or smoking material, live coals, hot ashes or burning substance, or fail to extinguish any such thing.
1.
Ontario
Ontario Ministry of
the Environment and
Climate Change
Ontario Ministry of
Natural Resources
and Forestry, O. Reg.
207/96 Outdoor
Fires)
Guideline C-7
(Under Ontario’s
Environmental
Protection Act, O.Reg.
232/98 section 22, and
O.Reg. 347)
The former MOECC
Landfill Guidance
Manual expands more
on these operational
requirements
Where a person is permitted to ignite a fire pursuant to this Act, that person shall take every reasonable effort to prevent the fire from
spreading and shall not leave the fire unattended until it is completely extinguished.
2. No person shall ignite or cause to be ignited a fire on privately owned land without the permission of the owner or occupier except in an
emergency situation for cooking or warmth or as a distress signal and only if the fire is made in a suitable place and precautions taken
against the spreading of the fire.
3. Every person in charge of a forestry operation, or any other activity, conducted in the woods or within one thousand feet of the woods
shall provide and maintain at the place of the forestry operation such firefighting equipment as is required by the regulations.
4. No person shall operate in the woods or within one thousand feet of the woods any burner, engine, incinerator or other spark emitting
outlet that is not provided with an adequate device for arresting sparks.
5. No person shall refuel or leave unattended a power saw or like equipment in the woods or within one thousand feet of the woods unless
the equipment has cooled to the point where it is unlikely to cause fire or has been put in a place where it is unlikely to start a fire.
6. No person shall, in the woods, store or transport gasoline, fuel oil or a similar volatile flammable substance in a container other than one
approved for the purpose by the Canadian Standards Association.
7. During the fire season, any person in charge of a group entering the woods for any purpose shall ensure that that person and any persons
under that person's charge are fully informed of the provisions of this Act and the regulations pertaining to forest fire protection.
Every person is responsible for complying with the provisions of the Environmental Protection Act. No person shall create a discharge of any
air contaminants that may cause an adverse health effect which is a prosecutable offence under the act. In the event that the fire offence is
related to the burning of waste or hazardous waste materials, the provision of penalties under Ontario’s Environmental Protection Act is
applicable to the offence.
Ontario has several more specific regulatory tools that impact open air burning. Some of these regulatory tools are complimentary, or have
guidelines associated with them that provide further detail regarding safe open burning practices for different purposes. Overall, these tools
can be split into two basic categories: general open burning, and landfill management burning.
Open Burning at Landfill Sites in Ontario (Ministry of the Environment and Climate Change)
Burning for the purposes of landfill management is covered under four regulatory tool and guideline documents at different levels of detail:
•
•
•
•
O.Reg 347 – Waste Management, this regulation describes waste management practices in general, and refers to regulation 232/98 –
Landfilling Sites in order to provide further detail on the proper management of landfills;
O. Reg 232/98 – Landfilling Sites describes proper landfill management techniques, and section 22 of this regulation refers specifically
to open burning at landfill sites;
Guideline C-7 is a guideline for Burning at Landfill Sites, 1994; and
“Landfill Standards: A Guideline On The Regulatory and Approval Requirements For New Or Expanding Landfilling Sites 2012”
provides recommended practices on proper landfill open burning techniques in section 6-5 “Burning of Waste.”
Section 22 of O. Reg 232/98 states that landfilling sites cannot burn mixed municipal solid waste, but may burn clean wood and brush as long
as the burning occurs in the daylight hours under controlled and supervised conditions at a segregated portion of the site.
Open burning is generally unacceptable because of concerns with air emissions, smoke and other nuisance effects, and the potential fire
hazard. The controlled burning of small quantities of clean wood and brush, however, may be permitted in some cases – for example, at
smaller more remote sites.
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Burning
22. (1) The owner and the operator of a landfilling site shall ensure that no
municipal waste is burned at the site as part of the landfilling operation
•
•
MOECC provides a set of operational requirements for the orderly burning of segregated clean wood and brush in a safe and
environmentally- acceptable manner at appropriate landfill sites.
Burning of clean wood and brush should only take place under strictly controlled operational conditions at landfills:
(a) Weather and Atmospheric Conditions: Prohibited during High Air Quality Index, rain or fog and high speed wind
(b) Supervision: Residual ashes should be cleaned and disposed of
(c) Environmental Controls:
-30 m fire break around the area
-No sensitive adjacent land use
-Nearest residence at least 150 m away
(d) Extinguishing Requirements
(e) Access Control: No access by public and unauthorized persons
(f) Resolution of Complaints: Responsibility of the operator to stop burning when complaints arise or problems occur.
General Open Burning under the Forest Fires Prevention Act, O. Reg 207/96 – Outdoor Fires.
(Ministry of Natural Resources and Forestry):
•
The Ministry of the Environment and Climate Change and Ministry of Natural Resources and Forestry and/or local municipal
authorities, where applicable, should be consulted to obtain necessary permits and approvals prior to open burning.
General Open Burning in Ontario
Under O. Reg. 207/96 (Outdoor Fires) of the Forest Fires Prevention Act (FFPA), southern Ontario municipalities are authorized to pass bylaws governing the setting of open air fires. In northern Ontario however, the Ministry of Natural Resources and Forestry (MNRF) retains the
right to restrict all setting of fires within the fire regions. Municipalities in all regions of the province should check with their local MNRF
Offices to discuss plans for new or revised open air burning by-laws. Please note that O. Reg 207/96 has been amended under O. Reg 230/00.
O. Reg 207/96 (and O. Reg 230/00) requires responsible persons to be on site managing the fire, and states that this person (or another
designated responsible individual) be present until the fire is extinguished. Additionally, no fires are to be set in certain areas that the
regulations have dubbed “restricted zones” (these can be identified by searching through Ontario’s MNRF website). Fires may also not be
started outside of fire season (without a permit or within campgrounds), which lasts from April 1st to October 31st. Nothing aside from piled
wood, brush, leaves or discarded wood by-products may be burned, and the material must be put into a single pile less than two metres in
diameter by two metres high.
Other elements of the regulation largely have to do with utilizing incinerators or charcoal devices for combustion, or using equipment such as
power saws etc. in the forest during fires season when an abundance of flammable materials are present. These regulations are geared more
towards forest fire prevention than for emissions control, and were therefore not discussed in this review.
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Prescribed Burning
Ontario allows open air burning on crown land and private land under a burning permit when accompanied by an approved burn plan. These
plans come in the form of a High Complexity or Low Complexity Prescribed burn plans. The plans must be approved by the local land
manager in most cases this is the Regional Director and District Manager. The planning process is quite in depth and requires specialized
knowledge and certification so is generally conducted by Ministry of Natural Resources (MNRF) staff and/or the Forest Industry. There are a
few specialized private companies that are certified to carry out this burning and provide a service in Southern Ontario mainly in the spring to
undertake prescribed burning primarily for hazard reduction, habitat restoration and species at risk. These burns are approved through the
local municipalities under a burn permit and often include the municipal fire departments on the day of the burn.
Persons are allowed to burn grass or leaf litter on their own properties as long as the area to be burned does not exceed 1 hectare, the
responsible person is present until the fire is extinguished, the length of the flaming edge does not exceed 30 metres, and the fire is started no
more than two hours before sunset and is extinguished before sunrise the following day.
Prince Edward
Island
Government of PEI
Department of
Environment, Energy
and Forestry
P.E.I. Environmental
Protection Act – Air
Quality Regulations
P.E.I. Environmental Protection Act – Air Quality Regulations
Chapter F-11
Prevention Act
•
•
•
•
•
•
•
Fire
The burning of any of the following is prohibited unless a valid permit has been granted:
•
•
•
•
•
used lubricating oil;
hazardous substances;
biomedical waste;
motor vehicle tires;
animal or human cadavers;
railway ties and other wood treated with wood preservatives;
waste materials from building or construction sites, or resulting from building demolition, unless permitted under the Fire Prevention
Act;
trash, garbage, litter or other waste from commercial, industrial or municipal operations;
materials containing rubber or plastic;
spilled oil or oil production by-products except as may be required for the purposes of forest management or fire suppression treatment;
materials disposed of as part of reclamation operations; or
animal manure
No burning is permitted at landfill sites or construction and demolition waste disposal sites in PEI. Additionally, no one can burn or permit to
be burned in any industrial source, fuel-burning equipment or incinerator, fuel or waste which the source, equipment or incinerator was not
designed to burn. The burning of municipal solid waste only occurs at the energy-from-waste plant in Charlottetown, a facility that is
permitted under the Air Quality Regulations.
Grass and brush: If you are within 200 metres of burnable vegetation including hedgerows, woods, grassland, dry cereal crops (e.g., grains),
and marshes, a burning permit is required between March 15 and December 1 of each year. Permits, with fire weather index/weather-related
conditions, are available at any District Forestry Office. If the proposed burning location lies within a city of town boundary, they must be
contacted to determine whether open fires are allowed.
Old buildings or parts of old buildings may be burned (e.g., for firefighter training purposes) with a special permit from the Fire Marshal’s
Office.
If the landowner allows, small campfires built in properly constructed sites used for cooking and warmth are allowed without a permit.
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If a fire escapes, the person who started or is tending the fire is liable for the suppression costs and any costs incurred from damages to
neighbouring properties.
Chapter F-11 Fire Prevention Act
Québec (Province)
Direction Générale
Des Changements
Climatiques, De L'air
Et De L'eau
Téléphone : 418 5213861
Environmental Quality
Act O.C. 501-2011
Clean Air Regulation
Title III: Open Air
Burning
Forest Act Title III:
Forest Protection,
Chapter I: Fire
Environment Quality
Act, chapter Q-2, r. 19,
Regulation Respecting
The Landfilling And
Incineration Of
Residual Materials,
Section 115
In addition to the Air Quality Regulations, there are regulatory tools implemented by the Department of Communities, Land and Environment
for the prevention of forest fires. This act contains information on how to investigate fires, how the fire control administration should be
organized, and fines for offenders. These concerns are outside the scope of this project, and will not be discussed further in this review.
Clean Air Regulation Title III: Open Air Burning
Open air burning of residual materials or other combustible materials, even for partial recovery, is prohibited, except in the case of branches,
trees, dead leaves, explosive products or empty explosive containers. This regulation does not apply to burning activities subject to the
provisions of Chapter I of Title III of the Forest Act (R.S.Q., c. F-4.1). It also does not apply to a disposal site to which Division X.1 of the
Regulation respecting solid waste applies, to flares used to burn residual gases produced by landfills, petroleum refineries and petrochemical
plants, or to burning activities carried out in connection with the training of firefighters. The person in charge of the training of firefighters
must ensure that the emissions produced are not likely to affect the life, health, safety, welfare or comfort of human beings, or to cause
damage to or otherwise impair the quality of the soil, vegetation, wildlife or property. The operator of a disposal site has the same obligation.
Forest Act Title III: Forest Protection, Chapter I: Fire
No person may start a fire in or near the forest from 1 April to 15 November unless he holds a permit issued by a fire-ranger for that purpose.
The fire-ranger shall determine, when issuing a permit, the precautions to be taken in the specific circumstances of each permit application. He
shall issue the permit on the conditions determined by regulation of the Government.
A person may, without a permit, start a camp fire or a fire in or near the forest to clear residential or vacation resort land. Every person who
starts a fire in or near the forest shall remain at the site until the fire is completely extinguished .The person shall:
•
clear the place where he intends to start the fire by removing all humus, dead wood, branches, scrub and dry leaves from the surface
within a radius large enough to prevent the fire from spreading;
•
completely extinguish the fire before leaving the premises.
Regulation Respecting The Landfilling And Incineration Of Residual Materials, Section 115
Saskatchewan
The Environmental
Management and
Protection (General)
Regulations
The Cities Act, The
Municipalities Act,
The Northern
Municipalities Act,
2010
No person may burn residual materials in a remote landfill. An operator may not allow the burning of such materials in a remote landfill. This
prohibition is however not applicable to a remote landfill in the North (situated north of the 55th parallel) as defined in section 94 that has a
fire barrier at least 15 m wide and devoid of all vegetation extending outward from the burning area.
The Environmental Management and Protection (General) Regulations
The burning of any of the following substances constitutes an industrial activity and requires a permit to burn in an approved burning device:
•
•
•
•
•
waste or spent lubricating oil;
hazardous substances as defined in The Environmental Management and Protection Act;
hazardous wastes as defined in The Environmental Management and Protection Act;
motor vehicle tires; or
animal cadavers
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The Municipal Refuse
Management
Regulations
The Prairies and
Forest Fire Act
•
•
•
•
•
•
•
railway ties and other wood treated with wood preservatives;
waste materials from building or construction sites;
trash, garbage or other waste from commercial, industrial or municipal operations;
materials containing rubber or plastic;
spilled oil or oil production by-products;
materials disposed of as part of reclamation operations; or
animal manure.
Forest Processing
Plants
The Cities Act, The Municipalities Act, The Northern Municipalities Act, 2010
Slash Burning
Guidelines
The areas of jurisdiction under all three municipal Acts are broad enough to provide municipalities with authority to pass bylaws prohibiting
open air burning.
Copper Wire
Recycling Factsheet
The Municipal Refuse Management Regulations
Guideline for Open
Burning and Disposal
of Wooden Structures
Factsheet
Agricultural Burning
Awareness Publication
Section 9 of The Municipal Refuse Management Regulations outlines the burning requirements at waste disposal grounds. Essentially,
burning may only be carried out at a waste disposal ground if the burning is authorized by a permit.
The Prairies and Forest Fire Act
Provides for the prevention, detection and suppression of prairie and forest fires originating in provincial forests, parks and on unoccupied
Crown lands. It also governs compensation for conscripted fire fighters and authorizes establishment and regulation of fire bans and burning
permit areas.
Forest Operations Standards and Guidelines
Open burning of woody debris generated by forestry operations is allowed between November 1 and February 28, with piles to be
extinguished by March 31. Slash is to be piled in a manner which allows for clean, efficient burning of all materials. All reasonable effort is to
be made to minimize impacts of smoke near communities, residences, and active roads.
Forest Processing Plants
A permit is required for the open burning of wood waste from forest processing plants. Burning of sawdust is prohibited in open fires. Local
residents must be informed prior to the fire. Fire must be extinguished if public concerns arise.
Slash Burning Guidelines
Burning slash piles must be completed within two years after harvest completion. All slash pile ignition shall take place between November 1
and February 28 each year, and:
•
•
•
•
All piles must be extinguished by March 31.
Only the burning of woody debris as a result of forestry operations will be permitted.
Documentation indicating the dates of ignition and extinguishment for piles shall be available for inspection by the Ministry of
Environment officers upon request.
Maps (at the operating area level of detail), showing the location of all harvest blocks and road right-of-ways on which slash piles were
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•
burned during the past operating year, shall be submitted to the local Forest Protection Officer on an annual basis in the licensee’s fire
protection and suppression plan.
Burning of slash shall not damage or destroy adjacent forest products.
Priority should be placed on the spreading versus burning of slash. When determining how to manage slash within the harvest block, consider
the type of reforestation method to be used (i.e. natural or artificial regeneration), site sensitivity to nutrient loss, and slash loading impacts on
regeneration, wildlife habitat and travel, and potential for escaped fires or fire spread.
The following guidelines are recommended for the burning of slash from forestry operations:
•
•
•
•
•
•
•
•
•
•
•
Burn piles as soon as feasible so that land is put back into production. Piles may be left until the year following piling to allow adequate
drying for clean burning.
All piles should be burned on mineral soil or on areas having an average maximum depth of less than 15 centimetres of duff.
All reasonable efforts must be made to avoid placing mineral soil within a slash pile.
Where stakeholder commitments regarding burning have been made (including commitments for firewood gathering), notify the
appropriate stakeholders.
Post signs at the burning site if it is visible to public or where the safety of others may be jeopardized.
Ensure there is a safe escape route planned before lighting a pile, and vehicles are parked a safe distance from burning piles.
Ensure shovels, fire extinguishers, and emergency communications are available.
Piles to be burned should be a minimum of 20 metres from standing timber.
All reasonable efforts should be made to minimize impacts of smoke near communities, residences, and active roads.
The size of piles should be adequate to protect soils, adjacent forest products, allow passage of wildlife and consider aesthetics.
Slash should be piled in a manner, which allows for clean, efficient burning of all materials. Any residue or unburnt materials remaining
post-burn should be spread evenly into the harvest block.
Different types of slash burn management should be practice for different kinds of tree stands, and further details regarding different slash
burn management strategies can be found in the Slash Burning Guidelines.
Copper Wire Recycling
The open burning of copper wire is prohibited under Saskatchewan’s Environmental Management and Protection (General) Regulations.
Metal recyclers and salvage yard operators should not accept copper wire where there are signs or suspicions that the copper wire insulation
has been burned off. Knowingly purchasing or receiving burned copper wire may result in enforcement action or incurring liability should
contamination occur. Storage of burned copper wire could be a violation of The Hazardous Substances and Waste Dangerous Goods
Regulations. Operators should refuse receipt of burned copper wire and report the attempted sale to the ministry.
Guideline for Open Burning and Disposal of Wooden Structures
This guideline outlines the requirements for burning of wood products derived from the demolition of wood buildings and structures.
Saskatchewan encourages the recycling and reuse of salvageable construction materials. However, some elevators or other structures may be
too large for demolition and disposal by conventional methods or have been used for purposes that make the building material unsuitable for
reuse. The waste wood in these buildings may be burned, provided measures are taken to minimize the environmental impact. The
Environmental Management and Protection (General) Regulations prohibit the open burning of certain products that may be contained in
building materials. Prohibited materials must be removed prior to burning.
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Agriculture Burning Awareness Publication/ The Agriculture Operations Act
Open burning of products such as grain bags is unhealthy and prohibited under Saskatchewan’s Environmental Management and Protection
(General) Regulations. Since the spring of 2011, the Saskatchewan’s Provincial Council of Agriculture Development and Diversification
Boards (PCAB), has been running an Agricultural Plastics Recycling Pilot Project, funded through the federal-provincial Growing Forward
framework. Saskatchewan continues to work on the creation of regulations that will see the establishment of a permanent industry-led
recycling program in the future.
Saskatchewan Agriculture provides materials to encourage farmers to use best management practices in managing crop residues, to burn only
as a last resort, and then only in a manner that avoids health and safety risks. As well, the Saskatchewan Agriculture publication Agricultural
Burning Awareness provides links to Environment Canada’s daily ventilation forecast maps, so producers can have first-hand information
about when it is safe to burn.
The Agriculture Operations Act provides a mechanism for resolving disputes from agricultural nuisances. The nuisance provisions of this Act
also provide for the development of guidelines for Normally Accepted Agricultural Practice. Nighttime burning is discouraged in
Saskatchewan. In the evening, especially in the fall, a “shallow atmospheric inversion” often sets up. Air close to the ground cools quickly at
night and smoke is trapped and unable to disperse. Smoke nuisance and health impacts are usually reduced by daytime burning when there is
more air movement and better smoke dispersion. However, care must be taken to contain the fire within the field and to ensure that smoke
does not drift onto highways or over to neighbours.
Northwest
Territories (NWT)
Government of the
NWT (GNWT)
Department of
Environment and
Natural Resources
(ENR) Environment
Division
Air Quality Position
Papers
The NWT has two “position papers” that outline acceptable practices for open burning. One of these position papers outlines acceptable
practices regarding the open burning of municipal solid waste (MSW), and the other position paper discusses building demolition and fire
extinguisher training.
Air Quality Position Paper - Municipal Solid Wastes Suitable for Open Burning
The only MSW products that are considered suitable for open burning are paper products, paperboard packaging, and untreated wood wastes.
Appropriate materials should be separated from other MSW and burned in a controlled manner that is separate from the landfill so the fire
cannot spread. Standard burning conditions shall apply to burning such as on days where winds are light, blowing away from the community,
in manageable volumes so that fires do not get out of control, having applicable permits and managed by an authorized, qualified person from
the community.
Air Quality Position Paper - Burning and Demolition of Buildings and Fire Extinguisher Training
Buildings may be burned for demolition purposes or for fire training purposes, however, the following conditions must be met before the burn
is commenced:
1.
2.
3.
4.
5.
6.
7.
•Approval is obtained from the local municipality, the Office of the Fire Marshal or his designate,
A fire instructor must be on site to ensure these conditions are met and the burn is conducted in a safe manner.
A competent person shall inspect the building and property to confirm no human or wildlife is present.
The proponent must take all reasonable steps to ensure that any fire does not spread from the intended structure to surrounding
structures.
Sufficient fire response capacity including equipment and personnel should be on site to deal with an escape fire threatening other
structures or values.
Any fire must be attended until the fire has been completely extinguished (Forest Protection Act, R.S.N.W.T.).
The building owner must approve of the burn.
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8. A minimum amount of accelerant should be used. Acceptable accelerants include uncontaminated refined petroleum products.
9. No extra materials can be added to the structure and the fire cannot be used to dispose of domestic, institutional or commercial garbage.
10. Wind direction should be such that the resulting smoke is blown away from populated areas and buildings, or people should be advised
in advance of the fire practice burn.
Additionally, the following materials must first be removed from the house to prevent the release of toxic chemicals during the burn:
Nunavut
Environmental
Protection Act
•
asbestos insulation, siding, shingles and other materials;
•
urea formaldehyde foam insulation;
•
vinyl siding;
•
synthetic carpets;
•
linoleum;
•
fluorescent fixtures including the ballast and fluorescent tubes;
•
glycols from heating systems;
•
refrigerant agents (i.e. chlorofluorocarbons and ammonia) from refrigeration and air conditioning systems;
•
PVC and ABS piping and other plastics, where accessible;
•
thermostats that contain mercury switches;
•
fire extinguishers;
•
rubber;
•
pesticides, paints, solvents and cleaning, maintenance and other unused chemicals;
•
smoke detectors; and
•
treated wood, where practical.
Environmental Protection Act
The Environmental Protection Act bans the discharge of contaminants into the environment, which includes the atmosphere. The following
exemptions apply:
•
•
•
•
•
•
•
•
•
the discharge is authorized by this Act or the regulations or by an order issued under this Act or the regulations;
the contaminant has been used solely for domestic purposes and was discharged from within a dwelling house;
the contaminant was discharged from the exhaust system of a vehicle;
the discharge of the contaminant resulted from the burning of leaves, foliage, wood, crops or stubble for domestic or agricultural
purposes;
the discharge of the contaminant resulted from burning for land clearing or land grading;
the discharge of the contaminant resulted from a fire set by a public official for habitat management of silviculture purposes;
the contaminant was discharged for the purposes of combating a forest fire;
the contaminant is a soil particle or grit discharged in the course of agriculture or horticulture; or
the contaminant is a pesticide classified and labelled as "domestic" under the Pest Control Products Regulations (Canada).
No further regulatory tools regarding open air burning in Nunavut were identified, however an “Environmental Guideline for the Burning and
Incineration of Solid Wastes” has been published by the Department of the Environment in Nunavut. On a municipal level, a similar situation
exists, as 22 of the 25 communities in Nunavut open burn their municipal waste on a regular basis. Though open burning is not ideal, it is
deemed necessary to reduce the volume and deter wildlife. The remaining three communities either have by-laws in place that prohibit the
open burning of waste, or ban it because it interferes with their airport operations.
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Yukon
Government of
Yukon
Environment Yukon
Air Emissions Permit
under the Environment
Act – Solid Waste
Regulation
Open Air Burning
Burning is permitted under the Solid Waste Regulations of the Environment Act. It must be conducted in accordance with the Air Emissions
Regulations, which regulate which materials can and cannot be burned and require permits for the open burning of more than 5kg of solid
waste per day. In addition, the Regulations stipulate that burning may only be conducted in appropriate meteorological conditions.
Open burning of garbage is currently being phased out at all public waste disposal facilities in the Yukon, and must cease no later than
January 1, 2012. Commercial dumps may continue open burning after this date.
Solid waste may still be incinerated in a certified incinerator, which reduces the amount of pollution produced. An incinerator was installed in
one remote community in July of 2012.
Commercial dumps (e.g. sites for the disposal of waste generated by commercial entities) continue to practice open burning pending
development and implementation of a policy restricting this practice (currently on hold). This is the most common method of solid waste
management at commercial sites. Open burning must be conducted in accordance with permits (for more than 5kg of solid waste per day),
which identify which materials can and cannot be burned and require operators to prevent smouldering.
Blaine Lake,
Saskatchewan
Québec City,
Québec
Bylaw No. 4/2006 –
Open Air Fires
Règlement R.V.Q.
1207
Règlement Sur La
Yukon currently has no requirements related to fire size, setback distances (other than for public facilities as a whole), burn durations, or wind
velocity. Facilities are covered by fire bans issued periodically by Wildland Fire Management. Facilities are not required to issue air quality
advisories when burning. Summary conviction penalties for failing to adhere to permit conditions are $250.
Bylaw No. 4/2006 – Open Air Fires
Open-air fires shall not be set unless the following measures are taken to limit their spread:
•
fires shall be contained in a non-combustible receptacle constructed of cement, brick or sheet metal with a minimum 18-gauge thickness;
•
a receptacle shall be covered with a heavy gauge screen with openings not exceeding 13 millimetres; and
•
the fuel for open-air fires shall consist only of charcoal or cut, seasoned wood.
•
The burning of the following material is prohibited:
o
rubbish;
o
newspaper and cardboard;
o
garden refuse;
o
manure;
o
livestock or animal carcasses; and
o
any material which when burned will generate black smoke or an offensive odour including insulation from electrical wiring
or equipment, asphalt roofing materials, hydrocarbons, plastics, rubber materials, creosoted wood or any similar material.
•
Open-air fires shall be reasonably supervised so as to prevent their spread.
•
Open-air fires shall be adequately ventilated to ensure proper combustion and to prevent an unreasonable accumulation of smoke.
•
Open-air fires shall not be set in windy conditions conducive to creating a running fire or a nuisance to another person.
•
If smoke from an open-air fire causes an unreasonable interference with the use and enjoyment of another person’s property, the fire
shall be extinguished immediately.
The Council may issue a “Permit” to a person to set an open-air fire as part of a block party, community event or similar special function or
celebration. In this event, the Council may waive any requirements of this Section with respect to the permitted open-air fire, but the permittee
shall comply with all other requirements of this Section and any other conditions attached to the Permit by the Council.
Chapter VII Outdoor Fires
Open Air Burning
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Prévention Des
Incendies
(Regulation on Fire
Prevention)
Chapter VII Outdoor
Fires
Lévis, Québec
City Council,
Règlement RV-201009-41 Sur Les
Nuisances, La Paix,
L’ordre, Le Bon
Gouvernement, Le
Bien-Être Général, La
Sécurité Et Les
Animaux (Regulations
On Nuisances, Peace,
Order, Good
Governance, General
Well-Being, Security,
And Animals)
No person is allowed to ignite, feed, or maintain an open air fire on city property without having first obtained written permission from the
Division de la Prévention du Service de Protection Contre l’Incendie (division of fire safety). All requests must be made at least seven days
before the scheduled event. The following elements must be considered by the authorizing personnel:
•
The ability to control the fire;
•
The physical site characteristics;
•
The size of the fire;
•
Types of combustible material to be burned;
•
Forecasted weather conditions;
•
The available fire-extinguishing equipment.
Outdoor Fireplaces
•
No accelerant or petroleum-derived product may be burned in an outdoor fireplace;
•
No garbage may be burned in an outdoor fireplace;
•
No such fire may be left unattended by an adult until it is fully extinguished;
•
No outdoor fireplace may be operated at less than 3m from a building or other combustible material.
City Council, Regulation RV-2010-09-41
Smoke and Sparks
These constitute a public nuisance and it is prohibited to cause or allow the emission of sparks, cinders, soot, or ash from a chimney, outdoor
fireplace, or other source such as to cause a risk of fire or a public nuisance.
Open Air Burning
Open air burning is prohibited with the exception of camp fires, bonfires, grass fires, or forest/wood-clearing fires. It is prohibited to:
•
Start an open air fire when the fire risk is extreme, as established by the Société De Protection Des Forêts Contre Le Feu Du Québec
(SOPFEU).
•
Start an open fire is the site is less than 100 metres from a gas station, factory, or building containing or manufacturing explosives,
chemicals, fuel, or flammable materials.
Camp Fires
It is prohibited to light a camp fire unless all the following conditions are met:
•
The surface area of the fire is no larger than 1m2
•
The fire is at least 3m away from any building or combustible material
•
The fire is surrounded by a structure (earth, stone, brick, etc.) in order to prevent it from spreading
•
A person of at least 18 years of age must remain in proximity until the fire is extinguished
•
Only wood may be burned in the fire
•
Items to extinguish the fire must be present at all times within 15 m.
Bonfires, forest/wood-clearing fires, grass/brush fires
Such fires are allowed provided that written authorization from the city has been obtained. The city reserves the right to revoke or refuse
permission if it determines that the atmospheric conditions present a fire risk to the area. The following conditions must be met during such a
fire:
•
A person of at least 18 years of age must remain in proximity until the fire is extinguished
•
Items to extinguish or control the fire should it become out of control must be present at all times.
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•
•
•
Rural Municipality
of Cornwallis,
Manitoba
Bylaw No.
1625/02/2011 – The
Burning By-Law
Tires or any rubber-based material can never be burned in a fire.
The fire must be at least 10 m away from any building or flammable liquid
In the case of a forest/wood-clearing fire or a brush/grass fire between April 1 and November 15 of each year, combustible material is to
be piled or placed in rows to a maximum height of 2 metres and on a maximum of twenty-five square metres. A firewall must be
constructed between the forest or any combustible material and materials destined for burning by removing any combustible material
from the surface over a distance of at least 5 times the height of the piles;
•
In the case of a bonfire, the fire must be surrounded by a barrier preventing it from spreading. The surface area covered by the fire must
not surpass 3m2
Bylaw No. 1625/02/2011 – The Burning By-Law
Outdoor burning within Cornwallis must be supervised by the owner or occupier of the land or a person authorized by the owner or occupier
of the land. In order to start a fire “reasonable precautions” must be taken to ensure safety, and fires cannot be started when weather conditions
are not conducive to a fire staying under control. No person shall cause an outdoor fire to be started in order to guard property; clear land or
burn debris; burn crop, stubble or grass; unless the land on which the fire is started is completely surrounded by a fire guard consisting of:
i.
ii.
ii.
Winnipeg, Manitoba
Neighbourhood
Liveability Bylaw Part
6, Section 72
a strip of land free of flammable material, or of sufficient width to control the fire
by natural or man-made barriers, water, or
by a combination of (i) and (ii).
Smoke from an outdoor burn cannot pose a hazard to the health of any person or reduce the visibility on any road or highway, and all fires
must be extinguished when unsupervised.
Neighbourhood Liveability Bylaw Part 6, Section 72
Open burning is prohibited in the city of Winnipeg without a permit. Fires can be set within approved appliances, portable barbecues, within
approved receptacles and in outdoor fire pits provided as fixtures in campgrounds or parks owned by the city. The following rules apply to all
open fires within city limits:
•
•
•
•
•
•
the fire is always supervised by a person 18 years of age or older until and unless it is fully extinguished;
the fire is always kept under control;
an adequate supply of water, sand or some other means of controlling and extinguishing the fire is readily accessible;
the fire is not set or maintained in conditions or locations which will or could result in:
o
reduced visibility on any highway or road;
o
a rapid spread of fire through grass or brushed area;
the fire is not set or maintained when the wind exceeds 25 kilometres per hour (15 miles per hour);
if the fire becomes uncontrollable or spreads beyond its assigned limits, the Winnipeg Fire Paramedic Service is alerted by calling 911.
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2. United States
Introduction
This chapter contains the jurisdictional review table for the U.S. as it pertains to risk
management instruments to mitigate the use/impacts of open air burning. The full range
of risk management instruments were considered for inclusion in the table, for instance
regulations, guidelines, codes of practice, etc. In addition, information tools (e.g.
pamphlets, posters, etc.) were also considered. These information tools discussed the
prohibition of certain open air burning activities in the jurisdictions as well as best
management practices to employ when open air burning was undertaken. Many of the
risk management instruments and best management practices that were identified were
designed more for preventing accidental fires from beginning as a result of open air
burning activities. We have not made judgments at this stage in the project in terms of
relevance for the eventual preparation of the Guidance Document. As a result, the vast
majority of the information that was identified during our review has been included in the
summary of each of the jurisdictions researched.
Risk management instruments are identified and described at the federal, state and
municipal level in the U.S. With respect to federal initiatives, those established by the
U.S. Environmental Protection Agency are outlined. In terms of individual U.S. states, all
50 states are reviewed, including the 10 states that were previously reviewed in support
of the Model Municipal Code of Practice for Open Air Burning in Ontario. Additional
research was conducted on these 10 states to ensure that the information presented (in
terms of depth and coverage) in this chapter was consistent across all 50 states. Finally,
five case studies were conducted on municipalities in the U.S. in terms of their open air
burning risk management instruments. The information in the jurisdictional review table
is presented first for federal initiatives, then by state (alphabetically) and finally the five
case study municipalities are presented.
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Table 2: Summary of U.S. Risk Management Instruments Related to Open Air Burning
Jurisdiction
Name
Federal
Contact
Information
U.S.
Environmental
Protection
Agency
By-law or Other
Instrument Name
Clean Air Act –
National Ambient
Air Quality
Standards
Alabama
Alabama
Department of
Environmental
Management
Chapter 335-3-3,
Control of Open
Burning and
Incineration
Provision Details
Clean Air Act – National Ambient Air Quality Standards
•
The Clean Air Act requires the U.S. EPA to set National Ambient Air Quality Standards for pollutants considered harmful to public
health and the environment. The Clean Air Act identifies two types of national ambient air quality standards. Primary standards provide
public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly.
Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops,
vegetation, and buildings. National Ambient Air Quality Standards have been established for six principal pollutants: (i) carbon
monoxide; (ii) lead; (iii) nitrogen dioxide; (iv) ozone; (v) particle pollution; and (vi) sulphur dioxide.
•
If any area within the U.S. does not meet the minimum National Ambient Air Quality Standards regarding these pollutants, they are
labelled as “non-attainment areas.” Non-attainment areas have more stringent air quality standards, and certain activities allowed within
areas that meet the national ambient air quality standards are not allowed in non-attainment areas. Throughout this regulatory review,
there may be references made to open burning activities not being permitted within “certain areas” or non-attainment areas, and this is a
result of these particular areas of the states failing to meet specific National Ambient Air Quality Standards.
Chapter 335-3-3, Control of Open Burning and Incineration
(1) Open burning is not permitted, except as follows:
•
open fires for cooking food for human consumption on other than commercial premises;
•
fires for recreational or ceremonial purposes;
•
fires to abate a fire hazard, providing the hazard is so declared by the fire department or fire district having jurisdiction;
•
fires for prevention or control of disease or pests;
•
fires for training firefighting personnel;
•
fires for the disposal of dangerous materials where there is no practical alternative and the burning is approved by the director;
•
fires set for recognized agricultural, silvicultural, range, and wildlife management practices;
•
fires set in devices used for heating using only wood, vegetation, coal, propane, kerosene, fuel oil or used oil (used by construction or
other workers for heating purposes); and
•
open fires specifically approved by the director.
(2) Open burning may also be conducted for the purposes listed below if it complies with all applicable laws, ordinances, regulations, and
order of governmental entities having jurisdiction:
•
open burning of any vegetation or untreated wood may be conducted if it is generated by clearing or maintaining land, or from
demolition or operations conducted for any of the following:
•
erection of any structure;
•
construction of any transportation, utility or communications line;
•
maintenance of rights-of-way;
•
development or modification of a recreational or commercial area; and
•
plant husbandry practices.
Any open burning authorized by (2) must comply with the following conditions:
•
the burning must take place on the property on which the combustible fuel originates;
•
the location of the burning must be at least 152 metres (500 feet) from the nearest occupied dwelling located on a property on which the
burning is conducted;
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•
•
•
•
•
Alaska
Arizona
Alaska
Department of
Environmental
Conservation
Arizona
Department of
Environmental
Quality and Air
Pollution
Control
Division of Air
Quality, Air Permits
Program, Open
Burning Policy and
Guidelines
Emissions From
Existing and New
Nonpoint Sources –
Unlawful Open
Burning, 49-501
Emissions From
Existing and New
Nonpoint Sources –
Unlawful Open
Burning, R18-2-602
the burning must be controlled so as to avoid creating a traffic hazard on any public road, street, or highway as a result of the air
contaminants emitted;
only vegetation and untreated wood may be burned. It is unauthorized to open burn heavy oils, asphalt products, plastics, vinyl
materials, insulation, paper, cardboard, natural or synthetic rubber, salvage or scrap materials, chemicals, garbage, treated or painted
wood, or any trash;
initial burning may be commenced only between the hours of 8:00 a.m. and 3:00 p.m. No combustible materials are to be added to the
fire between 3:00 p.m. and 8:00 a.m. the following day;
burning can be conducted only when there is good ventilation and when the prevailing wind direction is away from any built-up area in
the vicinity. No burning shall be conducted in areas under a current air stagnation advisory issued by the National Weather Service or
during a “Drought Emergency” declared by the Governor; and
the fire must be attended at all times.
In certain counties, no open burning, including the open burning as described above, is permitted during the months of May, June, July,
August, September and October.
Division of Air Quality, Air Permits Program, Open Burning Policy and Guidelines
Open air burning is permitted, but the individual carrying out the burn must comply with the following limitations:
•
burning asphalt products, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materials in a way
that gives off black smoke is prohibited;
•
burning pesticides, halogenated compounds, cyanic compounds, or polyurethane products is prohibited;
•
burning putrescible garbage, animal carcasses, or petroleum based materials is prohibited if it causes black smoke; and
•
open burning is prohibited between November 1st and March 31st in a wood smoke control area.
Exceptions to the above rules are made in instances of controlled burning to manage forest land, vegetative cover etc. (with written
department approval if the area to be burned exceeds 40 acres yearly), and firefighter training. Additionally, the department may issue air
advisories or warnings and will request voluntary curtailments from permit holders.
Emissions From Existing and New Nonpoint Sources – Unlawful Open Burning, 49-501
Outdoor burning is not permitted, except under the following circumstances:
•
fires used for cooking, warmth or recreational purposes, or the branding of animals or orchard heaters for frost protection;
•
fires set by public officers, the director of the department of agricultural or his/her agents, or the federal government or any of its
departments in the performance of their duties;
•
fires set in accordance with a permit that was issued;
•
the disposal of dangerous materials for which there is no safe alternative method of disposal;
•
permits that are issued must contain the following conditions: (i) conditions limiting the manner and time of setting the fire; (ii) a
provision that all burning will be extinguished upon the request of the director (in case of inadequate smoke dispersion, visibility
impairment that could affect public safety etc.);
Emissions From Existing and New Nonpoint Sources – Unlawful Open Burning, R18-2-602
•
This regulatory tool includes all of the requirements outlined in 49-501, and also provides additional detail. The following outdoor fires
do not require an open burning permit from the Director or a delegated authority - fires used only for cooking food, providing warmth
for human beings, recreational purposes, the branding of animals, orchard heaters for frost prevention in farming or nursery applications,
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Arkansas
Arkansas
Department of
Environmental
Quality
Arkansas State Air
Pollution
Control
Regulations Section
18.6
Burning Yard Waste
in Arkansas (Act
1151 of 1997)
and the proper disposal of flags. Additionally, any fire set by a public official in the performance of their duty for the control of an active
wildfire or firefighting instruction does not require a permit.
•
Other outdoor fires require a permit - the following outdoor fires are allowed if a permit has been issued:
•
construction burning;
•
agricultural burning;
•
residential burning;
•
prescribed burns conducted on private lands without the assistance of a federal or state land manager;
•
any fire set or permitted by a public officer in the performance of official duty, if the fire is set or permission given for the purpose
of weed abatement, or the prevention of a fire hazard;
•
fires for the disposal of dangerous materials;
•
fires for the disposal of household waste; and
•
fires that use an air curtain destructor.
•
Any permits issued under this regulation must include a list of materials that the permittee may burn, and a requirement that the
permittee prevent the dispersion of smoke into populated areas, prevents visibility impairments on travelled roads or at airports, and does
not create a nuisance or adversely affect public safety. Additionally, permits must contain a list of the different types of emission
reduction techniques that the permittee will use to minimize fire emissions. The permit will state that the fire cannot be set within 15
metres (50 feet) of any structure, and that the burn will be attended at all times that the burn cannot be conducted during air stagnation
advisories.
•
Household waste may be burned in Arizona, but only if the waste is burned in an approved waste burner and the waste was generated
on-site on farms or ranches of 40 acres or more where no household waste collection or disposal service is available or the waste was
generated on-site where no household waste collection and disposal service is available and where the nearest other dwelling unit is at
least 152 metres (500) feet away.
Arkansas State Air Pollution Control Regulations Section 18.6
Under this regulation, no person may burn refuse, garbage, trade waste, or other waste material, or conduct salvage operations by open
burning. This regulation does not apply to the following:
•
fires used for non-commercial cooking for food and recreational purposes, including barbecues and outdoor fireplaces used in
connection with any residence;
•
open burning related to agricultural activities including, but not limited to, clearing previously uncultivated lands and burning of stubble
and other debris on previously harvested fields; provided however, that this exemption shall not be extended to the disposal, by open
burning, of waste products generated by cotton gins, or similar equipment used in a manufacturing process or to the disposal by open
burning of fowls or animals;
•
controlled fires used for purposes of forest and wildlife management, provided that such fires are used and burned when winds are
blowing away from populated areas which might be affected;
•
controlled fires used only for purposes of on-site land clearing operations;
•
smokeless flares or safety flares from the combustion of waste gases, provided that all other applicable provisions of this Code are
complied with;
•
open burning of the site or origin of waste hydrocarbon products from oil exploration, development, or production, or from natural gas
processing plants, or from materials spilled or lost from pipeline breaks, where, because of the isolated location, such waste products
cannot be reclaimed, recovered, or disposed of lawfully in any other manner;
•
fires set or authorized by any public officer, board, council, or commission when the fire is set or permission to burn is given in the
performance of the duty of the officer for the purpose of weed abatement, or the prevention or elimination of a fire hazard; or fires set
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•
California
California Air
Resources
Board
San Joaquin
Valley\
State of California –
Smoke Management
Guidelines for
Agricultural and
Prescribed Burning
San Joaquin Valley
– Rule 4103 Open
Burning
San Joaquin Valley
– Rule 4106
Prescribed Burning
and Hazard
Reduction Burning
for the purposes of the instruction in methods of firefighting or for civil defense instructions; and
open burning incident to on-site clean-up operations resulting from transportation accidents where, because of the isolated location, the
material to be burned cannot be reclaimed or recovered, or where there is no other practical, safe, or lawful method of disposal;
provided, however, that the Director shall be notified of the exact location, and the nature and quantities of materials to be burned prior
to ignition; and provided, further, that such burning shall be conducted in accordance with the written approval of the Director. At his or
her election, the Director’s approval may be delivered by telephone, and confirmed, thereafter, in writing, in the case of an emergency.
Burning Yard Waste in Arkansas (Act 1151 of 1997)
This Act is meant to discourage the open burning of waste, and enforcement of the Act is meant to proceed via educational efforts. No citation
or civil fine can be given for the open burning of brush or yard waste unless:
•
the offender consistently offends surrounding landowners via their actions;
•
they cause a fire hazard to the surrounding property; or
•
they cause a safety hazard by obscuring visibility on public roads or highways.
Any fine or citation must be preceded by a warning order, additionally, nothing in the act can be allowed to impair the authority of local fire
control officials to abate fire hazards.
•
California’s open air burning regulations are structured differently from the open air burning regulations in the rest of the U.S. California
has a variety of territories, including mountains, valleys, and areas of intense agriculture, urban areas with no agriculture whatsoever,
and areas of marshland habitat. As a result, the State of California does not have detailed regulatory requirements regarding open air
burning, and this task is instead left to the 35 individual districts within California. The California Air Resources Board (CARB) has an
overarching infrastructure that requires districts to create their own regulations to limit emissions from open air burning and achieve air
quality targets (which requires differing approaches in different districts). In conversations with CARB, San Joaquin Valley was
described as having a wide range of land uses including: agricultural land, highly populated urban centres, a hazardous waste landfill,
gateways to national parks and forests, oil and gas development, a coal burning power plant, glass plants and a port. As a result of this,
the San Joaquin Open Air Burning regulations are multifaceted and deal with a number of challenges, and were therefore selected for
review within this report.
State of California – Smoke Management Guidelines for Agricultural and Prescribed Burning
•
Before San Joaquin is described, however, the Smoke Management Guidelines for Agricultural and Prescribed Burning must be
discussed. The guidelines are designed to ensure that each individual district creates a program that meets their specific needs to improve
air quality. There are 15 “air basins” in California, and many of these encompass more than one air district. These air basins each
represent a land area with generally similar meteorological and geographic conditions throughout. To the extent possible, air basin
boundaries are defined along political boundary lines. Every day, each individual air basin will make a decision regarding whether the
day will be a “no burning day”, a “marginal burning day”, or a “permissive burn” day. The air basins make their decisions based on
several factors, including meteorological conditions such as current air quality, temperature (difference between surface temperature and
the temperature at certain heights above sea level depending upon the basin), wind-speed, daytime wind direction, and other factors.
•
Once the type of burning day has been decided upon for each district, each district will then decide what burns to allow for the day. A
“no burning” day will not include any burning. If the day has been labelled as a “marginal burning” day, the districts within the air basin
may decide to let several small burns occur, or potentially one larger burn. On “permissive burning days” more burning will be allowed,
but the district will still authorize a certain number of requested burns depending upon the exact conditions.
San Joaquin Valley – Rule 4103 Open Burning
•
Open burning is generally prohibited in the San Joaquin Valley, and, as detailed above, nearly any open burning that occurs in California
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must be approved by the district the burning is to take place in. Rule 4103 refers to general open burning and agricultural open burning.
Prescribed burning and hazard burning are covered in rule 4106 (discussed below).
The following types of open burning are exempt from Rule 4103 and other open burning regulations in the San Joaquin Valley:
•
open outdoor fires used solely for the purpose of cooking food for human consumption, campfires, and religious ceremonial fires, where
the combustible material is clean, dry wood or charcoal;
•
the prevention of an imminent fire hazard declared by a fire agency that cannot be abated by any other means;
•
the setting of backfires necessary to save life, and/or in the defense of assets at risk; and
•
the burning of agricultural waste or crops pursuant to a lawful abatement order issued by the local county agricultural commissioner.
Additionally, firefighter training is also exempt from the requirements of the regulation, but can only be practiced if written authorization
from an air pollution control officer (APCO) is obtained. There are also several activities that are exempt from “no burn” day provisions, but
still require a permit, these activities include:
•
the burning of empty sacks which contained pesticides or other toxic substances;
•
the burning of paper raisin trays;
•
other agricultural burning, if the denial of such burning would threaten imminent and substantial economic loss, and which is conducted
pursuant to the following provisions:
o
The air pollution control officer may only authorize such burning when downwind metropolitan areas are forecast by the
District to achieve the ambient air quality standards and/or a fire agency has not declared a no-burn day due to safety issues;
and
o
The District shall limit the amount of acreage that can be burned on any one no-burn day in any one county to 200 acres.
•
The burning of contraband is exempt from the no-burn day restrictions.
Aside from the exemptions detailed above, outdoor fire use for the purpose of disposal or burning of petroleum wastes; demolition or
construction debris; residential rubbish; garbage or vegetation; tires; tar; trees; wood waste; or other combustible or flammable solid, liquid or
gaseous waste; or for metal salvage or burning of motor vehicle bodies is not permitted. Whether or not any specific burn is permitted is based
upon several factors, such as the predicted meteorological conditions and whether the total tonnage to be emitted would allow the volume of
smoke and other contaminants to cause a public nuisance, impact on smoke sensitive areas, or if the burn would create or contribute to an
exceedance of an ambient air quality standard.
Agricultural burning must follow the conditions outlined above, and can only be conducted with permit approval. However, in addition to the
above requirements, the following rules apply to agricultural burns:
•
permits cannot be issued for burning the following, except for specific crops described below:
o
field crops;
o
prunings;
o
weed abatement (except as described below);
o
orchard removals;
o
vineyard removal materials;
o
surface harvested prunings;
•
the burning of all agricultural waste (including waste types prohibited above) can be permitted under certain circumstances, if all of the
following criteria are met:
o
the Board determines that there is no economically feasible alternative means of eliminating the waste;
o
the Board determines that there is no long-term federal or state funding commitment for the continued operation of biomass
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facilities in the San Joaquin Valley or development of alternatives to burning;
the Board determines that the continued issuance of permits for that specific category or crop will not cause, or substantially
contribute to, a violation of an applicable federal ambient air quality standard; and
o
The California Air Resources Board concurs with the Board’s determinations pursuant to this section.
weed abatement can be practiced if the farmer can show that there is no other more feasible method for weed abatement than burning.
The San Joaquin district has a list of “best practices” for weed abatement and a farmer must demonstrate that none of these methods will
achieve required weed abatement goals in order for a burn to be authorized;
agricultural waste cannot be burned unless it is arranged or loosely stacked in a manner to promote drying and ensure combustion with a
minimum of smoke production;
agricultural waste may only be ignited with an approved ignition device;
agricultural waste cannot be burned unless it is free of excessive dirt, soil, and visible surface moisture;
agricultural waste that includes plastic, rubber, ornamental or landscape vegetation, shop wastes, construction and demolition material,
garbage, oil filters, tires, tar paper, broken boxes, pallets, sweatboxes, packaging material, packing boxes or any other material produced
in the packing or processing of agricultural products, and pesticide and fertilizer containers (except sacks burned in the field where they
were emptied) cannot be burned;
orchard or vineyard removal waste, or any other material, generated as a result of land use conversion from agricultural to nonagricultural purposes cannot be burned;
agricultural waste cannot be burned unless it has been allowed to dry for the following time periods:
o
prunings and small branches – three weeks;
o
large branches – six weeks;
all burns must be monitored and attended to prevent smoldering
no agricultural waste can be burned except during daylight hours; and
all burning must be ignited as quickly as practicable within applicable fire control restrictions.
o
•
•
•
•
•
•
•
•
•
•
Field crop burning is also practiced with the San Joaquin Valley, and a set of slightly different restrictions are imposed on field crop burning
than on general agricultural burning:
•
crop burning cannot commence before 10 am or after 2 pm unless local conditions indicate other hours are appropriate;
•
rice, barley, oat, and wheat straw shall be ignited only by strip firing into-the-wind or by backfiring, except under a special permit issued
by the District when and where extreme fire hazards are declared by the public fire protection agency to exist, or where crops are
determined by the District not to lend themselves to these techniques;
•
all rice harvesting shall employ a mechanical straw spreader to ensure even distribution of the straw with the exception that rice straw
may be left in rows, provided it meets drying time criteria shown below, rice straw may also be left standing provided it meets the
crackle test criteria described below;
•
The following are the minimum drying periods that must be allowed post harvesting before rice straw can be burned;
o
Spread rice straw – 3 days;
o
Rowed rice straw – 10 days;
o
Standing rice straw may be burned if a representative handful of said straw makes a crackling noise when it is bent sharply;
•
If, during the drying period, rainfall occurs, the drying period is suspended and the rice straw may only be burned if it passes the crackle
test described above;
•
The air pollution control officer may require additional conditions based on the condition of the materials to be burned.
Ditch bank and levee maintenance must also follow the requirements discussed above for general agricultural burning, however, in addition:
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•
•
Colorado
Colorado
Colorado Air
trash and debris must be removed prior to burning; and
the material has to have been prepared by stacking, drying, or other methods to promote combustion as specified by the district.
San Joaquin Valley – Rule 4106 Prescribed Burning and Hazard Reduction Burning
•
Open burning is generally prohibited in the San Joaquin Valley, and, as detailed above, nearly any open burning that occurs in California
must be approved by the district the burning is to take place in. Rule 4106 refers specifically to burns utilized to clear flammable
vegetation away from buildings or structures (hazard reduction burning) and burns used for forest management, wildlife habitat
management, range improvement, fire hazard reduction, wilderness management, weed abatement, watershed rehabilitation, vegetation
manipulation, disease and pest prevention, and ecosystem management (prescribed burns).
•
Open outdoor fires cannot be used for the purpose of disposal or burning of lawn clippings or other garden wastes, ornamental
shrubbery, household wastes, petroleum wastes; demolition or construction debris; residential rubbish; garbage or vegetation; tires; tar;
trees; wood waste; or other combustible or flammable solid, liquid or gaseous waste; or for metal salvage or burning of motor vehicle
bodies. Vegetation that is approved for burning must be in a condition that will facilitate combustion and minimize the amount of smoke
emitted during combustion. This means that the vegetation must not be burned unless it is free of excessive dirt, soil and moisture, and
cannot be burned unless it is arranged or loosely stacked in such a manner as to promote drying and ensure combustion with a minimum
of smoke production. Vegetation can only be ignited using an air pollution control officer (APCO) approved ignition device.
If a prescribed burn is approved, several requirements apply to the burn:
1. A person who sets, permits, or otherwise conducts a prescribed fire is responsible for conducting a prescribed burn shall, prior to the
burn, have taken and completed a prescribed burning smoke management training class approved by the air pollution control officer.
Persons responsible for projects less than 10 acres in size or projected to produce less than 1 ton of particulate matter shall be exempt
from this requirement.
2. For a multi-day burn which may impact smoke sensitive areas, a land manager or his or her designee shall coordinate daily with the
District or the CARB to affirm that the burn project remains within the conditions specified in the smoke management plan, or whether
contingency plans must be implemented.
3. Wastes shall be windrowed or piled where possible, unless good silvicultural practice dictates otherwise.
4. The burn shall be ignited as rapidly as practicable within applicable fire control restrictions.
5. Prescribed smoke and fire conditions contained in the smoke management plan shall be met before any ignition of the burn. Ignition of a
prescribed burn shall not occur on a no-burn day.
6. Unless good management practices dictate otherwise, no brush or unwanted trees shall be burned unless they have been felled, crushed,
or uprooted with mechanical equipment, have been desiccated with herbicides, or are dead for a minimum of six (6) weeks prior to the
burn.
•
Several other requirements for managing smoke also pertain to any prescribed burning that is allowed in San Joaquin. Depending upon
the size of the prescribed burn, the persons involved must provide a description of the planned burn, including maps, and a description of
the type of fuels and the amount of fuels in tons or acres. For larger burns, factors such as the distance and compass headings of smoke
sensitive areas within five miles, a description of the wind speed and direction necessary for the burning, and a description of the
anticipated duration of the project’s smoke production from ignition to burn is also required. Even larger projects (such as those
involving over 250 acres) have a long list of factors that need to be understood and communicated to the district before such a project is
allowed to proceed.
•
Naturally ignited fires are also managed in San Joaquin. When a natural ignition occurs, the district will make a decision (based on
whether it is a “no burn,” “marginal burn”, or “permissible burn” day, as well as other factors such as the utility of the naturally ignited
fire for future fire prevention etc.) on whether or not to allow the fire to continue, manage the fire towards desired outcomes, or
extinguish the fire immediately.
Colorado Air Quality Control Commission Regulation Number 9 – Open Burning, Prescribed Fire, and Permitting
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Department of
Public Health
and
Environment
Quality Control
Commission
Regulation Number
9 – Open Burning,
Prescribed Fire, and
Permitting
Open burning is not allowed without first obtaining a permit, except for the following activities, which are exempt from the requirement to
obtain a permit:
•
non-commercial burning of private household trash (unless local ordinances prohibit such burning);
•
fires used for non-commercial cooking of food for human consumption or recreational purposes;
•
fires used for instructional or training purposes (firefighting);
•
use of safety flares;
•
agricultural open burning (not including animal carcasses); and
•
non-commercial burning of trash in unincorporated areas of counties of less than 25,000 population.
•
Connecticut
Connecticut
Department of
Energy and
Environmental
Protection
Section 22a-174 (f)
of the Connecticut
General Statues
There is an emissions limit under which an individual may apply for a general open burning permit, however if a burn is over the limit
(in the regulation this limit is referred to as the DeMinimus threshold for open burning permits) than a different permit must be applied
for. There are two types of permits issued for burns over the DeMinimus threshold, namely planned ignition fire permits and unplanned
ignition fire permits. Planned ignition fire permits are for initiating a planned burn at a specific place and at a specific time, while
unplanned ignition fire permits allow the use of fire for grassland or forestland management when the applicant does not know the
specific time and location for the ignition. Before granting a planned or unplanned ignition fire permit, the official must consider several
factors, and the applicant must be able to demonstrate that the planned/unplanned ignition fire can and will be conducted in a manner
that minimizes the emissions from the burn and the impacts of the smoke visibility. The applicant must also be able to demonstrate,
through a smoke generation projection based on a model approved by the local air pollution agency, the conditions under which the
proposed burn will be conducted and that the applicant will protect scenic or important vistas and visibility in certain areas.
Planned/unplanned fire ignition permits must also meet general open burning permit criteria. These criteria are not requirements, but are
instead factors that the permit-granting authority must take into consideration before granting the permit - they are as follows:
•
the location and proximity of the proposed burning to any building or other structure;
•
meteorological conditions on the day or days of the proposed burning; \
•
compliance by the applicant for the permit with applicable fire protection and safety requirements of the local authority;
•
whether there is any practical alternative method for the disposal of the material to be burned;
•
the potential contribution of the proposed burning to air pollution in the area; whether the burning will be conducted using best
smoke management techniques so as to minimize emissions and the impacts from the smoke on the health and welfare of the
public; and
•
the smoke impact potential for prescribed fires (based on the following criteria):
o
size of the project;
o
fuel type;
o
duration of the project including smoldering and potential for nighttime smoke; and
o
proximity of the project to smoke sensitive areas.
Section 22a-174 (f) of the Connecticut General Statues
Connecticut has a state-level statute regarding open burning, as well as some limited guidance to municipalities that advises municipalities to
appoint a trained and certified open burning officer. Additionally, the fact sheet provides a number of preferable options to the open burning
of brush. Also, the open burning officer can issue an open burning permit for any of the following activities:
•
fire training exercises;
•
eradication or control of insect infestations or disease;
•
agricultural purposes;
•
clearing vegetative debris following a natural disaster; and
•
vegetative management or enhancement of wildlife habitat or ecological sustainability on municipal property.
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The statute states also that open burning is acceptable if a permit is issued in the following situations:
•
open burning of brush on residential property; and
•
open burning of brush in municipal landfills, transfer stations, and municipal recycling centers.
However, permits cannot be issued for residential or landfill/transfer station/recycling center open burning if:
•
national or state ambient air quality standards may be exceeded;
•
where a hazardous health condition might be created;
•
when the forest fire danger in the area is identified as extreme and where woodland or grassland is within thirty metres of the proposed
burn;
•
where there is an advisory from the commissioner of any air pollution episode;
•
where prohibited by the municipality; or
•
in the case of a municipal landfill, when such a landfill is within an area designated as a “hot spot” on the open air burning map prepared
by the commissioner.
Delaware
Delaware
Division of
Waste and
Hazardous
Substances
Air Quality
Management
Regulation 1113 –
Open Burning
Additionally, the burning of leaves, demolition waste or other solid wastes deposited in landfills is prohibited, and permits for brush burning
cannot be issued to a single landfill more than six times in a year.
Air Quality Management Regulation 1113 – Open Burning
In Delaware, no open burning is allowed between May 1st and September 30th (considered “ozone season”). Open burning must also take
place between 8am and 4pm, except under certain circumstances in which individuals have been provided clearance to do so. In addition to
the time and seasonal restrictions on open burning, there are the following prohibitions:
•
no open burning of refuse or fallen leaves;
•
open burning is not to be conducted in support of a salvage operation;
•
open burning must not be conducted in a condition of air stagnation or when a “code red” or “code orange” has been issued;
•
open burning must not impact a person’s health or their enjoyment of their property;
•
any person conducting an open burn must call the Fire Board for the country in which the fire will occur;
•
waste tires, waste oil, off-specification oil or any oil heavier than No.2 cannot be used as an auxiliary fuel for an open burn;
•
any person conducting an open burn must remain present at the burn site until the burn is completely extinguished;
•
efforts must be undertaken to utilize as little auxiliary fuel as possible; and
•
burning for land clearing purposes is not permitted.
The following open burning activities can be practiced in Delaware without the prior notification of the government:
•
•
burning of brush, branches, and limbs that have been cut from trees or shrubbery originating on the premises of a size no greater than 0.7
cubic metres (27 cubic feet) of material, in total, to be burned.
open burning may also be practiced in the following situations, after notifying and providing information about the burn to the local
department, and having the burn approved by the local department:
o
clearing land for agricultural use or silviculture operations of vegetative material in order to cultivate or prepare soil for the
purposes of producing crops or supporting livestock;
o
maintaining land including the perimeter field maintenance and crop residue management in continued agricultural
operations to produce crops or support livestock;
o
prescribed pesticide burning for conservation practices, wildlife habitat management, or plant, pest, or disease control; and
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o
Florida
Chapter 62-256
Open Burning and
Crop Protection
Fires
firefighting instruction.
Lastly, the following activities are considered to be exempt from this regulation, and may be practiced without restriction:
•
fires used for cooking food for human consumption, with no greater than 0.3 cubic metres (10 cubic feet) of material, in total, to be
burned, and where the following are the only materials burned:
o
unpainted and untreated wood;
o
charcoal;
o
propane;
o
or natural gas;
•
recreational fires such as campfires of a size no greater than 0.7 cubic metres (27 cubic feet) of material, in total, is burned, and only
unpainted and untreated wood is burned;
•
ceremonial fires where no more than 0.7 cubic metres (27 cubic feet) of material, in total, is burned, and only unpainted and untreated
wood is burned;
•
emergency signalling flares;
•
emergency burning or use of any other appropriate technique by governmental agencies or fire companies to suppress ongoing fires; and
•
firefighting instruction carried out by the Delaware State Fire School.
Chapter 62-256 Open Burning and Crop Protection Fires
•
The open burning of the following materials is prohibited: (i) biological waste; (ii) hazardous waste; (iii) asbestos containing materials;
(iv) mercury containing devices; (v) pharmaceuticals; (vi) tires; (vii) rubber material; (viii) residual oil; (ix) used oil; (x) asphalt; (xi)
roofing material; (xii) tar; (xiii) treated wood; (xiv) plastics; and (xv) garbage or trash.
•
Additionally, open burning may not be practiced during a National Weather Service Stagnation Advisory or Air Pollution Episode, or if
the Department of Agriculture and Consumer Services, Florida Forest Service, has determined that weather conditions are unfavourable
for safe burning.
•
The open air burning of several different kinds of materials is allowed in Florida, however, each of these different materials has slightly
different conditions pertaining to its lawful burning. For example, yard waste must be set back at least 7.62 metres (25 feet) from any
wildlands, brush, or combustible structure, 15.24 metres (50 feet) away from any paved public roadway and 45.72 metres (150 feet)
from any occupied building other than that owned or leased by an individual doing the burning. The above distance requirements for
burning yard waste, however, do not pertain to burning tree cutting debris, or land clearing debris. Any burning of tree cutting debris
must be conducted using a department-permitted air curtain incinerator unless the all of the following requirements are met:
•
the tree cutting debris is incinerated on the site it was generated;
•
the tree cutting debris was generated from a residential premises of not more than two family units;
•
the fire is ignited after 8 am and is extinguished before sunset;
•
the fire is attended and adequate fire extinguishing equipment is present at all times;
•
the moisture content and composition of material to be burned is favourable to good burning that will minimize smoke; and
•
prior to the burn, the person responsible for the burn contacts the Florida Forest Service.
•
•
Similarly, the open burning of land clearing debris is permitted either in an air curtain incinerator or if a set of requirements similar to
those outlined above for tree cutting debris are followed. Open burning is also permitted for firefighter training, although the specific
requirements regarding firefighter training are not discussed here.
Waste pesticide containers may be burned in open fields by the owner of the crops, the owner’s authorized employee or caretaker, or by
commercial pesticide applicators hired by the owner or caretaker, subject to the following conditions:
•
plastic containers must be the original container provided by the pesticide manufacturer or formulator as end user conveyance for
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•
•
•
the specific product, and not reused containers designed for other products;
containers must be classified as group I containers and bear label instructions stating that small quantities of the containers may be
burned in open fields by the user of the pesticide when such open burning is permitted by State and local regulations;
the quantity of containers to be burned each day per parcel treated shall not exceed the amount accumulated during one day’s use
of pesticide. No more than 226 kilograms (500 pounds) of pesticide containers shall be burned per day at any specific location. If
more than one fire is to be set in any area, each specific burning location shall be at least 914 metres (1,000 yards) from each other
location at which burning will occur concurrently; and
all group 1 containers that are being burned must be empty of all residual material.
•
Georgia
Georgia
Department of
Natural
Resources
Environmental
Protection
Division
Air Protection
Branch
4244
International
Parkway, Suite
120
Atlanta,
Georgia 30354
Jim Kelly (404)
363-7131
Rules for Air
Quality Control
Chapter 391-3-1
Summer Burn Ban
Ensuring that the containers are free of all residual material includes triple rinsing the containers with the same kind of solvent used to
dilute the mixture in the field.
•
The regulations also state that the open burning of debris from storms, and emergency vegetation removal (to prevent accidental fires)
may also be practiced via open burning if certain requirements are met. Lastly, the open burning of polyethylene agricultural plastic,
damaged and non-salvageable wooden pallets and packing material that cannot be feasibly recycled is permitted for agricultural
operations.
Rules for Air Quality Control Chapter 391-3-1
No person shall cause, suffer, allow, or permit open burning in any area of the State except as follows:
•
•
•
•
•
•
•
•
•
•
reduction of leaves on the premises on which they fall by the person in control of the premises, unless prohibited by local ordinance
and/or regulation.
carrying out recognized agricultural procedures necessary for production or harvesting of crops.
the “prescribed burning” of any land by the owners or the owner’s designee.
for recreational purposes or cooking food for immediate human consumption.
fires set for purposes of training fire-fighting personnel when authorized by the appropriate governmental entity.
acquired structure burns provided that an Authorization to Burn certificate has been issued by the Division.
disposal of vegetative debris from storm damage.
for weed abatement, disease, and pest prevention.
operation of devices using open flames such as tar kettles, blow torches, welding torches, portable heaters and other flame-making
equipment.
open burning for the purpose of land clearing or construction or right-of-way maintenance provided the following conditions are met:
1. Prevailing winds at the time of the burning are away from the major portion of the area's population;
2. The location of the burning is at least 1,000 feet from any occupied structure, or lesser distance if approved by the Division;
3. The amount of dirt on or in the material being burned is minimized;
4. Heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth are not
being burned; and
5. No more than one pile 60 feet by 60 feet, or equivalent, is being burned within a 9-acre area at one time.
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•
•
•
•
•
disposal of all packaging materials previously containing explosives, in accordance with U.S. Department of Labor Safety Regulations.
open burning of vegetative material for the purpose of land clearing using an air curtain destructor 1 provided the following conditions
are met:
1. Authorization for such open burning is received from the fire department, if required, having local jurisdiction over the open
burning location prior to initiation of any open burning at such location;
2. The location of the air curtain destructor is at least 300 feet from any occupied structure or public road. Air curtain
destructors used solely for utility line clearing or road clearing may be located at a lesser distance upon approval by the
Division;
3. No more than one air curtain destructor is operated within a ten acre area at one time or there must be at least 1,000 feet
between any two air curtain destructors;
4. Only wood waste consisting of trees, logs, large brush and stumps which are relatively free of soil are burned in the air
curtain destructor;
5. Tires or other rubber products, plastics, heavy oils or asphaltic based or impregnated materials are not used to start or
maintain the operation of the air curtain destructor;
6. The air curtain destructor is constructed, installed and operated in a manner consistent with good air pollution control practice
for minimizing emissions of fly ash and smoke;
7. The cleaning out of the air curtain destructor pit is performed in a manner to prevent fugitive dust; and
8. The air curtain destructor cannot be fired before 10:00 a.m. and the fire must be completely extinguished, using water or by
covering with dirt, at least one hour before sunset.
Except for a reasonable period to get a fire started, no smoke the opacity of which is equal to or greater than 40% shall be emitted from
any source of open burning listed above, except as follows. Prescribed burning, slash burning, agricultural burning and acquired
structure burning are not subject to the 40% opacity standard.
The Director may allow open burning that is prohibited, upon a determination that such open burning is necessary to protect the public
health, safety or welfare of the people of the state of Georgia, or there are no reasonable alternatives to the open burning.
Prescribed burning is subject to authorization by the Georgia Forestry Commission to include burning restrictions during periods that are
conducive to the formation of ozone. Federal facilities which conduct prescribed burning that are not required to obtain authorization
from the Georgia Forestry Commission for such burning shall institute measures to ensure that prescribed burning is not conducted
during periods conducive to the formation of ozone.
Effective May 22, 2013, Georgia’s Open Burning Rule will no longer prohibit the following types of burning in counties with a population
that exceeds 65,000 unless those counties are also subject to the summer burn ban:
•
•
•
disposal of vegetative debris from storm damage.
for weed abatement, disease, and pest prevention.
open burning for the purpose of land clearing or construction or right-of-way maintenance.
Summer Burn Ban Due to Ozone Non-Attainment
There are several counties in Georgia that have additional restrictions due to air quality concerns as a result of non-attainment of federal ozone
standards. Beginning May 1 and ending September 30, an open burning ban is in effect for 54 Georgia counties. The open burning ban has
been in effect for the current areas since 2005. The open burning ban prohibits citizens and businesses from burning yard and landclearing
debris. Some exceptions to this summer opening burning ban are as follows:
1
The air curtain destructor is a forced air pit incinerator, which may be operated at random locations for the purpose of the disposal of waste vegetative debris.
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•
•
•
•
•
•
agricultural burning;
forestry “prescribed burning”;
campfires or barbeques;
fire-fighting training exemption, provided appropriate permit is issued;
operation of open flame equipment; and
explosive disposal in accordance with U.S. Department of Labor Safety Regulations.
Other Relevant Information on Open Burning
•
•
Hawaii
Subchapter 3, §1160.1-51, Open
Burning
Any type of open burning in the state of Georgia requires a permit, with the exception of acceptable agricultural burning.
Alternatives, which result in the reuse or recycling of waste, should be pursued, where feasible, for instance: (i) yard trimmings composting, mulching, chipping, natural decomposition, etc. are recommended alternatives; and (ii) land clearing debris (trees, stumps,
limbs, etc.) - chip, shred, or grind the debris on site and reuse as mulch, erosion control, or walk paths. Another alternative is to bury the
debris on site in an inert landfill.
Subchapter 3, §11-60.1-51, Open Burning
Open air burning is permitted for the cooking of food. Otherwise, open air burning is not permitted except under the following circumstances
and only when approved by the director:
•
firefighter training;
•
fires for recreational, decorative or ceremonial purposes;
•
fires for the disposal of human remains and animal carcasses and debris generated from a natural disaster or catastrophic event, where
there is no reasonable alternative method of disposal;
•
fires purposefully set to ablate a fire hazard, provided the hazard is declared so by the fire department, forestry division, or federal
agency having jurisdiction, and that a prescribed burning plan, if applicable, has been submitted to and approved;
•
fires for the prevention of disease or pests;
•
fires for the disposal of dangerous materials, where there is no alternate method of disposal; and
•
other fires approved by the director.
Any individual who wishes to engage in agricultural burning must obtain a permit. Agricultural permits will not be granted for:
•
•
•
Idaho
Mary Anderson
Smoke
Management
Program
IDAPA 58. 58.01.01
Rules for the
Control of Air
Pollution in Idaho
the open burning of trash, waste, or by-products generated outside the permitted property;
the open burning of trash or other waste that has been handled or processed by factory operations, not including material from the field;
or
the open burning of any waste for the clearing of land.
When applying for an agricultural burning permit, the applicant must include information including maps of the areas to be burned showing
fields by appropriate numbers and acreage, direction of prevailing winds, location of residential, school, and commercial establishments,
public buildings, airports, and public utilities. During certain times, such as when meteorological conditions have resulted in widespread haze
on any island or during times of drought etc., the director may issue a “no burn” notice that will ban any open burning, including open burning
conducted in compliance with the above or with a permit.
IDAPA 58. 58.01.01 Rules for the Control of Air Pollution in Idaho
Categories and Materials
No person shall allow, suffer, cause or permit any open burning operation unless it is a category of open burning set forth in Sections 600
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Coordinator
DEQ State
Office
(208) 373-0202
mary.anderson
@deq.idaho.gov
through 623 and the materials burned do not include any of the following:
•
garbage (any waste consisting of putrescible animal and vegetable materials resulting from the handling, preparation, cooking and
consumption of food including, but not limited to, waste materials from households, markets, storage facilities, handling and sale of
produce and other food products.)
•
dead animals, animal parts, or animal wastes (feces, feathers, litter, etc.)
•
motor vehicles, parts, or any materials resulting from a salvage operation
•
tires or other rubber materials or products
•
plastics
•
asphalt or composition roofing or any other asphaltic material or product
•
tar, tar paper, waste or heavy petroleum products, or paints
•
lumber or timbers treated with preservatives
•
trade waste (any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of any
business, trade or industry including, but not limited to, wood product industry waste such as sawdust, bark, peelings, chips, shavings
and cull wood)
•
insulated wire
•
pathogenic wastes
•
hazardous wastes (any waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its
quantity, concentration or characteristics (physical, chemical or biological) may: (a) cause or significantly contribute to an increase in
deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) pose a substantial threat to human health or to
the environment if improperly treated, stored, disposed of, or managed.
No person shall allow, suffer, cause or permit any open burning to be initiated during any stage of an air pollution episode declared by the
Department.
Allowable Open Burning
•
recreational and warming fires - fires used for the preparation of food or for recreational purposes (e.g. campfires, ceremonial fires, and
barbecues), or small fires set for hand warming purposes, are allowable forms of open burning.
•
weed control fire - open outdoor fires used for the purpose of weed abatement such as along fence lines, canal banks, and ditch banks is
an allowable forms of open burning.
•
training fire - fires used by qualified personnel to train firefighters in the methods of fire suppression and firefighting techniques, or to
display certain fire ecology or fire behavior effects are allowable forms of open burning. Training facilities shall notify the Department
prior to igniting any training fires. Training fires shall not be allowed to smolder after the training session has terminated.
•
industrial flare - industrial flares, used for the combustion of flammable gases are allowable forms of open burning. Industrial flares are
subject to permitting requirements.
•
landfill disposal site fires - the use of fires for the disposal of solid waste at any solid waste landfill disposal site or facility is an
allowable form of open burning only if conducted in accordance with IDAPA 58.01.06, “Solid Waste Management Rules and
Standards” or the Solid Waste Facilities Act, Chapter 74, Title 39, Idaho Code.
•
orchard fires - the use of heating devices to protect orchard crops from frost damage and the use of fires to dispose of orchard clippings
are allowable forms of open burning when the following provisions are met:
o
the use of stackless open-pot heaters is prohibited.
o
orchard heating device with visible emissions exceeding forty percent (40%) opacity at normal operating conditions shall not
be used
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o
o
all heaters purchased after September 21, 1970, shall emit no more than one (1.0) gram per minute of solid carbonaceous
matter at normal operating conditions as certified by the manufacturer
the open burning of orchard clippings shall be conducted on the property where the clippings were generated.
Residential Solid Waste Disposal
Fires Allowed - open outdoor fires used to dispose of solid waste (e.g. rubbish, tree leaves, yard trimmings, gardening waste, etc.) excluding
garbage produced by the operation of a domestic household is an allowable form of open burning when the following provisions are met:
•
no scheduled house to house solid waste collection service is available
•
the burning is conducted on the property where the solid waste was generated.
Fires Exempt - open outdoor fires used to dispose of tree leaves, gardening waste or yard trimmings are exempt from the first condition above
when conducted in accordance with local governmental ordinances or rules which allow for the open burning of tree leaves, gardening waste
or yard trimming during certain periods of the year.
The state regulation includes numerous other conditions on permit approval, permit fees and crop residue burning. Individuals living outside
city limits anywhere in Idaho who plan to burn for any reason – including crop residue burning and excluding recreational campfires – during
“closed fire season,” from May 10 to October 20 every year, must obtain a fire safety burn permit. If you live inside city limits and you plan to
burn, a permit from your local fire department may be required.
Other Information on Open Air Burning
Burning Alternatives
It may be possible to avoid burning by following these alternatives:
•
•
•
•
•
•
Mulch or compost - add yard trimmings and other vegetation to your compost bin to improve soil quality.
Chip - save money on mulch by chipping brush, prunings, and wood waste on your property.
Reduce - avoid purchasing disposable items. Buy products in bulk or economy sizes instead of in individually wrapped or in single
serving sizes. Buy products that can be recharged, reused, or refilled.
Reuse - donate unwanted clothing, furniture and toys to friends, relatives or charities. Give unwanted magazines and books to hospitals
or nursing homes.
Recycle - separate recyclable items, such as newspapers, glass and plastic containers, and tin cans, from your residential waste and
prepare them for collection or drop off at a local recycling station. Mend and repair rather than discard or replace.
Dispose - have your household waste picked up by a licensed waste removal company or take it to a licensed disposal facility rather than
burning it.
Proper Burning Tips
•
Get the proper permit if required.
•
Burn during the middle of the day when ventilation is generally good and smoke dissipates more easily.
•
Burn when fuels are dry and well aerated so the fire is hot, yet manageable. Wet or dirt-covered materials will smolder and create more
smoke.
•
Burn in open areas away from overhead branches and wires.
•
Scrape away burnable materials on the ground several feet around the piles. The result should be bare soil.
•
Never leave fires unattended, and have fire suppression equipment and water available.
•
Burn at least 50 feet away from any structure.
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•
Test burn a small area prior to burning
Safety Considerations
•
Check with your local fire department or district for local burn requirements or restrictions.
•
Burn in a barrel (instead of in a pile) and cover the barrel with a metal screen to contain the fire and its embers.
•
Burn in a cleared area and wet the surrounding area before lighting the fire.
•
Never leave a fire unattended.
•
Keep a garden hose, a bucket of dirt, and a shovel nearby.
Increase burning efficiency by elevating the barrel on bricks, cutting vent holes in the sides and near the bottom of the barrel, and covering the
vents with mesh. A good supply of oxygen helps burn or diminish waste gases, resulting in fewer unhealthful emissions.
Illinois
Illinois Revised
Statutes, Chapter
111-1/2, Section
1039
Agricultural Burning Practices
•
Make a firebreak before you start.
•
Check weather forecasts. Do not burn on hot windy days.
•
Make sure you have enough people, water, and equipment/hand tools available to control the fire if it threatens to escape.
•
When burning fields, ditch banks or fence lines, it is always safest to ignite against the wind.
•
Be prepared to stay until the fire is out and if the wind does pick-ups, put your fire out. Most fires escape because they are left
unattended and/or winds increase in speed or change direction.
Illinois Revised Statutes, Chapter 111-1/2, Section 1039
Cooking and campfires are allowed on private property and in public areas where specified without a permit. Aside from this, permits are
required for any open air burning activity in Illinois. Permits are granted for activities including:
•
fire fighter training;
•
landscape waste destruction via air curtain destructor;
•
agricultural burns;
•
prairie and ecological landscape burns; and
•
disaster debris open burning.
Open burning of anything other than landscape waste cannot be conducted within 1.6 km (one mile) of a town with a population of 1,000 or
more. Additionally, businesses may not burn waste (other than landscape or agricultural waste with a permit). The following are waste types
that can never be burned:
•
commercial waste;
•
garbage (i.e., food, food scraps, food packaging, and diapers);
•
construction/demolition debris;
•
tires; and
•
materials containing asbestos.
Agricultural waste can burned with a permit, the following criteria must be met when burning agricultural waste:
•
the burning must be restricted to the site where the waste was generated;
•
the burning must not hamper visibility on roadways, railroad tracks or airfields;
•
the burning must be more than 304 metres (1000 feet) from residential or other populated areas; and
•
the owner must show that no reasonable and economic alternative method of disposable is available.
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Indiana
Article 4. Burning
Regulations
Article 4. Burning Regulations
In general, open burning is prohibited; however, there are many exceptions. First, individuals are allowed to conduct burns for maintenance
purposes. Several conditions apply to these “maintenance burns”:
•
the fire must be extinguished if it creates a nuisance or a fire hazard;
•
burning cannot be conducted in high winds, during temperature inversions, or when the air is still (stagnant);
•
all fires must be attended at all times; and
•
asbestos cannot be burned under any circumstances.
A person may burn the following as part of a maintenance burn:
•
Vegetation from any of the following: (i) a farm; (ii) an orchard; (iii) a nursery; (iv) a tree farm; (v) a cemetery; (vi) a drainage ditch;
and (vii) agricultural land, if the open burn occurs in an unincorporated area.
•
Wood products derived from the following: (i) pruning or clearing a roadside by a county highway department; (ii) the initial clearing of
a public utility right-of-way so long as the open burn occurs in an unincorporated area.
In addition to “maintenance burns” as described above, there are several other types of burns that are permitted (if certain conditions are met)
in Indiana. These include fires for ceremonial purposes, private residential burning, firefighter training fires etc. These various types of burns
all have the following rules in common, as well as some rules for each burn type:
•
fires must be attended at all times;
•
the fire must be extinguished if it creates a pollution problem, is a threat to public health, creates a nuisance or a fire hazard;
•
burning cannot be conducted during high winds, temperature inversions, when the air is still (stagnant), or when a pollution alert or air
quality action day has been declared;
•
all burning must comply with other federal, state, and local laws, rules and ordinances;
•
adequate firefighting equipment must be on site for extinguishing purposes during a burn; and
•
burning must be conducted during daylight hours only and must be extinguished before sunset.
Recreational or ceremonial fires are allowed in Indiana - the following specific rules apply.
1. Only the following may be burned: (i) clean wood products; (ii) paper; (iii) charcoal; and (iv) clean petroleum products.
2. If the pile being burned is more than 3.5 cubic metres (125 cubic feet) the local fire department and health department must be
notified at least 24 hours in advance.
3. Fires must not be ignited more than 2 hours before the recreational activity involving the fire will take place, and must be
extinguished upon the conclusion of the activity.
4. The pile being burned must be under 28 cubic metres (1000 cubic feet) and only one pile may be burned at a time.
5. Recreational fires cannot be used for disposal purposes.
6. Fires cannot be located within 152 metres (500 feet) of any fuel storage area or pipeline.
Private residential fires are allowed in Indiana, where the building contains four or fewer dwelling units. Burning is prohibited in apartment
and condominium complexes and mobile home parks. The following rules apply to private residential burns.
1. Burning must be conducted in a non-combustible container that: (i) is sufficiently vented to induce adequate primary combustion; and
(ii) has enclosed sides and a bottom.
2. Only clean wood products and paper may be burned.
•
Waste oil burning where waste oil originates from spillage during testing of an oil well and has been collected in a properly constructed
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Iowa
Kansas
Chapter 23,
Emission Standards
for Contaminants –
Open Burning
Leo Henning,
Director,
Kansas
Department of
Health and
Environment,
Environmental
Field Services
Phone: (785)
Kansas Open
Burning Regulations
K.A.R. 28-19-645,
K.A.R. 28-19-646,
K.A.R. 28-19-647
Agricultural Open
Burning K.A.R. 2819-648
and located burn off pit (requirements for a properly constructed burn-off pit are described in other regulatory text in the natural
resources commission rules). Each oil pit must be burned once every two months, and the fires must be extinguished within thirty
minutes of ignition.
•
Beyond burning that is allowed by individuals or by oil companies, several types of burning can be carried out by the department of
natural resources (wildlife habitat maintenance etc.), law enforcement agencies (burning of marijuana), and firefighters (vegetation
burning for fire breaks or extinguishing existing fires and training purposes). These types of burning all have specific requirements as
well, but these rules are not outlined here.
Chapter 23, Emission Standards for Contaminants – Open Burning
•
Open burning is prohibited in Iowa, however, there are certain exemptions in place that allow individuals to conduct open burns. Any
person wishing to conduct an open burn that is not already exempt as per the regulation may apply to the director for a variance.
•
Individuals are allowed to burn disaster rubbish, including landscape waste, for the duration of the community disaster period in cases
where an officially declared emergency condition exists.
•
The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local
governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled basis and is
supervised at all times, burning is conducted only when weather conditions are favorable with respect to surrounding property, and the
burning site is limited to areas at least 402 metres (one–quarter mile) from any inhabited building.
•
Landscape waste originating on the premises in which it is being burned is allowed, provided the burning site is limited to areas at least
402 metres from any inhabited building.
•
Residential waste from dwellings of four-family units or less is permitted, although local ordinances may have additional requirements
or ban backyard burns.
•
Paper or plastic pesticide containers and seed corn bags may be disposed of by open burning unless they formerly contained organic
forms of beryllium, selenium, mercury, lead, cadmium or arsenic. The open burning site must be limited to areas at least 402 metres
from any inhabited building. The amount of paper or plastic pesticide containers and seed corn bags that can be disposed of by open
burning cannot exceed one day’s accumulation or 50 pounds, whichever is less. However, when the burning of paper or plastic pesticide
containers or seed corn bags causes a nuisance, the director may take action to secure relocation of the burning operation. Since the
concentration levels of pesticide combustion products near the fire may be hazardous, the person conducting the open burning should
take precautions to avoid inhalation of the pesticide combustion products.
•
The open burning of agricultural structures is also permitted on the premises the structure is located on. For agricultural structures
located within a city or town, the burning must take place at least 402 metres from any building inhabited by a person other than the
landowner, a tenant, or an employee of the landowner or tenant conducting the open burning unless a written waiver in the form of an
affidavit is submitted by the owner of the building to the department prior to the open burning. All chemicals and asphalt roofing must
be removed, and the burning may only take place when the weather conditions are favourable with respect to surrounding property, and
permission from the local fire chief is secured in advance. Rubber tires may not be used to ignite the burn, and no asbestos may be
burned (it must be removed from the building prior to burning) under any circumstances.
•
Firefighters may set training fires, and cities are allowed to conduct controlled burns of demolished buildings. Rules apply to each of
these types of burns, but the will not be outlined here.
Kansas Open Burning Regulations K.A.R. 28-19-645, K.A.R. 28-19-646, K.A.R. 28-19-647
A person shall not cause or permit the open burning of any wastes, structures, vegetation, or any other materials on any premises except as
authorized by the Kansas Open Burning Regulation. It shall be prima facie evidence that the person who owns or controls property on which
open burning occurs has caused or permitted the open burning. The following open burning operations shall be exempt from the prohibition
on the open burning of any materials imposed by the regulation:
•
•
open burning carried out on a residential premise containing five or less dwelling units and incidental to the normal habitation of the
dwelling units, unless prohibited by any local authority with jurisdiction over the premises;
open burning for cooking or ceremonial purposes, on public or private lands regularly used for recreational purposes;
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296-6603
•
•
open burning for the purpose of crop, range, pasture, wildlife or watershed management in accordance with K.A.R. 28-19-648; or
open burning approved by the department [Kansas Department of Health and Environment]
A person may obtain an approval from the department to conduct an open burning operation that is not otherwise exempt from the
prohibitions imposed by the regulation if it is demonstrated that the open burning is:
•
•
•
necessary, which in the case of burning for the purpose of disposal of any materials, shall mean that there is no other practical means of
disposal;
in the public interest; and
is not prohibited by any local government or local fire authority.
Open burning operations for which an approval is required but which are deemed to be necessary and in the public interest include the
following:
•
•
•
•
•
the use of safety flares for disposal of flammable gases;
fires related to the training of government or industrial personnel in firefighting procedures;
fires set for the removal of dangerous or hazardous liquid materials;
open burning of trees and brush from non-agricultural land clearing operations; and
open burning of clean wood waste from construction projects carried out at the construction site.
Each person seeking an approval to conduct an open burning operation pursuant to this regulation shall submit a written request to the
department containing the following information:
•
•
•
the location of the proposed open burning and the name, address and telephone number of the person responsible for the open burning;
a description of the open burning including the amount of material to be burned, frequency/duration/schedule of burn, size of area,
ignition method, location of nearby public roadways within 1,000 ft, location of nearby public dwellings within 1,000 ft, evidence of
appropriate open burning approval.
the reason why the proposed open burning is necessary and in the public interest if the activity is not listed in subsection (c) of this
regulation.
Each open burning operation for which the department issues an approval shall be subject to the following conditions:
• The person conducting the burning shall stockpile the material to be burned, dry it to the extent possible before it is burned, and assure
that it is free of matter that will inhibit good combustion.
• A person shall not burn heavy smoke-producing materials including heavy oils, tires, and tarpaper.
• A person shall not initiate burning during the nighttime, which for the purposes of this regulation is defined as the period from two hours
before sunset until one hour after sunrise. A person shall not add material to a fire after two hours before sunset.
• A person shall not burn during inclement or foggy conditions or on very cloudy days, which are defined as days with more than 0.7 cloud
cover and with a ceiling of less than 2,000 feet.
• A person shall not burn during periods when surface wind speed is less than 5 mph or more than 15 mph.
• A person shall not burn within 1,000 feet of any occupied dwelling, unless the occupant of that dwelling has been notified before the burn.
• A person shall not conduct a burn that creates a traffic or other safety hazard. If burning is to take place within 1,000 feet of a roadway,
the person conducting the burn shall notify the highway patrol, sheriff's office, or other appropriate state or local traffic authority before
the burning begins. If burning is to take place within one mile of an airport, the person conducting the burn shall notify the airport
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•
•
•
authority before the burning begins.
The person conducting the burn shall insure that the burning is supervised until the fire is extinguished.
The department may revoke any approval upon 30 days notice.
A person shall conduct an open burning operation under such additional conditions as the department may deem necessary to prevent
emissions which may be injurious to human, animal, or plant health, or property, or may unreasonably interfere with the enjoyment of life
or property.
The department may issue an approval for an open burning operation that does not meet the conditions set forth above upon a clear
demonstration that the proposed burning:
• is necessary and in the public interest;
• can be conducted in a manner that will not result in emissions which:
o
may be injurious to human health, animal or plant life, or property; or
o
may unreasonably interfere with the enjoyment of life or property; and
• will be conducted in accordance with such conditions as the department deems necessary.
Agricultural Open Burning K.A.R. 28-19-648
Open burning of vegetation such as grass, woody species, crop residue, and other dry plant growth for the purpose of crop, range, pasture,
wildlife or watershed management shall be exempt from the prohibition on the open burning of any materials provided that the following
conditions are met:
•
•
•
•
the person conducting the burn shall notify the local fire control authority with jurisdiction over the area before the burning begins, unless
the appropriate local governing body has established a policy that notification is not required;
a person shall not conduct a burn that creates a traffic safety hazard. If conditions exist that may result in smoke blowing toward a public
roadway, the person conducting the burn shall give adequate notification to the highway patrol, sheriff's office or other appropriate state or
local traffic control authorities before burning;
a person shall not conduct a burn that creates an airport safety hazard. If smoke may affect visibility at an airport, the person conducting
the burn shall give adequate notification to the appropriate airport authorities before burning; and
the person conducting the burn shall insure that the burning is supervised until the fire is extinguished.
Nothing in this regulation shall restrict the authority of local jurisdictions to adopt more restrictive ordinances or resolutions governing
agricultural open burning operations.
Kentucky
Division for Air
Quality at 1888-BURNLAW, or e-mail
[email protected]
v.
401 KAR 63:005.
Open Burning
Other Information
There is a very large volume of waste trees, brush and other clean wood generated each year in Kansas. The vast majority of this waste is trees
and brush. Management methods for this waste include landfilling, burning, or recycling, primarily through grinding into mulch. While
recycling is most desirable, it is not feasible to convert all clean wood waste into mulch. While landfilling trees and brush is feasible, it is not
desirable because landfill space is limited and new facility siting is difficult. Burning can be carried out with or without air pollution controls,
such as using an air curtain destruction unit.
401 KAR 63:005. Open Burning
Open burning is prohibited in Kentucky unless it is specifically exempt in sections 4 and 5 of the regulation. Special conditions and
procedures exist for the approval of open burning conducted for fire training activities.
Allowable Open Burning
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Subject to the limitations contained in this section and the restrictions contained in Section 5 of this administrative regulation, open burning
shall be allowed for:
•
Fires set for the cooking of food for human consumption;
•
Fires set for recreational or ceremonial purposes;
•
Small fires set by construction and other workers for comfort heating purposes if:
o
The ambient temperature is below fifty (50) degrees Fahrenheit;
o
Excessive or unusual smoke is not created;
o
Only clean lumber or vegetative matter is burned; and
o
The fire is burned in a container not exceeding fifty-five (55) gallons in size;
•
Fires set for the purpose of weed abatement, disease, and pest prevention;
•
Fires set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
•
Fires set for the purpose of instruction and training of public and industrial employees in the methods of fighting fires as set forth in
Section 6 of this administrative regulation;
•
Fires set for recognized agricultural, silviculture, range, ecological, and wildlife management practices;
•
Fires set by individual homeowners for burning of leaves except in cities greater than 8,000 population located in a Priority I Region;
•
Fires for disposal of household rubbish, which shall not include garbage, originating at dwellings of five (5) family units or less, if the
fires are maintained by an occupant of the dwelling at the dwelling, except in cities greater than 8,000 population located in a Priority I
Region;
•
Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the
disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical.
Permission shall be obtained from the cabinet prior to burning;
•
Fires set for disposal of natural growth for land clearing and maintenance, and trees and tree limbs felled by storms if no extraneous
materials, such as tires or heavy oil which tend to produce dense smoke, are used to cause ignition or aid combustion and the burning is
done on days when conditions do not pose a threat of igniting a forest fire. In regions classified Priority I, with respect to particulate
matter pursuant to 401 KAR 50:020, Appendix A, the emissions from these fires shall not be equal to or greater than forty (40) percent
opacity;
•
Heating ropes that are set on fire to repair steel rails during cold weather; and
•
Fires set by county or municipal governments to dispose of wood waste or clean lumber.
Restrictions to Open Burning
•
All open burning is prohibited when a fire emergency is declared.
•
From Oct. 1 - Dec. 15 and from Feb. 15 - Apr. 30, burning within 150 feet of any woodland area is allowed only between 6 p.m. & 6
a.m.
•
For those counties, or portions of counties, which are, or were previously, designated moderate non-attainment for the one (1) hour
ozone or non-attainment for the National Ambient Air Quality Standards (NAAQS) PM10 or those counties, or portions of counties,
which are, or were designated nonattainment for the eight (8) hour ozone or PM2.5 national ambient air quality standards, pursuant to
401 KAR 51:010, fires may be set in accordance with this administrative regulation except during the months of May, June, July,
August, and September. During these months, the only open burning activities allowed shall be:
o
Fires set for the cooking of food for human consumption;
o
Fires set for prevention of a fire hazard, including disposal of dangerous materials if no safe alternative is available;
o
Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting
fires;
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Fires set for recognized agricultural, silviculture, range, ecological, and wildlife management practices;
Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials,
and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available
and practical. Permission shall be obtained from the cabinet prior to burning; and
o
Fires set for recreational or ceremonial purposes.
Open burning shall comply with the fire hazard season requirements of KRS 149.400.
Open burning for land clearing purposes associated with residential, commercial, or industrial development shall be limited to a
maximum of two (2) contiguous acres at any one (1) time.
This administrative regulation shall not authorize open burning that is prohibited by any local ordinance.
o
o
•
•
•
Illegal Open Burning
•
Home and Farm: animal bedding, grass clippings, hay, agricultural plastic, muck piles (horse manure/hay)
•
Construction: asbestos materials, buildings, construction debris, demolition debris, renovation debris, drywall, shingles
•
Household Garbage: animal or vegetable matter, cans, plastic, glass, coated paper products, wood materials: fence posts, pallets,
sawdust, wood chips, wood mulch, wood shavings, painted/stained/pressure-treated wood, All wood building materials
•
Miscellaneous: chemical containers, coated wire, insulation furniture, carpeting, rubber, tires, used oil, waste from
industries/businesses/schools/churches/farms
Legal Open Burning
•
Agriculture: plant beds, tobacco curing
•
Land Management: leaves & weeds, storm debris (tree limbs), natural growth from land clearing, natural land management
•
Construction Site Warming Fires: contained in 55 gallon drum (maximum), clean lumber only, only when air temperature is below 50°
•
Miscellaneous: camp fires (cured/seasoned wood), ceremonial bonfires, cooking, uncoated household paper & cardboard products
Louisiana
Louisiana
Department of
Environmental
Quality
Lance Green
Environmental
Scientist
Manager
Air Permits
Division
(225) 219-3389
Lance.green@la
.gov
LAC 33:III.1109 Control of Air
Pollution from
Outdoor Burning
Louisiana Revised
Statues 30:2057 –
Prohibitions
Exceptions
LAC 33: III.1103 Impairment of
Visibility on Public
Precautions
•
Do not burn within 50 feet of any structure.
•
Do not burn near landfills.
•
Do not burn near streams or sinkholes.
•
Do not burn near utility lines.
•
Do not burn on windy days.
LAC 33:III.1109 - Control of Air Pollution from Outdoor Burning
•
No person shall cause or allow the outdoor burning of waste material or other combustible material on any property owned by him or
under his control except as provided by the exemptions below.
•
Outdoor burning of waste material or other combustible material may be conducted in the situations enumerated below if no public
nuisance is or will be created and if the burning is not prohibited by and is conducted in compliance with other applicable laws and with
regulations and orders of governmental entities having jurisdiction, including air control regulations and orders.
1. Outdoor burning in connection with the preparation of food.
2. Campfires and fires used solely for recreational purposes or for ceremonial occasions.
3. Fires purposely set to forest lands for a specific forest management purpose in accordance with practices acceptable to the
Louisiana Forestry Commission.
4. Fires purposely set on agricultural lands for a specific management purpose in accordance with practices acceptable to the
Louisiana Department of Agriculture.
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Roads Prohibited
5.
•
Outdoor burning in a rural park or rural recreation area of trees, brush, grass, and other vegetable matter for game management
purposes in accordance with practices acceptable to Louisiana Parks and Recreation Commission and Louisiana Wildlife and
Fisheries Commission.
6. Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric,
telephone mains, and services.
7. The operation of contrivances using open flames such as welding torches, blow torches, portable heaters, and other flame making
devices.
8. Outdoor burning, in other than rural park or rural recreation area, of trees, brush, grass, and other vegetable matter from such area
in land clearing and right-of-way maintenance operations if the following conditions are met: (a) prevailing winds at the time of
the burning must be away from any city or town, the ambient air of which may be affected by smoke from the burning; (b) the
location of the burning must be at least 1,000 feet (305 metres) from any dwelling other than a dwelling or structure located on the
property on which the burning is conducted; (c) care must be used to minimize the amount of dirt on the material being burned;
(d) heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth which
produce unreasonable amounts of smoke may not be burned; nor may these substances be used to start a fire; (e) the burning may
be conducted only between the hours of 8 a.m. and 5 p.m. Piles of combustible material should be of such size to allow complete
reduction in this time interval; (f) the burning must be controlled so that a traffic hazard as prohibited by LAC 33:III.1109.D is not
created.
9. Fire purposely set as a part of an organized program of drills for the training of fire fighting personnel or for testing fire fighting
materials or equipment if the following conditions are met: (a) the duration of the burning held to the minimum required for such
purposes; (b) the burning is conducted only between the hours of 8 a.m. and 5 p.m.; (c) the burning is controlled so that a traffic
hazard as prohibited by LAC 33:III.1109.D is not created.
10. Outdoor burning of waste hydrocarbon products (from petroleum exploration, development or production operations, natural gas
processing, such as, but not limited to, basic sediments, oil produced in testing an oil well, and paraffin) may be conducted at the
site of origin when it is not practicable to transport the waste products for sale or reclamation, or to dispose of them lawfully in
some other manner. In addition, hydrocarbons spilled or lost from pipeline breaks or other transport failure which cannot
practicably be recovered or be disposed of lawfully in some other manner may be outdoor burned at the site where the spill
occurred or at another appropriate place due to safety considerations. Except when the immediate or continuous burning of
hydrocarbon spills is reasonably necessary to abate or eliminate an existing or imminent threat of injury to human life or
significant damage to property, the outdoor burning shall be conducted under the following conditions: (a) the location of the
burning must not be within or adjacent to a city or town or in such proximity thereto that the ambient air of the city or town may be
affected by smoke from the burning; (b) the burning is conducted only between the hours of 8 a.m. and 5 p.m.; (c) the burning is
controlled so that a traffic hazard as prohibited by LAC 33:III.1109.D is not created.
11. Special Situations Approvable for Exemption by the administrative authority Prior to Initiation of Burning Operation as follows:
(a) outdoor burning of explosives, pyrophoric, or any other materials where there is no practicable or safe method of disposal;
(b) experimental burning for purposes of data gathering and research; (c) non-recurring unusual circumstances or any condition not
covered above.
Traffic Hazards Prohibited. The emission of smoke, suspended particulate matter or uncombined water or any air contaminants or
combinations thereof which passes onto or across a public road and creates a traffic hazard by impairment of visibility as defined in
LAC 33:III.111 or intensifies an existing traffic hazard condition is prohibited.
Louisiana Revised Statues 30:2057 – Prohibitions Exceptions
•
No person shall discharge air contaminants into the air of this state in violation of regulations of the secretary or the terms of any permit,
license, or variance issued hereunder, with the following exceptions:
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1.
2.
3.
4.
5.
6.
•
Maine
Maine
Department of
Environmental
Protection,
Bureau of Air
Quality
Chapter 102 – Open
Burning
To persons who burn agricultural by-products in the field in connection with the planting, harvesting, or processing of agricultural
products.
To controlled burning of cotton gin agricultural wastes in connection with cotton gin operations.
To controlled burning in connection with timber stand management.
To controlled burning of pastureland or marshland in connection with trapping or livestock production.
To the burning of trees, brush, grass, or other vegetable matter in any parish having a population of ninety thousand or less provided the
location of the burning is not within the territorial limits of a city or town or is not adjacent to a city or town in such proximity that the
ambient air of the city or town will be affected by smoke from the burning. However, the governing authority of any municipality
having a population of five thousand or less may burn trees, brush, grass, or other vegetable matter on property that it owns or leases
within the corporate limits of such municipality, provided that all of the following occur: (i) the burning does not occur within five
hundred feet of an occupied house or residence; (ii) the municipality enacts an ordinance to prohibit burning of trees, brush, grass, or
other vegetable matter within its corporate limits; and (iii) the municipality enacts an ordinance to provide for the collection and burning
of trees, brush, grass, or other vegetable matter at a controlled site.
To the burning of trees, branches, limbs, or other wood as a bonfire that is specifically authorized by ordinance in the parishes of St.
James, St. John the Baptist, or St. Charles.
Nothing in this Subtitle or in the rules or regulations adopted pursuant thereto shall prohibit a private property owner from burning yard
waste on his own property, for non-commercial purposes, in parishes with a population of three hundred thousand or less, provided that
the property owner attends the burning of yard waste at all times. The provisions of this Subsection shall not apply in the parish of East
Baton Rouge.
LAC 33: III.1103 - Impairment of Visibility on Public Roads Prohibited
Smoke may not pass onto or across a public road such that it creates a traffic hazard or intensifies an existing traffic hazard by “impairment of
visibility”. The definition of “impairment of visibility” states that impairment of visibility exists when the horizontal visibility at or near
ground level is reduced to three times the stopping distances shown below:
20 mph – 43 feet to stop
30 mph – 79 feet to stop
40 mph – 126 feet to stop
50 mph – 183 feet to stop
60 mph – 251 feet to stop
70 mph – 328 feet to stop
Chapter 102 – Open Burning
Prohibitions and Permissible Open Burning. Outdoor burning is prohibited in all areas of the State, except as follows:
Title 12, Chapter
807 - Forest Fire
Control, Part 11 –
Forestry Subchapter IV Regulation of Open
Burning
Permissible Open Burning With Permit. When not prohibited by local ordinances the following types of burning are permissible if a permit
has been obtained from the Town Forest Fire Warden, forest ranger, or local fire prevention official having jurisdiction over the location
where the fire is to be set, so long as the burning is conducted according to the terms and conditions of such permit and provided no nuisance
is created.
1. Recreational campfires kindled when the ground is not covered by snow;
2. Fires in conjunction with holiday and festive celebration;
3. Burning of solid or liquid fuels and structures for the purpose of research or bona fide instruction and training of municipal or volunteer
firefighters and industrial fire fighters in methods of fighting fires when conducted under the direct control and supervision of qualified
instructors and with a written objective for the training. For purposes of this section, “qualified instructor” means the fire chief or
designee or a fire-fighting instructor. Structures burned for instructional purposes must first be emptied of waste materials that are not
part of the training objective.
4. Burning for agricultural purposes which include but are not limited to open burning of blueberry fields, potato tops, hayfields and
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prescribed burning for timberland management.
Out-of-door burning of wood wastes and painted and unpainted wood from demolition debris in the open. The term “wood wastes”
means brush, stumps, lumber, bark, wood chips, shavings, slabs, edgings, slash, sawdust and wood from production rejects that are not
mixed with other solid or liquid waste, and “lumber” means material that is entirely made of wood and is free from metal, plastics,
coatings and chemical treatments.
6. Open burning of leaves, brush, deadwood and tree cuttings accrued from normal property maintenance by the individual landowner or
lessee of the land unless expressly prohibited by municipal ordinance.
7. Burning on site for the disposal of wood wastes and painted and unpainted wood from construction and demolition debris generated
from the clearing of any land or by the erection, modification, maintenance, demolition or construction of any highway, railroad, power
line, communication line, pipeline, building or development.
8. Burning of vegetative growth for hazardous abatement purposes, such as, but not limited to, the burning of grass fields.
9. Burning for the containment or control of spills of gasoline, kerosene, heating oil or similar petroleum product.
10. The burning of wood wastes and painted and unpainted wood from construction and demolition debris at solid waste facilities.
11. The burning of empty containers, including fiberboard boxes and paper bags, previously containing explosives.
12. Explosives being disposed of under the direct supervision and control of the State Fire Marshal
5.
Although this rule does not require the separation of painted and unpainted wood from demolition debris, Maine law requires that “A person
engaged in any renovation, remodeling, maintenance or repair project involving lead-based paint …shall take reasonable precautions to
prevent the release of lead to the environment, including the cleanup, removal and appropriate disposal of all visible lead-based paint debris
generated by the project.”
Permissible Open Burning Without Permit. When not prohibited by local ordinances, the following types of burning are permissible without a
permit so long as no nuisance is created.
1.
2.
3.
Residential use of outdoor grills and fireplaces for recreational purposes such as preparing food.
Recreational campfires kindled when the ground is covered with snow or on frozen bodies of water.
Use of outdoor grills and fireplaces for recreational purposes such as preparing food at commercial campgrounds in organized towns, as
long as the commercial campgrounds are licensed by the health engineering division of the Department of Human Services.
Open burning can only be conducted after 5pm and before 9am. The only exception to the allowable burning times occurs if you have
purchased a permit and there is a steady rain, or the ground is completely covered with snow. On-line burn permits are only valid on class 1 or
2 days. The person requesting the permit must verify the class day by selecting the "forest fire danger report" link after 9am on the day they
desire to burn.
Title 12, Chapter 807 - Forest Fire Control, Part 11 – Forestry - Subchapter IV - Regulation of Open Burning
Dumps
•
Any municipal or private dump within the State established and maintained for the disposal of solid waste, which might facilitate either
the origin or spread of forest fires shall be operated under the following preventive measures: (i) a strip 10 feet wide cleared to mineral
soil shall be constructed on all sides of the dump; (ii) a water supply, the suitability of which shall be determined by the forest ranger
and town forest fire warden, may be substituted for the cleared strip along any portion of the perimeter; and (iii) all grass, weeds, slash,
brush and debris and other inflammable material shall be removed for a distance of 100 feet in all directions outside the cleared mineral
soil strip. Live trees need not be removed, except that green branches of conifers and dead branches of all trees shall be pruned to a
height of 10 feet above the ground. Dead snags of all trees shall be removed.
•
During periods of high forest fire hazard if a municipal dump is burning, municipal officers shall maintain a watchkeeper at such dumps
and owners and operators of private dumps shall do the same.
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Out-of-Door Fires
In issuing any permit or permission for allowable burning, the director shall consider the following criteria:
•
Forest fire danger indices and location of proposed burning;
•
The time of day and season of the year;
•
The temperature, humidity, wind speed and direction;
•
The matter and type of burning proposed, giving due consideration to prohibitions and permissible open-burning rules of the Department
of Environmental Protection;
•
With regard to recreational fires, the feasibility of use of public campsites;
•
The length of the burning period;
•
The presence or availability of sufficient force and equipment to control the burning;
•
Experience and capability of the permittee in the safe use and control of the proposed burning;
•
The public health risk from toxic chemicals in the smoke plume in accordance with guidelines issued by the Department of
Environmental Protection and the practicality of locating the incinerator at least 300 feet from any abutting property boundary and at
least 150 feet from any residential dwelling. These setback criteria may not be used to deny a permit.
The director or the director's delegate may revoke any permit during a period of high forest fire danger or any permit which results in creation
of a nuisance condition.
Slash and Brush Permits
•
No person shall kindle or use a fire for clearing land or burning logs, stumps, roots, brush, slash, fields of grass, pasture or blueberry
lands without a permit from the director.
•
Whoever by himself or by his servant, agent or guide or as the servant, agent or guide of any other person shall build a camp, cooking or
other fire or use an abandoned camp, cooking or other fire in or adjacent to any woods in this State, shall, before leaving such fire,
totally extinguish the same.
•
Whoever kindles or uses a fire on his own land shall do so at a suitable time and in a careful and prudent manner and is liable in a civil
action to any person injured by his failure to comply with this provision.
•
No person shall dispose of a lighted match, cigarette, cigar, ashes or other flaming or glowing substance or any other substance or thing
in such a condition that it is likely to ignite forest, brush, grass or other lands or dispose of any of the aforesaid objects or substances
from a moving vehicle.
•
No person shall kindle or use an out-of-door fire on land of another without permission of the owner, except at public campsites and
lunch grounds maintained or authorized by the division, state parks and state highway picnic areas. This subsection shall not apply to the
use of portable stoves which are fueled by propane gas, gasoline or sterno.
•
Except as provided in this subsection, the out-of-door burning of plastic, rubber, styrofoam, metals, food wastes, chemicals, treated
wood or other solid wastes is prohibited in all areas of the State. For the purposes of this subsection, the term "lumber" means material
that is entirely made of wood and is free from metal, plastics, coatings and chemical treatments and the term "wood wastes" means
brush, stumps, lumber, bark, wood chips, shavings, slabs, edgings, slash, sawdust and wood from production rejects that are not mixed
with other solid or liquid waste. The following materials are exempt from this subsection: (i) wood wastes; (ii) painted and unpainted
wood from construction and demolition debris; (iii) empty containers, including fiberboard boxes and paper bags, previously containing
explosives and being disposed of in accordance with the provisions of Title 25, section 2472; and [2001, c. 626, §4 (NEW).]; and (iv)
explosives being disposed of under the direct supervision and control of the State Fire Marshal.
A permit may be revoked during a period of high forest fire danger or where a nuisance condition is created.
Other Information on Open Burning – Open Burning Safety Criteria
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•
Maryland
Massachusetts
Maryland
Department of
Natural
Resources
(Title 08), Forests
and Parks (Subtitle
07), Forest Fire
Protection (Chapter
04), Open Air
Burning (.03)
Regulation 310
CMR 7.07: U Open
Burning
Appropriate wind speeds for burning are 1-10 mph. For grass burning, wind speed should be 5 mph and lower. For brush, wind speeds
less than 10 mph are acceptable.
•
Small, hot fires assist in dispersion and produce less smoke.
•
Short, frequent burn periods will help ensure that weather conditions won’t change and cause a nuisance from air pollution.
•
Fires must be attended at all times: (i) debris-one adult, one garden hose or bucket of water present at all times; (ii) grass--at least 2
adults, brooms or other appropriate items to suffocate a fire, buckets of water as well as garden hose; (iii) brush--at least 2 adults, garden
hose, buckets of water and a few hand tools such as shovel and rake.
•
Do not burn during an inversion (stagnant air conditions). The State guidelines allow open burning at the appropriate daylight hours for
the season and fire hazards index. Although the Bureau of Forestry generally recommends burning after 5 p.m. for fire control safety, be
aware that night time and early morning burning when air may be stagnant can create an air pollution nuisance and may necessitate a
permit being revoked and the fire to be extinguished.
(Title 08, Forests and Parks (Subtitle 07), Forest Fire Protection (Chapter 04), Open Air Burning (.03)
This regulation applies to areas within 60 metres of woodland, or activities adjacent to or within an area where flammable materials, that
could ignite and carry fire to woodland, are located. This regulation does not apply inside the limits of incorporated towns. The regulation
states that a person may not engage in open air burning except under the following conditions:
•
there is a natural or constructed fire break at least 10 feet wide completely around the material to be burned that is free of flammable
materials;
•
“adequate” personnel and equipment must be present to prevent fire from escaping;
•
at least one person must remain at the scene of the burn until there all embers have been extinguished; and
•
all burning must occur between 4pm and midnight.
Burns that do not comply with the above requirements can be undertaken if a permit has been granted. A person may not dispose of
flammable material in a disposal area by open burning, unless there is a cleared strip, free of all flammable material, at least 30 metres wide,
and unless a permit has been issued for said burn.
Regulation 310 CMR 7.07: U Open Burning
Open burning is prohibited, except for under certain circumstances. Open burning for the purpose of combating or backfiring an existing fire
(by persons affiliated with an official firefighting agency), open burning for cooking purposes, and open burning related to the operation of
devices such as blowtorches and welding torches are not prohibited.
Except during periods of adverse meteorological conditions (as determined by the department), open burning is allowed for the following:
•
training or research in fire protection or prevention;
•
activities associated with the normal pursuit of agriculture that include but are not limited to open burning of blueberry patches for
pruning purposes, dead raspberry stalks, fruit tree prunings, and infected beehives for disease control;
•
open burning of brush and trees from agricultural land clearing operations;
•
the disposal of fungus-infected elm wood provided there is no suitable alternative; and
•
the disposal of brush, cane, driftwood, and forestry debris excluding grass, hay, leaves and stumps from January 15th to May 1st.
•
•
•
All open burning must be conducted on land proximate to the place the waste was generated, at a location greater than 22.8 metres (75
feet) from any dwelling, and between 10 AM and 4 P.M.
Open burning for commercial or institutional (non-agricultural) purposes is not permitted. Also, certain towns and cities in
Massachusetts open burning is not permitted.
Open burning conducted in compliance with the above must only be conducted during periods of good atmospheric ventilation, without
causing a nuisance, with smoke minimizing starters if starting aids are used, and under the provision of a properly executed permit.
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Michigan
Department of
Environmental
Quality
Open Burning
Regulations
Anita Singh –
517-335-2356
Jim Ostrowski –
517-241-8057
Air Pollution
Control, Rule
336.1310 Open
Burning
Rule 299.4128 Open
dumping and open
burning prohibited
Air Pollution Control, Rule 336.1310 Open Burning
A person shall not cause or permit open burning of refuse, garbage, or any other waste materials, except for the burning of any of the
following:
•
Waste disposal material from and at 1- or 2-family dwellings that does not contain plastic, rubber, foam, chemically treated wood,
textiles, electronics, chemicals, or hazardous materials, if the burning does not violate any other department rules.
•
Structures and other materials used exclusively for fire prevention training.
•
Trees, logs, brush, and stumps in accordance with applicable state and local regulations if the burning is not conducted within a priority I
area, a priority II area, nor closer than 1,400 feet to an incorporated city or village limit and if the burning does not violate any other
department rules.
•
Beekeeping equipment and products, including frames, hive bodies, hive covers, combs, wax, and honey, if burned for bee disease
control.
•
Logs, brush, charcoal, and similar materials that are used in preparing food or for recreation.
•
Wooden fruit or vegetable storage bins constructed from untreated lumber if both of the following requirements are met:
o
The burning is conducted for disease or pest control.
o
The burning is not conducted at any of the following locations:

Within a priority I or II area as listed in the regulation

In a city or village.

Within 1,400 feet outside the boundary of a city or village.
The exceptions specified in subrule (1) of this rule do not authorize open burning if prohibited by local law or regulation.
Open Dumping and Open Burning Prohibited
Open burning of solid waste is prohibited, except as provided in the following subrules:
•
If not prohibited by local ordinance, an individual is not prohibited by the act and these rules from burning solid waste from the
individual's own household upon the individual's own land if both of the following conditions are met:
o
The burning does not create a nuisance and is otherwise in compliance with part 55 of the act and the administrative rules
promulgated under part 55 of the act.
o
The burning is conducted in an approved container constructed of metal or masonry that has a metal covering device that
does not have openings larger than ¾ inch.
•
A person may burn waste for energy recovery in a facility other than an incinerator under R299.4110.
•
A person may burn trees, logs, brush, and stumps under R 299.4110.
•
The open burning of grass clippings or leaves, or both, is prohibited in any municipality that has a population of 7,500 or more persons
under section 11522 of the act, unless specifically authorized by local ordinance. A municipality shall report an open burning ordinance
to the department within 30 days of the enactment of the ordinance.
Open Burning Safety
•
Keep vegetation clear in a 10 foot circle around your burn barrel.
•
Know the current fire and weather conditions. Do not burn on windy days or during periods of dry weather.
•
Burning shortly after a rainfall or in the evenings is the safest.
•
Stay with your fire until it is out.
Alternatives
•
Reduce, reuse, recycle, send to landfill.
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•
•
Composting: composting yard waste in your back yard is an inexpensive way to turn leaves and grass clippings into compost that can be
used to enhance garden soil or for mulch in landscaping.
Burn barrels do not provide good combustion of household waste. The smoke emitted consists of a number of chemicals that can be
irritating or harmful. Chemicals commonly detected in burn barrel smoke include dioxins, benzene, styrene, formaldehyde, furans,
PCBs, lead, mercury, and arsenic.
Permits
Unless otherwise allowed by the above regulations, burn permits are issued for the following burns:
•
Limbs, brush, stumps, evergreen needles, leaves, grass, and ongoing burns for construction and land clearing, roadway maintenance, and
uncertified party's performing prescribed burns without a written plan require a burn permit issued by the local DNR Fire Manager.
Permits are not required for the following activities:
•
Cooking or recreational campfires
•
Anytime there is continuous snow cover adjacent to your fire
•
Household paper materials that does not contain plastic, rubber, foam, or textiles that is burned in a container constructed of metal or
masonry, with a covering device having openings no larger than 3/4 of an inch.
The following items can never be burned due to air quality regulations: (i) demolition debris; (ii) construction materials; (iii) automotive parts;
and (iv) household trash that contains plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals or hazardous materials.
Minnesota
Minnesota
Pollution
Control Agency
88.171 Open
Burning
Prohibitions
Mississippi
Chris Sanders
Environmental
Compliance &
Enforcement
Division 601961-5682
Title 11, Part 2,
Chapter 1:
Regulations for the
Prevention,
Abatement, and
Control of Air
The burning of logs, stumps, trees, and brush is not allowed within 1,400 feet of a city or village under DEQ air quality rules. In general, state
law allows burning of leaves and grass clippings in municipalities of under 7500 people, but not in communities of greater population.
However, local ordinances may prohibit burning in smaller communities, and larger communities may opt to allow burning leaves and grass
clippings through local ordinances.
88.171 Open Burning Prohibitions
•
Open burning in Minnesota requires a permit. The permits set times and conditions by which the fire may be started and burned, and will
list the materials that may be burned. The permittee must remain with the fire at all times and must completely extinguish the fire before
leaving the site. Special permits can also be issued for fire training, or permanent tree and brush removal for certain circumstances.
•
Open burning of rubber, plastics, chemically treated materials or other materials that produce excessive or noxious smoke including, but
not limited to, tires, railroad ties, chemically treated lumber, composite shingles, tar paper, insulation, composition board, sheetrock,
wiring, paint or paint filters is prohibited unless special permission is granted by the commissioner.
•
The burning of hazardous waste, industrial solid waste, oil, demolition debris, and motor vehicles is also prohibited. Conducting,
causing or permitting salvage operations via open burning is likewise not allowed. Garbage resulting from the handling, processing,
storage, preparation, serving, or consumption of food may not be disposed of via open burning, and fires must not be allowed to smolder
with no flame present, except when this is occurring for the purpose of managing forests, prairies or wildlife habitats.
•
Someone who owns and operates a farm may conduct open burning for the disposal of solid waste generated from the persons household
or as part of the farming operations or concrete or reinforcing bar from a building or structure located on the land used for farming
without the need for a permit.
Title 11, Part 2, Chapter 1: Regulations for the Prevention, Abatement, and Control of Air Contaminants
The open burning of residential, commercial, institutional, or industrial solid waste, is prohibited. This prohibition does not apply to
infrequent burning of agricultural wastes in the field, silvicultural wastes for forest management purposes, landclearing debris, debris from
emergency clean-up operations, and ordnance; and permitted open burning at hazardous waste disposal facilities subject to regulation under
Subtitle C of the Federal Resource Conservation and Recovery Act (RCRA).
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chris_sanders@
deq.state.ms.us
Contaminants
•
Title 49, Chapter 19.
Forests and Forest
Protection Section
49-19-351.
Restrictions on
Outdoor Burning
During Drought or
Wildfire Conditions
•
Title 17, Chapter 17,
Part 9 Burning Of
Garbage
•
Fires set for the burning of agricultural wastes in the field and/or silvicultural wastes for forest management purposes must meet the
following conditions.
o
A permit must be obtained from the Mississippi Forestry Commission.
o
The open burning must occur within a time period allowing adequate diffusion of air pollutants as defined by the permit and
the daily weather guides issued by the National Weather Forecast Office.
o
Starter or auxiliary fuels may consist of dried vegetation, petroleum derived fuels of the gasoline, kerosene, or light fuel oil
types (diesel), or a combination thereof. Use of or burning of other combustible material that causes excessive visible
emission (e.g., rubber tires, plastic materials, etc.) is prohibited.
Open burning of land-clearing debris must not use starter or auxiliary fuels which cause excessive smoke (rubber tires, plastics, etc.);
must not be performed if prohibited by local ordinances; must not cause a traffic hazard; must not take place where there is a High Fire
Danger Alert declared by the Mississippi Forestry Commission or Emergency Air Pollution Episode Alert imposed by the Executive
Director and must meet the following buffer zones.
o
Open burning without a forced-draft air system must not occur within 500 yards of an occupied dwelling.
o
Open burning utilizing a forced-draft air system on all fires to improve the combustion rate and reduce smoke may be done
within 500 yards of but not within 50 yards of an occupied dwelling.
o
Burning must not occur within 500 yards of commercial airport property, private air fields, or marked off-runway aircraft
approach corridors unless written approval to conduct burning is secured from the proper airport authority, owner or operator.
Permitted open burning at a hazardous waste disposal facility subject to regulation under Subtitle C of RCRA is considered a stationary
source of air pollution subject to Mississippi air emission permitting regulations.
Title 49, Chapter 19. Forests and Forest Protection Section 49-19-351. Restrictions on Outdoor Burning During Drought or Wildfire
Conditions
If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of
supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the
board of supervisors.
•
The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if
drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during
which burning is restricted. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions
no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer
exist.
Title 17, Chapter 17, Part 9 Burning Of Garbage
No garbage, or rubbish containing garbage or other putrescible materials, or hazardous wastes shall be burned except in approved incinerators
meeting the necessary temperature requirements and air pollution controls as now established or may later be established. The open burning of
rubbish shall be permitted only under controlled circumstances where sanitary landfill and landfill is not feasible, and not in proximity to
sanitary landfill or landfill operations where spread of fire to these operations may be a hazard in the opinion of the controlling agency.
Missouri
10 CSR 10-3.030
Open Burning
Restrictions
The Mississippi Forestry Commission issues burn bans for certain counties to reduce the risk of forest fires.
10 CSR 10-3.030 Open Burning Restrictions
The open burning of trade waste, construction waste, salvage waste, or demolition project waste is prohibited in Missouri. This open burning
prohibition includes tires, rubber products, asbestos-containing material, hazardous material, styrofoam, plastics, petroleum-based products,
treated wood and other refuse. The open burning of certain trade wastes can be considered, but only when it can be shown that open burning is
the only safe or feasible (economic considerations will not be the primary determinant of feasibility) option.
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Open burning permits may be granted to sanitary landfills, demolition landfills, compost plants, transfer stations or salvage operations under
the following conditions:
•
the operation has a valid permit, or is approved for open burning by the staff director;
•
only tree trunks, tree limbs, vegetation (excluding leaves or lawn clippings) or untreated waste lumber are allowed to be burned;
•
the open burning may only take place at a time of day when atmospheric conditions will permit the adequate dispersion of the smoke,
and an air curtain destructor must be used (and operated properly so that 20% opacity is not exceeded);
•
the burning site must be at least 182 metres (200 yards) or greater from an inhabited residential or commercial residence.
Montana
Department of
Environmental
Quality
Lacey Evans
Open Burning
Restrictions
406-444-0283
Chapter 8: Air
Quality, Subchapter
6: Open Burning
Open burning is generally prohibited in Missouri, but is allowed under the following circumstances:
•
burning household refuse on residential premises with not more than four dwelling units, provided that the refuse originates from the
same premises and excludes tires;
•
fires set on cropland in connection with agricultural or forestry operations related to the growing or harvesting of crops;
•
fires set for the purpose of fire training;
•
camp fires and other fires used solely for recreational purposes, for ceremonial occasions or for outdoor non-commercial preparation of
food;
•
prescribed burning for natural resource management purposes limited to authorized agencies;
•
fires set for the purpose of protecting human health or preventing environmental damage in conjunction with environmental emergency
response personnel; and
•
open burning of tree trunks, tree limbs, and vegetation from land clearing operations, commercial tree trimming and municipal utility
tree trimming operations when burning takes place outside the city limits of any incorporated area or municipality and at a distance
equal to or greater than 182 metres (200 yards) from the nearest unoccupied structure (commercial and municipal tree trimming
operations require an annually renewable permit for these operations).
Chapter 8: Air Quality, Subchapter 6: Open Burning
Best Available Control Technology (BACT)
Such techniques and methods may include the following:
• scheduling of burning during periods and seasons of good ventilation;
• applying dispersion forecasts;
• utilizing predictive modeling results performed by and available from the department to minimize smoke impacts;
• limiting the amount of burning to be performed during any one time;
• using ignition and burning techniques which minimize smoke production;
• selecting fuel preparation methods that will minimize dirt and moisture content;
• promoting fuel configurations which create an adequate air to fuel ratio;
• prioritizing burns as to air quality impact and assigning control techniques accordingly;
• promoting alternative treatments and uses of materials to be burned; and
• selecting sites that will minimize smoke impacts.
•
For essential agricultural open burning, prescribed wildland open burning, conditional air quality open burning, commercial film
production open burning, Christmas tree waste open burning, or any other minor open burning during September, October, or
November, BACT includes burning only during the time periods specified by the department.
The following material may not be disposed of by open burning:
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(a) any waste which is moved from the premises where it was generated, except as provided in the regulation;
(b) food wastes, styrofoam and other plastics; wastes generating noxious odors; wood and wood by-products that have been coated, painted,
stained, treated, or contaminated by a foreign material; poultry litter; animal droppings; dead animals or dead animal parts; tires; rubber
materials; asphalt shingles; tar paper; automobile or aircraft bodies and interiors; insulated wire; oil or petroleum products; treated lumber and
timbers; pathogenic wastes; hazardous wastes; trade wastes; any materials resulting from a salvage operation; chemicals; Christmas tree
waste; asbestos or asbestos-containing materials; standing or demolished structures containing prohibited material; and paint.
The following categories of open burning may be conducted during the entire year:
• prescribed wildland open burning;
• open burning to train firefighters under the regulation;
• open burning authorized under the emergency open burning permit provisions in the regulation;
• essential agricultural open burning;
• conditional air quality open burning;
• commercial film production open burning;
• Christmas tree waste open burning; and
• any minor open burning that is not prohibited or allowed by the regulation;
Open burning other than those categories listed above may be conducted only during the months of March through November.
•
Minor Open Burning Requirements – Minor open burning is any open burning not categorized as major. Unless required to obtain an
open burning permit under another provision of the regulation, a minor open burning source need not obtain an air quality open burning
permit. A minor open burning source must:
o
conform with BACT;
o
comply with all rules in the regulation subchapter; and
o
comply with any requirements or regulations relating to open burning established by any agency of local government,
including local air pollution agencies established under the Montana Clean Air Act, or any other municipal or county agency
responsible for protecting public health and welfare.
In addition to the above requirements, minor open burning sources are also subject to conditions during specific months such as obtaining
written permission and adhering to any special conditions available by calling the department. Special requirements also exist if the minor
open burn source is located inside or outside the Montana open burning zone.
•
Nebraska
Nebraska
Department of
Chapter 30 (Open
Fires) of Title 129 –
Major Open Burning Requirements – a major open burning source is any open burn that, on a statewide basis, will emit more than 500
tons of carbon monoxide or 50 tons per year of any other pollutant (except hydrocarbons) per calendar year. Prior to open burning, a
major open burning source must submit an application to the department for an air quality major open burning permit. The application
must be accompanied by the appropriate air quality permit application fee required under the regulation and must contain the following
information: (i) a legal description of each planned site of open burning or a detailed map showing the location of each planned site of
open burning; (ii) the elevation of each planned site of open burning; (iii) the method of burning to be used at each planned site of open
burning; and (iv) the average fuel loading or total fuel loading at each site to be burned. A major open burning source must: (i) conform
with BACT; and (ii) comply with the conditions in any air quality open burning permit.
Montana’s Department of Environmental Quality operates a year round open burning program as well as issues air quality open burning
permits for specific types of open burning. Specific permits are available for the following activities: trade wastes, landfills, firefighter
training, emergency open burning, Christmas tree waste, commercial film production, major open burning, winter time open burning.
Chapter 30 (Open Fires) of Title 129 – Nebraska Air Quality Regulations
No person shall cause or allow any open fires, with the following exceptions:
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Environmental
Quality
Nebraska Air
Quality Regulations
Nebraska Revised
Statute 81-520.01 Statewide Open
Burning Ban;
Waiver; Permit; Fee
•
•
•
•
•
•
•
•
•
Fires set solely as part of a religious activity, for recreational purposes or for outdoor cooking of food for human consumption on noncommercial premises, provided no nuisance or hazard is created.
Fires set for the purpose of training public and industrial firefighting personnel.
Fires set in the operation of smokeless flare stacks for the combustion of waste gases, provided they meet the requirements of Chapter
20, Particulate Emissions; Limitations and Standards.
Fires set in an agricultural operation where no nuisance or traffic hazard is created. For the purpose of this regulation, “fires set in an
agricultural operation" shall mean: (i) the burning of any trees or vegetation indigenous to the property of the owner or person in lawful
possession of the land; and (ii) the burning of any agriculturally related material that is potentially hazardous and where disposal by
burning is recommended by the manufacturer. Such materials must have been used on the owner's property or person in legal possession
of the said property.
Unless prohibited by local ordinances, fires set to destroy household refuse on residential premises containing ten or less dwelling units,
by individuals residing on the premises and no nuisance or traffic hazard is created.
For the purpose of plant and wildlife and parks management, provided such burning is conducted by the Nebraska Game Commission,
the U.S. Forest Service, the University of Nebraska, or other groups as determined by the Department.
Unless prohibited by local ordinances or regulations, fires set in compliance with a general open fire permit or a community open fire
permit issued by the Department: (i) for the purpose of the destruction of dangerous materials, diseased vegetation or abatement of a fire
hazard; (ii) for the purpose of destruction of trees, brush and other vegetation removed from road and utility right-of-ways; (iii) for the
purpose of the destruction of trees, brush, vegetation and untreated lumber generated as a result of land clearing, and construction
activities; (iv) for the purpose of the destruction of straw used as a winter insulating cover on agricultural products; (v) for the purpose of
destroying untreated wood and trees at community land disposal sites. (Materials being burned must be in an area separate from
materials not being burned); (vi) for the purpose of destruction of materials after cleanup from a natural disaster.
Permits for open fires as specified in this regulation will be granted only if there is no other practical means of disposal.
Exceptions to the open burning prohibition in which the Nebraska Department of Environmental Quality will issue a written permit on a
case-by-case basis include: (i) destruction of dangerous materials, diseased vegetation or abatement of a fire hazard; (ii) destruction of
straw used as winter insulation cover on agricultural products; (iii) destruction of materials after cleanup of a natural disaster (for
example tornados); (iv) destruction of trees, brush and untreated lumber as a result of clearing land for construction or clearing for rightof-way; and (v) destruction of trees, brush, and untreated lumber at community sites.
Nebraska Revised Statute 81-520.01 - Statewide Open Burning Ban; Waiver; Permit; Fee
•
There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
•
The fire chief of a local fire department may waive an open burning ban for an area under the local fire department's jurisdiction by
issuing an open burning permit to a person requesting permission to conduct open burning.
•
The fire chief of a local fire department may waive the open burning ban in the local fire department's jurisdiction when conditions are
acceptable to the chief.
•
The fire chief of a local fire department may adopt standards listing the conditions acceptable for issuing a permit to conduct open
burning.
Best Practices
•
The fire must be attended to at all times, with sufficient means on hand to control the burning, until the fire has completely burned out.
Burned brush, logs, and other solid materials must be covered with earth or thoroughly saturated with water before the attendant leaves
the site.
•
An area sufficient to prevent communication of fire beyond the burning site must be cleared before burning.
•
There will be no burning when wind conditions exceed 15 miles per hour or during any other conditions which may exist to cause a
hazardous situation.
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•
•
•
Nevada
Nevada
Division of
Environmental
Protection
Bureau of Air
Quality
Planning
(775) 687-9494
NAC 445B.22067
Open Burning
The Nevada
Handbook for
Agricultural Open
Burning
When a local ban on burning is put into effect by the Fire Chief, the permit will automatically be voided until such a ban is removed.
Open burning will be allowed during the hours of 0600 and 2300 and must be completely extinguished by 2300.
Absolutely no burning of rubber, creosote, shingles, tar paper, garbage, treated lumber or other items that may be harmful to the
environment or cause noxious odours and smoke is allowed or authorized by the permit.
Other Information from Nebraska
•
Agricultural Field Burning - before starting a fire, make certain that there is a fire line completely around the field. A 6-foot fire line
should be sufficient in most cases. Have plenty of men and equipment on hand to fight the fire if it starts to get out of control. Some
wind is necessary to carry the fire across the field, but remember that too strong a wind will also carry it across your fire line. To speed
up the operation on days of light wind, the fire can be lighted in strips perpendicular to the wind direction. Burn the first strips on the
downwind side of the field and move upwind to start the other strips.
•
Large, open piles - when burning materials such as tree limbs and stumps, locate the pile away from buildings and other high hazard
areas. Plow a fire line (minimum of 3 feet wide) around the pile of debris. The fire line must completely encircle the pile and expose
bare soil. Have sufficient equipment (hoses, shovels, and tractors are good) nearby to fight the fire if it gets out of control. It is especially
important that this type of fire never be left unattended.
NAC 445B.22067 Open Burning
•
The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, except as specifically exempted, is
prohibited.
•
Open burning:
1. For the purpose of weed abatement, conservation, disease control, game or forest management, personnel training or elimination of
hazards is allowed if: (i) approved in advance by the Director; or (ii) authorized by an officer of the State of Nevada or its political
subdivisions and concurred in by the Director.
2. Of yard waste and other untreated wood waste is allowed if approved in advance by the Director.
3. Is allowed for agricultural purposes and management except where prohibited by local ordinances or regulations.
4. Is allowed at single-family residences located in all areas of the State except in and within 1 mile of the boundaries of Babbitt,
Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock,
McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in
those portions of Lyon County that are within 1 mile of the Carson City line.
5. Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin,
Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City,
Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that
are within 1 mile of the Carson City line if: (i) authorized by an officer of the State of Nevada or its political subdivisions; (ii)
concurred in by the Director; and (iii) not specifically prohibited by local ordinances or regulations.
6. Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes.
•
All open burning must be attended and controlled at all times to eliminate fire hazards.
The Nevada Handbook for Agricultural Open Burning
•
Smoke Reduction - vegetation will burn hotter, more completely and produce less smoke if it is dry, loosely stacked and contains very
little soil. Fuel moisture has the biggest influence on combustion efficiency and the amount of smoke generated. This moisture must be
boiled off before the fire is hot enough to burn efficiently. Because of its high moisture content, green wood smokes more and burns
cooler. Loosely stacked material smokes less because the flame is exposed to more air. Conversely, dirt keeps air away from the fuel
causing it to smolder and generate additional smoke.
•
Burning Hours - for best smoke dispersion, it is preferable to start the burn after 10 AM and make sure it is completely out by 4 pm.
Late-morning ignition allows the ground to heat up and the dew to evaporate, producing less smoke and allowing the smoke produced to
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•
•
•
•
•
•
rise. If you ignite late in the day, cooling temperatures will hold the smoke close to the ground and keep it there until the following
morning when the sun starts the thermal lift process. Following recommended burning hours is one of the easier methods to minimize
smoke impacts on yourself and the surrounding community. By lighting a test fire, you will be able to see how well the material burns
and where the smoke is going. Wait a day if the fuel is too damp, the smoke is not lifting or is blowing towards a sensitive area such a
school, hospital, nursing home, airport, or recreational area.
Burning Days - consider rescheduling your burn if there is a high risk of wildfire or there is a lot of smoke in the air. Additionally, it is
always a good idea to evaluate non-burning alternatives. You may wish to limit burning activity on weekends, holidays or when nearby
sporting activities are scheduled.
Ignition Techniques - the ignition technique has a big influence on the amount of smoke produced. If burning a field, light the fire at the
downwind edge. Backfires force the fire to creep into the wind allowing greater fire control and more complete combustion. This
method produces fewer particulates and does not leave smoking patches behind that require additional attention. The strip-fire method is
a variation of the backfire. Light the field in strips while walking straight through into the wind. Use an ignition device that does not
produce black smoke, such as butane, propane or diesel oil burners. A burning tire is a poor choice for an ignition device – this method
generates excess smoke and is dangerous.
Crop Residue Burning - allow the crop residue to dry as much as possible before burning to reduce the amount of smoke. You might
allow 3 days for spread straw or 10 days for rowed straw depending on conditions. The preferred ignition methods are backfiring and
strip-firing.
Ditch/Fence-Line Burning - kill the grass and/or weeds first and allow them to dry. Once the material is dry and conditions are
favorable, use one of the preferred ignition techniques if possible.
Rangeland Burning - ensure the fuels are dry, control measures are in place and local authorities are notified. Use one of the preferred
ignition techniques.
Land Clearance and Upkeep - stack the material and allow it to dry. Prunings and small branches may take three weeks. Allow six weeks
for large branches and stumps. Arrange stacked material to allow air to freely circulate. Allow the pile to breathe by making smaller
piles. Avoid pushing soil into the pile.
Burn Notification
•
Letting other burners know when you are going to burn is key to effective smoke management. The primary goal is not to reduce the
number of fires during the year, but to reduce those on a single day. Burning activities can be coordinated through the Bureau of Air
Quality Planning or a local coordination network. Regardless of whether you coordinate your burning activity, it is helpful to notify
local fire officials before you burn. Effective notification will prevent an unnecessary emergency response to your smoke plume.
•
Effective methods of notifying the public include fliers at grocery stores and the local Post Office, and press releases with the local
newspapers or television stations. These notification actions can help prevent various inconveniences and dangers on the part of the
public and local fire department. Too frequently, people are injured or killed due to reduced visibility when a dense smoke plume drifts
across the highway. Posting signs and monitoring smoke on the roadway will warn motorists of reduced visibility ahead.
•
For agricultural burns less than 50 acres per day, you should contact local authorities before ignition.
•
For burns of 50 to 500 acres, or burns that are closer to populated areas, a completed one-page notice of your intent to burn is
appropriate. Notification will be most useful if it precedes the projected burn date(s) by at least two weeks.
•
For burns of 500 – 1,500 acres per day, or burns close to population centers and roadways, a burn plan may be necessary. A burn plan
contains more detailed information, such as: (i) the specific location and description of the area to be burned; (ii) the responsible
personnel; (iii) an emergency telephone number; (iv) the property owner; (v) the agency/contractor conducting the burn; (vi) the burn
prescription; (vii) the number of acres to be burned, the type of fuel, fuel loading estimates and the ignition technique to be used; (viii) a
list of agencies and private parties involved; (ix) a map depicting the potential impact of the smoke for 15 miles from the burn site.
Delineate the daytime and nighttime smoke path and smoke sensitive areas on a map at a scale that allows identification; (x) a discussion
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of the public notification procedures; and (xi) an evaluation of alternative treatments.
For burns larger than 1,500 acres or burns with smoke sensitive receptors nearby, (such as hospitals and schools) additional plans should
be made, including: (i) a smoke management plan that includes actions taken to minimize emissions before, during and after the fire; (ii)
an emissions estimate including the models, methods and emission factors; (iii) safety and contingency plans; (iv) a list of potentially
impacted jurisdictions and the names and telephone numbers of the respective regulators; and (v) the type of air monitoring proposed.
Chapter Env-A 1000 – Prevention, Abatement, and Control of Open Source Air Pollution – Part Env-A 1001 Open Burning
Open burning in any part of the state shall be permissible only when the burning:
(a) is conducted in accordance with the more stringent of all applicable state and local ordinances;
(b) is authorized by an official having jurisdiction over open burning, whenever authorization is required; and
(c) includes only materials allowed by law or rule to be burned in the open.
•
New Hampshire
Tom Guertin
Senior
Compliance
Assessment
Specialist
NHDES Air
Resources
Division
29 Hazen Drive;
PO Box 95
Concord, NH
03302-0095
(603) 271-1370
thomas.guertin
@des.nh.gov
New Hampshire
Code of
Administrative
Rules
Chapter Env-A 1000
– Prevention,
Abatement, and
Control of Open
Source Air Pollution
– Part Env-A 1001
Open Burning
Chapter 128 HB 428
– Wood Component
of Construction and
Demolition Debris
RSA 125-N –
Prohibition of
Residential Burning
of Domestic Waste
Title XIX-A
Forestry – Chapter
227L – Woodland
Fire Control
Throughout the state, the following types of open burning shall be permissible without authorization from the department provided the
requirements specified above are met:
•
Burning of untreated wood, campfire wood, brush, or charcoal in a campfire, outdoor grill, or outdoor fireplace for recreational purposes
or for the preparation of food;
•
On-premises burning for the purpose of frost prevention or agricultural, forestry, or wildlife habitat improvement;
•
Burning of untreated wood, campfire wood, or brush in bonfires in conjunction with holiday or festive celebrations;
•
On-site burning by the land owner of brush or leaves, provided the material originates on-site;
•
On-site burning, by the owner of a private, single-family residence occupied by the owner, of untreated wood, provided the material
originates on-site;
•
Burning by any city or town of brush; and
•
Only until January 1, 2014, the incidental combustion, under the supervision of a solid waste facility operator, of the untreated wood
component of construction and demolition debris at any municipal transfer station.
•
•
•
•
•
Residential open burning of combustible domestic waste is prohibited.
No tires, tubes or any portion thereof shall be burned in the ambient air at any place in the state for any reason.
No salvaging or reclaiming operation shall burn anything on-site in the ambient air.
Except as expressly allowed under permit, no person shall combust in the open or allow the open burning of construction and demolition
debris, including the wood component thereof.
A more comprehensive listing of materials that cannot be burned outside includes the following - household trash; packaging materials;
coated or laminated papers; wood (e.g., painted, treated, plywood); coated or treated cardboard; animal, vegetable, and kitchen waste;
plastics or metals; rubber, including tires; oily rags; construction & demolition debris; used oil, gasoline and hazardous waste; brush
greater than 5 inches in diameter; and any wood that has been painted/stained, glued, or treated in any way.
Firefighter Instruction and Training Activities
•
Applies to any sponsoring fire service organization conducting open burning within the state for firefighter instruction and training.
•
A state certified fire instructor or specialty instructor shall directly control and supervise the firefighter instruction and training activities
that involve open burning.
•
The sponsoring fire service organization shall: (i) not burn any debris from the demolition of a structure; (ii) if burning a structure,
ensure that the owner of the structure disposes of ash resulting from firefighter instruction and training activities in accordance with the
solid waste rules.
•
At least 10 days before an open burn for firefighter instruction and training purposes, the sponsoring fire service organization shall
complete and submit to the department a Form ARD-1003, “Live Fire Instruction and Training Activities Notification”. The sponsoring
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•
fire service organization shall: (i) sign and date the form; and (ii) certify by the individual’s signature that the information on the form is
true and correct to the best of the individual’s knowledge and belief.
If conducting instruction and training activities in a structure, the following is needed: (i) a statement that an asbestos inspector has
performed an asbestos inspection and provided a report to the building owner certifying that all asbestos containing materials have been
removed; (ii) a statement that an asbestos notification form as specified in Env-A 1803 has been completed and submitted to the
department at least 10 days prior to the scheduled burn date; and (iii) a statement that all of the following materials have been removed
from the structure and properly disposed of: (a) mercury-containing thermostats; (b) fluorescent lamps; (c) fuel oil tanks; (d) paints,
solvents and other liquids containing hazardous ingredients; (e) pesticides, insecticides, fertilizers and other potentially hazardous solids;
(f) tires; (g) residential trash; and (h) furniture and appliances not specifically used in the training exercise; and (iv) a statement that the
instruction and training activities will be conducted in accordance with this part.
Chapter 128 HB 428 – Wood Component of Construction and Demolition Debris
•
This rule prohibits the combustion of the wood component of construction and demolition debris. The rule does not apply to the
incidental combustion of such materials by any municipal waste combustor (which was in operation on January 1, 2006), or by any
municipal incinerator that is permitted by the department and was in operation on January 1, 2006.
•
The section does not apply to the incidental combustion, under the supervision of a solid waste facility operator, of untreated wood at
any municipal transfer station subject to regulation under RSA 149-M.
RSA 125-N – Prohibition of Residential Burning of Domestic Waste
This rule prohibits the residential burning of combustible domestic waste. The ban includes materials such as household trash, packaging
materials, coated or laminated papers, rubber, painted or treated wood, coated or treated cardboard, oily rags and animal, vegetable, and
kitchen waste. The ban does not include the outdoor burning of leaves and small brush, campfire wood, and charcoal. These materials can be
burned in a burn pile, but not a barrel, with a fire permit from the local fire warden.
Title XIX-A Forestry – Chapter 227L – Woodland Fire Control
•
Every person, firm or corporation who kindles or causes to be kindled any fire or shall burn or cause to be burned any material in or near
the woodlands, or where fire could communicate to the woodlands except when the ground is covered with snow where you are burning
shall obtain a written fire permit from the forest fire warden in the town or city where the fire will be kindled.
•
Camp cooking fires may be kindled only with written permission of the landowner or agent and a written fire permit from the forest fire
warden, or his authorized agent in the town or city where the fire will be kindled. A camp or cooking fire is a suitable fire in a suitable
place for the purpose of cooking a meal. A gas grill or charcoal fire in a container up and off the ground kindled by landowner or with
landowners permission does not require a written fire permit.
A written fire permit shall be suspended if any of the following fire permit restrictions are violated:
•
If a fire is kindled or material is burned between the hours of 9:00 a.m. and 5:00 p.m. unless actually raining except for commercial
permits.
•
If a fire is kindled or material is burned at an unspecified date, time, place, or if material not specified on the written fire permit is
burned.
•
If a fire is kindled or material is burned when weather is unfavorable in the opinion of the issuing authority or proclamation closing the
woodlands is in force.
•
If a fire is kindled or material is burned when specified assistance or suppression equipment is not present to control the fire.
•
If permittee fails to keep the fire under control, or if the Director, Division of Forests and Lands, or his authorized agents or Warden feel
that the material being burned is causing a hazard endangering life and/or property.
•
If material being burned violates any state law, rule, or regulation or local ordinance and or New Hampshire Air Resources Division
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regulation regarding open burning.
All open fires shall be constantly attended until the fire is completely extinguished. A buried fire is not considered extinguished. Fires kindled
and material burned shall be not less than 50 feet from any structure and provisions shall be made to prevent a fire from spreading to within 50
feet of any structure. Fires in approved containers shall be not less than 25 feet from any structure.
•
•
1.
2.
3.
4.
New Jersey
New Jersey
Administrative Code
– Title 7, Chapter
27, Subchapter 2 –
Control and
Prohibition of Open
Burning
New Jersey Forest
Fire Law Title 13:9
Anyone who wishes to burn clean, ordinary combustibles such as leaves, brush or untreated lumber, or have a camp or cooking fire must
have written permission from the landowner and a fire permit from the local forest fire warden or local fire department in the town or
city where the fire will be kindled. Gas grills or charcoal fires in a container up and off the ground on your own property do not require a
fire permit
Public or privately owned camp or picnic grounds must obtain an annual written fire permit from the town forest fire warden for use of
outside fireplaces, camp or cooking fires used in the operation of the camp or picnic grounds. Such camp or cooking fires should:
be in an area cleaned to mineral soil at least 8 feet across;
have at least 6 inches of sand or gravel under the fire for any fire built on the ground;
have no limbs or other burnable material to a height of 10 feet above the fireplace area; and
be constructed so they cannot be moved from their mineral soil area.
Only leaves, woody debris or brush less than 5 inches in diameter, or untreated wood and dimension lumber can be burned.
New Jersey Administrative Code – Title 7, Chapter 27, Subchapter 2 – Control and Prohibition of Open Burning
•
The following types of open burning are prohibited: (i) salvage operations; (ii) disposal of rubbish, garbage, trade waste, buildings or
structures; (iii) disposal of fallen leaves; and (iv) disposal of any type of plant. The provisions of this section do not apply to open
burning of refuse for training or research exercises in fire protection or prevention when conducted at a permanent facility or training
center designed to be used solely for such purposes on a continuing basis.
•
Permits are required for the open burning of the following activities/materials – prescribed burning, dangerous materials, infested plant
life, herbaceous plant life and hedgerows, orchard prunings and cullings, and agricultural land clearing. Open burning permits are issued
only to bonafide agricultural or related operations and not individual homeowners. Permits cannot be issued when another effective
method of disposal is available. Permits cannot be issued in any municipality which prohibits open burning.
•
An example of some relevant information for an open burning permit for infested plant life is as follows. A permit is issued for open
burning of infested plant life upon determination that no other effective method of controlling the infestation can be used without
causing damage, economic or otherwise, to environmental or natural resources. Such a permit may be valid for a single event or for a
period not to exceed 30 days, may be conditioned upon meteorological factors and any other requirements which the Department deems
to be necessary, and is revocable at the discretion of the Department. Among the information required in the application for the permit is
the following: (i) the proposed operating practice including the type and quantity of infested plant life to be burned; (ii) whether the open
burning is to be carried on in a single instance or the frequency if intermittent; (iii) the exact location at which the infested plant life will
be burned; and (iv) reasons why the infestation cannot be controlled by any method other than by open burning without causing damage,
economic or otherwise, to environmental or natural resources.
•
In terms of land clearance, some unique conditions specified in the permit application includes the following: (i) the premises to be
cleared by open burning will be used exclusively for commercial agricultural purposes for a period of at least five years after such open
burning; (ii) the permit will be issued in accordance with a plan approved by and under the control and supervision of the Bureau of
Forest Fire Management; (iii) the permit will be conditioned upon confirmation with the Bureau of Forest Fire Management of
favourable meteorological and air quality conditions on the day the open burning will be conducted; (iv) the permit will be limited to a
land area not to exceed 25 acres; (v) no more than one permit pursuant to the provisions of this section will be issued in any one calendar
year for a given premise; (vi) no person shall cause, suffer, allow, or permit the use of land cleared by open burning pursuant to the
provisions of this section for any purpose other than commercial agriculture for a period of five years after such open burning; and (vii)
no person shall cause, suffer, allow or permit open burning pursuant to the provisions of this section in an area which is designated nonattainment for total suspended particulates, or in a Class I area, or within six kilometres of such areas.
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New Jersey Forest Fire Law Title 13:9
•
It is prohibited to set fire to any forest, brush, grassland or tidal marsh with obtaining written permission.
•
It is prohibited to set any fire by which property may be endangered without maintaining a careful and competent watch.
New Mexico
Allan Morris
New Mexico
Air Quality
Bureau
1301 Siler Rd.,
Building B
Santa Fe, NM
87507
Phone: (505)
476-4300
E-mail:
allan.morris@st
ate.nm.us
Title 20
Environmental
Protection, Chapter
2 Air Quality
(Statewide), Part 60
Open Burning
Title 20
Environmental
Protection, Chapter
2 Air Quality
(Statewide), Part 65
Smoke Management
General Safety Precautions Listed on New Jersey Government Website
•
Never burn when the wind is high. Live sparks can travel several hundred feet downwind.
•
Never burn during a drought or high fire danger, or when the woods and vegetation are extremely dry.
•
Have a 5-foot fire break of mineral soil completely around the fire.
•
Build the fire no larger than necessary.
•
Never leave a fire unattended no matter how safe it appears.
•
Have water and a shovel or rake handy.
•
Always make sure your fire is completely out before leaving.
Title 20 Environmental Protection, Chapter 2 Air Quality (Statewide), Part 60 Open Burning
Unrestricted Open Burning
•
Open burning is allowed for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites. This subsection does not
apply to open burning for the purpose of waste disposal.
•
Open burning of natural gas is allowed at a gasoline plant and compressor stations and when used or produced in drilling, completion
and workover operations on oil and gas wells, when necessary to avoid serious hazard to safety.
Open Burning of Household Waste
Open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited
Open Burning Of Vegetative Material
This section (20.2.60.111 NMAC) applies to open burning of vegetative material for purposes of disposal of such material, provided that
burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including
material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume per day. In determining daily burn area
and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the
burning occurs on the same day and on property under ownership or possessory control of the same person. Burning in excess of these daily
limits is subject to 20.2.65 NMAC (Smoke Management).
Open burning of vegetative material is prohibited in nonattainment areas.
Open burning of vegetative material under this section shall meet the following requirements:
•
burning shall be conducted at least three hundred feet from any occupied dwelling, workplace, or place where people congregate, which
is on property owned by, or under possessory control of, another person; burning that does not meet this requirement is subject to
20.2.65 NMAC (Smoke Management);
•
burning shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset; burning outside
of this time limitation is subject to 20.2.65 NMAC (Smoke Management);
•
burning shall be attended at all times;
•
the appropriate local fire department or dispatch or firefighting authority shall be notified prior to burning;
•
for burns exceeding one acre per day or one hundred cubic feet of pile volume per day, the burner shall provide prior notice of the date
and location of the burn to all households within one quarter of a mile of the burn;
•
burning shall be in compliance with 20.9.1 NMAC (Solid Waste Management);
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•
•
•
•
•
burning shall not be conducted when an air pollution episode is in effect;
auxiliary fuel or incendiary devices may be used to ignite the burning allowed by this section, provided that:
o
no oil heavier than number two diesel shall be used; and
o
no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used;
polyethylene sheeting may be burned with the vegetative materials, provided that:
o
the sheeting has been covering piled vegetative material for at least one month prior to burning;
o
the amount of sheeting burned is no more than the minimum necessary to cover the pile;
o
removal of the sheeting before burning is impractical; and
o
the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not
some other form of plastic;
the burner shall consider alternatives to burning prior to igniting a burn; and
material to be burned shall be as dry as practicable.
Open Burning Of Hazardous Waste
Open burning of hazardous waste, as defined in the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14, is allowed only
when conducted in compliance with interim status regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act and any
other permits issued by the department.
Emergency Burning
Open burning is allowed for purposes of eliminating an imminent danger to public health, safety, or the environment, provided that:
•
no other practical and lawful method of abatement or disposal is available;
•
an emergency response specialist has determined that the situation requires immediate and expeditious action;
•
the burning is in compliance with all other applicable state laws and regulations; and
•
notice is provided to the department as soon as practical, but at least within two weeks after the burn.
Title 20 Environmental Protection, Chapter 2 Air Quality (Statewide), Part 65 Smoke Management
This regulation applies to all users of prescribed fire that:
•
exceeds ten acres in area or 1,000 cubic feet of pile volume per day of vegetative material; or
•
exceeds the daily burn area or pile volume thresholds specified in Subsection A of 20.2.60.111 NMAC (open burning).
o
This part also applies to burn projects otherwise subject to 20.2.60 NMAC (open burning) that users of prescribed fire
voluntary choose to register with the department under Subsection C of 20.2.65.102 NMAC or Subsection G of 20.2.65.103
NMAC.
o
In addition, portions of this part also apply to the land manager or owner of property on which a wildfire occurs.
Only vegetative material shall be burned, with the following exceptions:
•
Auxiliary fuel or incendiary devices may be used to ignite the burning authorized by this section, provided that:
o
no oil heavier than no. 2 diesel shall be used; and
o
no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used.
•
Polyethylene sheeting may be burned with the vegetative materials, provided that:
o
the sheeting has been covering piled vegetative material for at least one month prior to burning;
o
the amount of sheeting burned is no more than the minimum necessary to cover the pile;
o
removal of the sheeting before burning is impractical; and
o
the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not
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some other form of plastic.
For any burn project of less than one ton of PM-10 emissions per day or less than 5,000 cubic feet pile volume per day, all of the following
requirements shall apply.
•
The burner shall burn only under appropriate dispersion conditions. In order to accomplish this objective, the burner shall follow one of
the two options below.
o
The burner shall:

ignite burns only during the hours from one hour after sunrise until one hour before sunset; the burner may apply
for a waiver of this requirement on a case-by-case basis

conduct burn projects at least 300 feet from any occupied dwelling, workplace, or place where people congregate,
which is on property owned by, or under possessory control of, another person; the burner may apply for a waiver
of this requirement on a case-by-case basis
o
The burner shall:

only burn during times when the ventilation category is good or better; the burner may apply for a waiver of this
requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn
project; the burner shall document the reasons for waiver application on the appropriate form provided by the
department; the department shall notify the burner no later than 3:00 p.m. one business day prior to the planned
burn project of whether the waiver is granted or denied; the department shall consider such waiver requests on a
case-by-case basis; and

conduct visual monitoring and shall document the results; the burner shall maintain records of those results for a
period of one year; for any burn project planned to be conducted within a one mile radius of a population, the
department may require that the burner notify the department no later than two business days prior to the planned
burn project so that the department may determine whether to conduct instrument monitoring in addition to visual
monitoring conducted by the burner; the need for instrument monitoring shall be determined by the department on
a case-by-case basis.
•
The burner shall notify the local fire authority prior to igniting a burn.
•
The burner shall register the burn project with the department on a registration form provided by the department no later than 10:00 a.m.
one business day prior to the planned ignition of the burn project. The department shall provide the burner with a registration number for
the burn project. Prior to igniting the burn project, if the burner has not received the registration number, the burner shall make a good
faith effort to contact the department to obtain the registration number. For burn projects longer than seven days, the burner shall notify
the department separately for each seven days of burning to be conducted under that burn project registration. The burner shall not burn
more area or volume than the burner has included in the notification or registration.
•
The burner shall submit a completed burn project tracking form to the department on a tracking form provided by the department no
later than two weeks following completion of the burn project.
•
For burn projects conducted within a one-mile radius of a population, the following requirements shall apply in addition to all other
requirements in this section (20.2.65.102 NMAC):
o
the burner shall conduct visual monitoring and document the results;
o
the burner shall conduct public notification of populations within a one-mile radius of the burn project no later than two days
prior to, and no earlier than thirty days in advance of, igniting a burn project;
o
The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least
one year.
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Wildland Fire Use
For wildland fire use exceeding ten acres in area, the following requirements shall apply.
•
The burner shall register a burn project with the department on forms provided by the department no later than one business day
following the decision to manage a wildland fire use burn. The burner shall notify the department daily by 10:00 a.m. of the status of the
burn.
•
The burner shall notify the appropriate authorities of the decision to manage a wildland fire use burn. For burns within a fifteen mile
radius of a population, the burner shall conduct public notification no later than one calendar day of the decision to manage the burn as a
wildland fire use.
•
The burner shall conduct visual monitoring and shall document the results.
•
The burner shall complete and submit to the department a fire activity tracking form no later than two weeks following the end of the
burn project.
•
The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year.
The land manager or owner of property on which a wildfire exceeding 100 acres in area occurs shall complete and submit to the department a
fire activity tracking form no later than six weeks or by November 1 of that year, whichever is earlier, following the cessation of firefighting
activities on the wildfire.
Alternatives to Burning
An alternative to burning is any method of removing or reducing fuels by mechanical, biological, or chemical treatments that replaces the use
of fire for at least three years. Non-burning alternatives should, if they are to be satisfactory treatments, mimic at least some of the effects for
which prescribed burning is typically used. Examples are the plowing and tilling of vegetation left after harvesting in an agricultural field, or
application of approved herbicides in conjunction with mechanical removal of vegetation.
New York
New York State
Department of
Environmental
Conservation
Chapter III, Air
Resources – Part
215, Open Fires
Emission Reduction Technique
Emission reduction techniques are any burning techniques that reduce the actual amount of emissions produced from fire. Generally emission
reduction techniques are methods that minimize the area burned, reduce fuel loading, reduce the amount of fuel consumed, or otherwise
minimize emissions. Emission reduction techniques are used with fire, and are not considered alternatives to fire if used within three years of
a prescribed burn on the same land or burn project. These techniques can include:
•
Cutting, gathering and transport of downed and standing materials to another location for processing into reusable products or immediate
recycling.
•
Composting of vegetation and later reuse to enrich soil.
•
Elimination of standing vegetation by livestock grazing or introduction of crops that do not require burning.
Chapter III, Air Resources – Part 215, Open Fires
Except as expressly allowed under this regulation, open burning is not allowed in New York State. Types of open burning that are exempt
from this regulation (and are therefore allowed) include:
1. On-site burning in any town with a total population less than 20,000 of downed limbs and branches (including branches with attached
leaves or needles) less than 15 centimetres (six inches) in diameter and 2.4 metres (8 feet) in length between May 15th and the following
March 15th. For the purposes of this subdivision, the total population of a town shall include the population of any village or portion
thereof located within the town. However, this subdivision shall not be construed to allow burning within any village.
2. Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used for cooking or processing food.
3. Small fires used for cooking and camp fires provided that only charcoal or untreated wood is used as fuel and the fire is not left
unattended until extinguished.
4. On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres
actively devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is
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capable of being fully burned within a 24-hour period.
The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only untreated wood or other agricultural
products are used as fuel and the fire is not left unattended until extinguished.
7. Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise
prohibited by law that are used in connection with a religious ceremony.
8. Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.
9. Prescribed burns performed in accordance with other New York State regulatory tools.
10. Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of
the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the
structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt
shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more
than one structure per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.
11. Individual open fires as approved by the Director of the Division of Air Resources as may be required in response to an outbreak of a
plant or animal disease upon request by the commissioner of the Department of Agriculture and Markets, or for the destruction of
invasive plant and insect species.
12. Individual open fires that are otherwise authorized under the environmental conservation law, or by rule or regulation of the Department.
N.C. General Statute Chapter 106, Article 78: Regulation of Open Fires
•
Open Burning Prohibited. A person shall not cause, allow, or permit open burning of combustible material except as allowed by Rule
.1903 and Rule .1904 of the regulation.
•
All open burning is prohibited except open burning allowed under Paragraph (b) of this Rule or Rule .1904 of this Section. Except as
allowed under Paragraphs (b)(3) through (b)(9) of this Rule, open burning shall not be initiated in an air quality forecast area that the
Department, or the Forsyth County Environmental Affairs Department for the Triad air quality forecast area, has forecasted to be in an
Air Quality Action Day Code "Orange" or above during the time period covered by that forecast.
The following types of open burning are permissible without an air quality permit:
•
Open burning of leaves, tree branches or yard trimmings, excluding logs and stumps, if the following conditions are met:
o
The material burned originates on the premises of private residences and is burned on those premises;
o
There are no public pickup services available;
o
Non-vegetative materials, such as household garbage, lumber, or any other synthetic materials are not burned;
o
The burning is initiated no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00
p.m. on one day and 8:00 a.m. on the following day;
o
The burning does not create a nuisance; and
o
Material is not burned when the North Carolina Forest Service has banned burning for that area.
•
Open burning for land clearing or right-of-way maintenance if the following conditions are met:
o
The wind direction at the time that the burning is initiated and the wind direction as forecasted by the National Weather
Service at the time that the burning is initiated are away from any area, including public roads within 250 feet of the burning
as measured from the edge of the pavement or other roadway surface, which may be affected by smoke, ash, or other air
pollutants from the burning;
o
The location of the burning is 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. The regional office
supervisor may grant exceptions to the setback requirements if:

a signed, written statement waiving objections to the open burning associated with the land clearing operation is
obtained and submitted to, and the exception granted by, the regional office supervisor before the burning begins
5.
6.
North Carolina
Tom Mather
N.C. Division
of Air Quality,
Raleigh, NC„
Phone: (919)
715-7408
N.C. General Statute
Chapter 106, Article
78: Regulation of
Open Fires
Division of Air
Quality (DAQ)
Brochure
N.C. General Statute
Chapter 106, Article
78: Regulation of
Open Fires
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o
o
o
o
o
o
o
o
o
o
o
o
o
from a resident or an owner of each dwelling, commercial or institutional establishment, or other occupied
structure within 500 feet of the open burning site. In the case of a lease or rental agreement, the lessee or renter
shall be the person from whom permission shall be gained prior to any burning; or

an air curtain burner that complies with Rule .1904 of this Section, is utilized at the open burning site. Factors that
the regional supervisor shall consider in deciding to grant the exception include: all the persons who need to sign
the statement waiving the objection have signed it; the location of the burn; and the type, amount, and nature of
the combustible substances. The regional supervisor shall not grant a waiver if a college, school, licensed day
care, hospital, licensed rest home, or other similar institution is less than 500 feet from the proposed burn site
when such institution is occupied.
Only land-cleared plant growth is burned. Heavy oils, asphaltic materials such as shingles and other roofing materials, items
containing natural or synthetic rubber, or any materials other than plant growth shall not be burned; however, kerosene,
distillate oil, or diesel fuel may be used to start the fire;
Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no combustible material is added to the fire
between 6:00 p.m. on one day and 8:00 a.m. on the following day;
No fires are initiated or vegetation added to existing fires when the North Carolina Forest Service has banned burning for that
area; and
Materials are not carried off-site or transported over public roads for open burning unless the materials are carried off-site or
transported over public roads to facilities permitted according to Rule .1904 of this Section for the operation of an air curtain
burner at a permanent site;
Camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for
human warmth and comfort and which do not create a nuisance and do not use synthetic materials or refuse or salvageable
materials for fuel;
Fires purposely set to public or private forest land for forest management practices for which burning is acceptable to the
North Carolina Forest Service and which follow the smoke management plan as outlined in the North Carolina Forest
Service's smoke management program;
Fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or apicultural practices
for which burning is currently acceptable to the Department of Agriculture;
Fires purposely set for wildlife management practices for which burning is currently acceptable to the Wildlife Resource
Commission;
Fires for the disposal of dangerous materials when it is the safest and most practical method of disposal;
Fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing laboratories, or other persons, for
the purpose of testing or developing these materials or equipment in accordance with a standard qualification program;
Fires purposely set for the instruction and training of fire-fighting personnel at permanent firefighting training facilities;
Fires purposely set for the instruction and training of fire-fighting personnel when conducted under the supervision of or with
the cooperation of one or more of the following agencies:

the North Carolina Forest Service;

the North Carolina Insurance Department;

North Carolina technical institutes; or

North Carolina community colleges, including: the North Carolina Fire College; or the North Carolina Rescue
College;
Fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction and training of firefighting personnel, provided that:

The regional office supervisor of the appropriate regional office and the HHCB have been notified according to
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the procedures and deadlines contained in the appropriate regional notification form, and
The regional office supervisor has granted permission for the burning. Factors that the regional office supervisor
shall consider in granting permission for the burning include type, amount, and nature of combustible substances.
The regional office supervisor shall not grant permission for the burning of salvageable items, such as insulated
wire and electric motors or if the primary purpose of the fire is to dispose of synthetic materials or refuse. The
regional office supervisor of the appropriate regional office shall not consider previously demolished structures as
having training value. However, the regional office supervisor of the appropriate regional office may allow an
exercise involving the burning of motor vehicles burned over a period of time by a training unit or by several
related training units. Any deviations from the dates and times of exercises, including additions, postponements,
and deletions, submitted in the schedule in the approved plan shall be communicated verbally to the regional
office supervisor of the appropriate regional office at least one hour before the burn is scheduled; and
Fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane, or flood, if the regional
office supervisor grants permission for the burning. The person desiring to do the burning shall document and provide written
notification to the regional office supervisor of the appropriate regional office that there is no other practical method of
disposal of the waste. Factors that the regional office supervisor shall consider in granting permission for the burning include
type, amount, location of the burning, and nature of combustible substances. The regional office supervisor shall not grant
permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or refuse or recovery of
salvageable materials. Fires authorized under this Subparagraph shall comply with the conditions of Subparagraph (b)(2) of
this Rule.

o
Division of Air Quality (DAQ) Brochure
The basic message of the state open burning rule is simple: Only leaves, branches and other plant growth can be burned – nothing else. That
means no trash, lumber, tires or old newspapers. If local pickup is available, leaves and branches cannot be burned. The following types of
waste cannot be burned:
•
Garbage, paper and cardboard
•
Tires and other rubber products
•
Building materials, including lumber and wood scraps
•
Wire, plastics and synthetic materials
•
Asphalt shingles and heavy oils
•
Paints, household and agricultural chemicals
•
Buildings, mobile homes and other structures

Anything when the air quality forecast is Code Orange, Red or Purple
Homeowners can burn yard trimmings if it’s allowed under local ordinances, no public pickup is available and it doesn’t cause a public
nuisance. Yard waste must not include logs more than 6 inches in diameter and stumps. Other allowable burning includes campfires, outdoor
barbecues and bonfires for festive occasions. Landowners or contractors also can burn vegetation to clear land or rights-of-way, provided that:
•
Burning is done on the site of origin.
•
Prevailing winds are away from built-up areas and roads. If winds are blowing towards public roads, fires must be at least 250 feet away.
•
Fires are at least 500 feet away from occupied buildings.
•
Burning is done between 8 a.m. and 6 p.m., and nothing is added outside of these hours.
Other occasions where open burning is allowed – with DAQ approval – include fires for: training firefighting personnel; managing forest
lands or wildlife habitats; controlling agricultural diseases and pests; and disposing of materials generated by hurricanes, tornadoes and other
natural disasters. A permit may be required from the N.C. Forest Service or local governments before a burn, even for allowable purposes.
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However, such permits do not excuse a person from following the DAQ’s open burning rules. There are alternatives to burning such as the
following: brush can be composted, ground up for mulch, piled up for wildlife, or just left to rot. Newspapers can be recycled. Old attic junk
can be given away for someone else to reuse.
N.C. General Statute Chapter 106, Article 78: Regulation of Open Fires
The provisions of this section apply only to the counties of Beaufort, Bladen, Brunswick, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Duplin, Gates, Hyde, Jones, Onslow, Pamlico, Pasquotank, Perquimans, Tyrrell, and Washington which are classified as high hazard
counties. It is unlawful for any person to willfully start or cause to be started any fire in any woodland under the protection of the Department
or within 500 feet of any such woodland without first having obtained a permit from the Department. Permits for starting fires may be
obtained from forest rangers or other agents authorized by the county forest ranger to issue such permits in the county in which the fire is to be
started. Such permits shall be issued by the ranger or other agent unless permits for the area in question have been prohibited or cancelled in
accordance with G.S. 106-944 or G.S. 106-946.
It is unlawful for any person to willfully burn any debris, stumps, brush or other flammable materials resulting from ground clearing activities
and involving more than five contiguous acres, regardless of the proximity of the burning to woodland and on which such materials are placed
in piles or windrows without first having obtained a special permit from the Department. Areas less than five acres in size will require a
regular permit.
•
Prevailing winds at the time of ignition must be away from any city, town, development, major highway, or other populated area, the
ambient air of which may be significantly affected by smoke, fly ash, or other air contaminates from the burning.
•
The location of the burning must be at least 1,000 feet from any dwelling or structure located in a predominately residential area other
than a dwelling or structure located on the property on which the burning is conducted unless permission is granted by the occupants.
•
The amount of dirt or organic soil on or in the material to be burned must be minimized and the material arranged in a way suitable to
facilitate rapid burning.
•
Burning may not be initiated when it is determined by a forest ranger, based on information supplied by a competent authority that
stagnant air conditions or inversions exist or that such conditions may occur during the duration of the burn.
•
Heavy oils, asphaltic material, or items containing natural or synthetic rubber may not be used to ignite the material to be burned or to
promote the burning of such material.
•
Initial burning may be commenced only between the hours of 9:00 A.M. and 3:00 P.M. and no combustible material may be added to the
fire between 3:00 P.M. on one day and 9:00 A.M. on the following day, except that when favorable meteorological conditions exist, any
forest ranger authorized to issue the permit may authorize in writing a deviation from the restrictions.
•
North Dakota
Chapter 33-15-04,
Open Burning
Restrictions
The provisions of this section apply only to the counties not designated as high hazard counties. It shall be unlawful for any person to
start or cause to be started any fire or ignite any material in any woodland under the protection of the Department or within 500 feet of
any such woodland during the hours starting at midnight and ending at 4:00 P.M. without first obtaining a permit from the Department.
Permits may be obtained from forest rangers or other agents authorized by the forest ranger to issue such permits in the county in which
the fire is to be started. Such permits shall be issued by the ranger or other agent unless permits for the area in question have been
prohibited or cancelled
•
During periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of
the General Statutes, the Commissioner is authorized to prohibit all open burning regardless of whether a permit is required under G.S.
106-942 or G.S. 106-943. The Commissioner shall issue a press release containing relevant details of the prohibition to news media
serving the area affected.
Chapter 33-15-04, Open Burning Restrictions
North Dakota’s open burning restrictions include a subsection (33-15-04-01) on refuse burning restrictions. This subsection states that the
open burning of refuse, trade waste, or other combustible material may be conducted (though there are certain exceptions, discussed below).
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Additionally, salvage operations may not be conducted by open burning.
Burning is prohibited if the fire index is in the extreme category as issued by the National Weather Service or if a burning ban is declared by
state or local officials. The following conditions apply to all open burning that is permissible under this legislation:
•
no public nuisance can be created;
•
the burning must not be conducted upwind of, or in proximity to, an occupied building such that the building may be adversely affected
by the air contaminants being emitted;
•
care must be used to minimize the amount of dirt on the material being burned, and the material must be dry enough to burn cleanly;
•
oils, rubber, and other materials that produce unreasonable amounts of air contaminants may not be burned;
•
the burning must be conducted only when meteorological conditions favour smoke dispersion and air mixing;
•
the burning must not be conducted adjacent to any highway or public road so as to create a traffic hazard;
•
the burning must not be conducted adjacent to any operational military, commercial, county, municipal, or private airport or landing
strip in such a manner as to create a hazard; and
•
burning activities must be attended and supervised at all times the burning is in progress.
Ohio
Ohio
Environmental
Protection
Agency
3745-19-03 Open
Burning in
Restricted Areas
3745-19-04 Open
Burning in
Unrestricted Areas
The following types of open burning are allowed subject to the conditions described above:
•
fires set for firefighting instruction;
•
fires set for the elimination of a fire hazard that cannot be abated by any other means;
•
fires set for the removal of dangerous or hazardous material where there is no other practical means of disposal and where the burning is
approved by the department;
•
campfires and other fires used solely for recreational purposes, ceremonial purposes, or for outdoor food preparation;
•
fires purposely set to forest or rangelands for the management of said forest, rangeland or game in accordance with practices
recommended by state or federal agencies (information regarding the number of acres burned, the fuel loading and the estimated
emissions must be provided to the department);
•
the burning of trees, brush, grass, wood, and other vegetable matter in the clearing of land, right-of way maintenance operations, and
agricultural crop burning;
•
burning refuse and other combustible materials is not permitted, unless the following conditions are met:
o
no collection and disposal service is required or directed by a municipality or other government entity;
o
the material to be burned is from a building accommodating no more than one family; and
o
the burning is conducted on the property on which the waste is generated.
•
The burning of liquid hydrocarbons that are spilled or last as a result of pipeline breaks or other accidents involving the transportation of
such materials or which are generated as wastes as a result of oil exploration, development, production, refining or processing operations
may be burned only if the following conditions are met:
o
the material cannot be practicably recovered or otherwise lawfully disposed of; and
o
the burning must be approved in advance by the department.
3745-19-03 Open Burning in Restricted Areas
Open burning is generally prohibited in Ohio, except under certain circumstances. The following types of open burning are allowed in Ohio,
and do not require prior notification or permission from the Ohio Environmental Protection Agency:
•
heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outside workers or strikers, smudge pots and similar
occupational needs;
•
bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial,
warmth, recreational, or similar purposes, if the following conditions are met:
o
they are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are
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•
•
•
equivalent to or lower than those created from the burning of seasoned firewood;
o
they are not used for disposal purposes; and
o
they have a total fuel area of 1 metre (3 feet) or less in diameter and 0.6 metres (2 feet) or less in height.
disposal of hazardous explosive materials, military munitions or explosive devices that require immediate action to prevent
endangerment of human health, public safety, property or the environment and that are excluded from the requirement to obtain a
hazardous waste permit;
recognized training in the use of fire extinguishers for commercial or industrial fire prevention; and
fires set at the direction of federal, state, and local law enforcement for the purpose of the destruction of drugs.
The following types of open burning are allowed in Ohio, however, prior notification to the Ohio EPA is required:
•
prevention of disease or pest control, with written or oral verification from Ohio EPA, the Ohio Department of Health or local health
department, the Centers for Disease Control and Prevention, cooperative extension service, Ohio Department of Agriculture, or the
United States Department of Agriculture, that open burning is the only appropriate method;
•
bonfires or campfires used for ceremonial purposes that are over the size limitations imposed on fires that do not require the notification
of the Ohio EPA, provided the following conditions are met:
o
the total fuel area is no greater than 1.5 metres in diameter by 1.5 metres in height (5 feet by 5 feet) and burns for no longer
than 3 hours;
o
the burn is not used for waste disposal; and
o
the burn is conducted using clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that
are equivalent to or lower than those created from the burning of seasoned firewood
•
disposal of agricultural waste generated on the premises if the following conditions are observed:
o
The fire is set only when atmospheric conditions will readily dissipate the contaminants;
o
The fire does not create a visibility hazard on roadways, railroad tracks or airfields;
o
The fire is located at a point of the premises no less than 304 metres (1,000 feet) from any inhabited building on said
premises;
o
The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
o
No materials that contain rubber, grease, asphalt, liquid petroleum products, plastics or building materials may be burned.
Open burning is allowed for the following purposes, but only upon the receipt of written permission from the Ohio EPA, provided that any
conditions specified in the written permission are followed:
•
disposal of dangerous explosive or ignitable materials;
•
firefighting instruction;
•
in an emergency if deemed necessary by the director;
•
recognized horticultural, silvicultural, range, or wildlife management practices; and
•
fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production
activities for motion pictures and/or television.
317-19-04 Open Burning in Unrestricted Areas
The requirements for open burning in unrestricted areas are nearly identical to the requirements for burning in restricted areas with a few key
differences.
•
when burning agricultural waste there is no need to notify the Ohio EPA in advance unless the fire is greater than 6 metres wide (20 feet)
by 3 metres high (10 feet);
•
land clearing waste such as tree trimmings, stumps, brush, weeds, leaves, grass, shrubbery and crop residues may be burned with written
permission from the Ohio EPA;
•
residential waste such as tree trimmings, stumps, brush, weeds, leaves, grass, shrubbery and crop residues, as well as wood or paper
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Oklahoma
Oklahoma
Department of
Environmental
Quality
Cheryl
Bradley/Scott
Thomas
Air Quality –
General
405-702-4218
405-702-4157
Title 252.
Department of
Environmental
Quality, Chapter
100: Air Pollution
Control
products that are generated by one, two or three family residences may be burned under the following conditions:
o
the fire must be more than 304 metres (1,000 feet) from an inhabited building on a neighbour’s property; and
o
permission must be granted by the Ohio EPA if the pile being burned is greater than 3 metres (10 feet), by 3 metres (10 feet),
by 3 metres (10 feet).
•
ceremonial fires that are larger than 1 metre (3 feet) in diameter and 0.6 metres (2 feet) in height but under 1.5 metres in diameter by 1.5
metres in height (5 feet by 5 feet) may be conducted without notifying the Ohio EPA.
Title 252. Department of Environmental Quality, Chapter 100: Air Pollution Control
The open burning of refuse and combustible materials is prohibited unless conducted in strict accordance with the conditions and
requirements contained in 252:100-13-7, 252:100-13-8 and 252:100-13-9. Except as allowed in 252:100-13-8 (1), no person shall accept any
material owned by other persons nor transport combustible material from where it is generated to another location in order to perform open
burning. Under no circumstances shall the open burning of tires be allowed.
Allowed open burning - When not prohibited by law or ordinance, the following types of burning are allowed provided the conditions and
requirements in the regulation have been met:
• Fire training. Open burning of human-made structures for the purpose of municipal fire department training is allowed as provided for in
the Oklahoma Clean Air Act, 27A O.S., Section 2-5-106.1. Industrial and commercial facilities and fire training schools may conduct onsite live burn fire training.
• Elimination of hazards. Provided prior authorization is obtained from the local fire chief, open burning is allowed for the elimination of:
o A fire hazard that cannot be abated by any other means.
o A dangerous or hazardous material when there is no other practical or lawful method of abatement or disposal if authorization is
also received from the DEQ prior to such burning.
• Recreational and ceremonial fires. Open burning is allowed for camp fires and other fires used solely for recreational purposes,
ceremonial occasions, or non-commercial preparation of food.
• Land management and land clearing operations. Open burning is allowed for the following land management and land clearing operations.
o Fires purposely set to forest, crop or range lands for a specific reason in the management of forests, crops or game, in accordance
with practices recommended by the Oklahoma Department of Wildlife Conservation, the Oklahoma Department of Agriculture,
Food and Forestry, and the United States Forest Service.
o Fires purposely set for land clearing operations if conducted at least 500 feet upwind of any occupied residence other than those
located on the property on which the burning is conducted. Such burning shall be conducted using an air curtain incinerator in
counties or areas that are or have been designated nonattainment, or in the two MSAs with a population of greater than nine
hundred thousand.
• Burning of domestic refuse. Where no collection and disposal service is reasonably available, domestic refuse may be burned on the
property where the waste is generated.
• Hydrocarbon burning. Open burning of hydrocarbons is allowed for:
o The disposal of spilled hydrocarbons or the waste products of oil exploration, development, refining or processing operations
which cannot be feasibly recovered or otherwise disposed of in a legal manner. Notice must be given to the DEQ prior to such
burning.
o The disposal of waste hydrocarbons through a flare. The owner or operator shall be required to use a smokeless flare if a
condition of air pollution is determined to exist by the DEQ.
• Yard brush. Yard brush may be burned on the property where the waste is generated.
Air Curtain Incinerator Conditions - Except for hazardous material, any combustible material or refuse that is allowed to be burned under this
Chapter may be burned in an air curtain incinerator that is properly designed and operated for the control of smoke and particulate matter. The
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owner or operator of an air curtain incinerator shall not accept any material owned by other persons and shall not transport any material to the
property where the air curtain incinerator is located in order to burn the material, except as provided in OAC 252:100-13-8 (1).
General conditions and requirements for allowed open burning - The open burning of refuse and other combustible material may be conducted
only if the following conditions and requirements are met:
• No public nuisance is or will be created.
• The burning is controlled so that a visibility hazard is not created on any roadway, rail track or air field as a result of the air contaminants
being emitted.
• The burning is conducted so that the contaminants do not adversely affect the ambient air quality of a city or town.
• The initial burning shall begin only between three hours after sunrise and three hours before sunset and additional fuel shall not be
intentionally added to the fire at times outside these limits. This requirement does not apply to the open burning allowed under OAC
252:100-13-7(2), (3), (4)(A), (6)(B) and 252:100-13-8.
• An Ozone or PM Watch has not been declared for the day of the burn for the MSA or county in which the burn is to be performed. This
requirement does not apply to the open burning allowed under 252:100-13-7(2), (3), and (6)(B).
Disaster relief - Notwithstanding the prohibition in OAC 252:100-13-5, the Executive Director of the DEQ may allow the open burning of
debris resulting from a disaster if the Executive Director determines such burning is necessary to protect public health and safety. Such
approval, if granted, shall be accompanied by appropriate guidelines for burning the debris.
Oregon
Division 264, Rules
for Open Burning
Open Burning Guidelines - The following guidelines should be followed in order to minimize the threat of harm to public health and the
environment:
• The site of the open burning should be located as far as possible from area residences. A minimum of one-half mile is strongly
recommended.
• The site should be inspected to ensure that there are no petroleum pipelines on or near the burn site to avoid explosion hazards.
• Items such as asbestos, oils, PVC pipe, fertilizer, carpet, upholstered furniture, treated lumber, rubber, tires, etc., cannot be burned.
• The amount of dirt and other non-combustible materials mingled with the debris to be burned should be minimized to achieve the most
efficient burn.
• Someone with firefighting equipment should be at the site at all times.
Division 264, Rules for Open Burning
Open burning is generally prohibited in Oregon, however the following is a list of exceptions to this prohibition:
•
recreational and ceremonial fires;
•
barbecue equipment used in connection with any residence;
•
fires set or permitted by any public agency for official purposes including weed abatement, prevention or elimination of a fire hazard or
hazard to public health/safety, firefighting instruction, etc.;
•
fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of firefighting, or for
civil defense instruction;
•
fires set for the purpose of disposal of dry tumbleweed plants (typically Russian Thistle and Tumbleweed Mustard plants) that have been
broken off, and rolled about, by the wind;
•
agricultural burning for disease or pest control when the fire is set or authorized in writing by the Department of Agriculture; and
•
when caused by an authorized representative of the Department of Agriculture, open burning of carcasses of animals that have died or
been destroyed because of an animal disease emergency.
Agricultural burns, open field burning and slash burning on forest land can also be permitted under certain, with some restrictions.
Any open burning permitted in Oregon must abide by the following general requirements:
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•
Pennsylvania
Bureau of Air
Pennsylvania Code,
a responsible person must attend the burning and must have the equipment necessary to extinguish the fire on hand, the fire must also be
completely extinguished before the person leaves;
•
to promote efficient burning and prevent excessive emissions of smoke, a responsible person must:
o
assure that all combustible material is dried to the extent practicable. This includes covering the combustible material when
practicable to protect the material from moisture in any form, including precipitation or dew;
o
loosely stack or windrow the combustible material to eliminate dirt, rocks and other non-combustible material and promote
an adequate air supply to the burning pile, and provide the necessary tools and equipment to accomplish this;
o
periodically re-stack or feed the burning pile, ensure that combustion is essentially completed and smoldering fires are
prevented, and provide the necessary tools and equipment to accomplish this.
The following general prohibitions apply to all open burns conducted in Oregon:
1. No person may cause or allow to be initiated or maintained any open burning that creates a nuisance or a hazard to public safety.
2. No person may cause or allow to be initiated or maintained any open burning of any wet garbage, plastic, asbestos, wire insulation,
automobile part, asphalt, petroleum product, petroleum treated material, rubber product, animal remains, or animal or vegetable matter
resulting from the handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or
noxious odors.
3. No person may cause or allow to be initiated or maintained any open burning of any material in any part of the state on any day or at any
time if the Department has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality
conditions.
4. No agency may issue any fire permit authorizing any open burning of any material at any location on any day or at any time if the
Department has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality conditions.
If an agency issues a permit in violation of this rule, the permit does not excuse any person from complying with this section.
5. No person may cause or allow to be initiated or maintained any open burning authorized by this Division during hours other than
specified by the Department.
6. No person may cause or allow to be initiated or maintained any open burning at any solid waste disposal site unless authorized by a
Solid Waste Permit.
7. No person may cause or allow to be initiated or maintained any open burning of debris removed from the property of origin unless the
person receives a letter permit.
All open burning conducted in Oregon is subject to the following conditions:
1. The Department may announce a mandatory prohibition based on adverse air quality conditions, in that instance all open burning would
be prohibited in all or a specified part of the state when the Department declares a particulate or sulfur dioxide alert, a particulate or
sulfur dioxide warning, or an emergency for any air contaminant;
2. The Department may notify the State Fire Marshal that all or specified types of open burning are prohibited or limited in all or any
specified parts of the state based on Meteorological Conditions, such as:
o
an air stagnation event as determined by the Department;
o
the daily maximum ventilation index calculated by the Department for Willamette Valley Open Burning Control Areas or
Umpqua Basin Open Burning Control Area is less than 200;
o
the daily maximum ventilation index calculated by the Department for the Rogue Basin Open Burning Control Area is less
than 400 for all regulated open burning.
o
the Department determines there is poor ventilation;
o
for regulation of burning of yard debris in urban areas, the amount of precipitation expected during the day; or
o
any other relevant factor.
Finally, open burning will be allowed only during daylight hours.
Pennsylvania Code, Chapter 129, Section 14: Open Burning Operations
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Quality
Stationary
Sources Section
Randy
Bordner, ranbor
[email protected]
(717) 772-3921
Stephen Socash,
PA DEP
Environmental
Program
Manager
Municipal &
Residual Waste
Div.
Bureau of
Waste
Management
(717) 787-7381
[email protected]
a.us
Chapter 129,
Section 14: Open
Burning Operations
•
•
•
•
No person may permit the open burning of material in an air basin.
Outside of air basins. No person may permit the open burning of material in an area outside of air basins in a manner that:
o
The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the
open burning is being conducted.
o
Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open
burning is being conducted. The emissions interfere with the reasonable enjoyment of life or property.
o
The emissions cause damage to vegetation or property.
o
The emissions are or may be deleterious to human or animal health.
Exceptions. The requirements do not apply where the open burning operations result from:
o
A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public
officer.
o
Any fire set for the purpose of instructing personnel in firefighting, when approved by the Department.
o
A fire set for the prevention and control of disease or pests, when approved by the Department.
o
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the
farm operation.
o
A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a
dwelling by two families or less and when the refuse results from the normal occupancy of the structure.
o
A fire set solely for recreational or ceremonial purposes.
o
A fire set solely for cooking food.
Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes:
o
Subsection (a) notwithstanding, clearing and grubbing wastes may be burned in a basin subject to the following
requirements:

Air curtain destructors shall be used when burning clearing and grubbing wastes.

Each proposed use of air curtain destructors shall be reviewed and approved by the Department in writing with
respect to equipment arrangement, design and existing environmental conditions prior to commencement of
burning. Proposals approved under this subparagraph need not obtain plan approval or operating permits under
Chapter 127 (relating to construction, modification, reactivation and operation of sources).

Approval for use of an air curtain destructor at one site may be granted for a specified period not to exceed 3
months, but may be extended for additional limited periods upon further approval by the Department.

The Department reserves the right to rescind approval granted if a determination by the Department indicates that
an air pollution problem exists.
o
Clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations:

Upon receipt of a complaint or determination by the Department that an air pollution problem exists, the
Department may order that the open burning cease or comply with the rules for burning outside of air basins

Authorization for open burning under this paragraph does not apply to clearing and grubbing wastes transported
from an air basin for disposal outside of an air basin.

During an air pollution episode, open burning is limited by Chapter 137 (relating to air pollution episodes) and
shall cease as specified in that chapter.
Alternatives to Open Burning
•
Reduce – Buy products in bulk, which requires less packaging, thereby producing less waste. Buy only what you need.
•
Reuse – Donate unused or unwanted items to local charities, have a yard sale, give the items to friends, or repair items when practical.
•
Recycle – Contact your municipality or waste hauler to find out what materials are collected for recycling. Encourage them to collect
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additional materials.
Compost – Turn leaves, yard waste, and kitchen fruit and vegetable scraps into a soil amendment by starting your own compost pile.
Grasscycling – Leave grass clippings where they fall. The clippings decompose and act as a natural fertilizer, reducing the need to buy
commercial fertilizer.
•
Buy Recycled – Buying recycled products closes the loop on the recycling process and creates the market to help recycle and reuse
materials that would otherwise be disposed in landfills or burned.
Air Pollution Control Regulation No. 4 – Open Fires
It is unlawful for any person to burn any material in an open fire at a solid waste management facility and/or hazardous waste disposal facility
or in connection with any salvage, industrial, commercial or institutional operation. The following are not subject to the regulation:
•
•
Rhode Island
Ted Burns
Supervising Air
Quality
Specialist
Division of Air
Resources
Department of
Environmental
Management
Air Pollution
Control Regulation
No. 4 – Open Fires
23-23-18 –
Regulation of
Burning in Open
Fires
•
•
•
•
Open burning for weed abatement or pest control after receiving written approval from the Director.
Bonfires composed of clean, untreated wood or cellulose derivatives for festive occasions conducted by an institution.
Open burning of solid or liquid fuels or structures for the purpose of instruction and training of municipal, volunteer and industrial
firefighters in the method of fighting fires when conducted under the direct control and supervision of qualified instructors after
receiving written approval from the Director.
Open burning of combustible material after demonstration to the satisfaction of the Director that no alternative and practical method of
disposal of said material is available. Alternative disposal methods may include chipping, cutting for forest products, landfilling, piling
for protective cover for wildlife and others. Persons wishing to burn must receive written approval from the Director and demonstrate
that approval has been granted by the municipality in which burning is to take place. Such burning must be conducted: (1) during
periods of good atmospheric ventilation; (2) without causing a nuisance; and (3) with smoke minimizing starters if starters or starting
aids are used.
Farms may apply for a permit for open burning of agricultural material (i.e. brush piles, for weed abatement or pest control) and when no
alternative practical method of disposal is available, in accordance with Air Pollution Control Regulation No. 4 - Open Fires. Burning by
resident homeowners on property owned by them where there is no commercial, industrial or salvage activity does not require a state
exemption.
South Carolina
Regulation 61-62.2
– Prohibition of
Open Burning
South Carolina
Forest Law
Handbook
23-23-18 – Regulation of Burning in Open Fires
•
The director may, by rule or regulation, prohibit the burning of any material in an open fire by any person on premises operated as a
public or semi-public refuse disposal facility or at other central refuse disposal sites. The director may also prohibit the burning of any
material in an open fire by any person in connection with any salvage, industrial, commercial, or institutional operation.
•
Nothing in this chapter shall interfere with the right and responsibility of cities and towns to adopt and enforce laws, ordinances, rules,
or regulations prohibiting open fires, except as provided in subsection(a).
•
It is the policy of the state that open fires shall be eliminated to the maximum extent possible. It is also the policy of the state that
regulation of open fires shall be the responsibility of political subdivisions of the state. All cities and towns are empowered to prohibit
open fires by ordinances or regulations except those open fires as described in subsection (a).
Regulation 61-62.2 – Prohibition of Open Burning
Open burning is prohibited except as follows:
•
Open burning of leaves, tree branches, or yard trimmings originating on the premises of private residences and burned on those
premises.
•
Open burning in connection with the preparation of food for immediate consumption.
•
Campfires and fires used solely for recreational purposes, ceremonial occasions, or human warmth. Fires set for the purpose of human
warmth must use only clean wood products (woody vegetation, leaves, or wood which is not coated with stain, paint, glue or other
coating material, and not treated lumber).
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South Carolina
Prescribed Fire Act
•
•
•
•
•
•
•
Fires purposely set in accordance with the Smoke Management Guidelines for Vegetative Debris Burning Operations in South Carolina,
administered by the South Carolina Forestry Commission include the following: (i) prescribed burning of forest lands for specific
management practices; (ii) fires purposely set for agricultural control of diseases, weeds, pests, and for other specific agricultural
purposes; and (iii) open burning of trees, brush, grass, and other vegetable matter for game management purposes.
Open burning in areas other than predominantly residential for the purpose of land clearing or right-of-way maintenance. This will be
exempt only if the following minimum conditions are followed: (i) the location of the burning must be a sufficient distance but not less
than one-thousand (1,000) feet from public roadways and all residential, commercial, and industrial sites not a part of the contiguous
property on which the burning is conducted; (ii) winds during the time of the burning must be away from any area in which the ambient
air may be significantly affected by smoke from the burning if that area contains a public roadway or a residential, commercial, or
industrial site; (iii) the material to be burned must have been generated on-site and not moved to the site from another location; (iv) the
amount of dirt on the material being burned must be minimized; (v) no heavy oils, asphaltic materials, items containing natural or
synthetic rubber, or any materials other than plant growth may be burned; (vi) the initial burning must be started only between the hours
of 9:00 a.m. and 3:00 p.m.; no combustible material may be added to the fire between 3:00 p.m. of one day and 9:00 a.m. the following
day; (vii) no more than two (2) piles thirty (30) feet by thirty (30) feet or equivalent may be burned within a six (6)-acre area at one time;
and (viii) in the case of land clearing, all salvageable timber and pulpwood must be removed.
Fires set for the purposes of training fire-fighting personnel and conducted at permanent fire-fighter training facilities. Prior approval is
required in order to obtain the exemption as a permanently established training site. Fires set for the purpose of fire-fighter training at
non-permanent locations must receive approval prior to the initiation of any burning activity. Materials used for fire-fighter training
cannot contain asbestos, heavy oils, asphaltic material, plastic or rubber without express written consent.
Open burning on the property where it occurs of residential construction waste from building and construction operations will be exempt
only if the following conditions are met: (i) the material being burned is residential construction waste associated with the building and
construction of one and two family dwellings only; (ii) the location of the burning is at least five-hundred (500) feet from any occupied
structure other than a dwelling or structure located on the property on which the burning is conducted; (iii) heavy oils, treated wood
products, asphaltic materials, items containing natural or synthetic rubber, or any other trade wastes which produce smoke in excess of
40% opacity are not burned; (iv) the burning does not occur during the ozone season (April 1 through October 30); and (v) the burning is
conducted only between the hours of 9:00 a.m. and 3:00 p.m.
Open burning, in remote or specified areas: (i) for non-recurring unusual circumstances; or (ii) for experimental burning for purposes of
data gathering and research. However, prior approval for these types of burning must be obtained.
The law does not restrict the time of day you can burn. However, burning during the late afternoon or at night, temperature inversions
can cause smoke to linger close to the ground, where it may impact neighbours or nearby roads. In general, it is best to burn between 10
am and 3 pm. This time of day is best for smoke dissipation, and will reduce the risk of negatively impacting neighbours.
When burning vegetation, you cannot burn household garbage, plastics, shingles, tires, lumber, rubber, or anything other than plant
growth that originates on the site.
The South Carolina Department of Health and Environmental Control may grant a variance from the distance requirements contained in South
Carolina Regulation No. 61-62.2 when an enhanced air burner is used to burn vegetative debris from land clearing and right-of-way
maintenance. When using an enhanced air burner, a contractor may, on a case-by-case basis, be allowed to burn less than 1,000 feet from
public roadways, residential, commercial, and industrial sites not a part of the contiguous property on which the burning is conducted. In no
case shall burning of this type be approved for distances less than 500 feet from the aforementioned sites. A written variance must be obtained
prior to placing an enhanced air burner into operation. Conditions for the temporary use of an enhanced air burner are as follows:
1.
2.
You must obey local ordinances and regulations regarding open burning. It is your responsibility to check with local fire management
personnel to determine if a burn is authorized.
You may not operate more than one enhanced air burner within a ten acre area at one time. You must have an operator familiar with the
proper operation of the unit on-site at all times during operation.
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
When material is being burned, the enhanced burner must not produce smoke emissions exceeding 20% opacity.
You cannot operate the enhanced air burner at the same site for longer than 90 days in a year. If you intend to operate an enhanced air
burner at the same site for a period longer than 90 days in a year you must make application to the South Carolina Department of Health
and Environmental Control.
You must construct the pit so that it allows for the proper operation of the specific enhanced air burner being used. You must not
overload the pit. The material in the pit should not be piled so that it protrudes above the rim of the pit.
You may place material in the burn pit only between the hours of 9:00 a.m. and 3:00 p.m. The fan may be operated beyond these hours.
Any deviation from these hours of operation must first be approved in writing by the South Carolina Department of Health and
Environmental Control.
You may not use an enhanced air burner whose air ducts or manifolds have been altered from its original design by bends, dents, or
holes, or if for some other reason(s) it does not create an even and non-turbulent flow of air across the top of the pit. No burning shall
take place if the burner air supply is not operating properly and as designed.
You must exercise good operational practices to operate the enhanced air burner in such a manner as to minimize air, land and water
pollution, and to prevent safety/health hazards and nuisances.
You must limit the type of material being burned to land clearing waste (consisting only of untreated natural wood debris) and nontreated or unfinished wood waste. You must not burn tires or other rubber products, plastics, heavy oils or asphaltic-based or
impregnated materials.
You must minimize the amount of dirt/soil on or in the material being burned.
Winds during the burn must be away from areas where the ambient air may be significantly impacted by smoke or ash from the burning
if the area contains a public roadway or a residential, commercial, or industrial site.
You must ensure that the location of the enhanced air burner is at least 500 feet from public roadways and all residential, commercial,
and industrial sites not a part of the contiguous property on which the burning is conducted.
You must have prior written approval from the South Carolina Department of Health and Environmental Control before re-locating the
enhanced burner either within the approved burn site or to a different burn site.
South Carolina Forest Law Handbook
•
Starting fire in woodlands, grasslands, and other places shall be unlawful unless certain precautions are taken. It shall be unlawful for
any owner or lessee of land or any employee of such owner or lessee or other person to start, or cause to be started, a fire in any
woodlands, brushlands, grasslands, ditchbanks, or hedgerows or in any debris, leaves or other flammable material adjacent thereto,
except under the following conditions: (i) proper notification shall be given to the State Forester, or his duly authorized representative or
other persons designated by the State Forester (ii) such persons shall have cleared around the area to be burned (i.e. a firebreak) and have
immediately available sufficient equipment and personnel (e.g. water hose, tractor, shovel, hand tools, etc.) to adequately secure the fire
and prevent its spread; and (iii) the person starting the burning shall supervise carefully the fire started and have it under control prior to
leaving the area.
•
A lessee of any land, or any employee of any landowner or lessee of land, or other person, must receive prior authorization from the
land-owner to conduct such burning, in addition to complying with the other provisions of this chapter.
•
The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city.
•
No burning shall be carried out during any period which the Governor has declared that an emergency exists in connection with forest
fires.
South Carolina Prescribed Fire Act
Prescribed fires: (i) must have a prescribed fire plan prepared before authorization to burn is given by the State Commission of Forestry, and
the plan must be on site and followed during the burn; (ii) must have at least one certified prescribed fire manager present and supervising the
burn from ignition until it is declared safe according to certification guidelines; (iii) are considered in the public interest and do not constitute
a public nuisance when conducted pursuant to state air pollution statutes, smoke management guidelines, and regulations applicable to the use
of prescribed fire; and (iv) are considered a property right of the property owner.
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South Dakota
Chapter 74:36:06:07
Regulated Air
Pollutant Emissions:
Open Burning
Practices Prohibited
Chapter
74:27:13:11. Open
Burning Restrictions
Alternatives to Open Burning Identified
•
Yard trimmings and landscape debris such as leaves and grass clippings, make up of 20% of the waste created from our homes.
Composting and grasscycling are simple ways to properly manage and reduce this waste as well as provide benefits like adding nutrients
to your grass and improving soil quality.
•
Instead of burning land-clearing debris, salvage the reusable timber and then grind or chip the remainder.
•
Never burn demolition debris. It could contain asbestos and lead-based paint.
•
Burning household garbage is illegal and it poses a risk to your family's health. Instead, look for ways to reduce waste or recycle.
Chapter 74:36:06:07 Regulated Air Pollutant Emissions: Open Burning Practices Prohibited
•
A person may not burn waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For the purposes of this subdivision, waste oil means
any oil that has been refined from crude oil, used, or contaminated by physical or chemical impurities. An exception for crude oil is
allowed as a remediation alternative for soils contaminated with crude oil if a person submits the information requested and the secretary
approves the alternative remediation process;
•
A municipality or county governmental agency may not burn municipal solid waste unless exempted by the small town exemption;
•
A person may not conduct or permit the operation of a salvage operation by open burning, except as allowed in article 74:27; and
•
A person may not burn railroad ties or wood treated with inorganic arsenicals, pentachlorophenol, or creosols.
Open burning of any other material must be conducted in accordance with all applicable local ordinances and state laws and rules.
Chapter 74:27:13:11. Open Burning Restrictions
Open burning of municipal solid waste is prohibited except as provided by § 74:36:15:03. Monthly open burning of agricultural wastes,
silvicultural wastes, diseased trees, land clearing debris, untreated wood products, or storm debris which is free of special wastes is allowed. A
facility shall confine burning to a separate area and shall supervise burning at all times.
It should be noted that there could be restrictions to burning in some areas. It is recommended to contact the local government (city or
county), National Park Service, State Park Service, National Forest Service or State Forest Service if a burn is being planned for approval.
Guidelines To Follow When Open Burning
The following guidelines apply to the open burning of trees, brush, grass, wood, and any vegetation in the clearing of land, right-of-way
maintenance operations, and agricultural crop burning. This includes the open burning of structures or material for fire training, open burning
for management of forests and wildlife or the disposal of a fire hazard.
•
•
•
•
•
The prevailing winds during the burn should be away from any city or any occupied residence likely to be affected by the smoke to the
best extent possible;
The amount of dirt in the material being burned should be minimized to reduce smoldering;
Oils, rubber, tarpaper, asphalt shingles, tires, railroad ties, treated wood, pesticide containers, materials containing asbestos, coated
electrical wire, and any other material creating unreasonable amounts of smoke or air pollutants may not be burned. For the purposes of
burning buildings as a means of disposal or fire training, the above listed items should be removed, to the best extent possible, prior to
burning;
No hazardous waste or material shall be burned. This will create hazardous air pollutants;
Open burning should be conducted between three hours after sunrise and three hours before sunset. This allows for good smoke
dispersion. Air inversions that would trap the smoke at breathing level are less likely to occur between these hours. Additionally, fuel
should not be added outside the timelines listed above. An open burn should be extinguished completely to ensure smoldering of
material does not persist;
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•
•
•
Tennessee
Tennessee
Department of
Environment
and
Conservation
Chapter 1200-3-4:
Open Burning
Tennessee Open
Burning Brochure
Burn Safe
Tennessee Website
Open burning should not obscure visibility or create a traffic hazard on any public road or airport right of way; and
The following entities should be notified of when and where the open burn will occur: local fire department, municipality nearest the
burn, the county sheriff's department and any military, commercial, county, municipal or private airport or landing strip that may be
affected by the open burn. Many complaints and disputes can be avoided by informing people ahead of time of the open burn. It is very
important to contact your local fire department. This will ensure that sufficient personnel will be available in the event that control of the
burn is lost; and
Common sense precautions, such as having someone watching the fire until it is extinguished and assuring smoke does not impact
residences or impair vehicular travel on highways, should be followed.
There are additional regulations governing wildland and prescribed open burns by private landowners and state agencies.
Chapter 1200-3-4: Open Burning
No person shall cause, suffer, allow, or permit open burning except as specifically exempted by Rule 1200-3-4-.04 Exceptions To Prohibition.
The open burning of tires and other rubber products, vinyl shingles and siding, other plastics, asphalt shingles and other asphalt roofing
materials, and/or asbestos containing materials is expressly prohibited, and such materials shall not be included in any open burning
conducted under the provisions of Rule 1200-3-4-.04 Exceptions To Prohibition.
Exceptions to Prohibition
Open burning, as listed below, may be conducted subject to specified limitations. This grant of exception shall in no way relieve the person
responsible for such burning from the consequences, damages, injuries, or claims resulting from such burning.
•
Fires used for cooking of food or for ceremonial, recreational or comfort-heating purposes, including barbecues, campfires, and outdoor
fireplaces.
•
Fires set by or at the direction of responsible fire control persons solely for training purposes, such as, for fire source training at fire
academies or for local fire department training. However, routine demolition of structures via supervised open burning by responsible
fire control persons is not considered fire training. Additionally, the person responsible for such burning, unless conducted at a
recognized fire training academy, must certify compliance with the following requirements by written statement. The certification must
be delivered to the Division of Air Pollution Control at the appropriate regional Environmental Field Office at least ten (10) working
days prior to commencing the burn:
o
The open burning is being conducted solely for fire training purposes;
o
All vinyl siding, carpet, vinyl flooring, asphalt roofing materials, and any other materials expressly prohibited in Rule 12003-4-.03, have been removed. However, the provisions of Rule 1200-3-4-.03(4) as it pertains solely to “other rubber products”
and “other plastics” are waived for incidental plastic or rubber materials which are an integral part of a structure used for fire
training, such as plastic plumbing, fixtures, and conduit; electrical wiring insulation, connections, switches, and fixtures;
interior trim; glues and resins in manufactured wood products; and vinyl window and door frames. Sheathing, decking,
roofing, exterior siding and trim, and structural load-bearing members whose composition is primarily rubber or plastics are
not considered incidental;
o
All regulated asbestos containing materials have been removed in accordance with Rule 1200-3-11-.02; and
o
A traffic hazard will not be caused by the air contaminants generated by the fire training.
•
•
•
Fires consisting solely of vegetation grown on the property of the burn site. Priming materials used to facilitate such burning shall be
limited to #1 or #2 grade fuel oils, wood waste, or other ignition devices approved by the Technical Secretary.
Fires disposing of “wood waste” solely for the disposition of such wood waste as provided in T.C.A. §68-201-115(c). Priming materials
used to facilitate such burning shall be limited to #1 or #2 grade fuel oils.
Fires solely for the burning of bodies of dead animals, including poultry, where no other safe and/or practical disposal method exists.
Priming materials used to facilitate such burning shall be limited to #1 or #2 grade fuel oils, vegetation grown on the property of the
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•
•
•
•
•
•
burn site, and wood waste.
Smokeless flares or safety flares for the combustion of waste gases, provided other remaining applicable conditions of these regulations
are met.
Such other open burning as may be approved by the Tennessee Air Pollution Control Board where there is no other practical, safe,
and/or lawful method of disposal. Documentation demonstrating why the general open burning regulations cannot be met must be
submitted.
Fires set at the direction of law enforcement agencies or courts solely for the purpose of destruction of controlled substances and drugs
seized as contraband. Priming materials used to facilitate such burning shall be limited to #1 or #2 grade fuel oils, and wood waste. The
provisions of Rule 1200-3-4-.03(4) as it pertains solely to “other rubber products” and “other plastics” are waived for incidental plastic
or rubber containers of said contraband.
Fires consisting solely of vegetation, manufactured lumber products not chemically treated to prevent insect or rot damage, such as
plywood, fiberboard, and paneling, uncoated paper and uncoated cardboard subject to the following conditions:
o
The site of such burning is not nearer than one-half mile to an airport, hospital, nursing home, school, Federal or State
highway, national reservation, national or state park, wildlife area, national or state forest, and/or occupied structures except
such structures as may be located on the same property as the burning site.
o
Priming materials used to facilitate such burning shall be limited to #1 or #2 grade fuel oils, and wood waste.
o
The person responsible for such burning must certify compliance with the distance requirements by written statement. The
certification must include the types and amounts of materials projected to be burned, and must be delivered to the Division of
Air Pollution Control at the appropriate regional Environmental Field Office at least ten (10) working days prior to
commencing the burn.
Fires consisting solely of non-radioactive, explosive, shock sensitive, chemically unstable, or highly reactive wastes, packaging, or
contaminated or potentially contaminated combustible materials. Priming materials used to facilitate such burning shall be limited to #1
or #2 grade fuel oils, and wood waste. The provisions of Rule 1200-3-4-.03(4) as it pertains solely to “other rubber products” and “other
plastics” are waived for this exception. Open burning conducted under this exception is only allowed where no other safe means of
disposal exists.
Fires consisting solely of materials resulting from a natural disaster, and when conducted in conformity with the following conditions:
o
Fires disposing of structural and household materials and vegetation are allowed only when those structures or materials are
destroyed or severely damaged by natural disaster. Input from Emergency Management personnel may be requested in
determining qualification with this criterion. The provisions of Rule 1200-3-4-.03(4) pertaining to structural and household
materials may be waived if the persons seeking to open burn under this provision make a reasonable effort to remove all
expressly prohibited material from the structural remains before ignition. The Technical Secretary reserves the right to
inspect the proposed materials to be burned before ignition. The alternative use of chippers and grinders, landfilling, or onsite burial of waste in lieu of burning, if lawful, is encouraged;
o
If a governmental collective burn site for disposing of structural and household materials and vegetation damaged by a
natural disaster is planned, the person responsible for such burning must notify the Division of Air Pollution Control of the
proposed location. The notification must be delivered to the Division of Air Pollution Control at the appropriate regional
Environmental Field Office at least three (3) days prior to commencing the burn. The Division may request that alternate
sites be identified to minimize impact to air quality. The alternative use of chippers and grinders in lieu of burning is
encouraged;
o
A traffic hazard will not be caused by the air contaminants generated by the fire;
o
No fire shall be ignited while any air pollution emergency episode is in effect in the area of the burn; and
o
Open burning conducted under this exception is only allowed where no other safe and/or practical means of disposal is
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•
•
available.
The Technical Secretary reserves the right to require a person to cease or limit open burning if emissions from the fires are deemed by
the Technical Secretary or his designee to jeopardize public health or welfare, create a public nuisance or safety hazard, create a
potential safety hazard, or interfere with the attainment or maintenance of the air quality standards.
Any exception to the open burning prohibition granted by this Rule Chapter does not relieve any person of the responsibility to obtain a
permit required by any other agency, or of complying with other applicable requirements, ordinances, or restrictions.
Tennessee Open Burning Brochure
It is illegal to burn the following items: tires/rubber products, plastic, paper products, paints and chemicals, aerosol and food cans, mobile
homes and buildings, building materials, copper and electrical wires, household trash, leaves and trees not grown at burn site, asphalt shingles
and oils. Alternatives to burning include composting and recycling.
Texas
Texas
Commission on
Environmental
Quality
Chapter 111 Control of Air
Emissions from
Visible Emissions
and Particulate
Matter, Subchapter
B, Outdoor Burning
Burn Safe Tennessee Website
•
Avoid burning on dry, windy days.
•
Burn late in the day after the wind has quieted and humidity begins to increase, usually after 5:00 p.m.
•
Check to see if weather changes are expected. Outdoor burning should be postponed if shifts in wind direction, higher winds or wind
gusts are forecast.
•
Before doing any burning, establish wide control lines down to bare mineral soil at least five feet wide around any burn barrels and even
wider around brush piles and other piled debris to be burned. The larger the debris pile, the wider the control line needed to ensure that
burning materials won’t be blown or roll off the pile into vegetation outside the line.
•
Stay with all outdoor fires until they are completely out.
•
Keep water and hand tools ready in case your fire should attempt to spread.
•
If you burn in a burn barrel or other trash container, be sure it is equipped with a ½" mesh screen or metal grid to keep burning material
contained.
•
Stay abreast of wildfire danger levels and heed warnings and bans on outdoor burning.
•
Be aware of where your smoke is going. Avoid burning when your smoke will be bothersome to neighbors or sensitive locations such as
highways.
Chapter 111 - Control of Air Emissions from Visible Emissions and Particulate Matter, Subchapter B, Outdoor Burning
Outdoor burning is not permitted, except under the following conditions/exemptions:
•
fire training;
•
recreation, ceremony, cooking and warmth;
•
disposal fires;
•
prescribed burns; and
•
hydrocarbon burning.
Each of the above conditions/exceptions has a set of further requirements that must be met before a burn is permitted. Additionally, the
following general requirements for outdoor burning apply to any burns that have been permitted:
•
the Texas forest service must be notified before any outdoor burns;
•
burning must occur outside of the corporate limits of a city or town that has enacted ordinances;
•
a burn cannot be conducted that will cause smoke or other pollutants to cause adverse effects to any public road, landing strip, navigable
water, or off site structure containing sensitive receptors;
•
if the burn causes smoke to cross a road or highway, it is the responsibility of the person who initiated the burn to post flag-persons of
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effected roads;
burning must be conducted downwind of or at least 90 metres away from any structures containing sensitive receptors;
burning must be started no earlier than one hour after sunrise and completed no more than one hour before sunset;
burning cannot be started when the surface wind speed is predicted to be less than five knots or more than 20 knots during the burn
period;
•
burning cannot be conducted during periods of actual or predicted persistent low-level atmospheric inversions; and
•
electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially
explosive materials, chemical wastes, and items containing natural or synthetic rubber cannot be burned.
R307. Environmental Quality, Air Quality. Rule R307-202. Emission Standards: General Burning
•
Open burning is generally prohibited in Utah, however there are certain exceptions. Except in areas zoned as residential, burning for
horticultural or agricultural operations is permitted. Additionally, burning weed growth along ditch banks in order to clear the ditches for
irrigation purposes is allowed. The heating of orchards or other crops during frost season is also permitted. Lastly, burning for firefighter
training purposes is permitted. These above types of burns are excluded from the regulations altogether, and therefore no permits or
notice of any kind is required.
•
Burns are never allowed to take place at sites used for the disposal of community trash, garbage, or other wastes.
•
Burns may not be conducted for the disposal or burning of petroleum wastes, demolition or construction debris, residential rubbish,
garbage or vegetation, tires, tar, wood waste, other combustible or flammable solids, liquid or gaseous wastes, or for metals salvage or
burning of motor vehicles. Burnings will be approved by the municipal fire authority based on predicted meteorological conditions and
whether the emissions might impact the health and welfare of the public.
Some types of open burning are allowed in Utah, under the regulations, without a permit. These types of open burns include:
•
devices for the primary purpose of food preparation such as outdoor grills and fireplaces;
•
campfires and fires used solely for recreational purposes where such fires are under control of a responsible person and the combustible
material is clean, dry wood or charcoal; and
•
indoor fireplaces and residential solid fuel burning devices.
Other types of open burning within Utah require permits, namely:
•
except in non-attainment and maintenance areas, open burning of tree cuttings and slash in forest areas where the cuttings accrue from
pulping, lumbering, and similar operations, but excluding waste from sawmill operations such as sawdust and scrap lumber;
•
open burning of trees and brush within railroad rights-of-way provided that dirt is removed from stumps before burning, and that tires,
oil more dense than #2 fuel oil, tar, or other materials which can cause severe air pollution are not present in the materials to be burned,
and are not used to start fires or to keep fires burning;
•
open burning of a fire hazard that a county or municipal fire authority determines cannot be abated by any other viable option;
•
open burning of highly explosive materials when a county or municipal fire authority, law enforcement agency or governmental agency
having jurisdiction determines that onsite burning or detonation in place is the only reasonably available method for safely disposing of
the material;
•
open burning of contraband by law enforcement; and
•
open burning of clippings, bushes, plants and prunings from trees incident to property clean-up activities, including residential cleanup,
between March 1st and May 30th or September 15th and November 15th and only if the clearing index is 500 or greater.
The director may issue permits at his/her discretion for other burns as well, however, before the director issues any permits (including for
activities described above) the following factors must be taken into account:
•
the location and proximity of any proposed burning to any building, other structures or the public;
•
burning can only be conducted when the clearing index is 500 and above; and
•
whether there is any practical alternative method for disposal of the material to be burned.
•
•
•
Utah
R307.
Environmental
Quality, Air Quality.
Rule R307-202.
Emission Standards:
General Burning
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Practical methods to minimize emissions are recommended, these include:
•
the use of auxiliary fuel;
•
drying the material prior to ignition; and
•
separating certain materials that produce higher emissions during the burning process for alternative methods of disposal.
Vermont
Philip Etter
Environmental
Analyst, Field
Services
Section. Phone:
802-241-3840
Vermont Air
Pollution Control
Regulations,
Subchapter II,
sections 5-201, 5202, 5-203
Vermont Solid
Waste Management
Rules, Section 6-302
Vermont Statute,
Title 24: Municipal
and County
Government, 24
V.S.A. Section 2201
Throwing,
Depositing,
Burning, and
Dumping Refuse;
Penalty; Summons
and Complaint
State of Vermont
Air Pollution
Control Permit:
Open Burning
Any permits that are granted become invalid during periods where the clearing index is below 500 or publicly announced air pollution
emergencies or alerts have been declared in the area of the proposed burn. All open burns must also be supervised by a responsible person
who must have the means to suppress the fire on hand if necessary.
Vermont Air Pollution Control Regulations, Subchapter II, sections 5-201, 5-202, 5-203
Sections 5-201 describes the restriction on open burning in the state of Vermont while section 5-202 identifies the specific conditions under
which open burning is permissible.
• No person shall engage in any open burning except in conformity with the provisions in the regulation.
• No person shall cause, suffer, allow or permit the open burning of garbage, tires, rubber, plastic, waste oil, asphalt materials, materials
containing asbestos, or pressure treated wood, except as may be allowed under in the regulation.
Under the regulation there are some permissible conditions for the open burning of material. When not prohibited by local ordinances or
officials having jurisdiction such as local, state or federal fire wardens or other fire prevention officials, the following types of burning are
permissible, provided no public or private nuisance is created.
• Natural wood fires in conjunction with holiday and festive celebrations.
• Campfires, outdoor grills, and fireplaces for recreation or preparing of food.
• Burning of solid or liquid fuels or structures for the purpose of bona fide instruction and training of municipal, volunteer, and industrial
firefighters in the methods of fighting fires when conducted under the direct control and supervision of qualified instructors. Said
firefighters shall be residents of the State of Vermont or affiliated with the mutual aid systems within the State of Vermont. Notification
by the fire training officer or the fire chief of the training exercise shall be made to the Air Pollution Control Officer on prescribed forms
at least 14 days prior to the exercise.
• Burning in forest land areas of brush, tree cuttings and slash when the cuttings accrue from logging or site clearing operations.
• Burning for the purpose of weed abatement; disease, forest fire and pest prevention or control; and for the purpose of agricultural, forestry
or wildlife habitat management.
• On-premise burning of leaves, brush, deadwood, or tree cuttings accrued from normal property maintenance by the owner, his or her
agent, or lessee thereof.
• Open burning, as follows, if prior approval in writing is obtained from the Air Pollution Control Officer. Approvals granted under this
subsection shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety or comfort of
the public. The requirement for approval in writing may be waived by the Air Pollution Control Officer and oral approval may be granted
instead when, in his or her judgment, the impacts of the burning will be insignificant.
• Burning in remote areas, of highly explosive or other dangerous, or unusual materials for which there is no other feasible method of
disposal.
• Burning in remote areas of natural wood resulting from the construction or demolition of buildings and other structures originating from
within the State.
• Fires to thwart a hazard which cannot properly be managed by any other means or that are necessary for the protection of public health.
• Burning of other combustible materials for which there is no other feasible method or disposal.
• Burning of natural wood in an area designated by the selectmen or city council, with the permission of the selectmen or city council of
that municipality and the fire warden in that jurisdiction, and in conformance with the procedures outlined in Section 5-203 of these
regulations.
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Vermont Solid Waste Management Rules, Section 6-302
The open burning of solid waste is prohibited except as may be allowed in accordance with the Air Pollution Control Regulations. The
Secretary may require any person seeking to conduct the following types of open burning to obtain additional approval for such burning
pursuant to these rules: (i) burning of structures for the purpose of training firefighters; and (ii) fires to thwart a hazard which cannot properly
be managed by any other means or fires that are necessary for the protection of public health.
Vermont Statute, Title 24: Municipal and County Government, 24 V.S.A. Section 2201 Throwing, Depositing, Burning, and Dumping
Refuse; Penalty; Summons and Complaint
No person shall burn or cause to be burned in the open or incinerate in any container, furnace, or other device any solid waste without:
• First having obtained all necessary permits from the agency of natural resources, the district environmental commission, and the
municipality where the burning is to take place; and
• Complying with all relevant state and local regulations and ordinances.
State of Vermont Air Pollution Control Permit: Open Burning
Permits may be granted to open burn certain materials, provided no public or private nuisance is created. Permits may contain conditions
restricting amounts and types of materials to be burned, location of burn sites, size of burn piles, meteorological conditions under which
burning may occur, and time and duration of burns. The required information is as follows: (i) location and topographical setting of burn site;
(ii) approximate distance to nearest homes, businesses, roads, etc; (iii) type of waste or material to be burned (e.g. pallets, demolition material,
etc.); (iv) estimated size of pile to be burned; and (v) proposed date of burn
Virginia
DEQ Central
Office
(804) 698-4000
Director of Air
Quality
Monitoring
Chuck Turner
(804) 527-5178
9VAC5 Chapter 130
Regulation For
Open Burning
Other Information
In order to minimize the negative impacts of open air burning, the following procedures are encouraged:
• Encourage alternatives such as chipping or composting;
• Burn during better wind& weather conditions;
• Salvage larger wood for other purposes; and
• Allow materials to dry before burning
9VAC5 Chapter 130 Regulation For Open Burning
The following types of open burning are prohibited:
•
No owner or other person shall cause or permit open burning of refuse or use of special incineration devices except as provided in
9VAC5-130-40.
•
No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of rubber
tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona
fide firefighting instruction at firefighting training schools having permanent facilities.
•
No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of hazardous
waste or containers for such materials.
•
No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage
operation or for the destruction of commercial/industrial waste.
•
Upon declaration of an alert, warning or emergency stage of an air pollution episode or when deemed advisable by the board to prevent
a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or
use of a special incineration device; and any in-process burning or use of special incineration devices shall be immediately terminated in
the designated air quality control region.
The following types of open burning are allowed:
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•
•
•
•
•
•
•
•
•
Upon the request of an owner or a responsible civil or military public official, the board may approve open burning or the use of special
incineration devices under controlled conditions for the elimination of a hazard that constitutes a threat to the public health, safety or
welfare and that cannot be remedied by other means consonant with the circumstances presented by the hazard. Such uses of open
burning or the use of special incineration devices may include, but are not limited to, the following:
o
Destruction of deteriorated or unused explosives and munitions on government or private property when other means of
disposal are not available. Hazardous waste permits may be required under the provisions of 9VAC20-60 (Hazardous Waste
Management Regulations).
o
Destruction of debris caused by floods, tornadoes, hurricanes or other natural disasters where alternate means of disposal are
not economical or practical and when it is in the best interest of the citizens of the Commonwealth.
o
On-site destruction of animal or plant life that is infested, or reasonably believed to be infested, by a pest or disease in order:
(i) to suppress, control, or eradicate an infestation or pest; (ii) to prevent or retard the spread of an infestation or pest; or (iii)
to prevent further disease transmission or progression.
Open burning is permitted for training and instruction of government and public fire fighters under the supervision of the designated
official and industrial in-house firefighting personnel with clearance from the local firefighting authority. The designated official in
charge of the training shall notify and obtain the approval of the regional director prior to conducting the training exercise. Training
schools where permanent facilities are installed for firefighting instruction are exempt from this notification requirement. Buildings
which have not been demolished may be burned under the provisions of this subdivision only.
Open burning or the use of special incineration devices is permitted for the destruction of classified military documents under the
supervision of the designated official.
Open burning is permitted for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for
outdoor non-commercial preparation of food, and for warming of outdoor workers provided the materials specified in subsections B and
C of 9VAC5-130-30 are not burned.
In urban areas, open burning is permitted for the on-site destruction of leaves and tree, yard and garden trimmings located on the
premises of private property, provided that no regularly scheduled public or private collection service for such trimmings is available at
the adjacent street or public road. In non-urban areas, open burning is permitted for the on-site destruction of leaves and tree, yard and
garden trimmings located on the premises of private property regardless of the availability of collection service for such trimmings.
Open burning is permitted for the on-site destruction of household waste by homeowners or tenants, provided that no regularly
scheduled public or private collection service for such refuse is available at the adjacent street or public road.
Open burning is permitted for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack. Use of a
flare or flare stack for the destruction of hazardous waste or commercial/industrial waste is allowed provided written approval is
obtained from the board and the facility is in compliance with Article 3 (9VAC5-40-160 et seq.) of 9VAC5-40 (Existing Stationary
Sources) and Article 3 (9VAC5-50-160 et seq.) of 9VAC5-50 (New and Modified Stationary Sources). Permits issued under9VAC5-80
(Permits for Stationary Sources) may be used to satisfy the requirement for written approval. This activity must be consistent with the
provisions of 9VAC20-60.
Open burning or the use of special incineration devices is permitted onsite for the destruction of clean burning waste and debris waste
resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks,
pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations. Open
burning or the use of special incineration devices for the purpose of such destruction is prohibited in volatile organic compounds
emissions control areas (see 9VAC5-20-206) during May, June, July, August, and September.
Open burning is permitted for forest management and agriculture practices approved by the board, provided the following conditions are
met: (i) the burning shall be at least 1000 feet from any occupied building unless the occupants have given prior permission, other than a
building located on the property on which the burning is conducted; and (ii) the burning shall be attended at all times.
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•
Open burning or the use of special incineration devices is permitted for the destruction of clean burning waste and debris waste on the
site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an
underground fire hazard due to the presence of methane gas. Open burning or the use of special incineration devices for the purpose of
such destruction is prohibited in volatile organic compounds emissions control areas (see 9VAC5-20-206) during May, June, July,
August, and September.
According to the Virginia Waste Management Board, no destruction of waste by open burning or transportation of waste to be destroyed by
open burning shall take place in violation of the regulations of the Virginia Waste Management Board.
Forest Management And Agricultural Practices.
Open burning may be used for the following forest management practices provided the burning is conducted in accordance with the
Department of Forestry's smoke management plan:
•
To reduce forest fuels and minimize the effect of wild fires.
•
To control undesirable growth of hardwoods.
•
To control disease in pine seedlings.
•
To prepare forest land for planting or seeding.
•
To create a favorable habitat for certain species.
•
To remove dead vegetation for the maintenance of railroad, highway and public utility right-of-way.
In the absence of other means of disposal, open burning may be used for the following agricultural practices:
•
To destroy undesirable or diseased vegetation.
•
To clear orchards and orchard prunings.
•
To destroy empty fertilizer and chemical containers.
•
To denature seed and grain that may no longer be suitable for agricultural purposes.
•
To prevent loss from frost or freeze damage
•
To create a favorable habitat for certain species.
•
To destroy strings and plastic ground cover remaining in the field after being used in growing staked tomatoes.
According to the regulations, a local government may adopt an ordinance to regulate open burning and air pollution within its jurisdiction
provided the ordinance is approved by the State regulatory board.
Washington
Washington Clean
Air Act – Sections
743-765
Department of Forestry
•
There is a ban on open air burning before 4 PM in the afternoon if the fire is within 300 feet of the woods or dry grass which can carry
the fire to the woods. Burning is allowed between 4 p.m and midnight as long as proper care and precautions are taken and the fire is
attended at all times. The law goes into effect on February 15th each year and runs through April 30th. Campfires are considered an
open air fire. A pit fire or campfire may be approved if it meets all the following conditions: Fire is below ground level, continuously
monitored and completely enclosed with cinder blocks and a 1/4" or smaller metal screen is placed over the enclosure. Extra precautions
should be taken to clear a 20-foot circle of all flammable materials and have water and a shovel available.
Washington Clean Air Act – Sections 743-765
•
Open burning is not permitted in non-attainment areas of Washington State, cities over 10,000 people, high density areas (places that
have a population density of over 1,000 people per 2.5 square kilometres (square mile), or areas in which a reasonable alternative to
burning exists. Additionally, the following materials cannot be included in an outdoor fire: garbage, dead animals, asphalt, petroleum
products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood,
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West Virginia
West Virginia
Department of
Environmental
Protection Division of Air
Quality
Phone: (304)
926-0475
45CSR6- Title 45
Legislative Rule
Department of
Environmental
Protection –
Division of Air
Quality – Series 6 –
Control of Air
Pollution from
Combustion of
Refuse
construction/demolition debris, metal, or any substance (other than natural vegetation) that normally releases toxic emissions, dense
smoke, or obnoxious odors when burned. No open burning is permitted during air pollution episodes or conditions of impaired air
quality as declared by the local air authority.
•
It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is
detrimental to the health, safety, or welfare of any person, that causes damage to property or business, or that causes a nuisance. Outdoor
containers such as burn barrels and other incinerators used for outdoor burning must be constructed of concrete or masonry with a
completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire
mesh, or other non-combustible material with openings not larger than one-half inch.
Permits are required for the following types of burns:
•
residential burning (except in the nonurban areas of any county with an unincorporated population of less than fifty thousand);
•
land clearing burning;
•
storm or flood debris burning;
•
tumbleweed burning (except in counties with a population of less than two hundred fifty thousand);
•
weed abatement fires;
•
firefighting instruction to fight structural fires in urban growth areas and cities with a population over ten thousand, and all other
firefighting instruction fires, except firefighting instruction fires for training to fight structural fires, aircraft crash rescue fires, and forest
fires;
•
rare and endangered plant regeneration fires;
•
Indian ceremonial fires; and
•
recreational fires with a total fuel area that is greater than 0.9 metres (three feet) in diameter and/or 0.6 metres (two feet) in height
(except in the nonurban areas of counties with an unincorporated population of less than fifty thousand).
45CSR6- Title 45 Legislative Rule Department of Environmental Protection – Division of Air Quality – Series 6 – Control of Air
Pollution from Combustion of Refuse
•
•
•
All persons engaged in any form of combustion of refuse shall give careful consideration to the effects of the resultant emissions on the
air quality of the area(s) affected by such burning. Important considerations include, but are not limited to, the location and time of
burning, the type of material being burned and the potential emissions and the prevailing meteorological conditions.
It is the intent of the Secretary that all incorporated areas and other local governmental entities prohibit open burning and develop
alternative methods for disposal of refuse.
The open burning of refuse by any person is prohibited except for the following exceptions:
o
vegetation grown on the premises of a home or farm, provided that there is compliance with certain provisions, and the
health, safety, comfort and property of persons are protected from the effects of such burning.
o
fires set for the purpose of bona fide instruction and training of public and industrial employees and members of volunteer
fire departments in the methods of fighting fires, provided that approval to conduct such burning is received from the
Secretary.
o
open burning of land clearing debris provided that all the following conditions are met: (a) there is no practical alternate
method for the disposal of the material to be burned; (b) the health, safety, comfort and property of persons are protected
from the effects of such burning; and (c) approval to conduct such burning is received from the Secretary.
o
open burning of propellant and explosive wastes, provided that the open burning is conducted in accordance with 45CSR25.
o
prescribed burning, in accordance with a written prescribed fire plan approved by the West Virginia Division of Forestry, or
in the case of federal lands, approved by the appropriate agency administrator and endorsed by the West Virginia Division of
Forestry, prior to ignition for the following wildlife, forest and associated land management purposes: (a) to improve forest
health; (b) to maintain and restore wildlife habitat; (c) to reduce forest fuels and minimize the effect of wildfires; (d) to
prepare land for planting or seeding (site preparation); (e) to restore fire-dependent forest ecosystems; and (f) to integrate
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•
with other control methods for use in eradication of non-native invasive plants.
The exemptions listed above are subject to the following stipulation - upon notification by the Secretary, no person shall cause or allow
any form of open burning during existing or predicted periods of atmospheric stagnation. Notification shall be made by such means as
the Secretary may deem necessary and feasible.
Other Information on Open Burning Provided by West Virginia
•
Materials illegal to open burn include: (i) household trash (burn barrels and/or piles) including paper products - such as cardboard,
boxes, etc.; (ii) construction, building, or demolition materials (examples: lumber, flooring, roofing material, carpet, plastic, styrofoam,
etc.); (iii) wood pallets and other packaging materials; (iv) tires or other rubber products; (v) asbestos-containing materials including
building materials; (vi) insulation from copper wire; and (vii) waste paints, waste oil, or solvents
Guidelines for the Open Burning of Vegetation and Land Clearing Debris
• Must be thoroughly dried at least 10 days and piled to promote combustion
• No trunks, limbs or stumps over eight inches in diameter (before splitting) are to be burned
• Conducted during daylight hours, which requires the size of burn piles to be small enough to burn out before dark
• Fires must be completely extinguished and not allowed to smolder at night
• All fires must be surrounded by a 10-foot clearing (down to mineral soil) to prevent escape to potential combustible materials
• Never leave fires unattended, and keep a shovel and water source nearby
• No trash, asphaltic, rubber or plastic materials are to be burned.
• No construction or demolition debris is to be burned.
• There is no practical alternative disposal method for the materials to be burned.
• Vegetation to be burned must have been grown on the premises of the home, farm, or site of land clearing operation.
• Give careful consideration to the effects, or potential effects, on other people or property. Time of day, proximity, type of materials,
wind direction and other weather conditions such as air stagnation have a bearing on the effect to others.
• A pit burner must be used whenever practical for burning all vegetation. Setup and operation of the pit burner must be in conformance
with manufacturer’s specifications.
• Permit must be obtained from the Division of Forestry during forest fire season (March 1 –May 31 and October 1 - December 31) to
burn during hours of 7 a.m. and 5 p.m.
• During the outdoor burning season, fires used to clear brush and vegetative debris will only be permitted between the hours of 5 p.m.
and 7 a.m.
Guidelines for Bona Fide Fire Training
• Fire training is for the instruction and training of public and industrial employees and members of volunteer fire departments.
• "Pan fires" using propane, fuel oil, or wood must be approved.
• Adhere to the following provisions: (i) all asphalt or asbestos-containing materials must be removed; (ii) must contact and obtain
approval for all structures to comply with the federal asbestos NESHAP; (iii) upon completion of training, the fires must be completely
extinguished to prevent smoldering; and (iv) properly dispose of all remaining debris.
•
Many items that are burned in a trash pile or burn barrel can often be recycled. Newspapers, glass, cardboard and many plastics can be
recycled. Grass clippings and leaves are ideal to add to a compost pile. Old attic junk could be given away for someone else to reuse.
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Wisconsin
Malodorous
Emissions and of
Open Burning-NR
429
Forest Fire Control
– NR 30
Solid Waste
Storage,
Transportation,
Transfer,
Incineration, Air
Curtain Destructors,
Processing, Wood
Burning,
composting and
Municipal Solid
Waste Combustors NR 502
Malodorous Emissions and of Open Burning-NR 429
Open burning is prohibited, with the following exceptions:
•
burning of brush or weeds on agricultural lands;
•
fires set for practice and instruction of fire fighters, or testing of firefighting equipment;
•
backfires to control forest fires or fires set for forest or wildlife habitat management with approval of the department where no
reasonable alternative is available;
•
burning of explosive or dangerous material for which there is no other safe means of disposal;
•
burning of small amounts of dry combustible rubbish (not to include wet combustible rubbish, garbage, oily substances, asphalt, plastic
or rubber products) except where prohibited by local ordinance;
•
burning at rural or isolated solid waste disposal sites outside of the Southeastern Wisconsin Intrastate AQCR which have been approved
under s. NR 506.04, or burning of special waste where permits are obtained from the department;
•
outdoor fires for cooking, ceremonies or recreation;
•
burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-ways outside of the Southeastern Wisconsin
Intrastate AQCR;
•
burning of trees, wood, brush or demolition materials, excluding asphaltic or rubber material, using methods approved by the
department;
•
small open flames for welding, acetylene torches, safety flares, heating tar or similar applications;
•
burning of gaseous or liquid waste in a manner approved by the department; and
•
burning of small amounts of dry leaves and dry plant clippings except where prohibited by local ordinance.
All allowed open burning shall be conducted in a safe pollution free manner, when wind and weather conditions are such as to minimize
adverse effects and in conformance with local and state fire protection regulations.
Forest Fire Control – NR 30
•
NR 30 details regulations for controlling or preventing forest fires in Wisconsin. Much of the regulatory text is irrelevant to this study,
but briefly summarizing the regulations provides some additional data for the practice of safe open burning in forested regions. Burning
when the fire is set solely for warmth or for cooking food is permitted, and burning is generally permitted when the ground is snow
covered. Aside from those two cases, burns may be allowed if the individual conducting the burn first acquires a permit, which may be
granted depending upon conditions such as the weather, fuels used, time of day of the burn, area to be burned etc. NR 30 also has
information regarding emergency uses for fires, as well as emergency burning restrictions for dry periods or times when the threat of a
forest fire is high.
Solid Waste Storage, Transportation, Transfer, Incineration, Air Curtain Destructors, Processing, Wood Burning, Composting and
Municipal Solid Waste Combustors - NR 502
•
NR 502 covers a range of different waste disposal methods, only two of which are relevant in regards to open burning. The regulatory
requirements pertaining to air curtain destructors (NR 502.10) and woodburning facilities and open burning (NR 502.11) could be
considered as relevant to open burning. However, the requirements for air curtain destructor operation and woodburning facility
operation are far more complex than normal open burning requirements as these technologies/facilities are more industrial in nature and
have the potential to release far more contaminants to air. Neither air curtain destructors nor woodburning facilities can be operated
without proper operating licenses and permits, and must be operated certain distances from wells, public waterways, land owned by any
person not operating the equipment/facility and highways or other roadways.
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The following is a list of the design and operational requirements for air curtain destructors being used in Wisconsin:
•
The burning pit shall be constructed of a material which will result in a pit of permanent dimensions. Unconsolidated soils are not an
acceptable material for construction of the burning pit. Maintenance shall be performed on the pit to keep its dimensions constant to
keep the air curtain destructor operating properly.
•
The burning pit floor shall be constructed in a manner which provides for proper drainage.
•
The burning pit shall be oriented perpendicular to the prevailing wind with the plenum chamber and blower on the downwind side.
•
The charging area shall be paved with the concrete pad for a distance of at least 10 feet from the edge of the burning pit and sloped away
from the chamber. Adequate safety devices shall be provided to prevent loading equipment from falling into the burning pit.
•
Only clean wood and brush may be burned in an air curtain destructor.
•
The stockpile of waste material shall be kept a minimum of 100 feet from the burner. The total amount of stockpiled waste shall be
limited to the amount that can be burned in 5 days.
•
Charging shall be done to prevent damage to the pit wall and floor.
•
Waste shall be placed so that it does not extend above the burning pit or interfere with air circulation.
•
Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling
materials are unobtainable, other methods approved by the department in writing may be used.
•
Burning may be conducted only during daylight hours. Quantities of materials to be burned shall be restricted to allow for complete
burnout while the facility is attended.
•
Fire-fighting equipment shall be kept at the facility in case of emergency. Arrangements shall also be made with the local government to
provide fire protection. Fire breaks shall be provided for a distance of at least 100 feet from the air curtain destructor. Greater setbacks
may be specified by the department.
•
The burning pit shall be cleaned out on a regular schedule. Ashes may not be allowed to accumulate to a depth of greater than 3 feet.
The department may specify a lesser depth.
•
The air curtain destructor shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on
duty.
•
An attendant shall be on duty at all times when the blower unit is in operation. All fires shall be extinguished when the blower unit is
shut off.
•
Warning signs shall be posted at intervals around the entire air curtain destructor installation notifying people to keep out of the area.
•
A sign acceptable to the department shall be posted at the entrance to the operation which indicates the name, acceptable wastes, license
number, the hours of operation, penalty for non-authorized use, necessary safety precautions and any other pertinent information.
•
Surface water shall be diverted away from the active operating area, storage area and access areas.
•
Ash resulting from the operation shall be disposed of at a facility approved by the department to receive such material.
•
The facility shall be operated in a nuisance-free manner.
The following is a list of the design and operational requirements for a woodburning facility in Wisconsin:
•
All burning shall be done on a burning pad or pit constructed of concrete, compacted gravel, compacted mineral soil or other materials
approved in writing by the department. A firebreak of mineral soil scraped free of vegetation for a minimum distance of 100 feet around
the burning pad or pit shall be constructed. Greater setback distances may be required by the department.
•
Only dry, unpainted and untreated wood, stumps or trees may be burned at a woodburning facility.
•
Waste material may be placed or stored on the burning pad, but may not exceed the amount of wood that can be burned in one day. Any
additional accumulation of waste material shall be stockpiled a minimum of 100 feet from the burning pad. The total amount of
stockpiled waste shall be limited to the amount that can be burned in 5 calendar days.
•
Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling
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materials are unobtainable, other methods approved by the department in writing may be used.
Burning shall be conducted only during daylight hours.
Fire-fighting equipment shall be kept at the facility in case of emergency, unless the services of a local fire protection agency are
arranged.
•
The burning pad shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on duty.
•
An attendant shall be on duty at all times when burning is taking place. All fires shall be extinguished before the attendant leaves the
facility. The fire shall be actively tended and maintained to promote complete combustion, ensure good fuel-flame contact and
burndown.
•
A sign acceptable to the department shall be posted at the entrance to the operation which indicates the facility name, acceptable wastes,
license number, the hours of operation, penalty for unauthorized use, necessary safety precautions and any other pertinent information.
•
Storm water shall be diverted away from the burning pad, storage area and access areas.
•
Ash resulting from the operation shall be disposed of at a facility approved by the department to receive that material.
•
The facility shall be operated in a nuisance-free manner.
Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 10, Section 2, Open Burning Restrictions.
Chapter 10, Section 2, Open Burning Restrictions addresses restrictions and requirements on specific burning practices such as unlawful open
burning; emergency open burning; refuse burning; open burning of trade wastes, for salvage operations, for fire hazards, and for firefighter
training; and vegetative material open burning. Section 2 is not applicable to burns for recreational purposes, cooking of food, providing
warmth for human beings, branding of animals, and handheld fire extinguisher training.
•
•
Wyoming
Brian
Bohlmann at
307-777-6993
or brian.bohlma
[email protected]
Leif Paulson at
307-777-6126
or leif.paulson
@wyo.gov
Wyoming Air
Quality Standards
and Regulations
(WAQSR) Chapter
10, Section 2, Open
Burning
Restrictions.
WAQSR Chapter
10, Section 4,
Smoke management
requirements
Restrictions on refuse burning - refuse associated with dwelling units, farmsteads, or ranch headquarters may be burned only when all of the
following conditions are met.
•
The refuse is burned only on the property where it was generated.
•
No refuse burning closer than 500 feet on other property to a neighboring residence, workplace, or other place where people congregate
to minimize the impacts from smoke.
•
Only burn during the daytime hours to minimize the impacts from smoke.
•
Attend and observe the burn periodically to determine the smoke dispersion, direction and impacts so that corrective action (e.g.,
notifying neighboring residents and extinguishing the burn) can be taken if necessary.
•
Comply with all local (city and county), state, and federal laws, regulations and ordinances relating to refuse burning.
•
Comply with any restriction on burning issued by the city, county or state.
•
By conducting a refuse burn, permission is given to appropriate government staff to enter and inspect the refuse burn location for the
purpose of a burn inspection. This permission extends for a maximum time of ten business days after the refuse burn is completed.
Inspections during this period are to be conducted only after notification of the burner.
The WDEQ-AQD does not require persons burning refuse from a household, farmstead or ranch headquarters to sort through the garbage
prior to ignition of the burn. Nevertheless, the intent of this section of the regulation is to allow the burning of typical refuse, not to sanction
burning of prohibited materials. “Prohibited materials” means substances including, but not limited to natural or synthetic rubber products,
including tires; waste petroleum products, such as oil or used oil filters; insulated wire; plastic products, including polyvinyl chloride (“PVC”)
pipe, tubing and connectors; tar, asphalt, asphalt shingles, or tar paper; railroad ties; wood, wood waste, or lumber that is painted or
chemically treated; explosives or ammunition; batteries; hazardous waste products; asbestos or asbestos containing materials; or materials
which cause dense smoke discharges, excluding refuse and flaring associated with oil and gas well testing, completions and well workovers.
Open burners of trade wastes, for salvage operations, for fire hazards, and for firefighting training may burn wastes only when all of the
following conditions are met.
•
Open burners must submit a request to burn and receive approval prior to conducting the burn.
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•
•
•
•
•
•
•
•
One completed Open Burn Request Form is to be submitted for each open burn, with the open burner defining the scope of the burn, to
the appropriate government staff responsible for the geographic area in which the open burn is to occur.
Remove prohibited materials from the material to be burned, due to the dense smoke discharge and toxic air pollutants emitted, or
request approval to burn the prohibited material on the Open Burn Request Form.
Notify the appropriate government staff prior to ignition of each open burn to provide verification that the burn will take place, as well
as information on the burn that enables the staff to respond to public calls/complaints. The following information is required: Open
Burner Contact Information and Location of the Open Burn.
Contact the jurisdictional fire authority(ies) responsible for the geographic area in which the open burn is to occur immediately prior to
burn ignition.
Attend and observe the burn periodically to determine the smoke dispersion, direction and impacts so that corrective action (e.g.,
notifying neighbouring residents and extinguishing the burn) can be taken if necessary.
Comply with all local (city and county), state, and federal laws, regulations and ordinances relating to open burning.
Comply with any restriction on burning issued by the city, county or state.
By conducting an open burn, you shall give permission to appropriate government staff to enter and inspect the burn location for the
purpose of a burn inspection. This permission extends for a maximum time of ten business days after the open burn is completed.
Inspections during this 10-day period are to be conducted only after notification of the open burner.
Vegetative material open burns may only be conducted when all of the following conditions are met.
•
The open burner defines the scope of their vegetative material open burn and ensures that it does not exceed 0.25 tons of PM10
emissions per day. If it will exceed 0.25 tons of PM10 emissions per day, it is a planned burn project subject to the requirements in
WAQSR Chapter 10, Section 4, Smoke Management Requirements.
•
If areas or piles are on contiguous land and will be burned on the same day and by the same open burner, they are considered to be one
open burn.
•
Contact the jurisdictional fire authority(ies) responsible for the geographic area in which the open burn is to occur immediately prior to
burn ignition.
•
Attend and observe the burn periodically to determine the smoke dispersion, direction and impacts so that corrective action (e.g.,
notifying neighboring residents and extinguishing the burn) can be taken if necessary.
•
No burning closer than 500 feet on other property to a neighboring residence, workplace, or other place where people congregate to
minimize the impacts from smoke. The setback requirement does not apply to fenceline and irrigation ditch or canal burns. Waivers may
be requested for the setback requirement in writing and in advance of ignition, outlining the reasons that a waiver is justified.
•
Comply with all local (city and county), state, and federal laws, regulations and ordinances relating to open burning.
•
Comply with any restriction on burning issued by the city, county or state.
•
By conducting an open burn, permission is granted to appropriate government staff to enter and inspect the burn location for the purpose
of a burn inspection. This permission extends for a maximum time of ten business days after the open burn is completed. Inspections
during this 10-day period are to be conducted only after notification of the open burner.
Notable requirements for large-scale vegetation burning (projects of vegetative material that exceed 0.25 tons of PM10 emissions per day and
less than two tons of PM10 emissions per day) as outlined in WAQSR Chapter 10, Section 4, Smoke management requirements:
•
The burner shall only ignite a planned burn project when smoke will disperse from its source. To satisfy this requirement, the burner
shall ignite the planned burn project during the daytime hours, when there is a slight breeze and there is no population within 0.5 mile of
the planned burn project in the downwind trajectory.
•
For all burners whose planned burn project exceeds the thresholds (noted above) and is projected to generate greater than or equal to two
tons of PM10 emissions per day, all of the following shall apply.
o
The burner shall have reviewed smoke management educational material or completed a smoke management training
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program prior to initiating a planned burn project.
The burner shall consider the use of alternatives to burning for each planned burn project, and document the consideration of
such alternatives.
o
The burner shall implement a minimum of one emission reduction technique for each planned burn project. The burner may
request a waiver of this requirement from the Administrator of the Division.
o
The burner shall only ignite a planned burn project when smoke will disperse from its source. To satisfy this requirement, the
burner shall utilize one of the following options: (i) ignite the planned burn project during times when the ventilation
category is “Good” or better; and (ii) ignite the planned burn project during times when the ventilation category is “Fair” if
there is no population within 10 miles of the planned burn project in the downwind trajectory.
o
The burner shall conduct monitoring utilizing all of the following: (i) for each planned burn project, conduct and document
visual monitoring, in accordance with the approved visual monitoring process to determine the dispersion, direction, and
impacts of the smoke; (ii) when there is a population or non-attainment area within 10 miles of the planned burn project in
the downwind trajectory, the burner may, on a case-by-case basis, be required to conduct and document ambient air quality
monitoring; (iii) when there is a Class I Area within 30 miles of the planned burn project in the downwind trajectory, the
burner may, on a case-by-case basis, be required to conduct and document ambient air quality and/or visibility monitoring.
Long-term planning shall be required for the burner and/or land manager whose total planned burn projects in a year are projected to
generate greater than 100 tons of PM10 emissions. The burner and/or land manager shall submit a written report by January 31 every
third year starting in 2005. The written report shall include documentation of all of the following: (i) the long-term burn estimates for the
next three years, including the location, burn area or pile volume, vegetation type, and type of burn for each planned burn project (ii) the
alternatives to burning considered and utilized during the previous three years and planned for the next three years, including the
location and area of treatment(s), the vegetation type(s), and the specific technique(s).
o
•
General Requirements Identified for Open Burning
Contact neighbouring residence(s), workplace(s), or other place(s) where people congregate prior to igniting the open burn.
Conduct burning during the daytime hours between one hour after sunrise and two hours before sunset to minimize the impacts from
smoke.
• Don't burn if the wind direction would cause smoke to blow toward a neighbouring residence, workplace, or other place where people
congregate.
• Don't burn on very calm or cold days, when there is likely to be an atmospheric inversion that will trap smoke near the ground.
• Burn in the morning when the winds are minimal, so smoke will blow away with higher afternoon winds.
• Attend and observe the open burn at all times and take corrective action (e.g., notify those nearby that will be impacted by the smoke
and/or extinguish the burn) if the observed smoke dispersion and direction change causing the smoke to impact a neighboring residence,
workplace, or other place where people congregate.
Bernalillo County Open Burning Guidelines
The following types of open burning are permitted in the unincorporated areas of Bernalillo County without a permit:
•
Dry tumbleweeds in piles no larger than 3’ x 3’
The following types of open burning require a permit from the Bernalillo County Fire and Rescue Department, Fire Prevention Bureau:
•
Campfires, ceremonial or religious fires, and recreational bonfires
The following require a permit from Albuquerque/Bernalillo County Air Quality Control prior to obtaining a permit from the fire department.
•
Agricultural areas in excess of ¼ acre
•
Slash piles (branches, twigs, trees, etc.) cannot be burned.
•
Any other type of burning not listed above.
You are not allowed to burn environmentally poor burning materials such as leaves, grass clippings, green plants, refuse, paper, rubbish,
animal waste, waste oil, interiors of wrecked vehicle bodies, or other materials that are difficult to burn without producing vast amounts of
•
•
Bernalillo/Albequ
erque, NM
Bernalillo
County Fire and
Rescue
(505) 468-1310
Bernalillo County
Open Burning
Guidelines
Title 20
Environmental
Protection, Chapter
11 Albuquerque /
Bernalillo County
Air Quality Control
Board, Part 21 Open
Burning
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noxious and toxic fumes or dense smoke.
Procedures For Burning
•
For campfires, ceremonial or religious fires, and recreational bonfires, you must obtain a permit from the Fire Prevention Bureau
•
You must call the Burn Hotline prior to burning each day. The recording is updated daily.
•
Fire extinguishing equipment must be available at the site of the burn. This may consist of some type of water source, garden hose,
buckets of water, or shovel and dirt.
•
Never use gasoline or any flammable liquid to start the fire. Serious injury, death, or loss of property may result.
•
No burning within fifty (50) feet of any structure, shed, house, commercial building, combustible material, or vegetation.
•
If the wind exceeds 15mph, immediately extinguish the fire completely.
•
Never leave a fire unattended. Extinguish it prior to leaving the area. Soaking the material with water is the best method
•
Burn hours are 11:00am to 3:00pm October 1 through March 31, 6:00am to 5:00pm April 1 through September 30.
•
Open burning is suspended during “no burn periods” of the winter pollution advisory.
•
Bernalillo County Fire and Rescue Department reserves the right to inspect the site to ensure burning is conducted safely.
Title 20 Environmental Protection, Chapter 11 Albuquerque / Bernalillo County Air Quality Control Board, Part 21 Open Burning
•
Open burning on private or public property, including burning of environmentally poor burning substances and vegetative materials, is
prohibited in Bernalillo county unless authorized under Section 13, 14, or 15 of 20.11.21 NMAC. In addition to complying with
20.11.21 NMAC, all open burning shall comply with applicable local fire department requirements.
•
Open burning allowed under Sections 13, 14, or 15 of 20.11.21 NMAC shall be suspended during declared "no burn periods" during the
winter pollution advisory season and/or when an air pollution health alert is issued unless a waiver has been granted.
•
Open burning may be allowed with a permit. Examples of such purposes are:
o
Timber and forest management (single event permit required for burns one-quarter acre through 10 acres in size, or up
to 1000 cubic feet of pile volume per day).
o
Disease control of dead animals and plants
o
Disposal by burning of explosives to avoid hazards of transport or handling
o
Ignition of rocket motors containing more than 4,000 pounds fuel (single event permit required for motors containing
more than 8,000 pounds fuel).
o
Agricultural burning (single event permit required for burns one-quarter acre through 10 acres in size, or up to 1000
cubic feet of pile volume per day).
•
Some types of open burning are allowed without a permit. Examples of these types of burning are:
o
Cooking food not intended for resale: All day
o
Recreational of ceremonial bonfires: All day
o
Dead and dry weed removal on private residential, commercial or industrial property, hot torch weed control on private
residential property, provided that the amount of non-piled vegetative material shall not exceed 10 acres per day. Piled
vegetative material, including material gathered in a pit or open container, shall be no more than 1,000 cubic feet of pile
volume per day. Burning in excess of these daily limits is subject to Smoke Management; Prescribed Burns; Wildfires,
20.11.21.15 NMAC. Time restrictions are: 11 AM to 3 PM October through March, and 6 AM to 5 PM April through
September.
•
Section 20.11.21.15 Smoke Management; Prescribed Burns; Wildfires outlines the requirements for burning more than n 10 acres, or
more than 1,000 cubic feet of pile volume of vegetative material per day. It contains detailed descriptions of the types of allowable
material, time of day, weather conditions…etc.
Alternatives to Burning: burners engaged in PB-II prescribed burns are required to consider the use of alternatives to burning, which include
department-approved alternatives, as well as those listed in this section. An effort will be made by the department to remove administrative
barriers to the utilization of alternatives to burning.
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•
•
•
•
Manual/Handwork – Handwork involves picking up and moving limbs and brush, as well as cutting downed and standing materials
using hand tools or chainsaws. Manual work involves lifting, cutting, and carrying forest materials, and is generally limited to materials
of roughly nine inches or less in diameter. Larger materials can be handled, but efficiency, production rate, and safety decrease rapidly
as size increases. If the fuels requiring treatment exceed the nine-inch-diameter threshold, handwork is not a good option.
o
Cut and scatter – Hand crews cut and scatter material to change the vertical and horizontal continuity of the fuel load.
This technique increases the surface fuel load by redistributing ladder fuels onto the ground surface. It is appropriate
where stand density is generally low and existing surface fuels are shallow.
o
Pile – Cut material is piled, redistributing the fuel load rather than reducing it. Piling can be used in denser stand
conditions than can scattering because the piles can be situated to avoid fuel-loading problems. Drawbacks to piling
include: slower decomposition than when scattered, labor intensive, and dense stand conditions can result in a high
number of piles.
Mechanical treatments– Employ equipment as the primary means of modifying or removing fuels. Generally, treatment areas must be
within one-quarter mile of a road, and have slopes less than 40 percent.
o
Pile – Cut material is piled, redistributing the fuel load rather than reducing it.
o
Fuel modification – Machinery is used to process the material into smaller pieces that can then be redistributed on the
ground surface or removed from the site. Because materials processed in this fashion can be much more densely packed
than materials that are scattered by hand or piled by hand, the available oxygen supply is reduced, thereby inhibiting
spread of fire and flame height.

Masticate/Mow – Mastication involves the processing of standing or downed material where it occurs.
Mastication is more suitable for denser stand conditions than is scattering or piling, and the redistributed fuel
load decomposes more rapidly. It is most appropriate for treating both green and dead ladder fuels and the
higher surface fuels. Mowing is primarily appropriate to treat grassland and light shrub land habitats. Like
mastication, mowing processes the vegetation material on site and in place.

Chip/Grind/Cut – Material is placed into a piece of equipment and discharged, often through a chute.
Because of this feature, material can be processed more selectively and transported off site for either
disposal or utilization. It is the method of choice when biomass utilization is an option.

Crush – Another form of mastication; this technique is useful primarily for shrub land habitats dominated by
brittle species.
o
Tree removal –Numerous approaches to tree removal have been developed as the timber industry has evolved to
operate in a variety of habitats and under myriad political and economic constraints.

Bole removal – This is traditional harvesting. Trees are felled either by hand or mechanically and removed
from the site for processing. Bole removal eliminates the vertical continuity of the fuel load, but increases
surface fuels with the addition of leaf/needle and limb materials. Overall biomass is reduced.

Whole tree yarding – Trees are felled either by hand or mechanically. The entire tree is then brought intact
to a staging area where they are processed. This method removes the vertical continuity of the fuel load,
removes biomass, and adds very little to the surface fuel load. Moreover, the removal of leaf/needle and
limb material is more important than bole removal in the context of fire behavior. Only suitable for trees 918 inches in diameter in order to avoid damage to soil and water quality caused by felling trees greater than
18 inches in diameter.

Cut-to-length logging – Utilizes specialized equipment to cut and process entire trees on site in the forest.
While much of the biomass either remains onsite or must be addressed through secondary treatments, an
important advantage of this technique is its efficacy in treating material of very small diameter.
Chemical – Chemical treatments entail the application of herbicides. Chemical treatments do not remove fuel, but kill existing
vegetation or inhibit growth (i.e. maintenance of defensible fuel profile zones).
Grazing - Involves the use of livestock, primarily cattle and goats, to manage the growth and composition of brush and grasses. While it
is of limited utility in forested habitats, it can be an effective technique in rural residential areas, in the wild land-urban interface, and in
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selected grassland and shrub land habitats.
Emissions Reduction Techniques: Emissions reductions techniques (ERTs) are control strategies that help reduce smoke from prescribed fires.
ERTs are used in conjunction with fire and do not replace fire. In addition to department-approved ERTs, other ERTs are included below.
•
Reducing the area burned.
o
Burn concentrations - Sometimes concentrations of fuels can be burned rather than using fire on 100% of an area requiring
treatment. The fuel loading of the areas burned using this technique tends to be high.
o
Isolate fuels – Large logs, snags, deep pockets of duff, sawdust piles, squirrel middens, or other fuel concentrations that have
the potential to smolder for long periods of time can be isolated from burning. Eliminating these fuels from burning is often
faster, safer, and less costly than mop-up, and allows targeted fuels to remain following the prescribed burn. This can be
accomplished by several techniques including: constructing a fireline around fuels of concern, not lighting individual or
concentrated fuels, using natural barriers or snow, scattering the fuels, and spraying with foam or other fire retardant
material.
o
Mosaic burning – Landscapes often contain a variety of fuel types that are non-continuous and vary in fuel moisture content.
Prescribed fire prescriptions and lighting patterns can be assigned to use this fuel and fuel moisture non-homogeneity to
mimic natural wildfire and create patches of burned and non-burned areas or burn only selected fuels. Areas or fuels that do
not burn do not contribute to emissions.
•
Mechanical treatments – Mechanically removing fuels from a site reduces emissions proportionally to the amount of fuel removed.
Treatments may include but are not limited to the following methods.
o
Firewood sales – Firewood sales may result in sufficient removal of woody debris making on site burning unnecessary. This
technique is particularly effective for piled material where the public has easy access.
o
Whole tree harvesting – Whole trees can be removed through harvesting or thinning techniques and virtually eliminate the
need for burning.
o
Mulch/Chips – Mechanical processing of dead and live vegetation into wood chips or shredded biomass is effective in
reducing emissions if the material is removed from the site or biologically decomposed.
o
Fuel for power generation – Vegetative biomass can be removed and used to provide electricity in regions with cogeneration
facilities.
o
Biomass utilization – Vegetative material can be used for many miscellaneous purposes including pulp for paper,
methanol/ethanol production, wood pellets, garden bedding, furniture, specialty crafts, compost, mulch,
fiberboard/particleboard, etc.
•
Chemical pre-treatments – Broad spectrum and selective herbicides can be used to reduce or remove live vegetation, or alter species
diversity respectively. Herbicides can be applied before burning to kill vegetation, which can create a much drier fuel, which in turn
burns more efficiently.
•
Site conversion – Natural site productively can be decreased by changing the vegetation composition.
•
Land use change – Changing wildlands / shrublands / rangelands / croplands to another land use category may result in elimination of
the need to burn and vice versa.
•
Reduce fuel loading – Some or all of the fuel can be permanently removed from the site, biologically decomposed, and/or prevented
from being produced. Overall, emissions can be reduced when fuel is permanently excluded from burning.
o
Mechanically removing fuel – Mechanically removing fuels from a site reduces emissions proportionally to the amount of
fuel removed.
o
Burn more frequently at low intensity – This method prevents the fuels from building up and causing greater emissions.
o
Schedule burning before green up – Burning in cover types with a grass and/or herbaceous fuel bed component can produce
fewer emissions if burning takes place before these fuels green-up for the year.
o
Under burn before fall leaf drop – When deciduous trees and shrubs drop their leaves, this ground litter contributes extra
volume to the fuel bed.
o
Ungulates – Grazing and browsing live grassy or brushy fuels by sheep, cattle, or goats can reduce fuels prior to burning or
reduce the burn frequency.
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o
Isolating pockets of fuel – See explanation under reducing the area burned.
Reduce fuel consumption – Emission reductions can be achieved when significant amounts of fuel are at or above the moisture of
extinction, and therefore unavailable for combustion.
o
Having high moisture content in non-target fuels – This can result in only the fuels targeted being dry enough to burn.
o
High moisture in large woody fuels – Burning when large-diameter woody fuels (three- plus inch diameter or greater) are wet
can result in lower fuel consumption and less smoldering.
o
Moist litter or duff – The organic layer that forms from decayed and partially decayed material on the forest floor often burns
during the inefficient smoldering phase. Consequently, reducing the consumption of this material can be effective at reducing
emissions.
o
Mass ignition/shortened fire duration/aerial ignition – “Mass” ignition can occur through a combination of dry fine-fuels and
rapid ignition, which can be achieved using a helitorch. The conditions necessary to create a true mass ignition situation
include rapid ignition of a large open area with continuous dry fuels.
o
Burn before large fuels cure – Living trees contain very high internal fuel moistures, which take a number of months to dry
after harvest. If an area can be burned within 3-4 drying months of timber harvest, many of the large fuels will still contain a
significant amount of live fuel moisture.
o
Rapid mop-up – Rapidly extinguishing a fire can reduce fuel consumption and smoldering emissions somewhat, although this
technique is not particularly effective at reducing total emissions and can be expensive.
o
Burn before precipitation – Scheduling a prescribed fire before a precipitation event will often limit the consumption of large
woody material, snags, stumps, and organic ground matter, thus reducing the potential for a long smoldering period and
reducing the average emission actor.
•
Minimizing emissions by minimizing the emission factor – Using burning techniques that create a more efficient burn.
o
Burning fuels in piles or windrows – Keeping piles dry and free of dirt and other debris generates greater heat and therefore,
the piles burn more efficiently. The piles or windrows can be made mechanically or by hand.
o
Utilizing a backing fire – Flaming combustion is cleaner than smoldering combustion. A backing fire takes advantage of this
relationship by causing more fuel consumption to take place in the flaming phase than would occur if a heading fire were
used.
o
Rapid mop-up
o
Mass ignition/shortened fire duration/aerial ignition
o
Dry conditions – Burning under dry conditions increases combustion efficiency and fewer emissions may be produced.
•
Air curtain incinerator (ACI) – Use of an air curtain incinerator improves combustion and reduces emissions by introducing high
velocity air into a combustion environment. As the air continuously rotates in and over the environment, a “curtain” is created over the
fire thus trapping smoke and particulate matter. Constant airflow into and over the combustion environment allows temperatures to
remain high, resulting in relatively complete combustion of all emission products. ACIs can burn a wider variety of materials from green
fuel to red slash and produce lower smoke emissions as compared to pile or broadcast burning. They also reduce risk of an escaped fire
since the fire is contained and can be quickly extinguished if necessary.
Regulation 1.11 Control of Open Burning
No person shall cause, allow, or maintain any open fire except the following:
•
A fire substantially for the cooking of food for non-commercial purposes; however, a fire maintained at a size or duration in excess of
that appropriate for the cooking of food, or a fire for which the cooking of food is an inconsequential activity, shall be considered a
recreational fire. The cooking of food for non-commercial purposes in a device such as a grill, smoker, or cooker shall not be deemed an
open fire subject to this regulation
•
A fire in a fire pit, provided that:
o
only untreated firewood is used as fuel, and
o
the fire is no larger than 3 feet long by 3 feet wide by 3 feet high.
•
A fire determined by the District to be for recreational or ceremonial purposes and approved in writing by the District, provided that:
•
Jefferson County,
KY
Regulation 1.11
Control Of Open
Burning
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a written request, on a form provided by the District, for approval of a recreational or ceremonial fire from the person in
charge of the event is received by the District at least 5 working days before the requested date of the event,
o
only untreated firewood is used as fuel, and
o
the fire is no larger than 5 feet long by 5 feet wide by 5 feet high.
A fire for general agricultural production for weed abatement, disease control, or pest prevention or for recognized silvicultural, range,
native grassland, or wildlife management practices, provided that open burning is necessary and approved for that purpose by the
District, after considering the written recommendation of the Jefferson County Soil and Water Conservation District and the local fire
protection district. No such fire may be set when the forecasted average wind speed is greater than 15 miles per hour during the expected
period of burning,
A fire for controlling a public health hazard, provided that the Louisville Metro Department of Public Health and Wellness has declared
open burning to be necessary for this purpose and has submitted a written notice of this determination to the District,
A fire set for the prevention of a fire or safety hazard, provided that the local fire protection district or the appropriate regulatory agency
having jurisdiction where the hazard exists has declared open burning to be necessary to abate the hazard and has submitted a written
notice of this determination to the District,
A fire, or a series of fires, set for the purpose of bona fide instruction and training of public and industrial employees in the methods of
fighting fires that is approved in writing by the District. A written request, on a form provided by the District, for approval of the fire
training exercise from the official in charge, or a designee of the official in charge, shall be received by the District at least 5 working
days before the date of the first fire,
A fire set for the purpose of debris removal necessitated by natural forces, including, but not limited to, a tornado, very severe
windstorm, or flood, having caused community-wide damage, that, if the fire were prohibited, would place a severe burden on other
disposal methods and that is declared, in writing, to be necessary by the Louisville Metro Mayor and approved in writing by the District.
A written request, on a form provided by the District, for approval of a debris removal fire shall be considered by the District on a caseby-case basis. The visible emissions into the outside air from a fire for this purpose shall not be equal to or greater than 40% opacity, and
A special-case fire, approved in writing by the District on a case-by-case basis. A written request for approval of a special-case fire from
the person in charge of the fire shall, if possible, be received by the District at least 10 working days before the requested date of the fire.
The request shall include an explanation of why the fire is necessary.
o
•
•
•
•
•
•
•
Forsyth County,
NC
Forsyth County
Fire Department
336-703-2550
Chapter 3: Air
Quality Control,
Subchapter 3d - Air
Pollution Control
Requirements,
A fire described above is prohibited on any day designated by the District as an Air Quality Alert Day, except that a fire set for
controlling a public health hazard pursuant may be set if declared necessary by the Louisville Metro Mayor to abate an imminent danger
to human health or safety.
•
Tires, used oil, heavy oil, gasoline, diesel fuel, kerosene, or similar accelerants shall not be used to start or maintain combustion of any
fire.
•
Burn barrels of any sort are prohibited.
•
The District may impose limitations or prohibitions on a fire allowed above, including, but not limited to, the following:
o
The composition and amount of material to be burned, and the frequency of approved fires,
o
The time and day for the burning, including an episodic prohibition of burning based upon the forecasted meteorological or
air quality conditions of a day for which burning is otherwise approved, and
o
Where practical, the location of the fire.
Chapter 3: Air Quality Control, Subchapter 3d - Air Pollution Control Requirements, Section .1900 - Open Burning
The following types of open burning are permissible without a permit:
•
open burning of leaves, tree branches or yard trimmings, excluding logs and stumps, if the following conditions are met:
o
The material burned originates on the premises of private residences and is burned on those premises;
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Section .1900 Open Burning
There are no public pickup services available;
Non-vegetative materials, such as household garbage or other man-made materials are not burned;
The burning is started no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m.
on one day and 8:00 a.m. on the following day;
o
The burning does not create a nuisance; and
o
Material is not burned when the Division of Forest Resources has banned burning for that area;
open burning for land clearing or right-of-way maintenance if the following conditions are met:
o
Prevailing winds at the time of burning are away from any area, including public roads 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;
o
The location of the burning is at least 1,000 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. The Director may
grant exceptions to the setback requirements if:

a signed, written statement waiving objections to the open burning associated with the land clearing operation is
obtained before the open burning begins from all residents or owners of dwellings, commercial or institutional
establishments, or other occupied structures within 1,000 feet of the open burning site, or

an air curtain is utilized at the open burning site;
o
Heavy oils, asphaltic materials such as shingles and other roofing materials, items containing natural or synthetic rubber, or
any materials other than plant growth are not burned. However, kerosene, distillate oil, or diesel fuel may be used to start the
fire;
o
Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no combustible material is added to the fire
between 6:00 p.m. on one day and 8:00 a.m. on the following day, except that, under favorable meteorological conditions,
deviation from these hours of burning may be granted by the Director. The owner or operator of the open burning operation
shall be responsible for obtaining written approval for burning during periods other than those specified in this Part; and
o
No fires are started or vegetation is added to existing fires when the Division of Forest Resources has banned burning for that
area.
camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth
and comfort and which do not create a nuisance and do not use synthetic materials or refuse or salvageable materials for fuel;
fires purposely set to forest lands for forest management practices acceptable to the Division of Forest Resources;
fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or apicultural practices acceptable
to the Department of Agriculture;
fires purposely set for wildlife management practices acceptable to the Wildlife Management Commission;
fires for the disposal of dangerous materials when it is the safest and most practical method of disposal;
fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane, or flood if the Director grants
permission for the burning. The person desiring to do the burning shall document to the Director that there is no other practical method
of disposal of the waste. Factors that the Director shall consider in granting permission for the burning include type, amount, and nature
of combustible substances. The Director shall not grant permission for the burning if the primary purpose of the fire is to dispose of
synthetic materials or refuse or recovery of salvageable materials.
fires purposely set by manufacturers of fire extinguishing materials or equipment, testing laboratories, or other persons, for the purpose
of testing or developing these materials or equipment in accordance with a valid standard qualification program;
fires purposely set for the instruction and training of fire-fighting personnel, including fires at permanent fire-fighting training facilities,
or when conducted under the supervision of or with the cooperation of one or more of the following agencies:
o
o
o
•
•
•
•
•
•
•
•
•
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o
Davidson County,
TN
Brad Needham
(336) 242-2963
Metropolitan Health
Department,
Regulation No. 1:
Prevention,
Abatement and
Control of Air
Control,
Contaminants From
Open Burning
Chapter 10.56.250
Open Burning
the Division of Forest Resources,
the North Carolina Insurance Department,

North Carolina technical institutes, or North Carolina community colleges, including the North Carolina Fire
College, or the North Carolina Rescue College
Air Curtain Destructors
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. Air curtain burners shall comply with the following conditions and stipulations:
•
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;
•
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;
•
No fires shall be started or material added to existing fires when the Division of Forest Resources has banned burning for that area;
•
Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.;
•
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;
•
Except during start-up, visible emissions shall not exceed 5% opacity when averaged over a six-minute period except that one sixminute period with an average opacity of more than five percent but no more than 35% shall be allowed for any one-hour period. During
start-up, the visible emissions shall not exceed 35% 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 startup per day;
•
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;
•
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;
•
Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start the fire; and
•
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.
•
The material to be burned must originate from the land being cleared or the area being maintained.
Metropolitan Health Department, Regulation No. 1: Prevention, Abatement and Control of Air Control, Contaminants From Open
Burning
No person shall cause, suffer, allow or permit open burning except as specifically permitted by this regulation.
Open burning as listed below may be conducted, subject to the specified limitations and provided further that no public nuisance is or will be
created by such open burning. This grant of exemption shall in no way relieve the person responsible for such burning from the consequences
of or the damages or injuries resulting from such burning.
•
Domestic burning of leaves and small tree limbs, less than three inches in diameter, at a residence where collection for such material is
not available. The determination of availability will be made by the Director. Burning of tree limbs cut as a commercial service by tree
surgeons or other persons is prohibited.
•
Ceremonial or recreational fires of reasonable size and duration. Such fires may not contain material such as rubber, plastics or similar
fuse.
•
Fires set for the training and instruction of public or private fire-fighting personnel when approval is received from the Director.
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•
•
Bismarck, ND
Fire Pits/Chimaneas
Safety
Smokeless emergency or safety flares.
Fires used for disposing of materials grown on that tract land, provided the following conditions are met.
o
Burning is done using an air curtain destructor or other approved device, at suitable sites as approved by the Director, when
such devices are operated in a manner satisfactory to the Director, and with a valid permit obtained from the Director.
o
The burning will take place on days and hours designated by the Director. Designated days of burning will always be
tentative, and will be regulated according to weather conditions.
o
Within the jurisdiction of the Fire Marshal for the Metropolitan Government of Nashville and Davidson County, permission
must be obtained indicating that no safety hazard will be created by this burning.
•
Failure to comply with these conditions will result in revocation of the permit.
Chapter 10.56.250 Open Burning
No person shall cause, suffer, allow or permit open burning, except as specifically permitted in this Chapter:
•
Ceremonial or recreational fires of reasonable size and duration; such fires may not contain material such as plastics, rubber or similar
refuse;
•
Fires set for the training and instruction of public or private firefighting personnel when approval is received from the Director;
•
Smokeless or safety flares;
•
Fires used for outdoor cooking where done with equipment or fireplace designed for such purposes and in a manner not offensive to
persons in the vicinity thereof;
•
Fires used for disposing of materials grown on that tract of land, when done with approved device, at sites approved by the Director, and
with a valid permit from the Director;
•
Such other open burning as may be approved by the Director where there is no other practical, safe and lawful method of disposal;
•
Fires used for disposing of leaves, yard clippings and small tree limbs (less than three inches in diameter) grown on land zoned
residential for not more than a single-family or two-family dwelling shall be permitted by the owner of such land without approval of the
Director of Health, provided the property owner has notified the Public Works Department to pick up such material and the Public
Works Department has not picked up such material within thirty days after notification. Provided further, that the requirement of notice
to the Public Works Department shall not be required of property owners in the general services district.
Fire Pits/Chimaneas Safety
All charcoal grills, chimineas, fire pits, and patio heaters are allowed within the city limits. While operating chimineas or fire pits, if the
smoke or odor emission becomes offensive or objectionable, you will be required to extinguish the fire. Outdoor fireplaces, portable outdoor
fireplaces and fire pits, and chimineas must:
•
•
•
•
•
•
•
•
•
•
•
•
Have a total fuel area of three (3) feet or less in diameter and two (2) feet or less in fuel height.
Be placed at least 15 feet from any combustibles.
Have a fire safety plan.
Have a fire extinguisher or water hose available at all times.
Not be placed on wood decks, used on or in enclosed patio decks, or under overhangs.
Not burn garbage, leaves, rubbish, or rotten wood that will smoke.
Use a spark arrestor screen while being used to control sparks and embers when provided with the unit.
Be aware of wind and weather conditions before you use your fire pit/chiminea.
Keep children and pets away.
Do not leave a fire unattended!
Make sure that the fire is out before you leave after you have finished enjoying its use.
Never discard ashes into a combustible container or garbage receptacle. Place them in a metal container first and wet them thoroughly
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with water.
Fire Pit Guidelines
•
Commercially manufactured fire pits that do not exceed 36 inches in diameter with spark arresters are allowed.
•
Fire pits built as a structure as part of the permanent landscape design and do not exceed 36 inches in diameter are allowed. The fire pit
should be lined with fire brick to protect the masonry from cracking and possibly fragmenting from rapid expansion of moisture in the
masonry. Spark arresters should be in place when using the fire pit.
•
By definition a hole dug in the ground and surrounded by rock is classified as a campfire and is not allowed.
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3. International
Introduction
This chapter contains the jurisdictional review table for the United Kingdom and
Australia as it pertains to risk management instruments to mitigate the use/impacts of
open air burning. The full range of risk management instruments were considered for
inclusion in the table, for instance regulations, guidelines, codes of practice, etc. In
addition, information tools (e.g. pamphlets, posters, etc.) were also considered.
Three regulatory tools that impacted open burning in the U.K. were identified, however
much of the legislation regarding open burning is municipal in nature, and municipal
tools were not reviewed. Generally speaking, the regulatory tools identified in the U.K.
were not as robust as those identified for the majority of the jurisdictions reviewed within
North America.
The situation in Australia was somewhat similar, however much of the legislative
responsibility for open burning fell upon the six Australian provinces. Open burning
regulations for the province of South Australia was reviewed, but similar reviews were
not carried out for the other five provinces of Australia.
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Table 3: Summary of U.K. and Australian Risk
Management Instruments Related to Open Air Burning
Jurisdiction Name
United Kingdom
By-law or other
Instrument Name
The Clean Air Act
1993
The Environmental
Protection Act 1990
The Heather and Grass
etc. Burning
Regulations 2007
Provision Details
The Clean Air Act 1993 discusses requirements for chimneys, furnaces, and other indoor burning appliances such as wood stoves. It requires
smokeless coal to be used in smoke control areas, and only allows certain approved appliances to be used for burning. This regulatory tools
does not cover open burning, however the burning of cables to recover metal is an offence under this act.
The Environmental Protection Act 1990 also has some limited impact on open burning. The act allows bonfires (there are no laws regarding
what can be burned in the bonfire and what cannot) as long as those bonfires do not cause a nuisance to neighbours. The Environmental
Protection Act 1990 also allows municipalities to enact laws regarding the burning of straw and stubble etc. on agricultural land.
The Heather and Grass etc. Burning Regulations 2007
The Heather and Grass etc. Burning Regulations 2007 apply specifically to farming, and do not apply to private gardens, allotment gardens or
land clearing for railroads or other utilities/infrastructure purposes. Burning may only be commenced between sunset and sunrise, and
sufficient persons and equipment to control and regulate the fire must be on hand for the entire duration of the burn. Before beginning a burn,
all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land must be taken.
The vegetation covered under this regulation includes heather, rough grass, bracken, gorse or vaccinium. Any reference to “specified
vegetation in this regulation refers to these species. Additionally, burning season in England runs from October 1st to April 15th in the
following year. The following activities are prohibited except under (and in accordance with) a license:
1.
2.
Australia
South Australia Environment
Protection (Burning)
Policy 1994
burn any specified vegetation outside the burning season;
burn, in a burning season, a single area, or two or more areas within 5 metres of each other with a combined area, of more than 0.5
hectares of specified vegetation—
(i)
which has a slope of more than 45 degrees; or
(ii)
where more than half of that area is covered by exposed rock or scree;
3. burn, in a single burn, an area of more than 10 hectares of specified vegetation;
4. burn, in a burning season, specified vegetation in a manner which exposes—
(i)
a single area, or two or more areas within 5 metres of each other with a combined area, of more than 0.5 hectares of
bare soil; or
(ii)
an area of bare soil which—
i. extends more than 25 metres along the bank of a watercourse; and
ii. is more than a metre wide at all points (for a continuous stretch of more than 25 metres), measured from the edge
of the bank of the watercourse;
5. in connection with the burning of specified vegetation, leave soil smouldering for more than 48 hours.
In Australia, the term “open air burning” is rarely utilized, and instead the term “burning off” is more commonly found in their governmental
guidance documents and legislation that refers to conducting outdoor burns. The commonwealth of Australia is formed of six states, and each
of these states have their own legislation in place regarding open burning. Within these states, municipalities also draft their own legislation
regarding burning off.
South Australia - Environment Protection (Burning) Policy 1994
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In general, open burning on non-domestic premises is prohibited without written consent. However, there are several exemptions:
•
•
•
•
•
•
disposal of gaseous wastes;
recreational fires, including barbecuing, picnicking, and scouting or similar outdoor activities;
agricultural purposes occurring outside of certain municipalities (there are likely certain municipalities that have high enough population
densities or high enough fire risks that agricultural burns are not permitted);
firefighting instruction;
the prevention and control of brush fires; and
any purpose on land or premises outside the area of any council.
Domestic burning and burning on streets, roads or laneways is permitted under some circumstances, however the following conditions apply:
1.
2.
3.
4.
5.
A person must not cause or permit the burning on any domestic premises of wood treated with copper-chrome-arsenate or other
chemical preservatives.
A person must not cause or permit the burning of matter by a fire in the open on any street, road or laneway
A person must not cause or permit the burning of matter by a fire in the open or in a domestic incinerator—
a.
on any domestic premises situated within a council area or portion of a council area referred to in Schedule 1; or
b. on any other domestic premises except between the hours of 10.00am and 3.00pm on Monday to Saturday (inclusive).
A person must not cause or permit the burning of matter, other than dry paper, dry cardboard, dry wood or dried gardening prunings, on
any domestic premises
Subclauses (3) and (4) do not apply to—
a.
any fire within a dwelling; or
b. any fire used principally for the preparation of food or beverages or the heating of a potable liquid; or
c.
the burning of charcoal within a brazier principally for the purpose of heating an area used for outdoor entertainment; or
d. burning off by a person for the purpose of reducing the hazard of bushfires, provided that—
i. the Authority or another administering agency, or a council or council officer as delegate of the Authority, has
permitted the burning-off by notice in writing, or by notice published in a newspaper or other publication relating
to burning-off in the area concerned, and the person complies with the conditions to which the permission is
subject; or
ii. the person has a permit under the Fires and Emergency Services Act 2005 to carry out the burning-off.
The policy has other information on the length of time a permit can be granted for, and how prosecution of offences is to take place, but these
elements of the act are not discussed in this review. Please also note that the Fire and Emergency Services Act 2005 discussed above
establishes the structure of fire services in Australia, including workforce plans, staff, committees and other factors. It will not be discussed in
this review.
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