Open Burning

Open burning involves burning any material or substance, including garbage, wastepaper, wood, vegetable material, or other flammable material, in the ambient air or any open premises such as a public street, alley, or other land adjacent to such premises. Burning in a receptacle where emissions are released directly to the air without passing through [Page 629]a chimney or smokestack is also considered a type of this process. Usually, any lighting of a fire outdoors is considered open burning.

Open burning laws are usually regulated at the country level. In most countries, including the United States, there are further regulations at the state and local levels. In order to promote efficient burning and reduction of smoke emissions, it is helpful to assure that all material is dried to the greatest extent practicable. Piles should be built as tall as they are wide. As a pile burns down, it is important to move unburned and smoldering material from the perimeter of the pile to the center of the fire. It is also helpful to burn on days with moderate winds or during heavy snowfall, as this provides good smoke dispersal.

In the United States, businesses and residents must obtain the appropriate permits before conducting any open burning activities. Fires used for noncommercial cooking of food, for instructional training or recreational purposes, safety flares used to indicate danger, and agricultural open burning activities usually do not require governmental permits.

Agricultural open burning involves the burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, maintenance of water conveyance structures related to agricultural operations, and other agricultural cultivation purposes. Open burning of animal parts or carcasses is typically not considered agricultural burning, except if the state Agricultural Commission declares a public emergency that requires the burning of diseased animal carcasses. Similarly, open burning of household garbage, wood, and yard debris on agricultural land is typically not considered agricultural burning and is not exempt from state permitting requirements.

The types of open burning that are strictly prohibited include burning of material that contains plastic, rubber, tires, insulated wire, motor oil, aerosol cans, hazardous or toxic materials, or materials that produce large amounts of smoke and particulates. Open burning causes air pollution and poses the risk of serious health problems, obscured visibility, damaged surfaces, and noxious odors. Even burning wood and vegetative products can produce several harmful chemicals like carbon monoxide, hydrocarbons, formaldehyde, and dioxin.

With an appropriate permit, specific types of open burning are permissible, including burning of yard waste that does not include salvageable wood or tree stumps and burning of slash piles. On the other hand, the types of open burning that [Page 630]are strictly prohibited include burning of material that contains food wastes, plastic, coated or treated wood products, rubber, insulation, tires, car bodies, insulated wire, motor oil, aerosol cans, hazardous or toxic materials, or other materials that produce substantial amounts of smoke and particulates.

Most states consider several factors when issuing an open burn permit. They look at whether or not a practical alternative for the disposal of the material is available. They also consider the potential contribution of the proposed burn to air pollution. Another issue is the potential impact from the smoke on the health and welfare of the public. The permit-issuing authorities usually like a guarantee that no public nuisance will be created and that no occupied buildings will be impacted by air contaminants from the burning. The location and proximity of the proposed burn to other structures is also considered, as are the meteorological conditions on the day of the proposed burn. No traffic hazards should be created, and the burning must be attended and supervised at all times. Finally, compliance with fire protection and safety regulations is also required.

...