Outdoor Burning in Texas, RG-049

1 Outdoor Burning in Texas Field Operations Texas Commission on Environmental Quality ---- ---- ~. RG-049 . Revised February 2015 - . TCEQ. ii1SI. Texas Commission on Environmental Quality Bryan W. Shaw, , , Chairman Toby Baker, Commissioner Zak Covar, Commissioner Richard A. Hyde, , Executive Director We authorize you to use or reproduce any original material contained in this publication that is, any material we did not obtain from other sources. Please acknowledge the TCEQ as your source. Copies of this publication are available for public use through the Texas State Library, other state depository libraries, and the TCEQ Library, in compliance with state depository law. For more information on TCEQ publications call 512-239-0028 or visit our website at: Published and distributed by the Texas Commission on Environmental Quality Box 13087. Austin TX 78711-3087. How is our customer service? The TCEQ is an equal opportunity employer. The agency does not allow discrimination on the basis of race, color, religion, national origin, sex, dis- ability, age, sexual orientation or veteran status.

2 In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512-239-0028, Fax 512-239-4488, or 1-800-RELAY-TX (TDD), or by writing Box 13087, Austin, TX 78711-3087. Field Operations Texas Commission on Environmental Quality O U T D O O R B U R N I N G I N T E X A S.. Contents Introduction 5. Limitations of This Guide 5. The Outdoor Burning Rule Explained 5. Summary of the Rule 5. Exceptions to the Prohibition 6. Firefghter Training 6. Fires for Recreation, Ceremonies, Cooking, or Warmth 7. Fires for Disposal or Land clearing 7. Prescribed Burns 10. Pipeline Breaks and Oil Spills 10. Other Situations 11. General Requirements for Burning 11. Practical Alternatives to Burning 12. Related TCEQ Publications 12. Appendix A: Outdoor Burning . When Should You Notify the TCEQ? 13. Appendix B: TCEQ Areas and Regional Offces 14. Appendix C: Outdoor Burning Rule 16. Appendix D: Background 20. Appendix E: Arson Resources and Contact Information 22.

3 Printed on recycled paper using vegetable-based ink. 4. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. O U T D O O R B U R N I N G I N T E X A S. Introduction Numerous authorities, including the National Weather Service and the Texas A&M Forest Service, may issue adviso- T. his guide helps interpret the revised Outdoor ries, watches, or warnings when weather and fuel conditions Burning Rule, Title 30, Texas Administrative Code, increase the risk of escaped fres or the severity of wildfres. Sections 221,1 for the general public, the Public cooperation during the dangerous wildfre conditions regulated community, and responsible state and local offcials. is essential to prevent needless wildfres and the losses they This document covers all aspects of the Outdoor Burning may cause. rule, including: exceptions that allow Outdoor Burning general requirements for allowing Outdoor Burning The Outdoor Burning notifcation requirements for allowable Outdoor Burning Rule Explained At the end of various sections, common questions relat- The current version of the Outdoor Burning Rule is the ing to the material in the section are answered.

4 Result of a concerted effort to produce a streamlined, un- State and local offcials may fnd Appendixes C and D to ambiguous rule that can be applied consistently and fairly be particularly useful. They contain a copy of the rule itself throughout Texas. Its purpose is to protect the environment, and background information for each of its sections. promote public health and safety, and avoid nuisance condi- This guide is not a substitute for the actual rule. A. tions through the sensible regulation of Outdoor Burning . current copy of the rule can be obtained from the TCEQ by calling 512-239-0028, or online at < >. Summary of the Rule Limitations of This Guide The Outdoor Burning Rule frst prohibits Outdoor Burning anywhere in Texas, and then allows exceptions for specifc This document does not include requirements of other situations in which Burning is necessary or does not pose a government agencies. Local ordinances and governmental threat to the environment. The rule also prescribes condi- entities may restrict when, where, how, and if individuals and organizations can conduct Outdoor Burning .

5 Tions that must be met to protect the environment and avoid Some municipalities have enacted local ordinances that other adverse impacts when Burning is allowed. If Burning prohibit or restrict Outdoor fres within their corporate limits. seems necessary, but the situation does not ft an exception Residents should always check with municipal offcials about stated in the rule, then it is possible to request a special au- possible limitations on Outdoor Burning so they do not unin- thorization to conduct Burning from the TCEQ. tentionally violate an existing ordinance. During extreme fre danger, governmental units may ban How do I obtain a Burning Outdoor Burning to help prevent possibly disastrous wildfres. permit from the TCEQ? A county judge and county commissioners' court may issue a The TCEQ does not issue Burning permits. Outdoor ban on Outdoor Burning that is applicable to unincorporated portions of the county. Burning in general is prohibited in Texas, although the In addition, Texas criminal statutes specify penalties that Outdoor Burning Rule (Appendix C) does allow certain pertain to escaped control fres and wildland fres that were exceptions.

6 If your situation fts all requirements for one deliberately set. Persons responsible for escaped control or of the exceptions described in the rule, you may conduct arson wildfres may also be faced with civil suits for damages Outdoor Burning , as long as you comply with all the condi- caused by these fres. tions. Depending on the circumstances, you may also need authorization from the appropriate regional offce before you 1. In this document, 30 TAC 111 is short for Title 30, burn. Remember to check local ordinances or other regula- Texas Administrative Code, Chapter 111. tions about Burning . TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. 5. O U T D O O R B U R N I N G I N T E X A S.. It looks like I can get the TCEQ's authorization general requirements outlined later in this document. It may to burn, but my neighbors may complain. be necessary to notify the TCEQ, local governmental agen- Do I have to worry about what they think? cies, and neighbors before conducting Burning under one of these exceptions.

7 See Appendix A for details on notifca- Yes. In addition to common courtesy, the Outdoor Burn- tion requirements in specifc situations. There may be local ing Rule requires that certain kinds of Burning be conducted ordinances or county burn bans that regulate Burning ; if so, downwind of, or at least 300 feet from, any structure con- the requirements and restrictions of those ordinances must taining sensitive receptors (for example, a residence, business, also be met. barn, or greenhouse; see box, page 8) located on adjacent properties unless written approval is obtained beforehand Firefghter Training from the owner or occupant the one who will suffer ad- verse effects of the adjacent or downwind property. Also, Organizations that train frefghters may obtain authoriza- the Burning must not cause a nuisance or traffc hazard. tion to conduct Outdoor Burning for such training, including training in the operation of fre extinguishers. To obtain an The rule authorizes (or the TCEQ has authorization, the organization responsible for the training authorized) my Outdoor Burning .

8 Must send a written request to the local air pollution control Before I actually set the fre, do I have agency under contract with the TCEQ, or, if there is no such to notify the TCEQ? agency, the appropriate TCEQ regional offce. For a list of regional offces, see Appendix B. It depends. For certain types of Burning , the rule requires If training occurs regularly at a dedicated facility, it may you to notify the appropriate TCEQ regional offce. For be possible to inform the regional offce of all such training others, you are not required to notify the TCEQ. But, before events with one annual written notifcation. If a dedicated you strike that match, remember that you may have to training facility conducts training regularly but less often contact other agencies or even your neighbors as well as than once a week, a telephone or fax notifcation will be the TCEQ. See Appendix A for the notifcation requirements necessary 24 hours in advance of each event. for the various kinds of Burning covered under the rule.

9 Burning conducted to train frefghters does not have to Up-to-date information regarding weather conditions can be conform to the general requirements for other forms of al- obtained online through a number of websites. This informa- lowable Outdoor Burning , but it must not cause a nuisance or tion should be referenced before conducting Outdoor burn- traffc hazard. The TCEQ may revoke its authorization if it ing in order to determine which way (and how fast) the wind is used in an attempt to avoid complying with other portions is blowing, whether winds are expected to shift, whether of the Outdoor Burning Rule. your area is under a temperature inversion, and whether high ozone levels are forecast. Ozone level information is available We want to conduct fre training for on TCEQ's Texas Air Quality Forecast page: < our volunteer fre department. >. Can we burn this abandoned house? How do I report someone who is The training of frefghters may be authorized as an excep- illegally Burning outdoors?

10 Tion to the prohibition on Outdoor Burning . Submit a writ- ten request on behalf of the VFD to the local air pollution . Report the Burning to the local air pollution control control agency, or, if there is no local agency, the TCEQ of- offce, or the nearest TCEQ regional offce. The TCEQ's fce for your region. The TCEQ may authorize such training Environmental Complaint Hotline is 888-777-3186. Com- orally or in writing; if it denies the request, your VFD will plaints can also be submitted by e-mail at receive a notice of denial within 10 working days after the > or using the online form available at < postmark date or the date of personal delivery of the request >. to the regional offce. To ensure that the fre will not form or disperse toxic substances, the local air pollution control Exceptions to the Prohibition agency or the reviewing TCEQ regional offce may require The standard exceptions, explained below, cover the most that the building be stripped of many common construction common situations in which Burning is an acceptable prac- materials including electrical wiring, lead fashing, carpet, tice.