Back away from that burn barrel

New York DEC to institute new statewide regulation on open burning

By SANDY LONG

STATE OF NEW YORK — The days of burning residential trash in backyard barrels will soon be little more than a smoldering memory when New York State implements a new regulation targeting open burning.

While some have clung stubbornly to the practice of burning household trash, others have called for changes to the air-contaminating practice.

According to the United States Environmental Protection Agency (EPA), current research indicates that backyard burning of common household items can increase the risk of heart disease, aggravate respiratory ailments like asthma and emphysema, and cause rashes, nausea or headaches. It also produces harmful quantities of dioxins, a group of highly toxic chemicals that settle on crops and in waterways where they eventually wind up in food and affect human health.

Dioxins are classified as persistent, bioaccumulative and toxic pollutants (PBTs) that enter the food chain, remain in the environment for long periods of time and concentrate their levels as they move up the food chain. When plastics, synthetics and Styrofoam are burned at lower heat levels, such as those occurring in burn barrels, dioxins are created and dispersed across the area where the smoke drifts.

A study by the NYS Department of Health, the DEC and the EPA measured the types and amounts of chemicals in the smoke from burn barrels. It showed that “smoke from burning trash in a barrel contains particulate matter, carbon monoxide, hydrogen chloride, hydrogen cyanide, benzene, styrene, formaldehyde, arsenic, lead, chromium, benzo(a)pyrene, dioxins, furans and PCBs.”

Open burning of residential wastes in any New York city, village or town with a population of 20,000 or more has been prohibited since 1972. But the practice has been permitted in areas with lower populations until now.

The DEC moved to expand the prohibition to all communities after holding meetings to receive input from stakeholders and state agencies. A proposal was released in May 2008 and was followed up with public hearings and an extended public comment period. Approximately 1,800 comments were reviewed by the DEC.

As a result of public comments, modifications were made to the original proposal (which was to ban open burning completely statewide with very few exceptions). The new rule includes an exemption for burning of tree limbs and branches in smaller municipalities during certain times of the year (see sidebar).

According to DEC spokesperson Lori Severino, the regulation was officially filed with the Department of State on September 14 and will become effective on October 14. Visit http://www.dos.state.ny.us/info/register/2009/may27/pdfs/rules.pdf to view the official Notice of Revised Rulemaking for Open Burning, beginning on page two.

The regulation will be enforced by the DEC on a case-by-case basis and enforcement action can be taken criminally and civilly, noted Severino. The general penalty section specifies a fine range of $375 to $15,000 for a first offense.

Suspected violations in Sullivan County should be reported to the DEC Region 3 office in New Paltz at 845/256-3033. If necessary, an Environmental Conservation Officer or Forest Ranger will visit the site in question to investigate.

Town of Tusten Code Enforcement Officer David Sparling said that once the regulation is in place, the current practice of applying for a permit to burn within the town will cease. Alternatives to backyard burning include these practices: reduce, reuse, recycle and compost. Visit www.epa.gov/msw/backyard for additional suggestions on community alternatives.

WHAT TO KNOW

The new regulation bans all open burning except for the following:

• On-site burning of limbs and branches between May 15 and the following March 15 in any town with a total population less than 20,000.

• Barbecue grills, maple sugar arches and similar outdoor cooking devices.

• Small cooking and campfires.

• On-site burning of organic agricultural wastes, but not pesticides, plastics or other non-organic material.

• Liquid petroleum fueled smudge pots to prevent frost damage to crops.

• Ceremonial or celebratory bonfires.

• Disposal of a flag or religious item.

• Burning on an emergency basis of explosive or other dangerous or contraband by police, etc.

• Prescribed burns performed according to state regulations.

• Fire training with some restrictions on the use of acquired structures.

• Individual open fires to control plant and animal disease outbreaks as approved by DEC upon the request of the Commissioner of Agriculture and Markets.

• Open fires as necessary to control invasive plant and insect species.