Open Burning

Know that burning trash outdoors is:

• Harmful to the air we breathe
• Unhealthy for our neighbors - near and far
• Unsafe
• Often Unnecessary

Know there are other options instead of outdoor burning:

• Recycling
• Composting

• Tires and other rubber products
• Vinyl siding and vinyl shingles
• Plastics and other synthetic materials
• Paper products, cardboard and newspaper
• Asphalt shingles, and other asphalt roofing materials and demolition debris
• Asbestos-containing materials
• Paints, household and agricultural chemicals
• Aerosol cans and food cans
• Building material and construction debris
• Buildings and mobile homes
• Coated wire
• Household trash
• Most vegetation not grown on site

It may be okay to burn leaves, branches, tree limbs, twigs, lawn clippings, woody vegetation, yard trimmings, clean unpainted, uncoated wood or untreated lumber. Check your local and/or other state ordinances. Improper out-door burning can lead to fines up to $25,000.

While Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-04 include an exception for the open burning of wood waste solely for disposition, such burning may be subject to the requirements of Tenn. Code Ann. § 68-201-115(c) which specifies that open burning of wood waste within two hundred feet (200′) of an occupied building by any person other than an occupant of the building shall only be conducted as follows:

(A) At least one (1) person shall be constantly present at the burning during the entire time of the burn;

(B) Each burn shall not exceed forty-eight (48) hours in duration;

(C) Burning shall not occur more than twice in any thirty-day period;  and

(D) If the burning occurs within one hundred feet (100′) of an occupied building, it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing.

BSMP are defined as those practices included in Table 1 (below) to 40 CFR 50.14:

In September 2016, the Environmental Protection Agency finalized revisions to the Exceptional Events Rule to establish criteria and procedures for use in determining if air quality monitoring data has been influenced by exceptional events.  The Exceptional Events Rule contains provisions for States to make exceptional events demonstrations for prescribed fires that cause a specific air pollution concentration in excess of one or more national ambient air quality standards at a particular air quality monitoring location.   

The Exceptional Events Rule specifies criteria which must be met for the State to make an exceptional event demonstration.  To help meet these criteria, the Tennessee Department of Environment and Conservation and the Department of Agriculture, Division of Forestry (Forestry) have an agreement to follow the BSMP specified in Table 1 to 40 CFR 50.14 as well as other notification, education, and outreach guidelines.  This Memorandum of Understanding   marks an important partnership between the State’s air quality and forestry authorities to support the use of prescribed fire as an important land management tool while taking necessary precautions to minimize impacts on air quality.

Everyone must comply with the listed basic conditions which include, but are not limited to:

• Making a reasonable effort to remove all expressly prohibited materials from the natural disaster remains before ignition. Expressly prohibited materials include tires and other rubber products, vinyl shingles and siding, other plastics, asphalt shingles and other asphalt roofing materials, and/or asbestos containing materials
• Ensuring that a traffic hazard will not be caused by the air contaminants generated by the fire
• Refraining from igniting a fire while any pollution emergency episode is in effect in the area of the burn.  (Visit     AirNow.Gov for current air quality conditions.)
• Ensuring that no other safe and/or practical means of disposal is available

If a governmental collective burn site for disposing of structural and household materials and/or vegetation damaged by a natural disaster is planned, a 3-day advance notice must be made to the Division prior to the burn.  This notification may be made either verbally or in writing and must be delivered to the Division at the appropriate regional Environmental Field Office.

A government should only propose collective burn locations that will have minimal impact on public health and safety. For example, stay away from homes and congested areas, schools, hospitals, highways, etc.

Air Pollution Control staff will respond to each notification in a timely manner and obtain the following information:

1. Person responsible for proposed burning and their address/phone/email
2. Site contact person for proposed burning and their address/phone/email
3. Specific address of burn site (Map and Parcel numbers if no 911 address is available)
4. Coordinates of burn site (Latitude/Longitude)
5. Projected start date of burn
6. Projected end date of burn
7. Description of material to be burned

The Division will conduct a site evaluation of the proposed burn site and respond in writing for  the entity’s records. If the location is unsuitable, the Division will evaluate any proposed alternate sites for suitability.

Open burning conducted under this exception is only allowed where no other safe and/or practical means of disposal is available.  The alternative use of chippers and grinders, landfilling, or on-site burial of waste in lieu of burning, if lawful, is encouraged.  

It is important to note that the receipt of a concurrence letter from the Division of Air Pollution Control is based on compliance with TAPCR 1200-03-04(l).

Additional approval processes may be required by other Divisions of TDEC, including, but not limited to, the Division of Water Resources and the Division of Solid Waste Management.  In order to help ensure that all applicable TDEC regulations are met, governments should contact these Divisions prior to beginning any operations at a collective site.