Open Burning

Learn Before You Burn

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it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing.

Help reduce air pollution in Tennessee by avoiding outdoor burning.

Prescribed Fires

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Prescribed fire is an important land management tool with many benefits.  Prescribed fire can reduce the overall size of a future wildfire and the associated smoke emissions and smoke-related health impacts, as well as benefit the safety of the public, the environment, and the economy of Tennessee.  The use of prescribed fire does create smoke which contains particulate matter, ozone precursors, and other air contaminants.  To minimize the public health and environmental impacts of smoke from prescribed burning, the Division of Air Pollution Control recommends employment of the appropriate Basic Smoke Management Practices (BSMP) by anyone utilizing prescribed fire. 

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

Basic Smoke Management Practice Benefit achieved with the BSMP When the BSMP is applied - before/during/after the burn
Evaluate Smoke Dispersion Conditions Minimize smoke impacts Before, During, After
Monitor Effects on Air Quality Be aware of where the smoke is going and the degree to which it impacts air quality Before, During, After
Recordkeeping/Maintain a Burn/Smoke Journal Retain information about the weather, burn, and smoke. If air quality problems occur, documentation helps analyze and address air regulatory issues. Before, During, After
Communication - Public Notification Notify neighbors and those potentially impacted by smoke, especially sensitive receptors Before, During
Consider Emission Reduction Techniques Reducing emissions through mechanisms such as reducing fuel loading can reduce downwind impacts Before, During, After
Share the Airshed - Coordination of Area Burning Coordinate multiple burns in the area to manage exposure of the public to smoke Before, During, After

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.

For more information about

Open Burning of Natural Disaster Debris

Guidelines for Open Burning of Natural Disaster Debris

The Tennessee Department of Environment and Conservation, Division of Air Pollution Control open burning regulations include an exception for anyone conducting open burning of materials resulting only from a natural disaster. Such open burning is subject to certain conditions found at Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-.04(l). Persons planning to open burn natural disaster debris should refer the Division’s Post Natural Disaster Debris Management Guidance. An overview of the requirements and additional resources follow below.

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.  

Additional approval processes may be required by other agencies, including, but not limited to:

Be aware of health and environmental hazards associated with asbestos from buildings that are damaged due to a natural disaster. There are Federal and State regulations that may apply to some building renovation and demolition activities. Please refer to the Demolition Guidance for Structurally Unsound Buildings or contact the Asbestos NESHAP Program at 615-532-6828 or Asbestos.NESHAP.Program@tn.gov for further information.

Guidance for Debris Management following a natural disaster:

Incineration of Natural Disaster Debris

Guidelines for Incinerating Natural Disaster Debris

The Tennessee Department of Environment and Conservation, Division of Air Pollution Control regulations include an exemption for temporary-use air curtain destructors (ACD) or temporary-use air curtain incinerators (ACI) used for disaster recovery. The ACD or ACI must follow certain conditions outlined in TAPCR Chapter 1200-03-09, as well as federal requirements in order to qualify. Persons planning to use an ACD or ACI for disposal of natural disaster debris should refer to the Division’s Post Natural Disaster Debris Management Guidance . An overview of the requirements and additional resources follow below:

  • 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.
  • The ACD or ACI shall only be used to combust debris in an area where a local or State government, or the President, has declared a State of Emergency under the authority of the Stafford Act, because an emergency or a major disaster has occurred in the area.
  • The Division recommends that ACDs or ACIs not be sited near an active school, nursing home, hospital, or daycare where sensitive populations may be present or reside.
  • Persons using temporary-use ACDs or temporary-use ACIs under this provision must make a reasonable effort to remove all tires and other rubber products, batteries, vinyl shingles and siding, vinyl flooring, carpet, other plastics, asphalt shingles and other asphalt roofing materials, and/or asbestos containing materials from the materials to be burned before ignition. Recycling or other disposal options for these materials should be pursued.
  • Persons responsible for such burning must notify the Division of the proposed location. The notification must be delivered to the Division at the appropriate regional Environmental Field Office at least three (3) days prior to commencing the burn.
  • The alternative use of chippers and grinders, landfilling, or on-site burial of waste in lieu of burning, if lawful and practicable, is encouraged.
  • Disposal via temporary-use ACDs or temporary-use ACIs conducted under this exception is only allowed where no other safe and/or practical means of disposal is available.
  • The Technical Secretary reserves the right to require a person to cease or limit burning if emissions from the ACD or ACIs are deemed by the Technical Secretary or her 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.

ACDs and ACIs are also regulated at the federal level. Federal regulations at 40 CFR 60, Subparts EEEE and FFFF contain exemptions for ACIs used in disaster recovery operations. The incineration unit is excluded if it is used on a temporary basis to combust debris from a disaster or emergency such as a tornado, hurricane, flood, ice storm, high winds, or act of bioterrorism and you comply with certain requirements, including a notification to EPA if the ACD or ACI will operate for more than 8 weeks within the boundaries of the same emergency or disaster declaration area.

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

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

The Division will conduct a site evaluation of the proposed incineration 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.

Incineration 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.

Additional approval processes may be required by other agencies, including, but not limited to:

Be aware of health and environmental hazards associated with asbestos from buildings that are damaged due to a natural disaster. There are Federal and State regulations that may apply to some building renovation and demolition activities. Please refer to the Demolition Guidance for Structurally Unsound Buildings or contact the Asbestos NESHAP Program at 615-532-6828 or Asbestos.NESHAP.Program@tn.gov for further information.

Guidance for Debris Management following a natural disaster:

Live Fire Training Requirements

The Tennessee Department of Environment and Conservation, Division of Air Pollution Control open burning regulations include an exception for fires set by, or at the direction of, responsible fire control persons solely for training purposes. Such open burning is subject to certain conditions found at Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-04.

When a structure is considered for live fire training, the DAPC recommends that the Fire Control Agency complete the following steps in the order that they appear:

1. Complete a thorough asbestos inspection on the acquired structure.

2. If fire training will proceed, submit the intent to demolish notification to the Division.  Remember, the notification must be submitted no fewer than ten (10) working days prior to beginning demolition activities regardless of if asbestos is present. Notification forms (CN-1055) are available and may be submitted electronically to  Asbestos.NESHAP.Program@tn.gov.

3. Remove all asbestos containing material in accordance with Federal, State, and Local requirements. 

4. Remove all vinyl siding, carpet, vinyl flooring, asphalt roofing materials, and any other materials expressly prohibited in Rule 1200-03-04-.03. Note that 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 do not have to be removed. 

5. Submit the certification required by Rule 1200-03-04-.04(1)(c) to the DAPC at the appropriate regional TDEC Field Office at least ten (10) working days prior to commencing the burn.  DAPC staff will contact you to schedule a site visit after your certification has been received.  The proposed structure will be evaluated for compliance with the requirements of the Rule. 

Fire Departments located in Davidson, Hamilton, Knox, and Shelby counties should contact their local air pollution control program before conducting fire training exercises:

General questions related to asbestos identification and removal should be directed to the DAPC NESHAP Program at 615-532-6828.  Questions related to the disposal of demolition debris, including asbestos containing material, should be directed to the TDEC Division of Solid Waste Management at 615-532-0780 or Solid.Waste@tn.gov.