Why is this rule important?
Open burning releases many toxic chemicals into the air, including dioxins. Dioxins can cause many health problems, such as cancer. Outdoor garbage fires are the nation's leading source of dioxin.
Smoke from open burning also contains pollutants such as particulate matter, sulfur dioxide, lead, and mercury. These pollutants can increase cases of asthma, emphysema, and other respiratory diseases.
The EPA’s goal is to reduce this kind of air pollution by eliminating opening burning where other disposal methods are available and practical. If other disposal methods are not available, the EPA encourages using burning methods that have the least impact on human health and the environment.
To whom does this rule apply?
This rule is for each of the 39 Indian reservations in Idaho, Oregon, and Washington specified in the FARR. The rule applies to anyone who conducts open burning within one of these reservations. The rule also applies to the owner of the property where open burning takes place. The rule applies to all open burning activities except the ones listed below.
The rule does not apply to the following activities:
- Outdoor fires set for cultural or traditional purposes
- Fires set inside structures such as sweat houses or lodges for cultural or traditional purposes
- Campfires or other fires set for recreational purposes as long as no banned materials are burned, and no burn ban has been issued.
What are the requirements of this rule?
These materials can be open-burned:
- Paper, paper products, or cardboard used to start a fire
- Paper, paper products, or cardboard that is produced at a single-family residence or at a building with four or fewer apartments or housing units
- Yard clippings, brush, and other vegetation.
These materials cannot be open-burned:
- Garbage, dead animals, or parts of dead animals
- Junk motor vehicles or salvage operation parts and materials
- Tires or rubber materials and products
- Plastics, plastic products, and Styrofoam
- Asphalt or roofing (shingles) or any other material or product that contains asphalt
- Tar, tarpaper, petroleum products (including oil, gas, and grease), and paint
- Paper, paper products, or cardboard not used to start a fire; not produced at a single family residence; or not produced at a building with four or fewer apartments or housing units
- Treated lumber and timbers
- Construction waste or demolition waste
- Chemical insect and pest killers, weed and plant killers, fertilizers, or other chemicals
- Insulated or coated wire, batteries, and light bulbs
- Materials that have mercury, such as thermometers
- Asbestos or material that contains asbestos
- Waste that can cause disease
- Hazardous waste
- Any material that makes dense smoke or strong fumes when burned.
Burn Bans for Air Quality
Under this rule, EPA can declare a burn ban whenever air quality concentrations approach, or are predicted to approach, the health standards for particulate matter. EPA can also declare a burn ban under the “Air Pollution Episodes” rule when air quality degrades to levels that are unhealthful.
During a burn ban, open burning is not allowed.
When a burn ban is declared, the open burn must be put out immediately or allowed to burn down.
However, fires set for traditional or cultural purposes are allowed during a burn ban.
What is the best way to burn allowed materials?
- Material that is burned during open burning must be kept as dry as possible.
- Materials that will not burn must be separated from the material to be burned as much as possible.
- During open burning, a natural or artificial draft (moving air) must be present.
- The material being burned must be kept off the grass or peat layer when possible.
- The fire must not be allowed to smolder (burn slowly with no flame).
When does this rule take effect?
This rule is effective June 7, 2005. The final rule was published in the Federal Register on April 8, 2005 (67 FR 18074).
Training Fires for Fire Protection Services
The Federal Air Rules for Reservations (FARR) General Open Burning Rule 40.131 allows Fire Protection Services to request permission from the Regional Administrator to conduct an outdoor burn used by qualified personnel to train firefighters in the methods of fire suppression and fire fighting techniques, provided that the provisions of the rule are followed. Visit FARR Training Fires for Fire Protection Services to learn more.
How can I get more information or educational materials?
Please call the FARR Hotline at 1-800-424-4EPA or Anne Dalrymple at 206.553.6313 for more information or outreach materials.
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