Proposed Changes to the Open Burning Smoke Control Regulation
The Ministry of Environment intends to review and revise the Open Burning Smoke Control Regulation (OBSCR) under the Environmental Management Act (EMA). The review process supports the ministry's commitment to continuous improvement and to regularly review regulations in order to revise provisions as appropriate.
The Open Burning Smoke Control Regulation governs burning of vegetative material associated with a range of activities, including land clearing and forestry-related resource management. It sets out the conditions under which the open burning of vegetative debris can be authorized. This regulation has not been substantively revised since the regulation was enacted in 1993.
A revised regulation will support the ministry’s primary objective of reducing or minimizing impacts to human health, as well as related objectives such as enabling and encouraging compliance, minimizing undue costs, and promoting equity and consistency.
Summary of Public Comment
The intentions paper for the regulation was posted in May 2008. Comments were solicited for a period of 75 days. Below is the intentions paper and a summary of the comments received.
Comments on the proposed changes to the Open Burning Smoke Control Regulation have been summarized in a Consultation Summary Report. The comments highlight several areas of concern and and have guided further work on the regulation.
Next Steps - REVISED NOVEMBER 2009
The ministry is currently consulting on solutions to the concerns raised and new approaches to regulating open burning in B.C. The ministry will be posting a second intentions paper in the new year that addresses the feedback received during the consultation opportunities to date, and seeks feedback on a new approach or suite of options for regulating open burning.
Key areas that will be addressed in the new intentions paper include:
- Clear direction for how necessary open burning for fuel management and pest/disease control will be enabled;
- Standards, best management practices, planning processes, tools and technology that could be incorporated into or referenced by regulation to maximize human health protection;
- Timing of implementing the regulation; and
- Current and future opportunities to address the cost concerns associated with alternative debris disposal.
Additional Information
In response to feedback on the first intentions paper, a preliminary overview of the smoke sensitivity zones for the province is available for illustrative purposes only, along with a description of the criteria used to define the zones. Note that this zoning approach is not finalized and any changes to the zone criteria or application will be outlined in a second intentions paper.
Map Criteria
Low Sensitivity Zones:
Based on meteorological and geographical criteria:
- Drainage of air not likely to go to populated / sensitive area
- Drainage does not go to major highway (corridor)
- Drains into open ocean or unpopulated channels which lead to open ocean
- Takes advantage of boundaries already based on drainages and watersheds to define M/L boundary (e.g. forest districts)
Medium Sensitivity Zones:
Based on meteorological and geographical criteria where drainage of air could go to a populated/sensitive area.
High Sensitivity Zones:
Based on population densities as defined by census data (200, 350 and 500 people per square km with corresponding buffers of 4 km, 7 km and 10 km), and reduced where topography would restrict air from draining into the populated area.
Further information about the Open Burning Smoke Control Regulation can be accessed by clicking on the address below, or from the Ministry of Environment home page, by following the Environmental Protection Division and "Air" links (see www.http://www.bcairquality.ca/topics/burning-outdoors.html).
november 2009
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