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.
The ministry intends to revise the regulation to establish a comprehensive province-wide framework of three “smoke sensitivity zones” (high, moderate and low). Each zone will have specified and consistent standards for parties considering the open burning of vegetative debris. The regulation will also enable a clear and consistent “single window” system for stakeholders to access information and register open burns that meet the standards set out in the regulation.
This risk-based, province-wide approach supports 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
The ministry is currently consulting on solutions to the concerns raised and will be posting a second intentions paper in the new year that addresses the feedback received during the consultation opportunities to date.
Key areas that will be addressed in the new intentions paper include:
- Timing of implementing the regulation (anticipate early 2010) and of phasing out open burning in the high smoke sensitivity zone (proposed target date of 2015);
- Exceptions to a phase out of open burning in the high smoke sensitivity zone for fire hazard abatement, pest and disease control, and community protection by fuel management; 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 now available, along with a description of the criteria used to define the zones. Detailed maps will be assessed by an independent, third party evaluation prior to being released, and may be available as early as fall 2008.
Map Criteria
Low Sensitivity Zones:
Based on meteorological and geographical criteria:
- Drainage of air never goes 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:
The area in between High and Low Zones
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.env.gov.bc.ca/air/particulates/agttobsc).
High Sensitivity Zones:
200, 350 and 500 people per square km with corresponding buffers of 4 km, 7 km and 10 km, and adjusted to height of land.
December 2008
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