Discussion Areas and Questions – Open Burning Smoke Control Regulation

The Ministry of Environment is reviewing the Open Burning Smoke Control Regulation of the Environmental Management Act – with the goal of amending the regulation. The review process follows the ministry policy of continuous improvement and the ministry's commitment to review regulations on a regular basis and revise provisions as appropriate. The following discussion areas and questions are based on a policy intentions paper for consultation available from the Ministry of Environment website: http://www.env.gov.bc.ca/epd/codes/index.htm.

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 specified nonprohibited debris material can be authorized, and has not been substantively revised since the regulation was enacted in 1993.

1.  Objectives guiding the proposed revisions

The ministry has used the following set of objectives to guide and assess potential changes and guide revision of the regulation (see intentions paper section 4.1):

1.1 Do you have any comments or suggestions regarding these objectives and how the ministry uses them to guide proposed revisions to the regulation?

2.  Proposed approach to smoke control and the regulation of open burning

The ministry intends to revise the regulation to establish a risk-based 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 (see intentions paper section 4.2).

 2.1 Do you have any comments regarding the ministry's proposed approach to smoke control and the regulation of open burning?

2.2 Do you have any suggestions that would support effective implementation of this approach?

3.  Scope, exemptions and changes to definitions

The ministry intends to amend definitions in the Open Burning Smoke Control Regulation to support consistency with related legislation, and to clarify the scope of provisions in the regulation (see intentions paper section 4.3).

3.1 Do you have any comments or suggestions regarding the proposed definitions and categories of open fires used in the regulation?

3.2 Do you have any comments or suggestions regarding open burning activities that should be exempt from the regulation?

 

4.  Map of open burning sensitivity zones

The ministry will develop a provincial map with three defined zones (high, moderate and low) of smoke sensitivity, built on a science-based approach to define risk to human health. It is the ministry's intention to develop and maintain a current smoke sensitivity zone map that will be easily accessible to the public using web-based formats (see intentions paper section 4.4).

4.1 Do you have any comments or suggestions regarding the proposed provincial map of open burning sensitivity zones and delineation of these zones in the regulation?

5.  Use of forced air technology

The ministry wishes to encourage the use of "forced air technology" (i.e., air curtain incinerators, or other appropriate air-assist technology approved by the director) as this technology can substantially reduce emissions when used properly (see intentions paper section 4.5).

5.1 Do you have any comments or suggestions regarding the use of forced air technology and its application in open burning of vegetative material?

The ministry intends to develop standards and requirements for the use of forced air technology that will address fuel content, ash disposal, opacity limits, testing and reporting requirements consistent with provincial air quality objectives and regulatory measures in other jurisdictions.

5.2 Do you have any comments regarding the proposed standards and requirements for the use of forced air technology?

The ministry is seeking comments and suggestions for operator training and certification requirements. Options for training and certification include a program that is "self-organized" and managed by an industry association, or a program that is facilitated by an independent body.

5.3 Do you have any comments or suggestions regarding best options for establishing and managing operator training, as well as certification requirements, for the use of forced air technology under terms of the regulation?

6.  Rules governing open burning

A.  General rules (applicable in all zones)

The ministry is proposing general rules setting out the nature of material that is allowed to be burned, minimum distances of burns from residences, schools, hospitals and care facilities, and requirements for obtaining a "custom ventilation forecast" from the ministry (see intentions paper section 4.6.A).

6.1  Do you have any comments or suggestions regarding the proposed general rules?

B.  Opening burning in a high smoke sensitivity zone

The ministry intends to prohibit open burning of category 2 and 3 fires in high sensitivity zones, either on enactment of the regulation or within two years of the regulation's enactment for specified situations (see intentions paper section 4.6.B).

6.2  Do you have any comments or suggestions regarding the proposed provisions for restricting and prohibiting open burning in high smoke sensitivity zones?

The ministry recognizes that in select circumstances there may be specific reasons necessitating open burning in high sensitivity zones (i.e., if open burning is the only reasonable method of stopping the spread of forest diseases, or if it is recognized that open burning is the only feasible way to abate an interface fire hazard).

6.3  Do you have any comments regarding circumstances where open burning in a high smoke sensitivity zone may be appropriate for recognition and authorization in the regulation?

C.  Open burning in a moderate smoke sensitivity zone

For "category 2 fires" in moderate smoke sensitivity zones, the ministry proposes that open burning would be allowed under specified ventilation conditions, and with the smoke release period also dependent on the technology used for the burn (see intentions paper section 4.6.A and C).

6.4  Do you have any comments or suggestions regarding the proposed requirements for open burning of category 2 fires in a moderate smoke sensitivity zone?

For "category 3 fires" in moderate smoke sensitivity zones, the ministry proposes that open burning would be permitted on receipt of custom ventilation forecasts – and with the smoke release period also dependent on the technology used for the burn (see intentions paper section 4.6.A and C).

6.5  Do you have any comments or suggestions regarding the proposed requirements for open burning of category 3 fires in a moderate smoke sensitivity zone?

Open burning of wood waste from primary wood manufacturing facilities without use of forced air technology in moderate smoke sensitivity zones would not be permitted. Terms and conditions for open burning using forced air technology are set out in the proposed regulation (see intentions paper section 4.6.C).

6.6  Do you have any comments or suggestions regarding the proposed requirements for open burning of wood waste from primary wood manufacturing facilities in a moderate smoke sensitivity zone?

D.  Opening burning in a low smoke sensitivity zone

Under the proposed regulation, open burning of category 2 fires would be allowed (except during open burning bans), while open burning of category 3 fires and burning of wood waste from a primary wood manufacturing facility would require a custom ventilation forecast (see intentions paper section 4.6.D).

6.7  Do you have any comments or suggestions regarding the proposed requirements for open burning in a low smoke sensitivity zone?

7.  Process for assessing and authorizing an open burn

The ministry is presently exploring the feasibility and cost considerations involved in providing custom ventilation forecasting (CVF) and custom ventilation tracking numbers in partnership with the Ministry of Forests and Range – with the intention of meeting the ministry's objectives for the regulation (e.g., efficient, cost-effective, equitable – see intentions paper sections 4.1 and 4.7).

7.1  Do you have any comments or suggestions for establishing a process for assessing and tracking an open burn that would be efficient, cost-effective and equitable?

8.  Powers and penalties

The ministry intends to add or strengthen provisions in the regulation to improve enforceability, as recommended in previous reviews of the regulation (see intentions paper section 4.8).

8.1  Do you have any comments or suggestions regarding effective enforcement of the regulation and appropriate provisions for the regulation?

9.  Addressing key coordination and implementation issues

A.  Control of wildfires and managing interface burns

The Open Burning Smoke Control Regulation is intended to complement and act in concert with the objectives of the Wildfire Act and regulation, administered by the Ministry of Forests and Range. Most community interface areas will be captured within high smoke sensitivity zones where open burning will be phased out  – with limited exceptions. It should be noted however, that many resource management open fires, which are exempt from provisions of the Open Burning and Smoke Control Regulation, would be allowed for slash or other vegetation and woody debris that is dispersed over an area (see intentions paper section 4.9.A).

9.1 Do you have any comments or suggestions regarding provisions of the Open Burning Smoke Control Regulation in relation to the control of wildfires and management of interface burns?

B.  Encouraging alternatives to open burning

The ministry is supportive of any efforts to reduce contaminant levels associated with open burning. For example, the ministry is seeking comments and suggestions for encouraging alternatives to open burning (such as chipping, composting, or co-generation). Any comments regarding additional appropriate incentives (under the Open Burning Smoke Control Regulation or by other regulatory means) to reduce stressors to air quality are welcome (see intentions paper sections 4.1 and 4.9.B).

9.2 Do you have any advice or suggestions for the ministry to encourage alternatives to open burning – in keeping with objectives and intent of the regulation?

C.  Cumulative effects

The zoning approach being proposed by the ministry, with open burning requirements targeted to smoke sensitivity zones, is intended to address cumulative effects of air emissions in more densely populated airsheds (see intentions paper section 4.9.C).

9.3  Do you have any comments or suggestions regarding cumulative effects and open burning smoke control?

10.  Climate change and open burning

The ministry acknowledges that some alternatives to open burning may generate more greenhouse gases than open burning. The protection of public health from the impacts of inhalable particulates is an equal priority for government (see intentions paper section 4.10).

10.1  Do you have any comments regarding climate change and open burning and/or provisions in the proposed regulation to protect human health in relation to generation of greenhouse gases?

11.  Protection of human health and the environment

11.1 Are there any aspects of the regulation and management of open burning and smoke control that could significantly affect human health or the environment that are not, in your view, sufficiently addressed in the proposed revisions to the regulation?

  Yes
  No

If "Yes," what are they? What suggestions do you have for the ministry to improve the manner in which these concerns are addressed?

11.2 Do you have any other comments or suggestions for the ministry?

Please remember to respond to the ministry on or before July 28, 2008.

If you wish, you may also provide contact information below. This information will be compiled separately from responses. It will be used to inform respondents of posting of the summary of comments and subsequent ministry actions to revise the regulation.

Thank you once more for your time and comments!

(Optional) Contact Information

If you wish to have your name placed on the ministry listserve to receive further information concerning the Open Burning Smoke Control Regulation, please provide your contact information – including an email address – below. Note that all submissions will be treated with confidentiality by ministry staff and contractors, however, information that identifies you as the source of those comments may be publicly available if a Freedom of Information request is made under the Freedom of Information and Protection of Privacy Act. 

Contact Name:
Business or Organization Name (if appropriate):
Email:
Mailing Address:
Telephone #:
Fax #:

Background and Area of Interest

Please mark an "x" in the appropriate boxes if your primary interest in the regulation relates to you:

  Work in industry:

Debris management and/or burning of vegetative debris

Wildfire management

Other (please describe):  

  Work for a government regulatory agency:

Federal

Provincial

Municipal

  First Nation

  Involvement or work for an environmental or community interest group

  Other interest (please describe): 

Thank you once more for your time and interest 
in the development of this regulation.