Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 11.  Control of Emissions of Smoke

Section 1109.  Control of Air Pollution from Outdoor Burning
As approved by EPA July 5, 2011 (76 FR 38977) effective August 4, 2011 (LAd34),
Regulations.gov docket ID:  EPA-R06-OAR-2007-0924 [LA021]

The revision to Section 1109 published in the Federal Register August 29, 2017 (82 FR 40949)
effective September 28, 2017 (LAd58) does not change the text of Section 1109 as approved
by EPA July 5, 2011 (76 FR 38977) effective August 4, 2011 (LAd34),
Regulations.gov docket EPA-R06-OAR-2007-0924 [LA021].
The State adoption date should be 10/20/1995 and the EPA approval date should be 7/5/2011, 76 FR 38977. 
The “Ref 52.999(c)(49)” is for EPA approval of portions of Section 1109 adopted in the Louisiana Register
Dec 1987 at LR 13:741 and approved by EPA 03/08/89 (54 FR 09795) effective 05/08/89 (LAc49), Ref 52.999(c)(49).

Unless otherwise indicated paragraphs are as adopted in the Louisiana Register Dec 1987 at LR 13:741
and approved by EPA 03/08/89 (54 FR 09795) effective 05/08/89 (LAc49), Ref 52.999(c)(49).

AQ125   §1109.A;LAd34;LA021.03;AQ125;LR21:1080(10/20/1995)
   A. Purpose. It is the purpose of this Section to control outdoor burning of waste or other 
combustible material.

AQ166   §1109.B;LAd34;LA021.05;AQ166;LR24:0652(4/20/1998)
   B. Outdoor Burning Prohibited. No person shall cause or 
allow the outdoor burning of waste material or other 
combustible material on any property owned by him or under 
his control except as provided in Subsections C and D of this 
Section.

   C.  Exceptions to Prohibition Against Outdoor Burning. Outdoor burning of waste material or other combustible material may be conducted in the situations enumerated below if no public nuisance is or will be created and if the burning is not prohibited by and is conducted in compliance with other applicable laws and with regulations and orders of governmental entities having jurisdiction, including air control regulations and orders. The authority to conduct outdoor burning under this regulation does not exempt or excuse the person responsible from the consequences of or the damages or injuries resulting from the burning.

       1.  Outdoor burning in connection with the preparation of food.

       2.  Campfires and fires used solely for recreational purposes or for ceremonial occasions.

       3.  Fires purposely set to forest lands for a specific forest management purpose in accordance with practices acceptable to the Louisiana Forestry Commission.

       4.  Fires purposely set on agricultural lands for a specific management purpose in accordance with practices acceptable to the Louisiana Department of Agriculture.

       5.  Outdoor burning in a rural park or rural recreation area of trees, brush, grass, and other vegetable matter for game management purposes in accordance with practices acceptable to Louisiana Parks and Recreation Commission and Louisiana Wildlife and Fisheries Commission.

       6.  Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric, telephone mains, and services.

       7.  The operation of contrivances using open flames such as welding torches, blow torches, portable heaters, and other flame making devices.

       8.  Outdoor burning, in other than rural park or rural recreation area, of trees, brush, grass, and other vegetable matter from such area in land clearing and right-of-way maintenance operations if the following conditions are met:

           a.  prevailing winds at the time of the burning must be away from any city or town, the ambient air of which may be affected by smoke from the burning;

           b.  the location of the burning must be at least 1,000 feet (305 meters) from any dwelling other than a dwelling or structure located on the property on which the burning is conducted;

           c.  care must be used to minimize the amount of dirt on the material being burned;

           d.  heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth which produce unreasonable amounts of smoke may not be burned; nor may these substances be used to start a fire;

           e.  the burning may be conducted only between the hours of 8 a.m. and 5 p.m. Piles of combustible material should be of such size to allow complete reduction in this time interval;

           f.  the burning must be controlled so that a traffic hazard as prohibited by LAC 33:III.1109.D is not created.

       9.  Fire purposely set as a part of an organized program of drills for the training of fire fighting personnel or for testing fire fighting materials or equipment if the following conditions are met:
           a.  the duration of the burning held to the minimum required for such purposes;
           b.  the burning is conducted only between the hours of 8 a.m. and 5 p.m.;
           c.  the burning is controlled so that a traffic hazard as prohibited by LAC 33:III.1109.D is not created.

       10.  Outdoor burning of waste hydrocarbon products (from petroleum exploration, development or production operations, natural gas processing, such as, but not limited to, basic sediments, oil produced in testing an oil well, and paraffin) may be conducted at the site of origin when it is not practicable to transport the waste products for sale or reclamation, or to dispose of them lawfully in some other manner. In addition, hydrocarbons spilled or lost from pipeline breaks or other transport failure which cannot practicably be recovered or be disposed of lawfully in some other manner may be outdoor burned at the site where the spill occurred* or at another appropriate place due to safety considerations. Except when the immediate or continuous burning of hydrocarbon spills is reasonably necessary to abate or eliminate an existing or imminent threat of injury to human life or significant damage to property, the outdoor burning shall be conducted under the following conditions:

           a.  the location of the burning must not be within or adjacent to a city or town or in such proximity thereto that the ambient air of the city or town may be affected by smoke from the burning;

           b.  the burning is conducted only between the hours of 8 a.m. and 5 p.m.;

           c.  the burning is controlled so that a traffic hazard as prohibited by LAC 33:III.1109.D is not created.

       11.  Special Situations Approvable for Exemption by the administrative authority Prior to Initiation of Burning Operation.

           a.  outdoor burning of explosives, pyrophoric, or any other materials where there is no practicable or safe method of disposal;

           b.  experimental burning for purposes of data gathering and research;
           c.  nonrecurring unusual circumstances or any condition not covered above.

   D.  Traffic Hazards Prohibited. The emission of smoke, suspended particulate matter or uncombined water or any air contaminants or combinations thereof which passes onto or across a public road and creates a traffic hazard by impairment of visibility as defined in LAC 33:III.111 or intensifies an existing traffic hazard condition is prohibited.

AQ166   §1109.E;LAd34;LA021.05;AQ166;LR24:0653(4/20/1998)
   E. Traffic Hazards Prohibited. The emission of smoke, 
suspended particulate matter or uncombined water or any air 
contaminants or combinations thereof which passes onto or 
across a public road and creates a traffic hazard by 
impairment of visibility, as defined in LAC 33:III.111, or 
intensifies an existing traffic hazard condition is prohibited.

AQ166   §1109.F;LAd34;LA021.05;AQ166;LR24:0653(4/20/1998)
   F. Exclusion from Application of this Section. Outdoor 
burning pursuant to and in compliance with the terms of a 
variance granted by the administrative authority is excluded 
from the application of this Section.

****End Louisiana Section 1109 SIP effective August 4, 2011***LAd34***LA021***uxr***y3c***