Regulatory Text: 
TX Chap 111 (Reg 1) - Control of Air Pollution from Visible Emissions and 
Particulate Matter; SIP effective until 2009.05.28

[A]  OUTDOOR BURNING

Outline:
Section 111.101.  General Prohibition.
Section 111.103.  Exceptions to Prohibition of Outdoor Burning.
Section 111.105.  General Requirements for Allowable Outdoor Burning.
Section 111.107.  Responsibility for Consequences of Outdoor Burning.


Section 111.101.  General Prohibition.

(Approved by EPA 01/18/94 (59 FR 02534) at 52.2270(c)(79) effective 02/17/94.)

79A    No person may cause, suffer, allow, or permit any outdoor burning within the State of Texas, except as provided by Section 111.103 of this title (relating to Exceptions to Prohibition of Outdoor Burning).  Outdoor disposal or deposition of any material capable of igniting spontaneously shall not be allowed without written permission of the Executive Director of the Texas Natural Resource Conservation Commission.

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Section 111.103.  Exceptions to Prohibition of Outdoor Burning.

(Approved by EPA 01/18/94 (59 FR 02534) at 52.2270(c)(79) effective 02/17/94.)

79A    (a)  Outdoor burning may be authorized by written permission from the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) if there is no practical alternative and if the burning will not cause or contribute to a violation of any federal primary or secondary ambient air standard.  The Executive Director may also specify procedures or methods to control or abate emissions from outdoor burning authorized pursuant to this rule by requiring that trenches be dug to align with prevailing winds, specifying time for burning, and other related factors.  Authorizations to burn may be revoked by the Executive Director at any time if the burning is causing nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.

79A    (b)  Outdoor burning shall also be authorized in each of the following instances:

79A         (1)  Training of fire-fighting personnel when requested by certified mail and when authorized in writing by the local air pollution control agency or local health unit.  In the absence of such local entities, the nearest TNRCC Regional Office shall be notified.  The burning shall be authorized if notice of denial from the local air pollution control agency, local health unit, or TNRCC Regional Office is not received within ten days of the request.  In cases of repetitive, routine fire-fighting training, a yearly written notification, with 24-hour advance telephone notice for each training session is sufficient.  Authorization to conduct outdoor burning under this provision may be revoked by the Executive Director if this provision is used to circumvent Section 111.101 of this title  (relating to General Prohibition) and Section 111.103 of this title (relating to Exceptions to Prohibition of Outdoor Burning).

79A         (2)  Domestic waste burning at a property designed for and used exclusively as a private residence, housing not more than three families, when collection of domestic waste is not provided or authorized by the local governmental entity having jurisdiction, and when the waste is generated only from that property. 

79A         (3)  Campfires and fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather.  Such burning shall be subject to the requirements of Section 111.105(7) of this title (relating to General Requirements for Allowable Outdoor Burning). 

79A         (4)  Diseased animal burning when such burning is the most effective means of controlling the spread of disease.

79A         (5)  Rural area on-site burning of trees, brush, grass, and other dry plant growth when no practical alternative to burning exists for right-of-way maintenance, land-clearing operations, and for those forest, crop, and range management purposes not specifically governed by orders issued pursuant to subsection (a) of this section.  Such burning shall be subject to the requirements of Section 111.105 of this title (relating to General Requirements for Allowable Outdoor Burning).

79A         (6)  Salt-marsh grass management burning may be conducted only in Aransas, Brazoria, Calhoun, Chambers, Galveston, Harris, Jackson, Jefferson, Kleberg, Matagorda, Nueces, Orange, Refugio, and San Patricio counties and only if the following requirements are met:

79A              (A)  All land on which burning is to be conducted shall be registered with the appropriate Regional Office of the TNRCC and its location identified on a U.S. Geological Survey map or equivalent.  The person who owns or controls the land must also submit a legal description of the land boundaries and identify significant points such as roads, canals, lakes, and streams, and the method by which access is made to the site.  For large acreage, the map should be divided into manageable blocks not larger than a section, with numerical identification for each defined block.  The information must be provided for review at least 15 days before the burning takes place.

79A              (B)  Prior to any burning, approval must be obtained from the appropriate Regional Office.  Notification of the burning may be verbal or written and must identify the specific area and block to be burned, estimated acreage, start and end time of the burn, and a person who can be contacted during the burn period.

79A              (C)  The person responsible for the burning must provide access and transportation to the burn site upon request by the Regional Office.

79A              (D)  Such burning shall be subject to the requirements of Section 111.105 of this title (relating to General Requirements for Allowable Outdoor Burning).

79A         (7)  Hydrocarbon burning from pipeline breaks and oil spills may be allowed upon proper notification as set forth in Section 101.6 of this title, concerning Notification Requirements for Major Upset, if the Executive Director determines that the burning is necessary to protect the public welfare.

79A         (8)  Municipal solid waste burning may be conducted until such time as it is eliminated by the federal Resource Conservation and Recovery Act and as long as the following conditions are met: 

79A              (A)  Municipal solid waste burning may be conducted at Texas Department of Health (TDH) permitted Type II or III landfill sites (sites serving less than 5,000 population equivalent) located in any county with a population of 100,000 or less as determined by the latest United States population census if authorization is obtained from the Executive Director of the TNRCC.  Any authorization provided hereunder must be consistent with all TDH regulations and in accordance with 40 CFR 257, Criteria for Classification of Solid Waste Disposal Facilities and Practices.

79A              (B)  Brush and demolition or construction wood waste burning may be conducted at TDH permitted Type IV landfill sites, as defined by the TDH, located in the counties described in subparagraph (8)(A) of this paragraph if authorization is obtained from the Executive Director of the TNRCC.  Any authorization provided hereunder must be consistent with the criteria referenced in subparagraph (8)(A) of this paragraph. 

79A              (C)  Such burning shall be subject to Section  111.105(7) of this title (relating to General Requirements for Allowable Outdoor Burning). 

****************** end 111.103 ****************************87h**

Section 111.105.  General Requirements for Allowable Outdoor Burning.

(Approved by EPA 01/18/94 (59 FR 02534) at 52.2270(c)(79) effective 02/17/94.)

79A    Outdoor burning which otherwise is permissible shall also be subject to the following requirements when specified in Section 111.103 of this title (relating to Exceptions to Prohibition of Outdoor Burning):

79A         (1)  Prior to prescribed or controlled burning for forest management purposes, the Texas Forest Service shall be notified. 

79A         (2)  The burning must be outside the corporate limits of a city or town except when it is necessary to eliminate a naturally occurring fire hazard as determined by the local fire department.

79A         (3)  Burning shall be commenced only when the wind will carry smoke and other pollutants away from any city, town, residential, recreational, commercial, or industrial area, navigable water, public road, or landing strip which may be affected by the smoke.  Burning shall not be conducted when a shift in wind direction is predicted which could produce adverse effects to persons, animals, or property during the burning period.  If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burning to post flag-persons on affected roads in accordance with the requirements of the Department of Public Safety.

79A         (4)  The burning must be at least 300 feet (90 meters) from any adjacent properties which have residential, recreational,  commercial, or industrial use.

79A         (5)  The hours and wind conditions for burning shall comply with the following:

79A              (A)  The initiation of burning shall commence after 9 a.m.  Burning shall be completed on the same day as soon as is  reasonably practical prior to 5 p.m.

79A              (B)  Burning shall not be commenced when surface wind speed is predicted to be less than six m.p.h. (five knots) or greater than 23 m.p.h. (20 knots) during the burn period.

79A         (6)  Burning shall not be conducted during periods of actual or predicted persistent (12 hours or more) low-level atmospheric temperature inversions (nonsurface based) or in areas covered by a current National Weather Service Air Stagnation Advisory.

79A         (7)  Heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any material which may produce unreasonable amounts of smoke must not be burned.

********************** end 111.105 *******************87h**

Section 111.107.  Responsibility for Consequences of Outdoor Burning.

(As approved by EPA 01/18/94 (59 FR 02534) at 52.2270(c)(79) effective 02/17/94.)

79A    The authority to conduct outdoor burning under this regulation does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this regulation.

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