Open Burning Smoke Control Regulation · Introduction Environmental Management Act (EMA) Open Burning Smoke Control Regulation (OBSCR) was first enacted in 1993. New OBSCR comes into

Open Burning Smoke Control Regulation

Information Webinar to Stakeholders

September 2019

Introduction

▪ Environmental Management Act (EMA)

▪ Open Burning Smoke Control Regulation (OBSCR) was first enacted in 1993.

▪ New OBSCR comes into effect on September 15, 2019:

➢ Reduce impacts to human health

➢ Enable and encourage compliance

➢ Minimize undue costs to industry

▪ Administrative Penalties and Offense Provisions.

▪ Impending amendments to Violation Ticket Administration and Fines Regulation.

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Major changes in the new OBSCR

➢ Smoke sensitivity zones (SSZ): High, Medium and Low.

➢ Burning requirements strictest around communities, less remotely.

➢ Increases to mandatory setbacks.

➢ Facilitate burning for community wildfire risk reduction and

diseased vegetative debris.

➢ Encourage cleaner burning technologies.

➢ Defining exemptions for agricultural and backyard burning.

➢ Substitution orders to vary regulatory requirements.

➢ Custom ventilation forecasts to increase burn windows.

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OBSCR Contents

PART 1 – INTERPRETATION AND APPLICATION

PART 2 – GENERAL REQUIREMENTS FOR OPEN BURNING

PART 3 – SPECIFIC REQUIREMENTS FOR OPEN BURNING

Division 1 – High, Medium and Low Smoke Sensitivity Zones

Division 2 – Plans for Community Wildfire Risk Reduction

Division 3 – Diseased Vegetative Debris

Division 4 – Dry Land Sort Areas

Division 5 – Air Curtain Incinerators

PART 4 – SUBSTITUTED REQUIREMENTS

PART 5 – AIR PROTECTION MEASURES

PART 6 – MISCELLANEOUS

SCHEDULE 1

SCHEDULE 2

SCHEDULE 34

Part 1. Interpretation and Application

▪ Open burning is a prescribed activity for purposes of EMA 6(3)

▪ OBSCR applies to “Combustion of vegetative debris using open fire”

▪ Total exemptions – OBSCR does not apply to:

➢ Domestic or agricultural burning, debris < 3cm in diameter

➢ Campfires

➢ Fires under EMA 6(5)

o Fires for training purposes under the Fire Services Act

o Fire control under section 9 of the Wildfire Act

o Resource management open fires under the Wildfire Act

➢ Permit or approval (S 14 or 15 of EMA) issued before Sep 15, 20195

Part 1. Interpretation and Application

▪ Partial exemptions under OBSCR apply to certain open burnings:

➢ Under Director’s approval of

o Plan for community wildfire risk reduction in high or medium SSZ

o Diseased vegetative debris in high or medium SSZ

o Air curtain incinerators in high SSZ

➢ Domestic or agricultural burning, debris >3cm & <10cm in diameter

▪ OBSCR does not authorize open fires that are:

➢ Prohibited by a ban from

o a fire department (Fire Services Act)

o a local government

o an improvement district (Local Government Act)

➢ Contrary to the Wildfire Act or any other enactment6

Part 2. General Requirements

▪ Flexibility to move vegetative debris within 5 km radius from its origin.

▪ Ensure that:

➢ Every reasonable alternative used to minimize burning amounts

➢ All reasonable efforts taken to minimize amount of emitted smoke

▪ Prohibited material:

➢ Listed under the Waste Discharge Regulation – Schedule 1

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Provisions that apply to any open burning under OBSCR Unless otherwise exempted or limited under OBSCR

List of Prohibited Material

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animal carcasses and waste from animal slaughtering

asphalt or asphalt products batteries

biomedical waste carpets construction waste *

demolition waste drywall domestic waste

electrical wirefibreglass and other fibre-

reinforced polymersfuel and lubricant containers

furniture and appliances hazardous waste manure

paint and varnish plastics polystyrene foam

railway ties rubber tar paper

tirestreated or painted wood

productsused oil

* other than lumber that has not been treated with wood preservatives or other chemicals and is not coated with paint, varnish, oil or other finishing material


▪ General setbacks

➢ 500 m from residence or business buildings

➢ 1000 m from nearest property line of schools, hospitals & community care facilities

▪ Reduced setbacks: 1 day burn & best practices

➢ 100 m from residence or business buildings, and

➢ 500 m from nearest property line of schools, hospitals & community care facilities

IF

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o Vegetative debris: piled and seasoned

o Each pile’s dimensions: largest horizontal < 2x vertical

o Written record available

o No stumps, diameters < 50 cm

o Reasonable efforts for notifications

o If available, “Good” VF same day or CVF same day or day before

o Starting not earlier than 1 hour after sunrise

o Ending by 4 p.m. or 2 hours before sunset, whichever later


▪ Open burning cannot be started nor continued if local air flow or

atmospheric mixing is causing or is likely to cause smoke to:

➢ Negatively impact a nearby population centre or work camp

➢ Be a navigation hazard at nearby airports or on nearby highways

▪ Custom Ventilation Forecasts (CVF)

➢ Obtained from a “Forecaster”, as defined under OBSCR

➢ Submitted to the Ministry before burning starts

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[email protected]

mailto:[email protected]

1(5). Open Burning for Domestic or Agricultural Purpose

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Veg. Debris Diameter *

Applicable OBSCR Provisions

< 3 cm Total exemption

≥ 3 cm & < 10 cm

• Veg. debris must not move more than 5 km from its origin

• Prohibited materials are not included nor used as accelerant

• Adhere to open burning prohibition issued by a Director

≥ 10 cm No exemptions

Summary of Requirements

*All of veg. debris is branches or other pieces of veg. debris, with or without leaves

Diameter of each branch or piece

Part 3. Specific Requirements

Five Divisions:

1. Burning in High, Medium and Low Smoke Sensitivity Zones

2. Burning under a plan for community wildfire risk reduction

3. Burning of diseased vegetative debris

4. Burning at dry land sort area

5. Burning using air curtain incinerators

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Sets of rules for different types of burning

Some types of burning can be done by several sets of rules

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Ventilation Forecast

• Afternoon VI forecast issued by Environment Canada

• Obtained on the day, but before, burning starts

CVF• Atmosphere’s ability in a geographic area to disperse smoke

• Obtained the day before or on the day, but before, burning starts

Start Time when 1st pile of vegetative debris is ignited

EndTime when each pile of vegetative debris has ceased flaming and is

emitting smoke from no more than 10% of its burnt surface area

Seasoned Veg. Debris

• Dry basis moisture content ≤ 30%

• Piled for at least 4 months, or

• Originated from standing dead timber

Important Definitions and Terms

Part 3. Specific Requirements

Smoke Sensitivity Zones

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HighAreas in and around communities

MediumAreas around smallest communities, rural locations, transportation corridors

LowAreas distant from communities

Director may temporarily change smoke sensitivity zones

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Regional Smoke Sensitivity Zone Mapsheets

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Interactive Ventilation

Index Webpage

Division 1High, Medium and Low Smoke Sensitivity Zones

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Zone Allowable Burning Periods

High

Private land < 64 hectares

• 12 days or portions of days in a calendar year

• 6 days in each calendar month

Medium NA

Low NA

Limits to Open Burnings

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ZoneVegetative

DebrisVentilation

Forecast Start Time End Time

High Seasoned

Good

One hour

after sunrise

or later

Later of 4 p.m.

or 2 hours

before sunsetMedium NA

Open Burning Less Than One Day


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ZoneVegetative

DebrisConsecutive

PeriodVentilation


High Seasoned < 2 days Good1st day

Good or Fair 2nd day

One hour

after sunrise

or later4 p.m.

Medium NA < 4 days

Low NA < 6 days

Good or Fair 1st day

Good or Fair 2nd day

NA

Open Burning More Than One Day


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Zone Igniting Unlit Piles Adding Unlit Debris to Ignited Piles

High

On 1st day

• Starting 1 hour after sunrise

• Ending 4 hours before sunset

Medium

On 1st day



On 1st day & 2nd day



• VF or CVF obtained on 2nd day,

Good or Fair

Low NA

Open Burning More Than One Day

Additional Conditions


Community Wildfire Risk Reduction (CWRR) Plan

➢ A plan, or an addendum to a plan, developed or endorsed by:

o The government

o Local government

o Band council

o Treaty First Nation

o Nisga’a Government

➢ Describes risks to community from threatening fires

➢ Identifies measures necessary to mitigate those risks and actions to implement those measures

➢ Identifies the geographic areas to which the plan applies

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Divisions 2–3Community Wildfire Risk Reduction & Diseased Vegetative Debris

Diseased Vegetative Debris (DVD)

▪ Verification or confirmation of Vegetative debris infested with pathogen or insect listed in Schedule 1

o Verified by certain qualified professionals

o Verification submitted to a Director

OR

➢ Director confirms in writing

o Pathogen or insect not listed in Schedule 1 infested veg. debris

o Open burning is necessary to stop the spread of pathogen or insect

▪ Exemptions for CWRR and DVD from:

➢ Maximizing amount of vegetative debris that is seasoned

➢ Setbacks for open burning22


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Burn Type

Veg. Debris

Period SetbacksVentilation


CWRR NA

< 1 day

50 m residences businesses

100 m schools

hospitals care fac.

(Obtain)

Good or Fair

(If Available)

One hour after sunrise or later

Later of 4 p.m. or 2 hours before sunset

DVD

≥ 50%

Diseased*


*accelerant material is used if the diseased veg. debris is not seasoned

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Burn Type

Reporting Notification

CWRR

10-90 days prior, submit to Director

•Plan identifying burning as action

•Description of location

No later than 24 hrs. prior, all

reasonable efforts to notify

occupants or managers of all

residences, businesses, schools,

hospitals & care fac. within 150 mDVD

Notify Director in writing at least 24

hrs. before earliest planned start date

Additional Conditions


▪ Dry land sort area

➢ Area of land where commercially harvested timber is collected & sorted before transferring to another location

➢ Does not include timber processing areas at

o Roadside work area

o Statutory right of way, within the meaning of the Land Title Act

o Facility that manufactures wood products other than whole logs for export or whole logs for further manufacturing by another facility

▪ Air curtain incinerator

➢ Aids combustion & reduces emissions by directing air flow across

o Open chamber in device

o Trench

➢ Re-circulates air and smoke25

Divisions 4–5Dry Land Sort Areas & Air Curtain Incinerators

▪ Certain exemptions apply, such as setbacks & ventilation forecasts.

▪ Depends on a number of technical and operational requirements.

▪ More permissive rules to encourage using air curtain incinerators.

▪ Burning at dry land sort areas currently done by permit.

▪ Permits will still be required for open burning at:

➢ Dry land sort area in a high smoke sensitivity zone

➢ Facility that manufactures wood products, other than whole logs for export or whole logs for further manufacturing by another facility

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Divisions 4–5Dry Land Sort Areas & Air Curtain Incinerators

Exemptions for Open Burning with a Director’s Approval under Section 15 of EMA

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Burn TypeSmoke

Sensitivity ZonesOBSCR Exemptions

Community wildfire risk reduction

High

Medium•S9: Location of open burning

•S10: Minimize vegetative debris to be open burned

•S11: Strategies and techniques to minimize smoke

•S13: Setbacks for open burning

•S14: Conditions when open burning starts

•S15: Conditions after open burning starts

•P3: Specific requirements for open burning

Diseased vegetative debris

High

Medium

Air curtain incinerators

High

Part 4. Substituted Requirements

▪ A Director may substitute a different requirement for a requirement in OBSCR if the Director considers that:➢ Substitution is necessary to protect the public or the environment, or

➢ Intent of OBSCR will be met by the substitution

▪ Substitution can be made:➢ For a specified period of time, and

➢ Subject to the conditions the Director considers appropriate

▪ On making the decision of substitution:➢ A signed copy must be served to whom substituted requirement applies

➢ Decision must be published in a local newspaper

▪ Based on new information, Director may cancel or amend a decision➢ If necessary to protect the public or the environment

➢ Intent of OBSCR will be met by the cancellation or amendment28

Part 5. Air Protection Measures

▪ Director may, for a period of time, prohibit open burning if the

Director considers that

➢ Ambient PM has reached, or will reach within 24 hours, a level that is likely

to result in air quality not meeting Provincial AQOs

➢ Pollution is occurring, or likely to occur, from open burning

▪ A prohibition may include:

➢ All open burning must be extinguished

➢ No veg. debris may be ignited or added to ignited piles

▪ A Director may repeal a prohibition if they consider that

➢ Air quality is or will be meeting AQOs

➢ Pollution no longer occurring or no longer likely to occur

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Part 6. Miscellaneous

▪ Records and reporting requirements

➢ Records must be made for open burning using:

o One or more category 3 open fires

o One or more air curtain incinerators

➢ Director may require submission of report with specific information

▪ Offences and penalties

➢ Contraventions to certain sections➢ Max. fines $5,000 – $200,000

▪ Accessibility of maps

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Schedules

▪ Schedule 1

➢ Common diseases for the definition of diseased vegetative debris➢ OBSCR has provision for the emergence of new diseases

▪ Schedule 2

➢ Ambient air quality objectives for particulate matter➢ PM2.5 and PM10

▪ Schedule 3

➢ List of maps for Smoke Sensitivity Zones

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Thank You!

More Informationhttps://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-pollution/smoke-burning/regulations/openburningregulation

[email protected]

https://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-pollution/smoke-burning/regulations/openburningregulation

mailto:[email protected]

Documents

Open Burning Smoke Control Regulation · Introduction Environmental Management Act (EMA) Open Burning Smoke Control Regulation (OBSCR) was first enacted in 1993. New OBSCR comes into