ILLINOIS POLLUTION CONTROL BOARD
September
2,
1971
In
the. Matter
of
#R70—ll
OPEN BURNING REGULATIONS
Opinion of the Board
(by Mr.
Currie)
Open burning has long
been recognized
as an important and
particularly inexcusable source of air pollution.
With certain
exceptions,
open burning was outlawed by regulations
of the Air
Pollution Control Board in 1965, and Section
9
(c)
of the
Environmental Protection Act of 1970
outlawed all open burning
of refuse and for salvage, except as may be specifically authorized
by regulations
of this Board.
The regulations adopted today
were proposed
in order to-clarify the uncertain relationship
between the old regulations
and the new statute and
to draw
a
more accurate line between permissible
and impermissible burning
in light of the experience gained in the first few months
of this
Board~s operation.
Our authority to adopt these regulations stems
from sections
9
(c)
and
10
of the Act, which authorize the Board
to adopt regulations
to guard against air pollution--which may
go beyond refuse and salvage cases—-and
to exempt harmless and
necessary open burning from the statutory ban.
This opinion ex-
plains and gives reasons for the new regulations.
1.
Refuse Dumps and Salvage.
The record contains ample evidence as to the pollution
caused by open burning of refuse dumps
and of wrecked vehicles,
and as to the~lack of necessity for such burning.
See Exhibits
4,
5,
7,
arid
8, giving some indication of the extent of smoke and
other contaminants emitted by such operations,
and Exhibits
3,
8,
9,
10, and
21,
indicating methods of sanitary landfill
and of
automobile and boxcar hulk disposal methods
in actual use
that
obviate any need for burning in such cases.
Attention ~s
particularly called
to
a letter received by
the Air Pollution
Control Board from an auto hulk processor in late 1969:
Because of the nature of our shredder operation
at Alton,
Illinpis, we do not require burned auto
bodies; however,
we do accept both burned and
unburned auto bodies at the same price.
(Ex,
10).
The open burning of refuse dumps and open burning for salvage
purposes have been illegal since 1965,
and we reaffirm the
prohibition with conviction.
2
373
2.
Garbage in Boilers.
A related issue
is
the burning of garbage
in boilers in-
tended for residential or other heating.
This
is among the more
offensive types
of pollution in terms both of particulate emissions
that settle out to cause local nuisance and
in terms of odors.
The City of Chicago banned such burning in 1970
(R.
74-75),
and
it has found there are adequate scavenger services
to assure
collection of the refuse
CR.
143).
The Environmental Protection
Act specifically outlaws
the burning of refuse in boilers or other
vessels not meeting incinerator standards,
and we repeat that
prohibition
in the regulations
in order to call attention to
it.
The Agency asks that we phrase this provision so as to require
an incinerator permit.
While we agree that such permits should be
required, we think this requirement is not properly
a part of the
open burning regulations but should be adopted in connection with
the pending permit and emission regulations
for stationary sources
(##R 70—15,
R 71—4, R 71—8, R 71—18).
3.
Leaves and Other Landscape
Refuse:
“Backyard Incineration.”
There has been considerable confusion over the status of
leaf—burning under the new statute.
Today’s regulation makes
it
clear that leaves and other landscape refuse may be burned on the
premises only outside municipalities and
a one mile buffer
zone beyond towns
of 1000 or more people.
In populated areas
leaf
burning
is
a nuisance.
The City of Chicago has recently banned
leaf burning,
and
it reports
a significant reduction in complaints
as
a result
CR.
131,
132).
We have been urged by numerous witnesses
to ban leaf burning.
Dr.
George Arnold,
on behalf of the Madison County Sanitation
and Pollution Committee,
argued that leaf burning creates
a hazard
of
fire and of traffic accidents, contributesto
the violation of
particulate air quality standards, reduces visibility, endangers
health, and destroys valuable organic matter
(R.
64-67).
Several
witnesses discussed from personal experience the adverse health
effects of
leaf burning,
especially on persons with respiratory
problems
(R.
214—32).
An allergy specialist testified as to the
serious health effects
of burning leaves, especially those contaminated
with pesticides,
upon people with allergies
or respiratory diseases
CR.
184—91).
There was also much evidence
as to alternative methods
of leaf disposal,
including municipal incineration and sanitary
landfill
CR.
135)
as well as mulching and composting to make use
of the organic material
CR.
67—68, 100-02,
228—30).
Cost studies
have concluded that
the cost of leaf collection is moderate
($2.58 per family per year in Detroit in 1967,
R.
68), and
that the cost of such collection
is offset more than three
to one by the benefits
of reducing pollution,
even without con—
sidering either health effects or the possible benefits of mulching
(Ex,
11)
2
—
374
Thus we have concluded that there
is
no excuse
for leaf burning
in municipalities.
At the Agency’s request, however, we have allowed
a grace period until
the middle of 1972 for people without access to a
refuse collection service.
At the other end of
the spectrum we are persuaded that the costs
of alternative disposal methods are likely to be significantly higher
because of low population density and that,
in contrast to the over-
whelming nuisance created even in rural areas by salvage
or garbage
burning,
the burning of relatively small quantities of
leaves, weeds,
and other landscape refuse or paper and the
like,
at irregular
intervals on
the premises
on which
they are generated, will cause
relatively little harm
CR.
l05-06;l68-76).
We limit this
exception to noncommercial and farm refuse and specifically
forbid
the burning of garbage.
We think industrial
and commercial concerns,
other than farms, which are relatively remote,
ought to bear
the cost
of providing for more acceptable means of disposal.
In the case of
farms we allow burning, but only if no economic alternative
is
available.
It
is therefore desirable in this case,
as authorized by
section
27
of the Act,
to make different provisions
for
different parts of the State in terms
of population density.
It is obviously impossible to draw
a scientific
line
to separate
with logical precision those cases in which it
is and
is not
acceptable to burn landscape refuse;
one is reminded of the
necessity
for choosing
a somewhat arbitrary voting
age.
We
believe the distinction drawn
is
an appropriate one that will
be easy to administer and
to understand.
A word of caution
is in order
as to the disposition of
leaves.
We have some reservations
about the spreading practice
of placing leaves in plastic bags for collection.
Plastic bags
are relatively nondegradable and may interfere with normal
decomposition of the leaves
in
a sanitary landfill,
Moreover,
the gaseous products of incineration of plastic bags may not
be desirable additions to the air
CR.
135,
139),
We
are not
today outlawing the use of plastic for this purpose,
since the
issue is not before us, but we wish
to warn people
to take care
that
in avoiding one environmental problem they do
not create
another,
4.
Fighting Fire with Fire.
The exception permitting
fires
to stop the spread of other
fires requires little comment.
It is plain that in such cases open
burning can reduce fire
losses and air pollution too.
The provision allowing permits for open burning to instruct
in
firefighting techniques
is similar,
It is clear that experience with
actual fires
is indispensable
in such instruction,
and
that such
instruction
is
of enormous value.
We have required permits for such
2
—
375
activity
in order to ensure that
it
is
not done unnecessarily or
in such
a place or way as to cause unnecessary pollution.
We think
the permit requirement will not cause administrative hardship,
since
a permit can be granted to cover an entire year’s training program
rather than for each
fire
CR.
24—25,
40—53,
192—98).
We have
broadened this provision
to allow for testing of firefighting equip-
ment and
for fire-control research,
for similar reasons.
5.
Campfires, Barbecues, and Fireplaces.
We have included an exception for small recreational
fires
in
the belief
that we have not yet reached the point where the pleasure
given by
such
fires is outweighed by the little harm they cause.
Too
many enjoyable things are already illegal, immoral,
or fattening; we
will
not deprive people of the joys of campfires and fireplaces until
we
are shown
it is necessary to do so.
We add that garbage
is not to
be burned in such cases;
that local laws must be complied with;
that
such activities may be stopped if they in fact cause pollution;
and
that
this exception is not to be abused by calling
a burning refuse
heap
a bonfire
or by roasting wieners over
a pile of leaves.
6.
Gas Flares.
Oil refining operations must provide safety vents for releasing
explosive
gases in the event of increased pressure,
and burning of
such gases
is necessary to avoid
the danger of explosion.
The flares
are kept burning at all times
to provide
a pilot for igniting emergency
releases
and
to prevent explosive conditions
in the pipes.
By
and
large the combustion products
are carbon dioxide and water, although
some sulfur dioxide results from the burning of hydrogen sulfide
during upset conditions.
We are convinced on this record that,
so
long as smokeless devices are employed,
as the industry testified
they should be,
the hazards of explosion amply justify allowing refinery
flares.
We agree moreover that the relatively
small amounts of sulfur
dioxide emitted are
far preferable to comparable amounts
of hydrogen
sulfide,
CR.
200—09)
Flares
are also commonly used
to burn small quantities
of natural
gas produced at oil wells
in Illinois,
Regulations of the state
Department of Mines
and Minerals forbid unnecessary waste of this gas,
and
it
is utilized wherever economically feasible.
Often, however,
there are no nearby buildings to heat with
this gas,
and the quantities
are so small as to make
the cost of compressing and distributing
it
prohibitive.
For safety reasons
the Department of Mines
and Minerals
requires
this waste gas
to be burned,
The combustion products
are
carbon dioxide and water,
and we agree no significant pollution
is
caused.
We have exempted
such flares,
and their conterparts
in other
industries
such as coke—oven and blast—furnace gases, from the open—
burning restrictions
CR.
75-100).
No permit
is required for safety flares because of the enormous
number of flares and the consequent administrative burden,
2
—
376
7.
Prairie Fires.
After the first hearings we added a provision allowing
permits for controlled burning of prairies in order to maintain
them in natural condition for historical and botanical purposes.
There are few such areas;
they are small and remote; burning is
not often required.
(P.
125-56,
210—13).
8.
Trees.
Dutch elm disease
is well known
to most people these days;
an accepted method of retarding its spread has been the prompt
cutting and burning of infected trees.
We have no adequate assurance
that other methods of disposal safely destroy the infecting
organism.
One witness testified that a foot of landfill cover
would suffice, but the bulk of diseased trees
is enormous,
and a
foot
is a lot of cover.
The City of Chicago has commendably pur-
chased a chipping machine at a cost of over $69,000 that enables
diseased trees to be chppped up and fed to
a controlled incinerator,
but we cannot say that this solution is within the financial
range of all municipalities on this record.
On the other side
of the coin, we do not believe the
burning
of wood to he among
the more obnoxious forms of open burning.
In short, we think
the urgency of combattirig plant diseases justifies a permit system
allowing the burning of infected vegetation under conditions that
will minimize pollution
(P.
129,
136—38,
164—65,
177—83).
We also agree that permits should he allowed
in eases
in which
it
is not feasible to remove the felled vegetation from its site
without destroying a substantial seqment of forest
(P.
154,
165—66)
We have received,
and almost always denied,
a great many
requests for variances to permit the open burning of non—diseased
trees.
The evidence is persuasive that alternative disposal methods
are simply not practicable inmost cases
(June
3,
pm,
51-53),
Consequently,
after the most recent hearings, we omitted the limitation
to diseased trees and inserted a provision authorizing permits for
burning any trees outside of restricted areas upon a showing of
need.
However, the evidence shows that a device called the air curtain
destructor, available
for only
a very few thousand dollars and portable,
can substantially
reduce emissions from such burninq by blowinc air
over the
top of the
fire
(June
3,
pp.
54-61;
June
4,
pp.
34-35,
46-67).
Cost of
the unit,
including
its own motor,
is
from
~6700
to $11,300,
the cost of
a permanent pit estimated at $2500—$3500,
and operating costs estimated at 15—20~ per
ton
(June
4,
pp.
57-65).
The Cook County Forest Preserve District
is installinq
such
a
destructor
(June
3,
pp.
108—09,
113)
,
and
they are required
in
St.
Louis County, Missouri
(June
4,
p.
33),
We have allowed
several months
for the acquisition of such devices,
required their use after July
1,
1972,
and allowed their use
within restricted areas subject to
a permit requirement,
9.
Explosive Wastes.
We have on several occasions received variance requests re-
garding open burning of explosive wastes, and we have granted them
upon a showing of necessity.
We shall continue to do so.
However,
these cases sometimes involve rather significant quantities of
wastes,
and the technology for alternative means of disposal is
rapidly advancing.
These cases are sufficiently important and
sufficiently infrequent that we shall continue to deal with them
individually on a variance basis,
10,
Oil Sludges.
The evidence tells us that on relatively rare occasions
safety and state regulations require the burning of oil sludges
accumulated
in oil production
(June
4, pp.
89-97).
We have
provided for such burning by permit and,
in emnergen~ies,without
a permit but with a reporting requirement.
11,
Local Enforcement.
We have added a provision making clear once more the statutory
obligation of local governments to enforce the open—burning
regulations.
The Agency cannot do
it alone,
If we are to have a
clean environment we must have the cooperation of governments
at
all levels.
The following changes were made
in response to comments re-
ceived after publication of the proposed final draft:
A definition
of trade waste was
added;
the reference to
§
9
Cc)
of the Act was
made explicit in Rule
403 to conform to the statute;
the exemptions
for
agricultural and domicile waste have been separated because
of the different conditions applicable to each;
a grace period
has been added for domicile wastes where there is presently no
pickup service;
the requirement has been added that agricultural
waste can be burned only when there is no economically reasonable
alternative; domestic fireplaces have been more clearly exempted;
the procedural requirements for permits have been reorganized and
rewritten to be more specific.
2
—
378
ORDER
(1)
Section
1 of Chapter
2
of Rules
and Regulations Governing
the Control of Air Pollution, adopted by the Illinois Air
Pollution
Control Board March
26,
965,
is hereby repealed,
except that cases
arising before the effective date of
this
regulation shall be governed by the provisions otherwise
repealed.
(2)
A new Part is hereby added to the Rules
and Regulations
of
the Illinois Pollution Control Board as
follows:
ILLINOIS POLLUTION CONTP~OLBOARD
RULES
AND
REGULATIONS
Ch,
3:
AIR POLLUTION
PART IV~ OPEN BURNING
401
Definitions.
-
A~rc’~~
ir~t
astes:
Arty rrfuse
,
~xccpt cj~r::
and
dead
animals,
generated
on
a
farm
or
ranch by crop and
livestock
production
practices,
including
such
items
as
bags,
cartons,
dry
bedding,
structural
materials,
and
landsclpe
wastes.
(b)
Domicile
Waste:
Any
refuse
generated
on
single—
family domiciliary
property as
a result of domiciliary
activities.
The
term includes landscape waste,
but excludes
garbage and trade waste.
Cc)
Garbage:
Refuse
resulting
from
the
handling,
processing
preparation,
cooling,
and
consumption
of
food
or
food
products.
Cd)
Landscape
Waste:
Any
vegetable
or
plant refuse,
except garbage.
The
term includes
trees,
tree trimmings,
branches, stumps,
brush, weeds,
leaves,
grass, shrubbery,
yard trimmings, and crop residues.
(e)
Open Burning:
The combustion of any matter in such
a way that the products
of the combustion aru emitted to the
open
air without originating
in or passing through
equipment
for which
a permit could be issued under Section
9(b)
of the Act.
(f)
Refuse:
Any
discarded matter;
or any
matter which
is
to be reduced in volume,
or
otherwise changed
in
chemical
or
physical properties,
in order
to
facilitate its
discard,
removal
ordisposal.
2
—
379
(g)
Restricted Areas:
The area
within the boundaries
of
any “municipality”
as defined in the Illinois Municipal
Code, plus
a zone extending one mile beyond the boundaries
of any such municipality having a population of
1,000 or
more according to the
latest federal census.
(h)
Trade Waste:
Any refuse resulting from the
prosecution of any trade,
business,
industry, commercial venture,
utility or service activity,
and any government or institutional
activity, whether or not for profit.
The term includes land-
scape wastc~but excludes agricultural waste.
402
Prohibitions.
(a)
No person shall cause or allow open burning,
except
as provided in Rules
403,
404, and 405 of this Part.
Cb)
No person shall cau~~eor allow the burning of any
refuse in any chamber or apparatus, unless
such chamber or
apparatus
is designed for the purpose of disposing of the
class of refuse being burned,
403
~~Etions.
The following activities are not in violation
of Section
9(c)
of the Environmental Protection Act or of
this Part unless
they cause air pollution
as defined in the
Act.
Nothing in this Rule shaLl exempt such activities
from applicable
local restrictions.
(a)
The open bu~niiciof a7ricultural waste, but only:
(1)
on the premises on which such waste
is generated;
and
(2)
in areas other than restricted areas;
and
(3)
when atmospheric conditions will readily
dissipate contaminants;
and
(4)
if such burning does
not create
a visibility
hazard on roadways,
railroad tracks,
or air fields;
(5)
more
than 1000
feet from residential or other
populated areas;
and
(6)
when
it
can be affirmatively demonstrated that
no
economically reaso~fiablealternative method of disposal
is
available.
(b)
The
open
burning
of
domicile
waste,
but only:
(1)
on
the
premises
on
which
such
waste
is
generated;
and
(2)
in
areas
other than restricted areas;
and
(3)
when atmospheric conditions will readily dissipate
contaminants;
and
(4)
if such burning does not create
a visibility
hazard on roadways,
railroad tracks, or air
fields;
(5)
notwithstanding subparagraph
(2)
of this
paragraph
(b), this exemption shall apply to residents
in
restricted areas who do not have refuse collection service
available to them, but only until July
1,
1972.
~c)
The setting of fires to
cuittbat or limit existing
fires, when reasonably necessary in the judgment of the
responsible government official.
(d)
The burning of fuels for legitimate campfire,
recreational, and cooling purposes,
or
in
domestic
fire—
places,
in areas where such burning
is consistent with other
laws, provide4 that no garbage shall be burned in such
cases;
Ce)
The burning of waste gases, provided that in the case
of refineries all such flares shall be equipped with smokeless
tips of comparable devices
to reduce pollution;
(f)
Small open flames for heating tar,
for welding,
acetylene torches, highway safety flares, and the like,
404
Permits.
(a)
The Environmental Protection Agency may grant
permits
for open burning in the following instances:
(1)
For instruction in methods of fire fighting;
or for testing of equipment for extinguishing fires, of
flares
and signals, or of experimental incinerators, or for
research in control of fires;
C2)
For the destruction of vegetation on site under
circumstances
in which its removal would necessitate significant
environiaental damage;
(3)
For research or management in prairie or forest
ecology;
(4)
For the destruction of landscape wastes,
provided that such burning shall not occur:
Ci)
in restricted areas, unless burning
is
conducted with the aid of an air—curtain destructor or domparable
device to reduce emissions substantially; or
(ii)
within 1000 feet of any residential
or
other populated area;
or
(iii)
after July
1,
1972 except with the aid
of an air—curtain destructor or comparable device to reduce
contaminant emissions substantially.
(5)
For the destruction of oil sludges in petroleum
production fOr safety reasons where alternative means includ-
ing
product recovery are impracticable;
provided,
that when
emergency conditions require,
such burning may be done without
a permit,
and a report shall be filed with the Agency within
ten days thereafter, indicating the place and time of such
burning,
the quantities burned,
the meteorological Conditions,
and the reasons why emergency burning was necessary.
(b)
An application for
a permit shall be ‘in such form
and shall contain such information as
shall be required in
procedures adopted by the Agency.
Such application shall con-
tain,
as
a minimum, data and information sufficient to inform
the Agency with respect to:
the exact quantities and types
of material to be burned;
the exact nature and exact
quantities
of air contaminant emissions which will result;
the exact frequency,
including dates where appropriate, when
such burning will take place;
the exact location of the
burning site, including a map showing distances to residences,
populated areas, roadways,
air fields,
etc.; the methods
or actions which will be taken to reduce the emission of air
contaminants;
the reasons why alternatives to open burning
are not available;
and the reasons why such burning is
necessary to the public interest.
Cc)
No permit shall be granted unless the applicant proves
to the satisfaction of the Agency that the open burning:
is
necessary to the public interest; will be conducted in such
a time, place and manner as to minimize the emission of air
contaminants;
and will have no serious detrimental effect upon
adjacent properties or the occupants thereof.
2
—
382
Cd)
The
Agency
may
impose
such
conditions
in
the
permit
as may be necessary to accomplish the purposes of the Act or
this Part.
(e)
No permit shall be valid for longer than one year.
Applications
for renewal of a permit shall be submitted to
the Agency at least
90 days prior to the expiration of the prior
permit,
and shall conform to Rule
404
(b).
The standards
for issuance of renewal permits shall be
as
set forth in
Rule 404
(c).
(f)
Violation of any of the conditions of
the permit
shall
be
grounds
for
revocation
of
the
permit
by
the
Agency,
as well
as
for other sanctions provided in the Act.
(g)
The Agency may revise any permit granted pursuant
to this
Rule,
or any condition contained in
any such permit.
405
Explosive Wastes.
Open burning of wastes creating
a hazard of explosion,
fire,
or other serious harm, unless authorized by other provisions
in this Part, shall be permitted only upon application for
and grant of
a variance as
provided by the Act and by Chapter
1 of these Rules
and Regulations.
406
Local Enforcement.
It shall be the obligation of local governments,
as well
as of
the Environmental Protection Agency, to enforce by
appropriate means
the prohibitions
in this Part,
2
—
383
