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SECTION .1900 – OPEN BURNING

15A NCAC 02D .1901 OPEN BURNING: PURPOSE: SCOPE

(a) Open Burning Prohibited. A person shall not cause, allow, or permit open burning of combustible material

except as allowed by Rule .1903 and Rule .1904 of this Section.

(b) Purpose. The purpose of this Section is to control air pollution resulting from the open burning of combustible

materials and to protect the air quality in the immediate area of the open burning.

burning that is a crime under G.S. 14-136, G.S. 14-137, G.S. 14-138.1 and G.S. 14-140.1, or affect the authority of

the North Carolina Forest Service to issue or deny permits for open burning in or adjacent to woodlands as provided

in G.S. 106-940 through G.S. 106-950. This Section does not affect the authority of any local government to

regulate open burning through its fire codes or other ordinances. The issuance of any open burning permit by the

North Carolina Forest Service or any local government does not relieve any person from the necessity of complying

with this Section or any other air quality rule.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);

Eff. July 1, 1996;

Amended Eff. January 1, 2015; July 1, 2007; June 1, 2004.

15A NCAC 02D .1902 DEFINITIONS

For the purpose of this Section, the following definitions apply:

(1) "Air Curtain Burner" means a stationary or portable combustion device that directs a plane of high

velocity forced draft air through a manifold head into a pit or container with vertical walls in such

a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air

under the curtain.

(2) "Air Quality Action Day Code 'Orange' or above" means an air quality index greater than 100 as

defined in 40 CFR Part 58, Appendix G.

(3) "Air quality forecast area" means for:

(a) Asheville air quality forecast area: Buncombe, Haywood, Henderson, Jackson, Madison,

Swain, Transylvania, and Yancey Counties;

(b) Charlotte air quality forecast area: Cabarrus, Gaston, Iredell South of Interstate 40,

Lincoln, Mecklenburg, Rowan, and Union Counties;

(d) Fayetteville air quality forecast area: Cumberland and Harnett Counties;

(e) Rocky Mount air quality forecast area: Edgecombe and Nash Counties;

(f) Triad air quality forecast area: Alamance, Caswell, Davidson, Davie, Forsyth, Guilford,

Randolph, Rockingham, and Stokes Counties; and

(g) Triangle air quality forecast area: Chatham, Durham, Franklin, Granville, Johnston,

Person, Orange, Vance, and Wake Counties.

(4) "Dangerous materials" means explosives or containers used in the holding or transporting of

explosives.

(5) "Initiated" means to start or ignite a fire or reignite or rekindle a fire.

(6) "HHCU" means the Health Hazards Control Unit of the Division of Public Health.

(7) "Land clearing" means the uprooting or clearing of vegetation in connection with construction for

buildings; right-of-way maintenance; agricultural, residential, commercial, institutional, or

industrial development; mining activities; or the initial clearing of vegetation to enhance property

value; but does not include routine maintenance or property clean-up activities.

(8) "Log" means any limb or trunk whose diameter exceeds six inches.

(9) "Nonattainment area" means an area designated in 40 CFR 81.334 as nonattainment.

(10) "Nuisance" means causing physical irritation exacerbating a documented medical condition,

visibility impairment, or evidence of soot or ash on property or structure other than the property on

which the burning is done.

(11) "Occupied structure" means a building in which people may live or work, or one intended for

housing farm or other domestic animals.

(12) "Off-site" means any area not on the premises of the land-clearing activities.

(13) "Open burning" means the burning of any matter in such a manner that the products of combustion

resulting from the burning are emitted directly into the atmosphere without passing through a

stack, chimney, or a permitted air pollution control device.

(14) "Operator" as used in .1904(b)(6) and .1904(b)(2)(D) of this Section, means the person in

operational control over the open burning.

(15) "Permanent site" means for an air curtain burner, a place where an air curtain burner is operated

for more than nine months.

(16) "Person" as used in 02D .1901(c), means:

(a) the person in operational control over the open burning; or

(b) the landowner or person in possession or control of the land when he has directly or

indirectly allowed the open burning or has benefited from it.

(17) "Pile" means a quantity of combustible material assembled together in a mass.

(18) "Public pick-up" means the removal of refuse, yard trimmings, limbs, or other plant material from

a residence by a governmental agency, private company contracted by a governmental agency, or

municipal service.

(19) "Public road" means any road that is part of the State highway system; or any road, street, or right-

of-way dedicated or maintained for public use.

(20) "RACM" means regulated asbestos containing material as defined in 40 CFR 61.142.

(21) "Refuse" means any garbage, rubbish, or trade waste.

(22) "Regional Office Supervisor" means the supervisor of personnel of the Division of Air Quality in

a regional office of the Department of Environment and Natural Resources.

(23) "Salvageable items" means any product or material that was first discarded or damaged and then

all, or part, was saved for future use, and include insulated wire, electric motors, and electric

transformers.

(24) "Smoke management plan" means the plan developed following the North Carolina Forest

Service's smoke management program and approved by the North Carolina Forest Service. The

purpose of the smoke management plan is to manage smoke from prescribed burns of public and

private forests to minimize the impact of smoke on air quality and visibility.

(25) "Synthetic material" means man-made material, including tires, asphalt materials such as shingles

or asphaltic roofing materials, construction materials, packaging for construction materials, wire,

electrical insulation, and treated or coated wood.

History Note: Authority G.S. 143-212; 143-213; 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. January 1, 2015; July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.

15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT

(a) All open burning is prohibited except open burning allowed under Paragraph (b) of this Rule or Rule .1904 of

this Section. Except as allowed under Paragraphs (b)(3) through (b)(9) of this Rule, open burning shall not be

initiated in an air quality forecast area that the Department, or the Forsyth County Environmental Affairs

Department for the Triad air quality forecast area, has forecasted to be in an Air Quality Action Day Code "Orange"

or above during the time period covered by that forecast.

(b) The following types of open burning are permissible without an air quality permit:

(1) open burning of leaves, logs, stumps, tree branches or yard trimmings, if the following conditions

are met:

(A) The material burned originates on the premises of private residences and is burned on

those premises;

(B) There are no public pickup services available;

materials are not burned;

(D) The burning is initiated no earlier than 8:00 a.m. and no additional combustible material

is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day; and

(E) The burning does not create a nuisance; and

(F) Material is not burned when the North Carolina Forest Service has banned burning for

that area.

The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes

of the application of the open burning air quality permitting exception described in this

Subparagraph.

(2) open burning for land clearing or right-of-way maintenance if the following conditions are met:

(A) The wind direction at the time that the burning is initiated and the wind direction as

forecasted by the National Weather Service at the time that the burning is initiated are

away from any area, including public roads within 250 feet of the burning as measured

from the edge of the pavement or other roadway surface, which may be affected by

smoke, ash, or other air pollutants from the burning;

(B) The location of the burning is at least 500 feet from any dwelling, group of dwellings, or

commercial or institutional establishment, or other occupied structure not located on the

property on which the burning is conducted. The regional office supervisor may grant

exceptions to the setback requirements if:

(i) a signed, written statement waiving objections to the open burning associated

with the land clearing operation is obtained and submitted to, and the exception

granted by, the regional office supervisor before the burning begins from a

resident or an owner of each dwelling, commercial or institutional

establishment, or other occupied structure within 500 feet of the open burning

site. In the case of a lease or rental agreement, the lessee or renter shall be the

person from whom permission shall be gained prior to any burning; or

(ii) an air curtain burner that complies with Rule .1904 of this Section, is utilized at

the open burning site.

Factors that the regional supervisor shall consider in deciding to grant the exception

include: all the persons who need to sign the statement waiving the objection have signed

it; the location of the burn; and the type, amount, and nature of the combustible

substances. The regional supervisor shall not grant a waiver if a college, school, licensed

day care, hospital, licensed rest home, or other similar institution is less than 500 feet

from the proposed burn site when such institution is occupied.

shingles and other roofing materials, items containing natural or synthetic rubber, or any

materials other than plant growth shall not be burned; however, kerosene, distillate oil, or

diesel fuel may be used to start the fire;

(D) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no

combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on

the following day;

(E) No fires are initiated or vegetation added to existing fires when the North Carolina Forest

Service has banned burning for that area; and

(F) Materials are not carried off-site or transported over public roads for open burning unless

the materials are carried or transported to:

(i) Facilities permitted in accordance with 15A NCAC 02D .1904 (Air Curtain

Burners) for the operation of an air curtain burner at a permanent site; or

(ii) A location, where the material is burned not more than four times per year, that

meets all of the following criteria:

(I) At least 500 feet from any dwelling, group of dwellings, or commercial

or institutional establishment, or other occupied structure not located on

the property on which the burning is conducted.

(II) There are no more than two piles, each 20 feet in diameter, being

burned at one time.

(III) The location is not a permitted solid waste management facility.

(3) camp fires and fires used solely for outdoor cooking and other recreational purposes, or for

ceremonial occasions, or for human warmth and comfort and which do not create a nuisance and

do not use synthetic materials or refuse or salvageable materials for fuel;

(4) fires purposely set to public or private forest land for forest management practices for which

burning is acceptable to the North Carolina Forest Service and which follow the smoke

management plan as outlined in the North Carolina Forest Service's smoke management program;

(5) fires purposely set to agricultural lands for disease and pest control and fires set for other

agricultural or apicultural practices for which burning is currently acceptable to the Department of

Agriculture;

(6) fires purposely set for wildlife management practices for which burning is currently acceptable to

the Wildlife Resource Commission;

(7) fires for the disposal of dangerous materials when it is the safest and most practical method of

disposal;

(8) fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing

laboratories, or other persons, for the purpose of testing or developing these materials or

equipment in accordance with a standard qualification program;

(9) fires purposely set for the instruction and training of fire-fighting personnel at permanent fire-

fighting training facilities;

(10) fires purposely set for the instruction and training of fire-fighting personnel when conducted under

the supervision of or with the cooperation of one or more of the following agencies:

(A) the North Carolina Forest Service;

(B) the North Carolina Insurance Department;

(D) North Carolina community colleges, including:

(i) the North Carolina Fire College; or

(ii) the North Carolina Rescue College;

(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction

and training of fire-fighting personnel, provided that:

(A) The regional office supervisor of the appropriate regional office and the HHCB have

been notified according to the procedures and deadlines contained in the appropriate

regional notification form. This form may be obtained by writing the appropriate

regional office at the address in Rule .1905 of this Section and requesting it, and

(B) The regional office supervisor has granted permission for the burning. Factors that the

regional office supervisor shall consider in granting permission for the burning include

type, amount, and nature of combustible substances. The regional office supervisor shall

not grant permission for the burning of salvageable items, such as insulated wire and

electric motors or if the primary purpose of the fire is to dispose of synthetic materials or

refuse. The regional office supervisor of the appropriate regional office shall not

consider previously demolished structures as having training value. However, the

regional office supervisor of the appropriate regional office may allow an exercise

involving the burning of motor vehicles burned over a period of time by a training unit or

by several related training units. Any deviations from the dates and times of exercises,

including additions, postponements, and deletions, submitted in the schedule in the

approved plan shall be communicated verbally to the regional office supervisor of the

appropriate regional office at least one hour before the burn is scheduled; and

(12) fires for the disposal of material generated as a result of a natural disaster, such as tornado,

hurricane, or flood, if the regional office supervisor grants permission for the burning. The person

desiring to do the burning shall document and provide written notification to the regional office

supervisor of the appropriate regional office that there is no other practical method of disposal of

the waste. Factors that the regional office supervisor shall consider in granting permission for the

burning include type, amount, location of the burning, and nature of combustible substances. The

regional office supervisor shall not grant permission for the burning if the primary purpose of the

fire is to dispose of synthetic materials or refuse or recovery of salvageable materials. Fires

authorized under this Subparagraph shall comply with the conditions of Subparagraph (b)(2) of

this Rule.

consequences, damages or injuries that may result from this conduct. It does not excuse or exempt any person from

complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction

even though the open burning is conducted in compliance with this Section.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-394, s.2;

Eff. July 1, 1996;

Amended Eff. June, 13 2016; March 19, 2015; July 3, 2012; July 1, 2007; December 1, 2005;

June 1, 2004; July 1, 1998.

15A NCAC 02D .1904 AIR CURTAIN BURNERS

(a) Air quality permits are required for air curtain burners subject to 40 CFR 60.2245 through 60.2265, 60.2810

through 60.2870, 60.2970 through 60.2975, or 60.3062 through 60.3069 or located at permanent sites or where

materials are transported in from another site. Air quality permits are not required for air curtain burners located at

temporary land clearing or right-of-way maintenance sites for less than nine months unless they are subject to 40

CFR 60.2245 through 60.2265, 60.2810 through 60.2870, 60.2970 through 60.2975, or 60.3062 through 60.3069.

The operation of air curtain burners in particulate and ozone nonattainment areas shall cease in any area that has

been forecasted by the Department, or the Forsyth County Environmental Affairs Department for the Triad air

quality forecast area, to be in an Air Quality Action Day Code "Orange" or above during the time period covered by

that forecast.

(b) Air curtain burners shall comply with the following conditions and stipulations:

(1) The wind direction at the time that the burning is initiated and the wind direction as forecasted by

the National Weather Service during the time of the burning shall be away from any area,

including public roads within 250 feet of the burning as measured from the edge of the pavement

or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the

burning;

(2) Only collected land clearing and yard waste materials may be burned. Heavy oils, asphaltic

materials, items containing natural or synthetic rubber, tires, grass clippings, collected leaves,

paper products, plastics, general trash, garbage, or any materials containing painted or treated

wood materials shall not be burned. Leaves still on trees or brush may be burned;

(3) No fires shall be started or material added to existing fires when the North Carolina Forest Service

has banned burning for that area;

(4) Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.;

(5) The air curtain burner shall not be operated more than the maximum source operating hours-per-

day and days-per-week. The maximum source operating hours-per-day and days-per-week shall

be set to protect the ambient air quality standard and prevention of significant deterioration (PSD)

increment for particulate. The maximum source operating hours-per-day and days-per-week shall

be determined using the modeling procedures in Rule .1106(b), (c), and (f) of this Subchapter.

This Subparagraph shall not apply to temporary air curtain burners;

(6) An air curtain burner with an air quality permit shall have onsite at all times during operation of

the burner a visible emissions reader certified according to 40 CFR Part 60, Method 9 to read

visible emissions, and the facility shall test for visible emissions within five days after initial

operation and within 90 days before permit expiration;

(7) Air curtain burners shall meet manufacturer's specifications for operation and upkeep to ensure

complete burning of material charged into the pit. Manufacturer's specifications shall be kept on

site and be available for inspection by Division staff;

(8) Except during start-up, visible emissions shall not exceed ten percent opacity when averaged over

a six-minute period except that one six-minute period with an average opacity of more than ten

percent but no more than 35 percent shall be allowed for any one-hour period. During start-up, the

visible emissions shall not exceed 35 percent opacity when averaged over a six-minute period.

Start-up shall not last for more than 45 minutes, and there shall be no more than one start-up per

day. Instead of complying with the opacity standards in this Subparagraph, air curtain burners

subject to:

(A) 40 CFR 60.2245 through 60.2265 shall comply with the opacity standards in 40 CFR

60.2250;

(B) 40 CFR 60.2810 through 60.2870 shall comply with the opacity standards in 40 CFR

60.2860;

60.2971; or

(D) 40 CFR 60.3062 through 60.3069 shall comply with the opacity standards in 40 CFR

60.3066;

(9) The owner or operator of an air curtain burner shall not allow ash to build up in the pit to a depth

higher than one-third of the depth of the pit or to the point where the ash begins to impede

combustion, whichever occurs first. The owner or operator of an air curtain burner shall allow the

ashes to cool and water the ash prior to its removal to prevent the ash from becoming airborne;

(10) The owner or operator of an air curtain burner shall not load material into the air curtain burner

such that it will protrude above the air curtain;

(11) Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to

start the fire; and

(12) The location of the burning shall be at least 300 feet from any dwelling, group of dwellings, or

commercial or institutional establishment, or other occupied structure not located on the property

on which the burning is conducted. The regional office supervisor may grant exceptions to the

setback requirements if a signed, written statement waiving objections to the air curtain burning is

obtained from a resident or an owner of each dwelling, commercial or institutional establishment,

or other occupied structure within 300 feet of the burning site. In case of a lease or rental

agreement, the lessee or renter, and the property owner shall sign the statement waiving objections

to the burning. The statement shall be submitted to and approved by the regional office supervisor

before initiation of the burn. Factors that the regional supervisor shall consider in deciding to

grant the exception include: all the persons who need to sign the statement waiving the objection

have signed it; the location of the burn; and the type, amount, and nature of the combustible

substances.

Compliance with this Rule does not relieve any owner or operator of an air curtain burner from the necessity of

complying with other rules in this Section or any other air quality rules.

daily log of specific materials burned and amounts of material burned in pounds per hour and tons per year. The

logs at a permanent air curtain burner site shall be maintained on site for a minimum of two years and shall be

available at all times for inspection by the Division of Air Quality. The owner or operator of an air curtain burner at

a temporary site shall keep a log of total number of tons burned per temporary site. Additionally, the owner or

operator of air curtain burner subject to:

(1) 40 CFR 60.2245 through 60.2265 shall comply with the monitoring, recordkeeping, and reporting

requirements in 40 CFR 60.2245 through 60.2265;

(2) 40 CFR 60.2810 through 60.2870 shall comply with the monitoring, recordkeeping, and reporting

requirements in 40 CFR 60.2810 through 60.2870;

(3) 40 CFR 60.2970 through 60.2975 shall comply with the monitoring, recordkeeping, and reporting

requirements in 40 CFR 60.2970 through 60.2975; or

(4) 40 CFR 60.3062 through 60.3069 shall comply with comply with the monitoring, recordkeeping,

and reporting requirements in 40 CFR 60.3062 through 60.3069.

(d) Title V Considerations. Burners that have the potential to burn 8,100 tons of material or more per year may be

subject to Section 15A NCAC 02Q .0500, Title V Procedures.

(e) Prevention of Significant Deterioration Consideration. Burners that burn 16,200 tons per year or more may be

subject to 15A NCAC 02D .0530, Prevention of Significant Deterioration.

(f) A person may use a burner using a different technology or method of operation than an air curtain burner as

defined under Rule .1902 of this Section if he demonstrates to the Director that the burner is at least as effective as

an air curtain burner in reducing emissions and if the Director approves the use of the burner. The Director shall

approve the burner if he finds that it is at least as effective as an air curtain burner. This burner shall comply with all

the requirements of this Rule.

(g) In addition to complying with the requirements of this Rule, an air curtain burner subject to:

(1) 40 CFR Part 60, Subpart CCCC that commenced construction after November 30, 1999, or that

commenced reconstruction or modification on or after June 1, 2001, shall also comply with 40

CFR 60.2245 through 60.2265, or

(2) 40 CFR Part 60, Subpart EEEE that commenced construction after December 9, 2004, or that

commenced reconstruction or modification on or after June 16, 2006, shall also comply with 40

CFR 60.2970 through 60.2975.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10); 143-215.66; 143-215.108; 40 CFR

60.2865; S.L. 2011-394, s.2;

Eff. July 1, 1996;

Amended Eff. July 3, 2012; July 1, 2007; December 1, 2005; August 1, 2004.

15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS

Inquiries, requests and plans shall be handled by the appropriate Department of Environment and Natural Resources

regional offices. They are:

(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778

(2) Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem, North Carolina 27107;

(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115;

(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27611;

(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North

Carolina 28301;

(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; and

(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405.

History Note: Authority G.S. 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. December 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5,

2016.

15A NCAC 02D .1906 DELEGATION TO COUNTY GOVERNMENTS

(a) The governing body of any county or municipality or group of counties or municipalities may establish a partial air

pollution control program to implement and enforce this Section provided that:

(1) It has the administrative organization, staff, financial and other resources necessary to carry out such a

program;

(2) It has adopted appropriate ordinances, resolutions, and regulations to establish and maintain such a

program; and

(3) It has otherwise complied with G.S. 143-215.112 "Local Air Pollution Control Programs."

(b) The governing body shall submit to the Director documentation demonstrating that the requirements of Paragraph (a)

of this Rule have been met. Within 90 days after receiving the submittal from the governing body, the Director shall

review the documentation to determine if the requirements of Paragraph (a) of this Rule have been met and shall present

his findings to the Commission. If the Commission determines that the air pollution program is adequate, it shall certify

the local air pollution program to implement and enforce this Section within its area of jurisdiction.

(c) County and municipal governments shall not have the authority to issue permits for air curtain burners at a permanent

site as defined in 15A NCAC 02D .1904.

(d) The three certified local air pollution programs, the Western North Carolina Regional Air Quality Control Agency,

the Forsyth County Environmental Affairs Department, and Mecklenburg County Air Quality, a Division of Land Use

and Environmental Services Agency, shall continue to enforce open burning rules as part of their local air pollution

programs.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.112;

Eff. July 1, 1996;

Amended Eff. December 1, 2005; June 1, 2004.

15A NCAC 02D .1907 MULTIPLE VIOLATIONS ARISING FROM A SINGLE EPISODE

(a) Multiple violations arising from a single episode of open burning may result in multiple civil penalties. Factors the

Director shall consider in determining the number of violations per episode of open burning include:

(1) the type of material burned,

(2) the amount of material burned,

(3) the location of the burn, and

(4) any other factor relevant to air pollution control or air quality.

(b) Each pile of land clearing or road maintenance debris that does not comply with the specifications of 15A NCAC

02D .1903(b)(2) shall constitute a separate violation.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);

Eff. July 1, 2007.