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From the June 2008 issue

DEC Proposes Rule Change to Eliminate Open Burning

In an effort to reduce the impacts of pollutants such as dioxins, particulate matter and carbon monoxide, and to limit the risks of wildfires, DEC is proposing to extend the ban on open burning statewide. Open burning of residential wastes in any city or village, or in any town with a population of 20,000 or more has been prohibited since 1972.

Burning Releases a Witch's Brew of Toxins

Once considered harmless, open burning has been found to release more dangerous chemicals into the air than thought generations ago. A recent study by the U.S. Environmental Protection Agency, in conjunction with DEC and the State Department of Health, found that emissions of dioxins and furans from backyard burning alone were greater than all other sources combined for the years 2002-04. The study also found that burning trash emits arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, hydrogen cyanide and other harmful chemicals. Trash containing plastics, polystyrene, pressure-treated and painted wood, and bleached or colored papers can produce harmful chemicals when burned.

Photo of a burn barrel in action
Burning household garbage releases toxic chemicals such as arsenic, dioxins and hydrogen cyanide into the air

In addition to releasing pollutants, open burning is the largest single cause of wildfires in New York State. Data from DEC's Forest Protection Division show that debris burning accounted for about 40 percent of wildfires between 1986 and 2006-more than twice the next most-cited source. In 2006 alone, debris burning triggered 98 wildfires in the state.

A Public Health Issue

"This is a public health and safety issue," said DEC Commissioner Pete Grannis. "The trash we are burning has become more complicated and damaging to air quality over the decades. From dioxins to furans to arsenic, numerous toxic chemicals can be released by open burning-worries we didn't have several decades ago. Moreover, wildfires occur regularly from badly tended open fires. This proposal will reduce the chances of that happening."

The proposed rule does allow for a number of exceptions, including campfires, prescribed burns, celebratory bonfires (where allowed), fire training exercises, specialized burning to protect crops from frostbite and burning of agricultural wastes (though not agricultural plastics). Prior to releasing the proposal, DEC held meetings and received input from stakeholders and state agencies. Public hearings on the proposed rule change will take place across the state from June 23 through July 2. See the hearings schedule in the full press release.

Review and Comment

To review the proposal, go to the Proposed Revisions to Part 215-Open Fires web page, where you will also find instructions on mailing or e-mailing your comments. Also, see the Dangers of Open Burning web page for more information.