Current through Register Vol. 41, No. 3, September 23, 2024
A. Open
burning may be used for the following forest management practices provided the
burning is conducted in accordance with the Department of Forestry's smoke
management plan to:
1. Reduce forest fuels
and minimize the effect of wild fires.
2. Control undesirable growth of
hardwoods.
3. Control disease in
pine seedlings.
4. Prepare forest
land for planting or seeding.
5.
Create a favorable habitat for certain species.
6. Remove dead vegetation for the maintenance
of railroad, highway and public utility right-of-way.
B. In the absence of other means of disposal,
open burning may be used for the following agricultural practices to:
1. Destroy undesirable or diseased
vegetation.
2. Clear orchards and
orchard prunings.
3. Destroy empty
fertilizer and chemical containers.
4. Denature seed and grain that may no longer
be suitable for agricultural purposes.
5. Prevent loss from frost or freeze
damage.
6. Create a favorable
habitat for certain species.
7.
Destroy strings and plastic ground cover remaining in the field after being
used in growing staked tomatoes.
C. Open burning may be used for the
destruction of vegetative debris generated by highway construction and
maintenance programs conducted by the Virginia Department of Transportation
(VDOT) provided the burning is conducted in accordance with VDOT's best
management practices (BMP) for vegetative debris and the following requirements
are met:
1. The department has approved the
BMP.
2. The local department
regional office shall be notified at least five business days before
commencement of a burn.
3. No
liquid accelerants (e.g., diesel, motor oil, etc.) or other prohibited
materials (e.g., building debris, treated wood, painted wood, paper, cardboard,
asphaltic materials, tires, metal, garbage, etc.) shall be used.
4. No burn activity shall be conducted in a
VOC emission control area from May 1 through September 30 or in violation of
§ 10.1-1142 of the Code of Virginia.
5. No more than one burn event per regular
burn site shall be scheduled or commenced per 60-day period.
6. The open burn shall be extinguished for
reasons including but not limited to the following:
a. Unfavorable meteorological conditions
(i.e., high winds or air stagnation);
b. Official declaration by a governmental
entity of a pollution alert, code red air quality action day, or air quality
health advisory where the burn activity is occurring; or
c. The emission of smoke, ashes, dust, dirt,
odors, or any other substance creates a threat to public health, a nuisance, a
pollution problem, a fire hazard, a safety hazard, or impairment to visibility
on traveled roads or airports.
Statutory Authority: § 10.1-1308 of the Code of
Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air
Act; 40 CFR Parts 51 and 60.
