Outdoor Burning in Texas - Texas Municipal League

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OUTDOOR BURNING IN TEXASburning—for example, which way (and how fast) the windis blowing, whether winds are expected to shift, whetheryour area is under a temperature inversion, and whetherhigh ozone levels are forecast.How do I report somebody who isconducting illegal outdoor burning?Report the burning to the local air pollution control office,or the nearest TCEQ regional office. The TCEQ’s EnvironmentalComplaint Hotline is 888-777-3186. Complaintscan also be submitted by e-mail at or on the agency web site using the online form.Exceptions to the ProhibitionThe standard exceptions, explained below, cover themost common situations in which burning is an acceptablepractice. In most of these instances, the burningmust follow the general requirements outlined later in thisdocument. It may be necessary to notify the TCEQ, localgovernmental agencies, and neighbors before conductingburning under one of these exceptions. See Appendix A fordetails on notification requirements in specific situations.There may be local ordinances or county burn bans thatregulate burning; if so, the requirements and restrictions ofthose ordinances must also be met.Firefighter TrainingOrganizations that train firefighters may obtain authorizationto conduct outdoor burning for such training,including training in the operation of fire extinguishers. Toobtain an authorization, the organization responsible for thetraining must send a written request to the local air pollutioncontrol agency under contract with the TCEQ or, if there isno such agency, the appropriate TCEQ regional office. For alist of regional offices, see Appendix B.If training occurs regularly at a dedicated facility, it maybe possible to inform the regional office of all such trainingevents with one annual written notification. If a dedicatedtraining facility conducts training regularly but less oftenthan once a week, a telephone or fax notification will benecessary 24 hours in advance of each event.Burning conducted to train firefighters does not have toconform to the general requirements for other forms of allowableoutdoor burning, but it must not cause a nuisance ortraffic hazard. The TCEQ may revoke its authorization if itis used in an attempt to avoid complying with other portionsof the Outdoor Burning Rule.We want to conduct fire training forour volunteer fire department.Can we burn this abandoned house?The training of firefighters may be authorized as anexception to the prohibition on outdoor burning. Submit awritten request on behalf of the VFD to the local air pollutioncontrol agency, or, if there is no local agency, theTCEQ office for your region. The TCEQ may authorize suchtraining orally or in writing; if it denies the request, yourVFD will receive a notice of denial within 10 working daysafter the postmark date or the date of personal delivery ofthe request to the regional office. To ensure that the fire willnot form or disperse toxic substances, the local air pollutioncontrol agency or the reviewing TCEQ regional office mayrequire that the building be stripped of many common constructionmaterials—including electrical wiring, lead flashing,carpet, asbestos, and many others—before the fire is ignited.Note that the burning of abandoned buildings by a firedepartment is not automatically considered fire training.There must be a specific benefit to the fire department. Simplypreventing the spread of fire from an abandoned buildingto neighboring property is not considered training. Suchburns constitute an attempt to circumvent the prohibitionsin the Outdoor Burning Rule and are prohibited.Fires for Recreation, Ceremonies,Cooking, or WarmthOutdoor burning is allowed when used solely forrecreational or ceremonial purposes, in the noncommercialpreparation of food, or exclusively as a means of generatingwarmth in cold weather. In other words, campfires, bonfires,and cooking fires are allowed. Fires built under this exceptionmay not contain electrical insulation, treated lumber, plastics,construction or demolition materials not made of wood,heavy oils, asphaltic materials, potentially explosive materials,chemical wastes, or items containing natural or syntheticrubber. The other general requirements on allowable outdoorburning do not apply to fires covered by this exception, butthe burning must not cause a nuisance or traffic hazard.May I cook food on my charcoalgrill in my backyard?Yes. Fires used in the noncommercial preparation of foodare allowed.May I build a fire in my fireplace?Yes. Indoor fires are not regulated by the Outdoor BurningRule. Domestic-use fireplaces are authorized under theTCEQ’s de minimis rules in 30 TAC 116.119.4 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
OUTDOOR BURNING IN TEXASAre campfires allowed inside the city limits?Sometimes. Fires used solely for recreation or ceremonyare allowed by state law; however, local ordinance mayprohibit this kind of burning. Make sure no oils, asphalt,synthetic rubber, or other materials that produce heavysmoke are in the fire: they could release toxic gases or cause anuisance or traffic hazard.Fires for Disposal or Land ClearingA broad exception for fires to dispose of waste or clearland covers seven more specific categories, described below.Residents of Montgomery County are subject to special restrictions(see below); these restrictions could be extended toother areas of the state should growth in neighboring countiesrender them subject to the provisions of Local GovernmentCode 352.082.1. Domestic waste. Domestic waste—in other words,household trash or rubbish—may be burned when the localgovernmental organization with jurisdiction over such mattersdoes not collect trash and does not authorize a businessor other service to do so. To qualify for this exception, thewaste must come from a property that is (1) designed tobe a private residence and (2) used exclusively as a privateresidence for no more than three families. The waste mustalso be burned on the property where it was produced. Accordingto TCEQ rules [30 TAC 101.1(26)], domestic wastesinclude wastes that normally result from the function of lifewithin a residence—for example, kitchen garbage, untreatedlumber, cardboard boxes, packaging, clothing, grass, leaves,and branch trimmings. Such things as tires, constructiondebris, furniture, carpet, electrical wire, and appliances arenot considered to be domestic waste and cannot be burned.Other conditions of the general requirements for outdoorburning do not apply to the burning of domestic waste, butthe outdoor burn must not cause a nuisance or traffic hazard.2. Diseased animal carcasses. These may be burnedwhen burning is the most effective means of controllingthe spread of disease. The general requirements for outdoorburning do not apply to this exception, but burning underthis exception must not cause a nuisance or traffic hazard.3. Burning of animal remains by a veterinarian. A veterinarianmay burn animal remains and medical waste—notincluding sharps (e.g., needles)—associated with animals inhis or her care on his or her property if the property is locatedoutside the corporate boundaries of a municipality (orwithin the corporate boundaries of a municipality if annexedon or after September 1, 2003). This section prevails overany other law that authorizes a governmental entity to abatea public nuisance. (Occupations Code 801.361.)4. On-site burning of waste plant growth. Trees, brush,grass, leaves, branch trimmings, or other plant growth maybe burned on the property on which the material grew. Theplant growth must be burned by the property owner or anyother person authorized by the owner. Additional requirementsand restrictions apply depending on the attainmentstatus of the county where the burning takes place.All designated nonattainment counties and someattainment counties. Burning of waste plant growth isallowed only if the material was generated as a result ofright-of-way maintenance, land clearing, or maintenancealong water canals. Burning in these areas is allowedonly when no practical alternative exists. Burning carriedout under this exception must conform to all the generalrequirements for outdoor burning.Most attainment counties. Burning of waste plantgrowth is allowed regardless of the activity that generatedthe material. Practical alternatives need not beconsidered. Burning carried out under this exceptionmust conform to some of the general requirements foroutdoor burning, specifically the burning must conformto the requirements in 30 TAC 111.219(3, 4, 6, 7)(see Appendix C). Such burning is also subject to localordinances which prohibit burning in the corporatelimits of a city or town. Some attainment counties aretreated as nonattainment counties for the purposes ofthis exception. Specifically, any attainment county thatcontains any part of a municipality that extends into abordering nonattainment county is treated as a nonattainmentcounty for the purposes of this exception.To determine if your county is an attainment or a nonattainmentcounty for the purposes of this exception, call yourregional TCEQ office. TCEQ regional office phone numbersappear in Appendix B.5. Designated burn sites. This exception allows ruralhomeowners to transport their yard waste to a designatedsite for consolidated burning, rather than having numeroussmaller fires in the yards of rural neighborhoods. All burningat a designated site must be directly supervised by a firedepartmentemployee. Designated burn sites must be locatedoutside the corporate limits of a municipality and withina county that has a population of less than 50,000. Thesite must be designated by its owner; designation does notrequire registration with the agency. A site is designated by:• posting all entrances to the site with a placard measuringat least 2 feet wide by 4 feet high bearing specificinformation as provided in 30 TAC 111.209(5)(A) (seeAppendix C)—each placard must be clearly visible andlegible at all times; andTEXAS COMMISSION ON ENVIRONMENTAL QUALITY 5
Page 6 and 7: OUTDOOR BURNING IN TEXAS• specify
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Outdoor Burning in Texas - Texas Municipal League

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