Open Burning Seasonal Restrictions

On June 21, 2006, the State Air Pollution Control Board adopted the latest version of the Open Burning Rule [Article 40 (9 VAC 5-40-5600 et. seq.) of Part II of 9 VAC 5 Chapter 40].  These changes were published in the Virginia Register on September 18, 2006, (23 VAR 28) with an effective date of October 18, 2006. 

The new rule contains seasonal restrictions on open burning for certain localities in the Northern Virginia, Richmond and Hampton Roads Emission Control Areas. The seasonal restrictions consist of a seasonal burning ban during the months of May, June, July, August, and September within those localities.  This link provides more information and a listing of those localities.

On March 26, 2007, the State Air Pollution Control Board adopted a variance to the Open Burning Rule that provides relief from the seasonal restrictions for Gloucester County until December 31, 2008.  The variance was published in the Virginia Register on April 16, 2007, (23 VAR 16) with an effective date of May 16, 2007. 

Local Open Burning Ordinance Approval

The State Air Pollution Control Board is vested with the authority to approve local ordinances relating to air pollution, including open burning (see §10.1-1321 B of  the Code of Virginia).

The Open Burning Rule includes a model local ordinance for local ordinances.  The model rule provides an example for localities developing open burning ordinances.  The model rule may be used without modification, or it may be made more stringent to address the jurisdiction’s needs; however, no ordinance can be approved that is less stringent than the Open Burning Rule.

Once a locality has decided to finalize an ordinance, it must be submitted for approval.  The request package should include a copy of a letter from the duly authorized representative of the county or city requesting approval by the State Air Pollution Control Board and a copy of the ordinance.  Submit the request package to:

              Mr. Michael G. Dowd

              Director, Air Division

              Department of Environmental Quality

              P. O. Box 1105

              Richmond, Virginia  23218

The Office of Air Regulatory Development is responsible for reviewing local open burning ordinances.  Staff is available to assist localities with the development of their ordinances.  If you wish to have a preliminary review of the local ordinance prior to making an official request for approval, send the request for preliminary review to:

              Mr. Robert Mann

              Director, Air Regulatory Development

              Department of Environmental Quality

              P.O. Box 1105

              Richmond, Virginia  23218

If you have questions or need additional information please contact: Beth Major, Environmental Program Manager, Office of Air Regulatory Development, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia, 23218 (e-mail: memajor@deq.virginia.gov) (phone number: 804-698-4423) (fax number: 804-698-4510).