Burning of Waste

1. Burning of Waste SERO Waste Management Program

2. Topics of Discussion • Air Pollution Control Act of 1959 and the Pa DEP Air Resources Regulations • Solid Waste Management Act of 1980 and Pa DEP Municipal Waste Regulations • Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 • Issues with burning of waste • Current status concerning the burning of waste in Pennsylvania • What This means • Final words

3. Air Pollution Control Act • The Air Pollution Control Act (APCA) of 1959 This act amended by the legislature is the basis for the Air Resources regulations 25 Pa. Code Chapters 121-129 and 131-145. It is these regulations that the Pa Department of Environmental Protection Air Quality Management Program uses to implement and enforce the requirements of the law dealing with air quality.

4. Air Resources Regulations • Air Resources Regulation 25 Pa. Code Section 129.14 (a) Air basins. No person may permit the open burning of material in an air basin. The SERO area is in an air basin known as the Southeast Pennsylvania Air Basin – 5 county area. (Bucks, Chester, Delaware, Montgomery, Philadelphia)

5. Air Resources Regulations • Air Resources regulation 25 Pa. Code Section 129.14 (c) Exceptions. Allows among other things, (5) A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of the structure.

6. Solid Waste Management Act (SWMA) • The SWMA of 1980. This act and amendments by the legislature are the basis for the Municipal, Residual and Hazardous Waste regulations 25 Pa Code Chapters 271-285, 287-299 and 260a-270a. These regulations are used by the Waste Management Program to implement and enforce the requirements of the law. • The SWMA in section 6018.103 Definitions. Municipal, Residual and Hazardous wastes definitions include “…refuse…”

7. Solid Waste Management Act The SWMA defines Solid Waste as any waste, including but not limited to, municipal, residual, or hazardous wastes,…..

8. Solid Waste Management Act Section 6018.610 Unlawful conduct. Reads; It shall be unlawful for any person or municipality to; (3) Burn solid wastes without a permit from the department.

9. Municipal Waste Regulations Municipal Waste regulation Section 271.1 Definitions. Defines Yard Waste as; Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material. Section 271. 2 Scope. Paragraph (b) reads; management of the following types of …. waste….. shall be regulated as if the waste is municipal waste,…. (3) Leaf waste and grass clippings. (4) Waste….including trees, brush, stumps and vegetative material.

10. Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 This act commonly referred to as Act 101, in Section 103 defines Leaf waste as; Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings. In Section 104, Pari materia. – reads; This act shall be construed in pari materia with the SWMA.

11. Act 101 Chapter 15, RECYCLING AND WASTE REDUCTION Section 1501 (a)(b) define populations and population densities that are used to decide whether a municipality is mandated to implement a recycling program or not. Paragraph ( c ) defines the content of such a program. ( c ) (1) (ii) requires persons (in mandated communities) to separate leaf waste from other municipal waste generated at homes, apartments … until collection….. Mandated communities are to have a collection program.

12. Issues with Burning There is no right to burn waste. The SERO area is part of the Southeast Pennsylvania Air Basin. This basin is currently in non compliance for ground level ozone and particulate matter (PM) 2.5 standards. In addition, some recent sampling indicates presence of sulfites and nitrates, which are both produced by combustion, at levels that are of a concern. EPA study shows pollution from individual burning more contaminating than large municipal combustors.

13. Issues with Burning • Fine particulate matter poses a health threat because the body cannot easily filter it. These fine particles can lodge in the lungs causing ailments and disease. Open burning and other combustion processes are among the biggest contributors to PM fines formation in the atmosphere. It appears that open burning is now one of the biggest manmade sources of dioxin emissions.

14. Issues with Burning Nuisance to neighbors. Health issue with persons suffering from respiratory and other ailments. Especially the infirm, the very young and the elderly. Danger to public safety because of improper burning methodology

15. Current Status • Occasional recreational fires using only dry firewood are currently acceptable. Fires for cooking using fire wood, gas or charcoal are currently also acceptable. • Pa DEP as authorized, can enforce a burning prohibition if the burning activity harms or presents the threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

16. Current Status • Communities should not allow the burning of materials capable of being recycled. • Pa DEP does not issue residential permits for the burning of waste. In some cases (not in the SE air basin) residential burning may be possible pursuant 25 Pa Code Section 271.103 Permit-by-rule, Municipal Waste Regulations (d) Captive Processing facility. However according to paragraph ( c) of this regulation, the activity can not “present a threat of harm.” So in the SE air basin where the basin is already in non-compliance with standards any additional loading would “present a threat of harm.”

17. What This Means • Pa DEP would like municipalities to prohibit burning. Municipalities should develop ordinances to provide local instructions on how to manage waste materials without burning. Municipalities should look for ways to assist their residents to decrease the amount of waste generated and to increase recycling. • If municipalities allow the continued burning of non waste materials they should do so pursuant to ordinances with clear instructions and the methodology to be used and should clearly prohibit the burning of waste and materials capable of being recycled.

18. What This Means • If a person feels that they are being harmed by someone’s burning activity, and after contacting their local government officials, fire department and/or police, are not satisfied with the response, they may contact the Pa DEP. • SERO Pa DEP 24 hour phone number is 484-250-5900. • Pa DEP when called will respond first by phone to ensure local entities were contacted and to ensure incident is still occurring. If determined necessary the Pa DEP will respond to the incident scene.

19. What This Means • If Pa DEP responds to the scene of the incident, we will require that any burning of waste be ceased and the combustion source extinguished. If Pa DEP determines that a violation has occurred, further enforcement action can occur at the discretion of the Department. • This enforcement action could be taken solely against the person causing the violation but could also include local government if they allowed the activity to take place in violation of the Commonwealth’s laws, rules and regulations.

20. Final Words • Care about others in your community. • Do not burn. • Encourage recycling and recycle as many materials as you can. • Mulch your grass clippings, leaves and garden debris. • Compost when and where possible. • Contract with a private hauler or use your municipal resources for recycling and/or waste removal.