### STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES 

### AIR POLLUTION CONTROL REGULATION NO. 4 OPEN FIRES

Effective 2 August 1967 LastAmended 19July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws§ 42- 

### l 7.1-2(s) and 23-23 , as amended, and have been promulga ted pursuant to the procedures set forth in the R.I. Administrat ive Procedures Act, R.I. Gen. Laws Chapter 42-35.

### RHODE ISLAND DEPARTMENT OF ENVIRONMENT AL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 4 OPEN FIRES


### 4.1 Defmitions Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to the Rhode Island Air Pollution Control General Definitions Regulation. As used in this regulation, the following terms shall, where the context pennits, be construed as follows: 4.1.1 "Open fire," means any fire from which theproducts ofcombustion are emitted directly into the open air without passing through a stack. 4.1.2

### "Solid waste management facility" means any plant, structure, equipment and other real and personal property acquired, constructed oroperated for the purpose of processing, treating or disposing ofsolid wastes but not segregated solid waste. 4.1
.3 

### "Hazardous waste disposal facility" means real and personal property acquired, constructed or operated for the purpose ofthe disposal ofhazardous waste. 4.2 

### Prohibition It shall be unlawful for any person to bum any material in an open fire at a solid waste management facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation. 

### 4.3 Exemptions The following shall not be subject to this regulation: (a) Open burning for weed abatement orpest control after receiving written approval from the Director. (b) Bonfires composed ofclean, untreated wood or cellulose derivatives for festive occasions conducted by an institution. (c) Open burning ofsolid or liquid fuels or structures for the purpose ofinstruction and training ofmunicipal, volunteer and industrial firefighters in the method offighting fires when conducted under the direct control and supervision ofqualified instructors after Paget of3

### receiving written approval from the Director. (d) Open burning ofcombustible material after demonstration to the satisfaction ofthe Director that no alternative and practical method ofdisposal ofsaid material is available. Alternative disposal methods may include chipping, cutting for forest products, landfilling, piling for protective cover for wildlife and others. Persons wishing to bum must receive written approva l from the Director and demonstrate that approval has been granted by the municipality in which burning is to take place. Such burning must be conducted: (1) 

### during pe1iods ofgood atmospheric ventilation. (2) without causing a nuisance. (3) With smoke minimizing starters ifstarters or starting aids are used. 4.4 Effect on Local Ordinances 

### This regulation does not preclude a municipality from prohibiting or attaching any more stringent conditions to any open burning 4.5 General Provisions 

### 4.5.1 Purpose The purpose ofthis regulation is to prohibit burning ofany material in an open fire at a solid waste facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation
. 4.5.2 Authority These regulations are authorized pursuant to R.I. Gen. Laws§ 42-17.1-2(s) and 23

-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, 

### R.I. Gen. Laws Chapter 42-35
4.5J 

### Applieatiofl The terms and provisioftS oftliis regulation shall be liberally eo0strued to permit the Department to effectuate the purposes 

### ofstate lavt', goals 

### and policies. 

### 4.5.4 Severability If



### any provision ofthis regulation or the application thereofto any person or circumstance, is held invalid by a court ofcompetentjurisdiction, the validity ofthe remainder ofthe regulation Page 2of3shall not be affected thereby.
4.5.5 Effective Date The foregoing regulation, "Open Fires'', as amended, after due notice, is hereby adopted and filed with the Secretary ofState this 29th day of June , 20.QL_ to become effective twenty (20) days thereafter, in accordance with the provisions ofChapters 23-23, 42-35, 42- 17.l , 42-17.6, ofthe General Laws ofRhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director Department ofEnvironmental Management

Notice Given on: February 21, 2007 Public Hearing held: March 

### 23, 2007 Filing Date: June 29, 2007 Effective Date: July 19, 2007

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