Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Open Burning And Amendment9 topic
No spam. Unsubscribe anytime.
Board finalizes SB 342 open-burning exemption for vegetative waste and withdraws broad Amendment 9
Summary
DEQ presented and the board adopted a new optional off-site open-burning exemption for vegetative waste required by Senate Bill 342 and voted to withdraw Amendment 9, a previously proposed package of solid-waste changes cited as discretionary and costly.
The Virginia Waste Management Board on [date of meeting] adopted a final regulation implementing chapter 2-35 of the 2024 Acts of Assembly (Senate Bill 342) to allow an optional off-site open-burning exemption for vegetative waste and voted to withdraw a separate, broader package known as Amendment 9.
Priscilla Rohr, DEQ's solid waste compliance coordinator, summarized the final regulation required by the new law and the criteria developed by a regulatory advisory panel. She said the exemption applies only to vegetative waste (defined in existing regulations as materials such as brush, leaves, roots, stumps and clean wood) and allows transport of that waste to another property for open burning when it is "impractical or unsafe" to burn on the originating private property. The final language imposes several limits and safety requirements: brush piles at uncontrolled sites must be no larger than one-third of an acre and no taller than 15 feet; off-site burning would be limited to once every 60 days for up to 72 hours; no more than 100 cubic yards may be burned at a time; fire marshal notification is required; setbacks and other fire-safety and air-quality safeguards must be followed; and off-site burning is prohibited in VOC emissions-control areas.
Staff recommended adoption of the amendment in response to Chapter 2-35; a motion and second were recorded and the board approved the final regulation with "aye" votes and no recorded opposition.
Separately, Secretary of Natural and Historic Resources Stephanie Tallon presented agenda item 7 recommending withdrawal of Amendment 9 to the Virginia Solid Waste Management Regulations. Tallon said Amendment 9 contained discretionary changes (including increased landfill setbacks, expanded monitoring and operational requirements, and new sampling and reporting provisions) that the executive review found were unnecessary, could impinge on local government authority, and duplicate authorities already available through permitting. Tallon cited an estimated annual industry cost of at least $20,700,000 as one reason to withdraw the package. "For these reasons, I recommend the board withdraw the action Amendment 9 to the Virginia Solid Waste Management Regulations," she said.
Board discussion included a member noting they had previously voted to approve Amendment 9 but, with more operational experience, now supported withdrawal. A motion to withdraw Amendment 9 was moved and seconded and passed with aye votes and no recorded opposition.
Why it matters: the SB 342 regulation establishes a narrowly tailored optional pathway for off-site vegetative burning with prescriptive controls intended to protect public safety and air quality, while the withdrawal of Amendment 9 removes a previously proposed set of prescriptive changes that state leadership viewed as discretionary and potentially burdensome to industry and local governments.
What's next: DEQ will carry forward the adopted SB 342 regulatory language as a final regulation and will implement notice and compliance procedures; Amendment 9 will not proceed as a final regulation at this time.
