United States Environmental Protection Agency Region 10
April 2005
Fact Sheet
Rule for General Open Burning Permits
(40 Code of Federal Regulations Part 49 Section 132)
What is the purpose of this rule?
The Rule for General Open Burning Permits sets up a permit
program for open burning on the Nez Perce Indian Reservation and on
the Umatilla Indian Reservation. People on these reservations who want
to perform open burning will need to get a permit. Open burning is the
burning of materials where the smoke, gasses, chemicals, and other
products from the burning enters the air directly, without first going
through a chimney, flue, vent, or other similar path. Open burning
includes burning in burn barrels. Cultural and traditional open burning is
not affected by this rule.
Why is this rule important?
Open burning releases many toxic chemicals into the air, including
dioxins. Dioxins can cause many health problems, such as cancer. Smoke
from open burning also contains pollutants such as particulate matter,
sulfur dioxide, lead, and mercury. These pollutants can increase cases of
asthma, emphysema, and other respiratory diseases. The EPA's goal is to
reduce this kind of air pollution by eliminating opening burning where
other disposal methods are available and practical. If other disposal
methods are not available, the EPA encourages using burning methods
that have the least impact on human health and the environment.
Using permits for open burning on the Nez Perce Indian Reservation
and the Umatilla Indian Reservation will allow the EPA to manage air
quality on these reservations more effectively.
To whom does this rule apply?
This rule is for the Nez Perce Indian Reservation and the Umatilla
Indian Reservation only. The EPA has been working with these tribes to
manage burning through intergovernmental agreements. Because of this
experience, the EPA decided to set up open burning permit programs on
these reservations before setting up programs on other reservations.
Therefore, the Rule for General Open Burning Permits applies to anyone
who conducts open burning within the Nez Perce Indian Reservation and
within the Umatilla Indian Reservation.
The rule does not apply to the following activities:
•	Outdoor fires set for cultural or traditional purposes
•	Fires set inside structures such as sweat houses or lodges for cultural
or traditional purposes
•	Campfires or other fires set for recreational purposes as long as no
banned materials are burned
•	Forestry and silvicultural burning
•	Agricultural burning.
Federal Air Rules for Indian Reservations
in Idaho, Oregon, and Washington
What is the FARR? The Federal Air Rules for
Indian Reservations in Idaho, Oregon, and
Washington, also called the FARR, is a set of air
quality regulations established under the Clean
Air Act. The FARR creates rules to manage
activities that cause air pollution.
The FARR applies to all residents (both tribal
members and non-tribal members) and
businesses located within the exterior boundaries
of reservations in Idaho, Oregon, and
Washington. The ownership status of land on the
reservation does not affect how the rules apply.
What will the FARR do? The FARR will protect
human health and the environment for 200,000
people on reservations in the Pacific Northwest.
The FARR will also:
•	Establish federal air quality rules where EPA-
approved state or tribal air quality programs do
not exist
•	Make air quality standards on reservations
consistent with standards off of reservations
•	Build capacity for tribes to develop tribal air
programs.
Fact Sheet Series
The FARR includes 16 rules that address various
air quality issues:
49.122 Partial Delegation of Administrative
Authority to a Tribe
49.124	Visible Emissions
49.125	Particulate Matter
49.126	Fugitive Particulate Matter
49.127	Woodwaste Burners
49.128	Particulate Matter Emissions from Wood
Products Industry Sources
49.129	Sulfur Dioxide
49.130	Sulfur Content of Fuels
49.131	Open Burning
49.132	General Open Burning Permits
49.133	Agricultural Burning Permits
49.134	Forestry and Silvicultural Burning Permits
49.135	Emissions Detrimental to Public Health
or Welfare
49.136	[Reserved]
49.137	Air Pollution Episodes
49.138	Registration of Air Pollution Sources and
Report of Emissions
49.139	Rule for Non-Title V Operating Permits

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Fact Sheet-Rule for General Open Burning Permits
Page 2
What are the requirements of this rule?
Anyone conducting open burning must first get a
permit. This rule describes the requirements for applying
for the permit and getting approval for the permit. People
on the Nez Perce Reservation must get permits starting on
June 7, 2005. People on the Umatilla Indian Reservation
must get permits starting on January 1, 2007. There will
be specific instruction sheets and permit applications
available for each of the affected reservations.
To get an open burning permit, a permit application
must be completed and submitted to the EPA. The
application must be submitted in writing at least 1 working
day but no more than 5 working days before the date of the
open burning.
The application may ask for the following
information:
•	Street address or legal description of the property
where the burning will take place.
•	Name, mailing address, and telephone number of the
person responsible for the open burning.
•	A map or plan showing the location of the burn and
property lines. Distances and directions to the nearest
residential and commercial properties must be shown.
•	A list of the type and amount of material to be burned.
An estimate of the volume of material and an estimate
of the area over which the burn will take place must
also be included.
•	A description of how burns will be prevented from
escaping. The availability of water, use of fire
suppression equipment, and construction of fire breaks
must be described.
•	The desired date or dates of the open burn.
Several factors will be considered before the
application is approved. The open burning (and the
material to be burned) must comply with the General Rule
for Open Burning. (See separate fact sheet for more
information on this rule.) Other factors that will be
considered include the size and location of the burn; how
long the burn will last; expected air quality conditions;
expected weather conditions; and whether other burns are
scheduled in the area.
If the application is approved, the EPA will issue a
permit. On the day of the open burn, the EPA will approve
the permit for burning and the burning will be allowed.
The permit will include specific conditions for the open
burn, and the burn must be carried out according to the
conditions listed in the permit. The requirements of the
FARR General Rule for Open Burning will also apply. The
permit must be available on-site during the burning.
When does this rule take effect?
This rule is effective June 7, 2005. The final rule was
published in the Federal Register on April 8, 2005.
• Any other information requested on the application.

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