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Natural Gas Leasing Yates County Marcellus Shale Task Force Soybean / Small Grain Congress 2/3/10 Holiday Inn, Batavia 2/4/10 Holiday Inn, Waterloo 4-H SPAGHETTI DINNER THURSDAY, February 25, 2010 more info Pesticide Training and Recertification Series

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To burn or not to burn: taking a closer look at the new open burning regulations. Megan Fenton, Cornell Cooperative Extension             Not long ago many families had their own “garbage dump” in the back hedgerow or “back 40” of their property.  As society became more aware of the impact on the environment of open dumps, legislation was passed to mandate refuse be taken to municipal waste handling facilities. It by no means was a cheaper, however, most people understood the importance of properly handling wastes to minimize the impact on air, water, wildlife and the environment in general.             With the ban on “open burning” starting October 15th of 2009 by the New York State Department of Environmental Conservation (DEC), people must again reexamine their waste handling procedures at the home and agricultural level to avoid possible fines.    The new regulations have led to considerable confusion and questions that inherently may lead to noncompliance.  To help understand the regulations, the following questions will be addressed below:  “What can and can’t I do under the new open burning regulations?”, “Why did the DEC put a ban on open burning?” and “What do I do with the agricultural plastics now?” Let’s begin at the domestic level in regards to handling household trash.  Burning trash in an open pit or burn barrel is now prohibited in all cases.  Previous legislation restricted the burning of household trash in woodstoves, fireplaces and outdoor wood boilers.  There are several exclusions for domestic, ceremonial and recreational purposes.  Ceremonial or celebratory bonfires are allowed.  Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.  Small cooking fires, including barbeque grills are allowed.  These fires cannot be left unattended and must be fully extinguished after use.  The burning materials must only be charcoal or clean, dry, untreated or unpainted wood.  There are also exclusions for household brush.  Burning of leaves is prohibited.  In towns with a total population less than 20,000, you may burn tree limbs with attached leaves.  The limbs must be less than 6 inches in diameter and 8 feet in length.  However, this is not allowed from March 16 through May 14 due to the increased risk of wildfires.              There are also new regulations that pertain specifically to agriculture.  Agricultural wastes can still be burned with the following guidelines.  On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a 24-hour period.  The DEC defines agricultural wastes as any waste from naturally grown products such as vines, trees and branches from orchards, leaves and stubble.  In addition, any fully organic waste either grown or generated on the premises, including but not limited to: paper feed bags, wood shavings used for livestock bedding, bailing twine, and other non-plastic materials.  The following agricultural wastes that have commonly been burned in the past and are now specifically prohibited include pesticide containers, fertilizer bags, large plastic storage bags (including bags commonly known as "Ag bags"), plastic mulch films, offal, tires, plastic feed bags, and other plastic or synthetic materials.  The use of smudge pots is still permitted, however the smudge pot must be fueled by liquid petroleum and burning tires or other materials for smudge purposes is not allowed.  Fires to control plant and animal disease outbreaks are allowed, however they must be approved on a case by case basis by the DEC.  Fires can be used to control invasive species, and DEC approval is not required. The restrictions are tight and the exceptions are many but they must be followed to make legal decisions about open burning and to avoid possible fines.             It is often much easier to accept more restrictive regulations if they serve a valid public purpose. The DEC states the major reason for the new regulations is to protect public health and the environment from the release of dangerous chemical compounds including arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, hydrogen cyanide and dioxin, etc.  When household refuse and agricultural plastics are burned in a burning barrel or open pit this is known as open combustion.  Dr.  Lois Levitan from the Cornell University Environmental Risk Analysis Program reported that emissions are exponentially higher in open combustion then from a controlled incineration of such waste that can be done at a waste treatment facility. A 1994 Environmental Protection Agency report states that open burning produces 20 times the dioxins and 40 times the particulate matter released into the environment as compared to controlled incineration. Dioxins are associated with disrupting multiple endocrine pathways, increasing the risk for heart disease, cognitive disability, endometriosis and the increased risk of breast cancer. Open burning is also the single greatest cause of wildfires in New York. Agriculture and the Plastic Revolution             In regards to agriculture, there is another component that is not quite as obvious. Very recently agriculture has seen the dramatic increase in the use of plastic technology. Plastic use in agriculture is creating greater efficiencies and in some cases more sustainable practices.  Examples of plastic substitutions include concrete silos that were used to hold silage and haylage have now been replaced in many cases with “Ag Bags” that are made out of low density polyethylene (LDPE) plastic. Greenhouses were once fixed structures made out of concrete and glass and in most cases the glass has been replaced with clear LDPE plastic film.  To improve feed quality, hay bales are now wrapped in plastic, bagged seed and grain is transported in plastic shrink-wrap, vegetable farms use plastics row covers to control weed pressure while using less pesticides and the nursery industry uses a multitude of plastics trays and pots to sell their product in a convenient way that consumers demand. The substitution of plastic has been greatly beneficial to many agricultural producers and consumers. However, Dr. Levitan reported that approximately 50% of agricultural plastics are being burned, with the remaining plastics being dumped or buried on sight.  In the past, there were few alternatives to burning and burying onsite.  In expectation of the recent DEC actions, many alternatives are now being developed to provide farmers options to recycle these valuable plastics.             So what are the alternatives to burning agricultural wastes? In the past, recycling agricultural plastics was not feasible for a multitude of reasons.  Agricultural plastic recycling presents a challenge as the markets are unstable; they are widely dispersed over a rural landscape; they are usually dirty and degraded from UV light; and the cost to the farmer is high.  Funding from the New York State Environmental Protection Fund has recently been provided to help offset the costs of an agricultural plastics recycling program.  The Recycling Ag Plastics Project (RAPP) at Cornell University is currently developing infrastructure and markets for waste film and rigid plastics from dairy, livestock and horticulture.             As farmers refrain from burning and burying their agricultural plastics there are a couple things they can do to ensure that the plastics leave their farm legally and possibly even generate a little revenue.  The most important factor is to keep the plastics as clean as possible; this will be easier for horticultural plastics vs. agricultural plastics used in the dairy industry.  Collect the plastic in a dry location that is not exposed to sunlight, the sun will degrade the plastic.  Researchers suggest storing the plastic in unused hay wagons. Make best efforts to keep the different types of plastic together. After collecting and properly storing the plastics, they need to be baled so that they can be efficiently shipped to a processor.  The Yates County Cornell Cooperative Extension in cooperation with the Yates County Soil and Water Conservation District is working to host a “Recycling Agricultural Plastics Field Day” this spring.  This field day will have a plastic baler on site to demonstrate how agricultural plastics can be baled.  Educational information will be provided and potential markets for “clean”, baled agricultural plastics will be discussed (and hopefully available).  By making a few changes to how we treat plastics at home and on the farm, we can truly mitigate our environmental impact. If you are interested learning more about how you can recycle your agricultural plastics and/or take part in this new program, please contact Megan Fenton at the address below. For more information please contact:  Cornell Cooperative Extension of Yates County 417 Liberty Street Penn Yan, New York 14527 315-536-5123

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Cornell Cooperative Extension | Cornell University | Last Update 1/27/09

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