SJMlAPCD 

b90 E. Gettysbug Ave. 

Fresno, CA 93726 

(559) 2304000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS RULE 4103 (OPEN BURNING) April 15, 20 10 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MAlTER OF: REVISED PROPOSED RESOLUTION NO. 10-04-12 

AMENDMENTS TO RULE 4103 (OPEN 

BURNING) I 

WHEREAS, the San Joaquin Valley Unified ~i'r Pollution Control District (District) is a 

duly constituted unified air pollution control.district, as provided in the California Health 

and Safety Code Sections 41 050 et seq. and 40600 et seq.; and 

WHEREAS, said district is authorized by the California Health and Safety Code 

Section 40702 to make and enforce all necessary and proper orders, rules, and 

regulations to accomplish the purpose of Division 26 of the California Health and 

Safety Code; and 

WHEREAS, pursuant to Section 107 of the Federal Clean Air Act, the San Joaquin 

Valley Air Basin (SJVAB) has been classified as a nonattainment area for the national 

health-based air quality standards for ozone and particulate matter with aerodynamic 

diameter of 2.5 micrometers or less (PM2.5); and 

WHEREAS, pursuant to Section 39608 of the California Health and Safety Code, the 

SJVAB has been classified as a nonattainment area for the state health-based air 

quality standards for ozone and PM2.5; and 

WHEREAS, the California Health and Safety Code (CH&SC) Section 41855.5 

prohibits the District from issuing permits for open burning of certain agricultural 

materials based on four phase-down schedules. The District has already addressed 

the first three phases of the burn prohibition deadlines in prior amendments to Rule 

41 03 (Open Burning) in September 2004, May 2005, and May 2007. The final phase 

of the CH&SC open burn prohibition deadline which is set for June 1, 2010 is being 

addressed in a two-step process. The first step is the revised proposed amendments 

to Rule 4103 which incorporate the provisions of the CH&SC into Rule 4103 (Open 

Burning), which will allow the District to periodically review changes in agricultural 

-1 - Resolution for Revised Proposed 

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SJWAPCD 

10 E. Gettysburg Ave. 

Fresno, CA $3720 

(559) uo6ooo 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS RULE 4103 (OPEN BURNING) April 15. 2010 

practices and consider non-burning alternatives for agricultural materials. The second 

step is a comprehensive report, "Staff Report and Recommendations on Agricultural 

Burning", on the economic and technological feasibility of alternatives to open burning 

of agricultural materials, which will be submitted to ,the Governing Board for 

consideration in May 2010 as a separate action; and 

WHEREAS, the CH&SC Section 41855.6 authorizes the District to issue burn permits 

For agricultural materials or crops if the District determines all of the following: (a) that 

there is no economically feasible alternative means of eliminating the waste, (b) that 

there is no long-term federal or state funding commitment for the continued operation 

of biomass facilities, (c) that the continued issuance of permits for a specific category 

or crop will not cause or contribute to a violation of an applicable federal ambient air 

quality standard, and (d) provided the California Air Resources Board concurs with the 

District's determinations; and 

WHEREAS, a public hearing for the revised proposed amendments of Rule 4103 

(Open Burning) was duly noticed for April 15, 2010, in accordance with the CH&SC 

Section' 40725. 

NOW, 'THEREFORE, BE IT RESOLVED AS FOLLOWS: 

1. The Governing Board hereby adopts Proposed Amendments to Rule 4103 

(Open Burning). Said rule shall become effective on June 1, 2010. 

2. The Governing Board hereby finds, based on the evidence and information 

presented at the hearing upon which its decision is based, all notices required to be 

given by law have been duly given in accordance with the.CH&SC Section 40725, and 

the Governing Board has allowed public 'testimony in accordance with the CH&SC 

Section 40726. 

3. In connection with said rulemaking, the Governing Board makes the following 

findings as required by CH&SC Section 40727: 

a. NECESSITY. The Governing Board finds, based on the staff report, on 

public and industry testimony, and on the record for this rulemaking proceeding, that a 

-2- Resolution for Revised Proposed 

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WAPCD 

H) E. G-burg Ave. 

Fresno, CA 93726 

(558) 2304OOO 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS RULE 4103 (OPEN BURNING) April 15,2010 

need exists for the said rule. Said action is necessary to meet the requirements of the 

CH&SC Sections 41855.5 and 41855.6. 

b. AUTHORITY. The Governing Board finds that it has the legal authority for 

said 'rulemaking under the CH&SC Sections 40000 and 40001. 

c. CLARITY. The Governing Board finds that said rule is written or 

displayed so that the meaning can be easily understood by those persons or industries 

directly affected by said rule. 

d. CONSISTENCY. The Governing Board finds that said rule is in 

harmony with, and not in cor~flict with or contradictory to, existing statutes, court 

decisions, or state or federal regulations. 

e. NOMDUPLICATION. The Governing Board finds that said rule does not 

impose the same requirements as any existing state or federal regulation. 

f. REFERENCE. The Governing Board finds that said rulemaking 

implements the CH&SC Sections 41855.5 and 41855.6. 

4. The Governing Board hereby finds that the requirements of the CH&SC Section 

40728.5 to perform a cost effectiveness analysis for said rule amendments do not 

apply because the amendments do not implement Best Available Retrofit Control 

Technology, but merely implement the requirements of the CH&SC Sections 41855.5 

and 41855.6. Additionally, the requirements of the CH&SC Section 40920.6 to 

perform a socioeconomic impact analysis for any rule amendments that significantly 

affect air quality or strengthen an emission limitation does not apply because the 

effects on air quality and emission limitations from said rule amendments are already 

established by the CH&SC Sections 41855.5 and 41 855.6, and said amendments do 

not strengthen those emission limitations. 

5. In connection with said rulemaking and based on the evidence and information 

presented at the hearing, upon which its decision is based, the Governing Board has 

determined that it is appropriate to incorporate the.aforementioned CH&SC Sections 

41 855.5 and 41 855.6 burn prohibitions of agricultural materials. 

-3- Resolulian for Revised Proposed 

Amenaments to Rule 4103 
SJVUAPCD 

)O E. Gottyebug Avo. 

Fresno, CA 93726 

(559) 2306000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS RULE 4103 (OPEN BURNING) April 15, 201 0 

6. The Governing Board finds that. because said rulemaking will have no possible 

significant environmental impacts on the environment, the proposed action is exempt 

from the provisions of the California Environmental Quality Act of 1970 (CEQA) under 

provisions of Section 15061 (b)(3) of the State CEQA guidelines. 

7. The Executive DirectorlAir Pollution control Officer is hereby directed to cause 

to be filed a Notice of Exemption with the County Clerks of each of the counties in the 

District. 

9. The Executive DirectorlAir Pollution Control Officer is directed to file with all 

appropriate agencies certified copies of this resolution and the rule amended herein 

and is directed to maintain a record of this rulemaking proceeding in accordance with 

California Health and Safety Code Section 40728. 

8. The Executive DirectorlAir Pollution Control Officer is directed to transmit said 

rule to the California Air Resources Board for incorporation in the State Implementation 

Plan. 

10. The Governing Board authorizes the Executive DirectorlAir Pollution Control 

Officer to inckde in the submittal or subsequent documentation any technical 

corrections, clarifications, or additions that may be needed to secure EPA approval, 

provided such changes do not alter the substantive requirements of the approved rule. 

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Resolution for Revised Proposed 

Amendments to Rule 4103 
SJVUAPCD 

I90 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS RULE 4103 (OPEN BURNING) Aprir 15,2010 

THE FOREGOING was passed and adopted by the following vote of the 

Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 

15th day of April 2010, to wit: 

AYES: Ayers, Case, Dominici, Formant Johnstont Lane, 

Miller, Nelson, Telles, Vierra,, Watson, Worthley 

NOES: NoneABSENT: None. 

ABSTAIN: Barbat O1Brient Ornellas 

SAN JOAQLllN VALLEY UNIFIED 

PIReQLUTlO\CONTROL 1 DISTRICT 

.- by Ih* &.& &, \

Tony ~arbh, Chair 

Governing Board 

ATTEST: 

Clerk to the Governing Board 

Resolution for Revised Pmposed 

Amendments to Rule 4103