Serving Sutter and Yuba Counties 

Proposed Modification to Regulation II, Rule 2.0, 

Open Burning 

Staff Report 

October 6, 2008 

Proposed Rule Adoption Date: - October 6, 2008-
RE: Proposed Modifications to Regulation 2-0pen Burning 

Schedule of Meetings 

• Date of Public Workshop: 3:00 p.m. on August 21, 2008, Sutter County Agricultural 

Commissioner's Office Conference Room, 142 Garden Highway, Yuba City, CA 

95991 

• Scheduled Date of Public Hearing: 4:00 p.m. on October 6, 2008, Yuba County 

Government Center, 918 8th Street, Marysville, CA, 95901 

Open Burning Regulation 

Date of Release: August 4, 2008 

Scheduled Date of Adoption: 4:00 p.m. October 6, 2008 

Feather River Air Quality Management District, 938 141h Street, Marysville, CA, 95901 

Contents Page 

Executive Summary ....................................................................................................... 2 

1. Introduction ............................................................................................................... 3 

2. Background .............................................................................................................. 3 · 

3. Cost and Socioeconomic Impacts ............................................................................. 3 

4. Environmental Impacts ............................................................................................. 4 

5. Public Comment ........................................................................................................ 4 

6. Required Findings ..................................................................................................... 6 

Attachment A 

Attachment B 

Table of Regulation II Amendments Differences on the District's Existing 

Rules & Regulations 

. . 

Proposed Lineout/Strikeout of Regulation II, Rule 2.0 
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Findings and recommendations specific to each program area reviewed are included in the report. From 

May through August 2005, ARB staff conducted a review of the Feather River Air Quality Management 

District's air quality program. In addition to reviewing all District programs, the comprehensive review 

done by ARB staff included the District compliance program's Agricultural Bum Program. ARB staff 

presented an outline of proposed review activities that covered the scope, method, and content of the 

program evaluation, general logistics, and time lines related to this effort. Following the entrance 

conference, staff initiated a review ofthe program areas identified in May 2005, with the major field 

inspection activity finishing by August 2005. Staff examined files and records, interviewed District 

staff and management, and conducted inspections of permitted sources. 

The District has a comprehensive set of rules for agricultural burning and for other open (nonagricultural) burning. The rules are consistent with the Smoke Management Guidelines in Title 1 7, and 

with the non-agricultural and agricultural burning rules in the Health & Safety Code (HSC), except for a 

permit exemption that is inconsistent with section 41852 of the California Health and Safety code. 

Regulation II- Open Burning, section H.2 (a), under Exemptions to Permit Requirements, exempts the 

burner of agricultural pesticide sacks from having a permit to bum. The HSC section 41852 states that 

"no one shall set or permit agricultural burning unless he has a valid permit ... " 

Pesticide sacks qualify as materials that may be burned as agricultural waste, and are listed as examples 

in section 80101 (r) (2) (B) ofthe Smoke Management Guidelines for Agricultural and Prescribed 

Burning in Title 17 of the California Code of Regulations. The definition of "Open burning in 

agricultural operations in the growing of crops or raising of fowl or animals" includes "The burning of 

materials not produced wholly from such operations, but which are intimately related ... and which are 

used in the field." ARB recommended the District amend its rule that no one may bum pesticide sacks 

without obtaining a valid agricultural bum permit. 

The following Staff Report was developed to provide information regarding the specific changes and 

additions to the Open Burning Regulation and to provide the justification for the necessary 

modifications. 
The purpose of the regulation is to ensure open burning in the District is conducted in a manner that 

minimizes emissions and smoke and is managed consistent with state and federal law. 

This regulation is applicable to any person or land manager conducting or allowing any open burning 

within Yuba and Sutter counties including agricultural burning, non-agricultural burning, and 

residential burning. 

2.0 BACKGROUND: 

Regulation II, Open Burning sets conditions, requirements, and prohibitions for all open burning 

programs regulated by the District conducted within Yuba and Sutter Counties, including agricultural 

burning, non-agricultural burning, and residential burning. The modifications the District is proposing 

affect all or part of each open burning program. 

3.0 COST AND SOCIOECONOMIC IMPACTS: 

The District does not expect cost impacts for the modifications to the agricultural programs. Cost 

impacts are expected due to permitting fee for burning pesticide sacks of forty two dollars ($42.00). 

Below is a summary ofthe study as it affects Yuba and Sutter counties and discusses the impacts that 

the Rules modified may have on consumers as well as costs to businesses and local, state, and federal 

agencies. 

Consumer Costs 

The District does not expect consumer cost impacts unless the affected users (crop duster 

operators/pesticide applicators) pass on costs. 

Employment, Business Creation, Elimination or Expansion 

The proposed rule modifications are not expected to have a noticeable impact on the status of California 

businesses. The primary businesses affected would be waste service providers as well as operators of 

private recycling centers and waste disposal facilities for plastic agricultural chemical containers. The 

regulation may actually create some business opportunities and employment for California waste 

service providers in areas where either additional pest control advisors and operators opt into service 

where service for container disposal. New or expanded opportunities could also be created for 

recycling facilities. 
The intent of the proposed Rule modifications to improve air quality and protect the public health by 

reducing the public's exposure to potentially harmful emissions of dioxins, other toxic air 

contaminants, and particulate matter produced during the burning of plastic chemical containers. 

5.0 PUBLIC COMMENT 

A public workshop was held on August 21, 2008, to provide a forum for public comment. All pest 

control advisers and operators were notified via mail, and a public notice of the workshop and hearing 

was published in the Appeal Democrat on July 21, 2008. · 

No comments were received during the workshop. The public hearing for adoption will be held on 

October 6, 2008 to consider modifying Rule 2.0. 

6.0 REQUIRED FINDINGS 

Findings required by Division 26 of the California Health and Safety Code requires local districts to 

comply with a rule adoption protocol as set forth in Section 40727 of the Code. This section has been 

revised through legislative mandate to contain six findings that the District governing board must make 

before adopting, amending, or repealing a rule or regulation. These findings and their definitions are 

included in Table 1. 

In addition, Section 40727.2 of the Code requires preparation of a written analysis by the District to 

identify all existing federal air pollution control requirements, any of the District's existing or proposed 

rules and regulations that apply to the same equipment or source type, and all air pollution control 

requirements and guidelines informed to the District in response to the annual published list of 

proposed regulatory action by the District. 

There are no known existing federal control requirements for open burning. Control requirements 

typically are contained in the Code of Federal Regulations under various programs like National 

Emissions Standards for Hazardous Air Pollutants (NESHAPs), New Source Performance Standards 

(NSPS), New Source Review standards (NSR), Prevention of Significant Deteorization (PSD), and the 

State Implementation plan (SIP). 

District rules and regulations that apply to the same source type are Regulation !-General Provisions, Regulation II (Yuba & Sutter)-Open Burning, Regulation III-Stationary Sources, Regulation IV-
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the regional agency to adopt, amend, or 40001, 40702, and 41865 are 

repeal the regulation. provisions of law that provide air 

districts with the authority to 

adopt these proposed rules and 

regulations. 

Necessity The District has demonstrated that a It IS necessary for districts to 

need for the rule, or for rule amendment adopt these amendments to 

or repeal. comply with state law and to 

ensure consistency with 

neighboring air districts. 

Clarity The rule is written or displayed so that There is no indication, at this 

its meaning can be easily understood by time, that the proposed rules are 

the persons directly affected by it written in such a manner that 

persons affected by the rule can 

not easily understand it. 

Consistency This rule is in harmony with, and not in These rules are consistent with 

conflict with or contradictory to, applicable statutory requirements. 

existing statutes, court decisions, or 

State or federal regulations. 

Non- The rule does not impose the same Any duQlication with existmg 

Duplication requirements as an existing State or state or federal regulations IS 

federal regulation, unless the District necessary or QroQer to execute the 

finds that the requirements are QOWers and duties of the Feather 

necessary and proper to execute the River Air Qualitv Management 

powers and duties granted to, and District. 

imposed upon, the District 

Reference Any statute, court decision, or other The proposed rule has been 

provision of law that the District developed to meet the 

implements, interprets, or makes requirements of Section 39666 of 

specific by adopting, amending, or the California Health and Safety 

repealing a regulation. Code. 
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1.1 Definitions Delete contrary and out dated definitions 

II Entire Regulation Refer to summary in Section 2.0 of Adopt proposed regulation 

this Staff Report 

Ill 3.1 (a) update rule numbers references Open burning as authorized in Regulation II 

3.1(b), (c), & (d) 3.2 

IV 4.3(d)(6) 

VII 7.8 

X 10.1 

10.2 1 0.3(B)(28) 

XI 11.5 

11.7(b)(2) 

11 .7(c) (1) & (2) 

update rule numbers references 

combustion contaminants from 

incinerators 

ATC/PTO Exemptions 

Burning Fees 

Open biomass Burning 

ERG's from open biomass burning 

Title V Incinerators 

Medical Waste Incinerators 

Fireplace & Wood Stove 

Prohibited materials Penalty Structure 

Delete specific open burning rule exemptions 

Amend last sentence to read "In measuring the 

combustion contaminants from stationary source 

incinerators used to dispose of permitted materials 

by burning .. .. " 

Remove exemption for residential incinerators 

Update fees to cover agricultural, non-agricultural, 

and residential burning. 

No change 

No change No change No change 

Update list of prohibited materials to reference 

Regulation II E.13 

Update to reference only the Health & Safety Code 

sections, delete set amounts.