5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 SJVUAPCD 1990 E. Gettysburg Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governin Board APPROVEAGR~CUL~URAL BURNING REPORT AND PROPOSED FINDINGSAND RECOMMENDATIONS May20, 2010 BEFORE THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

INTHE MATTER OF: APPROVE AGRICULTURAL BURNING REPORT AND PROPOSED FINDINGSAND RECOMMENDATIONS ) RESOLUTION NO. 10-05-22 

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WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a duly constituted unified air pollution control district, as provided in the California Health and Safety Code (CH&SC) Sections 41050 et seq. and 40600 et seq.; and

WHEREAS, said District is authorized by the CH&SC Section 40702 to make and enforce all necessary and proper orders, rules, and regulations to accorr~plish the purpose of Division26 of the CH&SC; 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 CH&SC, the SJVAB has been classified as a nonattainment area for the state health-based air quality standards for ozone and PM2.5; and

WHEREAS, CH&SC Section 41855.5 requires the District to regulate the burning of diseased crops and establish best management practices for the control of other weeds and maintenance, and prohibits the District from issuing permits for the open burning of certain agricultural materials through a phase-in schedule, where the final phase commencing on June 1, 2010 prohibits the District from issuing permits for the open burning of vineyard removals, surface harvested prunings, and other materials, except as provided in CH&SC 41855.6; and

WHEREAS, CH&SC Section 41855.6 authorizes the Districtto continueto 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, -1- Resolution forAgricultural Burning Report and Proposed Findings and Recommendations1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 SJVUAPCD 1990 E. Gettysburg Fresno,CA 93726

(559) 230-6000 SJVUAPCD Governin Board APPROVEAGRICULQ~RAL BURNING REPORTAND PROPOSED FINDINGSAND RECOMMENDATIONS May20, 2010 (b) that there is no long-term federal or state funding commitment for the continued operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning, (c) that the continued issuance of permitsfor a specific category or crop will not cause or substantially contribute to a violation of an applicable federal ambient air quality standard, and (d) the California Air Resources Board (ARB) concurs with the District's determinations; and

WHEREAS, the District has already addressed the first three phases of the burn prohibition deadlines in prior amendments to Rule 4103 (Open Burning) in September 2004, May 2005, and May 2007; but is revisiting previously adopted postponements for orchard removals of citrus, fig, apple, pear, and quince crops; orchard removal of less than 20 acres at a single location; prunings from fig, apple, pear, and quince crops; weed abatement affecting waterways (ponding and levee banks); and phase-down of rice straw burning; and

WHEREAS, the District is addressing the CH&SC Sections 41855.5 and 41855.6 reql-~irementsin a two-step process. The first step was the revised proposed amendments to Rule 4103 (Open Burning), approved by the Governing Board on April 15, 2010, which incorporated the provisions of CH&SC Sections 41855.5 and 41855.6 intothe rule. The second step is the approval of a comprehensive report, "Staff Report and Recommendations onAgricultural Burning" (Report), required under Section 6.3 of the April 15, 2010 amended version of Rule 4103 to satisfy the requirements from CH&SC Sections 41855.5 and 41855.6 by presenting the District's findings and recommendationsfor specified agricultural materials; and

WHEREAS, a public hearing for the Revised Proposed Staff Report and Recommendations on Agricultural Burning was duly noticed for May 20, 2010, in accordance with the CH&SC Section 40725. 

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-2- Resolution forAgricultural Burning Report and Proposed Findings and Recommendations20 2 1 22 23 24 25 26 27 28 SJVUAPCD 1990 E. Gettysburg Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governin Board APPROVEAGRICUL~URAL BURNING REPORTAND PROPOSED FINDINGSAND RECOMMENDATIONS May20, 2010

NOW, THEREFORE, BE IT RESOLVEDAS FOLLOWS:

1. The Governing Board hereby approves the Report and Proposed Findings and Recommendations, attached hereto and incorporated herein by this reference, as required by CH&SC Section 41855.6 for any postponement in burn prohibitions contained in CH&SC Section 41855.5; including the following determinations for each postponement contained in the Report:

a. There are no economically feasible alternative means of eliminating the wastefor the specified crop types; b. There is no long-term Federal or State funding commitments for the operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning; c. The continued issuance of burn permits for these crop types would tiot cause or substantially contribute to a violation of an applicable federal ambient air quality standard; and d. ARB staff has reviewed the Revised Proposed Staff Report and Recommendations on Agricultural Burning. ARB will consider formal concurrence of said determinations at theARB Board Meetingon May 27, 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. The Governing Board hereby finds that the requirements of the CH&SC Section 40728.5 to perform a cost effectiveness analysis do not applyto the Revised Proposed Staff Report and Recommendations on Agricultural Burning because the determinations 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

-3- Resolution for Agricultural Burning Report and Proposed Findings and Recommendations28 SJVUAPCD 1990 E. Gettysburg Fresno, CA 93726

(559)230-6000 SJVUAPCD Governin Board APPROVEAGR/CUL?URAL BURNING REPORTAND PROPOSED FINDINGSAND RECOMMENDATIONS May20,2010 socioeconornic impact analysis for any regulations that significantly affect air quality or strengthen an emission limitation does not apply because the effects on air quality and emission limitations from said determinations are already established by the CH&SC Sections 41855.5 and 41855.6, and said determinations do not strengthen those emission limitations.

4. In connection with said determinations and based on the evidence and information presented at the hearing upon which its decision is based, the Governing Board makesthe following findings:

a. lmplementation of said determinations from the Revised Proposed Staff Report and Recommendations on Agricultural Burning will reduce emissions of PM2.5, oxides of nitrogen (NOx), volatile orgarlic corr~pounds(VOC), and oxides of sulfur (sox);b. The estimated emission reductions will benefit San Joaquin Valley public health by reducing unhealthful ambient concentrations of ozone and particulate matter;

c. Techniques and technologies that are econorr~ically feasible for specific crop types are available and currently in use in the San Joaquin Valley; d. Complying with said determinations are not expected to constitute an undue burden on affected industries;

e. lmplementation of said determinations will advance longstanding commitments by the District to implement every feasible measure for the reduction of ozone and particulate matter precursors.

4. The District has completed an Initial Study for the Proposed Staff Report and Recommendations on Agricultural Burning that indicates the project will not result in any significant adverse effects to the environment, and a Proposed Negative Declaration has been prepared and properly noticed pursuant to the California Environmental Quality Act Guidelines (CEQA). The Governing Board of the District has duly considered said Initial Study and Proposed Negative Declaration. Accordingly,the Governing Board of the District:

-4- Resolution for Agricultural Burning Reportand Proposed Findings andRecommendations1



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(559) 230-6000 SJVUAPCD Governin Board APPROVEAGRICUL~URAL BURNING REPORT AND PROPOSED FINDINGSAND RECOMMENDATIONS May20, 201 0

a. Certifies that the attached Initial Study and Negative Declaration reflect the independent judgment of the District; and b. Approves and adopts the attached Negative Declaration for said rule pursuantto CEQA requirements.

5. In accordance with the provisions of Section 15075 of the California Environmental Quality Act Guidelines, the Executive DirectorIAir Pollution Control Officer is hereby directed to cause to be filed a Notice of Determination with the County Clerks of each of the counties in the District.

6. The Executive DirectorIAir 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 Section40728.

.7. The Executive DirectorIAir Pollution Control Officer is directed to transmit said ruleto the CaliforniaAir Resources Boardfor incorporation inthe State Implementation Plan.

8. The Governing Board authorizes the Executive DirectorIAir Pollution Control Officer to include 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. Ill Ill

-5- Resolution forAgricultural Burning Reportand Proposed Findings and Recommendations1 2 3 4 5 6 7 8 9 10 11 12

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' 25 26 27 28 SJVUAPCD 1990 E. Gettysbur! Fresno,CA 93726

(559) 230-6000 ;JVUAPCD Governin Board ~PPROVE AGRICUL~URAL BURNING REPORTAND PROPOSED FINDINGSAND ?ECOMMENDATIONS



### THE FOREGOING was passed and adopted by the following vote of the ;overning Board of the San Joaquin Valley Unified Air Pollution Control District this !Oth day of May 2010, 

### towit: AYES: Dominici, Ayers, Case, Telles, Watson Johnston, Vierra, Worthley



### NOES: Forman, Lane

ABSTAIN : O'Brien, Ornellas

ABSENT: Barba Miller, Nelson



### SANJOAQUIN VALLEY UNIFIED

U~overning Board 

# (/

Ierkto the Governing Board 3y

### AndL,.>J 

### Jddki4? 

### ~n&linaDeSantiago 

## d

-6- Resolution forAgricultural Burning Report anc Proposed Findings and Recommendation!