PLACER COUNTY

AIR POLLUTION CONTROL DISTRICT

PROPOSED REGULATION 3

OPEN BURNING

PROPOSED RULE AMENDMENTS

STAFF REPORT

February 9, 2012
2

This Page Intentionally Left Blank
3

Executive Summary

The purpose of this revision of the Placer County Air Pollution District’s (“District”) 

Regulation 3, Open Burning, is to address comments from the U.S. EPA, to make minor 

changes which make them easier to read, and to correct grammatical errors. In addition, 

Rule 102, Definitions, was included as two new definitions were added and minor 

changes were made to make definitions in Regulation 3 and Rule 102 consistent.

Discussion

On February 10, 2011, the District Board approved six (6) new rules on open burning

along with three (3) other rules that were amended. The six new rules, along with 

amended Rule 102, were sent to the California Air Resources Board to be forwarded to 

the U.S. EPA for inclusion into the District’s State Implementation Plan (SIP).

Prior to the adoption of the rules in February 2011, District staff worked diligently with 

U.S. EPA to adequately address U.S. EPA concerns. When the adopted rules were 

submitted to the U.S. EPA, they commented that one of the rules submitted, Rule 304, 

Land Development Burning needed changes before it could be approved into the SIP. 

District staff again worked with U.S. EPA staff on new proposed changes to satisfy the 

concerns of U.S. EPA staff.

With the proposed changes to Rule 304, Land Development Burning Smoke 

Management, having to be made, the District staff used this as an opportunity to review 

all of Regulation 3 rules and Rule 102, Definitions, for clarity and readability. This review 

has resulted in proposed changes to simplify and/or rearrange language, including 

making definitions more consistent and fixing grammar. A detailed listing of each of the 

Rule changes is included in Exhibits I through VI. The revised rules show the actual 

additions and deletions and are provided in Exhibits A through G.

The proposed changes to the burn rules, except for Rule 304, Land Development 

Burning Smoke Management, are not substantial changes to the District’s burn 

program. While numerous, they are minor in nature and make the reading of the rules 

easier and the meaning clearer.

For Rule 304, the changes suggested by the U.S. EPA allow the rule, with the addition 

of some criteria, to be included in the State Implementation Plan. Rule 304 is necessary 

because the terrain of Placer County goes from valley, to foothills, to mountains – and 

alternatives to burning are not always feasible or practical. For example, the 

development of a ski run requires the clearing of trees and other vegetation – typically 

on slopes that are very steep and that are not easily accessible to vehicles or 

equipment, and where mechanical removal or processing of vegetation may be 

prohibited by environmental concerns over soil compaction or disturbance. While large 

trees may be harvested for timber purposes and removed by helicopter, the removal of 

residual vegetation can be problematic. Since the proposed changes in Rule 304 are 

more significant, the following section discusses them.
4

Changes to Rule 304, Land Development Burning Smoke Management

• The District has included additional definitions.

• Burn Permits are now required to provide criteria under which burning can take 

place, particularly during identified days and seasons during the year. The 

changes now prohibit burning during the seasonal outdoor burn suspension for 

reasons of hazardous fire conditions and when there is a forecast of a violation of 

the national ozone standards. These provisions combine to effectively prohibit 

burning during the summer months when the high temperatures that cause 

ozone formation also results in hazardous fire conditions and the banning of 

burning. When burning is allowed by fire agencies, the District will prohibit 

burning when ozone forecasts indicate a violation of the national ozone 

standards may occur.

• In keeping with the District’s policy of encouraging alternatives to burning when 

feasible and practical, the District has included under the Burn Permits section,

wording that limits burning to a land development project involving a single or two 

family dwelling. Alternatively the applicant has to provide a demonstration that 

there is no practical alternative to burning and the APCO must approve the 

demonstration. The APCO may weigh the relative impacts on air quality, taking 

into consideration more densely populated regions, or a large burn versus a 

smaller one. The demonstration is included in the Burn Permit Application 

Information section of the rule.

• Although there is a provision in District Rule 607, Burn Permit Fees, for 

conducting an inspection when necessary, a new requirement has been added to 

require a compliance inspection for each land development burn permit that is 

issued before burning can occur. As the District’s population has grown, there 

has been increasing concern over smoke and land development burning and the 

proximity to populated areas. By inspecting each burn, the District assures that 

the rule and burn permit conditions are met. 

In conclusion, the rule changes provide better clarity and make the rules easier to read. 

The changes proposed in Rule 304 continue to provide the District with the ability to 

allow this type of burning when appropriate. With regard to Rule 304 and land 

development burning, there are additional reasons why such burning is minimized in 

practice.

• For land development activities, the District pro-actively works with developers in 

minimizing or eliminating the need to do this type of burning, especially, when an 

alternative exists to dispose of the vegetation, or smoke from burning could cause 

adverse impacts that could otherwise be prevented. Standard development 

conditions provided by the District during land development project review typically 

prohibit burning of cleared vegetation for the larger development projects.

• Land development burning is prohibited by ordinance in several Placer County cities 

and towns, or is prohibited in practice by the local fire agencies, so that burning is 

already prohibited in the more densely populated areas within city or town limits.
5

• The District’s proposed rule requires that the burning meet criteria as required by 

state law. These criteria include size limitations and drying times. Accordingly, larger 

trees cannot be burned without the removal of larger branches. In practice most of 

the larger pieces would be removed and utilized for firewood even if the District 

allowed such vegetation to be burned as a part of land clearing operations.

Public Outreach

The public hearing was noticed 30 days before the District’s Board Meeting on January 

10, 2012, in the Auburn Journal and the Lincoln News Messenger and then on January 

13, 2012, in the Tahoe World, on January 12, 2012, in the Placer Herald, and the Colfax

Record. As of this writing, there has been no written public comment.

Analysis and Findings

The following Analysis and the subsequent Findings are intended to address the 

requirements set forth in the California Health and Safety Code relating to adoption of a 

new or amended District Rule, as well as other State statutes referenced herein.

Cost-Effectiveness of a Control Measure

California Health & Safety Code (H&S) Section 40703 requires a District to consider and 

make public “the cost-effectiveness of a control measure”. The adoption of amendments to 

Regulation 3 and Rule 102 will not increase costs to any applicant or land manager 

seeking a permit for burning in Placer County.

Socioeconomic Impact

H&S Section 40728, in relevant part, requires the Board to consider the socioeconomic 

impact of any new rule if air quality or emission limits are significantly affected. However, 

Districts with a population of less than 500,000 persons are exempted from the 

socioeconomic analysis. In 2010, the population of Placer County was approximately 

348,432 persons (US Census Bureau), which means that the District is exempt from this 

requirement.
6

California Environmental Quality Act (CEQA)

The changes in Regulation 3, and Rule 102, Definitions, are administrative or result in 

more stringent limitations upon burning. The District’s burn program requirements largely 

remain the same because the proposed rules follow what is actually occurring already in 

practice through land-use and District burn permit conditions. California Public Resources 

Code Section 21159 requires that an environmental analysis of the reasonably 

foreseeable methods of compliance be conducted. Compliance with the proposed 

changes to Regulation 3, and Rule 102, Definitions, is not expected to result in a 

reduction in emissions. Therefore, the proposed regulation and rule changes will not 

cause any significant adverse effects on the environment and may result in reducing 

impacts. As noted in the Staff report, burning in some cases may alleviate the collateral 

detrimental impacts of removing unwanted vegetation though mechanical means. Staff 

has concluded that the changes will make the rules easier to read and more 

understandable, which in turn will make it easier for persons to comply.

Staff finds that the proposed rule is exempt from the California Environmental Quality 

Act (CEQA) because 1) the changes proposed are administrative or will lessen 

emission impacts from burning and are not expected to have a significant adverse effect 

on the environment (CEQA Guidelines §15061(b)(3)) and 2) it is an action by a 

regulatory agency for protection of the environment (Class 8 Categorical Exemption, 

CEQA Guidelines §15308).

Findings

A. Necessity – The changes to Regulation 3, and Rule 102, Definitions, allow for minor 

changes as noted in this staff report. The incorporated changes do not change the 

District’s administration of the program.

B. Authority – California Health and Safety Code, Sections 40000, 40001, 40701, and 

40702 are provisions of law that provide the District with the authority to amend this 

rule.

C. Clarity – The proposed changes are expected to result in the rules being easier to 

understand.

D. Consistency – The regulation is in harmony with, and not in conflict with or 

contradictory to, existing statutes, court decisions, or state or federal regulations.

E. Non-duplication – The regulation does not impose the same requirements as an 

existing state or federal regulation.

Reference – All statutes, court decisions, and other provisions of law used by the 

District in interpreting this regulation is incorporated into this analysis and this finding by 

reference.
7

Exhibits

Summary of Changes

Exhibit 1: Rule 301 - Non-Agricultural Burning Smoke Management

Exhibit 2: Rule 302 - Agricultural Waste Burning Smoke Management

Exhibit 3: Rule 303 - Prescribed Burning Smoke Management

Exhibit 4: Rule 304 - Land Development Burning Smoke Management 

Exhibit 5: Rule 305 - Residential Allowable Burning

Exhibit 6: Rule 306 - Open Burning of Non-Industrial Wood Waste at Designated 

Disposal Sites

Exhibit 7: Rule 102 - Definitions

Amendments Shown in Rules

Exhibit A: Rule 301 - Non-Agricultural Burning Smoke Management

Exhibit B: Rule 302 - Agricultural Waste Burning Smoke Management

Exhibit C: Rule 303 - Prescribed Burning Smoke Management

Exhibit D: Rule 304 - Land Development Burning Smoke Management 

Exhibit E: Rule 305 - Residential Allowable Burning

Exhibit F: Rule 306 - Open Burning of Non-Industrial Wood Waste at Designated 

Disposal Sites

Exhibit G: Rule 102 - Definitions
This Page Intentionally Left Blank
EXHIBIT 1

Summary of Changes

Rule 301, Nonagricultural Burning Smoke Management
This Page Intentionally Left Blank
EXHIBIT 1

Summary of Changes

Rule 301, Nonagricultural Burning Smoke Management

1

Changes to Section 100 General

• Section 101, Purpose - listed the order of burning types that are in the same order in 

Section 300, Standards.

• Section 102, Applicability

o Subsection 102.1, Geographic – wording is clarified.

o Subsection 102.2 – wording is clarified.

• Section 103, Exemptions

o Subsection 103.2, General Exemptions

 Subsection 103.2.1, Fire Hazard Reduction Burning Public Officer Waiver -

the words “or health hazard” have been added; they were in the original rules 

rescinded February 9, 2011 and had been left out, and additionally wording is 

clarified.

 Subsection 103.2.2, Recreational or Cooking Fire – grammar change.

 Subsection 103.2.4, Open Burning Conducted By Public Officers - section is

added. This section is added to outline that except for a burn permit, this type 

of burning is exempt from all other Sections of Section 300.

o Subsection 103.3, Exemptions, Minimum Drying Times

 Subsection 103.3.1 - wording is clarified and section reference changed.

 Subsection 103.3.2 - wording is clarified and section reference changed.

Changes to Section 200 Definitions

• Section 201, Allowable Combustibles - the word “waste” is replaced with 

“vegetation”.

• Section 202, Burn Barrel – wording is clarified.

• Section 204, Construction-Demolition Debris - grammar change.

• Section 205, Disallowed Combustibles - a clarification to putrescible is added and a 

grammar change.

• Section 211, Open Burning or Open Outdoor Fire – wording is clarified.

• Section 212, Permissive Burn Day or Burn Day – wording is clarified.

• Section 213, Processed or Treated Wood and Wood Products – grammar change.

• Section 214, Recreational or Cooking Fire

o Subsection 214.1 - wording is clarified.

o Subsection 214.2 - wording is clarified.

• Section 215, Right-Of-Way Clearing, Levee, Ditch, and Reservoir Maintenance 

Burning – this section has clarification language included, as recommended by the 

U.S. EPA, on examples of standing green vegetation. A change is made to call the 

“material” being burned “vegetation”.

Changes to Section 300 Standards

• Section 301, Prohibitions on Open Burning – grammar change.

• Section 302, Allowable Combustibles – a grammar change is made in addition to 

adding information on possible restrictions on the burning of poison oak and 

oleander.
EXHIBIT 1

Summary of Changes

Rule 301, Nonagricultural Burning Smoke Management

2

• Section 303, Fire Hazard Reduction Burning in Compliance with Local Ordinance –

this section is moved and is now Section 310.

• Section 304, Burn Permits – this section is now Section 303. 

o Subsection 304.1 - is now Subsection 303.1, removed the word “conduct”, and 

added language that provides for further subsections that outlines specific 

burning requiring a burn permit.

 Subsection 303.1.1 - Fire Hazard Reduction is added.

 Subsection 303.1.2 - Mechanized Burner is added.

 Subsection 303.1.3 - Open Burning Conducted by Public Officers is added.

 Subsection 303.1.4 – Right of Way Clearing, Levee, Ditch and Reservoir 

Maintenance is added.

o Subsection 304.2 - is now Subsection 303.2 and wording is clarified.

o Subsection 303.3 - is added which says there are possible prohibitions on the 

burning poison oak and oleander.

• Section 305, Permit Validity – is now Section 304 and the word “Burn” is added 

before “Permit” in the title.

o Subsection 305.1 - is now subsection 304.1 and wording is clarified.

o Subsection 305.2 - is now subsection 304.2

• Section 306, Burn Days – is now Section 305, wording is clarified and grammar 

changes.

• Section 307, Material Preparation and Drying Times – this section is now Section 

306. The word “material” in the title and in this section is replaced with “vegetation”.

o Subsection 307.1 is now 306.1, the word “material” is replaced with “vegetation”, 

and wording is clarified.

o Subsection 307.2 is now 306.2 and the word “material” is replaced with 

“vegetation”.

o Subsection 307.3 is now 306.3, with grammar changes.

o Subsection 307.4 is now 306.4, with grammar changes.

o Subsection 307.5 is now 306.5, with grammar changes.

o Subsection 307.6 is now 306.6 and wording is clarified.

o Subsection 307.6 is deleted.

• Section 308, Approved Ignition Devices – is now Section 307 and the word 

“material” is replaced with “vegetation”.

• Section 309, Wind Direction – is now Section 308 and wording is clarified.

• Section 310, Determination of Amount Burned Daily – is now Section 309 and 

wording is clarified.

• Section 310, Fire Hazard Reduction Burning in Compliance with Local Ordinance –

is old Section 305 which is moved to this section creating a new Section 310.

• Section 311, Mechanized Burner – the word “burn” is added before “permit”.

o Subsection 311.3 - the word “burn” is added before “permit” and the word 

“material” is replaced with “vegetation” and section references are corrected.

• Section 312, Open Burning Conducted By Public Officers – Clarifying language 

adding that a burn permit (Section 303, Burn Permits) is needed.

o Subsection 312.6 - a grammar change is made.
EXHIBIT 1

Summary of Changes

Rule 301, Nonagricultural Burning Smoke Management

3

• Section 313, Right-Of-Way Clearing, Levee, Ditch and Reservoir Maintenance 

Burning

o Subsection 313.2 – grammar changes.

Changes to Section 400 Administrative Requirements

• Section 401, Burn Permit Application Information

o Subsection 401.4 wording is clarified.

o Subsection 401.5 the word “material” is replaced with “vegetation”.

o Subsection 401.6 the word “material” is replaced with “vegetation”.

o Subsection 401.8 the word “burn” is added before “permit”.

o Subsection 401.9 the word “burn” is added before “permit”.

o Subsection 401.10 the word “burn” is added before “permit”.

• Section 402, Fire Agency Disclosure is deleted.

• Section 403, Revocation of a Burn Permit – is now Section 402, the word “burn” is

added before “permit”, and grammar and reference changes are made.

o Subsection 403.1 - is now 402.1 and the word “burn” is added before “permit”.

• Section 404, Permit Fees - is now Section 403, the word “Burn” is added before 

“Permit” in the title and the word “permit” is deleted before “fees”.

Changes to Section 500 Monitoring and Records

• Section 501, Burn Reports

o Subsection 501.1 Public Officer Fire Hazard Reduction Burning Reporting -

Report – the title has one grammar change, changing Reporting to Report, the 

word “material” is replaced with “vegetation”, and “health hazard” is included as it 

was in the original rules replaced in February 2011, and clarifying and grammar 

changes.
This Page Intentionally Left Blank
EXHIBIT 2

Summary of Changes

Rule 302, Agricultural Waste Burning Smoke Management
This Page Intentionally Left Blank
EXHIBIT 2

Summary of Changes

Rule 302, Agricultural Waste Burning Smoke Management

1

Changes to Section 100 General

• Section 103, Exemptions

o Subsection 103.1, Rule Exemptions

 Subsection 103.1.6 – grammar changes.

o Subsection 103.2, Exemptions from Section 304, Burn Days

 Subsection 103.2.1, Empty Sacks or Containers – the word “burn” is added 

before “permit”, and grammar changes.

 Subsection 103.2.2, Burn Day Exemption for Threat of Imminent and 

Substantial Economic Loss – the word “burn” is added before “permit” and 

grammar changes.

o Subsection 103.3, Exemptions, Minimum Drying Times

 Subsection 103.3.1 – “vegetative material” is changed to “vegetation”.

Changes to Section 200 Definitions

• Section 201, Agricultural Burning – a grammar change.

• Section 202, Agricultural Operation – a grammar changes.

• Section 203, Agricultural Wastes

o Subsection 203.1 - a grammar change.

o Subsection 203.2 – wording is clarified.

• Section 204, Disallowed Combustibles – this is a new definition added for

clarification.

• Section 204, No Burn Day – is now Section 205.

• Section 205, Open burning or Open Outdoor Fire – is now Section 206 and has 

clarity changes based on definition changes.

• Section 206, Permissive Burn Day or Burn Day – is now Section 207 and wording is 

clarified.

• Section 207, Right-of-Way Clearing, Levee, Ditch and Reservoir Maintenance 

Burning – is now Section 208 and has clarification language included, as 

recommended by the U.S. EPA on examples of standing green vegetation. The word 

“material” is replaced with “vegetation”.

• Section 208, Sacramento Valley Smoke Management Program – is now Section 209 

and wording is clarified.

• Section 209, Smoke Management Plan – is now Section 210 and wording and 

references are clarified.

• Section 210, Smoke Management Program – is now Section 211 and wording is 

clarified.

Changes to Section 300 Standards

• Section 302, Burn Permits

o Subsection 302.1 - remove the word “conduct”.

o Subsection 302.2 - wording is clarified.

• Section 303, Permit Validity - the word “Burn” is added before “Permit” in the title.

o Subsection 303.1 – wording is clarified.

• Section 304, Burn Days
EXHIBIT 2

Summary of Changes

Rule 302, Agricultural Waste Burning Smoke Management

2

o Subsection 304.1 – the word “waste” is added between “agricultural” and 

“burning” and wording is clarified.

• Section 305, Material Preparation and Drying Times – the word “material” in the title 

and in this section is replaced with “vegetation”.

o Subsection 305.2, Other Agricultural Waste Burning – wording is clarified.

 Subsection 305.2.2 - grammar changes.

 Subsection 305.2.3 - grammar changes.

 Subsection 305.2.4 - grammar changes.

 Subsection 305.2.5 – “material” is replaced with “vegetation” and wording is 

clarified.

 Subsection 305.2.6 – “material” is replaced with “vegetation”.

 Subsection 305.2.7 – is deleted.

 Subsection 305.2.8 – is now 305.2.7 and “material” is replaced with 

“vegetation”.

• Section 306, Straw Moisture Determination (Crackle Test)

o Subsection 306.1, Water Moisture – wording is clarified and Section 306.3 is 

deleted as there is no subsection with this number.

o Subsection 306.2, Straw – wording is clarified, and the subsection reference is 

deleted.

• Section 307, Lighting Practices – grammar changes.

• Section 308, Approved Ignition Devices – the word “material” is replaced with 

“vegetation”.

• Section 309, Wind Direction – wording is clarified.

• Section 310 – Determination of Amount Burned Daily

o Subsection 310.1, Sacramento Valley Air Basin – Added new section for just this 

air basin.

 Subsection 310.1.1 – a new subsection number as this is previously Section

310 and wording is clarified.

 Subsection 310.1.2 – new subsection number as this is previously 310.1, and 

wording is clarified.

o Subsection 310.2 – added a new subsection for the Mountain Counties and Lake 

Tahoe Air Basins that was in the burn rules rescinded in February 2011. With the 

addition of this subsection, all three of the air basins in Placer County are 

covered under Section 310 appropriately. 

Changes to Section 400 Administrative Requirements

• Section 401, Burn Permit Application Information

o Subsection 401.4 – wording is clarified

o Subsection 401.5 the word “material” is replaced with “vegetation” and 

“agricultural waste” is added.

o Subsection 401.6 the word “material” is replaced with “vegetation”.

o Subsection 401.8 the word “burn” is added before “permit”.

o Subsection 401.9 the word “burn” is added before “permit”.

o Subsection 401.10 the word “burn” is added before “permit”.
EXHIBIT 2

Summary of Changes

Rule 302, Agricultural Waste Burning Smoke Management

3

• Section 402 Fire Agency Disclosure is deleted.

• Section 403 Revocation of a Burn Permit – is now Section 402, the word “burn” is 

added before “permit”, and grammar and reference changes are made.

o Subsection 403.1 is now 402.1 and the word “burn” is added before “permit”.

• Section 404, Smoke Management Program – is now Section 403

o Subsection 404.1, Sacramento Valley Air Basin – is now subsection 403.1.

o Subsection 404.2, Mountain Counties and Lake Tahoe Air Basins – is now 

subsection 403.2.

• Section 405, APCO Approval – is now Section 404 and wording is clarified.

• Section 406, Permit Fees - is now Section 405, the word “Burn” is added before 

“Permit” in the title and the word “permit” is deleted before “fees”.

Changes to Section 500 Monitoring and Records

• Section 501 Burn Reports

o Subsection 501.1, Annual Report – wording is clarified.

o Subsection 501.2, Special Burn Permits Issuance Report - the word “burn” is

added before “permit”.
This Page Intentionally Left Blank
EXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke Management
This Page Intentionally Left Blank
EXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke Management

1

Changes to Section 100 General

• Section 101, Purpose – replaced contaminates with contaminants and grammar 

changes.

• Section 103, Exemptions

o Subsection 103.2, Exemptions from Section 304, Burn Days

 Subsection 103.2.1, Empty Sacks or Containers – the word “burn” is added 

before “permit”, and grammar changes.

 Subsection 103.2.2, Burn Day Exemption for Threat of Imminent and 

Substantial Economic Loss – the word “burn” is added before “permit” and 

small grammar changes.

Changes to Section 200 Definitions

• Section 205, Brush Treatment - “material” is replaced with “vegetation”.

• Section 207, Disallowed Combustibles – this is a new definition added for 

clarification.

• Section 207, Fire Protection Agency – is now Section 208.

• Section 208, Forest Management Burning – is now Section 209.

• Section 209, Forty-Eight (48) Hour Forecast – is now Section 210 and wording is 

clarified.

• Section 210, Land Manager – is now Section 211.

• Section 211, National Ambient Air Quality Standards (NAAQS) – is now Section 212.

• Section 212, Ninety-Six (96) Hour Trend – is now Section 213 and wording is 

clarified.

• Section 213, No Burn Day – is now Section 214.

• Section 214, Open Burning or Outdoor Fire - is now Section 215 and wording is 

clarified.

• Section 215, Particulate Matter (PM) - is now Section 216.

• Section 216, Permissive Burn Day or Burn Day – is now Section 217 and wording is 

clarified.

• Section 218, Prescribed Burn – this is a new definition added for clarification. It was 

originally part of the Prescribed Burning definition but was its own stand alone 

definition.

• Section 217, Prescribed Burning – is now Section 219 with subsections renumbered.

• Section 218 Range Improvement Burning – is now Section 220.

• Section 219, Sacramento Valley Smoke Management Program – is now Section 221

and wording is clarified.

• Section 220, Seventy-Two (72) Hour Outlook – is now Section 222 and wording is 

clarified.

• Section 221, Sheeting – is now Section 223.

• Section 222, Silvicultural Practices – is now Section 224.

• Section 223, Smoke Management Plan – is now Section 225.

• Section 224, Smoke Management Prescription – is now Section 226.
EXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke Management

2

• Section 225, Smoke Management Program – is now Section 227 and wording is 

clarified.

• Section 226, Smoke Sensitive Areas – is now Section 228 and the word cities are

added to the examples of smoke sensitive areas.

• Section 227, State Ambient Air Quality Standards – is now Section 229.

• Section 228, Timber Operations – is now Section 230.

• Section 229, Wildfire – is now Section 231.

• Section 230, Wildland – is now Section 232.

• Section 231, Wildland Fire – is now Section 233.

• Section 232, Wildland/Urban Interface – is now Section 234.

• Section 233, Wildlife or Game Habitat – is now Section 235.

• Section 234, Wildland Vegetation Management Burning – is now Section 236.

Changes to Section 300 Standards

• Clarification language is added to Section 300, Standards.

• Section 302, Burn Permits 

o Subsection 302.1 - removed the word “conduct”.

o Subsection 302.2 - wording is clarified.

• Section 303, Permit Validity - the word “Burn” is added before “Permit” in the title.

o Subsection 303.1 – wording is clarified.

• Section 304, Burn Days – wording is clarified.

• Section 305, Registration of Prescribed Burns

 Subsection 305.1.3 - “material” is replaced with “vegetation”.

 Subsection 305.1.4 – wording is clarified.

o Subsection 305.2 – referencing of the previous subsection is added for 

clarification.

• Section 306, Smoke Management Plans

• Subsection 306.1.1 – wording is clarified.

o Subsection 306.2 – wording is clarified and the word “applicant” was changed to 

“land manager”.

o Subsection 306.3 – wording is clarified.

 Subsection 306.3.1 - “material” is replaced with “vegetation”.

 Subsection 306.3.2 – wording is added for clarification.

o Subsection 306.4 – wording is clarified.

• Subsection 306.4.2 – wording is clarified.

o Subsection 306.5 – wording is clarified to read in the same format as previous 

subsections of 306.

 Subsection 306.5.1 – format and wording clarification.

 Subsection 306.5.2 – format and wording clarification.

 Subsection 306.5.3 – format and wording clarification.

 Subsection 306.5.4 – deleted as the language is now in subsection 306.5.

 Subsection 306.5.5 – deleted as the language is now in subsection 306.5.

o Subsection 306.6 – grammar change.
EXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke Management

3

o Subsection 306.7 – Naturally-Ignited Burns for Resource Benefits

 Subsection 306.7.2 – grammar change.

 Subsection 306.7.3 – grammar change.

o Subsection 306.8, Adherence with an Approved Smoke Management Plan –

clarification in the title with the addition of “an” and the singularity of plan.

o Subsection 306.9, Post-Burn Evaluation Requirements – wording is clarified.

o Section 306.10, Fish and Game Certification – wording is clarified, including the 

adding of “burn” before “permit”.

• Section 307, Material Preparation and Drying Times – the word “material” in the title 

and in this section is replaced with “vegetation” and other wording is clarified.

o Subsection 307.1 - “material” is replaced with “vegetation” and wording is 

clarified.

o Subsection 307.2 - “material” is replaced with “vegetation”.

o Subsection 307.3 – wording is clarified.

o Subsection 307.4 – grammar changes.

o Subsection 307.5 - grammar changes.

o Subsection 307.7 – wording is clarified.

o Subsection 307.8 – “material” is replaced with “vegetation”.

• Section 308, Burn Authorization

o Subsection 308.1 – wording is clarified.

o Subsection 308.3 – grammar change.

• Section 309, Approved Ignition Devices – the word “material” is replaced with 

“vegetation”.

• Section 310, Wind Direction – wording is clarified.

• Section 311 – Determination of Amount Burned Daily

o Subsection 311.1, Sacramento Valley Air Basin – Added a new section for this 

air basin, it is previously Section 311.

o Subsection 311.2, Mountain Counties and Lake Tahoe Air Basins. This is a new 

section that covers these two air basins that was in the burn rules rescinded in 

February 2011. With the addition of this subsection, all three of the air basins are 

covered under Section 311 appropriately. 

Changes to Section 400 Administrative Requirements

• Section 401, Burn Permit Application Information

o Subsection 401.4 wording is clarified.

o Subsection 401.5 the word “material” is replaced with “vegetation”.

o Subsection 401.6 the word “material” is replaced with “vegetation”.

o Subsection 401.8 the word “burn” is added before “permit”.

o Subsection 401.9 the word “burn” is added before “permit”.

o Subsection 401.10 the word “burn” is added before “permit”.

• Section 402, Fire Agency Disclosure is deleted.

• Section 403, Revocation of a Burn Permit – is now Section 402, the word “burn” is 

added before “permit”, and grammar and references are made.
EXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke Management

4

o Subsection 403.1 is now 402.1 and the word “burn” is added before “permit” and 

section reference is changed.

• Section 404, Smoke Management Program – is now Section 403.

o Subsection 404.1, Sacramento Valley Air Basin – is now subsection 403.1.

o Subsection 404.2, Mountain Counties and Lake Tahoe Air Basins – is now 

subsection 403.2.

• Section 405, APCO Approval – is now Section 404 and wording is clarified.

• Section 406, Permit Fees - is now Section 405, the word “Burn” is added before 

“Permit” in the title and the word “permit” is deleted before “fees”.

Changes to Section 500 Monitoring and Records

• Section 501 Burn Reports

o Subsection 501.1, Annual Report – wording is clarified and the word “waste” is 

replaced by “vegetation”.

o Subsection 501.2, Special Burn permits Issuance Report - the word “burn” is

added before “permit”.
EXHIBIT 4

Summary of Changes

Rule 304, Land Development Burning Smoke Management
This Page Intentionally Left Blank
EXHIBIT 4

Summary of Changes

Rule 304, Land Development Burning Smoke Management

1

Changes to Section 100 General

• No Changes

Changes to Section 200 Definitions

• Section 201, Construction-Demolition Debris – wording is clarified.

• Section 202, Disallowed Combustibles – this new definition is added as it is referenced in 

Section 302, Prohibitions.

• Section 203, Land Development Burning - the word “material” is replaced with 

“vegetation”.

• Section 204, No-Burn Day – this new definition is added at the request of the U.S. EPA 

to make Section 304 clearer.

• Section 205, Seasonal Outdoor Burn Suspension – this definition is added and defines 

the typical “burn ban” when this type of burning is suspended during fire danger during 

the fire season.

Changes to Section 300 Standards

• Section 302, Prohibitions on Open Burning – grammar changes.

• Section 303, Allowable Combustibles – one grammar change is made in addition to 

adding information on possible restrictions on the burning of poison oak and oleander.

• Section 304, Burn Permits 

o Subsection 304.1 - remove the word “conduct”.

o Subsection 304.2 - wording is clarified.

o Subsection 304.3 – this new section is added to limit land development burning to 

those areas that, for practical and economic reasons, may not be able to dispose of 

vegetation except by burning. The District considers the location of this type of 

burning along with the amount of vegetation which can be burned to be critical part of 

deciding whether a burn permit should be issued.

o Section 304.4 – this new section is added to include information on possible 

restrictions on the burning of poison oak and oleander.

• Section 305, Permit Validity - the word “Burn” is added before “Permit” in the title.

o Subsection 305.1 – wording is clarified.

• Section 306, Burn Days – wording is clarified.

o Subsection 306.1 – wording is clarified.

o Subsection 306.2 – wording is clarified and uses a new definition.

o Subsection 306.3 – this section is added to clarify that burning would not take place 

on days when there is a potential to violate the National Ambient Air Quality 

Standards.

• Section 307, Material Preparation and Drying Times – the word “material” in the title and 

in this section is replaced with “vegetation”.

o Subsection 307.1 - the word “material” is replaced with “vegetation”, and wording is 

clarified.

o Subsection 307.2 - the word “material” is replaced with “vegetation”.

o Subsection 307.3 - the word “material” is replaced with “vegetation”.
EXHIBIT 4

Summary of Changes

Rule 304, Land Development Burning Smoke Management

2

o Subsection 307.4 – is deleted.

o Subsection 307.5 – is now 307.4 and has grammar changes.

o Subsection 307.6 – is now 307.5 and has grammar changes.

o Subsection 307.7 – is now 307.6 and has grammar changes.

o Subsection 307.8 – is now 307.7, with wording clarified and incorporating subsection 

307.9 (which is deleted)

o Subsection 307.9 – is deleted. It is incorporated into what is now subsection 307.7.

• Section 308, Approved Ignition Devices – the word “material” is replaced with 

“vegetation”.

• Section 309, Wind Direction – wording is clarified.

• Section 310, Determination of Amount Burned Daily – wording is clarified.

• Section 311, Inspection Required Prior to Burning – this new section is added to help 

assure that burning is conducted according to this rule. Currently there is a provision in 

District Rule 607, Burn Permit Fees, for conducting an inspection when necessary. With 

concern over the location of land development burning and the proximity to populated 

areas, the District inspects each location, prior to issuing a burn permit. Requiring an 

inspection for each burn permit application helps in allowing this type of burning to occur 

where possible.

Changes to Section 400 Administrative Requirements

• Section 401, Permit Review – the word “burn” is added both before “Permit” in the title

and in the section.

• Section 402, Burn Permit Application Information

o Subsection 402.1 – this subsection is added to provide a mechanism for 

demonstrating that no practical alternatives and that burning may be necessary. The 

demonstration includes discussing the availability and feasibility of alternatives, 

including implementation costs. This section strengthens the relevance and 

practicality of if and when this type of burning is used.

o Subsection 402.1 – is now 402.2

o Subsection 402.2 – is now 402.3

o Subsection 402.3 – is now 402.4

o Subsection 402.4 – is now 402.5 and wording is clarified.

o Subsection 402.5 – is now 402.6 the word “material” is replaced with “vegetation”.

o Subsection 402.6 – is now 402.7 the word “material” is replaced with “vegetation”.

o Subsection 402.7 – is now 402.8

o Subsection 402.8 – is now 402.9

o Subsection 402.9 – is now 402.10 and the word “burn” is added before “permit”.

o Subsection 402.10 – is now 402.11 and the word “burn” is added before “permit”.

• Section 403, Fire Agency Disclosure is deleted.

• Section 404, Revocation of a Burn Permit – is now Section 403, the word “burn” is added 

before “permit”, and grammar and references are made.

o Subsection 404.1 is now 403.1 and the word “burn” is added before “permit”.
EXHIBIT 4

Summary of Changes

Rule 304, Land Development Burning Smoke Management

3

• Section 405, Permit Fees - is now Section 404 and the word “burn” is added before 

“Permit” in the title and the word “permit” is deleted before “fees”.

Changes to Section 500 Monitoring and Records

• No changes
This Page Intentionally Left Blank
EXHIBIT 5

Summary of Changes

Rule 305, Residential Allowable Burning
This Page Intentionally Left Blank
EXHIBIT 5

Summary of Changes

Rule 305, Residential Allowable Burning

1

Changes to Section 100 General

• Section 101, Purpose – wording is clarified as per definition changes.

• Section 102, Applicability

o Subsection 102.1 – wording is clarified, to match definitions.

• Section 103, Exemptions

o Subsection 103.2, Exempt Areas – grammar change.

Changes to Section 200 Definitions

• Section 201, Allowable Combustibles – this definition is modified to include the materials 

that had been found in Section 209 Residential Allowable Burn Materials making this 

easier to understand. Additionally, oleander and poison oak are included as excluded

from allowed combustibles in the definition. This clarifies its uses throughout this rule.

• Section 204, Disallowed Combustibles - a clarification to putrescible is added and a 

grammar change.

• Section 205, No-Burn Day – added this definition.

• Section 205, Open Burning or Open Outdoor Fire – is now Section 206 and wording is 

clarified.

• Section 206, Permissive Burn Day or Burn Day – is now Section 207 and the wording is 

clarified.

• Section 207, Residence – is now Section 208.

• Section 208, Residential Burning – is deleted.

• Section 209, Residential Allowable Burn Materials – is deleted.

Changes to Section 300 Standards

• Section 301, Prohibitions on Open Burning – wording is clarified.

• Section 302, Residential Allowable Burning – wording is clarified and includes changes 

in the definitions.

• Section 303, Burn Permits – this section is added at the recommendation of the U.S. 

EPA. This section qualifies that a District burn permit is not needed and a fire agency 

burn permit may be needed.

• Section 303, Burn Days – this section is now Section 304 and wording is clarified.

• Section 304, Material Preparation and Drying Times – this section is now Section 305. 

The word “material” in the title and in this section is replaced with “vegetation”.

o Subsection 304.1 is now 305.1, the word “material” is replaced with “vegetation”, and 

wording is clarified.

o Subsection 304.2 is now 305.2 and the word “material” is replaced with “vegetation”.

o Subsection 304.3 is deleted.

o Subsection 304.4 is now 305.3 and grammar changes.

o Subsection 304.5 is now 305.4 and grammar changes.

o Subsection 304.6 is now 305.5 and grammar changes.

o Subsection 304.7 is now 305.6 and wording is clarified.

• Section 305, Approved Ignition Devices – is now Section 306 and the word “material” is 

replaced with “vegetation”.

• Section 306, Wind Direction – is now Section 307 and wording is clarified.
EXHIBIT 5

Summary of Changes

Rule 305, Residential Allowable Burning

2

• Section 307, Determination of Amount Burned Daily – is now Section 308 and wording is 

clarified.

Changes to Section 400 Administrative Requirements

• No changes

Changes to Section 500 Monitoring and Records

• No changes
EXHIBIT 6

Summary of Changes

Rule 306,

Open Burning of Nonindustrial Wood Waste
This Page Intentionally Left Blank
EXHIBIT 6

Summary of Changes

Rule 306,

Open Burning of Nonindustrial Wood Waste

At Designated Disposal Sites

Changes to Section 100 General

• Section 102, Applicability - wording is clarified.

• Section 103, Elevation Above 1500 Feet - the word “burn” is added before “permit”.

Changes to Section 200 Definitions

• Section 201, Disallowed Combustibles – added this new definition for clarity.

• Section 202, No-Burn Day – added this new definition for clarity.

• Section 201, Nonindustrial Wood Waste – is now Section 203 and grammar change.

Changes to Section 300 Standards

• Section 301, Prohibitions on Open Burning – grammar changes.

• Section 303, Burn Permits 

o Subsection 303.1 - removed the word “conduct”.

o Subsection 303.2 - wording is clarified.

• Section 304, Permit Validity - the word “Burn” is added before “Permit” in the title.

o Subsection 304.1 – wording is clarified.

• Section 305, Burn Days – wording is clarified.

o Subsection 305.1 – wording is clarified and the word “material” is replaced with 

“vegetation”.

• Section 306, Material Preparation and Drying Times – this section is now Section 305. 

The word “material” in the title and in this section is replaced with “vegetation”.

o Subsection 306.1 - the word “material” is replaced with “vegetation”, and wording is 

clarified.

o Subsection 306.2 - the word “material” is replaced with “vegetation”.

o Subsection 306.3 - grammar changes.

o Subsection 306.4 - grammar changes.

o Subsection 306.5 - grammar changes.

• Section 307, Approved Ignition Devices – the word “material” is replaced with 

“vegetation”.

• Section 308, Wind Direction – wording is clarified.

• Section 309 – wording is clarified.

Changes to Section 400 Administrative Requirements

• Section 401, Permit Review – the word “burn” is added both before “Permit” in the title

and in the section.

• Section 402, Burn Permit Application Information

o Subsection 402.4 – wording is clarified.

o Subsection 402.5 - the word “material” is replaced with “vegetation”.

o Subsection 402.6 - the word “material” is replaced with “vegetation”.

o Subsection 402.8 - the word “burn” is added before “permit”.

o Subsection 402.9 - the word “burn” is added before “permit”.
EXHIBIT 6

Summary of Changes

Rule 306,

Open Burning of Nonindustrial Wood Waste

At Designated Disposal Sites

o Subsection 402.10 - the word “burn” is added before “permit”.

• Section 403, Fire Agency Disclosure is deleted.

• Section 404, Revocation of a Burn Permit – is now Section 403, the word “burn” is added 

before “permit”, and grammar and references changes are made.

o Subsection 404.1 is now 403.1 and the word “burn” is added before “permit”.

• Section 405, Permit Fees - is now Section 404 and the word “burn” is added before 

“Permit” in the title and the word “permit” is deleted before “fees”.

Changes to Section 500 Monitoring and Records

• No changes
EXHIBIT 7

Summary of Changes

Rule 102, Definitions
This Page Intentionally Left Blank
EXHIBIT 7

Summary of Changes

Rule 102, Definitions

1

Changes to Section 100 General

• No changes

Changes to Section 200 Definitions

• Section 202, Agricultural Operation – grammar change.

• Section 203, Agricultural Wastes

o Subsection 203.2 – wording is clarified

• Section 207, Allowable Combustibles – the word “material” is replaced with “vegetation”.

• Section 212, Brush Treatment - the word “waste” is replaced with “vegetation”.

• Section 214, Burn Barrel – wording is clarified.

• Section 223, Disallowed Combustibles – a clarification to putrescible is added and a 

grammar change.

• Section 243, Open Burning or Open Outdoor Fire – is now 244 and wording is clarified.

• Section 248, Permissive Burn Day or Burn Day – is now 249 and wording is clarified.

• Section 257, Residential Allowable Burn Materials – this is deleted. This definition is 

specific to Rule 305, Residential Allowable Burning and it can be found in that Rule.

• Section 242, Mountain Counties Air Basin – this new definition is added to outline the 

geography and location of this air basin in Placer County.

• Section 258, Sacramento Valley Air Basin – this new definition is added to outline the 

geography and location of this air basin in Placer County.

• With the new definitions and changes, the definition sections have been renumbered.

Changes to Section 300 Standards

• No changes

Changes to Section 400 Administrative Requirements

• No changes

Changes to Section 500 Monitoring and Records

• No changes
This Page Intentionally Left Blank
EXHIBIT A

Rule 301- Non-Agricultural Burning Smoke Management

Amendments Shown
EXHIBIT B

Rule 302 - Agricultural Waste Burning Smoke Management 

Amendments Shown
EXHIBIT C

Rule 303 - Prescribed Burning Smoke Management 

Amendments Shown
EXHIBIT D

Rule 304 - Land Development Burning Smoke Management

Amendments Shown
EXHIBIT E

Rule 305 - Residential Allowable Burning 

Amendments Shown
EXHIBIT F

Rule 306 - Open Burning of Non-Industrial Wood Waste at Designated Disposal 

Sites

Amendments Shown
EXHIBIT G

Rule 102, Definitions

Amendments Shown