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SJVUAPCD 

1990 E. Gettysburg 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governin Board 

APPROVE AGR~CUL~URAL BURNING REPORT AND PROPOSED FINDINGS AND 

RECOMMENDATIONS 

May 20, 2010 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: APPROVE 

AGRICULTURAL BURNING REPORT 

AND PROPOSED FINDINGS AND 

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 41 050 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 Division 26 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 District to continue 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, 

-1- Resolution for Agricultural Burning Report and 

Proposed Findings and Recommendations 
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1990 E. Gettysburg 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governin Board 

APPROVE AGRICULQ~RAL BURNING REPORT AND PROPOSED FINDINGS AND 

RECOMMENDATIONS 

May 20, 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 permits for 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 41 855.5 and 41855.6 

reql-~irements in 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 41 855.6 

into the rule. The second step is the approval of a comprehensive report, "Staff Report 

and Recommendations on Agricultural 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 41 855.5 and 41855.6 by presenting the District's findings and 

recommendations for 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 for Agricultural Burning Report and 

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SJVUAPCD 

1990 E. Gettysburg 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governin Board 

APPROVE AGRICUL~URAL BURNING REPORT AND PROPOSED FINDINGS AND 

RECOMMENDATIONS 

May 20, 201 0 

NOW, THEREFORE, BE IT RESOLVED AS 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 

waste for 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 the ARB Board Meeting on May 27, 201 0. 

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 apply to 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 Recommendations 
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SJVUAPCD 

1990 E. Gettysburg 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governin Board 

APPROVEAGR/CUL?URAL BURNING REPORTAND PROPOSED FINDINGS AND 

RECOMMENDATIONS 

May 20,201 0 

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 41 855.5 and 41 855.6, 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 makes the 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 Report and 

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SJVUAPCD 

1990 E. Gettysburg 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governin Board 

APPROVE AGRICUL~URAL BURNING REPORT AND PROPOSED FINDINGS AND 

RECOMMENDATIONS 

May 20, 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 

pursuant to 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 Section 40728. 

.7. The Executive DirectorIAir Pollution Control Officer is directed to transmit said 

rule to the California Air Resources Board for incorporation in the 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 

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SJVUAPCD 

1990 E. Gettysbur! 

Fresno, CA 93726 

(559) 230-6000 

;JVUAPCD Governin Board 

~PPROVE AGRICUL~URAL BURNING REPORT AND PROPOSED FINDINGS AND 

?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 201 0, to wit: 

AYES: Dominici, Ayers, Case, Telles, Watson 

Johnston, Vierra, Worthley 

NOES: Forman, Lane 

ABSTAIN : O'Brien, Ornellas 

ABSENT: Barba Miller, Nelson 

SAN JOAQUIN VALLEY UNIFIED 

U~overning Board (/ 

Ierk to the Governing Board 

3y AndL,.>J Jddki 4 ? 

~n&lina DeSantiago d 

-6- Resolution for Agricultural Burning Report anc 

Proposed Findings and Recommendation!