PLACER COUNTY AIR POLLUTION CONTROL DISTRICT

PROPOSED REGULATION 3 OPEN BURNING

PROPOSED RULE AMENDMENTS

STAFF REPORT

February 9, 20122 This Page Intentionally Left Blank3 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.

Di scussion

On February 10, 2011 , t he District Board approved six (6) new rules on open burning along with three (3) other rules that were amended

. T he six new rules, along with amended Rule 102, were sent to the California Air Resources Board to be forwarde d to the U.S. EPA for inclusion into the District’s S tate 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. W hen the adopted rules were

s ubmitt ed to the U.S. EPA, they commented that one of the rules submitted, Rule 304, Land Development Burning needed changes before it could be approv ed 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 throu gh 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 , e xcept for Rule 304, Land Development Burning Smoke Management

, are not substant ial change s 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 Cha nges 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 season s during the year. Th e 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 effective ly prohibit burni ng during the summer months when the high temperatures that cause ozone formation also result s in hazardous fire conditions and the banning of burning. When burning is allowed by fire agencies, the District will prohibit burning when ozone forecasts indica te 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 . A lternatively 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 im pacts 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 is s ued 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

. B y inspecting each burn, the District assures that the rule and burn permit conditions are met.

In concl usion, 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 developmen t 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 alter native exists to dispose of the vegetation, or smoke from burning could cause adverse impacts tha t could otherwise be prevented. Standard development conditions provided by the District during land development project review typically prohibit burning of c leared 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 wi thout the removal of larger branches. I n practice most of th e larger pieces would b e removed and utilized for fire wood 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 t hen 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

- effective ness 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 20 10 , the popul ation of Pla cer 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 cas es 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 mak e 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 ef fect 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 p rovisions 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

- O pen 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 Man agement 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

- DefinitionsThis Page Intentionally Left BlankEXHIBIT 1

Summary of Changes

Rule 301, Nonagricultural Burning Smoke ManagementThis Page Intentionally Left BlankEXHIBIT 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 10 3 , 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 ; t hey were in the original rules

re s cinded 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 Officer s

- section is added. T his section is added to outline that except for a burn permit, this type of burni ng is exempt from all other S ections of Section 300.

o Subsection 103.3, Exemptions, Minimum Drying Times

 Subsection 103.3.1

- wording is clarified and se ction 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

- g rammar 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, Recreation al 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 ha s clarification language included, as recommended by the U.S. EPA

, on examples of standing green vegetation. A c hange is made to call the “material” being burned “vegetation”

. Changes to Section 300 Standards

**•** Section 301, Pro hibitions 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 S ubsection 303.1 , removed the word “ conduct ”

, and added language that provides for further subsections that outline s specific burning requiring a burn permit.

 Subsection 30 3.1.1

- Fire Hazard Reduction i s added.

 Subsectio n 303.1.2

- Mechanized Burner i s 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 30 3 .2 and wording is clarified

. o Subsection 30 3

. 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 t he word “ B urn” 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 Su bsection 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 3 11.3

- the word “burn” i s 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 tha t a burn permit (Section 303, Burn Permits) is needed.

o Subs ection 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 change s

. Changes to Section 400 Administrativ e 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” i s added before “permit”

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

. o Subsection 401.10 the word “burn” i s 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”

.

**•** S ection 404 , Permit Fees

- is now Section 403 , the word “B urn” is added before “Permit” in the title and the word “ permit ” i s 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

- R eport

– 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 BlankEXHIBIT 2

Summary of Changes

Rule 302, Agricultural Waste Burning Smoke ManagementThis Page Intentionally Left BlankEXHIBIT 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, B urn Day Exemption for Threat of Imminent and Substantial Economic Loss

– the word “burn” i s added before “permit” and grammar changes.

o Subsection 103.3, Ex emptions, 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 change s

.

**•** 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 a dded 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 no w 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 n ow Section 209 and w ording i s 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 30 2 , Burn Permits

o Subs ection 302 .1

- remove the word “ conduct ”

. o Subsection 30 2.2

- wording is clarified

.

**•** Section 30 3, Permit Validity

- t he word “ B urn” is added before “Permit” in the title.

o Subsection 30 3 .1

– wording is clarified

.

**•** Section 30 4

, Burn DaysEXHIBIT 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

– th e 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 30 5.2.2

- grammar change s

.

 Subsection 30 5.2.3

- grammar changes.

 Subsection 30 5.2.4

- grammar changes.

 Subsection 30 5.2.5

– “material” is replaced with “vegetation” and wording is clarified.

 Subsection 30 5.2.6

– “material” is replaced with “vegetation”

.

 Su bsection 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 sub section with t his number.

o Subsection 306.2, Straw

– wording is clarified, and the sub section 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 cl arif ied

.

**•** 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 L ake 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 P ermit 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 n ow Section 402, the word “burn” i s added before “permit” , and grammar and reference changes are made.

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

.

**•** Section 404, Smoke Management Program

– is now Section 403

o S ubs ection 404.1, S acramento Valley Air Basin

– is now subsection 403.1

. o S ubs ection 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 Secti on 405 , t he word “B urn” 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 P ermits Issuance Report

- the word “burn” is added before “permit”

.This Page Intentionally Left BlankEXHIBIT 3

Summary of Changes

Rule 303, Prescribed Burning Smoke ManagementThis Page Intentionally Left BlankEXHIBIT 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, B urn 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 20 5, Brush Treatmen t

- “material” is replaced with “vegetation”

.

**•** Section 20 7 , 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 2 11, National Ambient Air Quality Standards (NAAQS)

– is now Section 212.

**•** Section 212, Ninety

- Six (96) Hour T rend

– 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 2 16, Permi ssive Burn Day or Burn Day

– is now Section 2 1 7 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 defi nition.

**•** Section 217, Prescribed Burning

– is now Section 219 with subsections renumbered.

**•** Section 218 Range Improvement Burning

– is now Section 220

.

**•** Section 2 19 , Sacramento Valley Smoke Management Program

– is now Section 2 21 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 22 3 , 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 22 5 , 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 s moke 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 V egetation Management Burning

– is now Section 236

. Changes to Section 300 Standards

**•** C larification 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 “ B urn” 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 sub section is added for clarification.

**•** Section 306, Smoke Management Plans

**•** Subsection 306.1.1

– wording is clarifie d

. o Subsection 306.2

– wording is clarified and the word “applicant” was changed to “land manag er”

. 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 Subsec tion 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

 Subsecti on 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 30 7 , 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 30 7.3

– wording is clarified.

o Subsection 307.4

– grammar change s

. o Subsection 307.5

- grammar change s

. o Subsection 307.7

– wording is clarified.

o Subsection 307.8

– “material” is replaced with “vegetation”

.

**•** Section 308, Burn Authorization

o Subsection 308.1

– wor ding is clarified.

o Subsection 308.3

– grammar change.

**•** Section 30 9 , Approved Ignition Devices

– the word “material” is replaced with “vegetation”

.

**•** Section 3 10 , Wind Direction

– wording is clarified.

**•** Section 31 1

– Determination of Amount Burned Daily

o Subsection 31 1 .1, Sacramento Valley Air Basin

– Added a new section for this air basin , it is previously Section 31 1

. o Subsection 31 1.2, Mount ain Counties and L ake 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 basi ns 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 S ubsection 401.8 the word “burn” i s added before “permit”

. o S ubsectio n 401.9 the word “burn” i s added before “permit”

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

.

**•** Section 402

, Fire Agency Disclosure is deleted.

**•** Section 403

, Revocation of a Burn Permit

– is n ow Section 402, the word “burn” i s added before “pe rmit” , 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 S ubs ection 404.1, Sacramento Valley Air Basin

– is now subsection 403.1

. o S ubs ection 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 “B urn” is added before “Permit” in the title and the word “ permit ” i s 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 ManagementThis Page Intentionally Left BlankEXHIBIT 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 fi re 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. T he District considers the location of this type of burning along with the amount of vegetation wh ich 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

- th e word “B urn” 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 t itle 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 “mater ial” 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 conducte d 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 pro ximity to populated areas, the D istrict insp ects each location, prior to issuing a burn permit. Requiring an inspection for each burn permit application helps in allowing this type of b urning 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 practi cal 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 Recor ds

**•** No changesThis Page Intentionally Left BlankEXHIBIT 5

Summary of Changes

Rule 305, Residential Allowable BurningThis Page Intentionally Left BlankEXHIBIT 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 material s 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 w ording is clarified.

**•** Section 206, Permissive Burn Day or Burn Day

– is now Section 207 an d 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 Burn ing

– 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 30 3 , Burn Days

– this section is now Section 30 4 and wording is clarified.

**•** Section 30 4 , Material Preparation and Drying Times

– this section is now Section 30 5

. 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 30 4 .2 is now 30 5 .2 and the word “material” is repla ced with “vegetation”

. o Subsection 30 4 .3 is deleted.

o Subsection 30 4 .4 is now 30 5.3 and grammar changes.

o Subsection 30 4.5 is now 30 5.4 and grammar changes.

o Subsection 30 4 .6 is now 30 5.5 and grammar changes

. o Subsection 30 4.7 is now 305.6 and wording is clarif ied.

**•** Section 30 5 , Approved Ignition Devices

– is now Section 30 6 and the word “material” is replaced with “vegetation”

.

**•** Section 30 6 , Wind Direction

– is now Section 30 7 and wording is clarified.EXHIBIT 5

Summary of Changes

Rule 305, Residential Allowable Burning

2 **•** Section 307, Determination of Amount Burned Daily

– is now Se ction 308 and wording is clarified.

Changes to Section 400 Administrative Requirements

**•** No changes

Changes to Section 500 Monitoring and Records

**•** No changesEXHIBIT 6

Summary of Changes

Rule 306, Open Burning of Nonindustrial Wood WasteThis Page Intentionally Left BlankEXHIBIT 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 A bove 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 20 2 , No

- Burn Day

– added this new definition for clarity.

**•** Section 20 1, Nonindustrial Wood Waste

– is now Section 203 and grammar change

. Changes to Section 300 Standards

**•** Section 301, Prohibitions on Open Burning

– grammar change s

.

**•** Section 303, Burn Permits

o Subse ction 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 30 5 , Burn Days

– wording is clarified.

o Subsection 305.1

– wording is clarified and the word “material” is replaced with “vegetation”

.

**•** Section 30 6 , 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 30 6 .1

- the word “material” is replaced with “vegetation” , and wording is clarified.

o Subsection 30 6.2

- the word “material” is replaced with “vegetation”

. o Subsection 30 6 .3

- grammar changes.

o Subsection 30 6 .4

- grammar changes.

o Subs ection 30 6 .5

- grammar changes.

**•** Section 30 7 , Approved Ignition Devices

– the word “material” is replaced with “vegetation”

.

**•** Section 30 8 , 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 rep laced with “vegetation”

. o Subsection 402.6

- the word “material” is replaced with “vegetation”

. o Subsection 402.8

- the word “burn” i s added before “permit”

. o Subsection 402.9

- the word “burn” i s 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” i s added before “permit”

.

**•** Sectio n 403, Fire Agency Disclosure i s 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 changesEXHIBIT 7

Summary of Changes

Rule 102, DefinitionsThis Page Intentionally Left BlankEXHIBIT 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 25 8 , Sacramen to Valley Air Basin

– this new definition i s added to outline the geography and location of this air basin in Placer County.

**•** With the new definitions and changes , the definition section s 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 changesThis Page Intentionally Left BlankEXHIBIT A

Rule 301

- Non

- Agricultural Burning Smoke Management

Amendments ShownEXHIBIT B

Rule 302

- Agricultural Waste Burning Smoke Management

Amendments ShownEXHIBIT C

Rule 303

- Prescribed Burning Smoke Management

Amendments ShownEXHIBIT D

Rule 304

- Land Development Burning Smoke Management

Amendments ShownEXHIBIT E

Rule 305

- Residential Allowable Burning

Amendments ShownEXHIBIT F

Rule 306

- Open Burning of Non

- Industrial Wood Waste at Designated Dispo sal Sites

Amendments ShownEXHIBIT G

Rule 102, Definitions

Amendments Shown