## STAFF REPORT

Proposed Amendment of

Regulation III, Rule 300, Open Burning Requirements,

Prohibitions and Exemptions

Date of Public Release: July 15, 2015

Prepared by: Ursula Parker, Senior Air Quality Co mpliance Specialist

Reviewed by: Robert McLaughlin, Assistant Air Po llution Control Officer

Approved by: W. James Wagoner, Air Pollution Con trol Officer1 

## STAFF REPORT

Proposed Amendment of

Regulation III, Rule 300, Open Burning Requirements, Prohibitions

and Exemptions

Date of Release: July 15, 2015

Schedule of Meetings

• Date of Public Workshop: July 20, 2015 at 10:00 a.m ., Butte County Public Library, 1108 Sherman Avenue, Chico, CA

• Date of Board Hearing: August 27, 2015, 10:00 a.m. , Chico City Council Chambers, 421 Main Street, Chico, CA.2 STAFF REPORT

Proposed Amendment of Regulation III, Rule 300, Open Burning Requirements, Prohibitions and Exempti ons

Date of Release: July 15, 2015 Scheduled Date of Adoption: 10:00 a.m. August 27, 2015 Chico City Council Chambers, 421 Main Street, Chico , CA

Contents Page Executive Summary ...............................

................................................... ..................... 3

1. Purpose ...........................................

................................................... ....................... 4

2. Background ........................................

................................................... ............... ....4

3. Requirements ......................................

................................................... .............. ....5

4. Cost and Socioeconomic Impacts ....................

................................................... ...... 6

5. Environmental Impacts .............................

................................................... ............. 6

6. Public Comment ....................................

................................................... ................ 6

7. Required Findings .................................

................................................... ................ 7

8. References ........................................

................................................... ..................... 9

Attachment A Proposed Amended Rule 300, Open Burning Requirements, Prohibitions and

Exemptions (District Regulation III)

Attachment B Proposed Resolution of Adoption for Amended Rule 30 0

Attachment C Notice of Public Hearing and Workshop

Attachment D U.S. EPA Region IX Technical Support Document, date d October 20143 STAFF REPORT

Executive Summary

California Health and Safety Code (HSC) Section (§) 41804 requires air districts to develop criteria f or the open burning of wood waste from trees, vines, o r bushes on property being developed for commercial or residential purposes and for clearing brush for fire hazard reduction in order to improve the combustibility of such waste and reduce its smoke level. The Butte County Air Quality Management District (District) Regulation III, Rule 300, Open Burning Requirements, Prohibitions and Exemptions, is designed to minimize the impacts of smoke and other air pollutants generated by open burning conducted within Butte County and to assure that it is managed consistent with state and federal law. Following the adoption of the amendme nts to Regulation III on February 24, 2011, District staff submitted the amended regulation to the Environmental Protection Agency (EPA) to be included in the State Implementation Plan (SIP) due to the District’s federal PM 2.5 non-attainment status. The submittal replaces existing SIP rules that are out of date. Although the EPA has found t hat the amended Regulation III strengthens the SIP and largely fulfils the Relevant Clean Air Act requirements, EPA has identified some deficiencies which preclude full SIP approval.

The District is proposing amendments to Regulation III that address the rule deficiencies as identifie d by the EPA in order to improve the clarity of the r egulation and to attain full SIP approval. Correct ion of the deficiencies involves removing the ability t o petition the District’s Hearing Board for a varia nce from the prohibition against burning rubbish or gar bage, and removing or providing criteria for Air Pollution Control Officer (APCO) discretion to waiv e certain drying time requirements. Amendment of the rule to address these deficiencies is not expec ted to have a material impact on the implementation of the rule.4

1. PURPOSE

The purpose of the amendments to Regulation III is to address deficiencies identified by the EPA which preclude full approval of the Regulation’s inclusio n in the SIP. The deficiencies identified are as

follows:

a. Sections 5.53 and 6.5 prohibit burning of rubbish o r garbage except under variance by the hearing board as follows: “5.53 Variance: Temporary exemption from District rules or regulations granted to sources by the District Hearing Board.

6.5 It is unlawful to burn rubbish or garbage at du mps, landfills, or refuse disposal areas, or at any solid waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte, except under a variance.”

b. Section 8.24 allows the APCO to waive drying time r equirements:

“8.2.4 The drying time requirements stated in Secti ons 8.2.1 and 8.2.2 may be waived by the APCO for good cause at the discretion of the APCO. The adequacy of cause to waive the drying time requirements shall be decided on a case-by-cas e basis by the APCO.”

According to the EPA, exemptions from open burning requirements under variance or by APCO

discretion do not meet the EPA evaluation criteria concerning enforceability; the provisions “allow th e Air Pollution Control Officer (APCO) to independent ly interpret the SIP without explicit and replicabl e procedures within the rule to tightly define how th e discretion is exercised to assure equivalent emis sion reductions and without explicit approval of such di scretion provisions by the EPA (Little Blue Book, page 17; see also 52 FR 45044, 45109 (November 24, 1987).” In order to correct these deficiencies, staff propose amending Rule 300 to strike sections 5.53 and 8.2.4 and to strike the language, “...except

under a variance.” from Section 6.5.

2. BACKGROUND:

Smoke from open burning contributes to ambient leve ls particulate matter in Butte County. Particulate matter in the air is a complex mixture of tiny part icles that consists of dry solid fragments, solid c ores with liquid coatings, and small droplets of liquid. These particles vary greatly in shape, size and chemical composition and can be made up of many dif ferent materials such as metals, soot, soil, and

dust. Particles that are 10 microns or less in diam eter are defined as "respirable particulate matter" or PM10. These particles (PM10 and smaller) pose the g reatest health concern because they can pass deep into the lungs. Particles that are 2.5 microns or l ess in diameter are defined as "fine particulate ma tter” or PM2.5. In addition to adverse health concerns, t hese fine particles can contribute significantly to regional haze and reduction of visibility in Califo rnia.

In 2003, the California Legislature enacted Senate Bill 656 (SB-656, Sher), codified as Health and Safety Code (HSC) § 39614, to reduce public exposure to pa rticulate matter. The goal is to make progress toward attainment of federal and state respirable p articulate matter (PM10) and fine particulate matte r (PM2.5) standards. As the first step, SB-656 requir ed the local air districts to develop a list of the most5

readily available, feasible, and cost-effective con trol measures that could be employed to reduce the emissions of PM10 and PM2.5 (collectively referred to as PM). To satisfy this mandate the District’s Governing Board of Directors approved a list of con trol measures on August 25, 2005 that could be employed to reduce emissions of PM from all sources . The list included performance standards for allowed burns, which were incorporated into the Rul e 300 amendments approved by the Board in 2010

and 2011.

California HSC § 41804 requires air districts to de velop, and the CARB to approve, criteria for the op en burning of wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes and for clearing brush for fir e hazard reduction in order to improve the combustibility of such waste and reduce its smoke l evel. HSC § 41804 also specifies that such burning may only be authorized by written permit issued by the Air Pollution Control Officer (APCO). HSC § 41804 authorizes the District Board to adopt rules and regulations to:

• authorize any burning under HSC § 41802 (land clear ing for commercial and residential development and burning for fire hazard reduction);

• review each proposed burn prior to authorizing its APCO to issue a permit for the burn; and,

• to delegate to its APCO the authority to approve or disapprove each proposed burn after consideration of the amount of waste to be burned, the season of the year, the ambient air quality, the proximity of the waste to developed ar eas, or such other criteria as the Board may

establish.

District Regulation III, Open Burning Requirements, Prohibitions and Exempti ons (District Rule 300), is designed to minimize the impacts of smoke and ot her air pollutants generated by open burning in Butte County and to assure that it is managed consi stently with state and federal law. Following the amended Regulation III’s adoption on February 24, 2 011, the amended regulation was submitted to the

EPA for inclusion in the SIP due to the District’s federal PM 2.5 non-attainment status. The changes from the approved SIP rules included:

1. Improved the clarity through editorial changes and the addition of definitions;

2. Increased stringency by adding requirements for exe mpted burn types, adding drying time and burn hour requirements to residential burning, expa nding the list of prohibited materials, and by removing the exemption for fires above specified el evations; and,

3. Reformatted the requirements, combining District Ru les 301 through 325 into one cohesive regulation, Rule 300.

3. REQUIREMENTS:

The deficiencies identified by EPA that the current amendments to the Regulation are intended to

address are as follows:

a. Sections 5.53 and 6.5 prohibit burning of rubbish o r garbage except under variance by the hearing board as follows: “5.53 Variance: Temporary exemption from District rules or regulations granted to sources by the District Hearing Board.

6.5 It is unlawful to burn rubbish or garbage at du mps, landfills, or refuse disposal areas, or at any solid waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte, except under a variance.”6

b. Section 8.24 allows the APCO to waive drying time r equirements:

“8.2.4 The drying time requirements stated in Secti ons 8.2.1 and 8.2.2 may be waived by the APCO for good cause at the discretion of the APCO. The adequacy of cause to waive the drying time requirements shall be decided on a case-by-cas e basis by the APCO.”

In order to correct these deficiencies, staff amend ed the Regulation to strike sections 5.53 and 8.2.4 and struck the language, “...except under a variance.” fr om Section 6.5.

In addition to the above proposed amendments, staff is proposing to clarify the definition of “Open Burning” in the proposed amended rule to allow EPA to rescind the portions of existing SIP-approved

Rule 102-Definitions that have been retained due to use of several terms in the District’s open burnin g regulations. The rescinding of Rule 102 is due to o ther rule action in the SIP approval of the current District Rule 101-Definitions. Staff is proposing to add “Open Outdoor Fire(s) and Open Fire(s)” to t he definition to clarify the terms have the same meani ng:

5.31 Open Burning, Open Outdoor Fire(s) or Open Fire(s) : Combustion of any material of any type, outdoors in the open air, where the pr oducts of combustion are not directed through a flue, stack or chimney.

4. COST AND SOCIOECONOMIC IMPACTS:

The District does not anticipate any costs associat ed with the amendments to Regulation III. Californ ia HSC § 40728.5(c) exempts districts with a populatio n of less than 500,000 persons from performing a socioeconomic impact analysis. As of the 2013 cens us estimate, the population of Butte County is reportedly 222,090, which is below this threshold; no socioeconomic impact analysis was performed.

5. ENVIRONMENTAL IMPACTS:

The District evaluated the proposed rule amendments and determined that pursuant to California Environmental Quality Act (CEQA) Guidelines § 15061 (b)(2) and 15308, the proposed rules are categorically exempt from CEQA as a Class 8 action taken by a regulatory agency to assure the maintenance, restoration, enhancement, and protecti on of the environment and application of the exemption is not barred by one of the exceptions se t forth in CEQA Guidelines § 15300.2.

6. PUBLIC COMMENT

A public workshop is scheduled to be held on July 2 0, 2015 in Chico, in order to provide a forum for public comment. Comments and questions received du ring the workshop will be considered prior to final adoption of the Rule. The public hearing for adoption will be held on August 27, 2015 to consid er adoption of the amended District Rule 300, Open Burning Requirements, Prohibitions and Exempti ons (Regulation III).7

7. REQUIRED FINDINGS :

Findings required by Division 26 of the California HSC requires local districts to comply with a rule adoption protocol as set forth in § 40727 of the Co de. This section has been revised through legislati ve mandate to contain six findings that the District’s Governing Board must make before adopting, amending, or repealing a rule or regulation. These findings and their definitions are included in Tabl e 1.

In addition, § 40727.2 of the HSC requires preparat ion of a written analysis by the District to identi fy all existing federal air pollution control requirem ents, any of the District's existing or proposed ru les and regulations that apply to the same equipment or source type, and all air pollution control requirements and guidelines informed to the Distric t in response to the annual published list of proposed regulatory action by the District.

There are no known existing federal control require ments for agricultural or nonagricultural open burning. Control requirements typically are contai ned in the Code of Federal Regulations under variou s programs like National Emissions Standards for Haza rdous Air Pollutants (NESHAPs), New Source Performance Standards (NSPS), New Source Review sta ndards (NSR), Prevention of Significant Deterioration (PSD), and the State Implementation P rogram (SIP).

District rules and regulations that apply to open b urning are Regulation I, Definitions , Regulation II,

Prohibitions , Regulation IV, Permits , Regulation V, Fees , Regulation VI, Procedures Before the Hearing Board , Regulation VII, Violations , Regulation VIII, Variances , Regulation IX, Miscellaneous

, and Regulation X, Air Toxic Contaminants. The District recommends the changes be completed as soon as possible to allow full approval of Rule 300 into the SIP and removal of out-dated rules.

Table 1 - Required Findings

FINDING DEFINITION REFERENCE Authority A District shall adopt Rules and

regulations and do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the District by this division and other statutory provisions. California Health and Safety Code Division 26, Part 3, Sections 40000 and 40001 and 40702, are provisions of law that provide the District with the authority to adopt these proposed rules.

Necessity The District has demonstrated that a

need for the Rule, or for Rule amendment or repeal. The adoption of proposed amendments to Rule 300 are necessary to correct two provisions which do not meet the evaluation criteria concerning enforceability by the EPA and therefore, preclude EPA’s full approval. Clarity The Rule is written or displayed so

that its meaning can easily be understood by the persons directly affected by it. The 2011 amendments to the Rule provided necessary clarity to the Regulation overall. The current proposed amendments provide clarity in that it will

result in the exclusion of the definition of

“variance”.8

Consistency This Rule is in harmony with, and not

in conflict with or contradictory to, existing statutes, court decisions, or State or federal regulations. The proposed amendments to the Rules are consistent with applicable statutory requirements.

NonDuplication The Rule does not impose the same

requirements as an existing State or federal regulation, unless the District finds that the requirements are necessary and proper to execute the powers and duties granted to, and imposed upon, the District. The proposed amendments to the Rules implement the provisions of state law and are necessary and proper to execute the powers and duties granted to, and imposed upon, the District. Existing SIP Rules, including definitions in Rule 102 and rules related to open burning which this rule supersedes, will be rescinded upon full approval into the SIP. Reference Any statute, court decision, or other

provision of law that the district implements, interprets, or makes specific by adopting, amending, or repealing a regulation. California Health and Safety Code, Division 26, Part 3, Sections 40000, 40001, and 40702.; Part 4, Sections 41800

et seq ., and 41850 et seq

.

8. REFERENCES:

Butte County Air Quality Management District, Rules and Regulations, Rule 300, General Prohibitions and Exemptions on Open Burning (adopted February 23, 1971, last amended February 24, 2011).

California Air Resources Board, California Air Poll ution Control Laws, Article 2, Non-Agricultural Burning , Sections 41800 – 41809, Article 3, Agricultural Burning , Sections 41850-41866.

California Air Resources Board, Final Regulation Or der: Airborne Toxic Control Measure to Reduce

Emissions of Toxic Air Contaminants from Outdoor Re sidential Waste Burning (ARB, effective date February 3, 2003).

California Code of Regulations, Title 17, Final Reg ulation Order, Smoke Management Guidelines for Agricultural and Prescribed Burning, Effective Date March 14, 2001.

Environmental Protection Agency, Region IX Air Divi sion, Technical Support Document for EPA’s Notice of Proposed Rulemaking for the California St ate Implementation Plan, Butte County Air Quality Management District, Rule 300, Open Burning, Prohib itions and Exemptions , Prepared by Rynda Kay, October, 2014.

Senate Bill 656 (SB-656, Sher), codified as Health and Safety Code (H&SC) Section 39614.

SB 656 Implementation Schedule, Approved August 25, 2005.

## Attachment A

Proposed Amended Rule 300, Open Burning Requirements, Prohibitions and Exemptions (District Regulation III)BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-1

Rule 300 Open Burning Requirements, Prohibitions an d Exemptions
(Adopted February 23, 1971; Amended December 12, 19 72 and July 15, 1980; Recodified and Amended August 6, 1985; Amended September 18, 1990 and April 7, 1992; Recodified and Amended August 20, 1998; Recodified August 22, 2002; Amended January 22, 2004; Recodified and Amended December 9, 2010 : ; Amended February 24, 2011 ; Proposed for Amendment August 27, 2015 )

RULE 300 CONTENTS

1 PURPOSE

2 APPLICABILITY

3 EFFECTIVE DATE

4 EXEMPTIONS
4.1 Agricultural Burning

4.2 Animal Husbandry Branding

4.3 Backfires

4.4 Disposal of Contraband

4.5 Disposal of an Unserviceable American Flag

4.6 Filmmaking

4.7 Fire Hazard Reduction

4.8 Fires Set By Public Officers

4.9 Industrial Site Fire Training

4.10 Non-Agricultural Burning

4.11 Pesticide Application

4.12 Recreational Fires

4.13 Residential Burning

4.14 Right-of-Way Clearing

5 DEFINITIONS
5.1 Agricultural Burning

5.2 Agricultural Waste

5.3 Air Pollution Control Officer (APCO)

5.4 Approved Ignition Devices

5.5 Backfire

5.6 Brush Treated

5.7 Burn Barrel

5.8 Burn Information Recorder

5.9 Burn Permit or Air Quality Burn Permit

5.10 Burn Season Month

5.11 California Air Resources Board (CARB)

5.12 Chico Sphere of Influence

5.13 Class I Area

5.14 Contraband

5.15 Crackle Test

5.16 Daily Acreage AllocationBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-2 5.17 Disposal

5.18 DISTRICT
5.19 Fire Agency Burn Permit

5.20 Fire Hazard Reduction Burning

5.21 Fire Protection Agency

5.22 Forest Management Burning

5.23 Garbage

5.24 Incinerator

5.25 Land Clearing

5.26 Land Manager

5.27 Magalia/Upper Ridge Area

5.28 National Emissions Standard for Hazardous Air Pollu tants (NESHAPs)
5.29 No-Burn Day
5.30 Non-Agricultural Burning

5.31 Open Burning , Open Outdoor Fire(s) or Open Fire(s)

5.32 Paper Containers of Agricultural Chemicals

5.33 Permissive Burn Day or Burn Day

5.34 Person
5.35 Prescribed Burning

5.36 Prescribed Fire Incident Reporting System (PFIRS)

5.37 Prohibited Materials

5.38 Prunings-Only Burn Day

5.39 Range Improvement Burning

5.40 Residential Burning

5.41 Residential Burn Day

5.42 Rice Equivalent Acres

5.43 Rubbish

5.44 Sacramento Valley Air Basin

5.45 Sacramento Valley Air Basin Smoke Management Progra m 5.46 Silvaculture or Timber Management

5.47 Smoke Impact Liability

5.48 Smoke Management Plan

5.49 Smoke Management Program Coordinator

5.50 Smoke Sensitive Area

5.51 State Responsibility Areas

5.52 Town of Paradise Sphere

5.53 Variance

5.54 5.53 Wildland

5.55 5.54 Wildland Management Burning

6 GENERAL PROHIBITIONS

7 BURN PERMIT REQUIREMENTS
7.1 General Requirements

7.2 Required Information

7.3 Fees
7.4 Exemptions to Permit RequirementsBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-3 8 GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES
8.1 Designated Burn Period

8.2 Drying Time Requirement

8.3 Fire Control

8.4 Fire Protection Agencies

8.5 Fire Suppression

8.6 Ignition Devices

8.7 Required Conduct

8.8 Restriction Of Burning During Poor Air Quality Cond itions

8.9 Smoke Minimization

8.10 Strict Liability

8.11 Suspension of Burning Privilege

8.12 Wind Direction

9 AGRICULTURAL BURNING
9.1 General Conditions

9.2 Burn Hours
9.3 Daily Acreage Allocation

9.4 Field Crop Burn Limitation

9.5 Notice of Intent to Ignite

9.6 Paper Containers of Agricultural Chemicals

9.7 Flood Debris

9.8 Permit to Burn on a No-Burn Day

9.9 Range Improvement Burning on a No-Burn Day

9.10 Acreage Limitation on No-Burn Days

9.11 Rice Straw Burning

9.12 Wildland Vegetation Management Burning

10 NON-AGRICULTURAL BURNING
10.1 General Conditions

10.2 Burn Hours
10.3 Fires Set by Public Officers

10.4 Disposal of Contraband

10.5 Industrial Site Fire Training

10.6 Land Clearing

10.7 Right of Way, Levee, Reservoir and Ditch Clearing

10.8 Fire Hazard Reduction

11 RESIDENTIAL BURNING
11.1 General Conditions

11.2 Burn Hours
11.3 Performance Standards

11.4 Additional Requirements for Magalia/Upper Ridge Are a 11.5 Additional Requirements for the Chico Sphere of Inf luence

12 SEVERABILITYBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-4 RULE 300

1 PURPOSE: The purpose of this Rule is to ensure that open bur ning in the District is

conducted in a manner that minimizes emissions and smoke and is managed

consistent with State and federal law.

2 APPLICABILITY

2.1 The provisions of this Rule shall apply to any pers on or land manager conducting, allowing, or using any open burning wit hin the District, and to any person in possession of property or who exercis es possessor rights on the property on which burning is performed.

2.2 The provisions of this Rule shall apply to any open burning including, but not

limited to:

2.2.1 Agricultural burning;

2.2.2 Non-agricultural burning such as land use conversio n for nonagricultural purposes; or

2.2.3 Residential burning.

3 EFFECTIVE DATE : The provisions of this Rule shall be effective M arch 1, 2011.

4 EXEMPTIONS: Nothing in this Rule shall be construed to prohibit :

4.1 Agricultural Burning : Burning for the disposal of agricultural waste authorized pursuant to Section 9 of this Rule “Agri cultural Burning”.

4.2 Animal Husbandry Branding: Fires used in heating branding irons as necessary in animal husbandry practices provided th at the fire does not contain prohibited materials.

4.3 Backfires: Burning operations conducted following Section 44 26 of the Public Resources Code (PRC) as necessary to save li fe or valuable property.

4.4 Disposal of Contraband: Such fire must be set and tended by official law enforcement personnel and must have been deemed not disposable by any other means by such officials. Prior to such burns, the Butte County Air Quality Management District (DISTRICT) shall be inf ormed of the place, date and time of the burn, and type and quantity of contraband to be disposed.

4.5 Disposal of an Unserviceable American Flag: Any disposal of an unserviceable American Flag that is no longer fit f or display must be conducted in a respectful and dignified manner in a ccordance with California Health and Safety Code (HSC) Section (§) 41806(c).

4.6 Filmmaking : Fires set as part of a commercial film or video p roductionBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-5

activity for motion pictures or television provided that the fire is set or allowed by the public fire official having jurisdic tion, in the performance of official duty, and the fire is authorized in writin g by the APCO.

4.7 Fire Hazard Reduction: Burning may be conducted at multi-unit dwellings, by commercial entities, and on residential lots equ al to or greater than one (1) acre when done for the purpose of compliance with l ocal fire hazard reduction

ordinances.

4.8 Fires Set by Public Officers : Burning operations conducted by or permitted by any public officer authorized pursuant to Sectio n 10.3 of this Rule.

4.9 Industrial Site Fire Training: Burning operations on property used for industrial purposes for the instruction of employee s in methods of fire fighting.

4.10 Non-Agricultural Burning: Open burning set pursuant to Section 10 of this Rule including, but not limited to, fires set by a public officer or public entity, land clearing for commercial or residential propert y development, and fire hazard reduction burning.

4.11 Pesticide Application: Open burning for the purpose of creating a smoke column during herbicide and/or pesticide applicatio ns as required by Title III of the California Code of Regulations (CCR), Sectio n 6464(a), provided that all DISTRICT requirements are met. HSC §41701 shall not apply to smoke generated for this purpose.

4.12 Recreational Fires: Open outdoor fires used for cooking food for human consumption or for recreational purposes providing the fire does not contain prohibited materials.

4.13 Residential Burning : Burning for the disposal of vegetative waste authorized pursuant to Section 11 of this Rule.

4.14 Right-of-Way Clearing : Burning by a public entity or utility for right- ofway clearing or other property access, or for levee , reservoir, ditch, or drainage maintenance authorized pursuant to Section 10.7 of this Rule.

5 DEFINITIONS

5.1 Agricultural Burning: Open outdoor fires used in any of the following:

5.1.1 Agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest manag ement, range improvement, or the improvement of land for wildlif e and game habitat, or for disease or pest prevention;

5.1.2 The operation or maintenance of a system for the de livery of water for the purposes specified in Section 5.1.1 above; andBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-6

5.1.3 Wildland vegetative management burning or forest ma nagement burning, including silvaculture and timber operatio ns, or prescribed burning.

5.2 Agricultural Waste(s): Unwanted or unsalable materials produced wholly from agricultural operations and materials not prod uced from agricultural operations but which are intimately related to the growing or harvesting of

crops. Agricultural waste includes: Grass and weeds growin g in or on fence rows, ditch banks, levees, in or adjacent to fields in cultivation or being prepared for cultivation; vegetation removed for ra nge improvement, for wildlife, game, or livestock habitat, forest manage ment debris, or for the initial establishment of an agricultural operation on previously uncultivated land; fertilizer and pesticide sacks that are burne d where the sacks are emptied on that field; material produced from the o peration or maintenance of waterways used in agricultural operations. Agricult ural waste does not include agricultural commodities such as baled rice straw or hay, either intact or spread after baling, hulls or shells removed thr ough processing, or agricultural waste removed from the property where grown.

5.3 Air Pollution Control Officer (APCO) : The person appointed by the DISTRICT Board pursuant to HSC §40750 to serve as t he APCO of the

DISTRICT.

5.4 Approved Ignition Devices : Instruments or materials that will ignite open fires without the production of black smoke as appr oved by the APCO. This would include such items as liquid petroleum gas, b utane, or diesel oil burners, flares, or other similar materials. This d oes not include waste products or fuels, tires, tar, tar paper, oil and o ther similar materials.

5.5 Backfire: A fire started in the path of an oncoming fire in o rder to deprive it of fuel and thereby control or extinguish it.

5.6 Brush Treated: Material to be burned that has been felled, crush ed or uprooted with mechanical equipment, has been desica ted with herbicides, or

is dead.

5.7 Burn Barrel: A container used to hold combustible or flammable waste materials so that they can be ignited outdoors for the purpose of disposal.

5.8 Burn Information Recorder: The DISTRICT burn information recording, reached by calling a toll-free or local telephone n umber, which provides information regarding the burn day status (burn or no-burn) and other pertinent information.

5.9 Burn Permit or Air Quality Burn Permit: A permit issued by the APCO of the DISTRICT that identifies the type(s) and quanti ty of materials to be burned at each location where burning is authorized and specifies conditionsBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-7

to be followed for the purpose of improving the com bustibility of such waste

in order to reduce its smoke level.

5.10 Burn Season Month: The months of January through June where resident ial burning is only authorized in the Magalia/Upper Rid ge Area for a specific geographic location.

5.11 California Air Resources Board (CARB): An organization which is part of the California Environmental Protection Agency (EPA ) and oversees the activities of 35 local and regional air pollution c ontrol districts and reports directly to the Governor's Office in the Executive Branch of California State

Government.

5.12 Chico Sphere of Influence: The geographical area within Butte County as defined by the Butte Local Agency Formation Commiss ion which encompasses the City of Chico and immediately adjac ent areas.

5.13 Class I Area: A mandatory visibility protection area designated pursuant to
section 169A of the federal Clean Air Act.

5.14 Contraband: Goods whose importation or exportation or possessio n is prohibited by law.

5.15 Crackle Test: A procedure to test rice straw moisture by prepari ng a representative, composite sample of straw from unde r the mat and in the center of the mat from various parts of the field. If a handful of the composite sample crackles when bent sharply, the straw is dee med dry enough to burn.

5.16 Daily Acreage Allocation: The maximum number of acres of agricultural waste, in rice equivalent acres, that may be burned per day in the Butte County Air Quality Management District as determine d by the Smoke Management Program Coordinator (SMPC) by using the daily basinwide acreage allocation equation contained in the approv ed Agricultural Burning Plan per Title 17 CCR. Agricultural burning conduc ted above 2,000 feet is not included in the Daily Acreage Allocation.

5.17 Disposal: Destruction or transformation of garbage or rubbish

.

5.18 DISTRICT: The Butte County Air Quality Management District ha ving jurisdiction over Butte County.

5.19 Fire Agency Burn Permit: A burn permit issued by a fire protection agency which includes conditions to be followed to protect people, property and the environment from fires, and for the prevention of h igh-intensity fires through reduction of the volume and continuity of fuels, or for disposal of vegetative

waste.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-8 5.20 Fire Hazard Reduction Burning: Open burning conducted at multi-unit dwellings, by commercial entities, and on residenti al lots equal to or greater than one (1) acre when done for the purpose of comp liance with local fire

hazard reduction ordinances.

5.21 Fire Protection Agency: Any agency with the responsibility and authority to protect people, property, and the environment from fire, and having jurisdiction within a district or region.

5.22 Forest Management Burning: The use of open fires to remove forest debris as part of a forest management practice. Forest man agement practices include timber operations, silvicultural practices and fore st production practices.

5.23 Garbage : Discarded or useless material except vegetative wastes and agricultural wastes.

5.24 Incinerator: Any device constructed of nonflammable materials, i ncluding containers commonly known as burn barrels, used for the purpose of burning therein trash, debris, and other flammable material s for volume reduction or

destruction.

5.25 Land Clearing: The removal of vegetation from any site, parcel or lot for purposes of real estate development.

5.26 Land Manager: Any federal, State, local, or private entity or per son that administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land.

5.27 Magalia/Upper Ridge Area: That portion of Butte County which is located within the Town of Paradise Sphere and is north of the Town of Paradise

limits.

5.28 National Emissions Standards for Hazardous Air Poll utants (NESHAPs): The emissions standards set by the federal governme nt for an air pollutant that may cause an increase in fatalities or in seri ous, irreversible, or incapacitating illness.

5.29 No-Burn Day: Any day, or portion thereof, designated by the APC O, CARB, or a local, State or federal fire protection agency having jurisdiction over the burn location, during which no fires may b e ignited and no material may be added to an approved existing fire except as authorized in Section 9 of

this Rule.

5.30 Non-Agricultural Burning: As regulated under HSC §41800, et. seq., all open burning set pursuant to Section 10 of this Rul e including, but not limited to, fires set by a public officer or public entity, land clearing for commercial or residential property development, and fire hazar d reduction burning.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-9 5.31 Open Burning , Open Outdoor Fire(s) or Open Fire(s) : Combustion of any material of any type, outdoors in the open air, whe re the products of combustion are not directed through a flue, stack o r chimney.

5.32 Paper Containers of Agricultural Chemicals : Sacks or other receptacles that are predominately of paper and manufactured to contain pesticides, fertilizer, or toxic chemicals, and emptied and use d in the field for purposes intimately associated with the growing and harvesti ng of crops.

5.33 Permissive Burn Day or Burn Day: Any day, or portion thereof, on which allowable burning is not prohibited by the DISTRICT , CARB or any local, State or federal fire protection agency having juri sdiction over the proposed burn location and is authorized by the DISTRICT in accordance with the Smoke Management Program for Agricultural and Presc ribed Burning, as set

forth in Title 17 CCR.

5.34 Person : Any person, firm, association, organization, par tnership, business trust, corporation, limited liability company, comp any, State or local government agency, public district, or any officer or employee thereof, and the United States or its agencies, to the extent au thorized by federal law.

5.35 Prescribed Burning: The planned application and confinement of fire to

wildland fuels on lands selected in advance of that application to achieve any of the objectives listed in HSC §39011. The planned application of fire may also include natural or accidental ignition.

5.36 Prescribed Fire Incident Reporting System (PFIRS): The CARB webbased database which allows Districts and land mana gers the opportunity to submit Smoke Management Plans electronically and id entify and schedule the burning activities planned in a geographical area i n order to reduce smoke impacts to the public.

5.37 Prohibited Materials : Any waste or manufactured material, including bu t not limited to: petroleum products and petroleum wa stes; construction and demolition wastes; tar paper; roofing material; wir ing; flooring material; insulation; plywood; coated wire; disposable diaper s and putrescible wastes; tires; tar; non-natural wood waste; processed, pain ted or treated wood products; metals; motor vehicle bodies or parts; ru bber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; swill; ashes; glass; industrial wa stes; equipment; appliances; furniture; instruments; utensils; mattresses; shoes ; cloth; rags; paper and paper products; cardboard; boxes; crates; excelsior and other packaging materials; offal, including the carcass of any dead animal; human or animal parts or wastes, including blood and fecal matter; food contaminated material; or any other non-vegetative material that when burn ed may discharge air contaminants that may cause a health risk to any pe rson.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-10 5.38 Prunings-Only Burn Day: In accordance with the Sacramento Valley Smoke Management Program, any day, or portion there of, designated by CARB or the DISTRICT as a day, or portion thereof, during which small fires for the purpose of disposing orchard prunings may b e ignited.

5.39 Range Improvement Burning: The use of open fires to remove vegetation for wildlife, game, or livestock habitat, or for th e initial establishment of an agricultural practice on previously uncultivated la nd.

5.40 Residential Burning : An open outdoor fire for the disposal of natural vegetation from a single- or two-family dwelling on lots less than one (1) acre. Residential burning conducted on lots less t han one (1) acre in size is not considered to be fire hazard reduction burning.

5.41 Residential Burn Day: Any day which has been determined by the DISTRICT to be a Permissive Burn Day for residentia l burning.

5.42 Rice Equivalent Acres: The quantity of particulate matter generated from the open burning of one (1) acre of rice straw afte r harvest, quantified as 6.3 pounds of PM10 (particulate matter which is measure d at ten (10) microns in size) per ton of rice straw burned, with a fuel loa d of three (3) tons per acre.

5.43 Rubbish : Useless waste or rejected matter; garbage.

5.44 Sacramento Valley Air Basin : The geographical area including the following counties: Butte; Colusa; Glenn; Placer; Sacramento; Shasta; Tehama; Yolo Solano; and Yuba and Sutter (collectiv ely “Feather River”).

5.45 Sacramento Valley Air Basin Smoke Management Progra m: The program which describes the policies and procedures used with hourly and daily measurements of air quality and meteorology t o determine how much biomass burning can be allowed in the Sacramento Va lley Air Basin, developed and approved pursuant to Title 17, CCR, S ection 80140 et seq.

5.46 Silvaculture or Timber Practices: The establishment, development, care and reproduction of stands of timber.

5.47 Smoke Impact Liability: Any person or land manager conducting, allowing, or using any open burning shall be held legally res ponsible for any injury, detriment, nuisance, or annoyance to a considerable number of persons or the public from the smoke generated by the open burning , including, but not limited to, a public nuisance as defined in HSC §41 700.

5.48 Smoke Management Plan: An operational plan for managing a specific fire to achieve resource benefits and specific managemen t objectives. The document shall be prepared for each fire by land ma nagers to provideBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-11

information and procedures required by the DISTRICT , in accordance with the Sacramento Valley Air Basin Smoke Management Pr ogram, to minimize smoke impacts of the proposed burn project.

5.49 Smoke Management Program Coordinator (SMPC): The Sacramento Valley Air Basin Smoke Management Program Coordinat or who centralizes and computerizes burn data storage and communicatio ns. Daily, during the fall burn season, the SMPC collects and transmits i nformation to the local air

districts and CARB.

5.50 Smoke Sensitive Area: Populated areas and other areas where the DISTRICT determines that smoke and air pollutants c an adversely affect public health or welfare. Such areas can include, but are not limited to, towns and villages, campgrounds, trails, populated recrea tional areas, hospitals, nursing homes, schools, roads, airports, public eve nts, shopping centers, and mandatory Class I areas.

5.51 State Responsibility Areas (SRAs): Areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the State Board of Forestry and Fire Protection to be p rimarily the responsibility

of the State.

5.52 Town of Paradise Sphere: The geographical area within Butte County as defined by the Butte Local Agency Formation Commiss ion which encompasses the Town of Paradise and adjacent areas , including the Magalia/Upper Ridge Area.

5.53 Variance : T emporary exemption from DISTRICT rules or regulations granted to sources by the DISTRICT Hearing Board.

5.54 5.53 Wildland: Any area where development is generally limited t o roads, power lines, and widely scattered structures. Such land is not cultivated (i.e., the soil is disturbed less frequently than once in ten (10) years), is not fallow, and is not in the United States Department of Agric ulture Conservation Reserve Program. The land may be neglected altoget her or managed for such purposes as wood or forage production, wildlife, re creation, wetlands, or protective plant cover.

5.54.1 5.53.1 For SRAs only, “Wildland” as specified in PRC Secti on 4464(f) means any land that is classified as an SRA pursuant to Article 3 (commencing with PRC Section 4125) of Cha pter 1, Part 2 of Division 4 and includes any such land having a p lant cover consisting principally of grasses, forbs, or shrubs that are valuable for forage; and,

5.54.2 5.53.2 “Wildland” also means any lands that are contiguous to lands

classified as an SRA if wildland fuel accumulation is such that a wildland fire occurring on these lands would pose a threat to the adjacent SRA.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-12 5.55 5.54 Wildland Vegetation Management Burning: The use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land pr edominantly covered with chaparral, trees, grass, or standing brush as defin ed in Title 14, California Administrative Code, Section 1561.1.

6 GENERAL PROHIBITIONS

6.1 Except as provided in this Rule, no person or land manager shall conduct, allow, or use open fires for the purpose of disposa l of any waste or other

material.

6.2 All open fires shall be free of prohibited materials.

6.3 All vegetative material to be burned must be burned on the property where the material was grown. Material shall not be tran sported to another location

to be burned.

6.4 A burn permit shall not be valid on a No-Burn Day. No person shall knowingly set or permit burning on a No-Burn Day ex cept as provided in Sections 9.8 and 9.9 of this Rule. A person shall be deemed to have permitted burning if they allow the setting or use of a fire for disposal under their control, on land under their control, or by employe es or other persons under

their control.

6.5 It is unlawful to burn rubbish or garbage at dumps, landfills, or refuse disposal areas, or at any solid waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte , except under a v ariance

.

6.6 Open fires in orchards or citrus groves for the pur poses of frost protection are prohibited.

7 BURN PERMIT REQUIREMENTS

7.1 General Requirements: Except as provided in Section 7.4 below, a person shall obtain a valid burn permit issued by the APCO and follow the conditions specified on the permit to ensure adhere nce to this Rule prior to:

7.1.1 Igniting any open fire;

7.1.2 Conducting, performing or participating in any open burning activity; or,

7.1.3 Allowing open burning on any property under the per son’s possession.

7.2 Required Information: Each permit applicant shall provide such information as is required by the DISTRICT and/or t he designated fire protection agency for fire protection purposes.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-13 7.3 Fees: Fees for permitting shall be assessed in accordan ce with DISTRICT Regulation V- Fees

.

7.4 Exemptions to Burn Permit Requirements: The following are exempt from a DISTRICT burn permit (although other permitt ing requirements from fire protection agencies may be required):

7.4.1 Open outdoor fires used for cooking food for human consumption or for recreational purposes;

7.4.2 Open burning of vegetation at one- or two-family re sidences on lots less than one (1) acre in size, provided that DISTR ICT requirements and the requirements of fire protection agencies ar e both met;

7.4.3 Open burning for the disposal of an unserviceable A merican Flag that is no longer fit for display in accordance wit h HSC §41806(c).

7.4.4 Liquid Petroleum Gas and Natural Gas-Fired Burners designed and used to kill seedling grass and weeds in orchards a nd field crops, where the growth is such that combustion will not c ontinue without the use of the burner;

7.4.5 Fires Set by public officers, as allowed in Section s 10.3 and 10.4 of

this Rule.

7.4.6 Open burning for Fire Hazard Reduction, when conduc ted in accordance with a local fire agency permit, when re quired.

8 GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES

8.1 Designated Burn Period : Only that amount of waste which can reasonably be expected to completely burn within the designate d burn hours shall be ignited on any one (1) day, except:

8.1.1 Dry trees, uprooted stumps, and branches greater th an six (6) inches in diameter may be ignited even though they cannot reasonably be expected to completely burn within the burn hours; and,

8.1.2 Vegetation greater than six (6) inches in diameter that continues to burn beyond the designated burn hours does not reli eve the permittee from smoke impact liability.

8.2 Drying Time Requirement: The elapsed time between cutting, felling or uprooting and ignition or burning shall be:

8.2.1 A minimum of thirty (30) days for trees, stumps and branches greater than six (6) inches in diameter;

8.2.2 A minimum of fifteen (15) days for vines, bushes or branches less than or equal to six (6) inches in diameter.

8.2.3 The drying time requirements stated in Sections 8.2 .1 and 8.2.2 above do not apply to the following:

8.2.3.1 Open burning of Manzanita or Scotch Broom; and,

8.2.3.2 Open burning for control of pests as authorized by the

Butte County Agricultural Commissioner.

8.2.4 The drying time requirements stated in Sections 8.2.1 and 8.2.2 mayBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-14

be waived by the APCO for good cause at the discret ion of the APCO. The adequacy of cause to waive the drying tim e requirements s hall be decided on a case

- by

- case basis by the APCO.

8.3 Fire Control: All fires shall be reasonably controlled and cont ained so that the fire does not escape.

8.4 Fire Protection Agencies : Local fire-protection agencies may have additional burning requirements for fire safety. A t all times the local fire protection agency having jurisdiction over the resp ective burn site must provide authorization for burning. Nothing in thes e regulations shall be construed as limiting the power of the fire protect ion agencies from requiring or enforcing stricter standards.

8.5 Fire Suppression: Any open burning that is in violation of this Rule may be subject to being extinguished by any fire control a gency when so requested by the APCO. The cost of fire suppression may be char ged to the person, persons, business, firm, or corporation responsible for the fire. This provision is in addition to any other penalties that are auth orized by HSC §42400 through §42404 and the provisions of this Rule.

8.6 Ignition Devices: All open fires shall be ignited with an approved i gnition

device.

8.7 Required Conduct: No person shall ignite any open fire, conduct, perf orm or participate in any open burning activity, nor sh all allow the open burning activity on any property under the person or land m anager's control that is in violation of any State law, Statute, or DISTRICT Ru le or Regulation.

8.8 Restriction Of Burning During Poor Air Quality Cond itions: The APCO may restrict burning on burn days if such burning c ould cause or contribute to extreme adverse air quality conditions. No burning shall be conducted if meteorological conditions would cause an undue amou nt of emissions to be transported into populated or sensitive receptor ar eas. No burning shall be conducted when such burns, in conjunction with pres ent or predicted meteorology, could cause or contribute to a violati on of an Ambient Air Quality Standard. In no event shall a public nuisa nce be permitted to exist by the APCO or by the permittee.

8.9 Smoke Minimization: All vegetative wastes to be burned shall be reasonably free of dirt, soil, visible surface mois ture, and moisture content in order to minimize smoke production. Vegetation sha ll be arranged so that it will ignite as rapidly as practicable within applic able fire control restrictions

and burn with a minimum amount of smoke.

8.10 Strict Liability: Any person in possession of property or who exercis es possessor rights on the property on which any open burning is performed inBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-15

violation of this Rule is strictly liable for any v iolation of this Rule. A contractor or agent acting on behalf of the person in possession of the property is also strictly liable for any violation. In addition, a parent or legal guardian of any minor violating this Rule shall be strictly liable for the minor’s conduct and violation(s).

8.11 Suspension of Burning Privilege: The APCO may suspend all burn privileges for any person or location for any viola tion of this Rule. Burning privileges may be reinstated after resolution of th e violation(s) with the

DISTRICT.

8.12 Wind Direction: Burning shall not be ignited when the wind direct ion is such that smoke from the burning of such waste woul d be blown or carried into a nearby populated area and could create a pub lic nuisance.

9 AGRICULTURAL BURNING

9.1 General Conditions: Unless specifically exempted in Section 7.4 of this Rule, agricultural burning shall be subject to perm itting requirements and are also subject to the General Burn Requirements, Cond itions, and Practices

described in Section 8 of this Rule.

9.2 Burn Hours: A person shall not commence any open burning before or after the burn hours, as follows:

9.2.1 For orchard prunings, brush and land clearing waste , burn hours are between 8:45 a.m. and one (1) hour before sunset;

9.2.2 Between March 1 and August 31, for all field crops, including rice, ditchbanks, weeds, and levees, burn hours are betwe en 10:00 a.m. and 5:00 p.m.;

9.2.3 Between September 1 and February 28, for all field crops, including rice, ditchbanks, weeds, and levees burn hours are between 10:00 a.m. and 3:00 p.m. All fires shall be completely ou t by 4:00 p.m.; and,

9.2.4 CARB may restrict or relax the burn hours due to ai r quality factors. Any restriction or relaxation of burn hours shall o nly be enforceable on the day that the burn restrictions or relaxation s are in effect.

9.3 Daily Acreage Allocation: No person shall cause an exceedance of the DISTRICT daily acreage allocation.

9.4 Field Crop Burn Limitation: No field crop acreage which was harvested prior to September 10 shall be burned during the pe riod of October 1 through November 15 of each year unless written authority i s given by the APCO.

9.5 Notice of Intent to Ignite: Prior to ingition of waste pursuant to a permit issued in accordance with this Rule, the permittee shall give notice of intent to ignite:BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-16

9.5.1 The permittee must contact the DISTRICT and receive verbal authorization prior to burning any of the following : 9.5.1.1 Rice and other field crops;

9.5.1.2 Weeds and ditch banks;

9.5.1.3 Orchard removal;

9.5.1.4 Stumps;
9.5.1.5 Wildland vegetation management;

9.5.1.6 Forest management;
9.5.1.7 Range improvement;

9.5.1.8 Flood debris, pursuant to Section 9.7 below; or,

9.5.1.9 When restriction of burning during poor air quality

conditions are in effect, pursuant to Section 8.8 o f this

Rule.

9.5.2 For burning brush or orchard waste, or for land cle aring of less than five (5) acres, the permittee must call the agricul tural burn information recorder and provide the following info rmation:

9.5.2.1 Burn permit number;

9.5.2.2 Type of Crop;

9.5.2.3 Acreage to be burned; and,

9.5.2.4 Location of the burn.

9.6 Paper Containers of Agricultural Chemicals : The open burning of paper containers of agricultural chemicals must be conduc ted in accordance with EPA’s Department of Pesticide Regulations Guideline s for Emptying and Burning of Pesticide Bags, Chapter 13, General Poli cy Guidelines, Bag Disposal. Burning shall be conducted at the site of application under the conditions of a burn permit issued to the grower or applicator, in accordance with proper disposal guidelines specified on the pa ckaging and downwind from any person or susceptible crops. In addition, only one (1) day’s accumulation of empty bags can be burned in any one (1) day. Only paper bags, inner bags, and paper outer containers may be burned. A commercial applicator, either ground or aerial, can burn prope rly emptied pesticide sacks where the bags are opened and emptied at the applic ation site and under the agricultural burn permit issued to the grower or ap plicator.

9.7 Flood Debris: Agricultural fires set for the pupose of removing wood and vegetation debris deposited by floodwaters on agric ultural lands may be authorized by the APCO provided that the person set ting the fire maintains an active burn permit with the DISTRICT and provided t hat the person conducting the burn provides notice of intent to ig nite prior to ignition of the waste. The fire must be set or allowed by the fire agency having jurisdiction and must be necessary for the continuing or maintai ning of an agriculture operation as a gainful occupation.

9.8 Permit to Burn on a No-Burn Day: The APCO may authorize agricultural burning by special permit on days designated by CAR B as No-Burn Days when denial of such permit would threaten imminent and substantialBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-17

economic loss or would cause a public health hazard . The granting of such a special permit does not exempt the applicant from a ny other DISTRICT or fire control regulation. The applicant shall submit to the APCO in writing on a DISTRICT-provided form, the reason(s) why denial of the permit would cause imminent and substantial economic loss or a p ublic health hazard. The daily acreage burned under this Rule shall conform with the Sacramento Valley Air Basin Guidelines and may be issued only when downwind metropolitan areas are forecasted to achieve ambien t air quality standards.

9.9 Range Improvement Burning on a No-Burn Day: The APCO may designate a period or a portion of such period from January 1 st through May

31 st each year, during which time range improvement bur ning may be conducted by permit on a No-Burn Day, provided that more than fifty (50) percent of the land has been brush treated. If the burn is performed primarily for the improvement of land for wildlife or game ha bitat, the Department of Fish and Game may specify the amount of brush treat ment required.

CARB may prohibit range improvement burning under t his Rule if such prohibition is required in order to prevent a viola tion of an Ambient Air Quality Standard.

9.10 Acreage Limitation on No-Burn Days: The APCO shall limit the amount of acreage that can be burned with a special permit to burn on a No-Burn Day to 200 acres per day in rice acreage equivalents.

9.11 Rice Straw Burning: In addition to the general agricultural burning requirements of this Rule, rice straw burning shall be performed in compliance with HSC §41865, the Sacramento Valley S moke Management Program, and all of the following:

9.11.1 All rice harvesters shall employ a mechanical straw spreader to

ensure even distribution of the straw. Rice straw m ay be left in rows provided that the straw meets the following drying time criteria. Drying times begin only after the entire field has been harvested.

9.11.1.1 Rice straw may be burned prior to the drying period

specified if the straw passes the crackle test as described in Section 5.15 of this Rule, prior to bu rning;

9.11.1.2 For spread rice straw - three (3) day drying time;

9.11.1.3 For rowed rice straw - ten (10) day drying time;

9.11.1.4 For rice straw harvested with the “stripper header”

-

three (3) days after the first frost found on the f ield; or three (3) days after mowing and spreading or choppi ng straw; and

9.11.1.5 After a rain exceeding 0.15 inch (fifteen hundredth s of

an inch), rice straw shall not be burned unless the straw passes the crackle test.

9.11.2 When testing the straw for moisture using the crack le test, the person responsible for the fire shall test a compos ite sample inBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-18

accordance with the Sacramento Valley Air Basin Smo ke Management Program;
9.11.3 Rice stubble is to be ignited only by strip firing into the wind or by backfiring except where and when extreme fire hazar ds are declared to exist by the appropriate fire control agency.

9.11.3.1 The APCO may authorize other lighting techniques if

safety reasons exist or if the crop does not lend i tself to the approved techniques.

9.12 Wildland Vegetation Management Burning : 9.12.1 A Smoke Management Plan shall be required for any p roposed range improvement burn, forest management burn, or wildland vegetation management burn, regardless of size, whi ch:

9.12.1.1 Will occur below a mean sea level (MSL) elevation o f

1000 feet;

9.12.1.2 Encompasses a land area greater than ten (10) acres ; or, 9.12.1.3 Is estimated to produce more than one (1) ton of

particulate matter and which occurs at or above an

MSL elevation of 1000 feet.

9.12.2 A Smoke Management Plan shall be submitted to the D ISTRICT for review and approval at least 14 days prior to ignit ion and shall include the following information:

9.12.2.1 Amounts of material to be covered by the Smoke

Management Plan;

9.12.2.2 Location and specific objectives of the burn projec t;
9.12.2.3 Type and condition of fuel and arrangement of the

vegetation to be burned;

9.12.2.4 Direction and distances to populated or smoke sensi tive

areas; 9.12.2.5 Expected duration of the fire from ignition to

extinction; and,

9.12.2.6 Identification of responsible personnel, including

telephone contacts.

9.12.3 Projects which encompass a land area greater than 1 00 acres, are estimated to produce more than ten (10) tons of par ticulate matter,

and/or will be conducted near smoke sensitive areas shall submit a Smoke Management Plan which includes information re quired in

Section 9.12.2 above and shall also include the fol lowing additional

information:

9.12.3.1 Meteorological prescription necessary for burning ( i.e.

temperature, humidity, wind speed, and wind direction);

9.12.3.2 Fuel prescription necessary for burning;

9.12.3.3 Smoke management criteria that the permittee or the ir

designee will employ to make burn ignition decision s; 9.12.3.4 Map projection showing expected direction of smoke

travel throughout the smoke dispersion period;BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-19

9.12.3.5 Specific contingency actions, including, but not li mited

to, fire suppression or containment techniques that will be used if smoke impacts occur or if metrological conditions deviate from those specified in the Smok e Management Plan;

9.12.3.6 Alternatives to burning shall be evaluated. When t he

analysis has been prepared pursuant to the National Environmental Policy Act or the California Environmental Quality Act, as applicable, the analy sis shall be attached to the Smoke Management Plan;

9.12.3.7 Procedures for notifying the public and other agenc ies

of the burn (i.e. fire agencies, local fire safe co uncils, neighboring air districts) shall be specified;

9.12.3.8 Appropriate signs shall be posted at burn sites; an d,

9.12.3.9 Procedures for reporting public smoke complaints sh all

be specified.

9.12.4 Projects which encompass a land area greater than 2 50 acres or that continue to burn or produce smoke overnight (multi- day burns), or

will be conducted near smoke sensitive areas shall submit a Smoke Management Plan that includes information required in Sections

9.12.2 and 9.12.3 of this Rule and also shall inclu de the following additional requirements:

9.12.4.1 Specific monitoring procedures for the project whic h

use visual monitoring or ambient particulate matter monitoring as approved by the DISTRICT;

9.12.4.2 Daily coordination between the permittee or their

designee and the DISTRICT or CARB to assure prescription parameters set forth in the Smoke Management Plan are being met; and,

9.12.4.3 Submission of a post-burn smoke management

evaluation to the DISTRCT.

9.12.5 Natural Ignition: When natural ignition occurs on a No-Burn Day, the decision to “go/no-go” for resource benefit sha ll be determined through consultation between the land manager or th eir designee and the DISTRICT to determine if the burn will satisfy smoke management requirements. The land manager or their designee shall submit a Smoke Management Plan consistent wit h this Rule within 72 hours of natural ignition.

9.12.6 Acreage Limitation: No more than 6,000 acres of wildland vegetation shall be ignited on any one (1) day with in Butte County.

9.12.7 Certificate From The CA Department of Fish and Game : No range improvement burning shall be conducted for th e improvement of land for wildlife or game habitat until the pers on desiring to conduct such burning obtains from the CA Department of Fish and Game a written statement certifying that the burnin g is desirable and proper for the improvement of land for wildlife or game habitat and

such statement is filed with the APCO. As for burni ng conducted byBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-20

the CA Department of Fish and Game, the department shall, on its own behalf, issue and file such statements.

10 NON-AGRICULTURAL BURNING

10.1 General Conditions: Unless specifically exempted in Section 7.4 of this Rule, non-agricultural burning shall be subject to Burn Permit Requirements and are also subject to the General Burn Requiremen ts, Conditions, and

Practices described in Section 8 of this Rule.

10.2 Burn Hours: Non-Agricultural burn hours are between 8:45 a.m. and one

hour before sunset. No material shall be added to the fire after 3:00 p.m.

10.2.1 Alternate burn hours may be set for SRAs under the jurisdiction of the California Department of Forestry and Fire Prot ection, the U.S. Forest Service or local municipality;

10.2.2 When a fire agency burn permit is required, persons conducting burning shall comply with the burn hours establishe d by the fire protection agency having jurisdiction over the burn site; and,

10.2.3 All persons conducting burning shall contact the lo cal fire protection agency for seasonal and specific burn hour requirem ents prior to burning.

10.3 Fires Set By Public Officers: Under HSC §41801, any public officer is authorized to set or permit a fire when such fire i s, in his or her opinion, necessary for any of the following purposes:

10.3.1 The prevention of a fire hazard which cannot be aba ted by other

means; 10.3.2 The instruction of public employees in the methods of fighting fire;

10.3.2.1 Burning of any structure shall be conducted in

accordance with NESHAPs requirements and CARB guidelines. The structure to be burned shall be ce rtified free of asbestos. Laboratory results of the asbest os testing shall be submitted to the APCO at least ten (10) days before burning; and,

10.3.2.2 The public officer shall notify the DISTRICT 48 hou rs

before any burn conducted for the purposes of train ing.

10.3.3 The setting of backfires necessary to save life or valuable property pursuant to Section 4426 PRC;

10.3.4 The abatement of fire hazards pursuant to HSC §1305 5;

10.3.5 Disease or pest prevention, where there is an immed iate need for and no reasonable alternative to burning as determi ned by the Public Health Officer or the Butte County Agricultural Com missioner and authorized by the APCO in writing;

10.3.6 The remediation of an oil spill pursuant to Section 8670.7 of the Government Code; and,

10.3.7 Disposal of Russian thistle (Salsola kali) when aut horized by a chief of a fire department or fire protection agency of a city, county, orBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-21

fire protection district, the Director of Forestry and Fire Protection or duly authorized representative, the Butte County Agricultural Commissioner, or the APCO.

10.4 Disposal of Contraband: Open outdoor fires may be used to dispose of contraband as required by official law enforcement personnel and as approved by the APCO. Prior to such burns, the DISTRICT sha ll be informed of the place, date and time of the burn, the type and quan tity of contraband to be disposed, and the method of disposal.

10.5 Industrial Site Fire Training: Open burning may be conducted for industrial site employee instruction in fire fighti ng methods and are subject to the following conditions:

10.5.1 Burning of any structure shall be conducted in acco rdance with NESHAPs requirements and CARB guidelines. The stru cture to be

burned shall be certified as free of asbestos. Lab oratory results of the asbestos testing shall be submitted to the APCO at least ten (10) days before burning.

10.5.2 The responsible party shall notify the DISTRICT not less than 48 hours before the commencement of any burn conducted for the purposes of training.

. 10.6 Land Clearing : Open burning of natural vegetation on land being developed for real estate development purposes may be conduct ed pursuant to HSC §41802 through §41805 and are subject to the follow ing conditions:

10.6.1 Prior to ignition of waste pursuant to a permit iss ued in accordance with this Rule, the permittee shall give notice of intent to ignite by contacting the DISTRICT and must receive verbal aut horization prior to burn;

10.6.2 Before DISTRICT authorization shall be granted for the burning of wood waste from trees, vines, or bushes on property encompassing five (5) or more acres which is being developed for commercial or residential purposes, a DISTRICT inspection is requ ired; and,

10.6.3 The local fire protection agency having jurisdictio n over the respective burn site must also provide authorizatio n for burning.

10.7 Right of Way, Levee, Reservoir, and Ditch Clearing: Right of Way, Levee, Reservoir, and Ditch Clearing may be conducted by a public entity or utility pursuant to HSC §41807 and are subject to the follo wing conditions:

10.7.1 Material growing in or on ditches, ditch banks and drainage areas may be burned in place without being cut, uprooted, or treated;

10.7.2 Prior to ignition of waste pursuant to a permit iss ued in accordance with this Rule, the permittee shall give notice of intent to ignite by contacting the DISTRICT and must receive verbal aut horization prior to burn; and,

10.7.3 The local fire protection agency having jurisdictio n over the respective burn site must also provide authorizatio n for burning.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-22 10.8 Fire Hazard Reduction : Burning may be conducted at multi-unit dwellings

, by commercial entities, and on residential lots equ al to or greater than one (1) acre when done for the purpose of compliance with l ocal fire hazard reduction

ordinances.

11 RESIDENTIAL BURNING

11.1 General Conditions: Residential burning is permitted under the authorit y of a permit issued by the designated fire protection a gency when a fire agency permit is required. Such burning is also subject t o the General Prohibitions described in Section 6 and General Burn Requirement s, Conditions, and

Practices described in Section 8 of this Rule as we ll as the following:

11.1.1 Residential burning shall only occur on declared pe rmissive Residential Burn Days;

11.1.2 Fire agency permits shall not be valid on Residenti al No-Burn Days. No person shall knowingly set or permit residential open burning on a Residential No-Burn Day;

11.2 Burn Hours: Residential burn hours are between 8:45 a.m. and o ne hour

before sunset. No material shall be added to the f ire after 3:00 p.m. Alternate burn hours may be set for SRAs under the jurisdicti on of the California Department of Forestry and Fire Protection, the U.S . Forest Service or local municipality.

11.2.1 When a fire agency burn permit is required, persons conducting residential burning shall comply with the burn hour s established by the Fire Protection Agency having jurisdiction over the burn site;

11.2.2 All persons conducting residential burning shall co ntact the local fire protection agency for seasonal and specific bu rn hour requirements prior to burning.

11.3 Performance Standards : 11.3.1 No person shall dispose of any material from any pr operty by burning outdoors in a burn barrel or incinerator un less exempted by Section 93113, Title 17 of the CCR.

11.3.2 To minimize smoke impacts to nearby occupied dwelli ngs, open fires shall be located more than 25 feet from any o ccupied dwelling located on an adjacent parcel.

11.3.3 The maximum pile size shall not exceed four (4) fee t in diameter.

11.3.4 To minimize accidental ignition of prohibited mater ials, all areas within ten (10) feet of the outer edge of the burn pile shall be

maintained to be free and clear of all flamable mat erial and vegetation.

11.3.5 A responsible adult shall be in attendance with a s hovel at all times

until the fire is dead out.

11.3.6 A water hose or other water source that can readily apply adequate amounts of water to all parts of the burn site must be available.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 300 Proposed for Adoption August 27, 2015 300-23

11.3.7 No burning shall be conducted unless site specific weather conditions (particularly wind) are such that the bu rning can be

considered safe.

11.3.8 The burning of Poison Oak is prohibited.

11.4 Additional Requirements for the Magalia/Upper Ridge Area: During the months of January through June, residential burning shall only be authorized for those areas north of Wycliff Way/Perry Road fro m the 1 st through the 15 th
of each burn season month, and south of Wycliff Way /Perry Road from the

16 th through the last day of each burn season month.

11.5 Additional Requirements for the Chico Sphere of Inf luence: Residential burning is prohibited on lots less than 0.90 acre i n size in the unincorporated areas of Butte County which are within the Chico Sp here of Influence.

12 SEVERABILITY : If any section, subsection, sentence, clause, ph rase, or portion of this Rule is, for any reason, held invalid, unconst itutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall n ot affect the validity of the remaining portions thereof.

## Attachment B

Proposed Resolution of Adoption of Amended Rule 300Resolution 2015-11 (August 27, 2015) RESOLUTION 2015-11
BEFORE THE BOARD OF DIRECTORS OF BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT

STATE OF CALIFORNIA

Resolution 2015-11............................................................................................... .........) Adopt proposed amended Rule 300 - Open Burning Requirements, Prohibitions and Exempti ons )

WHEREAS, the Butte County Air Quality Management Di strict Board obtains its authority to adopt, amend, or repeal rules and regulations from California health and Safety Code Sections 40000, 40001, 40701, 4070 2;

AND WHEREAS, the Butte County Air Quality Managemen t District Board has determined that the proposed amended rules are written such that the meaning can be understood by the persons directly affected by it (Health and Safety Code Section 40727(b)(3));

AND WHEREAS, the Butte County Air Quality Managemen t District Board has determined that the proposed amended rules adopted herein are in harmony with, a nd not in conflict with or contradictory to existin g statutes, court decisions, or state or federal regulations (H ealth and Safety Code Section 40727(b)(4));

AND WHEREAS, section 80160 of the California Code o f Regulations requires the local air district to ad opt a rule including the requirements of section 80160;

AND WHEREAS, the definition of “Open Burning” has b een clarified in the Rule to ensure “Open Outdoor Fi re(s) and Open Fire(s)” has the same meaning and allow res cinding of open burning related terms in existing S IPapproved Rule 102-Definitions;

AND WHEREAS, the Butte County Air Quality Managemen t District Board conducted a public hearing on Augu st 27, 2015, concerning the proposed amendments herein ;

AND WHEREAS, the District staff has made notice of the public hearing adopting this rule, held a publi c workshop meeting, and received comments as included in the s taff report, which are included herein as a record of those proceedings;

THEREFORE, BE IT RESOLVED, that the Butte County Air Q uality Management District Board hereby adopts, wit h an effective date of August 27, 2015, Amended Regul ation III, Rule 300 - Open Burning Requirements, Prohibitions and Exemptions , as proposed in the attachments to the July 15, 20 15, staff report.

On Motion of ______________, Seconded by __________ ___, the foregoing resolution is hereby PASSED AND ADOPTED BY THE Air Quality Management District Board of Directors on this 27 th day of August 2015 by the following:

AYES:
NOES:
ABSTAIN:
ABSENT:

________________________________________ W. James Wagoner, Air Pollution Control Officer Butte County Air Quality Management District I hereby attest that this is a true and correct cop y of the action taken by the Butte County Air Quality Management District Bo ard of Directors on August 27, 2015.

ATTEST: ___________________________________________

Cora Collins, Clerk of the Governing Board

## Attachment C

Notice of Public Workshop and HearingT:\Rules Regs\Development\Rule 300 Open Burning\201 5 Amendments\Proposed Rule NOTICE OF PH AND WORKSHO P.docx NOTICE OF PUBLIC HEARING AND WORKSHOP

NOTICE IS HEREBY GIVEN that the Butte County Air Qu ality Management District (District) Governing Board will hold a public workshop and pub lic hearing to consider the proposed amendments to Regulation III, Rule 300— Open Burning Requirements, Prohibitions and Exemptions to streamline the rule to fulfill the program requ irements needed for full approval into the District’s federal State Implementation Pl an.

The time, date, and location of the public workshop and hearing are given below:

Public Workshop : Monday, July 20, 2015 at 10 a.m., Butte County P ublic Library, 1108 Sherman Avenue, Chico, CA. Public Hearing to Consider Adoption : Thursday, August 27, 2015 at 10:00 a.m., Chico City Council Chambers, 421 Main Street, Chico, CA.

The Staff Report and proposed rule may be reviewed at the District office at the address below or

on the District website: www.bcaqmd.org . For additional information please contact Ursula Parker at (530) 332-9400, ext. 104. Written comment s on the proposed amended rule must be submitted by August 18, 2015 to: Board Clerk, Butte County Air Quality Management District, 629 Entler Avenue, Suite 15, Chico, CA 95928.

DATED: July 15, 2015

By: W. James Wagoner

AIR POLLUTION CONTROL OFFICER

## Attachment D

U.S.E.P.A. Region IX Technical Support Document

Dated October 2014United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

for

EPA's Notice of Proposed Rulemaking

for the

California State Implementation Plan

Butte County Air Quality Management District

Rule 300, Open Burning, Prohibitions and Exemptions

Prepared by Rynda Kay

October 20 1 4- 2

-

RULE IDENTIFICATION

Agency: Butte County Air Quality Management District (BCAQMD)

Subject of this TSD: Rule 300

- Open Burning, Prohibitions and Exemptions

Amended

- February 24, 2011

Submitted

- September 21, 2012 Determined Complete

- October 11, 2012

Rules Previously Approved into the California State Implementation Plan ( SIP ) to be superseded :

Rule Title Adoption

Date Submittal

Date SIP

Approval

Date FR Citation

301 Prohibitions on Open Burning August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

302 Exemptions to Rule 301 August 6,
1985 February 10,

1986 February 3,

1987 52 FR 3226

303 Burn Permits August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

304 Exemptions to Rule 303 August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

306 Information Furnished by Permit Applicant August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

307 Ignition Hours August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

308 Notice of Intent to Ignite August 6,
1985 February 10,

1986 February 3,

1987 52 FR 3226

309 Freedom from Debris and

Moisture August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

310 Arrangement of Agricultural and

Wood Waste August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

311 Drying Period August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

312 Wind Direction August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

313 Ignition Devices August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

314 Burning of Vines or Bushes

Treated with Herbicides August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

315 Rice Straw Burning August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

316 Field Crop Ignition August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

317 Field Crops Harvested Prior to September 10 August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

3 1 8 Restriction of Burning During Poor Air Quality Conditions August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

320 Certificat e f

rom Department of

Fish and Game August 6,
1985 February 10,

1986 February 3,

1987 52 FR 3226

322 Special Permit August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226- 3

-

323 Range Improvement Burning August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

324 Burning at Disposal Sites August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

325 Exemption to Rule 324 August 6,

1985 February 10,

1986 February 3,

1987 52 FR 3226

RULE SUMMARY

Rule 300 is designed to minimize the impacts of smoke and other air pollutants generated by open burning conducted within Butte County and to assure that it is managed consistent with state and federal law. Rule 300 allows open burning on permissive burn days, provided a permit is obtained; details the types of open burning that can be authorized; sets burn hours , drying

time, and ignition requirements; estab lishes burn plan requirements for prescribed burns; limits burn acreage for agricultural burning; and lists exemptions to rule requirements.

Changes from the approved SIP rules include:

1. Added n umerous definitions in Section 5 and other editorial changes to improve clarity.

2. Increased stringency by adding requirements for exempted burn types; expand ing the list of prohibited materials; and removing the exemption for fires above specified elevations.

3. Reformatted the requiremen ts to replace BC AQMD rules numbered 301

– 325 with one

new rule number 300.

EVALUATION CRITERIA

- The following criteria were used to evaluate the submitted rule.

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

2. SIP Revisions

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CA A. In addition, CAA § 193 prohibits the modification of any SIP

- approved control requirement in effect before November 15, 1990, in a nonattainment area.

3. Stringency

- Open burning emits particulate matter (PM) , including particulate matter of

ten microns or less (PM 10 ) and particulate matter of 2.5 microns or less (PM 2.5 ) directly, as well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are precursors to ozone and PM 2.5

.- 4

-

BC AQMD regulates an ozone nonattainment area, whic h is classified as Marginal under the 1997 and 2008 National Ambient Air Quality Standards (NAAQS) for ozone (40 CFR § 81.305). CAA § 182(a) exempts ozone nonattainment areas classified as marginal from

the requirement to submit an attainment demonstratio n . Because EPA interprets the reasonably available control measures (RACM) requirement of CAA § 172(c) (1) in the context of the requirement to demonstrate attainment as expeditiously as practicable, EPA does not require marginal areas to meet the RACM test (77 FR 28438; 78 FR 34196). Therefore, BCAQMD is not required to implement RACM for ozone.

BC AQMD is currently designated attainment for PM 10 (40 CFR § 81.305). Accordingly,

BC AQMD is not subject to the requirement to implement RACM or Best Available

C ontrol Measures (BACM) for PM 10 and PM 10 precursors in CAA§ 189(b) and (e). Therefore, we are not evaluating Rule 300 for compliance with RACM or BACM requirements with respect to PM 10

.

Effective December 14, 2009, EPA designated the Chico nonattainment area
, in Butte County, which is under BC AQMD jurisdiction, as nonattainment for the 2006 24

- hour

PM 2.5 NAAQS (74 FR 58688, November 13, 2009). As a result, the area was required to implement RACM for PM 2.5 . On September 10, 2013 (78 FR 55225 ), EPA issued a determination that the area had attained the 2006 24

- hour PM 2.5 standard based on complete, quality

- assured, and certified ambient air monitoring data for the 2010

– 2012 monitoring period. Under EPA's Clean Data Policy and the regulations that embody it, 40 CFR 51.1004(c) (for PM 2.5 ), an EPA determination that an area is attaining the relevant standard suspends the area's obligations to submit RACM for as long as the area continues

to attain. Therefore, BCAQMD is not curre ntly required to implement RACM f or PM 2.5

. If the Chico nonattainment area is redesignated to attainment, RACM requirements for

PM 2.5 will no longer apply.

EPA EVALUATION

1. Enforceability

- BCAQMD Rule 300 provides greater clarity than the SIP

- approved rules

because it consolidates all information related to a burn type in one rule , adds additional detail and requirements for exempted burn types, a nd provides new definitions. Except for two provision s described in the “Rul e Deficiencies” section below, Rule 300 requireme nts and applicability are generally clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluat e and determine compliance consistently.

2. SIP Revisions

– BC AQMD provided EPA with a rule

- by

- rule analysis detailing where each SIP rule provision can be found in Rule 300 or how the rule was modified to be more stringent consistent with CAA § 110(l) and § 193 ( see letter from Armen Kamien, BCAQMD to Rynda Kay, EPA Region IX dated August 23, 2014 ). We generally concur

with this evaluation. Overall, we find Rule 300 incorporates the provisions of the existing SIP rules and increases stringency by providing new definitions; adding requirements for- 5

-

exempted burn types; expanding the list of prohibited materials; and removing the exemption for fires above specified elevations.

3. Stringency

– The rule largely implements reasonably available control requirements because it is generally as stringent as other California District rules for this category. However, some areas are implementing more stringent requirements that may be technologically and e conomically feasible for implementation in Butte County (see

“ Additional Recommendations for the Next Rule Revision ” ).

RULE DEFICIENCIES

BCAQMD Rule 300 contains two provisions which do not meet the evaluation criteria concerning enforceability and prec lude full approval of the rule. The provisions allow the Air Pollution Control Officer ( APCO ) to independently interpret the SIP without explicit and replicable procedures within the rule to tightly define how the discretion is exercised to assure equival ent emission reductions and without explicit approval of such discretion provisions by the

EPA ( Little Blue Book, page 17; see also 52 FR 45044, 45109 (November 24, 1987 ).

1. Sections 5.53 and 6.5 prohibit burning of rubbish or garbage except under variance by the hearing board as follows:

“5.53 Variance: Temporary exemption from DISTRICT rules or regulations granted to sources by the DISTRICT Hearing Board.

6.5 It is unlawful to burn rubbish or garbage at dumps, landfills, or refuse disposal areas,

or at any solid waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte, except under variance.”

2. Sections 8.24 allows the APCO to waive drying time requirements:

“8.2.4 The drying time requirements stated in Sections 8.2.1 and 8.2.2 may be waived by the APCO for good cause at the discretion of the APCO. The adequacy of cause to waive the drying time requirements shall be decided on a case

- by

- case basis by the APCO. ”

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

The following revisions are not currently the basis for rule disapproval, but are recommended for

the next time the rule is amended.

1. In Section 6.1, consider changing “open fires” to “open bur ning” which is defined in the rule,

while open fires is not.

2. In Section 11.3.1, consider listing the population c riteria that allow and area to be exempt from the prohibition of burning in a burn barrel , rather than referring to Section 93113, Title

17 of the California Code of Regulations, which is not in the California SIP.- 6

-

3. Drying time requirements listed in Section 8.2 are shorter than in many CA Air District Rules. Consider lengthening drying times and requiring that large stumps/branches be split be fore burning e.g., Placer Rule 301, Section 306; Mo nterey Bay Rule 438, Section 3.7

.

4. Consider adding District burn permit requirements for residential burning (e.g., Monterey Bay

Rule 438 and North Coast Rules 200

- 208) and fire hazard reduction burning ( e.g., Placer Rule 301). The largest California air districts ban residential/backyard burning entirely (e.g., Bay Area Regulation 5, San Joaquin Valley Rule 4103, and South Coast Rule 444).

5. Make clear in Section 8

- General Burn Requirements, Conditions and Practices that all types of burning are subject to the No

- Burn Day restriction as defined in Section 5.29.

6. Define “imminent and substantial economic loss” for e.g., loss of one growing s eason as in Placer Rule 102, Section 237.

7. Consider adding criteria to limit filmmaking exemption in Butte 300 Section 4.6 as is done in

So uth Coast Rule 444 Section (h)(5)(E).

EPA ACTION

BCAQMD Rule 300 strengthens the SIP by consolidating all information rel ated to a burn type in one rule; providing new definitions and other editor ial changes to improve clarity; adding requirements for exempted burn types; expanding the list of prohibited materials; and removing the exemption for fires abo ve specified elevations. The rule largely fulfils the relevant Clean Air

Act §110 and Part D requirements, but the deficiencies discussed above preclude full SIP approval. EPA staff recommends a simultaneous limited approval and limited disapproval of

Rul e 300 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (web citation).

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 ( http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf ).

3. Letter from Armen Kamien, BCAQMD to R ynda Kay, EPA Region IX dated August 23,

2014.

4

. Placer County Rule 301, amended February 9, 2012.

5

. Monterey Bay Rule 438, amended February 19, 2014.

6

. North Coast 200

- 208, amended December 11, 2013.

7

. Bay Area Regulation 5, amended June 19, 2013.

8

. San Joaquin Valley Rule 4103, amended April 15, 2010.

9

. Placer Count Rule 102, amended February 9, 2012

10

. South Coast Rule 444, amended July 12, 2013.