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 Compliance Specialist 

 Reviewed by: Robert McLaughlin, Assistant Air Pollution Control Officer 

 Approved by: W. James Wagoner, Air Pollution Control Officer 
1 

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 Exemptions

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 300 

Attachment C Notice of Public Hearing and Workshop 

Attachment D U.S. EPA Region IX Technical Support Document, dated October 2014
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STAFF REPORT

Executive Summary 

California Health and Safety Code (HSC) Section (§) 41804 requires air districts to develop criteria for 

the open burning of wood waste from trees, vines, or 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 amendments 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 PM2.5 non-attainment 

status. The submittal replaces existing SIP rules that are out of date. Although the EPA has found that 

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 identified 

by the EPA in order to improve the clarity of the regulation and to attain full SIP approval. Correction 

of the deficiencies involves removing the ability to petition the District’s Hearing Board for a variance 

from the prohibition against burning rubbish or garbage, and removing or providing criteria for Air 

Pollution Control Officer (APCO) discretion to waive certain drying time requirements. Amendment of 

the rule to address these deficiencies is not expected 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 inclusion in the SIP. The deficiencies identified are as 

follows: 

a. 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 a variance.” 

b. Section 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.” 

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 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 equivalent 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).” 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 levels particulate matter in Butte County. Particulate 

matter in the air is a complex mixture of tiny particles that consists of dry solid fragments, solid cores 

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 different materials such as metals, soot, soil, and 

dust. Particles that are 10 microns or less in diameter are defined as "respirable particulate matter" or 

PM10. These particles (PM10 and smaller) pose the greatest health concern because they can pass deep 

into the lungs. Particles that are 2.5 microns or less in diameter are defined as "fine particulate matter” 

or PM2.5. In addition to adverse health concerns, these fine particles can contribute significantly to

regional haze and reduction of visibility in California. 

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 particulate matter. The goal is to make progress 

toward attainment of federal and state respirable particulate matter (PM10) and fine particulate matter 

(PM2.5) standards. As the first step, SB-656 required the local air districts to develop a list of the most 
5 

readily available, feasible, and cost-effective control 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 control 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 Rule 300 amendments approved by the Board in 2010 

and 2011.

California HSC § 41804 requires air districts to develop, and the CARB to approve, criteria for the open 

burning of wood waste from trees, vines, or 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. 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 clearing 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 areas, or such other criteria as the Board may 

establish. 

District Regulation III, Open Burning Requirements, Prohibitions and Exemptions (District Rule 300), 

is designed to minimize the impacts of smoke and other air pollutants generated by open burning in 

Butte County and to assure that it is managed consistently with state and federal law. Following the 

amended Regulation III’s adoption on February 24, 2011, the amended regulation was submitted to the 

EPA for inclusion in the SIP due to the District’s federal PM2.5 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 exempted burn types, adding drying time and 

burn hour requirements to residential burning, expanding the list of prohibited materials, and by 

removing the exemption for fires above specified elevations; and, 

3. Reformatted the requirements, combining District Rules 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 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 a variance.” 
6 

b. Section 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.” 

In order to correct these deficiencies, staff amended the Regulation to strike sections 5.53 and 8.2.4 and 

struck the language, “...except under a variance.” from 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 burning 

regulations. The rescinding of Rule 102 is due to other 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 the 

definition to clarify the terms have the same meaning: 

 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 products of combustion are not directed through 

a flue, stack or chimney. 

4. COST AND SOCIOECONOMIC IMPACTS:

The District does not anticipate any costs associated with the amendments to Regulation III. California 

HSC § 40728.5(c) exempts districts with a population of less than 500,000 persons from performing a 

socioeconomic impact analysis. As of the 2013 census 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 protection of the environment and application of the 

exemption is not barred by one of the exceptions set forth in CEQA Guidelines § 15300.2. 

6. PUBLIC COMMENT

A public workshop is scheduled to be held on July 20, 2015 in Chico, in order to provide a forum for 

public comment. Comments and questions received during 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 consider 

adoption of the amended District Rule 300, Open Burning Requirements, Prohibitions and Exemptions

(Regulation III). 
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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 Code. This section has been revised through legislative 

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 Table 1. 

In addition, § 40727.2 of the HSC requires preparation of a written analysis by the District to identify 

all existing federal air pollution control requirements, any of the District's existing or proposed rules 

and regulations that apply to the same equipment or source type, and all air pollution control 

requirements and guidelines informed to the District in response to the annual published list of 

proposed regulatory action by the District. 

There are no known existing federal control requirements for agricultural or nonagricultural open 

burning. Control requirements typically are contained in the Code of Federal Regulations under various 

programs like National Emissions Standards for Hazardous Air Pollutants (NESHAPs), New Source 

Performance Standards (NSPS), New Source Review standards (NSR), Prevention of Significant 

Deterioration (PSD), and the State Implementation Program (SIP). 

District rules and regulations that apply to open burning 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”. 
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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 Pollution Control Laws, Article 2, Non-Agricultural 

Burning, Sections 41800 – 41809, Article 3, Agricultural Burning, Sections 41850-41866. 

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

Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning (ARB, effective date 

February 3, 2003). 

California Code of Regulations, Title 17, Final Regulation Order, Smoke Management Guidelines for 

Agricultural and Prescribed Burning, Effective Date March 14, 2001. 

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, 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 and Exemptions 

(Adopted February 23, 1971; Amended December 12, 1972 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 Allocation 
BUTTE 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 Pollutants (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 Program 

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

5.545.53 Wildland 

5.555.54 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 Requirements 
BUTTE 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 Conditions 

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 Area 

11.5 Additional Requirements for the Chico Sphere of Influence 

12 SEVERABILITY 
BUTTE 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 burning 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 person or land manager 

conducting, allowing, or using any open burning within the District, and to 

any person in possession of property or who exercises 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 conversion for nonagricultural purposes; or 

2.2.3 Residential burning. 

3 EFFECTIVE DATE: The provisions of this Rule shall be effective March 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 “Agricultural Burning”. 

4.2 Animal Husbandry Branding: Fires used in heating branding irons as 

necessary in animal husbandry practices provided that the fire does not 

contain prohibited materials. 

4.3 Backfires: Burning operations conducted following Section 4426 of the 

Public Resources Code (PRC) as necessary to save life 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 informed 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 for display must be 

conducted in a respectful and dignified manner in accordance with California 

Health and Safety Code (HSC) Section (§) 41806(c). 

4.6 Filmmaking: Fires set as part of a commercial film or video production 
BUTTE 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 jurisdiction, in the performance of 

official duty, and the fire is authorized in writing by the APCO. 

4.7 Fire Hazard Reduction: Burning may be conducted at multi-unit dwellings,

by commercial entities, and on residential lots equal to or greater than one (1) 

acre when done for the purpose of compliance with local fire hazard reduction 

ordinances. 

4.8 Fires Set by Public Officers: Burning operations conducted by or permitted 

by any public officer authorized pursuant to Section 10.3 of this Rule. 

4.9 Industrial Site Fire Training: Burning operations on property used for 

industrial purposes for the instruction of employees 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 property 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 applications as required by Title III 

of the California Code of Regulations (CCR), Section 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 management, range 

improvement, or the improvement of land for wildlife and game 

habitat, or for disease or pest prevention; 

5.1.2 The operation or maintenance of a system for the delivery of water 

for the purposes specified in Section 5.1.1 above; and 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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

5.1.3 Wildland vegetative management burning or forest management 

burning, including silvaculture and timber operations, or prescribed 

burning. 

5.2 Agricultural Waste(s): Unwanted or unsalable materials produced wholly 

from agricultural operations and materials not produced from agricultural 

operations but which are intimately related to the growing or harvesting of 

crops. Agricultural waste includes: Grass and weeds growing in or on fence 

rows, ditch banks, levees, in or adjacent to fields in cultivation or being 

prepared for cultivation; vegetation removed for range improvement, for 

wildlife, game, or livestock habitat, forest management debris, or for the 

initial establishment of an agricultural operation on previously uncultivated 

land; fertilizer and pesticide sacks that are burned where the sacks are 

emptied on that field; material produced from the operation or maintenance of 

waterways used in agricultural operations. Agricultural waste does not 

include agricultural commodities such as baled rice straw or hay, either intact 

or spread after baling, hulls or shells removed through 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 the APCO of the 

DISTRICT.

5.4 Approved Ignition Devices: Instruments or materials that will ignite open 

fires without the production of black smoke as approved by the APCO. This 

would include such items as liquid petroleum gas, butane, or diesel oil 

burners, flares, or other similar materials. This does not include waste 

products or fuels, tires, tar, tar paper, oil and other similar materials. 

5.5 Backfire: A fire started in the path of an oncoming fire in order to deprive it 

of fuel and thereby control or extinguish it. 

5.6 Brush Treated: Material to be burned that has been felled, crushed or 

uprooted with mechanical equipment, has been desicated 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 number, 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 quantity of materials to be 

burned at each location where burning is authorized and specifies conditions 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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

to be followed for the purpose of improving the combustibility of such waste 

in order to reduce its smoke level. 

5.10 Burn Season Month: The months of January through June where residential 

burning is only authorized in the Magalia/Upper Ridge 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 control 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 Commission which 

encompasses the City of Chico and immediately adjacent 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 possession is 

prohibited by law. 

5.15 Crackle Test: A procedure to test rice straw moisture by preparing a 

representative, composite sample of straw from under 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 deemed 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 determined by the Smoke 

Management Program Coordinator (SMPC) by using the daily basinwide 

acreage allocation equation contained in the approved Agricultural Burning 

Plan per Title 17 CCR. Agricultural burning conducted 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 having 

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 high-intensity fires through 

reduction of the volume and continuity of fuels, or for disposal of vegetative 

waste. 
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5.20 Fire Hazard Reduction Burning: Open burning conducted at multi-unit 

dwellings, by commercial entities, and on residential lots equal to or greater 

than one (1) acre when done for the purpose of compliance 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 management practices include 

timber operations, silvicultural practices and forest production practices. 

5.23 Garbage: Discarded or useless material except vegetative wastes and 

agricultural wastes. 

5.24 Incinerator: Any device constructed of nonflammable materials, including 

containers commonly known as burn barrels, used for the purpose of burning 

therein trash, debris, and other flammable materials 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 person 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 Pollutants (NESHAPs): 

The emissions standards set by the federal government for an air pollutant 

that may cause an increase in fatalities or in serious, irreversible, or 

incapacitating illness. 

5.29 No-Burn Day: Any day, or portion thereof, designated by the APCO, 

CARB, or a local, State or federal fire protection agency having jurisdiction 

over the burn location, during which no fires may be 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 Rule including, but not limited 

to, fires set by a public officer or public entity, land clearing for commercial 

or residential property development, and fire hazard reduction burning. 
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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, where the products of 

combustion are not directed through a flue, stack or 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 used in the field for purposes 

intimately associated with the growing and harvesting 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 jurisdiction over the proposed 

burn location and is authorized by the DISTRICT in accordance with the 

Smoke Management Program for Agricultural and Prescribed Burning, as set 

forth in Title 17 CCR. 

5.34 Person: Any person, firm, association, organization, partnership, business 

trust, corporation, limited liability company, company, State or local 

government agency, public district, or any officer or employee thereof, and 

the United States or its agencies, to the extent authorized 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 managers the opportunity to 

submit Smoke Management Plans electronically and identify and schedule the 

burning activities planned in a geographical area in order to reduce smoke 

impacts to the public. 

5.37 Prohibited Materials: Any waste or manufactured material, including but 

not limited to: petroleum products and petroleum wastes; construction and 

demolition wastes; tar paper; roofing material; wiring; flooring material; 

insulation; plywood; coated wire; disposable diapers and putrescible wastes; 

tires; tar; non-natural wood waste; processed, painted or treated wood 

products; metals; motor vehicle bodies or parts; rubber; synthetics; plastics, 

including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; 

refuse; rubbish; swill; ashes; glass; industrial wastes; 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 burned may discharge air 

contaminants that may cause a health risk to any person. 
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5.38 Prunings-Only Burn Day: In accordance with the Sacramento Valley 

Smoke Management Program, any day, or portion thereof, designated by 

CARB or the DISTRICT as a day, or portion thereof, during which small fires 

for the purpose of disposing orchard prunings may be ignited. 

5.39 Range Improvement Burning: The use of open fires to remove vegetation 

for wildlife, game, or livestock habitat, or for the initial establishment of an 

agricultural practice on previously uncultivated land. 

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 than 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 residential burning. 

5.42 Rice Equivalent Acres: The quantity of particulate matter generated from 

the open burning of one (1) acre of rice straw after harvest, quantified as 6.3 

pounds of PM10 (particulate matter which is measured at ten (10) microns in 

size) per ton of rice straw burned, with a fuel load 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 (collectively “Feather River”). 

5.45 Sacramento Valley Air Basin Smoke Management Program: The 

program which describes the policies and procedures used with hourly and 

daily measurements of air quality and meteorology to determine how much 

biomass burning can be allowed in the Sacramento Valley Air Basin, 

developed and approved pursuant to Title 17, CCR, Section 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 responsible 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 §41700. 

5.48 Smoke Management Plan: An operational plan for managing a specific fire 

to achieve resource benefits and specific management objectives. The 

document shall be prepared for each fire by land managers to provide 
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information and procedures required by the DISTRICT, in accordance with 

the Sacramento Valley Air Basin Smoke Management Program, to minimize 

smoke impacts of the proposed burn project. 

5.49 Smoke Management Program Coordinator (SMPC): The Sacramento 

Valley Air Basin Smoke Management Program Coordinator who centralizes 

and computerizes burn data storage and communications. Daily, during the 

fall burn season, the SMPC collects and transmits information 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 can adversely affect 

public health or welfare. Such areas can include, but are not limited to, towns 

and villages, campgrounds, trails, populated recreational areas, hospitals, 

nursing homes, schools, roads, airports, public events, 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 primarily 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 Commission which 

encompasses the Town of Paradise and adjacent areas, including the 

Magalia/Upper Ridge Area. 

5.53 Variance: Temporary exemption from DISTRICT rules or regulations 

granted to sources by the DISTRICT Hearing Board.

5.545.53 Wildland: Any area where development is generally limited to 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 Agriculture Conservation 

Reserve Program. The land may be neglected altogether or managed for such 

purposes as wood or forage production, wildlife, recreation, wetlands, or 

protective plant cover. 

5.54.15.53.1 For SRAs only, “Wildland” as specified in PRC Section 

4464(f) means any land that is classified as an SRA pursuant to 

Article 3 (commencing with PRC Section 4125) of Chapter 1, Part 2 

of Division 4 and includes any such land having a plant cover 

consisting principally of grasses, forbs, or shrubs that are valuable 

for forage; and, 

5.54.25.53.2 “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. 
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5.555.54 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 predominantly covered with 

chaparral, trees, grass, or standing brush as defined 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 disposal 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 transported 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 except 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 employees 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 variance. 

6.6 Open fires in orchards or citrus groves for the purposes 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 adherence 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 person’s 

possession. 

7.2 Required Information: Each permit applicant shall provide such 

information as is required by the DISTRICT and/or the designated fire 

protection agency for fire protection purposes. 
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7.3 Fees: Fees for permitting shall be assessed in accordance with DISTRICT 

Regulation V-Fees. 

7.4 Exemptions to Burn Permit Requirements: The following are exempt 

from a DISTRICT burn permit (although other permitting 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 residences on lots 

less than one (1) acre in size, provided that DISTRICT requirements 

and the requirements of fire protection agencies are both met; 

7.4.3 Open burning for the disposal of an unserviceable American Flag 

that is no longer fit for display in accordance with 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 and field crops, 

where the growth is such that combustion will not continue without 

the use of the burner; 

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

this Rule. 

7.4.6 Open burning for Fire Hazard Reduction, when conducted in 

accordance with a local fire agency permit, when required. 

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 designated burn hours shall be 

ignited on any one (1) day, except: 

8.1.1 Dry trees, uprooted stumps, and branches greater than 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 relieve 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 may 
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Rule 300 Proposed for Adoption August 27, 2015 300-14

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.

8.3 Fire Control: All fires shall be reasonably controlled and contained so that 

the fire does not escape. 

8.4 Fire Protection Agencies: Local fire-protection agencies may have 

additional burning requirements for fire safety. At all times the local fire 

protection agency having jurisdiction over the respective burn site must 

provide authorization for burning. Nothing in these regulations shall be 

construed as limiting the power of the fire protection 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 agency when so requested by 

the APCO. The cost of fire suppression may be charged to the person, 

persons, business, firm, or corporation responsible for the fire. This provision 

is in addition to any other penalties that are authorized by HSC §42400 

through §42404 and the provisions of this Rule. 

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

device. 

8.7 Required Conduct: No person shall ignite any open fire, conduct, perform 

or participate in any open burning activity, nor shall allow the open burning 

activity on any property under the person or land manager's control that is in 

violation of any State law, Statute, or DISTRICT Rule or Regulation. 

8.8 Restriction Of Burning During Poor Air Quality Conditions: The APCO 

may restrict burning on burn days if such burning could cause or contribute to 

extreme adverse air quality conditions. No burning shall be conducted if 

meteorological conditions would cause an undue amount of emissions to be 

transported into populated or sensitive receptor areas. No burning shall be 

conducted when such burns, in conjunction with present or predicted 

meteorology, could cause or contribute to a violation of an Ambient Air 

Quality Standard. In no event shall a public nuisance 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 moisture, and moisture content in 

order to minimize smoke production. Vegetation shall be arranged so that it 

will ignite as rapidly as practicable within applicable fire control restrictions 

and burn with a minimum amount of smoke. 

8.10 Strict Liability: Any person in possession of property or who exercises 

possessor rights on the property on which any open burning is performed in 
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Rule 300 Proposed for Adoption August 27, 2015 300-15

violation of this Rule is strictly liable for any violation 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 violation of this Rule. Burning 

privileges may be reinstated after resolution of the violation(s) with the 

DISTRICT. 

8.12 Wind Direction: Burning shall not be ignited when the wind direction is 

such that smoke from the burning of such waste would be blown or carried 

into a nearby populated area and could create a public nuisance. 

9 AGRICULTURAL BURNING

9.1 General Conditions: Unless specifically exempted in Section 7.4 of this

Rule, agricultural burning shall be subject to permitting requirements and are 

also subject to the General Burn Requirements, Conditions, 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 between 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 out by 4:00 p.m.; 

and, 

9.2.4 CARB may restrict or relax the burn hours due to air quality factors. 

Any restriction or relaxation of burn hours shall only be enforceable 

on the day that the burn restrictions or relaxations 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 period of October 1 through 

November 15 of each year unless written authority is 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: 
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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 of this 

Rule.

9.5.2 For burning brush or orchard waste, or for land clearing of less than 

five (5) acres, the permittee must call the agricultural burn 

information recorder and provide the following information: 

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 conducted in accordance with 

EPA’s Department of Pesticide Regulations Guidelines for Emptying and 

Burning of Pesticide Bags, Chapter 13, General Policy 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 packaging 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 properly emptied pesticide sacks 

where the bags are opened and emptied at the application site and under the 

agricultural burn permit issued to the grower or applicator. 

9.7 Flood Debris: Agricultural fires set for the pupose of removing wood and 

vegetation debris deposited by floodwaters on agricultural lands may be 

authorized by the APCO provided that the person setting the fire maintains an 

active burn permit with the DISTRICT and provided that the person 

conducting the burn provides notice of intent to ignite 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 maintaining 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 CARB as No-Burn Days 

when denial of such permit would threaten imminent and substantial 
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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 any 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 public 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 ambient 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 1st through May 

31st each year, during which time range improvement burning 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 habitat, the Department of 

Fish and Game may specify the amount of brush treatment required. 

CARB may prohibit range improvement burning under this Rule if such 

prohibition is required in order to prevent a violation 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 Smoke 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 may 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 burning; 

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 field; or 

three (3) days after mowing and spreading or chopping 

straw; and 

9.11.1.5 After a rain exceeding 0.15 inch (fifteen hundredths 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 crackle test, the 

person responsible for the fire shall test a composite sample in 
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accordance with the Sacramento Valley Air Basin Smoke 

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 hazards 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 itself to 

the approved techniques. 

9.12 Wildland Vegetation Management Burning: 

9.12.1 A Smoke Management Plan shall be required for any proposed 

range improvement burn, forest management burn, or wildland 

vegetation management burn, regardless of size, which: 

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

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 DISTRICT for 

review and approval at least 14 days prior to ignition 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 project; 

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 sensitive 

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 100 acres, are 

estimated to produce more than ten (10) tons of particulate matter, 

and/or will be conducted near smoke sensitive areas shall submit a 

Smoke Management Plan which includes information required in 

Section 9.12.2 above and shall also include the following 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 their 

designee will employ to make burn ignition decisions; 

9.12.3.4 Map projection showing expected direction of smoke 

travel throughout the smoke dispersion period; 
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9.12.3.5 Specific contingency actions, including, but not limited 

to, fire suppression or containment techniques that will 

be used if smoke impacts occur or if metrological 

conditions deviate from those specified in the Smoke 

Management Plan; 

9.12.3.6 Alternatives to burning shall be evaluated. When the 

analysis has been prepared pursuant to the National

Environmental Policy Act or the California 

Environmental Quality Act, as applicable, the analysis 

shall be attached to the Smoke Management Plan; 

9.12.3.7 Procedures for notifying the public and other agencies 

of the burn (i.e. fire agencies, local fire safe councils, 

neighboring air districts) shall be specified; 

9.12.3.8 Appropriate signs shall be posted at burn sites; and, 

9.12.3.9 Procedures for reporting public smoke complaints shall 

be specified. 

9.12.4 Projects which encompass a land area greater than 250 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 include the following 

additional requirements: 

9.12.4.1 Specific monitoring procedures for the project which 

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 shall be determined 

through consultation between the land manager or their 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 with 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 within Butte County. 

9.12.7 Certificate From The CA Department of Fish and Game: No 

range improvement burning shall be conducted for the improvement 

of land for wildlife or game habitat until the person desiring to 

conduct such burning obtains from the CA Department of Fish and 

Game a written statement certifying that the burning is desirable and 

proper for the improvement of land for wildlife or game habitat and 

such statement is filed with the APCO. As for burning conducted by 
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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 Requirements, 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 Protection, 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 established by the fire 

protection agency having jurisdiction over the burn site; and,

10.2.3 All persons conducting burning shall contact the local fire protection 

agency for seasonal and specific burn hour requirements 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 is, in his or her opinion, 

necessary for any of the following purposes: 

10.3.1 The prevention of a fire hazard which cannot be abated 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 certified 

free of asbestos. Laboratory results of the asbestos 

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 hours 

before any burn conducted for the purposes of training. 

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 §13055; 

10.3.5 Disease or pest prevention, where there is an immediate need for 

and no reasonable alternative to burning as determined by the Public 

Health Officer or the Butte County Agricultural Commissioner 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 authorized by a chief 

of a fire department or fire protection agency of a city, county, or 
BUTTE 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 shall be informed of the 

place, date and time of the burn, the type and quantity 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 fighting methods and are subject to 

the following conditions: 

10.5.1 Burning of any structure shall be conducted in accordance with 

NESHAPs requirements and CARB guidelines. The structure to be 

burned shall be certified as free of asbestos. Laboratory 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 conducted pursuant to HSC 

§41802 through §41805 and are subject to the following conditions: 

10.6.1 Prior to ignition of waste pursuant to a permit issued in accordance 

with this Rule, the permittee shall give notice of intent to ignite by 

contacting the DISTRICT and must receive verbal authorization 

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 required; and, 

10.6.3 The local fire protection agency having jurisdiction over the 

respective burn site must also provide authorization 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 following 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 issued in accordance 

with this Rule, the permittee shall give notice of intent to ignite by 

contacting the DISTRICT and must receive verbal authorization 

prior to burn; and, 

10.7.3 The local fire protection agency having jurisdiction over the 

respective burn site must also provide authorization 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 equal to or greater than one (1) 

acre when done for the purpose of compliance with local fire hazard reduction 

ordinances. 

11 RESIDENTIAL BURNING

11.1 General Conditions: Residential burning is permitted under the authority of 

a permit issued by the designated fire protection agency when a fire agency 

permit is required. Such burning is also subject to the General Prohibitions 

described in Section 6 and General Burn Requirements, Conditions, and 

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

11.1.1 Residential burning shall only occur on declared permissive 

Residential Burn Days; 

11.1.2 Fire agency permits shall not be valid on Residential 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 one hour 

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

burn hours may be set for SRAs under the jurisdiction 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 hours established by 

the Fire Protection Agency having jurisdiction over the burn site;

11.2.2 All persons conducting residential burning shall contact the local 

fire protection agency for seasonal and specific burn hour 

requirements prior to burning.

11.3 Performance Standards: 

11.3.1 No person shall dispose of any material from any property by 

burning outdoors in a burn barrel or incinerator unless exempted by 

Section 93113, Title 17 of the CCR. 

11.3.2 To minimize smoke impacts to nearby occupied dwellings, open 

fires shall be located more than 25 feet from any occupied dwelling 

located on an adjacent parcel. 

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

11.3.4 To minimize accidental ignition of prohibited materials, 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 material and 

vegetation. 

11.3.5 A responsible adult shall be in attendance with a shovel 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 burning 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 from the 1st through the 15th

of each burn season month, and south of Wycliff Way/Perry Road from the 

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

11.5 Additional Requirements for the Chico Sphere of Influence: Residential 

burning is prohibited on lots less than 0.90 acre in size in the unincorporated 

areas of Butte County which are within the Chico Sphere of Influence. 

12 SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of 

this Rule is, for any reason, held invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, such portion shall be deemed as a separate, distinct, 

and independent provision, and such holding shall not affect the validity of the 

remaining portions thereof. 
Attachment B 

Proposed Resolution of Adoption of Amended Rule 300
Resolution 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 Exemptions) 

WHEREAS, the Butte County Air Quality Management District Board obtains its authority to adopt, amend, or 

repeal rules and regulations from California health and Safety Code Sections 40000, 40001, 40701, 40702; 

AND WHEREAS, the Butte County Air Quality Management 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 Management District Board has determined that the proposed 

amended rules adopted herein are in harmony with, and not in conflict with or contradictory to existing statutes, 

court decisions, or state or federal regulations (Health and Safety Code Section 40727(b)(4)); 

AND WHEREAS, section 80160 of the California Code of Regulations requires the local air district to adopt a rule 

including the requirements of section 80160; 

AND WHEREAS, the definition of “Open Burning” has been clarified in the Rule to ensure “Open Outdoor Fire(s) 

and Open Fire(s)” has the same meaning and allow rescinding of open burning related terms in existing SIPapproved Rule 102-Definitions; 

AND WHEREAS, the Butte County Air Quality Management District Board conducted a public hearing on August 

27, 2015, concerning the proposed amendments herein; 

AND WHEREAS, the District staff has made notice of the public hearing adopting this rule, held a public workshop 

meeting, and received comments as included in the staff report, which are included herein as a record of those 

proceedings; 

THEREFORE, BE IT RESOLVED, that the Butte County Air Quality Management District Board hereby adopts, with 

an effective date of August 27, 2015, Amended Regulation III, Rule 300 - Open Burning Requirements, Prohibitions 

and Exemptions, as proposed in the attachments to the July 15, 2015, 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 27th 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 copy of the action taken by 

the Butte County Air Quality Management District Board of Directors on 

August 27, 2015. 

ATTEST: ___________________________________________

Cora Collins, Clerk of the Governing Board 
Attachment C 

Notice of Public Workshop and Hearing 
T:\Rules Regs\Development\Rule 300 Open Burning\2015 Amendments\Proposed Rule NOTICE OF PH AND WORKSHOP.docx 

NOTICE OF PUBLIC HEARING AND WORKSHOP 

NOTICE IS HEREBY GIVEN that the Butte County Air Quality Management District (District) 

Governing Board will hold a public workshop and public 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 requirements needed for full approval 

into the District’s federal State Implementation Plan. 

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 Public 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 comments 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 2014 
United 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 2014
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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

318 Restriction of Burning During 

Poor Air Quality Conditions

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

320 Certificate from 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
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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, dryingtime, and ignition requirements; establishes 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 numerous definitions in Section 5 and other editorial changes to improve clarity. 

2. Increased stringency by adding requirements for exempted burn types; expanding the list 

of prohibited materials; and removing the exemption for fires above specified elevations.

3. Reformatted the requirements to replace BCAQMD 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 CAA. 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 (PM10) and particulate matter of 2.5 microns or less (PM2.5) directly, as 

well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are 

precursors to ozone and PM2.5. 
-4-

BCAQMD regulates an ozone nonattainment area, which 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 demonstration. 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. 

BCAQMD is currently designated attainment for PM10 (40 CFR § 81.305). Accordingly, 

BCAQMD is not subject to the requirement to implement RACM or Best Available 

Control Measures (BACM) for PM10 and PM10 precursors in CAA§ 189(b) and (e). 

Therefore, we are not evaluating Rule 300 for compliance with RACM or BACM 

requirements with respect to PM10.

Effective December 14, 2009, EPA designated the Chico nonattainment area, in Butte 

County, which is under BCAQMD jurisdiction, as nonattainment for the 2006 24-hour 

PM2.5 NAAQS (74 FR 58688, November 13, 2009). As a result, the area was required to 

implement RACM for PM2.5. On September 10, 2013 (78 FR 55225), EPA issued a 

determination that the area had attained the 2006 24-hour PM2.5 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 PM2.5), 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 currently required to implement RACM for PM2.5. 

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

PM2.5 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, and provides new definitions. Except for 

two provisions described in the “Rule Deficiencies” section below, Rule 300 requirements 

and applicability are generally clear, and the monitoring, recordkeeping, reporting and 

other provisions sufficiently ensure that affected sources and regulators can evaluate and 

determine compliance consistently. 

2. SIP Revisions – BCAQMD 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 economically 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 preclude 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 

equivalent 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 burning” which is defined in the rule, 

while open fires is not.

2. In Section 11.3.1, consider listing the population criteria 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 before 

burning e.g., Placer Rule 301, Section 306; Monterey 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 season 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 

South Coast Rule 444 Section (h)(5)(E).

EPA ACTION

BCAQMD Rule 300 strengthens the SIP by consolidating all information related to a burn type 

in one rule; providing new definitions and other editorial changes to improve clarity; adding 

requirements for exempted burn types; expanding the list of prohibited materials; and removing 

the exemption for fires above 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 

Rule 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 Rynda 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.