Agenda Date: February 9, 2012

Prepared By: Ann Hobbs, Air Quality Specialist

Topic: Amendment of Regulation 3, Open Burning: and Rule 102, Definitions.

Action Requested:

1) Conduct a Public Hearing regarding the adoption of proposed amendments to Regulation 3, 

Open Burning (Rule 301 through Rule 306); and Rule 102, Definitions.

2) Adopt Resolution #12-02 (Attachment #1), thereby approving amended Rule 102, 

Definitions.

3) Adopt Resolution #12-03 (Attachment #2), thereby approving:

Rule 301- Non-Agricultural Burning Smoke Management

Rule 302 -

,

Agricultural Waste Burning Smoke Management

Rule 303 -

,

Prescribed Burning Smoke Management

Rule 304 -

, 

Rule 305 -

Land Development Burning Smoke Management,

Residential Allowable Burning

Rule 306 -

, and

Open Burning of Non-Industrial Wood Waste at Designated Disposal 

Sites.

4) Adopt and approve the Findings in the Staff Report of Attachment #3.

Discussion: On February 10, 2011, the District Board adopted six new burn rules in Regulation 

3, thereby replacing all 25 existing burn rules. The new Regulation 3 rule line-up 

consolidated the old rules under a new format, clarified and edited language and incorporated 

changes from the California Air Resources Board’s (CARB) burn regulations. At that time, 

the District worked with the US EPA to try to assure that the changes made would be 

acceptable in correcting past deficiencies.

The District submitted the new burn rules to the CARB for transmittal to the US EPA for 

inclusion in Placer County’s State Implementation Plan (SIP). This past November, the US

EPA contacted the District advising staff that they had received the SIP submittal, but that 

there might be some difficulty approving Rule 304 - Land Development Burning Smoke 

Management, which had not previously been approved as a revision to the SIP.

District staff reviewed the other Regulation 3 rules that had been adopted in February 2011,

and have proposed minor changes affecting grammar and clarity to Rules 301 through 306. 

Because the Regulation 3 rules all use terms that are common throughout as well as in the 

definitions of Rule 102, staff found that clarifying and correcting amendments are desirable 

to all six of the Regulation 3 rules and to Rule 102, Definitions. US EPA staff members have 

Board Agenda

Public Hearing/Action
PCAPCD Agenda Item

February 27, 2012

Page 2

worked with District staff on the proposed changes so that the amended rules will be 

approvable by US EPA as SIP revisions.

The public hearing was properly noticed 30-days in advance of the scheduled public hearing 

through newspaper notices on January 10, 2012, for the Auburn Journal and the Lincoln 

News Messenger, on January 13, 2012, in the Tahoe World, and on January 12, 2012, in the 

Placer Herald, and the Colfax Record. The notice was also posted on the District website.

Fiscal Impact: The amendment of the Burn Rules 301 through 306 and Rule 102 will not have 

a fiscal impact. These changes are administrative in nature and do not change the manner in 

which the District conducts the Smoke Management Program.

Recommendation: Staff recommends that the District Board, in a public hearing:

1) Adopt Resolution #12-02, thereby approving amended Rule 102, Definitions; and

2) Adopt Resolution #12-03, thereby approving:

Rule 301- Non-Agricultural Burning Smoke Management

Rule 302 -

, 

Agricultural Waste Burning Smoke Management

Rule 303 -

, 

Prescribed Burning Smoke Management

Rule 304 -

, 

Land Development Burning Smoke Management,

Rule 305 -

 

Residential Allowable Burning

Rule 306 -

, and

Open Burning of Non-Industrial Wood Waste at Designated Disposal 

Sites; and

3) Adopt and approve the Findings in the Staff Report (Attachment #3).

Attachments: #1: Resolution #12-02, Approving Amended Rule 102, Definitions, as shown 

in Exhibit I

#2: Resolution #12-03, Approving Amending Rule 301- Non-Agricultural 

Burning Smoke Management, Rule 302 - Agricultural Waste Burning 

Smoke Management, Rule 303 - Prescribed Burning Smoke Management, 

Rule 304 - Land Development Burning Smoke Management, Rule 305 -

Residential Allowable Burning, and Rule 306 - Open Burning of NonIndustrial Wood Waste at Designated Disposal Sites, as shown in Exhibits 

I through VI.

#3 Staff Report
ATTACHMENT #1

Subject:

Resolution #12-02, Amendment of Rule 102: Definitions
ATTACHMENT #2

Subject:

Resolution #12-03, Amendment of Regulation 3: Rule 301- Non-Agricultural Burning Smoke 

Management, Rule 302 - Agricultural Waste Burning Smoke Management, Rule 303 -

Prescribed Burning Smoke Management, Rule 304 - Land Development Burning Smoke 

Management, Rule 305 - Residential Allowable Burning, and Rule 306 - Open Burning of NonIndustrial Wood Waste at Designated Disposal Sites.
ATTACHMENT #3

Subject:

Staff Report