Agenda Date: February 9, 2012

Prepared By: Ann Hobbs, Air Quality Specialist

Topic: Amend ment 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) A dopt Resolution #1 2

- 0 2 (Attachment # 1 )

, thereby approving amended Rule 102,

Definitions

.

3) A dopt Resolution #1 2

- 0 3 (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 o f 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,

t he District worked with the US EPA to try to assure that the changes made would be acceptable in correct ing 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 the y had received the SIP submittal, but that there might be some difficulty approving Rule 304

- Land Development Burning Smoke

M anagement , 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 Februar y 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 am endments are desirable to all six of the Regulation 3 rules and to Rule 102, Definitions . US EPA staff members have 

## Board Agenda

Public Hearing/ActionPCAPCD 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 hear ing 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 post ed on the District web site

.

Fiscal Impact: The amend ment o f the Burn Rules 301 through 306 and Rule 102 will n ot have a fiscal impact. These changes are administrative in nature and do not cha nge the manner in

which t he District conducts the Smoke Management Program.

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

1) A dopt Resolution #1 2

- 0 2, thereby approving amended Rule 102, Definitions ; and

2) A dopt Resolution #1 2

- 0 3, 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

- Resi dential Allowable Burning

Rule 306

- , and Open Burning o f 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 R ule 301

- Non

- Agricultural Burning Smoke Management , Rule 302

- Agricultural Waste Burning Smoke Management , Rule 303

- Pr escribed Burning Smoke Management

, Rule 304

- Land Development Burning Smoke Management, Rule 305

- Residential Allowable Burning , and Rule 306

- Open Burning o f Non

Industrial 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: R ule 301

- Non

- Agricultural Burning Smoke Management , Rule 302

- Agricultural Waste Burning Smoke Management , Rule 303

- Pr escribed Burning Smoke Management , Rule 304

- Land Development Burning Smoke Management, Rule 305

- Residential Allowable Burning , and Rule 306

- Open Burning o f Non

Industrial Wood Waste at Designated Disposal Sites

.

### ATTACHMENT # 3

Subject:

Staff Report