629 Entler A venue, Suite 15 

Chico, CA 95918 

(530) 332-9400 

(530) 332-941 7 Fax 

Rynda Kay 

Air Division, Rules Office 

US EPA Region 9 

75 Hawthorne St. (AIR-4) 

San Francisco, CA 94105 

Ms. Kay: 

August 21, 2013 

W. James Wagoner 

Air Pollution Control Officer 

Robert McLaughlin 

Asst. Air Pollution Control Officer 

This is a request to replace Butte County Air Quality Management District's previously adopted 

and Federal Register published rules for the State Implementation Plan with District Rule 300, 

Open Burning, Prohibitions and Exemptions (amended December 2010 and February 2011). 

Attached is a separate document summary which includes the old rules mentioned above, and 

the replacement language in the amended rule. 

The changes reflected in Rule 300, Open Burning, Prohibitions and Exemptions are not intended 

to change the stringency of the District's program through the rule changes. 

If you have any questions, please contact me at (530) 332-9400, extension 108. 

Sincerely, 

Armen Kamian 

Associate Air Quality Planner 

akamian@bcagmd.org 

Enclosures: 

Attachment A, Regulation 3 List of Rules to be Superseded 

Resolution 2010-11, Amendments to Rule 300, Repeal Rules 301-309 

Public Hearing Notice for Resolution 2010-11 
ATIACHMENTA 

Regulation 3 - Open Burning 

Rule Title Adoption FR Publication Citation 

Number Date Date 

301 Prohibitions on O~en Burning 08/06/1985 02/03/1987 52 FR 3226 

302 Exem~tions to Rule 301 08/06/1985 02/03/1987 52 FR 3226 

303 Burning Permits 08/06/1985 02/03/1987 52 FR 3226 

304 Exem~tion to Rule 303 08/06/1985 02/03/1987 52 FR 3226 

306 Information Furnished by: Permit A~~licant 08/06/1985 02/03/1987 52 FR 3226 

307 Ignition Hours 08/06/1985 02/03/1987 52 FR 3226 

308 Notice of Intent to Ignite 08/06/1985 02/03/1987 52 FR 3226 

309 Freedom from Debris and Moisture 08/06/1985 02/03/ 1987 52 FR 3226 

310 Arrangement of Agricultural and Wood Waste 08/06/1985 02/ 03/ 1987 52 FR 3226 

311 Drying Period 08/06/1985 02/03/ 1987 52 FR 3226 

312 Wind Direction 08/06/1985 02/ 03/ 1987 52 FR 3226 

313 Ignition Devices 08/06/1985 02/03/1987 52 FR 3226 

314 Burning of Vines or Bushes Treated with Herbicides 08/06/1985 02/ 03/1987 52 FR 3226 

315 Rice Straw Burning 08/06/ 1985 02/03/1987 52 FR 3226 

316 Field Cro~ Ignition 08/06/1985 02/03/1987 52 FR 3226 

317 Field Cro~s Harvested Prior to Se~tember 10 08/06/ 1985 02/03/ 1987 52 FR 3226 

318 Restriction of Burning During Poor Air gualitv 08/06/1985 02/03/ 1987 52 FR 3226 Conditions 

320 Cetification From De~artment of Fish and Game 08/06/1985 02/03/ 1987 52 FR 3226 

322 S~ecial Permit 08/06/1985 02/03/1987 52 FR 3226 

323 Range lm~rovement Burning 08/06/ 1985 02/ 03/ 1987 52 FR 3226 

324 Burning at Dis~osal Sites 08/06/ 1985 02/03/1987 52 FR 3226 

325 Exem~tion to Rule 324 08/06/ 1985 02/ 03/1987 52 FR 3226 

T:\Pianning\Air Quality Planning\SIP Documents\ US EPA Regulation Ill Supersede old rules\Attachment A Ru les to be Superseded.docx 

Summary 

Butte County Air Quality Management District 

PM 2.5 SIP Submittal (Attachment) 

Rule 300 

Butte County Air Quality Management District (District) Governing Board recodified and amended 

District Rule 300, Open Burning Requirements, Definitions, and Exemptions on February 24, 2011 in 

order to add provisions that make the regulation compliant with the requirements of California Health 

and Safety Code (HSC) § 41804. At that time, existing District Rules 301 through 309 were rescinded by 

Board decision. 

On April 23, 2012, the District requested California Air Resources Board to review Rule 300, Open 

Burning, Prohibitions, and Exemptions for its PM2.5 SIP submittal. At that time, the request to remove 

the Regulation 3 -Open Burning existing rules 301-304, 306-320, 322-325 (originally adopted 8/6/85, 

published in the Federal Register 2/3/87, Citation #52 FR 3226) was inadvertently omitted. 

This document contains the old SIP rules and language from the new replacement rule, demonstrating 

that Rule 300 does not relax those old rules. 

REGULATION Ill 

OPEN BURNING 

Bold is the original rule, replacement language in Rule 300, adopted by Butte County Air Quality 

Management District (District) Board and last amended on 2/24/11, follows each section in non-bold 

type. 

RULE 301 PROHIBITIONS ON OPEN BURNING 

Except as provided in these Rules, no person shall use open fires for the purpose of disposal of 

petroleum wastes, demolition debris, tires, tar, trees, wood waste or other combustible or flammable 

solid or liquid waste or for metal salvage or burning of automobile bodies. (Replaced by Sections 6.1 

and 6.2) For purposes of this section, a person shall be deemed to have permitted the setting or use of 

such fires if he permits the setting or use of such fires for the disposal of such wastes under his 

control, on land under his control or by employees or other persons under his control. (Replaced by 

Section 8.1) 

Replaced by Rule 300, Sections 6.1, 6.2 (GENERAL PROHIBITIONS) and 8.1 (GENERAL BURN 

REQUIREMENTS, CONDITIONS AND PRACTICES): 

6.1 Except as provided in this Rule, no person or land manager shall conduct, allow, or use open fires for 

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the purpose of disposal of any waste or other material. 

6.2 All open fires shall be free of prohibited materials. 

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 rea sonably 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. 

RULE 302 EXEMPTIONS TO RULE 301 

The provisions of this rule have been replaced by Rule 300, Sections 4.13, 4.1, 4.14, 4.10, 4.8, 4.9, 4.3 

respectively (EXEMPTIONS) as follows: 

A. Single and Two-Family Dwelling Exemption 

Nothing in these regulations shall be construed as prohibiting burning for the disposal of 

combustible or flammable solid waste of a single or two-family dwelling on its premises; provided, 

however, that no burning of garbage, demolition debris, petroleum waste, tires, tar, plastics, cloth 

or other similar smoke producing materials on said premises shall be permitted. 

Replaced by Section 4.13: 

Residential Burning: Burning for the disposal of vegetative waste authorized pursuant to Section Error! 

Reference source not found. of this Ru le. 

B. Agricultural Burning Exemption 

Nothing in these regulations shall be construed as prohibiting agricultural burning authorized 

pursuant to Rule 303. 

Replaced by Section 4.1: 

Agricultural Burning: Burning for the disposal of agricultural waste authorized pursuant to Section 9 of 

this Rule "Agricultural Burning". 

C. Right of Way, Levee, Reservoir, and Ditch Clearing Exemption 

Nothing in these regulations shall be construed to prohibit burning by a public entity or utility for 

right-of-way clearing or other property access, or for levee, reservoir, ditch or drainage 

maintenance. No material may be burned pursuant to this section unless the burning is done on a 

burn day and the material to be burned has been arranged so that it will ignite as rapidly as 

practicable within applicable fire control restrictions and burn with a minimum of smoke. Such 

material shall be cut, uprooted or treated, and allowed to dry, in the same manner as specified in 

Rule 311 and 314 of these Rules; provided, however, that material growing in or on ditches, ditch 

banks and drainage areas may be burned in place without being cut, uprooted or treated. 

Replaced by Section 4.14: 

Right-of-Way Clearing: Burning by a public entity or utility for right-of-way clearing or other property 

access, or for levee, reservoir, ditch, or drainage maintenance authorized pursuant to Section 10.7 of 

this Rule. 

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D. Land Clearing Exemption 

Wood waste from trees, vines, or bushes on property being developed for commercial or 

residential purposes may be disposed of by open outdoor fires on the property where it was 

grown, pursuant to the provisions of Section 41802-41805 of the Health and Safety Code and in 

compliance with the conditions of Regulation Ill. 

Replaced by Section 4.10: 

Non-Agricultural Burning: Open burning set pursuant to Section Error! Reference source not found. 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. 

E. Public Officer Exemption 

Smoke from fires set by or permitted by an public officer if such fire is set or permission given in 

the performance of the official duty of such officer, and such fire in the opinion of an officer is 

necessary: 

1. For the purpose of the prevention of a fire hazard which cannot be abated by any other 

means, or 

2. For the instruction of public employees in the methods of fire fighting, or 

3. For the improvement of watershed range or pasture, or 

4. For the growing of crops or raising of fowls or animals, or 

5. For the purpose of disease or pest control and prevention. 

Replaced by Section 4.8: 

Fires Set by Public Officers: Burning operations conducted by or permitted by any public officer 

authorized pursuant to Section Error! Reference source not found. of this Rule. 

F. Employee Instruction 

Smoke from fires set on property used for industrial purposes for the purposes of instruction of 

employees in methods of fire fighting. 

Replaced by Section 4.9: 

Industrial Site Fire Training: Burning operations on property used for industrial purposes for the 

instruction of employees in methods of fire fighting. 

G. Back Fires to Protect Life and Property 

Smoke from fires set pursuant to Section 4426 of the Public Resources Code as back fires 

necessary to save life or valuable property. 

Replaced by Section 4.3: 

Backfires: Burning operations conducted following Section 4426 of the Public Resources Code (PRC) as 

necessary to save life or valuable property. 

RULE 303 BURNING PERMITS 

No person shall knowingly ignite or burn agricultural or wood waste, or permit the ignition or burning 

of said wasted under his control, on land under his control or by employees or other persons under his 

control, unless he has a valid burning permit issued by the Air Pollution Control Officer and in 

accordance with Regulation Ill and V. 

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Replaced by Section 7.1: 

7.1 General Requirements: Except as provided in Sect ion Error! Reference source not found. below, a 

person shall obtain a valid burn permit issued by the APCO and follow the condit ions 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. 

RULE 304 EXEMPTION TO RULE 303 

A. No Burn Days 

A burning permit shall not be valid on a no-burn day and a person shall not knowingly set or 

permit burning on a no-burn day. For the purpose of Regulation Ill, a person shall be deemed to 

have permitted burning if he permits the setting or use of such fires for the disposal of agricultural 

or wood waste under his control, on land under his control or by employees or other persons 

under his control. The burning of pesticide sacks at the site of application is not prohibited by 

Regulation Ill provided the burning is conducted downwind from any person or susceptible crops. 

A burning permit shall not be valid for any day on which burning is prohibited, for the purposes of 

fire control or prevention, by the designated fire control agency having jurisdiction over the site of 

the burn. 

Replaced by Section 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 t hey allow the setting or use of a fire for disposal under t heir control, on land under 

their control, or by employees or other persons under their control. 

B. Elevation Exemption 

A burning permit is not required for the open burning in agricultural operations in the growing of 

crops or raising of fowl or animals, or the open burning for disease and pest prevention, at 

altitudes above 3,000 feet mean sea level {MSL). 

This Section was removed. 

C. LPG and Natural Gas Fired Burners for Agricultural Burning 

A burning permit is not required for agricultural burning performed with LPG or natural gas fired 

burners designed and used to kill seedling grass and weeds in orchards and field crops and the 

growth is such that combustion will not continue without the burner. 

Replaced by Section 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. 

RULE 3061NFORMATION FURNISHED BY PERMIT APPLICANT 

Each applicant for a burn permit shall provide such information as is required by the designated fire 

protection agency for fire protection purposes and such additional information as may be required by 

the Air Pollution Control Officer. 

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Replaced by Section 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. 

RULE 307 IGNITION HOURS 

A. Agricultural and Wood Waste 

Permits shall specify the burning hours for ignition of fires, and no person shall knowingly ignite 

agricultural or wood waste, or permit the ignition of such waste under his control, on land under 

his control or by employees or other persons under his control, except during these hours. 

1. No ignition of orchard crop waste shall commence before 8:30 a.m. nor after one (1) hour 

before sunset in any one day. 

2. No ignition of field crop waste shall commence before 10:00 a.m. nor after 5:00 p.m. in any 

day. 

3. Burning hours for field crops during the fall burning program, described in Title 17 of the 

California Administrative Code, shall commence at 10:00 a.m. and ignition shall cease at 3:00 

p.m. 

Replaced by Section 9.2: 

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

follows: 

9.2.1 

9.2.2 

9.2.3 

9.2.4 

For orchard prunings, brush and land clearing waste, burn hours are between 8:45a.m. and 

one (1) hour before sunset; 

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 5:00p.m.; 

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 4:00p.m.; and, 

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 t hat the burn restrictions or 

relaxations ar~ in effect. 

RULE 308 NOTICE OF INTENT TO IGNITE 

Prior to ignition of waste pursuant to a permit issued in accordance with these rules, the permittee 

shall give notice of intent to ignite. 

Replaced by Section 9.5: 

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: 

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, 

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9.5.1.9 When restriction of burning during poor air quality conditions are in effect, 

pursuant to Section 0 ofthis 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. 

RULE 309 FREEDOM FROM DEBRIS AND MOISTURE 

All wastes to be burned shall be free of tires, rubbish, tar paper, construction debris, used pesticide 

containers, and all other non-agricultural wastes, and shall be reasonably free of dirt, soil, and visible 

surface moisture. 

Replaced by Section 6.2: 

All open fires shall be free of prohibited materials. 

RULE 310 ARRANGEMENT OF AGRICULTURAL AND WOOD WASTE 

All agricultural and wood waste shall be arranged so that it will ignite as rapidly as practicable within 

applicable fire control restrictions and burn with a minimum of smoke. Only that amount of waste 

that can reasonably be expected to completely burn within the twenty-four (24) hour period following 

ignition shall be ignited on any one (1) day; provided, however, that trees, stumps and branches 

greater than six (6) inches in diameter may be ignited even though they cannot reasonably be 

expected to completely burn within such period. 

Replaced by Section 8.1: 

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. 

RULE 311 DRYING PERIOD 

Except as provided for in Rule 315 of these Rules and Regulations, to lower the moisture content of 

agricultural or wood waste, the elapsed time between cutting, felling or uprooting and ignition or 

burning shall be: 

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

diameter. 

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

inches in diameter. 

Replaced by Section 8.2: 

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; 

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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 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. 

RULE 312 WIND DIRECTION 

Agricultural or wood waste from forest management or range or improvement of the land for wildlife 

and game habitat 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. 

Replaced by Section 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. 

RULE 313 IGNITION DEVICES 

All wastes to be burned shall be ignited only with approved ignition devices as defined in Rule 102. 

Replaced by Section 8.6: 

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

RULE 314 BURNING OF VINES OR BUSHES TREATED WITH HERBICIDES 

Notwithstanding the provisions of Rule 311, vines or bushes may be burned in place without being cut 

or uprooted if they are treated and desiccated with herbicides and allowed to dry at least six {6) 

months prior to ignition or burning. However, the applicant for a burning permit may demonstrate to 

the satisfaction of the Air Pollution Control Officer that burning vines or bushes treated with 

herbicides, prior to the expiration of such six {6) month period, could be accomplished in a manner 

which would produce no more smoke than would be produced by the burning of the same type of 

vines or bushes which had been cut or uprooted and dried for fifteen {15) days. Such burning may be 

allowed by the Air Pollution Control Officer prior to the expiration of the six {6) month period. 

This Section was removed. 

RULE 315 RICE STRAW BURNING 

The following shall apply to all rice straw and stubble burning. 

A. All rice harvesters shall employ a mechanical straw spreader to insure even distribution of the 

straw, with the exception that rice straw may be left in rows providing that it meets the drying 

time criteria prior to a burn as described in this section. 

B. The drying time after harvest shall not be less than three days and no row rice straw shall be 

burned prior to a ten-day drying time, except that if the rice straw or stubble makes an 

audible crackle when tested just prior to burning with the testing method described in this 

rule. After a rain exceeding 15/100 of an inch rice straw or stubble shall not be burned unless 

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the straw makes an audible crackle when tested just prior to burning with the testing method 

described in this section. 

C. When checking the field for moisture the grower shall test a composite sample of straw from 

under the mat, in the center of the mat and from the different areas of the field to insure a 

representative sample. A handful of straw from each area will give a good indication. 

Replaced by Section 9.11: 

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 ofthe 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 Error! Reference source not 

found. 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 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. 

RULE 316 FIELD CROP IGNITION 

Rice, barley, oat and wheat straw shall be ignited only by stripfiring into the wind or by backfiring 

except under a special permit of the District issued when and where extreme fire hazards are declared 

by a public fire protection agency to exist, or where crops are determined by the Air Pollution Control 

Officer not to lend themselves to these techniques. 

Replaced by Section 9.11.3 (pertains to rice crops only): 

9.11.1 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. 

9.11.1.1 The APCO may authorize other lighting techniques if safety reasons exist or if 

the crop does not lend itself to the approved techniques. 

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RULE 317 FIELD CROPS HARVESTED PRIOR TO SEPTEMBER 10 

No field crop acreage which was harvested prior to September 10 shall be burned during the period 

from October 1 through November 15 of each year, unless written authority is given by the District. In 

granting such written authority the District shall: 

A. Ensure that the amount of acreage which is to be burned shall be included in the 

District's allotment as specified in Rule 321. 

B. Require a specific explanation of the cultural practices which require immediate 

burning. 

C. Require the person to specify the reason why the burning was not conducted prior to 

October 1. 

D. Require the exception of this rule be valid only on permissive burn days. 

Replaced by Section 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. 

RULE 318 RESTRICTION OF BURNING DURING POOR AIR QUALITY CONDITIONS 

The Air Pollution Control Officer may restrict agricultural or wood waste burning on burn days if such 

burning could cause or contribute to extreme adverse air quality conditions. 

Replaced by Section 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. 

RULE 320 CERTIFICATE FROM DEPARTMENT OF FISH AND GAME 

No agricultural 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 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 Air Pollution Control Officer. 

Replaced by Section 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 theCA 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 theCA Department of Fish and Game, the 

department shall, on its own behalf, issue and file such statements. 

RULE 322 SPECIAL PERMIT 

Notwithstanding any other provision of this regulation, the Air Pollution Control Officer may, by 

special permit, authorize burning on days designated by the State Air Resources Board as no-burn 

days when denial of such permit would threaten imminent and substantial economic loss or would 

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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 Air Pollution 

Control Officer in writing on the form provided, his reasons 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 forecast to achieve ambient air quality standards. 

Replaced by Section 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 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. 

RULE 323 RANGE IMPROVEMENT BURNING 

The Air Pollution Control Officer may annually designate a period, or a portion of such period, from 

January 1 through May 31, during which time range improvement burning may be conducted by 

permit, as specified in Rule 303, on a no-burn day, provided more than fifty {SO} 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. 

The Air Resources Board may prohibit range improvement burning under this rule if, in the opinion of 

the State Board, such prohibition is required for the maintenance of suitable air quality. 

Replaced by Section 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 wi ldlife 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. 

RULE 324 BURNING AT DISPOSAL SITES 

It is unlawful to burn rubbish or garbage at dumps, 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. 

Replaced by Section 6.5: 

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

waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte, except 

under a variance. 

10 
BCAQMD 

Regulation 3 - Open Burning 

SIP Rules Replacement 

RULE 325 EXEMPTION TO RULE 324 

The air pollution control board shall permit a city, city and county, or county to use open outdoor 

fires, for a limited time only, in its operation of a solid waste dump, upon the finding that because of 

sparse population in the geographical area and economic and technical difficulties, the solid waste 

dump should be so operated. 

This section was removed . 

11 

RESOLUTION 2010-11 

BEFORE THE BOARD OF DIRECTORS OF THE 

BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 

STATE OF CALIFORNIA 

ADOPTING AMENDMENTS TO RULE 300, OPEN BURNING REQUIREMENTS, 

PROHIBITIONS AND EXEMPTIONS, AND REPEALING RULES 301 THROUGH 309 

Resolution 2010-11 .................. ................... ) 

Adopt Amendments to Rule 300 ...................... ) 

Repeal Rules 301 through 309 ....................... ) 

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, and 

40702; 

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

adoption of the proposed amendments to Rule 300 are necessary to implement the statutory requirements 

of California Health and Safety Code Section 41804 for open burning for fire hazard reduction and for land 

clearing for residential and commercial development; 

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

adoption of the proposed amendment and recodification of Regulation Ill into a single unified rule are 

necessary to implement the statutory requirements of California Health and Safety Code Section 41800-

41809 for nonagricultural open burning; 

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

adoption of the proposed amendment and recodification of Regulatio.n Ill into a single unified rule are 

necessary to implement the statutory requirements of California Health and Safety Code Section 41850-

41865 for agricultural open burning; 

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

adoption of the proposed amendments to Rule 300 are necessary to implement the statutory requirements 

of Senate Bill 656 which required air districts to adopt at a public meeting a list of the most readily available, 

feasible, and cost-effective control measures that could be employed to reduce emissions of PM 2.5 and 

PM 10 (collectively referred to as PM) from new, existing, and area sources; 

AND WHEREAS, the Butte County Air Quality Management District Board adopted a list of PM control 

measures pursuant to SB 656 on August 25, 2005 and which list included performance standards for 

nonagricultural burning; 

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

adoption of the proposed recodification of Regulation Ill and amendments to Rule 300 to consolidate the 

requirements common to all types of open burning (agricultural, non agricultural, and residential) into one 

equitably enforceable regulation is necessary to ensure that the new regulation is readable, 

understandable, enforceable, and consistent with State laws and the Sacramento Valley Smoke 

Management Program; · 

Resolution 2010-11 (December 9, 2010)- Page 1 
AND WHEREAS, the Butte County Air Quality Management District Board has determined that the 

concurrent repeal of Rules 301 through 309 are necessary to facilitate the recodification of Regulation Ill, 

Rule 300 into one equitably enforceable regulation; 

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

proposed amendments to the Rule are written or displayed so that its meaning can easily 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 amendments to the Rule 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 that the regulation does not impose the same requirements as an existing state or 

federal regulation (Health and Safety Code Section 40727(b)(5)); 

AND WHEREAS, the Butte County Air Quality Management District Board conducted public hearings on 

April 22, 2010, June 24, 2010 and September 23, 2010, and in order to allow for consideration of public 

comment and comments from the Board regarding the proposed amendments, with the September 23, 

2010 hearing continued to the December 9, 2010 public hearing, concerning the final proposed 

amendments and recodification herein; 

AND WHEREAS, the Staff Reports and comments received at the previous hearings are referenced herein 

as a record of these procedings; 

AND WHEREAS, the District staff has made notice of the public hearings-to adopt amendments to these 

Rules, held public workshop meetings, 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 

repeals, with an effective date of March 1, 2011, rules 301 , 302, 303, 304, 305, 306, 307, 308, and 309 as 

proposed in the February 19, 2010 Staff Report; and, 

THEREFORE, BE IT FURTHER RESOLVED, that the Butte County Air Quality Management District Board 

hereby adopts, with an effective date of March 1, 2011, proposed amendments to Rule 300, Open Burning 

Requirements, Prohibitions, and Exemptions as proposed in the Addendum to the Staff Report released on 

August 23, 2010, including non-substantive amendments as identified in the Board Report released on 

December 2, 2010 and including Option 1 for Section 11.4, Additional Requirements for the Magalia/Upper 

Ridge Area; and Option 1 for Section 11.5, Additional Requirements for the Chico Sphere of Influence. 

On Motion of by Supervisor Dolan, Seconded by Councilmember White, the foregoing resolution is hereby 

PASSED AND ADOPTED BY THE Air Quality Management District Board of Directors on this 91h day of 

December 2010 by the following: 

Resolution 201 0-11 (December 9, 201 0) - Page 2 
AYES: 

NOES: 

ABSTAIN: 

Supervisor Kirk, Supervisor Dolan, Supervisor Connelly, Supervisor Lambert, Supervisor 

Yamaguchi, Councilmember Thompson, Mayor Schwab, Mayor Fichter, Vice Mayor Johansson, 

Council member White · 

ABSENT: Councilmember Gruendl 

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 

December 9, 2010. 

Resolution 2010-11 (December 9, 201 0) - Page 3 

. 'Chico Enterprise-llecord 

400 E. Park Ave. 

Chico, Ca 95928 

530-896-7702 

erlegal@chicoer.com 

BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 

2525 DOMINIC DR STE J 

CHICO CA 95928 

IN THE SUPERIOR COURT OF THE STATE 

OF CALIFORNIA, 

IN AND FOR THE COUNTY OF BUTTE 

In The Matter Of 

NOTICE OF PUBLIC HEARING. 

AFFIDAVIT OF PUBLICATION 

STATE OF CALIFORNIA } 

ss. 

COUNTY OF BUTTE 

The undersigned resident of the county of Butte, State of 

California, says: 

That I am, and at all times herein mentioned was a citizen of 

the United States and not a party to nor interested in the 

above entitled matter; that I am the principal clerk of the 

printer and publisher of 

The Chico Enterprise-Record 

The Oroville Mercury-Register 

That said newspaper is one of general circulation as defined 

by Section 6000 Government Code of the State of California, 

Case No. 26796 by the Superior Court of the State of 

California, in and for the County of Butte; that said 

newspaper at all times herein mentioned was printed and 

published daily in the City of Chico and County of Butte; that 

the notice of which the annexed is a true printed copy, was 

published in said newspaper on the following days: 

8/23/2010 

Dated September 01, 2010 

at Chico, California 

Legal No. 0003633113 

NOnCE OF PUBUC HEARING AND WORKSHOP 

PUBUC NOnCE IS HEREBY GIVEN, pursuant to and in 

compliance with all public notice requirements in effect, 

that the Butte COunty Air Quality Management District 

(District) Governing Board of Directors will hold a Public 

Hearing on Thursday, September 23, 2010 at 10:00 a.m. to 

consider adoption of proposed amendments to District 

Rule 300, Open Burning Requirements, Prohibitions and 

Exemptions, which regulates outdoor open burning and 

codifies the existing burning rules into one rule, and Rule 

507, Burn Permit Fees, which establishes the fee schedule for bum permits issued pursuant to Rule 300. In addition, existing District Rules 301, 302, 303, 304, 305, 306, 

307, 308 and 309 are proposed for repeal as the requirements of these rules have been incorporated into the 

proposed amended Rule 300. The hearing will be held at 

the Paradise Town Hall, 5555 Skyway, Paradise, CA. A 

public workshop will be held on Tuesday, August 31, 2010 

at 4:00 p.m. at the Paradise Pines P.O.A. Recreation Hall, 14211 Wycliff Way, Magalia, CA. 

COMMENTS: The public may comment verbally or in writing prior to the time of the hearing. Interested parties 

may review the final proposed rule amendments and the 

related Staff Reports either online at www.bcaqmd.org 

or at the District Office at 2525 Dominic Drive, Suite J., 

Chico, CA, on or after August 23, 2010. The District office 

telephone number is (530) 891·2882. All written com· 

ments should be filed with the District BOARD CLERK, at 

the District Office, no later than September 16, 2010. HEARING: All persons planning to attend the Public Hear· 

ing are advised that this item may be taken up after 

10:00 am. pursuant to the order of items set forth in the 

Agenda Comments, statements, or arguments relating 

to the matters publicized in this Notice may be presented orally or in writing. Following the Public Hearing on 

September 23, 2010, and without further notice, the 

AQMD Board may adopt the proposed amendments to 

the Rules or take other action consistent with the terms 

of this Notice. 

DATED: August 23, 2010 

By: w. James Wagoner 

AIR POLLUTION CONTROL OFFICER 

P0#2010-110.1 

Publish: 08/23/2010