629 EntlerA venue, Suite 15 C

hico, 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
. JamesWagoner A irPollution Control Offi cer RobertMcLaughlin Asst
. Ai r Poll ution Contr ol 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 ofthe District's program through the rule changes. Ifyou 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Kamian Associate Air Quality Planner akamian @bcagmd.org Enclosures: Attachment A, Regulation 3 List of Rules to be Superseded Resolution 2010-11, Amendments to Rule 300, Repeal Rules 301-309 Public Hearing Notice for Resolution 2010-11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 3 10 Arrangement ofAgricultural 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 02/03/1 987 52 FR 3226 314 Burning ofVines 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 F R3226 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 08/06/1 985 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:\Piannin g\Ai r Quality Planning\SIP Docum ents\ 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 la nguage in Rule 300, adopted by Butte County Ai r Quality Management District (District) Board and last amended on 2/24/11 , follows each section in non-bold type
. RULE301 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 ofthis 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 T:\Pianning\Air Quality Planning\SIP Documents\US EPA Regulation Ill Supers ede old rules\REGULATION Ill old rules replacement summary. docxlBCAQMD Regulation 3- Open Burn i ng SIP Rules Replacement the purpose of disposal of any waste or other material. 6.2 All open fires shall be free of prohibited material s. 8.1 Designated Burn Period: Only that am ount of wast e which can reasonably be expected to comp letely burn within the designated burn hours shall be ign ited on any one (1} da y, except: 8.1.1 Dry t rees, uprooted stu mps, and branches greater than six (6} inches in diameter may be ignited even though they cannot rea sonab ly be expected to completely burn with i n 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 RULE301 The provis ions of this rule have been replaced by Rule 300, Sect ions 4.13, 4.1, 4
. 14, 4.10, 4.8 , 4.9, 4.3 respective ly (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 agricultu ral waste authorized pursuant to Section 9 of this Rule "Ag ricultural 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 min imum 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 bei ng 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 maintena nce auth ori zed pursua nt to Section 10.7 of thi s Rule
. 2BCAQMD Regulation 3- Open Bu rn ing SIP Rules Replacement

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 offire fighting, or 3. For the improvement of watershed range or pasture, or 4. For the growing of crops or raising offowls or animals, or 5
. For the purpose of disease or pest control and prevention. Replaced by Section 4.8: Fires Set by Publ ic Officers : Burning operations conducted by or permitted by any publ ic officer authorized pursuant to Section Error! Reference source not found

. ofthis Rule. F. Employee Instruction Smoke from fires set on property used for industrial purposes for the purposes of instruction of employees in methods offire fighting. Replaced by Section 4.9: Indus trial Site Fire Training: Burning operations on property used for industrial purposes for t he in struction of employees in methods offire 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. R

eplaced 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. RULE303 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. 

### 3BCAQMD Regulation 3- Open Burning SIP Rules Replacement Replaced by Section 7.1: 7. 1 General Requirements: E xce pt as provi ded in Sec t ion Error! Reference source not found. below, a person shall obtain a valid burn permit issued by the APCO and follow the cond it 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. RULE304 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 d isposal 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 va lid on a No-Burn Day. No person shall knowingly set or permit burning on a No-Burn Day exce pt as provided in Sections 9.8 and 9.9 of th is 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 unde r their co ntrol, 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 withoutthe 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, whe re the growth is such that combustion wi l l not continue without the use ofthe burner. RULE 3061NFORMATION FURNISHED BYPERMITAPPLICANT 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
. 

### 4BCAQMD Regulation 3 - Open Burning SIP Rules Replacement 

### 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 ai r 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. RULE308 NOTICE OFINTENT 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 Noti ce 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 autho rization prior to burni ng any ofthe 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, 5BCAQMD Regulation 3- Open Burning SIP Rules Replacement 9.5.1.9 When restriction of burning during poor air qua lity cond itions are in effect, pursuant to Section 0 ofthi s Rule. 9.5.2 For burning brush or orchard waste, or for land clearing of less than five (5) acres, the permittee must call th e agricultura l burn information recorder and provide the following info rmation : 9.5.2
. 1 Burn permit number; 9
.5
.2 .2 Type of Crop; 9.5 .2.3 Acreage to be burned; and, 9.5 .2.4 Location ofthe 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 OFAGRICULTURAL 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 w hi ch 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 great e r th an six (6) inches in diameter may be ignited even thoug h they cannot reasonably be expected to complete ly burn w ithin the burn hours; and, 8.1.2 Vegetation greate r than six (6) inches in diameter that continues to burn beyond the designated burn hours does not re lieve the perm ittee from smoke impact liability
. RULE311 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 Sectio n 8.2: 8.2 Drying Time Requirement: The elapsed time between cutting, felling or uprooting and ign iti on 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; 6BCAQMD Reg u lation 3- Ope n Burni ng SIP R u les Replaceme nt 8
.2
.2 A minimum of fifteen (15) days for vines, bushes or branches less than or equal to six (6) inch es i n diamete r. 8
.2
.3 The drying time requi rements s tated in Sections 8
.2.1 and 8
.2
.2 above do not apply to th e follow ing: 8.2
.3
. 1 Open burning of Manzanita or Scotch Broom; and, 8
.2
.3
.2 Open burning for cont rol of pests as authorized by the Butte County Agri cult u ral C

ommissioner . 8. 2
.4 Th e drying time requirements stated in Sections 8. 2.1 and 8. 2
.2 may be waived by th e APCO for good cause at the discretion of the APCO

. The adequa c y of cause to waive the drying time requirements shall be decided on a case-by-c ase 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 S ection 8.12 : Wind Direction : Burning shall not be ignited when the wind direction is such th at smoke from the burn ing of such waste would be blown or carried into a nearby populated area and co uld create a public nuisa nce. RULE313 IGNITION DEVICES 

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

epl aced by Section 8
.6: Ign ition D evices: All open fire s shall be ignited with an approved ignition device. RULE314 BURNING OF VINES OR BUSHES TREATED WITH HERBICIDES 

### Notwithstanding the provisions of Rule 311 , vines or bushes may be burned in place without bei ng 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 Ai r Pollution Control Officer that burning vines or bushes treated with herbicides, prior to the expiration of such six {6) month period, could be accompl ished 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 ofthe six {6) month period. This Section was removed
. RULE315 RICESTRAWBURNING 

### 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 

### 7BCAQMD Regulation 3- Open Burning SIP Rules Replacement 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 ofthe 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. ofthis 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 s traw passes the crackle test. 9
. 11
.2 When testing the s traw for moisture using the cra ckle 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 hazard s 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 itselfto the approved techniques. RULE316 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 notto lend themselves to these techniques. Replaced by Section 9.11.3 (pertains to rice crops only) : 9.11
. 1 Rice s tubble 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 agenc y. 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
.



### 8BCAQMD Regulation 3- Ope n Burning SIP Rules Replacem ent RULE 317 FIELD CROPS HARVESTED PRIOR TO SEPTEMBER 10 

### No field crop acreage which was harvested prior to September 10 shall be burned duri ng 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

. RULE318 RESTRICTION OFBURNING DURING POORAIR QUALITYCONDITIONS 

### 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 burn ing on burn days if such burning could ca use or cont ribute to extreme adverse air quality conditions. No burning shall be con ducted if meteorological co nd itions would ca use an undue amount of emissions to be transported into populated or se nsitive receptor areas. No burning shall be co nducted when such burns, in co njunction with present or predicted meteorology, co uld cause or contribute to a violation of an Ambient Air Qu ality Sta ndard
. In no event shall a public nuisance be permitted to exist by the APCO or by the permittee. RULE 320 CERTIFICATE FROM DEPARTMENT OFFISH 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 Th e CA Department of Fish and Game: No range imp rovement burning shall be conducted for the improvement of land fo r wildlife or game habitat until the person desiring to conduct such burning obtains from theCA Department of Fish and Game a written s tatement certifying that the burning is desirable and proper for th e 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 beha lf, issue and file such statements. RULE322 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 

### 9BCAQMD Regulation 3- Open Burning SI P Rules Replacement 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-Bu rn Day: Th e APCO may authorize agricultural burning by special permit o n days designated by CARB as No-B urn Days when denial of such permit would threaten imminent and su bsta ntial economic loss or would cause a public health hazard. Th e g ranting of such a special permit does not exempt the appli cant 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 w ith the Sacramento Valley Air Basin Guidelines and may be issued only w hen downwind metropo litan areas are forecasted to achieve ambient air quality standards. RULE 323 RANGE IMPROVEMENTBURNING 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. Ifthe 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 amo unt of brush treatme nt required. CARB may prohibit range improvement burn ing under this Ru le ifsuch prohibition is required in order to prevent a violation of an Ambient Air Quality Standard. RULE324 BURNING ATDISPOSAL 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 so ld waste dump, whether public or private, or to burn garbage anywhere else in the County of Butte, except under a va riance.



### 10BCAQMD Regulation 3 - Open Burning SIP R u les 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 apublic 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 inthe 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 Ru le 300 , Open Burning Requirements, Prohibitions, and Exemptions 

### as proposed in the Addendum to the Staff Report released on August 23, 2010, including non-substanti ve amendments as identified in the Boar d Report released on December 2, 2010 and including Option 1for Section 11.4, Additional Requirements for the Magalia/Upper Ridge Area ; and Option 1for Section 1 1.5, Add itional Requirements for the Chico Sphere of Influence
. On Motion of by Supervisor Dolan , Seconded by Councilmember White, the forego ing resolutionis hereby PASSED AND ADOPTED BY THE A ir Quality Management D istrict Board of D irectors on this 9 1 h 

### 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 MayorJohansson, Councilmember White · ABSENT: Councilmember Gruendl

I hereby attest that this is atrue 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 E nterprise-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. 

## AFF I DAVIT 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 laterthan 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 ofthis Notice
. DATED: August 23, 2010 By:

## w. James Wagoner AIR POLLUTION CONTROL OFFICER P0#2010-110.1 Publish: 08/23/2010