San Joaquin Valley Unified 

Air Pollution Control District 

PROPOSED SMOKE MANAGEMENT PROGRAM 

Rules, Policies, and Procedures to Comply with the California Code of 

Regulations Title 17 Smoke Management Guidelines for Agricultural and 

Prescribed Burning 

June 20, 2002 

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TABLE OF CONTENTS 

I. BACKGROUND 1 

A. Purpose 1 

B. Authority 1 

C. District Characteristics 1 

1. General 1 

2. Attainment Status 2 

3. Geography and Topography 2 

4. Climate 3 

5. Agricultural and Prescribed Burning 3 

D. Program Development 5 

E. Document Organization 7 

II. PROGRAM RESOURCES 8 

A. Personnel 8 

B. Meteorological Resources 9 

C. Air Quality Monitoring Resources 9 

III. PROCEDURES TO MINIMIZE SMOKE 9 

A. Smoke Minimization 9 

B. Procedures for Prioritizing Agricultural Burning, Including 

 Prescribed Burning 12 

IV. SMOKE MANAGEMENT PLANNING AND PERMITTING 13 

A. Burn Permits 13 

1. Open Burning 13 

2. Prescribed Burning 15 

3. Hazard Reduction Burning 15 

 

B. Registration of Planned Prescribed Burns 16 

C. Smoke Management Plan Requirements 16 

V. BURN DECISION NOTIFICATION 16 

A. Introduction 16 

B. Procedures for Issuing Notices of Permissive Burn, Marginal Burn, 

 and No-Burn Days for Agricultural, Prescribed Burning 

 and Hazard Reduction Burning 18 
ii 

C. Procedures for Issuing 96-Hour, 72-Outlook, and 24-Hour Forecast 

 Notices for Prescribed Burns 19 

D. Final Authorization of Agricultural and Prescribed Burning 19 

E. Future Burn Allocation 20 

VI. PROCEDURES FOR ADDRESSING SMOKE IMPACTS 22 

A. Public Notification Requirements for Burns with Potential to 

 Impact Smoke Sensitive Areas 22 

B. Procedures for Addressing Potential Cross-jurisdictional 

 Smoke Impacts 22 

VII. CONSIDERATION OF ALTERNATIONS TO BURNING 22 

A. Alternative Fuel Treatment Methods 22 

B. Best Available Control Measures (BACMS) 23 

VIII. MANAGEMENT OF NATURALLY IGNITED WILDLAND FIRES 23 

IX. INSPECTION AND ENFORCEMENT 24 

A. Prescribed Burning 24 

1. Complaints Received by Agencies Other Than the District 24 

2. Complaints Received by the District 24 

B. Agricultural Burning 24 

1. Pre Burn Inspections 25 

2. Observed Burns 25 

3. Complaints 25 

C. Hazard Reduction Burning 26 

1. Hazard Reduction Burning Brochure 26 

2. Observed Burns 26 

3. Complaints 26 

X. REPORTING REQUIREMENTS 26 

A. Agricultural and Prescribed Burning 26 

B. Special Permits 27 
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APPENDICES 

A Rule 4103 

B Rule 4106 

C SJVUAPCD Agricultural Burn Permit 

D Smoke Management Plan Template 

E CDF Form LE-5 

F. Hazard Reduction Burning Brochure 

G. California Air Resources Board Form CB3 

H. ACRONYMS 

LIST OF TABLES 

1 Agricultural Burning 4 

2 Prescribed Burning 1996-1999 6 

3 Meteorological Resources 10 

4 Section 80145(o) Requirements 14 

5 Smoke Management Plan Requirements 17 

LIST OF FIGURES

Figure 1 San Joaquin Valley 4 

Figure 2 San Joaquin Valley Monitoring Stations 11 

SJVUAPCD SMOKE MANAGEMENT PROGRAM

I. BACKGROUND 

A. Purpose 

The purpose of the San Joaquin Valley Unified Air Pollution Control District’s 

Smoke Management Program (SMP) is to manage smoke caused by open 

burning, including prescribed and hazard reduction burning, protect public health, 

ensure compliance with air district rules, policies and procedures, and meet the 

requirements of the California Code of Regulations, Title 17, Smoke 

Management Guidelines for Agricultural and Prescribed Burning. 

B. Authority 

The San Joaquin Valley Unified Air Pollution Control District (District) is a duly 

constituted unified air pollution control district, as provided in California Health 

and Safety Code (HSC) Sections 41050 to 40161. The District is authorized by 

California Health and Safety Code Section 40702 to make and enforce all 

necessary and proper orders, rules, and regulations to accomplish the purpose 

of Division 26 of the HSC. Further, the SMP was prepared pursuant to Section 

41863 of the HSC and Subchapter 2, Smoke Management Guidelines for 

Agricultural and Prescribed Burning of Title 17 of the California Code of 

Regulations. Section 80155 of the latter directs the District to develop and 

submit a SMP to ARB for its review and approval. 

On June 21, 2001, the District amended Rule 4103 (Open Burning)(Appendix 

A) and adopted Rule 4106 (Prescribed Burning and Hazard Reduction Burning) 

(Appendix B). These rules permit, regulate, and coordinate the use of open 

burning, prescribed burning, and hazard reduction burning. On February 27, 

2002, the United States Environmental Protection Agency (EPA) made an 

interim final determination that the rules meet federal Best Available Control 

Measure (BACM) requirements. In addition, the District’s Compliance Division 

has developed Prescribed Burning and Open Burning Policies to assist in the 

implementation of the rules. 

C. District Characteristics 

1. General 

The San Joaquin Valley Air Basin (SJVAB) is comprised of eight counties: 

Fresno, Kern (western and central), Kings, Madera, Merced, San Joaquin, 

Stanislaus, and Tulare. Cumulatively, these counties represent approximately 16 

percent of California’s geographic area), making this area the second largest air 

quality basin as delineated by the California Air Resources Board (ARB). The 

current population within the SJVAB is approximately 3.2 million people. Based 

on California State Department of Finance projections, the population in the 

SJVAB is expected to grow to 3.6 million by 2005, to 4 million by 2010 and to 4.9 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

2 

million by 2020. Major population centers include Fresno, Bakersfield, Modesto, 

and Stockton. 

2. Attainment Status 

The San Joaquin Valley Air Basin is designated as severe nonattainment for the 

national and California one-hour ozone standards and as serious nonattainment 

for the national one-hour and 24-hour PM10 standards and as nonattainment for 

the California PM10 standards. 

3. Geography and Topography 

California is divided into regional air basins according to topographic air drainage 

features. The SJVAB consists of a continuous intermountain valley 

approximately 250 miles long and averaging 80 miles wide. Approximately 17% 

of the SJVAB, (almost 2.6 million acres) is above 6,000 feet in altitude. On the 

western edge of the Valley is the Coast Mountain range, with peaks reaching 

5,020 feet, and on the east side is the Sierra Nevada range with some peaks 

exceeding 14,000 feet. The Tehachapi Mountains form the southern boundary of 

the Valley. This mountain range includes peaks over 6,000 feet, and contains 

mountain passes to the Los Angeles basin and the Mojave Desert. The valley is 

basically flat with a slight downward gradient to the northwest. The valley opens 

to the sea at the Carquinez Straits where the San Joaquin-Sacramento Delta 

empties into San Francisco Bay. The San Joaquin Valley (SJV), thus, could be 

considered a "bowl" open only to the north. Figure 1 provides an aerial view of 

the SJV and demonstrates the bowl created in the southern end of the SJV. 

Marine air generally flows into the basin from the San Joaquin River Delta, but 

the region’s topographic features restrict air movement through and out of the 

basin. The Coastal Range hinders wind access into the valley from the west, the 

Tehachapi Mountains prevent southerly passage of airflow, and the high Sierra 

Nevada range forms a significant barrier to the east. Additionally, most of the 

surrounding mountains are above the normal height of summer inversion layers 

(1,500-3,000 feet). These topographic features result in weak airflow. 

Depending on the large scale weather patterns, there are areas where air flows 

out of the valley. These air exits include the Tehachapi Pass into the Mojave 

Desert, and to a lesser extent over the Tejon Pass and perhaps into the Cuyuma 

Valley. The wind pattern produces conditions that result in poor horizontal 

dispersion of pollutants. During high-pressure events over the SJVAB, pollutant 

dispersal is also limited vertically by inversions. As a result, the SJVAB is highly 

susceptible to pollutant accumulation over time. 

Because of the prevailing wind patterns, pollutants are generally transported, 

from northwest to southeast in the valley; however, localized winds also influence 

transport. During high pressure events, the seabreeze is sometimes inhibited by 

east winds aloft. Due to the blocking effect of the Sierras and coast range eddys 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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form in the valley that result in recirculation of pollutants. The Fresno eddy is the 

most prominent closed wind flow circulation in the valley. This counter clockwise 

circulation, formed by northwest wind at the western edge of the valley, and 

southeast winds on the east portion of the valley, recirculates pollutants around 

the central portion of the San Joaquin Valley. There are also other smaller scale 

eddies in the valley that may effect pollutant recirculation. 

4. Climate 

In general, warm, dry summers characterize the SJVAB, with the high daily 

temperature readings averaging around 95°F. The Valley averages 106 days a 

year with 90°F or hotter, and 40 days a year with 100°F or hotter. The daily 

summer temperature variation can be as high as 30°F. The SJVAB also 

experiences mild winters, with some dense fog, some frost and occasional 

freezing hours. The average daily low temperature is 45°F. The average yearly 

mean temperature over a thirty-year period is 65°F. The SJVAB has an “inland 

Mediterranean” climate, averaging over 260 sunny days per year, because semipermanent high pressure systems frequently establish themselves over the 

SJVAB, deflecting low-pressure systems that might otherwise bring rain and 

winds. 

The coast range, Sierra Nevada, and Tehachapi mountains are also contained in 

the District. Precipitation, temperature, and wind characteristics vary greatly with 

elevation. Some areas in the District at higher elevations receive 60-70 inches of 

precipitation a year. During winter months, at elevations above 4000 feet, much 

of the precipitation falls as snow. During summer months, at high elevations, 

precipitation is generated from thunderstorms spawned from monsoonal moisture 

from areas southeast of California. In the mountainous complex terrain of the 

District, during high-pressure events, the heating and cooling of mountain slopes 

generate wind. In general, daytime winds are upslope with nighttime bringing 

drainage winds. These diurnal winds influence the transport of smoke in the 

region. 

Precipitation in the SJVAB is confined primarily to the winter months with some 

usually occurring in late summer and fall. Average annual rainfall for the valley 

floor of the SJVAB is 9.25 inches. 

5. Agricultural and Prescribed Burning 

Both agricultural and prescribed burning occurs in the District on a large scale. 

Agricultural burning reported by burners for years 1997 through 1999 is shown 

on Table 1 and for prescribed burning by agency and acreage on Table 2. 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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FIGURE 1 

SAN JOAQUIN VALLEY AIR BASIN

San Joaquin

 Stanislaus

 Merced Madera 

 Fresno 

Tulare

 Kings

Kern 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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TABLE 1 

Agricultural Burning (in acres) 

CROP TYPE 1997 1998 1999 Total 

Acreage 

Average % of 

Total 

Tree Pruning 508,921 499,205 508,585 1,516,711 505,570 68.5 

Field Crops 65,982

 

 85,430 73,370 224,782 74,927 10.0 

Grape 

Stumps/Stakes 

 46,940

 

 56,212 44,563 148,115 49,372 6.7 

Orchard 

Removal 

 546 1,900 5,176 7,622 2,541 0.3 

Other 127,889 102,199 113,113 343,201 114,400 15.5 

TOTAL 750,278 745,346 744,807 2,240,431 746,810 100 

D. Program Development 

The District has operated a smoke management program since the adoption of 

Rule 4103, (Open Burning) in 1992. The rule regulated all open burning and 

established specific requirements for agricultural, field crop, range improvement, 

forest management, and wildland vegetation management burning. The District 

also approved an agricultural burning policy in November 1994 that assisted in 

the implementation of the program. The policy was revised and updated in April

1998. 

The District’s SMP basically required permits for agricultural burning, divided the 

District into three regions (north, central and south), and burn/no-burn days were 

called by region. It also established basic requirements for burning. In 1998, 

after a significant increase in prescribed burning was projected, District staff 

cooperatively with various land management agencies (LMAs) including the US 

Forest Service (Sequoia, Sierra, and Los Padres National Forests), US National 

Park Service (Sequoia-Kings Canyon National Parks), Bureau of Land 

Management, US Fish and Wildlife Service, California State Department of 

Forestry and Fire Protection (CDF), and the California State Department of Parks 

and Recreation (CDPR), developed a Memorandum of Understanding (MOU). 

The MOU was designed to primarily serve as a smoke management program to 

reduce PM10 emissions from controlled (prescribed) burns. Its provisions 

provide flexibility for the LMAs to utilize management practices that meet or 

exceed BACM required within serious PM-10 nonattainment areas. Because the 

California Air Resources began the process of amending Title 17 shortly after the 

approval of the MOU by the District and LMAs, the MOU was not fully 

implemented and has lapsed. The District and the LMAs will revise and renew 

the MOU as necessary to be consistent with Title 17 
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TABLE 2 

Prescribed Burning 1996-1999 (in acres) 

Agency 1997 1998 1999 Total 

Acres 

Average % of 

Total 

 

CDF 694 850 0 1,544 515 2.9 

Kern Co. Fire 1,198 0 0 1,198 399 2.2 

SoCal Ed 810 450 675 1,935 645 3.6 

Cal Fish & 

Game 

 0 0 0.0 

Total 

 

SEKI NP 3,276 2,152 5,758 11,186 3,729 20.9 

Yosemite NP 8 8 3 0.0 

 

Sierra NF 3,802 7,067 4,727 15,596 5,169 29.2 

Sequoia NF 2,845 6,650 6,588 16,083 5,361 30.1 

Los Padres NF 0 0 0.0 

Inyo NF 0 0 0.0 

 

 

BLM 1,000 1,000 333 1.9 

USFW 1,624 776 1,900 4,300 1,433 8.0 

LNAS 116 457 573 191 0.8 

BIA 0 0 1.1 

 

 

Total 15,249 18,061 20,113 53,423 17,808 100 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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and Rule 4106 and to address other issues related to the implementation of the 

Smoke Management Program. 

Most counties in the SJVUAPCD charged fees for agricultural burning, but not for 

prescribed burning, prior to the formation of the District. In 1992, the District 

adopted Rule 3040, Agricultural/Open Burn Fees charging uniform fees for 

agricultural burning through the SJVAB. Since 1997, the fee has been $22 for 

one location, $38 for two locations, and $62 for three or more locations. The 

District had started the development of a rule to assess a fee for prescribed 

burning prior to ARB’s amendment of Title 17. 

The District put its efforts on hold until ARB completed the amendments to Title 

17. After the ARB’s approval of the amended Title 17 in 2000, the District 

adopted Rule 3160, Prescribed Burning Fee, which established a $5.00 per acre 

per year fee for prescribed burning, with the first 40 acres burned by an agency 

or person each year exempted. In combination with the fees charged for 

agricultural burning and District funding from other sources, prescribed burning 

fees are being used to implement the District’s SMP. 

Because the District was under an EPA sanction clock for a limited 

approval/disapproval finding for Rule 4103 (Open Burning), in June 2001, the 

District amended Rule 4103 (Open Burning) and adopted Rule 4106 (Prescribed 

Burning and Hazard Reduction Burning). The actions moved prescribed burning 

and hazard reduction regulations from Rule 4103 to Rule 4106 and included 

provisions in both rules to resolve EPA’s limited approval/disapproval concerns 

and to incorporate Title 17 requirements. 

Title 17 requires that the District develop this SMP. Rules 4103 and 4106 and 

other SMP requirements in Title 17 are incorporated into the SMP. 

E. Document Organization 

This SMP is divided into 10 sections, each addressing a specific topic. These 

sections are briefly described here. 

Section 1, “Introduction” briefly describes the purpose of the SMP, the District’s 

authority to implement and enforce the Program, local conditions, and provides 

background on program development. 

Section II, “Program Resources” discusses the District’s personnel resources, 

meteorological resources and air quality monitoring resources that will be used to 

carry out the SMP. 

Section III, “Procedures to Minimize Smoke” briefly describes the District’s rules 

and regulations to achieve smoke minimization objectives, described in Title 17. 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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Section IV, “Smoke Management Planning and Permitting” presents the District’s 

burn permit procedures and smoke management plan requirements. 

Section V, “Burn Decision Notification” sets forth the District’s procedures for 

burn notification (burn or no-burn days, 96-hour trend, 72-hour outlook, and 48-

hour forecast notices, 24-hour authorization). 

Section VI, “Procedures for Addressing Smoke Impacts” describes the District’s 

public notification requirements for burns with potential to impact smoke sensitive 

areas and for addressing potential cross-jurisdictional smoke impacts. 

Section VII, “Consideration of Alternatives to Burning” briefly describes how the 

District will analyze and assess alternatives to burning on a periodic basis. 

Section VIII, “Management of Naturally Ignited Wildland Fires” presents the 

District’s procedures for managing smoke from naturally ignited wildland fires 

occurring on permissive-burn, marginal-burn, and no-burn days. 

Section IX, “Inspection and Enforcement” describes the District’s procedures to 

ensure compliance with the District’s SMP, including follow-up and action on 

public complaints. 

Section X, “Reporting Requirements” briefly describes the District’s reporting 

procedures required by sections 80130 (a) and (b) of Title 17. 

II. Program Resources 

A. Personnel 

The SMP will be implemented using staff from various divisions within the 

District. The District currently has four staff members who focus on 

meteorological, modeling, air quality, and programming issues. These include a 

supervising meteorologist, two air pollution meteorologist/modelers, and an air 

pollution meteorologist. These staff members have the education, experience, 

and backgrounds that enable them to do the appropriate meteorological analyses 

and air quality and smoke management forecasting necessary to operate the 

program. 

Because the District has operated a burn program for several years, it also has 

the personnel resources necessary to enforce the program. Staff includes one 

full time senior air quality inspector who specializes in agricultural and 

prescription burning activities by coordinating all open burn activities, and one air 

quality inspector, on a half-time basis, who specializes in agricultural burning and 

prescribed burning during the season. In addition, the District has 37 air quality 

inspectors and eight senior air quality inspectors whose primary assignment is to 

inspect stationary sources, but who also inspect open burn sites as a routine 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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surveillance activity. Other staff includes nine office assistants who issue 

agricultural burn permits and agricultural burn authorizations and five air quality 

assistants whose primary responsibility is to inspect potential open burn sites for 

permit eligibility. They may also investigate open burn complaints. 

The implementation of the SMP will also require the use of various computer 

systems and software that must be installed and maintained. The District has a 

fully staffed information services division with expertise that will meet the needs 

of the program. 

B. Meteorological Resources 

The District has access to a full range of meteorological resources. The tools 

currently available to the District, described in Table 3, are used for both 

quantitative and qualitative forecasting of smoke transport. Other tools will also 

be used or may replace some of these tools as they become available. 

C. Air Quality Monitoring Resources 

The District, ARB and various land management agencies operate monitoring 

networks in the San Joaquin Valley which provide data used for determining 

basin wide meteorological and air quality conditions. The existing monitoring 

stations, including by whom they are operated and what pollutants are monitored, 

are shown on Figure 2. 

III. PROCEDURES TO MINIMIZE SMOKE 

A. Smoke Minimization 

Section 80145(o) of Title 17 requires that rules and regulations be adopted by the 

District that include specified provisions to minimize smoke from all burning. On 

June 21, 2001, the District’s Governing Board amended Rule 4103 (Open 

Burning) and Rule 4106 (Prescribed Burning and Hazard Reduction Burning). 

The requirements are addressed in the rules shown on Table 4. 

Section 80150 of Title 17 requires that the rules and regulations be adopted by 

the District that apply to open burning in agricultural operations in the growing of 

crops or raising of fowl or animals. The District’s requirements are located in 

Section 5.5.11 of Rule 4103 which reflects the language located in Sections 

80150 (a) (1) and (2) and (c) (1) through (3) of Title 17. 

Title 17 also requires that alternatives to burning be considered in smoke 

management programs. Alternatives to burning requirements are addressed in 

Section VII of this SMP. 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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TABLE 3 

Meteorological Resources 

Resource Brief Description Application 

Meteorological 

and Forecast 

Data Acquisition 

Synoptic forecast, surface & upper 

air, satellite image graphics, and 

other meteorological data acquisition 

(MARTA system) 

Synoptic meteorology 

analysis, upper air data, 

surface observations, inputs 

to statistical models 

Profilers District operated Lower air profilers 

at Visalia and Tracy 

Determination of upper air 

smoke transport and 

dispersion 

Wind and 

temperature 

analysis software 

In-house interpolation program for 

temperature, wind, and pollutant field 

Visualization of pollutant 

and wind fields 

PM and ozone 

forecasting 

software 

Provides statistical PM forecasts, 

Includes quantitative assessment of 

Title 17 meteorological criteria 

Used as guidance for 

determining burn decisions, 

exceedances of federal 

standards precludes 

permission for burn days 

Aircraft 

temperature 

soundings 

ARB aircraft and pibal sounding Assessment of stability and 

transport, data is input into 

a PM and ozone forecasting 

program 

GIS ARCVIEW and ARCINFO Used to visualize burns and 

smoke plumes 

In-house 

application of 

grid modeling 

SJVUAPCD applies the SARMAP 

and the model generated 

meteorological data 

Uses meteorological mode 

generated wind fields to 

analyze the fate of smoke 

plumes in the valley; effects 

of smoke on ozone 

concentrations 

EMC data 

acquisition 

system 

Data acquisition system for ARB and 

District monitoring sites including 

meteorological parameters 

Determination of surface 

smoke transport, visual 

plots of meteorological and 

temperature data, the 

system also disseminates 

specified pollutant and 

meteorological data over 

the internet 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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FIGURE 2 

San Joaquin Valley Monitoring Stations 

Shaver Lake G,M

Stockton

Claremont GHazelton G,M,P,F,TMariposa G,MWagner/Holt P Tracy Airport M

Patterson Pass Rd G,M

Modesto G,M,P,F,T

Turlock G,M,P

Merced

Coffee Rd G,MM Street P,F

Madera G,M Clovis G,M,P,F

Fresno

Drummond G,PFirst Street G,M,P,F,T,SSierra Sky Park G,MFresno-Pacific F

Parlier G,M

NPS Kaweath G,MNPS Ash Mountain A,G

Visalia

Airport MChurch Street G,M,P,F

Hanford G,P

Shafter G,M

Oildale G,M,P Bakersfield

Golden State G,M,P,FCalifornia Avenue A,G,M,P,F,T,SPlanz Road F

Edison G,M

Arvin G,M

Maricopa G,M

Corcoran M,P,F

Monitoring SitesA Acid DepositionF Fine Particulate (PM2.5) G GaseousM MeteorologicalP Particulate (PM10)S Super SiteT ToxicsSites operated by the District are underlined. Sites operated jointly by the District and ARB are in italics.

Taft P

San Joaquin

Merced

Stanislaus

Madera

Fresno

Kings Tulare

Kern
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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B. Procedures For Prioritizing Agricultural Burning, Including 

Prescribed Burning [Section 80145 (m) Requirements] 

Under the District’s smoke management program, the SJVAB will be classified 

into regions, the number of which will be determined by the topographical, 

geological and meteorological conditions in the SJVAB. As described in Section 

V, Parts D and E, burning will be allocated by region, depending upon each 

region’s carrying capacity for smoke on each day. Not every burner who wants 

to burn on a given day may be able to do so. Therefore, the District must 

establish a system for prioritizing burning within each region. 

Because of the general locations where agricultural and prescribed burning 

activities tend to occur, combined with the topography, geology, and weather 

conditions in the SJVAB, it is expected that the regions will fall into three 

categories: regions where only prescribed burning will occur, regions where only 

agricultural burning will occur, and regions where both prescribed and agricultural 

burning will occur. 

In regions where only agricultural burning will occur, the allocation will be on a 

first come, first served basis. However, burners who do not receive an allocation 

on a particular day will be placed on a waiting list for the following day(s). The 

District is establishing a procedure whereby burners on the waiting list will 

receive notification when their allocation is going to be available. The District is 

creating an automated telephone system (with human contact also available) to 

handle this process. 

In regions where only prescribed burning will occur, the District will work in 

consultation with the land management agencies and other prescribed burners to 

determine priorities. Factors that will be taken into consideration include, but are 

not limited to, cumulative impacts, size of burn, fuel types and amounts, 

projected duration, proximity to sensitive receptors, the purpose of the burn, any 

history of delays, and other burn logistics. This process will be handled through 

the District’s compliance staff in conjunction with the prescribed burners. 

Historically, there has been relatively little prescribed burning in areas where 

agricultural burning occurs. Where it has occurred, the prescribed burning has 

generally been limited and of short duration. As the allocation system is 

developed, it is expected that there will be some regions in which both types of 

burning will occur. In these regions, the allocation system will primarily operate 

on a first come first served basis. Within this first come first served system, 

however, it is also recognized that there may be occasions where circumstances 

dictate that a particular burn will have priority. The District reserves the right to 

review and approve requests for priority burning. The approval of such requests 

is expected to be very limited and would be based only on exceptional 

circumstances. 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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IV. SMOKE MANAGEMENT PLANNING AND PERMITTING 

A. Burn Permits 

All open burning, as defined in Rule 4103, and prescribed and hazard reduction 

burning, as defined in Rule 4106, requires valid burn permits. Burn permit 

procedures are as follow: 

1. Open Burning Regulated by Rule 4103 

a. Permit applications are submitted to and permits are issued by the District’s 

Compliance Division. 

b. Permits are issued over the phone and via mail. They must be renewed 

annually. When applicable, renewals are mailed annually to the permittee. 

c. An applicant for an agricultural burn permit must provide the following 

information: 

• Name, business or farm name (d.b.a.), mailing address, and phone number. 

• Burn location information. 

• The specific types of materials intended to be burned. 

• The total amount of crop acreage. 

d. There is an annual fee per permit. Per District Rule 3040, in 2002 the annual 

fee is $22 for one location, $38 for two locations, and $62 for three or more 

locations. 

e. Submittal of applicable fees is dependent on the number of locations 

specified on the permit. 

f. An inspection may be required prior to the final issuance of the permit. 

g. Exemptions to the rule for no-burn day requirements are located in Section 4 

of Rule 4103. There is a fee for burn day exemptions. Per District Rule 3040, 

in 2002 the fee is $30 daily, per location.
SJVUAPCD SMOKE MANAGEMENT PROGRAM

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TABLE 4 

Section 80145 (o) Requirements

Title 17 (o) 

Requirement Rule 4103 Requirement Rule 4106 Requirement 

(1) Material to be burned to be free 

of material that is not produced on the property or in an agricultural or prescribed burning operation. Material not to be burned includes, but is not limited to, tires, rubbish, plastic, treated wood, construction/demolition debris, or material containing asbestos 

Section 5.5.4 Agricultural waste does not include and shall not be 

burned unless it is free of such items as plastic, rubber, ornamental or landscape vegetation, shop wastes, construction and demolition material, garbage, oil filters, tires, tar paper, broken boxes, pallets, sweatboxes, packaging material, packing boxes or any other material produced in the packing or processing of agricultural products, pesticide and fertilizer containers (except sacks, burned in the field where they were emptied). 

4.1 Except as oth

and/or Rule permit, or use purpose of dclippings oornamental spetroleum construction garbage or vwoodwaste; flammable soor for metal vehicle bodie

(2) Require the material to be 

arranged so that it will burn with a minimum of smoke, when feasible 

Section 5.5.1 Agricultural waste shall not be burned unless it is 

arranged in such a manner as to promote drying and insure combustion with a minimum of smoke production. 

4.8 Vegetation sh

arranged or manner as to combustion wproduction. 

(3) Require the material to be 

reasonably free of dirt, soil and visible surface moisture 

5.5.3 Agricultural waste shall not be burned unless it is free 

of excessive dirt, soil, and visible surface moisture. 

4.7 Vegetation sh

free of excess

(4) Require the material to be cut and 

dried for minimum periods with separate specifications for certain types of materials 

5.5.6 Prunings and small branches 3 weeks 

Large Branches –six weeks Field crops (see III-B) Other materials (see rule 4106) 

4.9.6 Unless good 

otherwise, nshall be burfelled, crusmechanical desiccated wia minimum oburn. 

(5) Regulate hours of ignition and 

burning 

5.5.8 5.5.9 

No agricultural waste shall be burned except during daylight hours 

No agricultural waste shall be added to an existing fire after 5:00pm. 

(6) Limit the ignition of fires to 

approved ignition devices 

5.5.2 Agricultural waste to be burned shall be ignited only 

with an approved ignition device. 

4.6 Vegetation to 

only with an a
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h. Restrictions related to burn permits are located in Section 6.1 of Rule 4103 

and among other requirements are prior authorization to burn on a specified 

day and compliance with a particular day’s burn system allocation for the 

region in which the burn site is located. 

i. Permits may be suspended, denied or revoked if the burning or proposed 

burning does not meet the conditions specified in Sections 5 (Requirements) 

and 6 (Administrative Requirements) of Rule 4103. 

j. A copy of the District’s Agricultural Burn Permit is located in Appendix C. 

2. Prescribed Burning 

a. All prescribed burning is subject to an approved smoke management plan. 

b. An approved smoke management plan shall serve as a permit for prescribed 

burning. The District’s Compliance Division reviews and approves smoke 

management plans. Failure to abide by permit conditions is a violation of 

Section 41852 of the California Health and Safety Code and of District Rule 

4106. 

c. Smoke management plans are subject to a per acre fee, with the first 40 

acres burned by an agency or person exempted. Per District Rule 3160, the 

per-acre fee is $5.00. 

d. Restrictions and requirements for prescribed burning are located in Section 

5.2 of Rule 4106. 

e. A copy of the smoke management plan template is located in Appendix D. 

3. Hazard Reduction Burning 

a. Hazard reduction burning permits are issued by the Fire Department having 

jurisdiction over the burn site in accordance with Public Resources Code 

4291. Such permits serve as the permit required by Section 5.1.1 of the 

District’s Rule 4106. 

c. The District does not charge a fee for hazard reduction burning. 

d. All hazard reduction burning is subject to the permit requirement. Failure to 

abide by permit conditions is a violation of Section 41852 of the California 

Health and Safety Code and of District Rule 4106. 

e. A copy of a typical fire department hazard reduction burn application is 

located in Appendix E. 
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16 

f. District’s Hazard Reduction Burning Brochure, dispersed along with hazard 

reduction burning permits, is located in Appendix F. 

B. Registration of Planned Prescribed Burns 

Annual or seasonal registration of all planned prescribed burn projects greater 

than 10 acres or projected to emit more than 1 ton of particulate matter is 

required. In addition to prescribed fires ignited through human activity, the 

requirement covers areas being considered for potential naturally ignited wildland 

fires managed for resources benefits, with updates as they occur. 

The registration for prescribed burns shall include a description of the project 

burn location, number of acres to be burned, the amount and type of fuels 

expected to be consumed by each burn project and who will conduct the burn.

C. Smoke Management Plan Requirements 

Smoke management plans for all prescribed burns are required (Section 5.2 of 

Rule 4106). The requirements are summarized in Table 5. The District’s smoke 

management plan template, which was developed in conjunction with the Title 17 

Smoke Management Plan Working Group, is located in Appendix D. 

V. BURN DECISION NOTIFICATION 

A. Introduction 

For purposes of smoke management, the San Joaquin Valley is currently divided 

into three regions: north, central and southern and the latter two are also divided 

into upper and lower elevation zones. Burn day notifications are tailored to each 

region and zone, and utilize specific procedures for both agricultural and 

prescribed burns. Potential burn declarations include: 

• Permissive Burn Day. Burning is not prohibited by the ARB and burning is 

authorized by the District consistent with state guidelines and District 

rules, regulations and policies. 

• No-Burn Day. Burning is prohibited by the ARB or the District. No burning 

is allowed to occur except that which is exempted by Rule 4103. 

• Marginal Burn Days. Limited amounts of burning for individual projects in 

specific areas is allowed. 

The goal of the burn day approval process is to coordinate agricultural and 

prescribed burns based on expected meteorological considerations and 

acceptable smoke emissions. For prescribed burns, the burn day process 

consists of three basic elements: 1) Permissive Burn Day Determination; 2) 
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TABLE 5 

Smoke Management Plan Requirements 

Size Requirements 

< 10 acres or projected to 

emit <1 ton of particulate 

matter 

Section 5.2.1: Legal description, maps, type and amount of 

fuels, identity and mailing address of responsible personnel, 

including 24 hour telephone 

> 10 acres or projected to 

emit > 1 ton of particulate 

matter 

Section 5.2.2: All Section 80160 requirements, plus a 

description of wind speed and direction necessary for 

burning and the anticipated duration of project’s smoke 

production from ignition to dawn. 

> 100 acres or projected 

to emit > 10 tons of 

particulate matter 

Section 5.2.3: All Section 80160 requirements, plus a 

description of the per acre fuel loading, including the fuel 

type, and anticipated fuel consumption; identification of the 

population in the potential smoke sensitive areas; 

description of BACM which were considered and the values 

or criteria that were used to determine the feasibility of these 

alternatives; description of how public will be informed of the 

possible effect of smoke and the duration of the effects; 

description of the type and frequency of the surveillance 

and/or monitoring that will be conducted to determine any 

smoke impacts to smoke sensitive areas. 

>250 acres or projected 

to produce > more than 

25 tons of particulate 

matter 

Sections 5.2.4 and 5.2.5: All requirements Sections 5.2.1 

through 5.2.3; monitoring; identification of smoke sensitive 

areas >than 25 miles if potential for smoke impacts appears 

to exist; description of surveillance, air monitoring methods, 

smoke complaint handling procedures, decision making 

process that will be used in implementing smoke mitigation 

procedures, responsive impact mitigations up to and 

including a declaration of a wildfire and aggressive fire 

suppression; and the anticipated duration of project’s smoke 

production from ignition to burn down. 

Projects that may impact 

smoke sensitive areas 

Identical to Section 80160(d) of Title 17 (Section 5.2.5 of 

Rule 4106) 
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18 

Meteorological Trend Forecasting, and 3) Daily Burn Approval/Notification. 

Smoke management plans (see Section IV, A, 2, a) provide essential information 

for assisting with the burn day notification process. 

For agricultural burns, the burn day process consists 1) Permissive Burn Day 

Determination and 2) Daily Burn Approval/Notification. The two elements are 

discussed in further detail below. We expect the burn day approval process to 

evolve over time as we work with the ARB and burners to develop more 

quantitative decision-making tools. 

B. Procedures for Issuing Notices of Permissive Burn, Marginal Burn, 

and No-burn Days for Agricultural, Prescribed Burning and Hazard 

Reduction Burning 

Daily forecasts are and will continue to be a joint function of the District’s 

meteorological and compliance staffs. The daily forecast will be based on both 

quantitative and qualitative meteorological forecasting techniques to determine 

permissive, marginal and no-burn days. As indicated in section IIB, the District 

possesses numerous meteorological and air quality forecasting tools and also 

consults with ARB meteorologists. These deliver quantitative guidance to the 

District forecaster for determining the burn day status. In addition to using the 

Title 17 meteorological criteria, the District forecaster will also base his 

recommendation on the burn day status on the review of synoptic conditions 

known to cause dispersion problems in the valley. The District forecaster will 

also consider PM2.5, PM10, and ozone forecasts in the decision making 

process.

Specifically, to determine recommendations on permissive, marginal, and noburn days, our qualified staff of forecasters will use their meteorological expertise 

to review National Center for Environmental Predictions (NCEP) model 

prognostications, the uncertainty of those forecasts, surface and aloft 

temperature trends including ARB aircraft soundings, lower air profile data, local 

transport winds, marine air intrusion, subsidence and vorticity conditions, current 

and forecasted PM and ozone concentrations, current smoke complaints, and 

quantitative forecast parameters to derive the general agricultural burn 

declaration. As is currently practiced by our staff, meteorological parameters 

forecasted by the District for air quality forecasting and the burn program will be 

compared to the Title 17 criteria. In addition to the Title 17 criteria, the forecaster 

will use professional judgment regarding the forecast, by analyzing the factors 

above and the certainty of smoke dispersion’s transport factors. 

When the forecaster has prepared his recommendation to the compliance 

division, compliance staff will then take into consideration circumstances such as 

the accumulation of material to be burned following several no-burn days and 

localized impacts. Normally, the daily forecast will be issued by the District 

when this process is completed. On occasion, however, when meteorological 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

19 

conditions or other circumstances so require, either the forecaster or the 

compliance inspector may declare the burn day status. 

Burn day status notification will be issued through an automated system, with 

District personnel also available for those who prefer working with a person. 

C. Procedures for Issuing 96-Hour Trend, 72-Hour Outlook, and 24-Hour 

Forecast Notices for Prescribed Burns 

For prescribed burns, in addition to the factors described above, the forecaster 

will consider the proximity of the burn to populated areas, cumulative burn 

impacts relative to other planned burns in the area, including tonnage per acre 

and emissions, and localized drainage and slope wind flows. The forecaster will 

use the approved project smoke management plan for each burn project and 

work with the designated District inspector to assess these factors. For areas 

that are less smoke sensitive, the region-wide burn declaration will be used as 

the criteria for determining the trend, outlook, and forecast go or no-go 

declaration for specific projects. For areas that are more smoke sensitive or will 

produce large amounts of emissions, the decision will be based on the potential 

for the burn to produce localized impacts, while still considering the regional 

impacts. RAWS units and local lower air profiler data, when available, will be 

used to assess transport winds. As is currently practiced, the meteorological and 

compliance staff will evaluate the forecasted meso- and local-scale 

meteorological conditions and use professional judgment to assess the potential 

for smoke emissions to cause potential adverse impacts on smoke sensitive 

areas and/or health standard violations. The District inspectors and 

meteorologists will consider historical impacts of burning to population areas. 

An ARB form (currently Form CB3 form, see Appendix G) altered to contain 

District specific information will be used for initial communication between 

prescribed burners and the District. The form assists in the determination of both 

burn day status and final go/no-go burn decisions. Contained on the form is the 

location, elevation, size, and expected burn rate associated with the project. As 

new technology is developed, other forms of communication may be utilized. 

Once received by the District, the forecaster will record the 96-hour trend, 72- 

and 48- hour outlook, and 24-hour forecast, and fax or e-mail the form back to 

the burning agency. These forecasts will continue until the date specified on the 

CB3 or until the project is completed. This form is also available on the District’s 

website at www.valleyair.org. 

D. Final Authorization of Agricultural and Prescribed Burning (Burn/No 

Burn) 

For both agricultural and prescribed burning, no burning can be started unless 

authorized by the District on the day of the burning. For most prescribed burning, 

the proposed burner will have been receiving the 96-hour trend, 72- and 48-hour 
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20 

outlook, and 24-hour forecast information from the District using the CB3 form. 

Although referred to as a 24-hour forecast, the information necessary to properly 

do the forecast is not available until the afternoon of the day prior to the start of a 

proposed burn. The forecast thus tends to become available in the later part of 

the afternoon. Upon request from any LMA who has submitted a CB3 form to 

the District, the District will provide a forecast the full 24 hours in advance of a 

proposed burn. However, as described below, any such forecast will be subject 

to change if so dictated by data that becomes available later in the day.

The 24-hour forecast serves as an initial go/no-go point for the prescribed 

burners. If the 24-hour forecast is a no-go, the proposed prescribed burn will not 

be allowed to proceed on the following day. If the forecast is a go, the burner 

may proceed with burn preparations on the assumption that burning can occur on 

the following day. All burn decisions based on a 24-hour forecast are subject to 

change if conditions affecting smoke dispersal are different from those 

anticipated. The burner must contact the District on the day of the burn to verify 

that conditions for the burn are still acceptable. The District may change the go 

to a no-go decision. Moreover, if conditions change after the burn is ignited, and 

burning cannot continue to occur within its prescription, the District can order the 

prescribed burner to cease ignition and implement the contingency measures in 

the LMA’s smoke management plan. 

Agricultural burning and any other permitted burning not utilizing the trend 

forecasting described above must also be approved for burning on the day of the 

ignition. Currently, burn/no-burn days are designated for the north, south, and 

central regions, and by altitude within the south and central regions. On a noburn day in any region, no burning will be authorized in that region on that day 

except as allowed by Rule 4103. On a burn day in a region, burn permit holders 

must call the District to obtain an authorization, subject to their permit conditions. 

They must identify their permit number, the location of the burn, the number of 

acres they intend to burn, and the type of material that is going to be burned. 

All burning in the SJVAB is subject to the District’s burn authorization system 

described above. All permit holders, including prescribed burners, can only ignite 

their burns if the District has authorized their individual burns in their region that 

day. 

On a day that the District has authorized and allocated burning to occur, fire 

agencies having authority over a burn site may suspend burning due to 

increased risk of fire danger. 

E. Future Burn Allocation 

An enhanced authorization system is needed in the San Joaquin Valley due to 

historical complaints, stockpiling of materials during long periods of no-burn days, 

concentration of burns in one area, and the new federal air quality standards. 
SJVUAPCD SMOKE MANAGEMENT PROGRAM

21 

Over the next year and half, the District plans to enhance its agricultural and 

prescribed burning authorization system to include an automated acreage 

allocation system. Development efforts will occur in three phases, with a 

prototype system in place by the fall of 2003. Refinements to the system will 

occur periodically thereafter. The enhanced allocation/authorization system will 

limit burns based on their locations, number, size, time of ignition, scheduled 

timing of burns, and potential cumulative emission impacts. Enhanced 

meteorological and fuel accumulation factors will be used. The goal of the 

program is to reduce local and regional smoke impacts, avoid smoke related 

complaints, and prevent exceedances of the federal ozone, PM-10 & 2.5 health 

standards. Implementation of the program will provide a sound technical basis 

for authorizing agricultural burning in the San Joaquin Valley. 

For the first phase, as described above, the District will perform the tasks of 

declaring agricultural burn, marginal, and no-burn days. The District has already 

assumed the authority for declaring prescribed burn day decisions. The ARB will 

continue to have oversight authority over these declarations and can be more 

stringent, but not less stringent, in the declaration of burn status. 

In the second phase, the District will work with the ARB and affected 

stakeholders to develop a qualitative allocation system where staff will consider 

meteorology, emissions, and material buildup factors to allocate the amount of 

burning that can occur in a region on a given day. In this phase, the SJVAB will 

be classified into smoke management regions. The regions will be set by 

performing source/receptor and meteorological representativeness analyses. 

District personnel have already begun this process by defining new ozone and 

PM forecast regions, using high-resolution data from the Central California 

Ozone Study (CCOS), California Regional Particulate Air Quality Study 

(CRPAQS), and SAQM modeling programs. Carrying capacity will be defined by 

amount of emissions that produces exceedances of the state and federal 

standards for PM10 and the federal standard for PM2.5. Once the zones are 

defined, analyses defining the particulate matter carrying capacity for each for 

given specified meteorological conditions will be prepared. This will be a 

quantitative assessment of each region’s PM levels and emissions. In addition, 

the meteorology associated with potential impacts on smoke sensitive areas from 

agricultural and prescribed burning will be considered. 

For the third phase, the District will include more quantitative forecast 

parameters, tracking of burns, and automated allocation of emissions to regions 

determined by smoke particulate source/receptor relationships. 

The District is developing a system to distribute burn emissions to the various 

regions. Once burn allocation equations are in place there will be a limit or cap 

to each region’s emissions for a given meteorology. The District is developing an 

automated call in system where burners can call to input their burn location, and 
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22 

the amount and type of material to be burned. If the allocation is not exceeded in 

that region they will be given the authorization to burn. 

VI. PROCEDURES FOR ADDRESSING SMOKE IMPACTS 

A. Public Notification Requirements for Burns with Potential to Impact 

Smoke Sensitive Areas 

Smoke management plans must include a description of how the public will be 

informed of the possible effects of smoke and the duration of the effects (Section 

5.2 of Rule 4106). Copies of public information planned for release must be 

provided. 

B. Procedures for Addressing Potential Cross-jurisdictional Smoke 

Impacts 

The District has developed communication lines with surrounding jurisdictions, 

including contact names, telephone numbers and fax numbers. A form has been 

developed and will be used to convey pertinent information between and among 

jurisdictions. If smoke from a project may impact other Districts or states, District 

staff shall notify the appropriate air quality agency by faxing or by other electronic 

means the form as soon as practical and prior to ignition. Any concerns these 

agencies have over the planned burn will be incorporated into the authorization. 

VII. CONSIDERATION OF ALTERNATIVES TO BURNING [SECTION 80145 

(L)]. 

While allowing burning to reduce the fuel loading in wild land areas, the health 

impacts of smoke on sensitive receptors must also be considered. Prescribed 

fire may not always be the most appropriate tool to reduce or manage fuels in 

urban wildland interface areas. 

A. Alternative Fuel Treatment Methods 

1. All project smoke management plans must include a discussion of what 

Alternative Fuel Treatment Methods (AFTMs) were considered. In the District, 

AFTMs include biomass chipping, crushing, disking, mowing, selective 

logging, chemical treatment, and livestock grazing. 

2. For projects greater than 100 acres in size, or that are projected to produce 

more than 10 tons of particulate matter, or that will continue overnight, or that 

will be conducted near smoke sensitive areas, the smoke management plan 

discussion must include the comparative values or criteria used to determine 

the feasibility of the AFTMs. 
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23 

B. Best Available Control Measures (BACMs) 

1. A smoke management plan must discuss what BACMs were considered and 

identify which are to be implemented to: 

• reduce the number of acres burned; 

• reduce pre-burn fuel loading; 

• lower the emission factor (e.g. pile burning, high intensity fire, etc.); and 

• reduce the fuel consumption. 

2. Each smoke management plan must also include a description of the postburn BACMs to be implemented to limit the duration of smoke impacts to 

smoke sensitive areas (e.g. mop-up). 

VIII. MANAGEMENT OF NATURALLY IGNITED WILDLAND FIRES 

As required by Title 17, when a natural ignition occurs on a no-burn day, the 

initial “go/no-go” decision to manage the fire for resource benefit will be a “no-go” 

unless: 

• after consultation with the District, the District decides, for smoke 

management purposes, that the burn can be managed for resource 

benefit; or 

• for periods of less than 24 hours, a reasonable effort has been made to 

contact the District, or if the District is not available, the ARB; 

• after 24 hours, the District has been contacted, or if the District is not 

available, the ARB has been contacted and concurs that the burn can be 

managed for resource benefits. 

A “no-go” decision does not necessarily mean that the fire must be extinguished, 

but that the fire cannot be considered as a prescribed burn.

Smoke management plans shall be submitted to the District within 72 hours of 

the start of any naturally ignited wildland fires managed for resource benefits. 
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24 

IX. INSPECTION AND ENFORCEMENT 

A. Prescribed Burning 

A multi-agency response to information requests and complaint calls regarding 

regional air quality or localized smoke impact must be coordinated and 

conducted in a uniform manner according to the following policy and procedures. 

1. Complaints Received by Agencies Other Than the District 

a. Complaints must be referred to the District immediately upon receipt but no 

more than one hour. All complaints will be thoroughly investigated to 

determine their validity. 

b. At a minimum the complaint format should include the following information: 

name, phone number, land location of the complainant, and description of the 

situation and area affected. 

c. The smoke management plan must describe the agency’s complaint routing 

procedure that will serve to notify the prescribed fire manager or burn boss of 

all complaints. 

d. The Burn Boss must confer with the District to determine the need to 

implement the smoke contingency actions established in the smoke 

management plan. 

e. The smoke management plan must outline the agency’s procedure used to 

log all complaints in the project folder for review by the District. 

2. Complaints Received by the District 

a. Complaint Inspections will be assigned to the District’s prescribed burn 

section for investigation. If the prescribed burn section inspectors are 

unavailable the complaint will be forwarded to a Central Office staff supervisor 

for assignment. 

b. Individuals or agencies responsible for a burn must be made immediately 

aware of smoke complaints specific to the burn project or burn plan. 

c. The District shall confer with the individual or agency to determine the need to 

implement smoke management plan established smoke contingency actions. 
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25 

B. Agricultural Burning 

1. Pre-Burn Inspections 

An on-site inspection may be conducted for a new burn permit application or if a 

new site is to be added to an existing burn permit, to determine compliance with 

District rules and policies. 

2. Observed Burns 

Observed burns will be reviewed to ensure they were authorized by the District. 

A thorough inspection shall be conducted if the materials and/or observed smoke 

are questionable (e.g. if black smoke or any unauthorized materials are 

observed). If the burn is not an authorized burn, a notice of violation or a notice to 

comply, depending upon the circumstances surrounding the burn, will be issued. 

If, in the opinion of the inspector, a burn is creating a potential fire hazard to person 

or property, or the fire is being conducted in violation of requirements stipulated by 

a fire protection agency, the inspector shall contact the applicable fire protection 

agency by the most expeditious means available. 

3. Complaints 

Complaints relating to burning shall be investigated. If the burn is not an 

authorized burn, a notice of violation or a notice to comply, depending upon the 

circumstances surrounding the burn, will be issued. 

Without regard to the legal status of the fire, where smoke is creating a nuisance, 

the responsible party will be requested to extinguish the fire. If a responsible 

party is either unwilling to comply with the request for extinguishment or if they 

lack the resources the fire department may be requested to put the fire out. After 

an investigation the District shall determine whether any further compliance 

action is appropriate.
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26 

C. Hazard Reduction Burning 

1 Hazard Reduction Burning Brochure 

The District does not conduct pre-burn inspections of hazard reduction burn 

locations. However, all hazard reduction burning must meet the requirements set 

forth in Rule 4106, the District’s Residential Hazard Reduction Burning Brochure, 

and any conditions established by the permit issued by the Fire Department having 

jurisdiction over the burn site. 

2. Observed Burns 

Observed burns will be reviewed to ensure they meet the conditions set forth in 

Rule 4106, the District’s Residential Hazard Reduction Burning Brochure and any 

conditions established by the permit issued by the Fire Department having 

jurisdiction over the burn site. A thorough inspection shall be conducted if the 

materials and/or observed smoke are questionable (e.g. if black smoke or any 

non-vegetative materials are observed). If the burn is not an authorized burn, a 

notice of violation or a notice to comply, depending upon the circumstance\s 

surrounding the burn, will be issued. 

If, in the opinion of the inspector, a burn is creating a potential fire hazard to person 

or property, or the fire is being conducted in violation of requirements stipulated by 

a fire protection agency, the inspector shall contact the applicable fire protection 

agency by the most expeditious means available. 

3. Complaints 

Complaints relating to burning shall be investigated. If the burn is not an 

authorized burn, a notice of violation or a notice to comply, depending upon the 

circumstances surrounding the burn, will be issued. 

Without regard to the legal status of the fire, where smoke is creating a nuisance, 

the responsible party will be requested to extinguish the fire. If a responsible 

party is either unwilling to comply with the request for extinguishment or if they 

lack the resources the fire department may be requested to put the fire out. After 

an investigation the District shall determine whether any further compliance 

action is required. 

X. REPORTING REQUIREMENTS 

A. Agricultural and Prescribed Burning 

The District maintains a database for agricultural and prescribed burning. Data is 

recorded by County and includes the estimated tonnage and/or acreage of each 
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27 

waste type burned from open burning in agricultural operations reported by each 

agricultural permit holder each year. The estimated tonnage from prescribed 

burning, by each prescribed burn conducted each year, is also recorded. 

Based on this information, the report on agricultural and prescribed burning 

required by Section 80130 (a) of Title 17 is submitted to the ARB by the District’s 

Compliance Division within 45 days of the end of each calendar year. 

 

B. Special Permits 

Agricultural burning is permitted on no-burn days, if the denial of such burning 

would threaten imminent and substantial economic loss, subject to the provisions 

of Section 4.3, subsection 4.3.3, of Rule 4103, APCO authorization, and permit 

requirements. Title 17, although not Rule 4106, also allows prescribed burning to 

occur on no-burn days if the denial of such burning would threaten imminent and 

substantial economic loss. Because of the Title 17 entitlement, District 

compliance staff will also consider this exemption on a case-by-case basis for 

prescribed burning. Hazard Reduction Burning for compliance with Public 

Resources Code 4291 may not be considered for the no-burn day exception. 

Applicants for such permits must report said burning and complete a signed 

application form that provides the reasons for requesting the exemption. 

Based on this information, the report required by Section 80130 (b) of Title 17 will 

be prepared by the District’s Compliance Division within 45 days of the end of 

each calendar year. 
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28 

APPENDIX H 

ACRONYMS 

AFTM Alternative Fuel Treatment Methods 

ARB California Air Resources Board 

BACM Best Available Control Measures 

BLM Bureau of Land Management 

BIA Bureau of Indian Affairs 

CCOS Central California Ozone Study 

CDF California State Department of Forestry and Fire Protection 

CDFR California Department of Parks and Recreation 

CRPAQS California Regional Particulate Air Quality Study 

District San Joaquin Valley Unified Air Pollution Control District 

EPA United State Environmental Protection Agency 

GIS Geographic Information System 

HSC California Health and Safety Code 

LMA Land Management Agencies 

LNAS Lemoore Naval Air Station 

MOU Memorandum of Understanding 

NF National Forest 

PM Particulate Matter 

PM10 Particulate Matter, 10 microns or less in diameter 

PM2.5 Particulate Matter 2.5 microns or less in diameter 

SEKI Sequoia Kings Canyon National Park 

SJV San Joaquin Valley 

SJVAB San Joaquin Valley Air Basin 

SJVUAPCD San Joaquin Valley Unified Air Pollution Control District 

SMP San Joaquin Valley Unified Air Pollution Control District’s 

Smoke Management Plan 

SoCal Ed Southern California Edison Company 

USFW United States Fish and Wildlife