United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

for

EPA's Notice of Proposed Rulemaking

for the

California State Implementation Plan

Butte County Air Quality Management District

Rule 300, Open Burning, Prohibitions and Exemptions 

Prepared by Rynda Kay

October 2014
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RULE IDENTIFICATION 

Agency: Butte County Air Quality Management District (BCAQMD)

Subject of this TSD: Rule 300 - Open Burning, Prohibitions and Exemptions

 Amended - February 24, 2011

 Submitted - September 21, 2012

 Determined Complete - October 11, 2012

Rules Previously Approved into the California State Implementation Plan (SIP) to be 

superseded:

Rule Title Adoption 

Date

Submittal 

Date

SIP 

Approval 

Date

FR Citation

301 Prohibitions on Open Burning August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

302 Exemptions to Rule 301 August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

303 Burn Permits August 6,

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

304 Exemptions to Rule 303 August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

306 Information Furnished by Permit 

Applicant

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

307 Ignition Hours August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

308 Notice of Intent to Ignite August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

309 Freedom from Debris and 

Moisture

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

310 Arrangement of Agricultural and 

Wood Waste

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

311 Drying Period August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

312 Wind Direction August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

313 Ignition Devices August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

314 Burning of Vines or Bushes 

Treated with Herbicides

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

315 Rice Straw Burning August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

316 Field Crop Ignition August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

317 Field Crops Harvested Prior to 

September 10

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

318 Restriction of Burning During 

Poor Air Quality Conditions

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

320 Certificate from Department of 

Fish and Game

August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

322 Special Permit August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226
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323 Range Improvement Burning August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

324 Burning at Disposal Sites August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

325 Exemption to Rule 324 August 6, 

1985

February 10, 

1986

February 3, 

1987

52 FR 3226

RULE SUMMARY 

Rule 300 is designed to minimize the impacts of smoke and other air pollutants generated by 

open burning conducted within Butte County and to assure that it is managed consistent with 

state and federal law. Rule 300 allows open burning on permissive burn days, provided a permit 

is obtained; details the types of open burning that can be authorized; sets burn hours, dryingtime, and ignition requirements; establishes burn plan requirements for prescribed burns; limits 

burn acreage for agricultural burning; and lists exemptions to rule requirements. 

Changes from the approved SIP rules include:

1. Added numerous definitions in Section 5 and other editorial changes to improve clarity. 

2. Increased stringency by adding requirements for exempted burn types; expanding the list 

of prohibited materials; and removing the exemption for fires above specified elevations.

3. Reformatted the requirements to replace BCAQMD rules numbered 301 – 325 with one 

new rule number 300.

EVALUATION CRITERIA - The following criteria were used to evaluate the submitted rule. 

1. Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, 

Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance 

Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, 

August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) 

requirement for enforceability. 

2. SIP Revisions - CAA §110(l) prohibits EPA from approving any SIP revision that would 

interfere with any applicable requirement concerning attainment and reasonable further 

progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 

prohibits the modification of any SIP-approved control requirement in effect before 

November 15, 1990, in a nonattainment area.

3. Stringency - Open burning emits particulate matter (PM), including particulate matter of 

ten microns or less (PM10) and particulate matter of 2.5 microns or less (PM2.5) directly, as 

well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are 

precursors to ozone and PM2.5. 
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BCAQMD regulates an ozone nonattainment area, which is classified as Marginal under 

the 1997 and 2008 National Ambient Air Quality Standards (NAAQS) for ozone (40 CFR 

§ 81.305). CAA §182(a) exempts ozone nonattainment areas classified as marginal from

the requirement to submit an attainment demonstration. Because EPA interprets the 

reasonably available control measures (RACM) requirement of CAA §172(c)(1) in the 

context of the requirement to demonstrate attainment as expeditiously as practicable, EPA 

does not require marginal areas to meet the RACM test (77 FR 28438; 78 FR 34196). 

Therefore, BCAQMD is not required to implement RACM for ozone. 

BCAQMD is currently designated attainment for PM10 (40 CFR § 81.305). Accordingly, 

BCAQMD is not subject to the requirement to implement RACM or Best Available 

Control Measures (BACM) for PM10 and PM10 precursors in CAA§ 189(b) and (e). 

Therefore, we are not evaluating Rule 300 for compliance with RACM or BACM 

requirements with respect to PM10.

Effective December 14, 2009, EPA designated the Chico nonattainment area, in Butte 

County, which is under BCAQMD jurisdiction, as nonattainment for the 2006 24-hour 

PM2.5 NAAQS (74 FR 58688, November 13, 2009). As a result, the area was required to 

implement RACM for PM2.5. On September 10, 2013 (78 FR 55225), EPA issued a 

determination that the area had attained the 2006 24-hour PM2.5 standard based on 

complete, quality-assured, and certified ambient air monitoring data for the 2010–2012

monitoring period. Under EPA's Clean Data Policy and the regulations that embody it, 40 

CFR 51.1004(c) (for PM2.5), an EPA determination that an area is attaining the relevant 

standard suspends the area's obligations to submit RACM for as long as the area continues 

to attain. Therefore, BCAQMD is not currently required to implement RACM for PM2.5. 

If the Chico nonattainment area is redesignated to attainment, RACM requirements for 

PM2.5 will no longer apply.

EPA EVALUATION 

1. Enforceability - BCAQMD Rule 300 provides greater clarity than the SIP-approved rules 

because it consolidates all information related to a burn type in one rule, adds additional 

detail and requirements for exempted burn types, and provides new definitions. Except for 

two provisions described in the “Rule Deficiencies” section below, Rule 300 requirements 

and applicability are generally clear, and the monitoring, recordkeeping, reporting and 

other provisions sufficiently ensure that affected sources and regulators can evaluate and 

determine compliance consistently. 

2. SIP Revisions – BCAQMD provided EPA with a rule-by-rule analysis detailing where 

each SIP rule provision can be found in Rule 300 or how the rule was modified to be more 

stringent consistent with CAA §110(l) and §193 (see letter from Armen Kamien, 

BCAQMD to Rynda Kay, EPA Region IX dated August 23, 2014). We generally concur 

with this evaluation. Overall, we find Rule 300 incorporates the provisions of the existing 

SIP rules and increases stringency by providing new definitions; adding requirements for 
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exempted burn types; expanding the list of prohibited materials; and removing the 

exemption for fires above specified elevations.

3. Stringency –The rule largely implements reasonably available control requirements 

because it is generally as stringent as other California District rules for this category. 

However, some areas are implementing more stringent requirements that may be 

technologically and economically feasible for implementation in Butte County (see 

“Additional Recommendations for the Next Rule Revision”). 

RULE DEFICIENCIES

BCAQMD Rule 300 contains two provisions which do not meet the evaluation criteria 

concerning enforceability and preclude full approval of the rule. The provisions allow the Air 

Pollution Control Officer (APCO) to independently interpret the SIP without explicit and 

replicable procedures within the rule to tightly define how the discretion is exercised to assure 

equivalent emission reductions and without explicit approval of such discretion provisions by the 

EPA (Little Blue Book, page 17; see also 52 FR 45044, 45109 (November 24, 1987).

1. Sections 5.53 and 6.5 prohibit burning of rubbish or garbage except under variance by the 

hearing board as follows:

“5.53 Variance: Temporary exemption from DISTRICT rules or regulations granted to 

sources by the DISTRICT Hearing Board.

6.5 It is unlawful to burn rubbish or garbage at dumps, landfills, or 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 variance.”

2. Sections 8.24 allows the APCO to waive drying time requirements: 

“8.2.4 The drying time requirements stated in Sections 8.2.1 and 8.2.2 may be waived by 

the APCO for good cause at the discretion of the APCO. The adequacy of cause to waive 

the drying time requirements shall be decided on a case-by-case basis by the APCO.”

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION 

The following revisions are not currently the basis for rule disapproval, but are recommended for 

the next time the rule is amended. 

1. In Section 6.1, consider changing “open fires” to “open burning” which is defined in the rule, 

while open fires is not.

2. In Section 11.3.1, consider listing the population criteria that allow and area to be exempt 

from the prohibition of burning in a burn barrel, rather than referring to Section 93113, Title 

17 of the California Code of Regulations, which is not in the California SIP.
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3. Drying time requirements listed in Section 8.2 are shorter than in many CA Air District Rules. 

Consider lengthening drying times and requiring that large stumps/branches be split before 

burning e.g., Placer Rule 301, Section 306; Monterey Bay Rule 438, Section 3.7. 

4. Consider adding District burn permit requirements for residential burning (e.g., Monterey Bay 

Rule 438 and North Coast Rules 200-208) and fire hazard reduction burning (e.g., Placer Rule 

301). The largest California air districts ban residential/backyard burning entirely (e.g., Bay 

Area Regulation 5, San Joaquin Valley Rule 4103, and South Coast Rule 444).

5. Make clear in Section 8 - General Burn Requirements, Conditions and Practices that all types 

of burning are subject to the No-Burn Day restriction as defined in Section 5.29. 

6. Define “imminent and substantial economic loss” for e.g., loss of one growing season as in 

Placer Rule 102, Section 237. 

7. Consider adding criteria to limit filmmaking exemption in Butte 300 Section 4.6 as is done in 

South Coast Rule 444 Section (h)(5)(E).

EPA ACTION

BCAQMD Rule 300 strengthens the SIP by consolidating all information related to a burn type 

in one rule; providing new definitions and other editorial changes to improve clarity; adding 

requirements for exempted burn types; expanding the list of prohibited materials; and removing 

the exemption for fires above specified elevations. The rule largely fulfils the relevant Clean Air 

Act §110 and Part D requirements, but the deficiencies discussed above preclude full SIP 

approval. EPA staff recommends a simultaneous limited approval and limited disapproval of 

Rule 300 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES 

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988 (web citation).

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., 

Little Bluebook), EPA Region 9, August 21, 2001 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).

3. Letter from Armen Kamien, BCAQMD to Rynda Kay, EPA Region IX dated August 23, 

2014.

4. Placer County Rule 301, amended February 9, 2012.

5. Monterey Bay Rule 438, amended February 19, 2014.

6. North Coast 200-208, amended December 11, 2013.

7. Bay Area Regulation 5, amended June 19, 2013.

8. San Joaquin Valley Rule 4103, amended April 15, 2010.

9. Placer Count Rule 102, amended February 9, 2012

10. South Coast Rule 444, amended July 12, 2013.