FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT MEMORANDUM 10/06/08 TO: FRAQMD BOARD OF DIRECTORS FROM: David A Valier, Jr, APCO

Agenda Item #4 SUBJECT: Adoption
of Resolution #2008-09; Amending Regulation

II, Rule 2.0- Open Burning BACKGROUND Air Pollution Control District (District) programreviews areconducted

as partof the Air Resources Board (ARB) oversight role with respect
toDistricts
in California and in accordance with section 41500 of the Health and Safety Code (HSC). From May through August 2005, ARB staff conducted areview of the Feather River Air Quality Management District's air quality program, including the District compliance program's Agricultural Bum Program

. The District has a comprehensive

setof rules for agricultural burning and for other open(nonagricultural) burning. The rules areconsistent with the Smoke Management Guidelines

in Title 17, and with the non-agricultural
and agricultural burning rules in the Health

& Safety Code (HSC), exceptfor a permit exemption that is inconsistent with section 41852 of the California Health and Safety Code. Regulation II- Open Burning, section H.2 (a), under Exemptions

toPermit Requirements, exemptsthe burner of agricultural pesticide sacks from having

a permit tobum. The HSC section 41852 statesthat "no oneshall setor permit agricultural burning unless he has avalid permit ..." ARB recommended
the District amend its rule that noone maybum pesticide sacks without obtaining

avalid agricultural bum permit. PUBLIC PROCESS On July 21, 2008, the District mailed

anotice which invited the public to participate

in the public workshop

toamend Rule 2.0. The District also published the notice in the local newspaper,
the Appeal Democrat. The District invited the public tosubmit written comments
onthe proposed rule by August 21, 2008. On July 7, 2008, copies of the proposed rule wereemailed
to ARB, the Federal Environmental Protection Agency (EPA), and the Office of the County Counsel for review. The District received commentsfrom EPA recommending either

afull literature citation for the applicable guidelines

in a public document
be provided
orthe specific guidelines applicable

to agricultural burning of pesticide bags be provided within Rule 2.0. The District included the specific guidelines in the rule. ARB and County Counsel did notrecommend any changes
tothe proposed amendment of Rule 2.0. In addition,
nocommentswerereceived

atthe public workshop and nowritten commentswerereceived

atthe District. PROPOSAL The District

is proposing adopting the amendments

to Regulation

II, Rule 2.0, Open Burning.Agenda Item #4 FISCAL IMPACT The District does not expect cost impacts for the modifications

to the agricultural programs. Cost impacts are expected due to permitting fee for burning pesticide sacks of forty two dollars ($42.00). The District determined there will be no significant impact to consumers

as well as costs to businesses and local, state, and federal agencies

. RECOMMENDATION The District recommends
the Board approve the attached resolution

to adopt the amendment

to Rule 2.0, Open Burning ATTACHMENTS A. Staff Report- Rule 2.0 B. Rule 2.0 Proposed Resolution, Resolution No. 2008-09