Final Staff Report and 

Recommendations on Agricultural Burning 

Chapter 9 

Determinations Required by State Law 
Final Staff Report and 

Recommendations on Agricultural Burning 

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San Joaquin Valley Unified Air Pollution Control District May 20, 2010 

Revised July 21, 2010 

9-1 Chapter 9: Determinations Required by State Law 

Final Staff Report and 

Recommendations on Agricultural Burning

Chapter 9: DETERMINATIONS REQUIRED BY STATE LAW 

(for each affected crop/material)

9.1 ECONOMIC FEASIBILITY 

The District has determined that there were no economically feasible alternatives for 

eliminating the material generated from the mentioned crops, which would allow the 

District to completely prohibit burning. 

The table below shows the crop categories and District staff’s recommendations. 
San Joaquin Valley Unified Air Pollution Control District May 20, 2010 

Revised July 21, 2010 

9-2 Chapter 9: Determinations Required by State Law 

Final Staff Report and 

Recommendations on Agricultural Burning

Table 9-1 - Crop Categories and Recommendations 

*N/A: Not applicable. Practices for these crop types are either already in place or there were no 

technologically feasible alternatives to open burning for these crop types. 

Crop Categories and 

Crop type Current Method 

Potentially 

Feasible 

Alternative(s) 

Economically 

Feasible? Recommendations 

Vineyard Removal Materials 

Grape and Kiwi Crops Open Burn 

Possibly 

Biomass. 

Wire Issue. 

No Allow Burn 

Orchard Removal Matter 

Small Other Orchards 

- 15 acres or less 

(Currently at 20 acres 

or less) 

Open Burn / 

Biomass Biomass Yes 

Reduce Burn to 15 acres or 

less per location per year. 

No case by case 

determinations for additional 

acreage. 

Fig Crops Open Burn / 

Biomass Biomass. 

See “Small 

Other Orchards 

– 15 acres or 

less” category. 

Reduce Burn to 15 acres or 

less per location per year. 

No case by case 

determinations for additional 

acreage.

Citrus Crops Open Burn 

Possibly 

Biomass. 

Capacity 

Issue. 

No Allow Burn 

Apple, Pear, and 

Quince Crops Open Burn None. Disease Issue. N/A Allow Burn 

Weed Abatement 

Ponding & Levee 

Banks Open Burn 

None. Mowing 

and Herbicide 

Issues. 

N/A Allow Burn. 

Other Materials 

Brooder Paper Landfill Landfill N/A Prohibit Burn 

Deceased Goats Burial Burial N/A Prohibit Burn 

Diseased Bee Hives Open Burn None. Disease 

Issue. N/A Allow Burn 

Rice Stubble 

Baling + Selling / 

Open Burn 

Baling + Selling 

/ Open Burn. 

Market and 

Water Issues. 

Immediate 

additional 

phase-down is 

not economically 

feasible: low 

market for rice 

straw 

Interim phase-down schedule 

would be modified: 

• Only 70% of acreage can 

be burned starting 6/1/08 

• 50% limitation (6/1/10) 

would be removed 

• Burning is prohibited 

starting 6/1/15 

Prunings 

Apple, Pear, and 

Quince Crops Open Burn None. Disease Issues. N/A Allow Burn. 

Fig Crops Soil 

Incorporation 

Soil 

Incorporation N/A Prohibit Burn. 
San Joaquin Valley Unified Air Pollution Control District May 20, 2010 

Revised July 21, 2010 

9-3 Chapter 9: Determinations Required by State Law 

Final Staff Report and 

Recommendations on Agricultural Burning

Table 9-1 - Crop Categories and Recommendations (Continued) 

Crop 

Categories and 

Crop type 

Current 

Method 

Potentially 

Feasible 

Alternative(s) 

Economically 

Feasible? Recommendations 

Surface Harvested Prunings 

Grape vines – 

other prunings 

from grape vines 

Soil 

Incorporation 

Soil 

Incorporation N/A Prohibit Burn 

Grape canes – 

defined as 

“Vineyard 

Materials” 

Soil 

Incorporation 

Soil 

Incorporation N/A Prohibit Burn 

Raisin Trays – 

defined as 

“Vineyard 

Materials” 

Open Burn 

None. 

Material Type 

& Recycling 

Issues. 

N/A Allow Burn 

Almond, Walnut, 

and Pecan 

Crops 

Open Burn / 

Shred / 

Biomass 

Shred / 

Biomass 

Yes. if 

custom 

shedding 

services are 

available 

and 

economical 

for smaller 

growers 

1. Prohibit burning of prunings for each agricultural 

operation whose total nut acreage (i.e., 

almonds, walnuts, and pecans) at all agricultural 

operation sites is 3,500 acres or more. 

2. For each agricultural operation whose total nut 

acreage at all agricultural operation sites is less

than 3,500 acres, 

a. Allow burning of up to 20 acres of prunings 

per year, and 

b. Allow burning of additional prunings, 

provided: 

i. The operator submits to the APCO before 

the pruning operation is completed, a 

representative cost estimate(s) for 

shredding all prunings generated by the 

total nut acreage at the agricultural 

operation site. The cost estimate(s) shall 

reflect shredding in a time frame that 

allows the operator to proceed with 

established post-pruning cultural practices. 

ii. The APCO determines that either the 

submitted cost estimate(s) represent(s) an 

unreasonable financial impact to the 

operator, or that adequate shredding 

services are not available in time for the 

operator to proceed with established postpruning cultural practices. 

*N/A: Not applicable. Practices for these crop types are either already in place or there were no 

technologically feasible alternatives to open burning for these crop types. 

9.2 FEDERAL & STATE COMMITMENTS FOR BIOMASS FACILITIES 

The District has determined that there were no long-term federal or state funding 

commitments for the operation of biomass facilities or development of alternatives to 
San Joaquin Valley Unified Air Pollution Control District May 20, 2010 

Revised July 21, 2010 

9-4 Chapter 9: Determinations Required by State Law 

Final Staff Report and 

Recommendations on Agricultural Burning

burning. The District supports legislation that will encourage, promote, and facilitate 

alternative uses for agricultural material. The District also supports policies and 

initiatives that encourage renewable energy and energy efficiency, including supporting 

legislation that provides additional biomass capacity utilizing agricultural materials. 

Biomass facilities have received funding from short-term programs such as the Existing 

Renewable Facilities Program (ERFP) through the CEC and federal corporate tax 

credits from a short-term federal program called the Renewable Electricity Program Tax 

Credit (PTC). The California State Legislature will determine future funding for biomass 

facilities. 

9.3 AIR QUALITY IMPACTS 

The District determined that the continued issuance of burn permits for these crop 

categories would not cause or substantially contribute to a violation of an applicable 

federal ambient air quality standard. Burning of agricultural waste materials are 

managed by the District’s Smoke Management System (SMS). The SMS uses a 

combination of real-time meteorological information and computer modeling to 

determine the allowable amount and location of agricultural burning. District’s use of 

the SMS would limit combustion emissions to levels below the violation threshold of any 

applicable federal ambient air quality standard. 

9.4 ARB CONCURRENCE 

District staff has forwarded this report with the District’s recommendations to ARB for 

review. Prior to the District’s Governing Board’s consideration of approval of the revised 

proposed recommendations, District staff has worked with ARB toward a concurrence 

with the determinations, as required by the CH&SC Section 41855.6. ARB held a 

Governing Board Hearing on May 27, 2010 to present the staff’s report and 

recommendations. As a result, ARB concurred with the District Governing Board’s 

determinations and requested that the District re-evaluate the determinations within two 

years.