February 10 9 , 201 2 1 Placer County APCD 30 2

- 1 R ules and Regulations 

### RULE 302 AGRICULTURAL WASTE BURNING SMOKE MANAGEMENT

Adopted 02

- 10

- 1 1 (Amended 02

- 09

- 12)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

200 DEFINITIONS

201 AGRICULTURAL BURNING

202 AGRICULTURAL OPERATION

203 AGRICULTURAL WASTES

204 DISALLOWED COMBUSTIBLES

20 5 4 NO

- BURN DAY

20 6 5 OPEN BURNING OR OPEN OUTDOOR FIRE

20 7 6 PERMISSIVE BURN DAY OR BURN DAY

20 8 7 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE

BURNING

20 9 8 SACRAMENTO VALLEY SMOKE MANAGEMENT PROGRAM

2 1 0 9 SMOKE MA NAGEMENT PLAN

2 1 1 0 SMOKE MANAGEMENT PROGRAM

300 STANDARDS

301 PROHIBITIONS ON OPEN BURNING

302 BURN PERMITS

30 3 BURN PERMIT VALIDITY

30 4 BURN DAYS

30 5 VEGETATION MATERIAL PREPARATION AND DRYING TIMES

30 6 STRAW MOISTURE DETERMINATION (CRACKLE TEST)

30 7 LIG HTING PRACTICES

30 8 APPROVED IGNITION DEVICES

309 WIND DIRECTION

310 DETERMINATION OF AMOUNT BURNED DAILY

311 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH

, AND RESERVOIR MAINTENANCE

BURNING

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT APPLICATION INFORMATION

4 02 FIRE AGENCY DISCLOSURE

40 2 3 REVOCATION OF A BURN PERMIT

40 3 4 SMOKE MANAGEMENT PROGRAM

40 4 5 APCO APPROVAL

40 5 6 BURN PERMIT FEES

500 MONITORING AND RECORDS

501 BURN REPORTSFebruary 10 9,

- 201 2 1 Rules and Regulations 30 2

- 2 Placer County APCD This Page Intentionally Left BlankFebruary 10 9 , 201 2 1 Placer County APCD 30 2

- 3 R ules and Regulations 100 GENERAL

101 PURPOSE: To establish sta ndards and administrative requirements under which agricultural burning, including the burning of agricultural waste s , limited to the growing of crops or raising of fowl or animals, may occur in a reasonably regulated manner that manages the generation of smoke and reduces the emission of particulates and other air contaminates from such burning.

To establish the requirements pursuant to Title 17 CCR Subchapter 2

- Smoke Management Guidelines for Agricultural and Prescribed Burning, Article 2

- District

Sm oke Management Program.

102 APPLICABILITY: The provisions of this rule shall apply to all agricultural burning located in Placer County except where otherwise prohibited by a local jurisdiction.

103 EXEMPTIONS

103.1 Rule Exemptions

103.1.1 Burning conducted pursua nt to Rule 301; NONAGRICULTURAL

BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.2 Burning conducted pursuant to Rule 303

, PRESCRIBED BURNING

SMOKE MANAGEMENT is exempt from this Rule.

103.1.3 Burning conducted pursuant to Rule 304

, LAND DEVELOPMENT

BURNING SMOK E MANAGEMENT is exempt from this Rule.

103.1.4 Burning conducted pursuant to Rule 305

, RESIDENTIAL ALLOWABLE BURNING is exempt from this Rule.

103.1.5 Burning conducted pursuant to Rule 306

, OPEN BURNING OF NON

INDUSTRIAL WOOD WASTE AT DESIGNATED DISPOSAL SITES is

exemp t from this Rule

.

103.1.6 The use of o rchard or c itrus h eaters used for the prevention of frost damage are is provided for under R ule 208, ORCHARD OR CITRUS

HEATERS

.

103.2 Exemptions from Section 304, Burn Days

103. 2.1 Empty Sacks or Containers: The A PCO may , by special permit burn permit , authorize the burning of empty sacks or containers which contained pesticides or other toxic substances on the premises where used, provid ed ing the sacks or containers are within the definition of

a gricultural w astes

.

103.2 .2 Burn Day Exemption for Threat of Imminent and Substantial Economic

Loss: T he A PCO may

, by permit burn permit

, allow agricultural burning on days designated by the A RB or A PCO as "no burn days" if the

denial of the permit burn permit would threaten immine nt and substantial economic loss. The granting of an exception does not exempt the applicant from any other District or fire control regulations. Such authorization shall be limited to the amount of acreage which can be burned in any one day and will only authorize s burning which is not likely to cause or contribute to exceedances of air quality standards or result in smoke impacts to smoke sensitive areas.February 10 9,

- 201 2 1 Rules and Regulations 30 2

- 4 Placer County APCD 103.3 Exemption s, Minimum Drying Time s

103.3.1 The burning of standing green vegetati on ve material associated w ith right

- of

- way clearing, levee, ditch, and reservoir maintenance burning, is exempt from Section 305 when such vegetation may need to be burned green.

103.3.2 The APCO may grant an exemption to the drying times specified in

Section 305 if the denial o f such burning would threaten imminent and

substantial economic loss.

200 DEFINITIONS ( Unless otherwise defined below, the terms used in this R ule are defined in Rule 102, DEFINITIONS or Rule 301

, NONAGRICULTURAL BURNING SMOKE MANAGEMENT .)

201 AGRICULTUR AL BURNING: Open outdoor fires used in agricultural operations in the growing of crops or raising of fowl or animals; open outdoor fires used in forest management, range improvement; or the improvement of land for wildlife and game habitat or disease or p est prevention ; or the use of open outdoor fires used in the operation or the maintenance of a s ystem for the delivery of water and wildland vegetation management burning.

202 AGRICULTURAL OPERATION: The growing and harvesting of crops or

, raising of fow l

or animals

, for the primary purpose of making a profit or providing a livelihood

, or the conducting of agricultural research or instruction by an educational institution. Agricultural operations do not i nclude activities involving the processing or distr ibution of crops or

fowl.

203 AGRICULTURAL WASTES

203.1 The unwanted or unsalable materials produced wholly from agricultural operations and materials not produced from agricultural operations

, but which are intimately related to the growing or harvestin g of crops.

203.2 Materials not produced wholly from agricultural operations, but which are intimately related to the growing or harvesting of crops and which are used in the

field s

. This includes materials such as fertilizer and pesticide paper sacks or

paper containers, where the sacks or contain ers are emptied in the field s

. This

does not include , however, such items as shop wastes, demolition materials, garbage, oil filters, tires, plastic pesticide plastic containers (except for paper pesticide containers), broken boxes, pallets, or other similar material, or orchard or vineyard waste s removed for land use conversion to nonagricultural purposes

.

204 DISALLOWED COMBUSTIBLES: A ny waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; putrescible (rotten wastes) and non

- putrescible solid, semisolid and liquid materials or wastes; tires; tar; tarpaper; non

- natural wood waste; processed or treated wood and wood produc ts; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; and fecal

- and food

contaminated mat erial.

2 0 5 4 NO BURN DAY: Any day on which agricultural burning , including prescribed burning, is prohibited by the ARB or the APCO

.February 10 9 , 201 2 1 Placer County APCD 30 2

- 5 R ules and Regulations 20 6 5 OPEN BURNING OR OPEN OUTDOOR FIRE: Burning Combustion of any disallow ed

combustible s waste s of any type, outdoors in the open air, where the products of combustion are not directed through a flue.

20 7 6 PERMISSIVE BURN DAY OR BURN DAY: Any day in on which agricultural burning

, including prescribed burning

, is not prohibited by the ARB and /or the APCO

.

20 8 7 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE

BURNING : T he use of fires for the disposal of vegetati on ve material , which may include standing green vegetation (e.g. grasses, weeds, brush and small trees)

, and wood

wastedebris for right

- of

- way cleari ng by a public entity or utility or for levee, ditch

, or
reservoir maintenance.

2 0 9 8 SACRAMENTO VALLEY SMOKE MANAGEMENT PROGRAM: A regional program

outlined implemented under a plan prepared by the Sacramento Valley Basin w W ide Air

Pollution Control Counc il (BCC) and its Technical Advisory Committee (TAC). The BCC

and TAC are comprised of an the elected district board member and air pollution control

officer , respectively, from each air district in the Basin: Butte, Colusa, Glenn, Placer, Sacramento, Shasta , Tehama, Yolo/Solano, and Feather River. The BCC reviews and amends the program in cooperation with the staff of the California Air Resources Board Meteorology and Compliance Program Review sections, the affected industry, environmental groups, and other interested parties.

2 1 0 9 SMOKE MANAGEMENT PLAN: A document prepared for each prescribed fire by land managers or fire managers that provides the information and procedures required in Section 80160 of Title 17 of the California Code of Regulations , and a s provided for in Rule 303, Prescribed Burning Smoke Management

.

2 1 1 0 SMOKE MANAGEMENT PROGRAM: A program adopted by the District Board and approved by the ARB as required under Title 17, Chapter 1, Subchapter 2 ;

, Smoke Management Guidelines for Agricult ural and Prescribed Burning of the California Code of Regulations . The program outlines the impl ementation and enforcement of a smoke management program for those portions of Placer Count y in the Mountain Counties and

Lake Tahoe Air Basins.

300 STANDARD S

301 PROHIBITIONS ON OPEN BURNING: Except as provided in Regulation 3, no person shall use open outdoor fires (including the use of a burn barrel) for the purpose of disposal or burning of any disallow ed combustibles.

302 BURN PERMITS

30 2 .1 A person sh all not ignite , conduct, or allow agricultural burning, including the burning of agricultural waste s , without first obtaining a valid burn permit from the

D istrict.

302.2 If required

, A a separate burn permit may also need to be obtained from be required by the fire protection agency that has jurisdiction in the area of the proposed burn project.

303 BURN PERMIT VALIDITY: No permit burn permit shall be construed to authorize open outdoor fires for any day during which:

30 3 .1 Agricultural burning is prohi bited by the A RB or the A PCO It is a no

- burn day

.

30 3 .2 Open burning is prohibited by a fire protection agency for fire control or prevention.February 10 9,

- 201 2 1 Rules and Regulations 30 2

- 6 Placer County APCD 304 BURN DAYS

304.1 No person shall knowingly ignite or allow ignition of agricultural waste burning on

no burn days when it is prohibited by the A RB or the A PCO

, or when burning is prohibited by fire protection agency.

304. 2 Burn Hours: No field crop burning shall commence before 10:00 AM or after 5:00 PM of any day unless otherwise designated . The District may further restrict burning hours if it is deemed necessary to prevent adverse impacts to downwind
receptors.

30 5 VEGETATION MATERIAL PREPARATION AND DRYING TIMES

30 5 .1 Rice Harvesting

- Mechanical Straw Spreader: A ll rice harvesting shall employ a mechanic al straw spreader to ensure even distribution of the straw, with the following exception.

30 5 .1.1 Rice straw may be left in rows, provided it meets the drying time criteria prior to a burn, as described in Section 30 6.1.

30 5 .1.2 After harvest, no spread rice straw shall be burned prior to a three day drying period. No rowed rice straw shall be burned prior to a ten day drying period.

30 5 .2 Other Agricultural Waste Burning: To assure rapid and complete combustion with a minimum of smoke, and to lower the moisture content of the vegetation material being burned, (from when the vegetation was cut and is to be burned), the following are the re quired drying times

. for vegetation :

30 5 .2.1 A minimum of three days for other agricultural waste su ch as field crop

residue (other than rice stubble), vegetable tops

, and seed screenings to assure rapid and complete combustion with a minimum of smoke.

30 5

. 2.2 A minimum of 15 days

, of drying time

, for fine prunings or cuttings, less

than 3 inches in diameter

, at the cut end.

30 5.2.3 A minimum of three to six weeks

, of drying time

, for prunings or brush

or small branches

, 3 to 6 inches in diameter

, at the cut end.

30 5 .2. 4 A minimum of six weeks

, of drying time

, for trees, stumps

, and large branches greater than 6 inches in diameter , at the cut end

.

30 5 .2. 5 No vegetation material shall be burned unless it is reasonably free of dirt, soil, and surface moisture and then shall be burned in a manner to prevent excessive smoke. Excessive smoke is that which causes a

nuisance.

30 5 .2. 6 Vegetation Material stacked for burning shall not be burned unless it is stacked in such a manner to promote drying and e nsure combustion

with a minimum amount of smoke.

30 5 .2. 7 Unwanted trees shall be felled and dried prior to the burn.

305.2. 7 8 The vegetation material to be burned shall be free of disallow ed combustibles and other material that is not produced in an agricultural operation

.

306 STRAW MOISTURE DETERMINATION (CRACKLE TEST)February 10 9 , 201 2 1 Placer County APCD 30 2

- 7 R ules and Regulations 30 6 .1 Water Moisture: After a rain exceeding 0.15 inches, th e provisions of Section
305.1.2, above notwithstanding, rice straw shall not be burned unless the straw makes an audible crack when tested just prior to burning. The method of testing

shall be as described in S subs ection 30 6 .2

. and 30 6 .3.

30 6 .2 Straw: Wh en checking a field for moisture

, a composite sample of straw from

under the mat

, in the center of the mat and from different areas of the field shall

be taken to ensure a representative sample. The provisions of Section 30 5

. 1

, above notwithstanding, rice straw shall only be deemed dry enough to burn if a

handful of straw selected as described in subsection 306.2 above crackles audibly when it is bent sharply.

30 7 LIGHTING PRACTICES: Field crop straw and residue shall be ignited only by strip firing

into

- the

- wind or by backfiring

, except when and where an extreme fire hazard is declared by a fire protection agency

, or where crops are determined not to lend themselves to these techniques

.

30 8 APPROVED IGNITION DEVICES: All open outdoor fires as authorized by this regulation shall be ignited only with approved ignition devices . T he vegetation material to be burned should be ignited as rapidly as practicable within applicable fire control restrictions.

309 WIND DIRECTION: Burning shall be curtailed when smo ke is drifting into a nearby populated area or which is or may become creating a public nuisance or hazard.

310 D ETERMINATION OF AMOUNT BURNED DAILY :

310.1 Sacramento Valley Air Basin:

310.1.1 The daily acreage allotment on permissive burn days

, of fo r open outdoor burning in agricultural operations in the growing of crops or and the raising of fowl or animals

, shall be no more than that amount determined by the A RB from the daily basin wide acreage allotment equation contained in the approved Sacrament o Valley Smoke Management Program.

310. 1.2 1 A prescribed burn conducted under a Smoke Management Plan, located in the Sacramento Valley Air Basin, shall be considered a part of the daily agricultural burn acreage allocation that was burned on a given day

.

310.2 Mountain Counties and Lake Tahoe Air Basins: Only that amount of vegetation that can be reasonably expected to burn completely within 24 hours of ignition.

311 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH

, AND RESERVOIR MAINTENANCE

BURNING: The following conditions apply:

311.1 Disallow ed combustibles must be removed prior to burning.

311.2 Vegetation has been prepared by stacking, drying, or other methods to promote combustion as specified by the District.

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMI T APPLICATION INFORMATION

401.1 Type of burning ;

401.2 Name and /or Business Name and address of the permittee ;February 10 9,

- 201 2 1 Rules and Regulations 30 2

- 8 Placer County APCD 401.3 Location of the proposed burn ;

401.4 Distance from the proposed burn to the nearest neighboring home or structure to

nearest residential area (in miles) ;

401.5 The type of vegetation material or agricultural waste to be burned ;

401.6 Acreage or estimated tonnage or size of pile of the vegetation material to be

burned ;

401.7 Reason for burning ;

401.8 Applicant’s signature with date signed

. The applicant signing the permit burn permit shall read and attest to the accuracy of the information provided.

401.9 Each permit burn permit issued shall bear a statement of warning containing the following words or words of like or similar import: "THI S PERMIT BURN PERMIT

IS VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR

RESOURCES BOARD DOES NOT PROHIBIT AGRICULTURAL BURNING

PURSUANT TO SECTION 41855 OF THE HEALTH AND SAFETY CODE."

401.1 0 The applicant or representative shall have the permit burn permi t available for inspection at the burn site during the burn.

402 FIRE AGENCY DISCLOSURE: A permit shall not be issued to an applicant unless information is provided as required by the fire protection agency for fire protection

purposes

. 403 402 REVOCATION OF A BURN PERMIT: The APCO , or his/her designee, may revoke a n agricultural burn permit if it is found that the burn permit conditions, any s tate or f ederal
laws, or the provisions of this Rule have been violated. The designated agency or the APCO shall notify the burn permit holder in writing of the revocation and the reasons

therefore

, for the revocation. s S ervice of the notification of revocation may be by personal delivery or certified mail. In the case of service by mail, service shall be deemed complete at the time of deposit of the notification in the United States P p ost O o ffice, or a
mail box, sub

- P p ost O o ffice, substation, or mail chute, or other like facility.

40 2 3 .1 Within ten days after service of the notice of revocation specified in Section 40 2 3

above

, the permit burn permit holder may petition the Hearing Board in writing for a public hearing. The Hearing Board, after notice and a public hearing held within 30 days after filing the petition, may sustain or reverse the decision of the A PCO or the designat ed agency.

40 3 4 S MOKE MANAGEMENT PROGRAM

40 3 4 .1 Sacramento Valley Air Basin: The Sacramento Valley Smoke Management Program applies to agricultural and other burning operations, as defined by Section 80101 of Title 17 of the CCR, which are conducted at all elevations in the Sacramento Valley Air Basin. Policies and procedures specified by the Sacramento Valley Smoke Management Program apply throughout the year unless otherwise specified in the program.

40 3 4 .2 Mountain Counties and Lake Tahoe Air Basins: The Placer County Smoke Management Program applies to agricultural and other burning operations, as defined by Section 80101 of Title 17 of the CCR, which are in the Mountain Counties and Lake Tahoe Air Basins. Policies and procedures specified by this

p rogram apply throughout the year unless otherwise specified in the program.

40 4 5 APCO APPROVAL: No person shall commence an agricultural burn without receiving permission from the APCO, or his/her designee. For those air basins using a dailyFebruary 10 9 , 201 2 1 Placer County APCD 30 2

- 9 R ules and Regulations allocation s ystem, T t he APCO shall distribute the daily allocated acreage throughout the

District for the purposes of minimizing the density of emissions and protecting downwind

urban areas.

4 0 5 6 BURN PERMIT FEES: Burn permits are valid only following receipt of the permit fees specified in Rule 607, BURN PERMIT FEES

.

500 MONITORING AND RECORDS

501 BURN REPORTS

501 .1 Annual Report: A report of agricultural burning conducted shall be submitted to the ARB by the D istrict within 45 days of the end of each calendar y ear. The report shall include the estimated tonnage or acreage of each agricultural waste type burned from open outdoo r burning in agricultural operations and the location

of where the burning was performed.

501.2 Special Burn Permits Issuance Report: A re port of permit burn permit s issued, each year, pursuant to subsection 103.2.2 shall be submitted to the ARB within 45 days of the end of the calendar year. The report shall include the number of

such burn permits issued, the date of issuance of each permi t , the person or persons to whom the burn permit was issued, and an estimate of the amount of agricultural wastes burned pursuant to the permit , and a summary of the reasons why denial of each burn permit would have threatened imminent and substantial

econ omic loss, including the nature and dollar amounts of such loss.February 10 9,

- 201 2 1 Rules and Regulations 30 2

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