Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Submission to the California SIP of Regulation II – Open Burning 

In accordance with the California Clean Air Act Section 110(l) and Section 193, the District is 

submitting the following request to supersede the existing SIP approved “Sutter County Regulation 2 –

Prohibitions, Exceptions Requirements” and “Yuba County Regulation 2 – Prohibitions with Regulation 

2 - Open Burning” with “Regulation II – Open Burning” (Exhibit A).

The Sutter County regulations and the Yuba County regulations were locally merged into Regulation II 

and amended in March, 2004 when the District included the provisions of the California Airborne Toxic 

Control Measure for Residential Burning [CCR title 17, Section 93113]. The Regulation was amended 

again in October, 2008 to provide clarification on pesticide paper sack burning and fix administrative 

issues. 

The District has evaluated this SIP revision request and determined that it would not interfere with any 

applicable requirement concerning attainment and reasonable further progress or any other applicable 

requirement of the Act (CAA § 110(l)) or modify, in a nonattainment area, any SIP-approved control 

requirement in effect before November 15, 1990 (CAA § 193). A rule specific analysis is included in 

Exhibit B for Sutter County & Exhibit C for Yuba County.

The adoption of Regulation II – Open Burning (Exhibit A) into the SIP would increase the enforceable 

emission limitations and control measures for the Feather River Air Quality Management District. Since 

the amendments have been adopted and implemented locally, emissions from opening burning have 

decreased. Several sections of the amendments modified the Regulation to be more stringent. For 

example, the amendments prohibited open burning at commercial properties, burning in residential 

burn barrels, burning for disposal of commercial or residential wood waste, and expanded the list of 

prohibited materials.

Regulation II – Open Burning does contain provisions for director’s discretion necessary for rare yet 

possible circumstances. These sections of the rule (sections I.8(a), J.1(a), J.6, and J.8(a)(1)) are not 

achieving the emission reductions needed to achieve attainment because they are rarely used and are 

therefore not in conflict with CAA section 110(a)(2)(A). The following is discussion of each of these 

rules.

Rule I.8 (a) allows director discretion to allow burning of dry trees, uprooted stumps and branches 

greater than 6 inches past the end of burn hours because attempting to extinguish such fires causes 

more PM emissions and nuisance smoke than allowing them to burn out naturally. The District 

evaluates the impact to nearby receptors and will not approve such ignitions if nuisances are 

anticipated. Rule J.8(a)(1) requires a Smoke Management Plan which is intended to prevent smoke 

from impacting populated areas and the attainment status.

Rule J.1(a) allows the ARB to restrict or relax the burn hours due to air quality factors. It is very rare 

for the ARB to relax burn hours, and if relaxed, then it would be done so after confirming that such an 

action would not result in an impact to an areas attainment status. In addition, the District does not 

have authority to change the ARB rules that allow this. The District does not have to allow burning in 

these circumstances and is always able to require stricter standards on the regulated community.

Rule 2.J.6 allows burning on a no-burn day under director’s discretion when denial of such 

authorization would threaten imminent and substantial economic loss or would cause a public health 

hazard like in the event of a catastrophic levee failure resulting in widespread flooding and the death of 

livestock whose carcasses would need to be disposed of immediately through burning. This allowance 

has not been used since the adoption of the rule amendments. The rule requires that in order to use 

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

this discretion, the District must determine that downwind metropolitan areas are forecast by the 

District to achieve the ambient air quality standards and/or a fire agency has not declared a no-burn 

day due to safety. In addition, the rule restricts the acreage allowed to be burned, requires a written 

statement from the source as to the proof of loss or harm, and does not exempt the burner from any 

other rule or regulation of the District. 

Rule L.5 (c) allows the APCO to determine that residential air quality burn permits are not required. 

The District has not required residential burn permits since 1991. This provision is not being used for 

attainment purposes. Therefore, it is consistent with CAA sections 193 and 100(l).

A list of the burn rules superseded and the new rules are shown in Tables I, II, and III.

Table I

New Rules to be added to the SIP and ARB’s rule website

Rule Number New Burn Rule Name Adoption Date

2.0 OPEN BURNING 10/06/08

Table II

Previously Adopted Rules to be Replaced on ARB’s rule website

Rule Number Rescinded Burn Rule Name Adoption Date

2.0 OPEN BURNING 03/01/04

Table III

Previously Adopted Rules that are Superseded in the SIP

Sutter County - Regulation 2 - Prohibitions, Exceptions Requirements

Rule 

Number Title Adoption Date

FR 

Publication 

Date

Citation

2.01 Exceptions to Rule 2.0 04/12/1982 47 FR 15585

2.02 APCO May Issue Burn Permit 04/12/1982 47 FR 15585

2.03 Burning on "No-Burn" Days 04/12/1982 47 FR 15585

2.04 Exception to Rule 2.3 04/12/1982 47 FR 15585

2.05 Permit Regulations 10/15/1985 02/03/1987 52 FR 3226

2.06 Burning Hours 04/12/1982 47 FR 15585

2.07 Agricultural Burning Requirement 04/12/1982 47 FR 15585

2.08

Range Improvement and Property Being 

Developed for Commercial or Residential 

Purposes

04/12/1982 47 FR 15585

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

2.082 Open Burning of Waste Wood on Property 

Where Grown 01/26/1982 47 FR 3550

2.09 Prohibited Burning 04/12/1982 47 FR 15585

2.10 Exceptions 04/12/1982 47 FR 15585

2.11 Fire Prevention 04/12/1982 47 FR 15585

2.12 Designated Agencies 04/12/1982 47 FR 15585

2.14 Reduction of Odorous Matter 09/22/1972 37 FR 19812

2.15 Orchard and Citrus Heaters 04/12/1982 47 FR 15585

2.16 Cost of Putting Out a Fire 04/12/1982 47 FR 15585

Yuba County - Regulation 2 - Prohibitions

Rule 

Number Title Adoption Date

FR 

Publication 

Date

Citation

2.00 Open Fires 03/05/1985 04/17/1987 52 FR 12523

2.01 Exceptions to Rule 2.0 03/05/1985 04/17/1987 52 FR 12523

2.02 APCO May Issue Burn Permit 01/26/1982 47 FR 3550

2.03 Burning on "No-Burn" Days 03/05/1985 04/17/1987 52 FR 12523

2.04 Exceptions to Rule 2.3 04/12/1982 47 FR 15585

2.05 Permit Regulations 03/05/1985 04/17/1987 52 FR 12523

2.06 Burning Hours 03/05/1985 04/17/1987 52 FR 12523

2.07 Agricultural Burning Requirements 03/05/1985 04/17/1987 52 FR 12523

2.08

Forest Management, Range Improvement 

and Property Being Developed for 

Commercial or Residential Purposes

01/26/1982 47 FR 3550

2.09 Prohibited Burning 03/05/1985 04/17/1987 52 FR 12523

2.10 Exceptions 01/26/1982 47 FR 3550

2.11 Fire Prevention 03/05/1985 04/17/1987 52 FR 12523

2.12 Designated Agencies 01/26/1982 47 FR 3550

2.14 Pressure Tank 09/22/1972 37 FR 19812

2.15 Orchard and Cirus Heaters 01/26/1982 47 FR 3550

2.16 Cost of Putting Out a Fire 03/05/1985 04/17/1987 52 FR 12523

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Exhibit A

Regulation II – Open Burning

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

REGULATION II – OPEN BURNING

Rule 2.0 OPEN BURNING (Adopted 01/89, Amended 3/1/04, 10/6/08) 

A. PURPOSE

A.1 The purpose of this rule is to ensure open burning in the District is conducted in a 

manner that minimizes emissions and smoke and is managed consistent with state 

and federal law. 

B. APPLICABILITY

B.1 The provisions of this rule shall apply to any person or land manager conducting, 

allowing, or using any open burning for the purpose of disposal within Yuba and 

Sutter Counties.

B.2 The provisions of this rule shall apply to any open burning including but not limited 

to:

(a) agricultural burning

(b) non-agricultural burning such as land use conversion for non 

agricultural purposes, fire prevention/suppression training, and 

disposal of Russian Thistle (Salsola kali or "tumbleweed")

(c) disposal of infectious wastes, other than hospital wastes

(d) disposal of contraband

(e) residential burning

B.3 The provisions of this rule shall not apply to open burning for the purposes of 

cooking food for human consumption or recreational fires providing that there are no 

prohibited materials as defined in Section E.15.

C. SEVERABILITY

C.1 If any section, subsection, sentence, clause, phrase, or portion of this rule is, for any 

reason, held invalid, unconstitutional, or unenforceable by any court of competent 

jurisdiction, such portion shall be deemed as a separate, distinct, and independent 

provision, and such holding shall not affect the validity of the remaining portions 

thereof.

D. EFFECTIVE DATE

D.1 The provisions of this rule shall be effective on the date of adoption.

E. DEFINITIONS

E.1 Agricultural Burning means:

(a) open outdoor fires used in agricultural operations in the growing of 

crops or raising of fowl or animals, including burning empty paper 

containers of agricultural chemicals, or open outdoor fires used in 

forest management, range improvement, or the improvement of land 

for wildlife and game habitat, or disease or pest prevention.

(b) open outdoor fires used in the operation or maintenance of a system 

for the delivery of water for the purposes specified in subdivision (a).

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(c) open outdoor fires used in wildland vegetation management burning. 

Wildland vegetation management burning is the use of prescribed 

burning conducted by a public agency, or through a cooperative 

agreement or contract involving a public agency, to burn land 

predominantly covered with chaparral, trees, grass, or standing brush. 

Prescribed burning is the planned application of fire to vegetation to 

achieve any specific objective on lands selected in advance of that 

application. The planned application of fire may also include natural or 

accidental ignition.

E.2 Approved Ignition Devices means an instrument or materials that will ignite open 

fires without the production of black smoke as approved by the Air Pollution Control 

Officer (APCO). This would include such items as liquid petroleum gas, butane, or 

diesel oil burners, flares, or other similar materials. This does not include waste 

products or fuels, tires, tar, tar paper, oil and other similar materials.

E.3 Burn Barrel means a container used to hold combustible or flammable waste 

materials so that they can be ignited outdoors for the purpose of disposal.

E.4 District means the Feather River Air Quality Management District having 

jurisdiction over Yuba and Sutter Counties.

E.5 Fire Protection Agency means any agency with the responsibility and authority to 

protect people, property, and the environment from fire, and having jurisdiction 

within a district or region.

E.6 Incinerator means any device constructed of nonflammable materials, including 

containers commonly known as burn barrels, for the purpose of burning therein 

trash, debris, and other flammable materials for volume reduction or destruction.

E.7 Land Manager means any federal, state, local, or private entity or person that 

administers, directs, oversees, or controls the use of public or private land, including 

the application of fire to the land.

E.8 No-Burn Day means any day, or portion thereof, designated by the Air Pollution 

Control Officer, the California Air Resources Board, or, a local, state or federal fire 

protection agency having jurisdiction over the burn location, as a day, or portion 

thereof, during which no fires may be ignited or no material may be added to an 

approved existing fire except as authorized in Section J.6.

E.9 Non-Agricultural Burning, as regulated under the California Health and Safety 

Code, means all open burning set pursuant to sections K and L of this rule 

including, but not limited to, fires set by a public officer or public entity, for 

commercial or residential property development, fires set at a solid waste disposal 

site, and for the disposal of Russian Thistle.

E.10 Open Burning means combustion of any material of any type, outdoors in the open 

air, where the product of combustion is not directed through a flue.

E.11 Orchard or Citrus Grove Heaters means any approved article, machine, or 

equipment, burning any approved type of fuel or material capable of emitting air 

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

contaminants, used for the purpose of giving protection to crops from frost damage 

under the provisions of section G.10.

E.12 Paper Containers of Agricultural Chemicals means sacks or other receptacles 

that are predominately of paper and manufactured to contain pesticides, fertilizer, or 

toxic chemicals, and emptied and used in the field for purposes intimately 

associated with the growing and harvesting of crops.

E.13 Permissive Burn Day or Burn Day means any day, or portion thereof, on which 

allowable burning is not prohibited by the District, the California Air Resources 

Board or any local, state or federal fire protection agency having jurisdiction over 

the proposed burn location and is authorized by the District in accordance with the 

Smoke Management Program for Agricultural and Prescribed Burning, as set forth 

in Title 17 of the California Code of Regulations.

E.14 Person means any person, firm, association, organization, partnership, business 

trust, corporation, Limited Liability Company, company, state or local government 

agency, public district, or any officer or employee thereof, and the United States or 

its agencies, to the extent authorized by federal law. 

E.15 Prohibited Materials means any waste or manufactured material, including but not 

limited to petroleum products and petroleum wastes; construction and demolition 

wastes; lumber; tar paper; roofing material; wiring; flooring material; insulation; 

plywood; coated wire; putrescible wastes; tires; tar; wood waste; processed or 

treated wood products; metals; motor vehicle bodies or parts; rubber; synthetics; 

plastics, including plastic film, twine and pipe; fiberglass; Styrofoam; garbage; trash; 

refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; equipment; 

appliances; furniture; instruments; utensils; mattresses; shoes; cloth; rags; paper 

and paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of any 

dead animal; manure; human or animal parts or wastes, including blood and fecal 

matter or food contaminated material; or any other non-vegetative material that 

when burned may discharge air contaminants that may cause a health risk to any 

person.

E.16 Pruning Only Burn Day in accordance with the Sacramento Valley Smoke 

Management Program means any day, or portion thereof, designated by the 

California Air Resources Board or the District as a day, or portion thereof, during 

which small fires for the purpose of disposing orchard prunings may be ignited.

E.17 Range Improvement Burning means the use of open fires to remove vegetation 

for wildlife, game, or livestock habitat, or for the initial establishment of an 

agricultural practice on previously uncultivated land.

E.18 Residential means of or pertaining to dwellings occupied by one or two families.

E.19 Restricted field days in accordance with the Sacramento Valley Smoke 

Management Program means any day, or portion thereof, designated by the 

California Air Resources Board or the District, as a day, or portion thereof, during 

which small amounts of ditches, field stubble or spot burning will be permitted if 

such burning will not adversely affect downwind air quality.

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

E.20 Smoke Management Burn Plan means an operational plan for managing a 

specific fire to achieve resource benefits and specific management objectives. The 

document shall be prepared for each fire by land managers to provide information 

and procedures required by the District, in accordance with the Sacramento Valley 

Smoke Management Program, to minimize smoke impacts of the proposed burn 

project.

E.21 Wildland means any area where development is generally limited to roads, power 

lines, and widely scattered structures. Such land is not cultivated (i.e., the soil is 

disturbed less frequently than once in 10 years), is not fallow, and is not in the 

United States Department of Agriculture (USDA) Conservation Reserve Program. 

The land may be neglected altogether or managed for such purposes as wood or 

forage production, wildlife, recreation, wetlands, or protective plant cover.

(a) For CDF territory only, Wildland as specified in California Public 

Resources Code (PRC) section 4464(a) means any land that is 

classified as a state responsibility area pursuant to Article 3 

(commencing with Section 4125) of Chapter 1, Part 2 of Division 4 and 

includes any such land having a plant cover consisting principally of 

grasses, forbs, or shrubs that are valuable for forage.

(b) Wildland also means any lands that are contiguous to lands classified 

as a state responsibility area if wildland fuel accumulation is such that 

a wildland fire occurring on these lands would pose a threat to the 

adjacent state responsibility area.

E.22 Wildland Vegetation Management Burning is the use of prescribed burning 

conducted by a public agency, or through a cooperative agreement or contract 

involving a public agency, to burn land predominantly covered with chaparral, trees, 

grass, or standing brush.

F. GENERAL PROHIBITIONS 

F.1 Except as provided in these Rules and Regulations, no person or land manager 

shall conduct, allow, or use open fires for the purpose of disposal of any waste or 

other material.

F.2 In accordance with Health & Safety Code section 41700, no person shall discharge 

from any source air contaminants which cause injury, detriment, nuisance, or 

annoyance to any considerable number of persons or to the public, or which 

endanger the comfort, repose, health, or safety of any such persons or the public, or 

which cause, or have a tendency to cause injury or damage to business or property.

(a) This section shall not apply to odors emanating from agricultural 

operations necessary for the growing of crops or the raising of fowl or 

animals.

F.3 Any open burning that is in violation of these Rules and Regulations is subject to 

being put out by any fire control agency when so ordered by the APCO. The cost of 

putting out the fire may be charged to the person, persons, business, firm, or 

corporation responsible for the fire.

(a) This provision is in addition to any other penalties that are authorized 

by Section 42400 through 42404 of the California Health and Safety 

Code and provisions of these Rules and Regulations.

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

G. EXEMPTIONS:

Nothing in these rules shall be construed to prohibit:

G.1 Agricultural Burning: Burning for the disposal of agricultural waste authorized 

pursuant to Section J "Agricultural Burning".

G.2 Public Officer: Burning operations conducted by or permitted by any public officer 

authorized pursuant to section K.1 "Public Officer". 

G.3 Industrial Training: Burning operations on property used for industrial purposes for 

the purposes of instruction of employees in methods of fire fighting pursuant to 

Section K.2 "Industrial Site Fire Training".

G.4 Right-of-Way Clearing: Burning by a public entity or utility for right-of-way clearing 

or other property access, or for levee, reservoir, ditch, or drainage maintenance 

authorized pursuant to Section K.5 "Right of Way, Levee, Reservoir, and Ditch 

Clearing".

G.5 Residential Burning: Burning for the disposal of vegetative material waste 

authorized pursuant to Section L "Residential Burning".

G.6 Backfires: Burning operations conducted following Section 4426 of the Public 

Resources Code as backfires necessary to save life or valuable property.

G.7 Recreational: Open outdoor fires used for cooking food for human consumption or 

for recreational purposes providing the fire does not contain prohibited materials as 

defined in section E.15 "Prohibited Materials".

G.8 Pesticide Application: Open burning for the purposes of creating a smoke column 

during pesticide applications as required by section 6464 (a) of the California Code 

of Regulations.

(a) Section 41701 of the Health & Safety Code shall not apply to smoke 

generated for this purpose.

G.9 Animal Husbandry: Fires used in heating branding irons as necessary in animal 

husbandry practices providing the fire does not contain prohibited materials as 

defined in section E.15 "Prohibited Materials".

G.10 Frost Protection for Orchards and Citrus Groves: Heaters are authorized under 

California Health & Safety Code Section 41860 when used for preventing frost 

damage in orchards and citrus groves. The following applies to heaters in orchards 

and citrus groves to prevent frost damage. 

(a) No new orchard or citrus grove heater shall be sold for use against 

frost damage unless the California Air Resources Board has approved 

it and finds it produces no more than 1 gram per minute of 

unconsumed solid carbonaceous material. 

(b) No person shall use any orchard or citrus grove heater unless the 

California Air Resources Board has approved it.

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(c) Open fires in orchards or citrus groves for the purposes of frost 

protection are prohibited.

(d) The use of rubber tires or any rubber products in any combustion 

process in connection with any orchard or citrus grove heating is 

prohibited.

H. OPEN BURNING PERMITS 

H.1 Permit Required: No person shall ignite any open fire, conduct, perform or 

participate in any open burning activity, or allow the open burning activity on any 

property under the person’s possession without first obtaining a valid burn permit 

issued by the APCO and follows the conditions specified on the permit and these 

rules and regulations.

(a) Each applicant for a burn permit shall provide such information as is 

required by the District or the designated fire protection agency for fire 

protection purposes.

(b) Fees for permitting shall be recovered in accordance with District 

Regulation VII.

H.2 Exemptions to Permit Requirements. The following are exempt from a District 

permit until proper public notice to remove the exemption is filed. Other permitting 

requirements from the fire protection services may be required.

(a) Open outdoor fires used for cooking food for human consumption or for 

recreational purposes.

(b) Open burning of vegetation at one- or two-family residences on parcels 

less than two acres in size, provided that the requirements of section L 

"Residential Burning" and the requirements of fire protection services 

are both met.

I. GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES

I.1 Compliance: No person shall ignite any open fire, conduct, perform or participate in 

any open burning activity, or, allow the open burning activity on any property under 

the person or land manager's responsibility, in violation of any State law, Statute, 

District Rule or Regulation, or burn permit issued by the APCO pursuant to these 

Rules and Regulations. Any open burning which is not in full and complete 

compliance with the provisions of these Rules and Regulations is in violation of 

these Rules and Regulations.

I.2 Fire Control: All fires shall be reasonably controlled and contained so that the fire 

does not escape.

I.3 Suspension of Burning Privilege: The APCO may suspend all burn privileges for 

any person or location for any violation of this rule.

I.4 Fire Protection Agencies: Local fire-protection agencies may have additional 

burning requirements for fire safety. Nothing in these regulations shall be construed 

as limiting the power of the fire protection agencies from requiring or enforcing 

stricter standards.

I.5 Ignition Devices: All open fires shall be ignited with an approved ignition device.

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

I.6 Smoke Minimization: All vegetative wastes to be burned shall be reasonably free 

of dirt, soil, visible surface moisture, and moisture content to minimize smoke.

(a) To lower the moisture content of vegetative waste, the elapsed time 

between cutting, felling or uprooting and ignition or burning shall be:

(1) Forty-five (45) days for trees and large branches 6" in diameter or 

greater.

(2) Thirty (30) days for prunings and small branches 3" to less than 6" 

diameter.

(3) Fifteen (15) days for fine prunings 0" to less than 3" diameter.

(b) All burnable waste shall be arranged so that it will ignite as rapidly as 

practicable within applicable fire control restrictions and burn with a 

minimum amount of smoke.

(c) Tree stumps shall not be burned in place.

I.7 Prohibited Materials: All open fires shall be free of prohibited materials as 

specified in section E.15 "Prohibited Materials".

I.8 Designated Burn Hours: Only that amount of waste that can reasonably be 

expected to completely burn within the burn hours shall be ignited on any one (1) 

day.

(a) Dry trees, uprooted stumps and branches greater than six (6) inches in 

diameter may be ignited even though they cannot reasonably be 

expected to completely burn within the burn hours after approval from 

the APCO.

I.9 Wind Direction: Burning shall not be ignited when the wind direction is such that 

smoke from the burning of such waste would be blown or carried into a nearbypopulated area and could create a public nuisance.

I.10 Burning of Vines or Bushes Treated with Herbicides: Vines or bushes may be 

burned in place without being cut or uprooted if they are treated and desiccated with 

herbicides and allowed to dry completely prior to ignition or burning.

I.11 Transportation of Burnable Materials: All vegetative material to be burned 

pursuant to this rule shall be burned on the property where the material was grown. 

No material may be transported to another location to be burned.

J. AGRICULTURAL BURNING

J.1 Burn Hours: A person shall not commence any open burning before or after the 

burn hours.

(a) The ARB is authorized to restrict or relax the burn hours due to air 

quality factors. Any restricted hours are enforceable for the day they 

are in effect.

(b) For orchard prunings, burn hours are between 9:00 a.m. and 4:00 p.m.

(c) Between March 1 and August 31, for all field crops, including rice, 

ditchbanks, weeds, and levees, burn hours are between 10:00 a.m. 

and 4:00 p.m. All fires shall be completely out by 5:00 p.m.

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(d) Between September 1 and February 28/29, for all field crops, including 

rice, ditchbanks, weeds, and levees burn hours are between 10:00 

a.m. and 3:00 p.m. All fires shall be completely out by 4:00 p.m.

J.2 Burn Acres: no fire shall be lit that may cause an exceedance of the Districts Daily 

Burn allocation as specified in the Sacramento Valley Air Basin Smoke 

Management Program.

J.3 Prohibited Materials: Agricultural open fires shall be free of prohibited materials as 

specified in Section E.15, "Prohibited Materials". 

J.4 Paper Containers of Agricultural Chemicals: The open burning of paper 

containers of agricultural chemicals must be conducted in accordance with 

California Environmental Protection Agency’s Department of Pesticide Regulations 

Guidelines for Emptying and Burning of Pesticide Bags, Chapter 13 General Policy 

Guidelines, Bag Disposal. Burning shall be conducted at the site of application 

under the conditions of an agricultural burn permit issued to the grower or 

applicator, in accordance with proper disposal guidelines specified on the packaging 

and downwind from any person or susceptible crops. In addition, only one day’s 

accumulation of empty bags can be burned in any one day. Only paper bags, inner 

bags, and paper outer containers may be burned. The ash does not need to be 

tested. A commercial applicator, either ground or aerial, can burn properly emptied 

pesticide sacks where the bags are opened and emptied at the application site and 

under the agricultural burn permit issued to the grower or applicator. The person 

burning the bags and anyone working in close proximity must wear eye protection 

and respiratory protective equipment rated for protection against the particular type 

of pesticide material being burned, as well as airborne particulates. 

J.5 Field Crop Burn Limitation: No crop acreage which was harvested prior to 

September 10 shall be burned during the period October 1 through November 15 of 

each year unless written authority is given by the District. 

J.6 Permit Invalidation on No-Burn Days: A burning permit shall not be valid on a NoBurn Day and a person shall not set or permit burning on a No-Burn Day.

(a) If a permissible burn day is subsequently changed to a No-Burn day, 

any previously approved fire ignited during the permissible portion of 

the day may continue to burn providing that no additional material is 

added. 

(b) Notwithstanding any other provision of this Regulation, the APCO may 

authorize burning on days designated by the State Air Resources 

Board as No-Burn Days when denial of such authorization would 

threaten imminent and substantial economic loss or would cause a 

public health hazard.

(1) The APCO may only authorize such burning when downwind 

metropolitan areas are forecast by the District to achieve the 

ambient air quality standards and/or a fire agency has not declared 

a no-burn day due to safety issues.

(2) The District shall limit the amount of acreage that can be burned on 

any one no-burn day in any one county to 200 acres.

(3) Within fifteen (15) days of the granting of an exemption, the 

applicant shall return a signed statement that provides the reasons 

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Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

why denial would have caused imminent and substantial economic 

loss or a public health hazard.

(4) Any APCO authorization does not exempt the responsible party 

from any other District or fire control regulation.

J.7 Rice Straw Burning: In addition to the general agricultural burning requirements of 

this rule, rice straw burning shall be performed in compliance with the Smoke 

Management Program and all of the following: 

(a) All rice harvesters shall employ a mechanical straw spreader to insure 

even distribution of the straw. Rice straw may be left in rows providing 

it meets the following drying time criteria. Drying times are timed after 

harvest. 

(1) Rice straw may be burned prior to the drying period specified if the 

straw passes the crackle test described in J.7 (b) "Crackle Test", 

prior to burning.

(2) For spread rice straw - three (3) day drying time.

(3) For rowed rice straw - ten (10) day drying time. 

(4) For rice straw harvested with the “stripper header” - three (3) days 

after the first frost found on the field; or three (3) days after mowing 

and spreading or chopping straw.

(5) After a rain exceeding .15 inch (fifteen hundredths of an inch), rice 

straw shall not be burned unless the straw passes the crackle test. 

(b) When testing the straw for moisture, the person responsible for the fire 

or his agent shall test a composite sample in accordance with the 

Sacramento Valley Air Basin Smoke Management Program. 

(c) Rice stubble is to be ignited only by strip firing into the wind or by 

backfiring except where and when extreme fire hazards are declared to 

exist by the appropriate fire control agency.

(1) The APCO may authorize other lighting techniques if safety 

reasons exist or if the crop does not lend itself to the approved 

techniques. 

J.8 Wildland Vegetation and Forest Management Burning

(a) Wildland vegetation and forest management burning shall conform to 

the Sacramento Valley Air Basin Smoke Management Program, the 

rules and regulations of the District and the following requirements:

(1) Any proposed burn, regardless of size, which will occur below a 

mean elevation of 1000 feet above sea level shall complete and 

submit a Smoke Management Plan on forms provided by the 

District at least seven (7) days prior to ignition.

(2) Any proposed burn which encompasses a land area greater than 

ten (10.0) acres and which occurs at or above a mean elevation of 

1000 feet shall complete and submit a Smoke Management Plan 

on forms provided by the District at least seven (7) days prior to 

ignition.

(b) No burning shall be ignited without District approval.

(1) The initial “go/no-go” decision to manage a naturally ignited fire for 

resource benefit shall be made in accordance with the Sacramento 

Valley Air Basin Smoke Management Program.

14
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

J.9 Air Resources Board Advance Permissive-Burn Forecast: Upon request from a 

permittee through the District, seven (7) days in advance of a specific range 

improvement burn, forest management burn, or wild land vegetation management 

burn, a permissive-burn or no-burn forecast will be issued by the state board up to 

48 hours prior to the date of the scheduled burn. Without further request, a daily 

forecast will continue to be issued until a permissive-burn forecast is issued.

(a) A permissive-burn or no-burn advisory outlook will be available up to 

72 hours in advance of burns.

K. NON-AGRICULTURAL BURNING

K.1 Public Officer: Fires set or permitted by any public officer if such fire is set or 

permission given in the performance of the official duty of such officer, and such fire 

in the opinion of the officer is necessary for the purposes specified in the California 

Health and Safety Code:

(a) For the purpose of the prevention of a fire hazard which cannot be 

abated by any other means.

(b) For the instruction of public employees in the methods of fire fighting.

(1) Burning of any structure shall be conducted in accordance with 

NESHAP requirements and ARB guidelines. The structure to be 

burned shall be certified free of asbestos.

(2) A District permit is required for any field training burn greater than 

twenty (20) acres.

(3) The public officer shall notify the District 48 hours before any burn 

conducted for the purposes of training.

(c) For the purpose of disease or pest control and prevention where there 

is an immediate need for and no reasonable alternative to burning, as 

determined by the APCO.

(1) Burning operations for disease or pest control shall notify the 

District in writing. 

K.2 Industrial Site Fire Training: Permits are required for industrial site employee 

instruction in fire fighting methods.

(a) Materials to be burned shall be certified free of asbestos. Laboratory 

results of the asbestos testing shall be submitted to the APCO at least 

ten (10) days before burning.

K.3 Land Clearing: Open burning of natural vegetation on land being developed for 

industrial or commercial purposes shall be prohibited.

(a) Burning is allowed and permits are required for land clearing on 

property being developed for a single family residence.

(1) All the requirements in Section I "General Burn Requirements, 

Conditions, and Practices" and the State Board approved criteria 

for open burning under the Smoke Management Program shall 

apply to this provision.

K.4 Solid Waste Disposal: Open burning at a solid waste disposal site shall be 

prohibited.

15
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

K.5 Right of Way, Levee, Reservoir, and Ditch Clearing: Right of way, Levee, 

Reservoir, and Ditch Clearing conducted by a public entity or utility shall require a 

District permit in accordance with this regulation.

(a) The material shall be prepared by stacking, drying, or other methods to 

promote combustion.

K.6 Russian Thistle: permits are required for the disposal of Russian Thistle pursuant 

to the California Health and Safety Code.

K.7 Multi-Unit Dwellings and Commercial Entities: At multi-unit dwellings and 

commercial entities, burning for the purpose of fire hazard reduction when done for 

the purpose of compliance with local fire hazard reduction ordinances.

(a) Fire hazard reduction shall require a District permit in accordance with 

this regulation and approved criteria for open burning.

(1) All the requirements in Section I "General Burn Requirements, 

Conditions, and Practices" shall apply to this provision.

L. RESIDENTIAL BURNING

L.1 General Conditions: All residential burning shall be subject to the requirements in 

section H "Open Burning Permits", section I "General Burn Requirements, 

Conditions, and Practices" and the following additional requirements. 

L.2 Additional Requirements:

(a) No person or land manager shall dispose of any material from any 

property by burning outdoors in a burn barrel or incinerator.

(b) Paper, cardboard, and all prohibited materials shall be prohibited from 

burning.

(c) All vegetation to be burned shall be generated from the property at 

which burning will occur. It is prohibited to burn imported vegetative 

materials.

(d) To minimize smoke impacts to nearby occupied dwellings; open fires 

shall not take place less than twenty-five (25) feet from any occupied 

dwelling.

(e) To minimize accidental ignition of prohibited materials; the open burn 

area shall have a minimum ten (10) foot clearance.

(f) A responsible adult shall attend the burn at all times.

(g) Any disposal of an unserviceable American Flag that is no longer fit for 

display must be conducted in a respectful and dignified manner in 

accordance with the CA Health & Safety Code section 41806(c).

L.3 Burn Days: Residential burn days are Monday, Wednesday, and Saturday 

providing it is a permissible burn day as determined by the APCO in accordance 

with the Sacramento Valley Air Basin Smoke Management Program. All residential 

burners must call the burn information recorder after 9:00 a.m. before igniting any 

open fire to determine if it is a burn day.

L.4 Burn Hours: Residential burn hours are between 9:00 a.m. and 4:00 p.m. No 

material can be added to the fire after 3:00 p.m. and the fire must be extinguished 

by 4:00 p.m.

16
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(a) Alternate burn hours may be set for State Responsibility Areas under 

the jurisdiction of the California Department of Forestry and the U.S. 

Forest Service.

(1) Residential Burners in these areas shall burn under a permit issued 

by the designated agency.

(2) Residential burners shall call the local fire-protection agency for 

seasonal and specific hour requirements.

L.5 Permitting: The APCO is authorized to require air quality burn permits for 

residential burns.

(a) Fees for permitting shall be recovered in accordance with District 

Regulation VII.

(b) Permitting requirements shall follow the conditions specified by the 

APCO.

(c) The APCO may determine that residential air quality burn permits are 

not required. This does not relieve the resident of the responsibility of 

obtaining any permit required and issued by a fire protection agency 

for fire safety.

17
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Exhibit B

Analysis for the Superseded SIP Rule

Sutter County - Regulation 2 – Prohibitions, Exceptions Requirements

18
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(Bold is the original SIP rule)

Sutter County - Regulation 2 – Prohibitions, Exceptions Requirements

2.01 Exceptions to Rule 2.0 04/12/1982 47 FR 15585

RULE 2.1 EXCEPTIONS TO RULE 2.0 (Adopted 1/89)

In accordance with Sections 41801 of the California Health and Safety Code the 

provisions of Rule 2.0, Open Fires does not apply to the following providing there are no 

prohibited materials burned as defined by Rule 2.9, Prohibited Burning, of these rules 

and regulations.

a. Fires set by or authorized by any public officer if such fire is set or permission given 

in the performance of the official duty of such officer, and such fire in the opinion of 

such officer is necessary:

1. For the purpose of the prevention of a fire or health hazard which cannot be 

abated by any other means; or,

2. For the instruction of public employees in the methods of fighting fires.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.2 – Public Officer

Rule 2.0.K – Non-Agricultural Burning

Rule 2.0.K.1 – Public Officer

b. Open fires set pursuant to an open burning permit issued by the Air Pollution 

Control as follows:

1. On property used for industrial purposes for the purpose of instructing 

employees in methods of fighting fires.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.3 – Industrial Training

Rule 2.0.K.2 – Industrial Site Fire Training

2. Agricultural operations in the growing of crops, or raising of fowls, animals and 

bees, including range, pasture and watershed improvement.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.1 – Agricultural Burning

Rule 2.0.J – Agricultural Burning

3. Burning for disease or pest prevention where there is an immediate need for and 

no reasonable alternative to burning, as determined by the Sutter or Yuba Health 

Dept. or the Sutter County Agricultural Commissioner.

a. Said determination to be in writing.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1.c – Public Officer for “disease prevention”

19
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

c. The burning of agricultural waste using equipment if the burning is performed with 

L.P. gas or natural gas fired burners designed and used to kill grasses and weeds in 

orchard and field crops.

1. Providing the growth is such that combustion will not continue without the 

burner.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

d. For the training and development of fire fighting skills of public fire fighting agency 

personnel.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1.b – Public Officer, “fire instruction”

e. As provided in Section 41806 of the California Health and Safety Code, nothing in 

these Rules and Regulations shall be construed to prohibit burning for the disposal of 

combustible or flammable solid waste developed from a single or two family dwelling 

and premises in accordance with the following:

1. Burning is to be performed on the premises.

a. The premises for a single or two family dwelling shall not be considered 

occupying more than a two (2) acre area.

2. Petroleum waste, demolition debris, tires, tar, metal salvage, wet garbage, dead 

animals, parts of animals or materials that produce offensive odors shall not be 

burned.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.5 – Residential Burning

Rule 2.0.H.2 – Exemptions to Permit Requirements

Rule 2.0.L – Residential Burning

f. As provided by Section 41807 of the California Health and Safety Code, nothing in 

these Rules and Regulations shall be construed to prohibit burning for right-of-way 

clearing by a public entity, utility or for levee and ditch maintenance.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.4 – Right-of-Way Clearing

Rule 2.0.K.5 – Right of Way, Levee, Reservoir, and Ditch Clearing

g. To abate fires pursuant to Section 41801 (e) of the California Health and Safety Code.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1 – Public Officer

h. For the production of smoke column as required by Section 2453(a) of the California 

Administrative Code when applying specified types of restricted herbicides:

20
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

1. Tires may be used for this purpose.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.8 – Pesticide Application

i. Open outdoor fires for the purpose of cooking meals for human beings and 

recreational purposes as provided by Section 41704(e) of the California Health and 

Safety Code, and open fires necessary to provide physical comfort.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.7 – Recreational

Rule 2.0.H.2 – Exemptions to Permit Requirements

j. Fires used in heating branding irons and as necessary in animal husbandry 

practices.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.9 – Animal Husbandry

2.02 APCO May Issue Burn Permit 04/12/1982 47 FR 15585

RULE 2.2 APCO MAY ISSUE BURN PERMIT (Adopted 1/89)

The Air Pollution Control Officer is empowered to issue permits for open burning and 

burning on "No-Burn" days in accordance with these regulations.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.H – Open Burning Permits

Rule 2.J.6 – Permit Invalidation on No-Burn Days – APCO discretion has not been used, is not 

used to demonstrate attainment, and is so restricted as to bring to question the real world 

scenario where we might anticipate its use. The new section is still more restrictive than the

original SIP rule.

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – The Department of Pesticide 

Regulations require the burning of empty paper containers on the day of application. When this 

is a No-burn day, these materials are authorized to burn under permit, with authorization and 

this permit is not invalidated.

2.03 Burning on "No-Burn" Days 04/12/1982 47 FR 15585

RULE 2.3 BURNING ON 'NO-BURN’ DAYS

In accordance with Section 41508 and 41854 of the California Health and Safety Code, it

shall be unlawful for anyone to use open burning on a day designated as a "No-Burn" 

day as declared by the California Air Resources Board or the Sutter County District's Air 

Pollution Control Officer except as provided by Rules 2.2 and 2.4.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

21
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Rule 2.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02. 

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – See note in 2.02

2.04 Exception to Rule 2.3 04/12/1982 47 FR 15585

RULE 2.4 EXCEPTION TO RULE 2.3

The provisions of Rule 2.3 do not apply to:

a. Open burning authorized under permit of the Sutter County District Air Pollution 

Control Officer when the burning is necessary to:

1. Prevent imminent and substantial economic loss in farming operations as 

provided by Section 41862 of the California Health and Safety Code.

a. The Air Pollution Control Officer shall comply with the provisions of the 

Sacramento Valley Air Basin Implementation Plan relative to open burning on a NoBurn day.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02. 

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – See note in 2.02

b. Open burning for the purpose of cooking meals for human beings and recreational 

purposes as provided by Section 41704(e) of the California Health and Safety Code, and 

open fires necessary to provide physical comfort.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.B.3 – Applicability

c. For the training and developing of fire fighting skills.

1. The Air Pollution Control Officer shall be notified of the time and location of any 

such fire prior to igniting the fire.

d. Back-fires that are set as necessary to save lives or valuable property pursuant to 

Section 4426 of the Public Resources Code.

e. Fires necessary to abate hazards pursuant to Section 41801(e) of the California 

Health and Safety Code.

The provisions of these rules were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.6 - Backfires

Rule 2.0.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02

Rule 2.0.K.1 – Public Officer

f. Accidental fires which occur in areas and/or material declared to be a fire hazard in 

accordance with Section 41801(a) of the Health and Safety Code and that the local fire 

agency allows to continue to burn under control in order to abate said hazard.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

22
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

g. The use of orchard or citrus grove heaters for frost protection providing the heaters 

are of the type approved by the Air Resources Board.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.10 – Frost Protection for Orchards and Citrus Groves

h. Open burning for the disposal of burnable waste developed from a single or two 

family dwelling when generally authorized, district wide, by the Air Pollution Control 

Officer.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.5 – Residential Burning

Rule 2.0.L – Residential Burning

i. Agricultural Burning as authorized by Rule 2.1(c).

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J – Agricultural Burning

j. During the period of January 1, through May 31, of each year, the Air Pollution 

Control Officer may, under permit, authorize range improvement burning provided:

1. More than 50% of the land has been brush treated.

2. If for improvement of wildlife or game habitat, the Department of Fish and Game 

may specify the amount of brush treatment required.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

k. Fires used in heating branding irons and as necessary in animal husbandry 

practices.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.9 – Animal Husbandry

2.05 Permit Regulations 10/15/1985 02/03/1987 52 FR 3226

RULE 2.5 PERMIT REGULATIONS (Adopted 1/89)

The following applies to open-burning permits:

a. No person shall knowingly set or permit an open fire for the purpose of agricultural 

burning or the burning of agricultural waste unless such person has a valid permit for 

open burning issued by the Air Pollution Control Officer or a designated agency.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.H.1 – Permit Required

23
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

b. Open burning requiring an open-burning permit shall comply with the following:

1. The applicant shall show that the proposed burn will not violate these Rules and 

Regulations.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.1 - Compliance

2. Application for open-burning permits shall be on a form approved by the Air 

Pollution Control Officer and applicable designated agency.

The provisions of this rule were reworded to remove the form approved by the Air Pollution 

Control Officer and can be found generally in Rule 2.0.H.1.a

3. Application must include the type of waste, and estimate of the amount of waste 

to be burned and the reason why the burn is necessary.

The provisions of this rule were reworded and can be found generally in Rule 2.0.H.1.a

4. The burning must be done on the day or days designated by the issuing agency 

providing said day is a burn day and the burning is in compliance with any 

restrictions or conditions imposed as a condition of the permit.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.6 – Permit Invalidation on No-Burn Days

Rule 2.0.L.3 – Burn Days

c. Open burning permits issued by designated agencies are limited to the following:

1. Agricultural burning within their service areas on burn days:

The provisions of this rule were removed. The District is the only agency issuing air quality 

open burning permits. Some fire agencies issue fire safety burn permits, but they are 

covered in their rules. All open burning conducted under a fire safety permit must still 

comply with the air quality regulation.

2. Open burning for the purpose of training in fire fighting providing the Air 

Pollution Control Officer is notified prior to igniting the fire.

The provisions of this rule were reworded and can be found generally in Rule 2.0.K.1.b

d. Other than as provided in Section "c" above, all open burning permits are to be 

issued by the Air Pollution Control Officer or his authorized representative.

The provisions of this rule were removed.

e. Prior to doing any Agricultural Burning the permittee shall receive permission to 

burn from the Air Pollution Control Office.

The following information is to be provided:

1. Amount of waste to be burned;

2. Type of waste to be burned;

24
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

3. Location of burn site;

4. Burning permit number or the name of the person who has a valid burning permit 

covering the burn.

The provisions of this rule were reworded and can be found generally in Rule 2.0.I.1. This 

information is specified in the burn permit conditions as follows:

YOU ARE REQUIRED TO LOG THE FOLLOWING INFORMATION WITH THIS OFFICE:

1. Your burn permit number 3. Acres to burn

2. Crop to burn 4. Location of burn

f. All open fires requiring a permit for open burning should be ignited by approved 

ignition devices.

The provisions of this rule are found in Rule 2.0.I.5

g. When the reported amount of agricultural waste being burned amounts to the 

burning allocation to the Air Pollution Control District, the Air Pollution Control Officer 

may deny any further burning.

The provisions of this rule were reworded and found generally in Rule 2.0.I.3 – Suspension of 

Burning Privilege and in the following new rule section.

Rule 2.0.J.2 – Burn Acres.

h. When the Air Pollution Control Officer determines that air quality may be adversely 

affected, the acreage allocation may be limited or the APCO may declare a No-Burn day.

The provisions of this rule were reworded and found generally in Rule 2.0.I.3 – Suspension of 

Burning Privilege and in the following new rule section.

Rule 2.0.J.2 – Burn Acres.

2.06 Burning Hours 04/12/1982 47 FR 15585

RULE 2.6 BURNING HOURS (Adopted 1/89)

Burning hours shall be set by the Air Pollution Control Officer with the approval of the 

Air Pollution Advisory Committee and the Fire Marshall. Fire Districts shall post copies 

of burning hours where fire permits are issued.

The provisions of this rule were reworded and found in the following new rule sections.

Rule 2.0.I.8 – Burn Hours. In regards to Rule 2.0.I.8.a, it provides the APCO discretion for 

allowing the burning of dry trees, uprooted stumps and branches greater than 6 inches 

because they do not burn out within the burn hours and attempting to extinguish such fires 

causes more PM emissions and nuisance smoke than allowing them to burn out naturally.

Rule 2.0.J.1 – Burn Hours. The District does not have power over the authority of the ARB to 

restrict or relax burn hours.

2.07 Agricultural Burning Requirement 04/12/1982 47 FR 15585

RULE 2.7 AGRICULTURAL BURNING REQUIREMENT 

25
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

In addition to complying with other stated burning regulations, no person shall 

knowingly set or permit an open fire for agricultural burning or burning of agricultural 

waste that:

a. Is not free of other wastes such as tires, rubbish, tar paper or construction 

debris;

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.7 – Prohibited Materials

b. Is not reasonably free of dirt, soil and visible soil moisture;

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.6 – Smoke Minimization

c. Is not arranged so that it will burn with a minimum of smoke;

The provisions of these rules were modified to be more stringent and can be found in the 

new rules/sections.

Rule 2.0.I.6.b

d. Has not been dried for the minimum drying periods as follows:

1. Rice Straw:

a. No spread rice straw shall be burned prior to a three (3) day drying time 

after cutting.

b. No rowed rice straw shall be burned prior to a ten (10) day drying period 

after cutting.

c. Subsections a and b above do not apply if the rice straw meets the rice 

straw dryness test just prior to burning.

d. After a rain exceeding fifteen hundredths (.15) of an inch, the rice straw 

shall not be burned until it meets the rice straw dryness test just prior to 

burning.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.7 – Rice Straw Burning

2. A minimum of thirty (30) days for trees, stumps and large branches greater 

than six (6) inches in diameter.

The provisions of these rules were modified to be more stringent and can be found in 

the new rules/sections.

Rule 2.0.I.6.a

3. Sufficient time for other agricultural waste such as orchard prunings, small 

branches, stubble, vegetable tops and seed screenings to assure rapid and 

complete combustion with a minimum of smoke.

The provisions of these rules were modified to be more stringent and can be found in 

the new rules/sections.

26
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Rule 2.0.I.6.a

4. The Air Pollution Control Officer may by permit, authorize agricultural burning 

with less drying time, as required by these Rules and Regulations if the denial of 

such permit would threaten imminent and substantial economic loss.

The provisions of this rule were removed. The removal increased the overall 

effectiveness of Regulation II as a control measure, which assisted in the attainment of 

the 2006 24-hour PM2.5 NAAQS.

e. Is ignited by a means other than with approved ignition device.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.5 – Ignition Devices

f. Does not conform with the following burning technique when burning barley, 

milo, oats, rice and wheat stubble or crop residue:

1. All such fields shall be ignited in such a manner so that the resulting fire will 

be burning directly or obliquely into the wind as is commonly referred to as backfiring; or,

2. By igniting strips into the wind; or

3. By using both back firing and strip firing techniques.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.9 – Wind Direction

Rule 2.0.J.7 – Rice Straw Burning

g. If, for any reason, it becomes likely that wastes from more than 10 percent of the 

total acreage within the district of the largest agricultural crop will be burned on any 

one day, the Control Officer shall restrict the acreage of stubble or other wastes to 

be burned under permit to that acreage allocated to the agency by the Control 

Officer.

The provisions of this rule were removed and incorporated into the program procedures of 

the Smoke Management Program as Restricted Field Days.

h. During the period of October 1 through November 15, of each year exceeds the 

daily agricultural burn acreage allotment as determined by the Sacramento Valley Air 

Basin Control Council in guidelines established prior to September 15 of each year. 

1. No field crop acreage which was harvested prior to September 10th shall be 

burned during the period of October 1st through November 15th of the harvest 

year, unless written authority is given by the Air Pollution Control Officer. In 

granting such written authority, the Air Pollution Control Officer shall do so only 

in accordance with the applicable provisions of the Sacramento Valley Air Basin 

Implementation Plan.

The provisions of this rule were removed and incorporated into the program procedures of 

the Smoke Management Program and the following rule.

Rule 2.0.J.5 – Field Crop Burn Limitation

27
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

i. Exceeds burning limitation placed on each permittee by the Air Pollution Control 

Officer in order to comply with Section “g” and “h” above.

1. The Air Pollution Control Officer shall place acreage limitations on permittees 

such as to allow as many permittees as is practical to burn on that day without 

exceeding the burning limitations.

2. Allocation of burning will be based on procedures established by the Air

Pollution Control Officer.

The provisions of this rule were removed and incorporated into the program procedures of 

the Smoke Management Program and the following rule.

Rule 2.0.J.2 – Burn Acres.

2.08 Range Improvement and Property Being Developed for Commercial or Residential 

Purposes 04/12/1982 47 FR 15585

RULE 2.8 RANGE IMPROVEMENT AND PROPERTY BEING DEVELOPED FOR 

COMMERCIAL OR RESIDENTIAL PURPOSES (Adopted 1/89)

When burning for the purpose of range improvement and disposing of wood waste from 

property being developed for commercial or residential purposes, the following applies:

The provisions of this rule were modified to be more stringent, split into two different sections 

and can be found in the new rules/sections.

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

Rule 2.0.K.3 – Land Clearing

a. All burning to be done on days which the air movement is away from the populated 

areas unless a variance is first obtained from the District Air Pollution Control Officer.

1. Burning shall be done as rapidly as practical within applicable fire control 

restrictions.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

b. If the burn is to be done primarily for improvement of land for wildlife and game 

habitat, it is required that a statement from the Department of Fish and Game, certifying 

that the burn is desirable and proper, be filed with the District in accordance with 

Section 41861, of the California Health and Safety Code.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections and the Smoke Management Plan.

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

c. In accordance with Section 41802, 41804, and 41805 of the California Health and 

Safety Code, wood waste shall be burned on the property where grown and shall be free 

of material that was not grown on the property.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.11 – Transportation of Burnable Materials

28
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

d. When burning wood waste from property being developed for commercial or 

residential purposes, the developer has the burden of proving that there is no other 

feasible and reasonable means of disposal.

1. Permits for this type of burning must be obtained from the Air Pollution Control 

Officer.

2. Under no circumstances can this type of burning be allowed on a "No-Burn" day.

The provisions of this rule regarding industrial or commercial development were removed. The 

removal increased the overall effectiveness of Regulation II as a control measure, which 

assisted in the attainment of the 2006 24-hour PM2.5 NAAQS.

The provisions of the rule for single family residential clearing are modified to be more stringent 

and found in the following section.

Rule 2.0.K.3 – Land Clearing 

e. Range improvement burning and burning of waste developed from property being 

developed for commercial or residential purposes must be "brush treated" prior to 

burning.

1. For a period of six (6) months when by herbicide desiccation and left standing.

2. For a period of thirty (30) days when felled, crushed or up rooted with mechanical 

equipment.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

The provisions of this rule regarding “brush treated” were reworded and can be found in the 

new rules/sections.

Rule 2.0.I.10 – Burning of Vines or Bushes Treated with Herbicides

2.082 Open Burning of Waste Wood on Property Where Grown 01/26/1982 47 FR 3550

RULE 2.82 OPEN BURNING OF WASTE WOOD ON PROPERTY WHERE GROWN

Notwithstanding the provisions of Rule 2.8 of these Rules, open outdoor fires for the 

purpose of disposal of unusable wood waste upon the property where it was grown may 

be authorized by the Air Pollution Control Officer under the following conditions:

a. That such burning shall comply in every respect to the requirements of the Sections 

41802 and 41804 of the California Health and Safety Code.

b. That such burning shall comply in every respect to the applicable requirement of 

Title 17, California Administrative Code, pertaining to Agricultural, Range Improvement, 

and Forest Management Burning. (except that wood waste created during commercial or 

residential land clearing may also be burned on the property where it was grown.)

The provisions of this rule were modified to be more stringent, split into three different sections 

and can be found in the new rules/sections.

Rule 2.0.J – Agricultural Burning

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

Rule 2.0.K – Non-Agricultural Burning

Rule 2.0.K.3 – Land Clearing

29
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Rule 2.0.K.7 – Multi-Unit Dwellings and Commercial Entities

Rule 2.0.L – Residential Burning

c. That a permit for such burning shall have been issued by the Air Pollution Control 

Officer in advance.

1. No such permit shall be issued unless the following conditions have been 

satisfied by the applicant.

a. Satisfactory evidence has been submitted by the applicant to prove the 

following:

1. That the proposed burn shall not create a nuisance.

2. That the proposed burn shall not significantly degrade the ambient air 

quality.

3. That the proposed burn shall not result in the risk of fire damage to nearby 

lands or structures, and shall be approved by the Fire Agency having 

jurisdiction.

4. That only approved ignition devices will be used.

b. The moisture content of the wood waste shall be low enough to insure clean 

burning.

c.

1. The wood waste shall be free of dirt, mud, and soil.

2. The wood waste shall be free of foreign materials such as tires, tar, 

plastics, demolition debris, etc.

3. The wood waste shall be stacked or piled so as to insure quick ignition 

and clean, efficient burning.

4. Unwanted trees, six inches or larger, shall be felled and dried before 

burning.

d. When the wood waste to be burned is located near a populated area the wind 

direction shall be away from the populated area burning the wood waste.

e. Brush should be treated at least six months prior to burning when economical 

and technically feasible.

f. That the burning is done only on permissive burn days as established by the 

Air Resources Board.

g. That the burn be ignited as rapidly as practicable within applicable fire control 

regulations.

2. The application for a permit to open burn wood waste shall include the following 

information:

a. The site where the burning is to occur.

b. The amount of material and duration of the burning operation. 

c. The name, address, and phone number of the person directly responsible for 

the preparation and actual burning of the wood waste.

d. The name, address, and phone number of persons owning or controlling the 

property where the wood waste is to be burned. (if different from that in (c) 

above.)

The provisions of these rules were partially removed and incorporated into the program 

procedures of the Smoke Management Program and reworded in the following rules.

Rule 2.0.H – Open Burning Permits

Rule 2.0.L.5 - Permitting

d. Should it be deemed necessary, for the preservation of acceptable air quality at the 

Air Resources Board or the Air Pollution Control Officer, quotas for the amount of wood 

30
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

waste that may be burned on any given day may be imposed. The following shall apply 

in this regard.

1. The permittee shall, prior to burning, establish from the Air Pollution Control 

District that the day’s quota will allow the open burning of his proposed amount of 

wood waste, and shall receive verbal authorization form the Air Pollution Control 

District for his proposed burn.

2. Authorization for burning on quota days shall be given on a first-come firstserved basis.

3. Any permit issued pursuant to these criteria shall be void on any quota day, 

unless approval for the proposed burn is given to the permittee by the Air Pollution 

Control District on that said quota day.

The provisions of this rule were partially removed and incorporated into the program 

procedures of the Smoke Management Program and reworded in the following rules.

Rule 2.0.J.2 – Burn Acres

Rule 2.0.J.5 – Field Crop Burn Limitation

e. Permits for the open burning of wood waste issued pursuant to the provisions of 

these criteria shall, in addition to any other required wording, include the following 

statements or other suitable, similar verbage:

“This permit is valid only on permissive burn days as established by the State Air 

Resources Board.”

The provisions of this rule were partially removed and reworded in the following rules.

Rule 2.0.J.6 – Permit Invalidation on No-Burn Days

Rule 2.0.L.3 – Burn Days

In the event that burning quota are enforced, the following wording or similar verbage

shall also be included on the Burn Permit:

“This permit is valid only on those days authorized by the Air Pollution Control District 

under open burning quota limitations."

The provisions of this rule were partially removed and reworded in the following rules.

Rule 2.0.J.2 – Burn Acres

Rule 2.0.J.5 – Field Crop Burn Limitation

f. Violation of any of the provisions of these criteria shall void any permit issued 

pursuant to these criteria.

The provisions of this rule were removed and replaced with the following rules.

Rule 2.0.I.1 - Compliance

Rule 2.0.I.3 – Suspension of Burning Privilege

2.09 Prohibited Burning 04/12/1982 47 FR 15585

RULE 2.9 PROHIBITED BURNING

Nothing in these Rules and Regulations shall be construed to permit the burning of 

tires, petroleum waste, tar or tar paper or other waste that contains these prohibited 

materials except as allowed under Rule 2.1, subsection "h".

31
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.F.1 – General Prohibitions

Rule 2.0.I.7 – Prohibited Materials

Rule 2.0.J.3 - Prohibited Materials

2.10 Exceptions 04/12/1982 47 FR 15585

RULE 2.10 EXCEPTIONS (Adopted 1/89)

It is permissible to burn empty sacks, bags, or cartons which contained fertilizer, 

pesticides or other toxic materials on a "No-Burn" day providing the sacks, bags or 

cartons are within the definition of open, outdoor fires used in agricultural operations in 

the growing of crops or raising of fowls, animals or bees.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals

2.11 Fire Prevention 04/12/1982 47 FR 15585

RULE 2.11 FIRE PREVENTION (Adopted 1/89)

Nothing in these Rules and Regulations is intended to permit open burning on days 

when such burning is prohibited by public fire protection agencies for purposes of fire 

control or prevention.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.4 – Fire Protection Agencies

2.12 Designated Agencies 04/12/1982 47 FR 15585

RULE 2.12 DESIGNATED AGENCIES (Adopted 1/89)

The following Sutter County Fire Prevention Agencies or Officials are designated to 

grant permits for burning of agricultural wastes within the boundaries of their respective 

District:

1. Walton Fire District

2. Yuba City Fire Dept.

3. Live Oak Fire Dept.

4. Meridian Fire Dept.

5. Sutter Fire Department

6. Pleasant Grove Fire Dept.

7. Oswald Tudor Fire Dept.

8. East Nicolaus Fire Dept.

9. Robbins Fire Dept.

The provisions of this rule were removed. The District is the only agency issuing air quality 

open burning permits. Some fire agencies issue fire safety burn permits but they are covered 

32
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

in their rules. All open burning conducted under a fire safety permit must still comply with the 

air quality regulation.

2.14 Reduction of Odorous Matter 09/22/1972 37 FR 19812

RULE 2.14 REDUCTION OF ODOUROUS MATTER

a. A person shall not operate or use any article, machine, equipment or other 

contrivance for the reduction of or the processing of animal matter, agricultural material, 

etc., unless all gases, vapor, and gas entrained effluents which contain odorous material 

are:

1. incinerated with adequate retention times at high temperatures to insure effective 

air pollution control:

2. processed in such a manner determined by the Air Pollution Control Officer to be 

equally, or more effective for the purpose of air pollution control than (1) above.

b. A person incinerating or processing gases, vapors or gas-entrained effluents 

pursuant to this rule shall provide, properly install and maintain in calibration, in good 

working order and in operation devices, as specified by the Air Pollution Control Officer, 

for indicating temperature, pressure or other operating conditions.

c. For the purpose of this prohibition, “reduction” is defined as any heated process, 

including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein 

concentrating.

d. The provisions of this rule shall not apply to any article, machine, equipment, or 

other contrivance used exclusively for the processing of food for human consumption.

The provisions of these rules were removed from the Open Burning regulation. Articles, 

machines, equipment, or other contrivances are regulated under the following other District 

Rules:

Rule 4.0 – General Requirements

Rule 4.1 – Permits Required

Other than agricultural vegetative growth, all other types of reduction or incineration of animal 

matter and agricultural material is now prohibited.

Rule 2.0.L.2 – Additional Requirements

2.15 Orchard and Citrus Heaters 04/12/1982 47 FR 15585

RULE 2.15 ORCHARD AND CITRUS HEATERS (Adopted 1/89)

In accordance with Section 41860 of the California Health and Safety Code, no orchard 

or citrus heater shall be used for frost protection unless it has been approved by the Air 

Resource Board or does not produce more than one gram per minute of solid 

carbonaceous material.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.10 – Frost Protection for Orchards and Citrus Groves

2.16 Cost of Putting Out a Fire 04/12/1982 47 FR 15585

RULE 2.16 COST OF PUTTING OUT A FIRE

33
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

As provided by Section 41852 of the California Health and Safety Code, any agricultural 

burning that is in violation of these Rules and Regulations is subject to being put out by 

any fire control agency when so ordered by the Air Pollution Control Officer. The cost 

of putting out the fire may be charged to the person or persons responsible for the fire.

a. This provision is in addition to any other penalties that are authorized by Section 

42400 through 42404 of the California Health and Safety Code and provisions of 

these Rules and Regulations.

The provisions of this rule can be found in the new rules/sections.

Rule 2.0.F.3 – General Prohibitions

Table Showing Rule Provisions to be Added to the SIP that are not currently in the EPA 

Approved Sutter County SIP

Rule 

Number

Provision Consistent with CAA 

Section 193 & 110(i)

2.0.A et seq Purpose Yes

2.0.B et seq Applicability Yes

2.0.C et seq Severability Yes

2.0.D et seq Effective Date Yes

2.0.E et seq Definitions Yes

2.0.F.2 General Prohibitions - Nuisance Yes

2.0.I.2 Fire Control Yes

2.0.J.9 Air Resources Board Advance Permissive-Burn Forecast Yes

2.0.K.4 Solid Waste Disposal Yes

2.0.K.6 Russian Thistle Yes

2.0.L.1 General Conditions Yes

2.0.L.4 Burn Hours Yes

34
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Exhibit C

Analysis for the Superseded SIP Rule

Yuba County - Regulation 2 – Prohibitions

35
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

(Bold is the original SIP rule)

Yuba County - Regulation 2 – Prohibitions

2.00 Open Fires 03/05/1985 04/17/1987 52 FR 12523

RULE 2.0 OPEN FIRES (Adopted 1/89)

In accordance with sections 41700 and 41800 of the California Health and Safety Code 

no person shall set or authorize the setting of open fires except as authorized by these 

Rules and Regulations.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.F. – General Prohibitions

2.01 Exceptions to Rule 2.0 03/05/1985 04/17/1987 52 FR 12523

RULE 2.1 EXCEPTIONS TO RULE 2.0

In accordance with sections 41801 and 41851 of the California Health and Safety Code 

the provisions of Rule 2.0, Open Fires does not apply to the following providing there 

are no prohibited materials burned as defined by Rule 2.9, Prohibited Burning, of these 

rules and regulations.

a. Fires set by or authorized by any public officer if such fire is set or permission given 

in the performance of the official duty of such officer, and such fire in the opinion of 

such officer is necessary:

1) For the purpose of the prevention of a fire or health hazard which cannot be 

abated by any other means; or,

2) For the instruction of public employees in the methods of fighting fires.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.2 – Public Officer

Rule 2.0.K – Non-Agricultural Burning

Rule 2.0.K.1 – Public Officer

b. Open fires set pursuant to an open burning permit issued by the Air Pollution 

Control as follows:

1) On property used for industrial purposes for the purpose of instructing 

employees in methods of fighting fires.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.3 – Industrial Training

Rule 2.0.K.2 – Industrial Site Fire Training

2) Agricultural operations in the growing of crops, or raising of fowls, animals and 

bees, including range, pasture and watershed improvement.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.1 – Agricultural Burning

36
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Rule 2.0.J – Agricultural Burning

3) Wood waste free of prohibited materials and in accordance with permit 

conditions.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.1 – Agricultural Burning

Rule 2.0.J.3 – Prohibited Materials

4) Burning for disease or pest prevention where there is an immediate need for and 

no reasonable alternative to burning, as determined by the Yuba County Health 

Department or the Yuba County Agricultural Commissioner.

a) Said determination must be in writing.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1.c – Public Officer for “disease prevention”

c. The burning of agricultural waste using equipment if the burning is performed with 

L.P. gas or natural gas fired burners designed and used to kill grasses and weeds in 

orchard and field crops.

1) Providing the growth is such that combustion will not continue without the 

burner.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

d. For the training and development of fire fighting skills of public fire fighting agency 

personnel.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1.b – Public Officer, “fire instruction”

e. As provided in Section 41806 of the California Health and Safety Code, nothing in 

these Rules and Regulations shall be construed to prohibit burning for the disposal of 

combustible or flammable solid waste developed from a single or two family dwelling 

and premises in accordance with the following:

1) Burning is to be performed on the premises.

a) The premises for a single or two family dwelling shall not be considered 

occupying more than a two (2) acre area.

2) Waste to be burned shall not contain petroleum products, demolition debris, 

tires, tar, metal salvage, wet garbage, dead animals, parts of animals, materials 

containing prohibited materials or materials that produce offensive odors when 

burned.

3) Burning to be on "burn-days" and during burning hours as determined by the Air 

Pollution Control Officer.

37
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.5 – Residential Burning

Rule 2.0.H.2 – Exemptions to Permit Requirements

Rule 2.0.L – Residential Burning

f. As provided by Section 41807 of the California Health and Safety Code, nothing in 

these Rules and Regulations shall be construed to prohibit burning for right-of-way 

clearing by a public entity, utility or for levee and ditch maintenance.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.4 – Right-of-Way Clearing

Rule 2.0.K.5 – Right of Way, Levee, Reservoir, and Ditch Clearing

g. To abate fires pursuant to Section 41801 (e) of the California Health and Safety Code.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.K.1 – Public Officer

h. For the production of smoke column as required by Section 2453 (a) of the California 

Administrative Code when applying specified types of restricted herbicides:

1) Tires may be used for this purpose.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.8 – Pesticide Application

i. Open outdoor fires for the purpose of cooking meals for human beings and 

recreational purposes as provided by Section 41704(e) of the California Health and 

Safety Code, and open fires necessary to provide physical comfort.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.7 – Recreational

Rule 2.0.H.2 – Exemptions to Permit Requirements

j. Fires used in heating branding irons and as necessary in animal husbandry 

practices.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.9 – Animal Husbandry

2.02 APCO May Issue Burn Permit 01/26/1982 47 FR 3550

RULE 2.2 AIR POLLUTION CONTROL OFFICER MAY ISSUE BURN PERMIT (Adopted 

1/89)

The Air Pollution Control Officer is empowered to issue permits for open burning and 

burning on 'no-burn' days in accordance with these regulations.

38
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.H – Open Burning Permits

Rule 2.J.6 – Permit Invalidation on No-Burn Days – APCO discretion has not been used, is not 

used to demonstrate attainment, and is so restricted as to bring to question the real world 

scenario where we might anticipate its use. The new section is still more restrictive than the 

original SIP rule.

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – The Department of Pesticide 

Regulations require the burning of empty paper containers on the day of application. When this 

is a No-burn day, these materials are authorized to burn under permit, with authorization and 

this permit is not invalidated. 

2.03 Burning on "No-Burn" Days 03/05/1985 04/17/1987 52 FR 12523

RULE 2.3 BURNING ON 'NO BURN' DAYS (Adopted 1/89)

In accordance with Sections 41508 and 41584 of the California Health and Safety Code, it 

shall be unlawful for anyone to use open burning on a day designated as a 'no-burn' day 

as declared by the California Air Resources Board or the Yuba County Districts’s Air 

Pollution Control Officer except as provided by Rules 2.1e, 2.2, 2.4 and 2.10.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02. 

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – See note in 2.02 

2.04 Exceptions to Rule 2.30 4/12/1982 47 FR 15585

RULE 2.4 EXCEPTION TO RULE 2.3 (Adopted 1/89)

The provisions of Rule 2.3 do not apply to:

a. Open Burning authorized under permit of the Yuba County District Air Pollution 

Control Officer when the burning is necessary to:

1) Prevent imminent and substantial economic loss in farming operations as 

provided by Section 4l862 of the California Health and Safety Code.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02. 

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals – See note in 2.02

b. Open burning for the purpose of cooking meals for human beings, recreational 

purposes and/or providing physical comfort as provided by Section 41704 (e) of the 

California Health and Safety Code

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.B.3 – Applicability

c. For the training and developing of fire fighting skills.

d. Back-fires that are set as necessary to save lives or valuable property pursuant to 

Section 4426 of the Public Resources Code.

39
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

e. Fires necessary to abate hazards pursuant to Section 41801 (e) of the California 

Health and Safety Code.

The provisions of these rules were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.6 - Backfires

Rule 2.0.J.6 – Permit Invalidation on No-Burn Days – See note in 2.02

Rule 2.0.K.1 – Public Officer

f. Accidental fires that, in the opinion of and under the control of a fire agency, it is 

more expedient and beneficial to allow the fire to continue under control rather than 

extinguish it. 

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

g. The use of orchard or citrus grove heaters for frost protection.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.10 – Frost Protection for Orchards and Citrus Groves

h. All burning above the inversion layer elevation providing the burning is otherwise in 

compliance with these Rules and Regulations.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

2.05 Permit Regulations 03/05/1985 04/17/1987 52 FR 12523

RULE 2.5 PERMIT REGULATIONS (Adopted 1/89) 

The following applies to open-burning permits:

a. No person shall knowingly set or permit an open fire for the purpose of agricultural 

burning or the burning of agricultural waste unless such person has a valid permit for 

open burning issued by the Air Pollution Control Officer or a Fire Service agency.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.H.1 – Permit Required

b. Open burning requiring an open-burning permit shall comply with the following:

1) The applicant shall show that the proposed burn will not violate these Rules and 

Regulations.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.1 - Compliance

40
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

2) Application or open-burning permits shall be on a form approved by the Air 

Pollution Control Officer and applicable Forest Service agency.

The provisions of this rule were reworded to remove the form approved by the Air Pollution 

Control Officer and can be found generally in Rule 2.0.H.1.a

3) Application must include the type of waste, and estimate of the amount of waste 

to be burned and the reason why the burn is necessary.

The provisions of this rule were reworded and can be found generally in Rule 2.0.H.1.a

4) The burning must be done on the day or days designated by the issuing agency 

providing said day is a burn day and the burning is in compliance with any 

restrictions or conditions imposed as a condition of the permit.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.6 – Permit Invalidation on No-Burn Days

Rule 2.0.L.3 – Burn Days

c. Open burning permits issued by Fire Control agencies for air pollution control 

purposes are limited to the following:

1) Agricultural burning within their service areas on burn days;

The provisions of this rule were removed. The District is the only agency issuing air quality 

open burning permits. Some fire agencies issue fire safety burn permits, but they are 

covered in their rules. All open burning conducted under a fire safety permit must still 

comply with the air quality regulation.

2) Open burning for the purpose of training in fire fighting providing the Air 

Pollution Control Officer is notified prior to igniting the fire.

The provisions of this rule were reworded and can be found generally in Rule 2.0.K.1.b

d. Other than as provided in Section 'c' above, all open burning permits are to be 

issued by the Air Pollution Control Officer or his authorized representative.

The provisions of this rule were removed.

e. Prior to doing any Agricultural Burning the permittee must first call the Air Pollution 

Control Office and obtain an Agricultural Burning Allocation. If no allocations are 

available it is a no-burn day for that permittee.

1) On weekend and holidays call the Burn-Day Information recording. If it states 

that it is an agricultural burn day then proceed with desired burn. Then on the first 

work day of the Air Pollution Control Office, call and report to same what burning 

took place.

2) If recording states its a no-burn day for agriculture then no agricultural burning is 

allowed.

3) When requesting a burning allocation or reporting acreage burned provide the 

following information:

a) Amount of waste or acreage.

41
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

b) Type of crop to be burned.

c) Location of burn site.

d) Burning permit number or name of permittee.

The provisions of this rule were reworded and can be found generally in Rule 2.0.I.1. This 

information is specified in the burn permit conditions as follows:

YOU ARE REQUIRED TO LOG THE FOLLOWING INFORMATION WITH THIS OFFICE:

1. Your burn permit number 3. Acres to burn

2. Crop to burn 4. Location of burn

f. All open fires requiring a permit for open burning should be ignited by approved 

ignition devices.

The provisions of this rule are found in Rule 2.0.I.5

g. When the reported amount of agricultural waste being burned amounts to the 

burning quota as provided by Rule 2.7 (g), the Air Pollution Control Officer may deny 

any further burning.

The provisions of this rule were reworded and found generally in Rule 2.0.I.3 – Suspension of 

Burning Privilege and in the following new rule section.

Rule 2.0.J.2 – Burn Acres.

2.06 Burning Hours 03/05/1985 04/17/1987 52 FR 12523

RULE 2.6 BURNING HOURS (Adopted 1/89)

Burning hours for the Yuba County Air Pollution Control District are as follows:

a. Agricultural Burning:

1) From September 15th to November 30th, 10:00 a.m. to 3:00 p.m.

2) All other times of the year from 10:00 a.m. to 5:00 p.m.

b. All other open burning from 9:00 a.m. to 3:00 p.m.

The provisions of this rule were reworded and found in the following new rule sections.

Rule 2.0.I.8 – Designated Burn Hours. In regards to Rule 2.0.I.8.a, it provides the APCO 

discretion for allowing the burning of dry trees, uprooted stumps and branches greater than 6 

inches because they do not burn out within the burn hours and attempting to extinguish such 

fires causes more PM emissions and nuisance smoke than allowing them to burn out naturally.

Rule 2.0.J.1 – Burn Hours. The District does not have power over the authority of the ARB to 

restrict or relax burn hours.

c. The following conditions and exceptions apply to all open burning except as 

otherwise authorized elsewhere in these Rules and Regulations:

1) No open fire shall be ignited before or after applicable burning hours.

The provisions of this rule were reworded and found in the following new rule section.

Rule 2.0.J.1 – Burn Hours. The District does not have power over the authority of the ARB 

to restrict or relax burn hours.

2) Unless otherwise restricted by these Rules and Regulations existing fires with 

existing fuel may be allowed to continue after burning hours unless:

42
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

a) Creates a public nuisance as determined by the Air Pollution Control Officer.

b) Threatens the public health, safety and welfare as determined by the Air 

Pollution Control Officer, public fire agency, or Yuba County Health Officer.

The provisions of this rule were reworded and found in the following new rule section.

Rule 2.0.I.8 – Designated Burn Hours. See note in 2.06. The APCO does not approve 

ignitions if the burning is anticipated to cause a public nuisance or threaten public health, 

safety, or welfare.

3) When within the areas of the District that are under the jurisdiction of the 

California State Division of Forestry or the United States Forest Service the following 

applies:

a) open burning shall be done in accordance with the regulations or orders of 

said agencies relative to burning hours and other fire control requirements.

b) During the period of time that said agencies do not impose burn-hour 

regulations, all burning is to be in compliance with Yuba County Air Pollution 

Control District Rules and Regulations.

The provisions of this rule were reworded and found in the following new rule section.

Rule 2.0.L.4 – Burn Hours. 

c) Within Forest service areas that are primarily agricultural and contiguous with 

farming operations in the valley floor, agricultural burning shall be in compliance 

with Yuba County Air Pollution Control District Rules and Regulations.

The provisions of this rule were removed. All agricultural burning must comply with Rule 

2.0.J – Agricultural Burning

4) In the burning of orchard removals and orchard prunings, once a good base fire 

has been established in accordance with these rules and regulations, additional fuel 

may continue to be added until the burning operation is complete or until 10:00 p.m. 

which ever occurs first.

a) The existing burning fuel may then be allowed to continue burning to its 

completion. 

The provisions of this rule were reworded and found in the following new rule section.

Rule 2.0.I.8 – Designated Burn Hours. See note in 2.06.

5) Open fires authorized and under permit of the Air Pollution Control Officer when 

said Officer determines that it is necessary for the protection of the public health, 

safety and welfare to allow burning at other times.

a) Must have statement from the Yuba County Health Officer or the Yuba County 

Fire Agency having geographic jurisdiction attesting to the need for such 

burning.

The provisions of this rule were removed. 

2.07 Agricultural Burning Requirements 03/05/1985 04/17/1987 52 FR 12523

RULE 2.7 AGRICULTURAL BURNING REQUIREMENT (Adopted 1/89)

43
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

In addition to complying with other stated burning regulations, no person shall 

knowingly set or permit an open fire for agricultural burning or burning of agricultural 

waste that:

a. Is not free of other wastes such as tires, rubbish, tar paper or construction debris;

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.7 – Prohibited Materials

b. Is not reasonably free of dirt, soil and visible soil moisture;

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.6 – Smoke Minimization

c. Is not arranged so that it will burn with a minimum of smoke;

The provisions of these rules were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.6.b

d. Has not been dried for the minimum drying periods as follows:

1) Rice straw:

a) No spread rice straw shall be burned prior to a three (3) day drying time after 

cutting.

b) No rowed rice straw shall be burned prior to a ten (10) day drying period after 

cutting.

c) Items a) and b) above do not apply if the rice straw meets the rice straw 

dryness test just prior to burning.

d) After a rain exceeding fifteen hundredths (.15) of an inch, the rice straw shall 

not be burned until it meets the rice straw dryness test just prior to burning.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.7 – Rice Straw Burning

2) A minimum of thirty (30) days for trees, stumps, and large branches greater than 

six (6) inches in diameter.

The provisions of these rules were modified to be more stringent and can be found in the 

new rules/sections.

Rule 2.0.I.6.a

3) Sufficient time for other agricultural waste such as orchard prunings, small 

branches, stubble, vegetable tops and seed screenings to assure rapid and complete 

combustion with a minimum of smoke.

The provisions of these rules were modified to be more stringent and can be found in the 

new rules/sections.

Rule 2.0.I.6.a

44
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

4) The Air Pollution Control Officer may by permit, authorize agricultural burning 

with less drying time, as required by these Rules and Regulations if the denial of

such permit would threaten imminent and substantial economic loss.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

e. Is ignited by a means other than with approved ignition device.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.5 – Ignition Devices

f. Does not conform with the following burning technique when burning barley, milo, 

oats, rice and wheat stubble or crop residue:

1) All such fields shall be ignited in such a manner so that the resulting fire will be 

burning directly or obliquely into the wind as is commonly referred to as back-firing; 

or,

2) By igniting strips into the wind; or

3) By using both back firing and strip firing techniques.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.9 – Wind Direction

Rule 2.0.J.7 – Rice Straw Burning

g. At anytime causes the aggregate of the acreage of all crops burned in the district on 

any single day to exceed the daily Agricultural Burning Allotment. Agricultural Burning 

Allotment is determined by the Sacramento Valley Air Basin Control Council according 

to guidelines they establish on a yearly basis.

1) Agricultural Burning Allotments will be awarded on a first come basis except 

during the Fall Agricultural Burning Program when that program shall be followed.

2) Agricultural Burning Allotments are valid only on the day issued.

The provisions of this rule were removed and incorporated into the program procedures of the 

Smoke Management Program and the following rule.

Rule 2.0.J.5 – Field Crop Burn Limitation

h. Is in conflict with or in violation of written procedures for issuance of Agricultural 

Burning Allotments during the Fall Agricultural Burning Program, as developed by the 

District Air Pollution Control Officer and adopted by the District Air Pollution Control 

Board.

1) Issuance of daily agricultural burning allotments shall be covered by these 

procedures.

2) Copies of these procedures shall be made available, upon request, to holders of 

agricultural burning permits.

The provisions of this rule were removed and incorporated into the program procedures of the 

Smoke Management Program and the following rule.

Rule 2.0.J.5 – Field Crop Burn Limitation

45
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

i. Exceeds agricultural burning allotments given to each permittee by the Air Pollution 

Control Officer, in order to comply with sections "g" and "h" above.

The provisions of this rule were removed and incorporated into the program procedures of the 

Smoke Management Program and the following rule.

Rule 2.0.J.2 – Burn Acres.

j. Has not been issued an agricultural burning allotment except as authorized by Rule 

2.5(e).

1) No field crop acreage which was harvested prior to September 10th shall be 

burned during the Fall Agricultural Burning Program except as authorized by said 

program.

2) No non-agricultural burning will be authorized during the Fall Agricultural 

Burning Program unless all burning allocations for the day have not been used.

The provisions of this rule were removed and incorporated into the program procedures of the 

Smoke Management Program and the following rule.

Rule 2.0.J.5 – Field Crop Burn Limitation

2.08 Forest Management, Range Improvement and Property Being Developed for Commercial 

or Residential Purposes 01/26/1982 47 FR 3550

RULE 2.8 FOREST MANAGEMENT, RANGE IMPROVEMENT AND PROPERTY BEING

 DEVELOPED FOR COMMERCIAL OR RESIDENTIAL PURPOSES 

When burning for the purpose of Forest Management, Range Improvement and 

disposing of wood waste from property being developed for commercial or residential 

purposes, the following applies:

The provisions of this rule were modified to be more stringent, split into two different sections 

and can be found in the new rules/sections.

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

Rule 2.0.K.3 – Land Clearing

a. All burning to be done in days which the air movement is away from populated areas 

unless a variance is first obtained from the district Air Pollution Control Office.

1) Burning shall be done as rapidly as practical within applicable fire control 

restrictions.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

b. If the burn is to be done primarily for improvement of land for wildlife and game 

habitat, it is required that a statement from the Department of Fish and Game certifying 

that the burn is desirable and proper, be filed with the district in accordance with 

Section 41861 of the California Health and Safety Code.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections and the Smoke Management Plan.

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

46
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

c. When burning for the purpose of Forest Management, the waste to be burned must 

be wind-rowed or piled where feasible unless good silviculture practices dictate 

otherwise.

The provisions of this rule were reworded and can be found in the Smoke Management Plan 

and the new rules:

Rule 2.0.J.8 – Wildland Vegetation and Forest Management Burning

d. In accordance with Section 41802, 41804, and 41805 of the California Health and 

Safety Code, wood waste shall be burned on the property where grown and shall be free 

of material that was not grown on the property.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.I.11 – Transportation of Burnable Materials

e. When burning wood waste from property being developed for commercial or 

residential purposes, the developer has the burden of proving that there is no other 

feasible and reasonable means of disposal.

1) Permits for this type of burning must be obtained from the Air Pollution Control 

Officer.

2) Under no circumstances can this type of burning be allowed on a 'no-burn' day.

3) The authority to issue permits for this purpose expires on January 1, 1980.

The provisions of this rule regarding industrial or commercial development were removed. The 

removal increased the overall effectiveness of Regulation II as a control measure, which 

assisted in the attainment of the 2006 24-hour PM2.5 NAAQS.

The provisions of the rule for single family residential clearing are modified to be more stringent 

and found in the following section.

Rule 2.0.K.3 – Land Clearing

2.09 Prohibited Burning 03/05/1985 04/17/1987 52 FR 12523

RULE 2.9 PROHIBITED BURNING

In accordance with Section 41800 of the California Health and Safety Code, nothing in 

these Rules and Regulations shall be construed to permit the burning of tires, petroleum 

waste, tar or tar paper or other waste that contains these prohibited materials except as 

allowed under Rule 2.1, sub-section “h”.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.F.1 – General Prohibitions

Rule 2.0.I.7 – Prohibited Materials

Rule 2.0.J.3 - Prohibited Materials

2.10 Exceptions 01/26/1982 47 FR 3550

RULE 2.10 EXCEPTIONS

47
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

a. The burning of agricultural waste is exempt from the provisions of Rule 2.5 “Permit 

Regulations” if the burning is performed with L.P. gas or natural gas-fired burners 

designed and used to kill seedling grasses and weeds in orchards and field crops.

1. Providing the growth is such that combustion will not continue without the 

burner.

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

b. Agricultural waste which is located and produced above 3,000 feet mean sea level is 

exempt from these Rules and Regulations;

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

c. Agricultural burning which is located and produced above 6,000 feet mean sea level 

is exempt from these Rules and Regulations;

The provisions of this rule were removed. The removal increased the overall effectiveness of 

Regulation II as a control measure, which assisted in the attainment of the 2006 24-hour PM2.5 

NAAQS.

d. It is permissible to burn empty sacks, bags or cartons which contained fertilizer, 

pesticides or other toxic materials on a 'no-burn' day providing the sacks, bags, or 

cartons are within the definition of open, outdoor fires used in agricultural operations in 

the growing of crops or raising of fowls, animals or bees.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.J.4 – Paper Containers of Agricultural Chemicals

2.11 Fire Prevention 03/05/1985 04/17/1987 52 FR 12523

RULE 2.11 FIRE PREVENTION

The Air Pollution Control Officer may designate any day a 'no-burn' day for the purpose 

of fire control or fire prevention when such request to do so comes from a public fire 

protection agency. However such request does not mandate the Air Pollution Control 

Officer to do so.

a. This rule shall not be construed to override the authority of a fire control agency 

to prohibit open burning within the area of their jurisdiction whenever they deem it 

necessary.

The provisions of this rule were reworded and can be found in the new rules/sections.

Rule 2.0.I.4 – Fire Protection Agencies

2.12 Designated Agencies 01/26/1982 47 FR 3550

RULE 2.12 DESIGNATED AGENCIES

48
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

In addition to the Air Pollution Control Officer the following agencies have been 

designated and authorized to grant permits for open burning in accordance with these 

Rules and Regulations and Section 41853 of the California Health and Safety Code 

pursuant to their areas of jurisdiction. 

a. Marysville Fire Department;

b. Linda Fire Department;

c. Olivehurst Fire Department;

d. Plumas-Brophy Fire Department;

e. California State Division of Forestry.

The provisions of this rule were removed. The District is the only agency issuing air quality 

open burning permits. Some fire agencies issue fire safety burn permits but they are covered 

in their rules. All open burning conducted under a fire safety permit must still comply with the 

air quality regulation.

2.14 Pressure Tank 09/22/1972 37 FR 19812

RULE 2.14 PRESSURE TANK

A “pressure tank” is a tank which maintains working pressure sufficient at all times to 

prevent hydrocarbon vapor or gas loss to the atmosphere.

The provisions of this rule were removed from the Open Burning regulation. Articles, machines, 

equipment, or other contrivances are regulated under the following other District Rules:

Rule 4.0 – General Requirements

Rule 4.1 – Permits Required

2.15 Orchard and Cirus Heaters 01/26/1982 47 FR 3550

RULE 2.15 ORCHARD AND CITRUS HEATERS (Adopted 1/89)

In accordance with Section 41860 of the California Health and Safety Code, no orchard 

or citrus heater shall be used for frost protection unless it has been approved by the Air 

Resources Board or does not produce more than one gram per minute of solid 

carbonaceous material.

The provisions of this rule were modified to be more stringent and can be found in the new 

rules/sections.

Rule 2.0.G.10 – Frost Protection for Orchards and Citrus Groves

2.16 Cost of Putting Out a Fire 03/05/1985 04/17/1987 52 FR 12523

RULE 2.16 COST OF PUTTING OUT A FIRE (Adopted 1/89)

As provided by Section 41852 of the California Health and Safety Code, any agricultural 

burning that is in violation of these Rules and Regulations is subject to being put out by 

any fire control agency when so ordered by the Air Pollution Control Officer. The cost 

of putting out the fire may be charged to the person, persons, business, firm or 

corporation responsible for the fire.

a. This provision is in addition to any other penalties that are authorized by Section 

42400 through 42404 of the California Health and Safety Code and provisions of these 

Rules and Regulations.

49
Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

The provisions of this rule can be found in the new rules/sections.

Rule 2.0.F.3 – General Prohibitions

Table Showing Rule Provisions to be Added to the SIP that are not currently in the EPA 

Approved Yuba County SIP

Rule 

Number

Provision Consistent with CAA 

Section 193 & 110(i)

2.0.A et seq Purpose Yes

2.0.B et seq Applicability Yes

2.0.C et seq Severability Yes

2.0.D et seq Effective Date Yes

2.0.E et seq Definitions Yes

2.0.F.2 General Prohibitions - Nuisance Yes

2.0.I.2 Fire Control Yes

2.0.I.10 Burning of Vines or Brushes Treated with herbicides yes

2.0.J.9 Air Resources Board Advance Permissive-Burn Forecast Yes

2.0.K.4 Solid Waste Disposal Yes

2.0.K.6 Russian Thistle Yes

2.0.K.7 Multi-Unit Dwellings and Commercial Entities Yes

2.0.L.1 General Conditions Yes

2.0.L.2 Additional Requirements Yes

2.0.L.5 Permitting Yes

50