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 Re gulation 2

– Prohibitions with Regulation

2

- Open Burning ” with “ Regulation II

– Open Burning ” (Exhibit A)

.

The Sutter County regulation s and the Yuba County regulations were locally merged into R egulation II

and amended in March, 2004 when the District included the provisions of the California Air borne Toxic Control Measure for Residential Burning [CCR title 17, Section 93113]

. Th e Regulation was amended again in October, 2008 to provide clarification on pesticide paper sack burning and fix administrati ve 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 Regul ation 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 com mercial 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 ignition s 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 D istrict 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 threa ten 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

1Feather 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 a ir 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 reside ntial 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 Table s 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

2Feather 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

3Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

4Feather River Air Quality Management District CAA Section 110(l) and 193 for Rule 2.0

Exhibit A

Regulation II

– Open Burning

5Feather 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 l and 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 bu rning

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, subse ction, 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 dise ase 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).

6Feather 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 mana gement 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 i s 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 instrum ent 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 mater ials. 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 dispos al.

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 fi re, 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 materia ls 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, durin g 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 sectio ns 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 mean s 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 mat erial capable of emitting air

7Feather 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 pa per 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, o n 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 t he 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 Comp any, 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

treat ed 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; appliance s; 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 tw o 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 amoun ts of ditches, field stubble or spot burning will be permitted if such burning will not adversely affect downwind air quality.

8Feather 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 accord ance 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 cult ivated (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 p ursuant 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 provide d 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 sourc e 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 t o 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.

9Feather 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 Tr aining : 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 uti lity 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 vege tative 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 aga inst 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 Re sources Board has approved it.

10Feather 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

p rohibited.

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 age ncy 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 issue d 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 reason ably 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 igni ted with an approved ignition device.

11Feather 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) day s 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 p lace.

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 hour s 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 Win d 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 nearby

populated 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 t o 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.

12Feather 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 Sacrament o 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 Disp osal. 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 sus ceptible 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 aer ial, 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 No

Burn 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 pr oviding 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 immin ent 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 declar ed

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 st atement that provides the reasons

13Feather 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 Bu rning: 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 fr ost 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 mo isture, 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 w here 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, regardle ss 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.

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

J.9 Air Resources Board Advance Permissive

- Burn Forecast: Upo n 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 sh all 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 asbesto s. 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) Burnin g 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 burni ng 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.

15Feather 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 Clea ring 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 disp osal 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,

Condition s, 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" an d 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 disposa l 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 Satur day 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.

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

(a) Alternate burn hours may be set for State Responsi bility 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.

17Feather 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

18Feather 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 o fficial 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 meth ods 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 str ingent and can be found in the new

rules/sections.

Rule 2.0.K.1.c

– Public Officer for “disease prevention”

19Feather 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 cont rol 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 conside red 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 restri cted herbicides:

20Feather 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 foun d 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 Inv alidation 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 provision s of this rule were modified to be more stringent and can be found in the new

rules/sections.

21Feather 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 Exceptio n 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 Implementa tion Plan relative to open burning on a No

Burn 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 Cont ainers 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 p hysical 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 rule s 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

.

22Feather 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 c an 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 P ollution 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 pe rmit, 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 provision s 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 pro visions 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

23Feather 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 i n 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 provi sions 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 wast e to be burned;

24Feather 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 specif ied 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

Bur ning 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 section s

. 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

25Feather 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 w astes 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 f ifteen 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 m ore stringent and can be found in

the new rules/sections.

26Feather 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 tech nique 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

– Ric e 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 Day s.

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 writte n 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

27Feather 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 Pollut ion 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 V egetation 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 20 06 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 proper ty.

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

28Feather 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 pur poses, 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 2 4

- 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 root ed 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 th e 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

29Feather 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. Tha t 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 b e 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, an d 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 i nches 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 m onths 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 rule s were partially removed and incorporated into the program procedures of the Smoke Management Program and reworded in the following rule s

. Rule 2.0. H

– Open Burning Permits

Rule 2.0.L.5

- Permitting

d. Should i t 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

30Feather 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 Cont rol District for his proposed burn.

2. Authorization for burning on quota days shall be given on a first

- come first

served 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 pro visions 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 prov isions 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 e vent 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".

31Feather 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.

R ule 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 stringen t 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

32Feather 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 permi t 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

- entraine d 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 condit ions.

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 rule s were removed from the Open Burning regulation. Articles, machines, equipment, or other contrivances are regulated un der 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 ne w 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

33Feather 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

34Feather 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

– Prohi bitions

35Feather 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 pe rmit 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 provisi ons 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

36Feather 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 we eds 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

r ules/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 f lammable 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 tha n 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 odor s when

burned. 3) Burning to be on "burn

- days" and during burning hours as determined by the Air

Pollution Control Officer.

37Feather 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

– Resident ial 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 W ay, 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 mod ified 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 r egulations.

38Feather 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 dem onstrate 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

– T he 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 da y 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 string ent 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 ph ysical 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 develop ing 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.

39Feather 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 Sa fety Code.

The provisions of these rule s 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. Accide ntal 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.

Th e 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

RU LE 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 per mit 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/sect ions.

Rule 2.0.I.1

- Compliance

40Feather 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 an d 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 agenc ies 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 Ai r 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 Ai r 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 Allocatio n. 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 bur ning allocation or reporting acreage burned provide the following information: a) Amount of waste or acreage.

41Feather 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 15t h 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 ex tinguish 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 condition s 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 follo wing 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 allowe d to continue after burning hours unless:

42Feather 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 nuisa nce 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 do ne 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 Yu ba 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 contiguo us 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 comple te 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 04/17/19 87 52 FR 12523

RULE 2.7 AGRICULTURAL BURNING REQUIREMENT (Adopted 1/89)

43Feather 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;

T he 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 t hree (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/secti ons.
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/sect ions.

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

44Feather 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 ref erred 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 D irection

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 gui delines 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 pro cedures 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 burn ing 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

45Feather 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.

Th e 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 Lim itation

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 RESID ENTIAL 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 i ncreased 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 st ringent 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

46Feather 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 P lan

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 fre e 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

r emoval 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 fou nd 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 mor e 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

47Feather 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. A gricultural 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, w hich 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 incr eased 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 materi als 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 mor e 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 Prot ection Agencies

2.12 Designated Agencies 01/26/1982 47 FR 3550

RULE 2.12 DESIGNATED AGENCIES

48Feather 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 i s 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 fro m 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 no t 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 Regulatio ns 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 provisi on 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.

49Feather 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