SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

Sections highlighted were not adopted on Mm 3. 2013 and are scheduled

to be heard at the June 7. 2013 Governing Board meeting

(Adopted October 8. 1976)(Amended October 2, 1981)

(Amended October 2. 1987)(Amended December 21, 2001)

(Amended November 7. 2008)(Amended May 3. 2013)

RULE 444. OPEN BURNING

(a) Purpose

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

manner that minimizes emissions and impacts, and that smoke is managed

consistent with state and federal law in order to protect public health and safety.

(b) Applicability

The provisions of this rule shall apply to any person conducting or allowing any

open burning including, but not limited to:

(I) Agricultural burning

(2) Disposal of Russian thistle (Salsola kali or tumbleweed”)

(3) Prescribed burning

(4) F ire prevention/suppression training

(5) Open detonation or use of pyrotechnics

(6) Fire hazard removal

(7) Disposal of infectious waste, other than hospital waste

(8) Research oftesting materials, equipment or techniques

(9) Disposal of contraband

(10) Residential burning

GU Beach butning

(c) Definitions

(1) AGRICULTURAL BURNING means open burning of egetative

materials produced wholly from the groving and harvesting of crops in

agricultural operations, including the burning of grass and weeds in fence

rows, ditch banks and berms in non-tillage orchard operations. fields being

prepared for cultivation, agricultural wastes, and the operation or

maintenance of a system for the delivery of water for agricultural

operations.

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Rule 444 (Cont.) (Amended May 3, 2013)

(2) AGRICULTURAL OPERATIONS means any business occurring on a

ranch or farm directly related to:

(A) Growing of crops

(B) Raising of fowl or other animals for the primary purpose of

making a profit or for a livelihood

(C) Conducting agricultural research or instruction by an educational

institution

(3) AGRICULTURAL WASTES means unwanted or unsalable materials

produced wholly from agricultural operations directly related to the

growing of crops or raising of animals for the primary purpose of making

a profit or for a livelihood. Agricultural wastes do not include items such

as plastic, rubber, ornamental or landscape vegetation, chemically treated

wood, shop wastes, construction and demolition material, material

containing asbestos, garbage, oil filters, tires, tar paper, pesticide and

fertilizer containers, broken boxes, pallets, sweat boxes, packaging

material, packing boxes or any other material produced in the packaging

or processing of agricultural products. Orchard or vineyard waste or any

other material, generated as a result of land use conversion to

nonagricultural purposes is not agricultural waste.

(4) AIR QUALITY INDEX (AQI) is a value established by the federal

Environmental Protection Agency (EPA) to measure the level ofthe major

air pollutants regulated by the Clean Air Act. The values range from 0 to

500 and are divided into six categories; higher values indicate greater

levels of pollution and greater associated health concerns. The following

summarizes the AQI:

(A) 50 or below is Good

(B) 5 1 through 100 is Moderate

(C) 101 through 150 is Unhealthy for Sensitive Groups

(D) 151 through 200 is Unhealthy

(E) 201 through 300 is Very Unhealthy

(F) Over 300 is Hazardous

(5) APPROVED IGNITION DEVICES means those instruments or materials

that will ignite agricultural waste without the production of black smoke.

This would include such devices using liquid petroleum gas, butane,

propane, or diesel oil burners and flares where the device produces a flame

and the flame is then used for ignition.

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Rule 444 (Cont.) (Amended May 3, 2013)

(6) APPROVED IGNITION FUELS means pipeline quality natural gas,

liquefied petroleum gas, or a petroleum liquid having an API gravity of at

least 30.

(7) BEACH BURNING means any recreational. ceremonial or open burning

conducted in any public coastal area, marked by an accumulation of sand.

stone. or gravel that has been deposited by the tide or ocean waves,

including any adjacent areas used for beach access or recreation. For the

purposes of this rule, beach burning does not include the use of charcoal or

gaseous or liquid fuels.

(8) BURN AUTI IORILA liON NL’vIBFR is the number that is assigned to a

burn project upon being granted approval by the Executive Officer.

(9) BURN \‘lANAGlMENT PLAN means a document prepared by an

agricultural operator fbr a project which provides a description of the

project, and other information as required under subparagraph (d)(7)(D).

(10) BURN PROJECT means an active or planned prescribed burn, agricultural

burn, fire prevention/suppression training, a naturally ignited wildland fire

managed for resource benefits, or any other burn approved by the

Executive Officer.

(ii) EMERGENCY BURN PLAN means a document prepared by an

agricultural operator for open burning as an emergency measure to protect

crops from freezing which provides a description of the project, and other

information as required under subparagraph (h)(4)(C).

(12) FIELD CROP means crop, other than fruit or vegetable, which is grown

for agricultural purposes.

(13) FIRE HAZARD means a hazardous condition involving combustible,

flammable, or explosive material that could present a substantial threat to

life or property, as declared by a fire protection agency.

(14) FIRE PREVENTION/SUPPRESSION TRAINING means the instruction

of employees in the methods of preventing or suppressing fires.

(15) FIRE PROTECTION AGENCY means any public agency with the

responsibility and authority to protect people, property, and the

environment from fire, within its respective area ofjurisdiction.

(16) HEAVY FUELS means materials that burn slowly, sustain heat, and are

difficult to extinguish. Heavy fuels include large downed woody materials

such as logs and branches.

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Rule 444 (Cont.) (Amended May 3, 2013)

(17) IMMINENT FIRE HAZARD means a fire hazard that presents an

immediate danger to property or the health and/or safety of a person or

persons and for which direct abatement by fire is necessary as directed by

a fire protection agency. An imminent fire hazard is distinguished from a

prescribed burn by the immediate or urgent action needed to alleviate a

threat.

(18) LAND MANAGER means any federal, state, local, or private entity that

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

including the application of fire to the land.

(19) LIGHT FUELS means materials that burn quickly with a short period of

intense heat such as grass and field crops.

(20) MANDATORY WINTER BURNING CURTAILMENT means a period

of time during the consecutive months of November through February

where the burning of solid fuels is restricted for portions of the South

Coast Air Basin at elevations below 3,000 feet above Mean Sea Level

(MSL) based on the air quality criteria contained in AQMD Rule 445

(Wood-Burning Devices).

(21) MARGINAL BURN DAY means a day in an air basin when open burning

for individual projects is restricted to designated source/receptor areas and

is not otherwise prohibited by the California Air Resources Board (CARB)

or the Executive Officer of the District. A marginal burn day is declared

when:

(A) At least one of the meteorological criteria for an air basin is

predicted to be met;

(B) The AQI throughout the basin is predicted to be 150 or less;

(C) The AQI in the designated source/receptor area(s) is predicted to

be 100 or less; and

(D) The designated source/receptor area(s) is not further restricted by a

mandatory winter burning curtailment pursuant to AQMD Rule

445 (Wood-Burning Devices).

(22) METEOROLOGICAL CRITERIA defines the daily predicted

meteorological conditions that need to be satisfied to permit open burning

for an air basin. The criteria are as follows:

(A) Burn Area 40: South Coast Air Basin (at least one criterion must

be satisfied):

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Rule 444 (Cont.) (Amended May 3, 2013)

(i) Near 6:00 a.m., the expected height of the inversion base, if

any, at Los Angeles International Airport is 1,500 feet

above mean sea level or higher.

(ii) The expected maximum mixing height during the day is

3,500 feet above the surface.

(iii) The expected mean surface wind between 6:00 a.m. and

noon is greater than five miles per hour.

(B) Bum Area 53: Mojave Desert Air Basin (all criteria must be

satisfied):

(i) Near the time of day when the surface temperature is at a

minimum, the temperature at 3,000 feet above the surface

is not warmer than the surface temperature by more than 13

degrees Fahrenheit.

(ii) The expected temperature at 3,000 feet above the surface is

colder than the expected surface temperature by at least II

degrees Fahrenheit for 4 hours.

(iii) The expected daytime wind speed at 3,000 feet above the

surface is at least 5 miles per hour.

(C) Bum Area 55: Salton Sea Air Basin (at least three criteria must be

satisfied):

(i) Near the time of day when the surface temperature is at a

minimum, the temperature at 3,000 feet above the surface

is not warmer than the surface temperature by more than 13

degrees Fahrenheit.

(ii) The expected temperature at 3,000 feet above the surface is

colder than the expected surface temperature by at least 11

degrees Fahrenheit for 4 hours.

(iii) The expected daytime wind speed at 3,000 feet above the

surface is at least 5 miles per hour.

(iv) The expected daytime wind direction in the mixing layer is

not southeasterly.

(23) NO BURN DAY means a day in an air basin during which open burning is

prohibited by the CARB or Executive Officer of the District. A no burn

day is declared when:

(A) None of the meteorological criteria for an air basin are met, or

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Rule 444 (Cont.) (Amended May 3, 2013)

(B) The AQI in any area of the basin is predicted to be greater than

150.

(24) OPEN BURNING COMBUSTION/OPEN DETONATION means the

ignition and subsequent burning, or ignition, rapid decomposition and

subsequent burning of solid, liquid, or gaseous materials, outside of a

combustion chamber with or without a visible flame and not directed

through a chimney or flue.

(25) PERMISSIVE BURN DAY means a day in an air basin during which

open burning is not prohibited by the CARB or Executive Officer of the

District. A permissive burn day is declared when:

(A) At least one of the meteorological criteria for an air basin is

predicted to be met,

(B) The AQI throughout the basin is predicted to be 100 or less, and

(C) The designated source/receptor area(s) is not further restricted by a

mandatory winter burning curtailment pursuant to AQMD Rule

445 (Wood-Burning Devices).

(26) PRESCRIBED BURNING means planned open burning conducted by a

public agency, or through a cooperative agreement or contract involving a

public agency, identified on lands selected in advance for removal of:

(A) Vegetation from land predominantly covered with chaparral, trees,

grass, or standing brush.

(B) Forest vegetation or debris for the purposes of forest protection.

(C) Brush, weeds, arundo, or other plant matter to promote a healthier

environment for plant or animal species or to re-establish native

plant species.

(D) Disease and pest prevention.

(E) Fire prevention/suppression training consuming greater than 10

acres.

(27) PRODUCT TESTING means the evaluation of commercial products

designed to detect the presence of flame or smoke or intended to prevent

equipment damage due to flame.

(28) RESIDENTIAL BURNING means open burning for the purposes of

disposing of combustible or flammable solid waste, excluding Russian

thistle, from a specific residence on its premises.

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Rule 444 (Cont.) (Amended May 3, 2013)

(29) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers,

hospitals, and convalescent homes, and other locations where children,

chronically ill individuals, or other sensitive persons could be exposed.

(30) SMOKE MANAGEMENT PLAN means a document prepared for each

open burning event or project by land managers that provides information

and procedures to minimize smoke impacts.

(31) SOURCE/RECEPTOR AREAS. A source area is that area in which

contaminants are discharged and a receptor area is that area in which the

contaminants accumulate and are measured. Any area can be a source

area, a receptor area, or both a source and receptor area. The

source/receptor areas are delineated on the attached map (Attachment I).

(32) WILDLAND means:

(A) “Wildland” means an area where development is generally limited

to roads, railroads, power lines, and widely scattered structures.

Such land is not cultivated (i.e., the soil is disturbed less frequently

than once in 10 years), is not fallow, and is not in the United States

Department of Agriculture (USDA) Conservation Reserve

Program. The land may be neglected altogether or managed for

such purposes as wood or forage production, wildlife, recreation,

wetlands, or protective plant cover.

(B) For the California Department of Forestry and Fire Protection only,

“Wildiand” as specified in California Public Resources Code

(PRC) section 4464(a) means any land that is classified as a state

responsibility area pursuant to article 3 (commencing with section

4125) of chapter 1, part 2 of division 4 and includes any such land

having a plant cover consisting principally of grasses, forbs, or

shrubs that are valuable for forage. “Wildiand” 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.

(d) Requirements and Prohibitions

(1) A person shall not conduct or allow open burning unless all of the

following are met:

(A) The Executive Officer has declared the day a permissive burn day

or a marginal burn day on which burning is permitted in the

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Rule 444 (Cont.) (Amended May 3, 2013)

applicable source/receptor area and such burning is not prohibited

by the applicable public fire protection agency.

(B) The Executive Officer or the applicable fire protection agency has

issued a written permit for the burn. For disposal of Russian

thistle, subject to paragraph (d)(2)(C), a permit may also be issued

by the Director of Forestry and Fire Protection or a County

Agricultural Commissioner, pursuant to California Health and

Safety Code Section 41809.

(C) The Executive Officer has authorized the burn by issuing a Burn

Authorization Number for each day for each open burning event.

(i) The Executive Officer has received the Burn Authorization

Number request by 4:00 p.m. on the day prior to the burn.

(ii) The Executive Officer may delay issuing a Burn

Authorization Number until such time that an inspection of

the proposed Burn Project can be conducted, in order to

determine whether the open burning event complies with the

provisions of the rule.

(D) All site-specific permit conditions are met, pursuant to Rule 208

Permit and Burn Authorization for Open Burning.

(2) The Executive Officer may authorize open burning for:

(A) Agricultural burning

(B) Prescribed burning

(C) Disposal of Russian thistle

(D) Abatement of a fire hazard that a fire protection agency determines

cannot be abated by an economically, ecologically and logistically

viable option

(E) Disposal of waste infected with an agricultural pest or disease

hazardous to nearby agricultural operations and upon the order of

the County Agricultural Commissioner

(F) Disposal of infectious waste, other than hospital waste, upon the

order of the County Health Officer to abate a public health hazard

(0) Use of pyrotechnics for the creation of special effects during

filming of motion pictures, videotaping of television programs or

other commercial filming or video production activities provided

untreated wood, charcoal or Approved Ignition Fuels are used

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Rule 444 (Cont.) (Amended May 3, 2013)

(H) Disposal of contraband in the possession of public law

enforcement personnel provided they demonstrate that open

burning is the only reasonably available method for safely

disposing ofthe material

(1) Fire prevention/suppression training exercises, provided

notifications and compliance with all requirements of Rule 1403 —

Asbestos Emissions from Demolition/Renovation Activities shall

be required when applicable

(J) Researching or testing fire retardant properties of materials (or

enclosures) or the efficacy of fire suppression techniques or

devices

(3) A person is prohibited from open burning for:

(A) Residential burning

(B) Disposal of waste, except as specified in (d)(2) above, including

hospital waste

(C) Disposal of materials generated as a result of land use conversion

for non-agricultural purposes

(D) Disposal of materials from the production or storage of military

ordnance, propellants. or pyrotechnics unless a fire protection

agency, law enforcement agency or governmental agency having

jurisdiction determines that onsite burning or detonation in place is

the only reasonably available method for safely disposing of the

material

(E) Suppression of wildiand fires, except those set by fire protection

agencies, for the purpose of saving life or property

(F) Complete burning of existing structures for flre prevention/

suppression training exercises

(0) Beach burning., on and after January I, 2015. However, a city or

county may. through formal action of a city council or board of

supervisors, make this prohibition effective sooner than January 1.,

2015.

(4) A person shall not commence:

(A) Open burning for agricultural field crops before 10:00 a.m. or later

than 5:00 p.m.

(B) Open burning, other than for agricultural field crops, except as

authorized in an approved Smoke Management Plan:

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Rule 444 (Cont.) (Amended May 3, 2013)

(i) Earlier than one hour after sunrise

(ii) Later than two hours before sunset, with no new ignition, or

fuels added to an existing fire

(5) A person shall use only approved ignition devices to ignite open burning.

(6) A person shall not transport vegetative waste for the purpose of open

burning from one property to another, unless it is necessary to avoid

burning within 1,000 feet of a sensitive receptor.

(7) Additional requirements for agricultural burning:

(A) A person shall not conduct or allow the open burning of

agricultural waste unless it has been allowed to dry for the

following minimum times:

(i) Trees and large branches (3 in. or greater): 6 weeks

(ii) Prunings and small branches (I in. to less than 3 in.

diameter): 4 weeks

(iii) Wastes from field crops that are cut in a green condition: 4

weeks

(iv) Fine fuels (0.25 in. to less than I in. diameter): 3 weeks

(v) Very fine fuels (less than 0.25 in.): 10 days

(B) A person shall not conduct or allow the open burning of

agricultural waste unless it is free of dirt, soil, and visible moisture.

(C) A person shall ignite rice, barley, oat and wheat straw only by

strip-firing or by backfiring into the wind unless a fire protection

agency declares such actions would constitute a fire hazard.

(D) A person shall not conduct or allow the open burning of

agricultural waste unless a Burn Management Plan is approved in

writing by the Executive Officer for any project greater than 10

acres or a project that produces more than one ton of particulate

matter emissions, as determined using EPA AP-42 or equivalent

emissions factors approved by the Executive Officer, CARB, and

EPA. At a minimum, the Bum Management Plan shall contain the

following information:

(i) Location, types, and amounts of material to be burned

(ii) Expected duration of the fire from ignition to extinction

(iii) Identification of responsible personnel, including telephone

contacts

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Rule 444 (Cont.) (Amended May 3, 2013)

(iv) Identification and location of all smoke sensitive areas

(v) Calculation of the particulate emissions tonnage, when the

particulate emissions tonnage is selected as the criteria for

determining the project size

(E) A person shall not conduct or allow the open burning of

agricultural waste unless the burn is located farther than 1,000 feet

from a sensitive receptor location.

(8) Additional requirements for prescribed burning:

(A) A person shall conduct or allow prescribed burning only when the

fires are set by, under the jurisdiction of or pursuant to the orders

or requirements of a fire protection agency.

(B) A person shall not conduct or allow prescribed burning unless a

Smoke Management Plan is approved in writing by the Executive

Officer for any project greater than 10 acres or that produces more

than one ton of particulate matter emissions, as determined using

EPA AP-42 or equivalent emissions factors approved by the

Executive Officer, CARB, and EPA. Smoke Management Plans

shall be updated annually. At a minimum, the Smoke Management

Plan shall contain the following information:

(i) Location, types, and amounts of material to be burned

(ii) Expected duration ofthe fire from ignition to extinction

(iii) Identification of responsible personnel, including telephone

contacts

(iv) Identification and location of all smoke sensitive areas

(v) Calculation of the particulate emissions tonnage

(C) A person shall not conduct or allow prescribed burning unless a

Smoke Management Plan is approved in writing by the Executive

Officer for any project greater than 1 00 acres or that produces

more than 10 tons of particulate matter emissions, as determined

using EPA AP-42 or equivalent emissions factors approved by the

Executive Officer, CARB, and EPA. Smoke Management Plans

shall be updated annually. At a minimum, the Smoke Management

Plan shall contain the information required by subparagraph

(d)(8)(B) and the following information:

(i) Identification of meteorological conditions necessary for

burning

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Rule 444 (Cont.) (Amended May 3, 2013)

(ii) Smoke management criteria the land manager will use for

making burn ignition decisions

(iii) Projections, including a map, of where the smoke from

burns is expected to travel both day and night

(iv) Specific contingency actions (such as fire suppression or

containment) that will be taken if smoke impacts occur or

meteorological conditions deviate from those specified in

the Smoke Management Plan

(v) Evaluation of and consideration of emission reduction

techniques including environmentally, economically, and

logistically viable alternatives to burning

(vi) Discussion of public notification procedures

(D) The Executive Officer shall prioritize burn authorization requests

based upon:

(i) The level of training of the person conducting the burn as

identified in the Burn Management Plan and Smoke

Management Plan.

(ii) The measures identified in the Smoke Management Plan

proposed to reduce emissions.

(E) Notwithstanding subparagraph (d)( I )(A), the Executive Officer

may allow prescribed burning on marginal bum days, provided a

Smoke Management Plan has been approved.

(e) The Executive Officer may allow the Maximum Daily Burn Acreage for

Agricultural Burning and Prescribed Burning as follows:

(1) For all areas within the District jurisdiction, excluding the Coachella

Valley:

(A) 175 acres for prescribed wildland and range burning; and

(B) 175 acres for agricultural burning;

(2) For the Coachella Valley:

(A) 6 acres for prescribed wildland and range burning; and

(B) 41 acres for agricultural burning; and

(3) The provisions of this subdivision, limiting the maximum daily acreage,

shall not apply to prescribed burning when a land manager has:

(A) Demonstrated that the prescribed burn is required to reduce a fire

hazard that jeopardizes public health or safety; and

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Rule 444 (Cont.) (Amended May 3, 2013)

(B) Submitted a satisfactory Smoke Management Plan that has been

approved by the Executive Officer.

(f) Administrative Requirements

(1) An Annual Post Burn Evaluation Report shall be submitted on or before

January 3lof each calendar year for any open burn projects that require a

Smoke Management Plan or a Burn Management Plan. The Report shall

include, but not be limited to, the following:

(A) The type of material burned

(B) The total acreage permitted to burn

(C) The total acreage burned

(D) The total tons of material burned

(E) The estimated fuel loading in tons per acre

(F) The total ofthe estimated PM emissions

(2) Fire Protection Agencies within the District must submit copies of written

burn permits to the Executive Officer quarterly.

fg)1ees

ebparagraphs-(d)(D,

eun4èesptwnHDRu+e36.

(h) Exemptions

(1) The provisions of paragraphs (d)(1) and (d)(4) of this rule shall not apply

in the case of an imminent fire hazard, as defined in this Rule.

(2) The provisions of subparagraphs (d)(1 )(A), (d)( I )(B), (d)( 1 )(D) and clause

(d)(I)(C)(ii) shall not apply to fire prevention/suppression training

exercises or research, conducted by fire protection agencies, provided that:

(A) For training exercises not conducted within existing structures:

(i) Each training fire is limited to no more than 30 minutes

duration,

(ii) The total cumulative burn time in a 24-hour period does not

exceed:

(a) Four (4) hours for Light Fuel

(b) Six (6) hours for Heavy Fuels or a mixture of Light

and Heavy Fuels

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Rule 444 (Cont.) (Amended May 3, 2013)

(iii) Only Authorized Ignition Fuels are used.

(B) For training exercises conducted within existing structures, each

training fire is limited to no more than 30 minutes in duration.

(3) The provisions of subparagraphs (d)(1 )(A), (d)( 1 )(B), (d)( 1 )(D) and clause

(d)(1)(C)(ii) shall not apply to fire prevention/suppression training

exercises or to product testing conducted by non-fire protection agencies

provided that:

(A) Each fire is limited to no more than 30 minutes in duration,

(B) The total burn time does not exceed four (4) hours in a 24-hour

period, and

(C) Only Authorized Ignition Fuels are used.

(4) The provisions of subparagraphs (d)(1)(A) and (d)(7)(E) of this rule shall

not apply to open burning as an emergency measure to protect crops from

freezing provided that:

(A) Open burning is the most immediate or only option available;

(B) The temperature at the time of the requested open burning is

reasonably anticipated to be below 40° Fahrenheit;

(C) An Emergency Burn Plan submitted by the person seeking to

conduct open burning is approved by the Executive Office prior to

conducting the burn. The Plan shall include, but not be limited to.

the following:

(i) Location, types, and amounts of material to be burned

(ii) Type of crop being protected

(iii) Estimate of potential economic loss

(iv) Expected dates, time, and duration of the fire from ignition

to extinction

(v) Identification of responsible personnel, including telephone

contacts

(vi) Identification and location of all smoke sensitive areas

(D) All site-specific conditions imposed by the Executive Officer as

part of the approved Emergency Burn Plan are met; and

(E) The person conducting the open burn shall notify the Executive

Officer no more than 24 hours following the authorized burn to

report the total amount of agricultural material burned.

(5) The provisions ofthur rule shall not apply to

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Rule 444 (Cont.) (Amended May 3, 2013)

(A) Recreadonal fires or ceremonial fires, itcluding tires conducted

pursuant to United States Code, Title 1, Chapter 1, Section 8.

(B) Open burning of natural gas, propane, untreated wood, or charcoal

for the purp

(1) rrepranonor wanning ofTood lkrIi

(ii)- ,, ... ...... .. 1

(A) Open burning located on islands 15 miles or more from the

mainland coast.

(B) Fireworks displays.

(C) Pyrotechnics used for creation ofspecial effects at theme parks.

(D) Detonation of explosives during:

(i) Quarry or mining operations

(ii) Bomb disposal by a law enforcement agency

(iii) Demolition of buildings or structures

(E) The use of pyrotechnics, detonation of explosives, or fire effects

for creation of special effects during theatrical productions.

filming of motion pictures, videotaping of television programs or

other commercial filming or video production activities provided

that:

(i) Each fire effect is limited to no more than 30 minutes in

duration, and

(ii) The fuel is untreated wood, charcoal, or Authorized

Ignition Fuels.

(6 ExceØ for th frernnts ofsuf,pararaph ofthis

rule shall not appfi to:

(A Recreational fires or ceremonial fires, including fires conducted

pursuant to United States Code, Title 4, Chapter 1, Section &

(B Open burninofnturaf gas, propane. untreated wood, or charcoaj

fot the iurt.ose of

(i Preparation or warming of’ food for human consumntion: or

(ii) Generating warmth at a social gathering.

(i) Severability

If any provision of this rule is held by judicial order to be invalid, or invalid or

inapplicable to any person or circumstance, such order shall not affect the validity

444—15
Rule 444 (Cont.) (Amended May 3, 2013)

of the remainder of this rule, or the validity or applicability of such provision to

other persons or circumstances.

444—16
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