United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

for

EPA's Notice of Proposed Rulemaking

for the

California State Implementation Plan

Placer County Air Pollution Control District

Rule 301 , Nonagricultural Burning Smoke Management Rule 302, Agricultural Waste Burning Smoke Management Rule 303, Prescribed Burning Smoke Management Rule 304, Land Development Burning Smoke Management Rule 305, Residential Allowable Burning Rule 30 6 , Open Burning of Nonindustrial Wood Waste at Designated Disposal Sites

Prepared by Rynda Kay

November 14

, 20 12- 2

- TABLE OF CONTENTS

1. Rules Identification

a. Submitted Rules b. Rules Previously Approved into the California State Implementation Plan (SIP) to be Superseded

c. History of SIP Submittals

2. Rules Summary

a. Purpose of the Rules b. Summary of the Rules

c. Rule Revisions

3. EPA Review Criteria

a. Enforceability b. SIP Revisions

c. Rule Stringency

4. EPA Evaluation

a. Enforceability b. SIP Revisions

c. Rule Stringency d. Rule Deficiencies

5. EPA Action

6. EPA Recommendations

7. References- 3

-

1. RULE IDENTIFICATION

P lacer County Air Pollution Control District ( PC APCD)

a. Submitted Rules

 Rule 301

– Nonagricultural Burning Smoke Management (adopted February 10, 2011, revised February 9, 2012, submitted September 21, 2012 , submittal determined complete on October 11, 2012 ).

 Rule 302

– Agricultural Waste Burning Smoke Management (adopted February 10, 2011, revised February 9, 2012, submitted September 2 1 , 201 2 , submittal determined complete on October 11, 2012 ).

 Rule 303

– Prescribed Burning Smoke Management (adopted February 10, 2011 , revised February 9, 2012, submitted September 2 1 , 201 2 , submittal determined complete on October 11, 2012 ).

 Rule 304

– Land Development B urning Smoke Management (adopted February 10, 2011

, revised February 9, 2012, submitted September 2 1 , 201 2 , submittal determined complete on October 11, 2012 ).

 Rule 305

– Residential Allowable Burning (adopted February 10, 2011 , revised February 9, 2012, submitted September 2 1, 2012 , submittal determined complete on October 11, 2012 ).

 Rule 306

– Open Burning of Nonindustrial Wood Waste at Designated Disposal Sites (adopted February 10, 2011 , revised February 9, 2012, submitted September 2 1 , 201 2

, submittal determined complete on October 11, 2012 ).

b. Rules Previously Approved into the California SIP to be Superseded

The PCAPCD has jurisdiction over portions of the Lake Tahoe Air Basin (LTAB), Mountain Counties Air Basin (MCAB), and Sacramento Valley Air Basin (SVAB). Applicable

- SIP rules listed below apply to these air basins:

PCAPCD LTAB Portion Rules:

 Rule 301, Prohibitions on Open Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 FR 27115).

 Rule 302, Burning Permits (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 FR 27115).

 Rule 303, Permit Validity (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 FR 2711 5).

 Rule 304, No Burn Days (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 FR 27115).

 Rule 305, Agricultural Burning Reports (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 F R 27115).

 Rule 306, Amount Burned Daily (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 198 1 , 46 FR 27115).

 Rule 307, Approved Ignition Devices (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 308, Restricted Burning Days (adopted June 19, 1979, submitted August 21, 1979, SIP- 4

-

rule approved on May 18, 1981, 46 FR 27115).

 Rule 310, Minimum Drying Times (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 311, Exceptions to Rule 310 (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 312, Burning of Rice Straw and Stubble (adopted date not available

, submitted January 10, 1979, SIP rule approved on June 14, 1978, 43 FR 25684).

 Rule 312, Preparation of Materials to be Burned (adopted June 19, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 313, Burning of Agricultural Waste (adopted June 19, 1979, submitted Augu st 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 314, Range Improvement Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 315, Forest Management Burning (adopted June 19, 1979

, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 317, Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 271 15).

 Rule 318, Open Burning Conducted by Public Officers (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 319, Hazard Reduction Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule appr oved on May 18, 1981, 46 FR 27115).

PCAPCD MCAB /SVAB Portion Rules:

 Rule 301, Prohibitions on Open Burning (adopted April 21, 1981, submitted May 28, 1981, SIP rule approved on April 23, 1982, 47 FR 17486).

 Rule 302, Burning Permits (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 304, Permit Validity (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 305, No Burn Days (adopted May 27, 1986, submitted August 12, 1986, SIP rule approved on April 10, 1989, 54 FR 14224).

 Rule 306, Exceptions to Rule 305 (adopted April 21, 1981, submitted May 28, 1981, SIP rule approved on April 23, 1982, 47 FR 17486).

 Rule 307, Agricultural Burning Reports (adopted May 20, 1985, submitted February 10, 1986, SIP rule approved on July 12, 1990, 55 FR 28622).

 Rule 308, Amount Burned Daily (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 309, Approved Ignition Devices (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 310, Restricted Burning Days (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 312, Minimum Drying Times, Sections A, B, and E, (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 312, Minimum Drying Times, Section C, (adopted May 20, 1985, submitt ed February- 5

-

10, 1986, SIP rule approved on February 3, 1987

, 52 FR 3226 ).

 Rule 313, Exceptions to Rule 312 (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 314, Preparation of Materials to be Burned, Section s A

- C (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 314, Preparation of Materials to be Burned , Section D (adopted May 20, 1985, submitted February 10, 1986, SIP rule approved on February 3, 1987

, 52 FR 3226 ).

 Rule 315, Burning of Agricultural Waste , Section A (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 315, Burning of Agricultural Waste, Sections B

- H (adopted May 20, 1985, submitte d February 10, 1986, SIP rule approved on February 3, 1987

, 52 FR 3226 ).

 Rule 316, Range Improvement Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 317, Forest Management Burning (adopted Ju ne 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 319, Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981 , 46 FR 27115).

 Rule 320, Open Burning Conducted by Public Officers , Sections A

- E (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 320, Open Burning Conducted by Public Officers, Preamble (adopted May 20, 1985, submitted February 10, 1986, SIP rule approved on February 3, 1987

, 52 FR 3226 ).

 Rule 321, Hazard Reduction Burning (adopted June 19, 1979, submitted August 21, 1979, SIP rule approved on May 18, 1981, 46 FR 27115).

 Rule 324, Residential Rubbish Burning (adopted May 20, 1985, submitted February 10, 1986, SIP rule approved on July 12, 1990, 55 FR 28622).

 Rule 325, Recreational Open Fires (adopted April 21, 1981, submitted May 28, 1981, SIP rule approved on April 23, 19 82, 47 FR 17486).

c. History of SIP Submittals

From 1979 to 1986

, the LTAB and MCA B /SVAB portions of PCAPCD adopted open burning

r egulation s , which w ere approved by the EPA for inclusion into the California SIP as described above. On October 19, 1993

, PCAPCD adopted a unified set of 25 Open Burning rules to apply district

- wide, superseding the rules governing each air basin

. On November 30, 1994, the California Air Resources Board (ARB) submitted these 25 rules to the EPA for inclusion into the California SIP. In a letter dated February 2, 1999 , EPA staff identified several approvability issues with submitted Rule s 303 and 305

, where the new provision s were less stringent than the LTAB Portion Rules in the SIP

. On May 21, 1999

, PCAPCD requested t hat ARB withdraw these rules to be replaced with a revised submittal at a later date. For the purposes of this document we will identify these withdrawn rules as Local Rules 301

- 325.

On February 10, 2011, PCAPCD adopted six new ope n burning rules (PCAPCD Rules 301

- 306), consolidating Local Rules 301

- 325 to apply district

- wide. On September 27, 2011

, AR B submitted the six new Open Burning R ules to EPA, which would supersede individ ual basin portion SIP

- approved R ules listed above. W e identified several potential issues with the- 6

-

submitted rules, which the District addressed in a subsequent rule revision adopted locally on February 9, 2012. On September 21, 2012, ARB s ubmitted the revised version s of PCAPCD Rules 301

- 306 . While we can only act on the most recently submitted version, we have reviewed the materials provided with this previous submittal.

2. RULES SUMMARY

a. Purpose of the Rules

The purpose of PCAPCD Rules 301

- 306 is described below:

 To reorganize the District’s existing Local Rules 301

- 325 into six new rules based on burn type, for clarity and ease of understanding

.

 To incorporate amendments to the California Code of Regulations, Title 17 , Division 3, Chapter 1, Subchapter 2, Smoke Management Guidelines for Agricultural and Prescribed Burning

.

 To incorporate the requirements California Code of Regulations, Title 17, Division 3, Subchapter 7.5, §93113, Airborne Toxic Control Measure to Reduce Emissions of Tox ic Air Contaminants from Outdoor Residential Waste Burning (ATCM)

.

 To address approvability issues identified in previous SIP submittal s

.

b. Summary of the Rules

Rule 301

– Establishes standards and administrative requirements for the disposal of vegetation, use of mechanized burners, and open burning conducted by public officers. The rule includes exemptions for fire hazard reduction burning, recreational or cooking fires, and the burning of unserviceable American flags. This rule serves as a gene ral rule for all allowable burning not identified in Rules 302

- 306.

Rule 302

- Establishes standards and administrative requirements for the burning of agricultural wastes, limited to the growing of crop s or raising of fowl or animals

.

Rule 303

- Establishes standards and administrative requirements for prescribed burning.

Rule 304

- Establishes standards and administrative requirements for land development burning.

Rule 305

– Establishes standards for outdoor burning of residential materials.

Rule 306

– Establishe s standards and administrative requirements for open burning of nonindustrial wood waste at designated disposal sites above 1500 f ee t elevation mean sea level (MSL)

.

c. Rule Revisions

Submitted PCAPCD Rules 301

- 306 were modified from Local Rules 301

- 325

. For clarity, we will describe r ule revisions in two steps: 1) m odifications made from the basin

- specific SIP rules detailed above to reach Local Rules 301

- 325 ; and 2) m odifications made from Local Rules 301

-- 7

-

325 to reach PCAPCD 301

- 306

.

Modifications made from the basin

- specific SIP rules detailed above to reach Local Rules 301

- 325:

We first describe the rule revisions

, then identify potential approvability issues to be addressed in the Rule E valuation section of this document

.

 MCAB/SVAB Rule 3 05 was amended to show district

- wide applicability.

 MCAB/SVAB Portion Rule 310 was amended to correct a typographical error

.

 MCAB/SVAB Rules 303, 311, 3 1 8, 3 22, 3 23 were added. These Rules are not approved into the Applicable SIP and are discussed below.

 LTAB Portion Rule 301 was split into Rule 301 and Rule 325. Rule 301(A) was revised and readopted as Rule 325 to be identical to the MCAB/SVAB portion Rule 325.

 LTAB Portion Rule 304 was renumbered to Rule 305 and amended to s how district

- wide applicability.

 LTAB Portions Rules 305

- 306 and 313

- 314 were rescinded. The content s of LTAB Portion Rule 306, 313, 314 are captured with in Local Rules 308, 315, and 316 respectively . LTAB Rule 305 requires designated agencies to collect burn information within 15 days of the burn and report to the District quarterly. This information is now captured by the District directly through the District’s permitting and reporting requirements. 1

 LTAB Rule 312 was renumbered to Rule 314 and amended to add additional agricultural burning requirements.

 LTAB Portion Rules 303, 307

- 310,312, 318

- 319 were renumbered to 304, 309

- 12, 314, and 320

- 321 respectively.

 LTAB Rule 311 was renumbered to Rule 313 and references to Rule 310 were changed to

rev ised rule number (Rule 312).

 LTAB Portion Rules 303, 306

- 308, 315

- 319, 322

- 324 were replaced with MCAB/SVAB P ortion Rules.

 These two identical set of rules were then adopted as Local Rules 301

- 325 to apply over the entire PCAPCD.

Local Rules 303 and 306 c ontained several provisions exemp ting several activities from No Burn Day restrictions. These exemptions were not included in the LTAB Portion of the Applicable SIP:

 Local Rules 303, 306: Open burning of agricultural waste from growing crops or raising fo wl above 3,000 feet elevation.

 Local Rule 306: Burning in the case of threatened imminent and substantial economic loss.

 Local Rule 306: Burning of pesticide or other toxic substance sacks.

 Local Rule 306: Range improvement burning beginning January 1 to May 31 if 50% brush treated.

1 See Letter from Thomas Christofk, PCAPCD, to Andrew Steckel, EPA, dated March 16, 2011

.- 8

-

 Local Rule 306: Open burning in forest management, range improvement, wildland vegetation management above 6,000 feet elevation.

These relaxations were not shown to comply with Section 110(a) and 110(l) provisions of the Clean Air Act (CAA). The rules were then withdrawn by ARB for resubmission at a later date. In PCAPCD Rules 30 1

- 306, submitted on September 21, 2012

, exemptions 1 and 4

- 5 have been removed. We discuss exemptions 2

- 3 in the context of approvability in the Rules Evaluation section of this document.

Local Rules 303, 318, 322, and 323 are not in the Applicable SIP. These Rules were previously submitted to the EPA for the MCAB/SCAB SIP Portion on October 15, 1979 and subsequently disapproved on May 18, 1981 (46 FR 27115) because they allowed increased emissions with no control strategy demonstration showing that the revisions would not prevent the maintenance of the NAAQS

. In the same rulemaking

, Local Rule 311 was no t acted upon as it was not specifically r elated to attainment or maintenance of the NAAQS. A summary of these Rules follows:

 Local Rule 303

- Exceptions to Rule 302: The provision of this rule has been removed and is not found in submitted PCAPCD Rules 301

- 306.

 Local Rule 311

– Wind Direction: T his rule states that “Burning shall be curtailed when smoke is drifting to nearby populated area or creating a public nuisance or hazard”. This rule has been restated in PCAPCD Rules 301

- 306. This provision has no effect on NAAQS and improves air quality i n populated areas. As such, it is not an approvability issue here.

 Local Rule 318

- Land Development Open Burning

– This rule establishes requirements for open outdoor fires for the disposal of material grown on property being developed for commercial or residential purposes. The contents of this Rule are found in PCAPCD Rule 304. We discuss this revision in the Rules Evaluation section of this document.

 Local Rule 322

- Mechanized Burners

- This rule establishes requirements for the use of a mechanized bur ner for disposing of vegetative materials. The contents of this Rule are found in PCAPCD Rule 301. We discuss this revision in the Rules Evaluation section of this document.

 Local Rule 323

- Open Burning of Nonindustrial Wood waste at Designated Disposal Si tes . This rule establishes requirements for open burning of nonindustrial wood waste at designated disposal sites above 1500 feet elevation MSL

. The contents of this Rule are found in PCAPCD Rule 306. We discuss this revision in the Rules Evaluation sectio n of this document.

Modifications made to consolidate provisions from Local Rules 301

- 325 to PCAPCD Rules 301

- 306 were largely editorial. Substantive m odifications made from Local Rules 301

- 325 to reach PCAPCD 301

- 306 are summarized as follows :

 PCAPCD Rules 301

- 306 were completely re written to a dopt the District ’s standard rule format sections: General (100), Definitions (200), Standards (300), Administrative Requirements (400), and Monitoring and Records (500).- 9

-

 Local Rule 301 : P rohibition on open burning was modified to include a definit ion of “disallowed combustibles .” This list is more extensive and specific than the list in the Local Rule and can be found in PCAPCD Rules 301

- 306.

 Local Rule 302 : R equirement s that agricultural and hazard reductio n burning obtain a
p ermit from a designated agency w ere modified to require a permit issued by the District directly. Sections have been added to clarify that a separate burn permit may also need to be obtained from the fire protection agency that has juri sdiction in the area of the proposed burn project. These provisions appear in PCAPCD Rules 301

- 303.

 A provision was added to PCAPCD Rules 301

- 306 specifying the District’s ability to revoke or cancel a district burn permit if terms have been violated.

 Loca l Rules 303 and 306 : The exemption for the open burning of agricultural waste from growing crops or raising fowl above 3,000 feet elevation MSL was removed.

 Local Rule 305 : No Burn Day provisions are reworded to clarify that they apply to the ignition of all “ allowable combustibles

, ” consistent with Title 17 requirements. The definition of allowable combustibles was added to PCAPCD Rules 30 1 , 304, and 305.

 A provision was ad ded to PCAPCD Rules 302

- 303 requiring a report of special permits issued to allow agricultural burning on No Burn D ays in the case of threatened imminent and substantial economic loss. This report is to be submitted to ARB within 45 days of the end of the calendar year describing the nature and details of the burning.

 Local Rule 306 : P rovision for range improvement burning beginning January 1 to May 31 if 50% brush treated was removed.

 Local Rule 306 : Exemption for open burning in forest management, range improvement, and wild land vegetation management above 6,000 feet elevation MSL was removed

.

 Local Rule 307 : R ecordkeeping requirement s that agricultural burners report burn information to designated agencies , which then report this information to the District

, was removed . This information is now captured by the District directly through the District ’ s permitting and reporting requirements

. 2

 A new provision was added to PCAPCD Rules 302

- 303 requiring the Distri ct to report agricultural burn information to ARB within 45 days o f the end of the calendar year pursuant to Title 17 requirements.

 Local Rule 310 : The requirement that the Air Pollution Control Officer notify designated agencies if a condition of restrict ed burning exists due to degraded air quality was removed. The provision required designated agencies to then restrict the amount of burning permit t ed. This provision is obsolete as the D istrict restricts burning to allowable ARB Burn Days

. 3

 Local Rule 312 : Requirements that vegetation must dry for “sufficient time ...to assure rapid and complete combustion with a minimum of smoke” was modified to clarify specific drying times . These provisions can be found in PCAPCD Rules 301

- 306.

 Local Rule 314 : The provision that “No material shall be burned unless it is reasonably free of dirt, soil and surface moisture...” was modified to also be free of disallowed combustibles.

 Local Rule 314 : Requirements for the stacking of material for burning was clarified and

m ade more specific.

2 Id.
3 Id. and Staff Report, Exhibit 10, dated February 10, 2011

.- 10

-

 Local Rule 314 : The provision that agricultural burning be “free of materials not produced in an agricultural operation” was made more stringent to also be free of disallowed combustibles. A provision was added t o allow burning of s heeti ng used to cover the pile

.

 A provision was added to PCAPCD Rule 303 that vegetation burned must have originated within the boundaries of the prescribed burn project.

 Local Rule 315 : P rovision s for rice harvesting below1500 f ee t elevation MSL has been modif ied to apply over all elevations.

 Local Rule 315 : The prohibition that “no crop acreage which was harvested prior to September 10 shall be burned during the period October 1 through November 15” unless certain provisions have been met was removed pursuant to Title 17 amendments

.

 Local Rule 315 : The provision for r ice, barley, oat and wheat straw has been modified to
app ly to all crop straw, including residue.

 The definition s of “Sacrament o Valley Smoke Management Program

, ” “ Smoke Managemen t Plan

, ” and “ Smoke Management Program ” were added to the definitions in Rule 302.

 Local Rule 316: The provision that designated agencies can specify alternate minimum drying time s was removed.

 Local Rule 316: The requirement that the State Department of Fish and Game provide a written statement that a burn is “ desirable and proper ” was expanded to allow specification of brush treatment and other necessary conditions

. In addition , a provision was added that such a statement could be obtained from other aut horities specified in the Rule

.

 Local Rule 317 : Exemptions for wildland vegetation management burns above 6,000 f ee t MSL and those below 6000 f ee t elevation MSL but less than ten acres were removed.

 Local Rule 317: The definition of “ Wildlan d Vegetation Management Burning” was modified to add “may include naturally ignited fires

. ”

 Local Rule 317: Burn plan requirements were modified to include Title 17 amendment s, which specify plan requirements by fire size . These requirements are more specif ic and stringent, including burn registration semi

- annually and specific requirements for smoke management plans.

 Local Rule 317: Burn authorization requirements have been modified to include Title 17 amendments which are more specific and stringent

.

 PCAPCD Rule 301 clarifies that recreational open fire cannot be used for waste disposal and adds the exemption f or the burning of unserviceable American flags.

 PCAPCD Rule 301 added the provision for haza rd reduction burning

, including fire protection acti vities an d remediation of oil spill s pursuant to Health and Safety Code Section 13055.

 PCAPCD Rule 301 adds a provision for t he burning of allowable combusti bles resulting from brush clearance to reduce fire hazard.

 PCAPCD Rule 301 and 302, Section 103.3.1 add exemption s from minimum dryi ng times for right

- of

- way clear ing, levee, ditch and reservoir maintenance burning (MCAB/SVAB Rules 312)

. We discuss this relaxation in the context of approvability in the Rules Evaluation section of this document.- 11

-

 PCAPCD Rule 301, Section 311 adds exemption from minimum drying times for mechanized burners (MCAB/SVAB Rules 312). We discuss this relaxation in the context of approvability in the Rules Evaluation section of this document

.

 PCAPCD Rules 301 and 304 add a provision where APCO may prohibit or add burn permit conditions for the burning of poison oak or oleander.

 PCAPCD Rules 301

- 306 add definitions for “No Burn Day” and “Disa llowed Combustibles”.

 PCAPCD Rules 302 and 303 added reference to the applicable Smoke Management Programs for the three air basins.

 The following definitions have been added to PC A PCD Rule 303 as set forth by Ti tle 17 amendments: “Air Quality

, ” “Ambient Air

, ” “Burn Projects, ” “Class I Area

, ” “Fire Protection Agency

, ” “Forty

- eight (48) Hour Forecast

, ” “Land Manager

, ” “Nationa l Ambient Air Quality Standards

, ” “Ninety

- six Hour Forecast

, ” “Particulate Matter

, ” “Sacramento Valley Smoke Management Program

, ” “Seventy

- Two Hour Outlook

, ” “Sheeting

, ” “Silviculture Practices

, ” “Smoke Managem ent Plan

, ” “Smoke Management Prescription

, ” “Smoke Management Program

, ” “Smoke Sensitive Areas

, ” “Stat e Ambient Air Quality Standards

, ” “Wildland

, ” “Wildland Fire

, ” “Wildland/Urban Interface

, ” “Wildlife or Game Habitat

. ”

 The following wording has been add ed to PCAPCD Rule s 301, 302 and 304: “The only allowable combustibles that can be burned is vegetation originating on the premises and reasonably free of dirt, soil, and visible surface moisture.” This provision was added to avoid confusion on what can be burned and bring the Rule into compliance with ATCM.

 PCAPCD Rule 305 adds an exemption for burning of dry, non

- glossy paper and cardboard originating on the property for residences within zip

- codes with population density less than or equal to 10 and not served on a weekly basis by waste disposal services. Curre ntly, only Iowa Hill ( 3000 f ee t elevation MSL) qualifies for this exemption

. The high elevation and rural nature of this site limits its impacts and should not affect the NAAQS. As such, we believe this exemption is limited and reasonable for PCAPCD.

 PCAPCD Rule 305 adds the definition s of “ Residential Allowable Combustibles ,” “Burn Barrel,” “Combustible,” and “Residence

. ”

 PCAPCD Rule 305, Section 302 prohibits burn barrels and defines type of material that can be burned consistent with ATCM.

 PCAPCD Rule 306 adds the definiti on of “Non

- Industrial Woodwaste

. ”

 PCAPCD Rule 306

, Section 305.1 allows operators of mechanized burners to begin burning on a per missive burn day but continue the fol lowing day, which could be a No Burn D ay. We discuss this relaxation in the context of approvability in the Rules Evaluation section of this document

.

 PCAPCD Rule 306 adds pre

- burn notification and post

- burn report sub mission requirements.- 12

-

3. EPA REVIEW CRITERIA

EPA is primarily using the following three criteria to evaluate PCAPCD Rules 301

- 306 :

a. Enforceability

Clean Air Act ( CAA ) § 110(a)( 2)(A) requires that regulations submitted to EPA for SIP approval be clear and legally enforceable.

b. SIP Revisions

We have evaluated this SIP revision to determine whether it would interfere with any applicable requirement concerning attainment and reas onable further progress (RFP) 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).

c. Rule Stringency

PCAPCD regulates an ozone nonattainment area (40 CFR Part 81). 4 CAA § 172(c)(1) requires nonattainment areas to implement all reasonably available control measures (RACM ) as expeditiously as practicable

. O pen burning emit s PM

- 10 and PM2.5 directly, as well as volatile organic compounds (VOCs) and oxides of nitrogen (NO x ), which are precursors to ozone and PM

- 2.5 . Therefore, PC APCD must implement RACM for open burning if those measures will advance attainment of the National Ambient Air Quality Standard (NAAQS) for PM 2.5 or o zone , when considered collectively with other reasonable measures

. A dditional control measures may be required pursuant to CAA § 172(c)(1) if both: (1) additional measures are reasonably available; and (2) these additional reasonably available measure s will advance attainment in the

area when considered collectively.

PC APCD is currently designated attainment for PM 10 (40 CFR § 81.305). Accordingly, SJV U APCD is not subject to the requirement to implement Best Available Control Measures ( BACM ) for PM 10 and PM 10 precursors in CAA § 189(b) and (e). Therefore, we are not evaluating Rules 301

- 306 for compliance with BACM requirements.

4. EPA RULE EVALUATION

a. Enforceability

PCAPCD Rules 301

- 306 increase enforceability by increasing clarity of requirements by having all information rela ted to a burn type in one rule, by providing new definitions, and by increasing

4 P CAPCD also regulates a nonattainment area under the 2006 24

- Hour PM 2.5 National Ambient Air Quality Standard (NAAQS). 40 CFR. § 81.305 (2010). By December 14, 2012, California must submit a revision to the State Implementation Plan (SIP) for this nonattainment area that provides for, among other things, implementation of all RACM as expeditiously as practicable (including RACT f or existing sources). CAA § 172(a)(2)(A), (b) & (c)(1), 74 FR 58689 (Nov. 13, 2009). EPA will take action on this RACM demonstration in a separate future rulemaking.- 13

-

specificity on permit and recordkeeping requirements.

Several provisions in the submitted rules , however, provi de for APCO discretion to allow burning on a No Burn Day. EPA generally discourages SIP provisions that allow APCO discretion to independently interpret the SIP, but acknowledges that such “director’s discretion: may be appropriate if explicit and replicable procedures within the rule ti ghtly define how the discretion will be exercised ” (see e.g., the Little Blue Book and 52 FR 45109, 11/24/87).

PCAPCD Rules 302

- 303, Section 103.2.2 provide the APCO with discretion t o allow a No Burn Day exemption for the threat of imminent and substantial economic loss not included in the LTAB Portion of the Applicable SIP

. However, t he rule limits burning to “amount of acreage which can be burned in any one day and will only authorize burning which will not likely to cause or contribute to exce edances of air quality standards or result in smoke impacts to smoke sensitive areas

. ” Additionally, “Imminent and Substantial Economic L oss” is defined as the “loss of a planting season or irreparable harm to a crop” in PCAPCD Rule 201 , and Rules 302

- 303 Section 501.2 require sources to report such permits within 45 days of the calendar year, including burn information and nature and dollar amount of the threatened loss. We believe that these standards constitute appropriate limitations on APCO’s discret ion for this rule

.

PCAPCD Rules 302

- 303, Section 103.2.2 provide the APC O with discretion to allow a No Burn Day exemption for the burning of pesticide or other toxic substance sacks or con tainers that are not included in the LTAB Portion of the Applicab le SIP. This exemption is limited to pesticides or other toxic substances used on the premises, within the definition of agricultural waste. As a result, w e also believe that these standards constitute appropriate limitations on APCO’s discretion.

b. SIP Revisions

Rule revisions were primarily editorial to provide a consolidated rule set and improve clarity. T here are , however, several Local Rules used in the consolidation which were not previously approved into the SIP. Additionally, several new provisions are included th at are les s stringent than the Applicable SIP rules.

PCAPCD Rule 301 adds authorization for mechanized burners that is not included in the Applicable SIP and an exemption from minimum drying times for mechanized burners (MCAB/SV AB Rules 312) that is not included in the LTAB Portion of the Applicable SIP. The District explains that “the device operates at very high temperature with minimal emissions” and upon District inspection, visible emissions only occur during the machine loa ding and were far less than that would be generated from open burn piles. Also, the District asserts that this type of burner is used infrequently , as it has only been used once in the past 10 years. 5 It is thus expected that the use of mechanized burners would have no adverse e ffect on the NAAQS or on reasonable further progress (CAA § 110(l)). Also, since the mechanized burners emit less than open burning

, the revision does not weaken any SIP control requirement in place prior to November 15, 199 0 ( CAA § 193).

5 See Letter from Thomas Christofk, PCAPCD, to Andrew Steckel, EPA, dated March 16, 2011.- 14

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PCAPCD Rule 304 establishes requirements for open outdoor fires for the disposal of material grown on property being developed for commercial or residential purposes not previously in the Applicable SIP. Several provisions have been added to ensure that this provision would have no adverse e ffect on the NAAQS or on reasonable further progress ( CAA § 110(l) ):

 Land development burning is subject to a District permit only valid on “Burn Days” in

w hich agricultural burning is not prohibited (when meteorological conditions are conducive to ventilation of pollutants). For PCAPCD Rule 304 , the definition of “Burn Day” has b een modified to explicitly exclude, “ those days during the ozone season (May

October) where there is a potential violation of the NAAQ S ” and during the seasonal outdoor burn suspension by f ire agencies due to fire hazard.

 Additionally, the provision was further constrained by adding that no permit shall be issued “except for vegetation re moved for residential development purposes from the property of a single or two family dwelling or when the burn permit applicant has provided a demonstration in Section 400 that there is no practical alternative to burning and the APCO has determined that the demonstration has been made. The APCO may weigh the relative impacts of burning on air quality in requiring a more persuasive demonstration for more densely populated regions for a large proposed burn versus a smaller one.” This demonstration will “in clude a discussion of the availability and feasibility of the alternatives to open burning, including implementation costs; efforts made to reduce the quantity of material to be burned; the impact of burning upon air quality conditions; and such other fact ors that warrant inclusion such as weather considerations, topography, and hazardous fire conditions. ”

 Finally, an inspection is required prior to burning “to assess compliance with Section 300 Standards and Section 400 Administrative Requirements, and any non

- compliance shall be remedied, including the removal of all disallowed combustibles, and the corrections verified, before burning can proceed.”

At this time, we believe this exemption is reasonable and appropriately limited.

PCAPCD Rule 306 establishes requirements for open burning of nonindustrial wood waste at authorized disposal sites above 1500 f ee t elevation MSL not previously in the Applicable SIP. This type of burning is subject to a District permit only valid on days in which agricul tural burning is not prohibited (when meteorological conditions are conducive to ventilation of pollutants)

. The Distric t explains that the county has two such disposal sites, with one in use. This is a landfill burning excess woodwaste when biomass facil i ties are not available. The facility is located at > 1.5 km elevation MSL , generally above the daytime mixed layer, off of Route 89 near Truckee, CA. The facility has not been used for several years, and prior to that was used ~1/year, burning for several days . In practice, this burning wa s done during a snowstorm to minimize impacts 6 (the storms atmospheric instability is conducive to mixing)

. It is expected this burning would have no adverse affect on the NAAQS or on reasonable further progress (CAA § 110 (l)). At this time, we believe this exemption is reasonable and appropriately limited.

6 Email from Ann Hobbs, PCAPC D, to Rynda Kay, EPA, November 13 , 2012.- 15

-

PCAPCD Rules 302

- 303, Section 103.2.2 provide the APC O with discretion to allow a No Burn Day exemption for the threat of imminent and substantial economic loss tha t is not included in the LTAB Portion of the Ap plicable SIP. This exemption has been modified to implement replicable procedures (as described above) and limit the amount of burning to “the amount of acreage that can burn in one day and will only authorize burning which is not likely to cause or contribute to exceedances of air quality standards or result in smoke impacts to smoke sensitive areas.” As such, it is expected that there would be no adverse e ffect on the NAAQS or on reasonable further progress ( CAA § 110(l)).

PCAPCD Rule 301 and 302, Section 103.3.1 adds exemption from minimum drying times for right

- of

- way clearing, levee, ditch and reservoir maintenance burning (MCAB/SVAB Rules 312) that is not included in the LTAB Portion of the Applicable SIP. The D istrict explains that “ w hen the burning of levees, ditches and roadway materials takes place, vegetation is usually strip burned to remove unwanted vegetation. It has been observed that when this burning takes place there is often some standing green vegetation (grass and weeds) along with the dead vegetation. Smoke emissions have been minimal during this type of burning as there is usually little moisture on the vegetat ion and it typically burns hot. Burning of this nature is done during the dry season and represents only a very small portion of the burning that can take place in the District and the amount of gre e n vegetation to be burned is even smaller. This burning will only

occ ur on a burn day”. As such, it is expected that there would be no adverse e ffect on the NAAQS or on reasonable further progress (CAA § 110(l)).

PCAPCD Rule 306

, Section 305.1 allows disposal sites to begin burning on a permissive burn day but continue the f

ollowing day, which could be a No Burn D ay , not included in applicable SIP rules. The District explains that occasionally wood burning at a disposal site has burned for longer than 24

- hours. They further explain that this type of burning is provided for “with a conditional permit that specified that burning is only allowed when there are a number of burn days forec asted in a row.” A dditionally, they assert that extinguishing the burn may result in higher emissions instead of allowing it to burn. This type of situation has only occurred once in the last 20 years. It is expected that there would be no adverse e ffect on the NAAQS or on reasonable further progress (CAA § 110(l)).

c. Rule Stringency

We believe the curre nt Rules 301

- 306 require all control measures that are “reasonably available” considering technologic and economic feasibility, for reasons including the following :

 PCAPCD Rules 302

- 303 implement more detailed smoke management requirements and burn authorizations for agricultura l burning. EPA previously identified the implementation of a smoke management program for prescribed and agricultural burning as RACM level controls for PM

- 10. 7

 The rule revisions detailed above do not interfere with attainment of the NAAQS or reasonable further progress and overall strengthen s the SIP.

 We have compared the control requirements in PCAPCD Rules 301

- 306 with analogous

7 See, e.g., 57 FR 13498 at 13540 (April 16, 1992) and 57 FR 18070 Appendix C3 at 18072 (April 28, 1992).- 16

-

rules in other local district s and believe they are generally as stringent as those rules. Where they are less stringent (e.g., areas of high elevation and low population), they have provided reasonable justifications.

d. Rule Deficiencies

No deficiencies with PCAPCD Rules 301

- 306 were identified that would be sufficient for EPA to propose less than full approval.

5. EPA ACTION

We propose to determine that PCAPCD Rules 301

- 306 fulfi l the applicable CAA § 110 requirements. Therefore, under CAA § 110(k) , EPA staff recommends full approval of PCAPCD Rules 301

- 306. These Rules were submitted on September 27, 2011 for incorporation into the California SIP and supersede the LTAB, MCAB, and SCAB rules identified above.

6. EPA Recommendations

The following recommendations are not currently the basis for rule disapproval, but are recommended as improvements the next time these rules and related rules are revised.

PCAPCD Rule 203, Exceptions to Rule 202, contains several references to prior PCAPCD open burning rules ( e.g., Rules 315 and 320 ) . For clarification of the allowed exemptions and enforceability, please update these references in Rule 203 and resubmit this rule to the SIP.

We encourage the D istrict to remove the exemption for resid ential burning of vegetative waste from burn permit requirements and restrict residential burning activity to daytime hours (e.g.

, Monterey Bay Unified Air Pollu t ion Control District Rule 438 and North Coast Unified Air Quality Management District Rules 200

- 208 )

. The largest California air districts ban residential/

backyard burning entirely (e.g., Bay Area Air Quality Mana gement District Regulation 5, San Joaquin Valley Unified Air Pollution Control District Rule 4103

, and South Coast Air Quality Mana gem ent District Rule 444 )

. We encourage the District to examine the feasibility of banning agricultural burning for specific crop types that have economically and technologically feasible alternatives to burning (e.g., San Joaquin Valley Unified Air Pollution Control District Rule 4103 ).

7. References

Regulatory, guidance and other documents used in the evaluation of PCAPCD Rules 301

- 306 include the following:

1. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA (May 25, 1988 ). [The Bluebook]. 2. Guidance Document for Correcting Common VOC & Other Rule Deficiencies , EPA Region 9 (August 21, 2001). [The Little Bluebook]. 3. 40 CFR Part 81.- 17

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4. General Preamble for the Implementation of Title I of the Clean Air Act, 57 FR 13498 (April 16 , 1992). 5. General Preamble for the Implementation of Title I of the Clean Air Act Supplement, 57 FR 18070 (April 28, 1992). 6. Submitted PCAPCD Rules 301

- 306 (amended February 9, 2012). 7. SIP

- a pproved basin

- specific burn rules for LTAB and MCAB/SVAB l isted in Section 1b of this TSD ( http://yosemite.epa.gov/r9/r9sips.nsf/Casips?readform&count=100&state=California ). 8. PCAPCD Final Staff Report and Recommen dations on Agricultural Burning ( dated February 10, 2011 )

. 9. PCAPCD Final Staff Report and Recommendations on Agr icultural Burning ( dated February 9

, 2012 ). 10. California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 2, Smoke Management Guidelines for Agricultural and Prescribed Burning. 11. California Code of Regulations, Title 17, Division 3, Subchapter 7.5, §93113, Airborne Toxic Control Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning.

Attachment 1

– Letter from Thomas Christofk, PCAPCD, to Andrew Steckel, EPA, dated March 16, 2011

.

Attachment 2

– Email fro m Ann Hobbs, PCAPC D, to Rynda Kay, EPA, November 13 , 2012.