Final Staff Report and Recommendations on Agricultural Burning



## Chapter 2

Agricultural Burning Requirements

of Rule 4103 and CH&SCFinal Staff Report and Recommendations on Agricultural Burning This page intentionally blank



## .San Joaquin Valley Unified Air Pollution Control Di strict May 20, 2010 Revised July 21, 2010

2-1 Chapter 2: Agricultural Burning Requirements Final Staff Report and Recommendations on Agricultural Burning 

### Chapter 2: AGRICULTURAL BURNING REQUIREMENTS

OF RULE 4103 AND CH&SC

The District has implemented the burn prohibition f or many crops and materials specified in CH&SC Section 41855.5. In addition to the burn prohibitions, the District has addressed the diseased crops and mater ials by regulating the burning of those materials through issuance of a co nditional burning permit. Staff has also continued to monitor burning of agricultur al materials through the

District’s SMS.

2.1 CURRENT DISTRICT RULE

Rule 4103 was originally adopted on June 18, 1992 a nd it has been amended several times to incorporate state law requirements . The provisions of Rule 4103 apply to open burning conducted in the San Joaquin Valley Air Basin, with the exception of prescribed burning and hazard reductio n burning, as defined in Rule 4106 (Prescribed Burning and Hazard Reduction Burni ng). The current rule, which would be effective until June 1, 2010, has li mitations on the amount and the type of materials that can be burned and restri cts when such burning can

occur.

2.2 CH&SC BURNING PROHIBITIONS (see Appendix A for affected crops/ materials)

As legislated in 2003, Section 41855.5 of the CH&SC prohibits the issuance of a burn permit for specific categories of agricultural material. This section also requires that the District regulates the burning of diseased crops and establish best management practices for the control of other weeds and maintenance. The schedule below shows the requirements for speci fic categories of agricultural material and their corresponding prohi bition dates.

June 1, 2005

• Prohibit burning for Field Crops, Prunings, and We ed

Abatement

• Establish best management practices for Other Weed s and Maintenance

• Regulate burning of diseased crops

June 1, 2007 Prohibit burning for Orchard Removals

June 1, 2010 Prohibit burning for Vineyard Removals , Prunings from

Surface Harvested Crops and Other MaterialsSan Joaquin Valley Unified Air Pollution Control Di strict May 20, 2010 Revised July 21, 2010

2-2 Chapter 2: Agricultural Burning Requirements Final Staff Report and Recommendations on Agricultural Burning The agricultural materials subject to the first two deadlines were previously addressed in separate rulemaking projects. The Dis trict has incorporated the diseased crops and the materials from Other Weeds a nd Maintenance into Section 5.5.5 and Section 5.9 of the rule in previo us rulemaking. Further details on the CH&SC definitions are provided in Appendix A of this report.

Section 41855.6 of the CH&SC allows the District to postpone the burn prohibition implementation dates of Section 41855.5 for any category of agricultural material or crop. Postponement of tho se deadlines requires the District to meet additional criteria; however, the CH&SC does not permit the District to provide a “permanent” postponement of t he burning prohibition. All of the following criteria must be met for the District to postpone a burn prohibition commencement date for a specific category or crop:

1. The District determines that there is no economi cally feasible alternative means of eliminating the agricultural material.

2. The District determines that there is no long-te rm federal or state commitment for the continued operation of biomass facilities i n the San Joaquin Valley or the development of alternatives to burning.

3. The District determines that the continued issua nce of permits for that specific category or crop will not cause, or substantially c ontribute to a violation of an applicable federal ambient air quality standard.

4. The State Air Resources Board concurs with the D istrict’s determinations.