Final Staff Report and 

Recommendations on Agricultural Burning 

Chapter 2 

Agricultural Burning Requirements 

of Rule 4103 and CH&SC 
Final Staff Report and 

Recommendations on Agricultural Burning 

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San Joaquin Valley Unified Air Pollution Control District 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 for 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 materials by regulating the 

burning of those materials through issuance of a conditional burning permit. Staff 

has also continued to monitor burning of agricultural materials through the 

District’s SMS. 

2.1 CURRENT DISTRICT RULE 

Rule 4103 was originally adopted on June 18, 1992 and 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 reduction burning, as defined in Rule 

4106 (Prescribed Burning and Hazard Reduction Burning). The current rule, 

which would be effective until June 1, 2010, has limitations on the amount and 

the type of materials that can be burned and restricts 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 specific categories of 

agricultural material and their corresponding prohibition dates. 

June 1, 2005 

• Prohibit burning for Field Crops, Prunings, and Weed 

Abatement 

• Establish best management practices for Other Weeds 

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 Materials 
San Joaquin Valley Unified Air Pollution Control District 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 District has incorporated the 

diseased crops and the materials from Other Weeds and Maintenance into 

Section 5.5.5 and Section 5.9 of the rule in previous 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 those deadlines requires the 

District to meet additional criteria; however, the CH&SC does not permit the 

District to provide a “permanent” postponement of the 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 economically feasible alternative 

means of eliminating the agricultural material. 

2. The District determines that there is no long-term federal or state commitment 

for the continued operation of biomass facilities in the San Joaquin Valley or 

the development of alternatives to burning. 

3. The District determines that the continued issuance of permits for that specific 

category or crop will not cause, or substantially contribute to a violation of an 

applicable federal ambient air quality standard. 

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