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 306, Open Burning of Nonindustrial Wood Waste at Designated Disposal Sites

Prepared by Rynda Kay

November 14, 2012
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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(SIP) to be Superseded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
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1. RULE IDENTIFICATION

Placer County Air Pollution Control District (PCAPCD)

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 21, 2012, submittal determined complete on 

October 11, 2012).

 Rule 303 – Prescribed Burning Smoke Management (adopted February 10, 2011, revised 

February 9, 2012, submitted September 21, 2012, submittal determined complete on October 

11, 2012). 

 Rule 304 – Land Development Burning Smoke Management (adopted February 10, 2011, 

revised February 9, 2012, submitted September 21, 2012, submittal determined complete on 

October 11, 2012). 

 Rule 305 – Residential Allowable Burning (adopted February 10, 2011, revised February 9, 

2012, submitted September 21, 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 21, 2012, 

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, 1981, 46 FR 27115).

 Rule 302, Burning Permits (adopted June 19, 1979, submitted August 21, 1979, SIP rule 

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

 Rule 303, Permit Validity (adopted June 19, 1979, submitted August 21, 1979, SIP rule 

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

 Rule 304, No Burn Days (adopted June 19, 1979, submitted August 21, 1979, SIP rule 

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

 Rule 305, Agricultural Burning Reports (adopted June 19, 1979, submitted August 21, 1979, 

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

 Rule 306, Amount Burned Daily (adopted June 19, 1979, submitted August 21, 1979, SIP 

rule approved on May 18, 1981, 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 
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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 August 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 27115).

 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 approved 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, submitted February 
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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, Sections 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, submitted 

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 June 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, 1982, 47 FR 17486).

c. History of SIP Submittals

From 1979 to 1986, the LTAB and MCAB/SVAB portions of PCAPCD adopted open burning 

regulations, which were 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 Rules 303 and 305, where the new provisions were less stringent than the 

LTAB Portion Rules in the SIP. On May 21, 1999, PCAPCD requested that 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 open burning rules (PCAPCD Rules 301-306), 

consolidating Local Rules 301-325 to apply district-wide. On September 27, 2011, ARB 

submitted the six new Open Burning Rules to EPA, which would supersede individual basin 

portion SIP-approved Rules listed above. We identified several potential issues with the 
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submitted rules, which the District addressed in a subsequent rule revision adopted locally on 

February 9, 2012. On September 21, 2012, ARB submitted the revised versions 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 Toxic 

Air Contaminants from Outdoor Residential Waste Burning (ATCM).

 To address approvability issues identified in previous SIP submittals.

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 general 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 crops 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 – Establishes standards and administrative requirements for open burning of 

nonindustrial wood waste at designated disposal sites above 1500 feet 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 rule revisions in two steps: 1) modifications made from the basin-specific SIP rules 

detailed above to reach Local Rules 301-325; and 2) modifications made from Local Rules 301-
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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 Evaluation section of this document.

 MCAB/SVAB Rule 305 was amended to show district-wide applicability.

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

 MCAB/SVAB Rules 303, 311, 318, 322, 323 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 show district-wide 

applicability.

 LTAB Portions Rules 305-306 and 313-314 were rescinded. The contents of LTAB 

Portion Rule 306, 313, 314 are captured within 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 

revised rule number (Rule 312).

 LTAB Portion Rules 303, 306-308, 315-319, 322-324 were replaced with MCAB/SVAB 

Portion 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 contained several provisions exempting 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 

fowl 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.
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 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 301-306, 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 not acted upon as it was not 

specifically related 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: This 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 in 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 burner 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 

Sites. 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 section of 

this document.

Modifications made to consolidate provisions from Local Rules 301-325 to PCAPCD Rules 301-

306 were largely editorial. Substantive modifications made from Local Rules 301-325 to reach 

PCAPCD 301-306 are summarized as follows:

 PCAPCD Rules 301-306 were completely rewritten to adopt the District’s standard rule 

format sections: General (100), Definitions (200), Standards (300), Administrative 

Requirements (400), and Monitoring and Records (500).
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 Local Rule 301: Prohibition on open burning was modified to include a definition 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: Requirements that agricultural and hazard reduction burning obtain a 

permit from a designated agency were 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 jurisdiction 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.

 Local 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 301, 304, and 305.

 A provision was added to PCAPCD Rules 302-303 requiring a report of special permits 

issued to allow agricultural burning on No Burn Days 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: Provision 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: Recordkeeping requirements 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 District to report 

agricultural burn information to ARB within 45 days of 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 restricted burning exists due to degraded air quality was 

removed. The provision required designated agencies to then restrict the amount of 

burning permitted. This provision is obsolete as the District 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 

made more specific.

2

Id.

3

Id. and Staff Report, Exhibit 10, dated February 10, 2011.
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 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 to allow burning of sheeting 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: Provisions for rice harvesting below1500 feet elevation MSL has been 

modified 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 rice, barley, oat and wheat straw has been modified to 

apply to all crop straw, including residue.

 The definitions of “Sacramento Valley Smoke Management Program,” “Smoke 

Management 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 times 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 authorities specified in the 

Rule. 

 Local Rule 317: Exemptions for wildland vegetation management burns above 6,000 feet 

MSL and those below 6000 feet elevation MSL but less than ten acres were removed.

 Local Rule 317: The definition of “Wildland Vegetation Management Burning” was

modified to add “may include naturally ignited fires.”

 Local Rule 317: Burn plan requirements were modified to include Title 17 amendments, 

which specify plan requirements by fire size. These requirements are more specific 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 for the burning of unserviceable American flags.

 PCAPCD Rule 301 added the provision for hazard reduction burning, including fire 

protection activities and remediation of oil spills pursuant to Health and Safety Code 

Section 13055.

 PCAPCD Rule 301 adds a provision for the burning of allowable combustibles resulting 

from brush clearance to reduce fire hazard.

 PCAPCD Rule 301 and 302, Section 103.3.1 add exemptions from minimum drying 

times for right-of-way clearing, 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.
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 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 “Disallowed 

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 PCAPCD Rule 303 as set forth by Title 17 

amendments: “Air Quality,” “Ambient Air,” “Burn Projects,” “Class I Area,” “Fire 

Protection Agency,” “Forty-eight (48) Hour Forecast,” “Land Manager,” “National 

Ambient Air Quality Standards,” “Ninety-six Hour Forecast,” “Particulate Matter,”

“Sacramento Valley Smoke Management Program,” “Seventy-Two Hour Outlook,” 

“Sheeting,” “Silviculture Practices,” “Smoke Management Plan,” “Smoke Management 

Prescription,” “Smoke Management Program,” “Smoke Sensitive Areas,” “State Ambient 

Air Quality Standards,” “Wildland,” “Wildland Fire,” “Wildland/Urban Interface,” 

“Wildlife or Game Habitat.”

 The following wording has been added to PCAPCD Rules 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. Currently, only Iowa Hill (3000 feet 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 definitions 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 definition of “Non-Industrial Woodwaste.”

 PCAPCD Rule 306, Section 305.1 allows operators of mechanized burners to begin 

burning on a permissive burn day but continue the following day, which could be a No 

Burn Day. 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 submission 

requirements.
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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 reasonable 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. Open burning emits PM-10 and PM2.5 directly, as well as volatile 

organic compounds (VOCs) and oxides of nitrogen (NOx), which are precursors to ozone and 

PM-2.5. Therefore, PCAPCD must implement RACM for open burning if those measures will 

advance attainment of the National Ambient Air Quality Standard (NAAQS) for PM2.5 or ozone,

when considered collectively with other reasonable measures. Additional 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 measures will advance attainment in the 

area when considered collectively. 

PCAPCD is currently designated attainment for PM10 (40 CFR § 81.305). Accordingly, 

SJVUAPCD is not subject to the requirement to implement Best Available Control Measures 

(BACM) for PM10 and PM10 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 related to a burn type in one rule, by providing new definitions, and by increasing 

4

PCAPCD also regulates a nonattainment area under the 2006 24-Hour PM2.5 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 for 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.
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specificity on permit and recordkeeping requirements. 

Several provisions in the submitted rules, however, provide 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 tightly 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 to 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, the 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 exceedances of air quality standards or result in smoke impacts to smoke 

sensitive areas.” Additionally, “Imminent and Substantial Economic Loss” 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 discretion for this rule. 

PCAPCD Rules 302-303, Section 103.2.2 provide the APCO with discretion to allow a No Burn 

Day exemption for the burning of pesticide or other toxic substance sacks or containers that are

not included in the LTAB Portion of the Applicable SIP. This exemption is limited to pesticides 

or other toxic substances used on the premises, within the definition of agricultural waste. As a 

result, we 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. 

There are, however, several Local Rules used in the consolidation which were not previously 

approved into the SIP. Additionally, several new provisions are included that are less 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/SVAB 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 loading 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.5It is thus expected 

that the use of mechanized burners would have no adverse effect 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, 1990 (CAA § 193).

5

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

which agricultural burning is not prohibited (when meteorological conditions are 

conducive to ventilation of pollutants). For PCAPCD Rule 304, the definition of “Burn 

Day” has been modified to explicitly exclude, “those days during the ozone season (MayOctober) where there is a potential violation of the NAAQS” and during the seasonal 

outdoor burn suspension by fire agencies due to fire hazard. 

 Additionally, the provision was further constrained by adding that no permit shall be 

issued “except for vegetation removed 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 “include 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 factors 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 feet elevation MSL not previously in the Applicable SIP.

This type of burning is subject to a District permit only valid on days in which agricultural 

burning is not prohibited (when meteorological conditions are conducive to ventilation of 

pollutants). The District explains that the county has two such disposal sites, with one in use. 

This is a landfill burning excess woodwaste when biomass facilities 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 was done during a 

snowstorm to minimize impacts6(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, PCAPCD, to Rynda Kay, EPA, November 13, 2012.
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PCAPCD Rules 302-303, Section 103.2.2 provide the APCO with discretion to allow a No Burn 

Day exemption for the threat of imminent and substantial economic loss that is not included in 

the LTAB Portion of the Applicable 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 effect 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 District explains that “when 

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 vegetation 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 green vegetation to be burned is even smaller. This burning will only 

occur on a burn day”. As such, it is expected that there would be no adverse effect 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 following day, which could be a No Burn Day, 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 forecasted in a row.” Additionally, 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 effect on the NAAQS or on 

reasonable further progress (CAA § 110(l)).

c. Rule Stringency 

We believe the current 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 agricultural 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 strengthens 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 districts 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 fulfil 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 District to remove the exemption for residential burning of vegetative waste

from burn permit requirements and restrict residential burning activity to daytime hours (e.g., 

Monterey Bay Unified Air Pollution 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 Management District 

Regulation 5, San Joaquin Valley Unified Air Pollution Control District Rule 4103, and South 

Coast Air Quality Management 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-

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-approved basin-specific burn rules for LTAB and MCAB/SVAB listed 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 Recommendations on Agricultural Burning (dated February 

10, 2011).

9. PCAPCD Final Staff Report and Recommendations on Agricultural 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 from Ann Hobbs, PCAPCD, to Rynda Kay, EPA, November 13, 2012.