REGULATION 2
CHAPTER 1
RULE
2-100 - TITLE...............................................................................................
RULE 2-110
PURPOSE........................................................................................
RULE
2-120 ADMINISTRATION......................................................................
RULE
2-121 SEVERABILITY.............................................................................
RULE
2-130 GENERAL PROVISIONS.............................................................
RULE 2-130(a) -
Restrictions......................................................................
RULE 2-130(b)
Exemptions......................................................................
RULE 2-140 SMOKE MANAGEMENT PROGRAM......................................
RULE 2-140(a) Purpose............................................................................
RULE 2-140(b) Adoption and Amendments.............................................
CHAPTER 2
RULE 2-200 - DEFINITIONS.................................................................................
RULE 2-200(a1) - Agricultural Burning......................................................
RULE 2-200(a2) Air Quality Permit.........................................................
RULE 2-200(A3) - ARB...............................................................................
RULE 2-200(a3) - Approved Combustibles.................................................
RULE 2-200(b1)-
Black Acres.....................................................................
RULE 2-200(b2) - Brush Treated................................................................
RULE 2-200(b2) Burn Permit...................................................................
RULE 2-200(c1) - Cooking and Warming Fires..........................................
RULE 2-200(d1) - Designated Agency........................................................
RULE 2-200(f1) - Fire Hazard.....................................................................
(1) imminent...................................................................................
(2) potential....................................................................................
RULE 2-200(f2) -
RULE 2-200(i1) Inter-Agency Burn Permit.............................................
RULE 2-200(n1) - No Burn Day..................................................................
RULE 2-200(n2) -
RULE 2-200(o1) - Open Outdoor Fire.........................................................
RULE 2-200(p1) - Permissive Burn Day.....................................................
RULE 2-200(p2) - Prescribed Burning........................................................
RULE 2-200(r1) - Range Improvement Burning........................................
RULE 2-200(s1) - Silviculture......................................................................
RULE 2-200(s2) Smoke Management Plan.............................................
RULE 2-200(t1) - Timber Operations..........................................................
RULE 2-200(w1) - Wildland Vegetation
Management Burning................
TABLE
OF CONTENTS (continued)
CHAPTER 3
RULE 2-300 - PROCEDURES................................................................................
RULE 2-300(a) Open Outdoor Burning -
Agricultural.............................
RULE 2-300(b) - Open Outdoor Burning - Non
Agricultural.....................
RULE 2-301 AIR QUALITY PERMITS OPEN OUTDOOR BURNING........
RULE 2-301(a) Agricultural Burning........................................................
RULE 2-301(b) Single and Two family
Dwellings....................................
RULE 2-301(c) Property Development....................................................
RULE 2-301(d) Fire Hazard Reduction....................................................
RULE 2-301(e) Imminent Fire Hazard
Preemption.................................
RULE 2-302 SMOKE MANAGEMENT
PLANS...............................................
RULE 2-302(a) Applicability.....................................................................
RULE 2-302(b) Schedule...........................................................................
RULE 2-302(c) Fees..................................................................................
RULE 2-303 - BURN DAY
DETERMINATION..................................................
RULE 2-302(a) Method of Determination...............................................
RULE 2-302(b) Geographic Coverage.....................................................
RULE 2-302(c) Information Availability..................................................
RULE 2-302(d) Request for Advanced Notice........................................
RULE 2-302(e)
RULE 2-302(f) Cancellation of Permissive
Burn Notices.......................
RULE 2-304 DESIGNATED AGENCIES...........................................................
CHAPTER 4
RULE 2-400 - LIMITATIONS................................................................................
RULE
2-401 AGRICULTURAL BURNS............................................................
RULE 2-402 NON-AGRICULTURAL
BURNS.................................................
CHAPTER 5
RULE 2-500 - PROHIBITIONS..............................................................................
RULE 2-500(a) Prohibition from Burning on
No Burn Days...................
RULE 2-500(b) Prohibition from Burning
without a Permit.....................
RULE 2-500(c) Prohibition from Burning
without a Smoke
Management Plan...........................................................
RULE
2-501 - PENALTIES.....................................................................................
RULE 2-501(a) Violation of Regulations or
Permit Conditions..............
RULE 2-501(b) Unauthorized Outdoor Fires...........................................
RULE 2-501(c) Violation of an Order of
Abatement...............................
TABLE OF CONTENTS (concluded)
CHAPTER 6
RULE 2-600 OPEN OUTDOOR BURNING FEES
RULE 2-600(a) Open Outdoor Burning Permit
Fees...............................
RULE 2-600(b) Smoke Management Plan Fees......................................
RULE 2-600(c) Broadcast
RULE 2-610(a) Open Outdoor Burning Permit
Application Fee.............
RULE 2-610(b) Smoke Management Plan
Filing Fee.............................
RULE 2-610(c) Broadcast
RULE
2-620 LATE FEE PENALTIES.................................................................
APPENDIX A PARTICULATE EMISSIONS CALCULATIONS.................... Page A-1
PM-10 EMISSIONS CALCULATIONS FOR
PILES............................... Page A-1
PM-10 EMISSIONS CALCULATIONS FOR
PRESCRIBED
BURNING OF VARIOUS FUEL TYPES..................................... Page A-2
EMISSION FACTORS FOR PRESCRIBED
BURNING
OF VARIOUS VEGETATION TYPES......................................... Page A-3
CHAPTER 1
GENERAL PROVISIONS
These rules are adopted pursuant to the provisions of
Division 26 of the Health and Safety Code of the State of
[Ref: H&SC §40001(a), §41804(e), 41850 et. seq., CCR §80100, et. seq.]
The boundaries of the Mendocino County Air Quality
Management District are coterminous with the existing boundaries of
[Ref: MCAQMD Regulation 1, Rule 100]
These rules are set forth to achieve and
maintain such levels of air quality as will protect human health and safety;
prevent injury to plant and animal life; avoid damage to property; and preserve
the comfort, convenience and enjoyment of the natural attractions of the
Mendocino County Air Quality Management District and the
It is the intent of all air pollution control districts
and air quality management districts in the California North Coast Air Basin to
adopt and enforce rules and regulations which assure that reasonable provision
is made to achieve and maintain state and federal ambient air quality standards
for the area under their jurisdiction and to enforce all applicable provisions
of State law.
The procedures and restrictions set forth in
these rules and regulations shall be administered by the Mendocino County Air
Quality Management District within its area of jurisdiction as authorized by
Section 40002 of the Health and Safety Code; Chapter 3, Part 3, Division 26 of
said code; or by contractual agreements between districts in accordance with
the provisions of Section 40701 of said code, and further described in Section
90120 of Title 17 of the California Administrative Code.
The provisions of this Regulation are severable,
and, should any Section of this Regulation be held invalid, the remainder of
this Regulation shall not be affected thereby.
This Regulation prohibits the use of open outdoor fires within the Mendocino County Air Quality Management District with certain exceptions as outlined in Rule2-130(b), Exemptions.
The following restrictions are placed on open outdoor burning in the District:
(1) No person shall ignite or cause to be ignited or suffer, allow or maintain any open outdoor fire other than for the disposal of vegetative matter grown on the property where the burn is to occur.
(2) No person shall ignite or cause to be ignited or suffer, allow or maintain any open outdoor fire that contains;
(a) Unapproved combustibles as defined in Rule 2-200(u1).
(b) Any waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; putrescible wastes; tires; tar; tarpaper; non-natural wood waste; processed or treated wood and wood products; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; and fecal- and food-contaminated material.
[Ref: H&SC §41800, MCC §9.33.050, CUFC §1102.3.3, CCR
§93100 et. seq.]
(c) or material restricted by any other federal, state or local code, regulation, or law in effect within the Districts jurisdiction.
(3) Any person who intends to ignite or cause to be ignited or suffer, allow or maintain any open outdoor fire of piled fuel that contains poison oak (toxicodendron diversilobum) or oleander (nerium oleander) shall notify the District at least ten days in advance of ignition.
(a) The APCO may add additional specific burn permit conditions for individual fuel piles containing poison oak (toxicodendron diversilobum) or oleander (nerium oleander).
The following exemptions are noted to Rule 2-130(a), Restrictions
(1) Fires used only for the cooking of food for human consumption not for retail sale or fires used for recreational purposes or for warmth.
(2) Fires set or permitted by any public officer when such fire is necessary for any of the following purposes:
(a) Fires set for the prevention of an imminent fire hazard, as defined in Rule 2-200(f1)(1).
(b) Fires set for the instruction of public employees in the methods of fighting fires.
(c) Fires set for the instruction of employees in methods of fighting fire, when such fire is set pursuant to permit, on property used for industrial purposes.
(3) The setting of backfires necessary to save life, or valuable property pursuant to Public Resources Code, Section 4426.
(4) The abatement of fire hazards pursuant to Health & Safety Code, Section 13055 by any public agency authorized to engage in fire protection activities.
(5) Fires set for disease or pest prevention, where there is an immediate need for, and no reasonable alternative to burning as determined by the Mendocino County Agricultural Commissioner.
(6) Fires set in accordance with Chapter 3 - Procedures, of this Regulation, and subject to the restrictions and limitations of Rule 2-130(a) and Chapter 4 - Limitations, of this Regulation, and Health & Safety Code, Section 41804.5.
(7) Fires conducted in a mechanized burner subject to and under permit conditions specified by the District under Regulation 1 of the District.
(a) Purpose
The District shall conduct a smoke management program to meet the requirements of California Code of Regulations Title 17, Division 3, Chapter 1, Subchapter 2, Article 2, titled Air Quality Management District Smoke Management Program.
[Ref: CCR §80140ff]
(b) Adoption
The Air Quality Management District Smoke Management Program shall be adopted and amended by District Board resolutions.
[Ref: CCR §80145]
CHAPTER 2
DEFINITIONS
Except as otherwise specifically provided in these rules and
regulations, words used in these rules and regulations are used in exactly the
same sense as the same words are used in the Health and Safety Code of the
State of California, the Clean Air Act of 1977, and the Code of Federal Regulations
40
(a1) Agricultural Burning
Open outdoor fires used in agricultural operations in the commercial growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.
[Ref: H&SC §39011(a)]
(a2) Air Quality
Permit
A permit issued by an authorized agency for the open
outdoor burning of vegetative matter during the winter burning season for the
purpose of controlling smoke.
(a3) ARB
(a4) APCO
Air Pollution Control
(a5) Approved Combustibles
Brush, trees, and vegetation burned on the property where grown.
(b1) Black
Acres
Actual acres burned.
(b2) Brush Treated
Material to be burned that has been felled, crushed, or uprooted with mechanical equipment or is dead.
(b3) Burn Permit
A permit issued by an authorized agency for the open
outdoor burning of vegetative matter for the purpose of controlling fire
hazard.
(c1) Cooking and Warming Fires
Cooking and warming fires are fires smaller than four feet by four feet
square not containing any of the materials listed under Rule 2-130(a)(2)(b)
exclusive of natural wood and commercial camp and cooking fire products.
(d1) Designated Agency
Any agency designated by the ARB as having authority to issue agricultural burning permits.
(d2) District
The Mendocino County Air Quality Management District.
(f1) Fire Hazard
For purposes of this Regulation, there are two types of fire hazards, imminent and potential:
(1) An imminent fire hazard is described as a hazard which presents imminent dangers to the health and/or safety of a person or persons and which becomes necessary for direct prevention of fire, and because of its imminence, not considerable for abatement by any other means.
(2) A potential fire hazard is described as one which could in time present a hazard to the health and/or safety of a person or persons but which does not impose imminent fire danger and which is not abatable by any other means.
(f2)
The use of open fires, as part of a forest management practice, to remove forest debris or for forest management practices which include timber operations, silvicultural practices or forest protection practices.
(1)
(2)
(i1) Inter-Agency
Burn Permit
A permit issued by an authorized agency for the open
outdoor burning of vegetative matter for the purpose of controlling both fire
hazard and smoke.
(n1) No Burn Day
Any day on which agricultural burning is prohibited by the ARB or by the District.
(n2)
That area comprising the North Coast Unified Air Quality Management District, the Mendocino County Air Quality Management District, and the Northern Sonoma County Air Pollution Control District.
(o1) Open Outdoor Fire
Any combustion of combustible materials of any type, outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue.
(p1) Permissive Burn Day
Any day on which agricultural burning is not prohibited by the ARB or by the District.
(p2) Prescribed Burning
The planned application of fire to vegetation on lands selected in advance of such application, where any of the purposes of the burning are specified in the definition of agricultural burning.
(r1) Range Improvement Burning
The use of open fires to remove vegetation for a wildlife, game or livestock habitat or for the initial establishment of an agricultural practice on previously uncultivated land; or reestablishment of an agricultural practice on land inundated by flood deposited debris.
(s1) Silviculture
The establishment, development, care, and reproduction of stands of trees.
(s2) Smoke Management Plan
A District form specifying the conditions under which a prescribed burn may take place.
(t1) Timber Operations
Cutting and/or removal of timber or other forest vegetation.
(u1) Unapproved Combustibles
Any material other than vegetative matter, excepting poison oak and oleander, grown on the property where the burn occurs.
(w1) Wildland Vegetation Management Burning
The use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency.
CHAPTER 3
PROCEDURES
(a) Open Outdoor Burning Agriculture
With respect to the limitations of Rule 2-400, open outdoor fires may be allowed only for the disposal of approved combustibles only on permissive burn days in the following agricultural operations as defined in Rule 2-200:
(1) Agricultural
(2) Range Improvement
(3)
(4) Wildlife Management
(5) Wildland Vegetation Management
(b) Open Outdoor Burning Non-agriculture
Open outdoor fires may be allowed only for the disposal of approved combustibles on permissive burn days in the following non-agricultural operations as defined in Rule 2-200:
(1) Single or Two Family Dwellings yard cleaning
(2) Property Development
(3) Fire Hazard Reduction
(4) Right-of-Way Clearing
(5) Levee, Reservoir and Ditch clearing
Air Quality Permits may be required under any of the
conditions (a)-(d) listed below.
However, under all conditions permit requirements of the fire agency
having jurisdiction in the area of the burn must be met. Permits that may be required and/or issued by
the appropriate designated fire agency listed in Rule 2-304 acts as an Air
Quality Permit. Air Quality Permits
issued under these regulations are valid only for the period stated on the
permit, but in no case longer than one (1) year.
(a) Agricultural
Burning
Air Quality Permits are
required from the District for the disposal of brush, prunings, and other
vegetative matter on the property where grown.
(b) Single
and Two-family Dwellings
Air Quality Permits may be
required from the District for the disposal of brush, prunings, and other
vegetative matter on the property where grown.
(c) Property
Development
Permits are required from
the District for the disposal of brush, prunings, and other vegetative matter
on the property where grown.
(d) Fire
Hazard Reduction
Permits are required from
the District for the disposal of standing brush, grass, brush clearance, and
tree trimmings removed in compliance with local ordinances to reduce fire
hazard on the property where grown.
(e) Imminent Fire Hazard Preemption
The requirements for a permit under these regulations are preempted for the abatement of an imminent fire hazard as defined in Rule 2-200 (f1)(a) and pursuant to Health & Safety Code, Section 13055.
Open outdoor burning of vegetative matter under Rules 2-300(a) and (b) may require a Smoke Management Plan be prepared by the Permittee, approved by the District, and on file with the District.
(a) Applicability
(1) A Smoke Management Plan must be prepared on approved District forms and submitted to the District for any open outdoor burn or series of burns conducted under Rule 2-300(a) and planned for a given season on a given parcel of land if any one of the following conditions are met:
(a) The burn(s) is a broadcast burn and the burned area is expected to equal or exceed ten (10) acres.
(b) The fuel loading for the burn(s) is calculated by the procedures and formulae in Appendix A, or any other method approved by the APCO, to equal or exceed fifty (50) tons.
(c) The particulate emissions for the burn(s) is calculated by the procedures and formulae of Appendix A, or any other method approved by the APCO, to equal or exceed one (1) ton.
(2) A District after burn report must be filled out and submitted to the District for all burning conducted under a Smoke Management Plan meeting the conditions of Rule 2-302(a)(1) above by May 30 following each winter burn season.
(3) The responsible party for any wildfire ignited by human activity shall be notified by the District to file the after burn report required by the Smoke Management Program.
(a) The responsible party shall file the after burn report within 30 days of Notification by the District.
(b) Should the responsible party not be located, or fail to file the report within the allotted time the District shall gather the requisite information, and complete the report.
(c) When the responsible party is known, the District may bill the responsible party for District costs associated with completing the after burn report.
(b) Schedule
(1) The Permittee shall file the Smoke Management Plan required under Rule 2-302(a)(1) with the District at least thirty (30) days prior to the scheduled burn.
(2) The Permittee shall file that portion of the Smoke Management Plan required under Rule 2-302(a)(2) with the District within thirty (30) days after the scheduled burn.
(c) Fees
A Smoke Management Plan shall not be valid until all fees as specified in Rule 2-600 - Fees, et. seq., have been paid.
(a) Method
of Determination
Burn days will be determined
by the ARB Meteorological staff. The
procedures used will be those specified for the
(b) Geographic
Coverage
The Burn Day determination
will be made covering the entire Mendocino County Air Quality Management
District. However, the Air Pollution
Control
(c) Information
Availability
24-hour burn day information as to whether a day is a permissive burn day or a no-burn day shall be available on a dedicated telephone line.
(d) Request
for Advanced Notice
Upon request from a permit
holder through a designated agency in advance of a specific range improvement,
forest management or wildland vegetation management burn a permissive-burn or
no-burn notice may be issued by the ARB up to 48 hours prior to the date
scheduled for the burn. Without further
request, a daily notice will continue to be issued until a permissive-burn
notice is issued.
(e)
A permissive-burn or no-burn advisory outlook will be available up to 72 hours in advance of burns conducted under an approved Smoke Management Plan.
(f) Cancellation of Permissive Burn Notices
The ARB or the District may cancel permissive-burn notices that have been issued more than 24 hours in advance of a scheduled burn if the cancellation is necessary to maintain suitable air quality.
Burn permits meeting the requirements of Health and Safety Code, Section 41800 et seq. and issued by the following designated agencies for use within their areas of jurisdiction are valid Air Quality permits for the purpose of this Regulation:
Anderson Valley Community
Services District
Brooktrails Community
Services District
California Department of
Forestry
Covelo Fire Protection District
Little Lake Fire Protection
District
Long Valley Fire Protection
District
Mendocino County Air Quality
Management District
Potter Valley Community
Services District
Redwood Valley-Calpella Fire
Protection District
Ukiah Fire Department
Ukiah Valley Fire District
CHAPTER 4
LIMITATIONS
The following limitations, in addition to the
limitations of Rule 2-130(a) apply to all burning allowed by Rule 2-300
Procedures.
(a) The vegetative matter to be burned shall
be reasonably free of dirt, soil and excess moisture and, whenever possible,
shall be piled or windrowed in such a manner as to burn with maximum possible
heat intensity and minimum smoke.
(b) All open outdoor burning operations falling
within the scope of these procedures must provide for ignition of the fuel pile
by fuel blivets, drip torches, diesel sprayers, or other approved ignition
devices.
(c) The vegetative matter to be burned must
be ignited as rapidly as practicable within applicable fire control
regulations.
(d) The vegetative matter shall be free of
all unapproved combustibles as listed in Rule 2-130(a)(2).
(e) The vegetative matter shall be allowed
to dry for the following minimum time periods before burning:
(1) Trees and branches over
(2) Brush, vines, bushes, prunings and small branches shall be dried
15 days.
(3) Field crops and weeds shall be dried 7 days.
(f) The APCO will determine drying times for other materials.
(g) Minimum drying periods may be waived by the APCO only on
submittal of acceptable evidence that the material to be burned contains less
than 25 percent moisture.
(h) Burning of vegetative matter after shorter drying times may
be allowed by permit from the District only on submittal of acceptable proof
that the denial of such permit would threaten imminent and substantial economic
loss.
(i) With respect to range improvement burning, chemically
treated brush shall be aged at least 60 days prior to burning.
(j) All persons desiring to burn under the
provisions of Rule 2-300(a)(4) shall provide the
District with written certification from the Department of Fish and Game
stating that the burning is desirable and proper.
Burning conducted under the provisions of Rule
2-301(c) and 2-301(d) in addition to any applicable restrictions of Rule 2-401
- Agricultural Burns, shall provide for the following:
(a) All wood waste is to be free of material not grown at the
site.
(b) Chemically treated brush shall be aged at least
60 days prior to burning. .
(c) The vegetative matter shall
be allowed to dry for the following minimum time periods before burning:
(1) Trees and branches over
(2) Brush, vines, bushes, prunings and small branches shall be dried
15 days.
(3) Field crops and weeds shall be dried 7 days.
(d) Burning materials shall be constantly attended by a person familiar with the permit limitations restricting open outdoor burning.
(e) The APCO may prohibit burning on permissive burn days if smoke would be transported to a nearby populated area.
(f) The APCO may prohibit burning under the provisions of Rule 2-300 if the District determines that meteorological conditions could cause smoke to create or contribute to an exceedance of a state or federal air quality standard or cause a public nuisance.
(g) Burning under the provisions of Rule 2-300(a)(5) shall be limited to 5000 total acres daily basin-wide.
(h) Burning under the provisions of Rule 2-300(a)(5) shall be limited to 2000 total acres daily District-wide.
CHAPTER 5
ENFORCEMENT
(a) Prohibition From
Burning On No Burn Days
No person shall set, or allow to be set, any open outdoor fire on days when prohibited by the ARB, or by the District, unless, specifically exempted by the provisions outlined in Rule 2-130(b).
[Ref: H&SC §41854(a)]
(b) Prohibition From
Burning Without A Permit
No person shall set, or allow to be set, any open outdoor fire as may be allowed by Rule 2-301 and Rule 2-302 without a valid permit from a designated Fire Agency and/or the District as required in Rule 2-304.
[Ref: H&SC §41852]
(c) Prohibition From
Burning Without A Smoke Management Plan
No person shall set, or allow to be set, any open outdoor fire as may exceed the de minimus limits as established in Rule 2-302 Smoke Management Plans, without a valid Smoke Management Plan on file with the District.
[Ref: H&SC §41863]
(a) Violation of Regulations or Permit
Conditions
Any violation of the open outdoor burning requirements
stated in this regulation is a misdemeanor and is punishable by imprisonment in
the
[Ref: H&SC §42400]
(b) Unauthorized
Outdoor Fires
In addition to any penalties imposed under Rule 2-501(a) the cost of putting out any unauthorized open outdoor fire may be imposed on any person violating Rule 2-130(a) of this Regulation.
[Ref: H&SC §42400.5
(c) Violation of an Order of Abatement
Any person who intentionally or negligently violates any order of abatement issued by the District pursuant to Health & Safety, Section 42450, by the Hearing Board pursuant to Health & Safety Code, Section 42451, or by the state board pursuant to Health & Safety Code, Section 41505 shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day in which such violation occurs.
[Ref: H&SC §42401]
CHAPTER 6
FEES
The District shall implement the following annual fees associated with open outdoor burning:
[Ref: H&SC 40701.5(a)(3)]
(a) Open Outdoor Burning Permit Fees
(1) Every applicant for an air quality permit for open outdoor burning, including any federal, state or local government agency or public district, as required by the Rules and Regulations of the District or federal and state laws, shall pay a permit fee at the time of issuance in the amount prescribed in Rule 2-610.
(2) Fire Agencies authorized to issue Burn Permits or Inter-Agency Burn Permits under Rule 2-304 and who chose to issue such permits, may set their own fee schedule.
(a) Any fee requirement (or lack thereof) of a fire agency for the issuance of a Burn Permit or Inter-Agency Burn Permit by the fire agency listed under Rule 2-600(a)(2) is considered to be in lieu of the corresponding District Permit Fee.
(b) Smoke Management Plan Fees
Every person filing a Smoke Management Plan, including any federal, state or local government agency or public district, as required by the Rules and Regulations of the District or federal and state laws, shall pay a Smoke Management Plan filing fee at the time of filing in the amount prescribed in Rule 2-610.
(c) Broadcast
(1) Every person conducting a planned burn under a District approved Smoke Management Plan, including any federal, state or local government agency or public district, as required by the Rules and Regulations of the District or federal and state laws, shall pay a fee in the amount prescribed in Rule 2-610(c).
(2) Every person, including any federal, state or local government agency or public district, conducting a planned burn originally under the de minimus requirements for a Smoke Management Plan as required by the Rules and Regulations of the District or federal and state laws, and whose burn escapes and whose final extent exceeds the de minimus requirements for a Smoke Management Plan shall pay a fee in the amount prescribed in Rule 2-610(c).
(3) The District shall not charge a broadcast acreage fee and a fuel tonnage fee for the same fuel burned.
(a) The Air Pollution Control
(b) Escaped fires shall be charged as broadcast acreage burns for those blackened acres that extend beyond the original intended extent of the burn.
(a) Open Outdoor Burning Permit Application
Fee
(1) The Inter-Agency Burn Permit or Air Quality Permit Fee for Open Outdoor Burning shall be ten dollars ($10).
(2) No Inter-Agency Burn Permit or Air Quality Permit for Open Outdoor Burning issued by the District will be valid without an attached receipt, or stamp, or other official mark showing payment of fees.
(3)
(b) Smoke Management Plan Filing Fee
(1) The Smoke Management Plan Filing Fee shall be fifty dollars ($50).
(2) The Smoke Management Plan Filing Fee shall be paid at the time of filing of the Plan.
(3)
(c) Broadcast Acreage and Fuel Tonnage
Emissions Fee
(1) The Broadcast Acreage Burn Fee for a given Smoke Management Plan shall be fifty cents ($0.50) per black acre, not to exceed two hundred fifty dollars ($250) per year.
(2) The Fuel Tonnage Burn Fee shall be three cents ($0.03) per ton of fuel burned not to exceed two hundred fifty dollars ($250) per year.
(3) Broadcast Acreage and Fuel Tonnage Burn Fees are due and payable with the filing of Part D Post Burn Evaluation, of the Smoke Management Plan.
(4)
(5)
(1) Any fee imposed under Regulation 2 that is not paid within fifteen (15) days of billing shall be increased by one and one half the amount thereof, and the District shall promptly notify the Permittee by mail of the increased fee.
(2) If the increased fee is not paid within thirty (30) days of notice the permit shall be immediately suspended and the District shall so notify the Permittee by mail.
(3) Any suspended permit may be reinstated only upon payment in full of all accrued fees and penalties.
(4) No new permit shall be issued to any permittee without payment of all past accrued fees and penalties.
(5) The assessment of a late fee penalty shall not limit the Districts right to pursue any other remedy provided for by law.
APPENDIX A
FOR SMOKE MANAGEMENT PLANS
1. Choose the pile size most
representative of the piles on your burn site.
2. Multiply the number of
piles in your project with the corresponding Tons of PM10/Pile value to get
the total PM-10 tonnage.
PM10 EMISSIONS FOR SPECIFIED PILE SIZES |
||
PILE
SIZE (in feet) |
PILE
TONNAGE |
|
|
0.056 |
0.0005 |
|
0.12 |
0.001 |
|
0.21 |
0.002 |
|
0.45 |
0.004 |
|
0.71 |
0.007 |
|
1.3 |
0.01 |
|
2.1 |
0.02 |
|
4.7 |
0.04 |
|
7.4 |
0.07 |
|
29 |
0.3 |
Pile Tonnage
calculated using paraboloid volume formula multiplied by 30 lbs/cu.ft,
multiplied by 0.2 packing ratiob |
||
U.S. Forest Service's
Conformity Handbook, Table 6 -- PM10 Emissions Factor of 19.0 pounds/ton of
fuel burned - average pile and burn slash |
||
Revised |
a. Formula used for Paraboloid Volume (cu.
ft.) = 3.1416 x [height x (diameter)2]/8 (see Reference b. below).
b. USDA (2/1996). Forest Service General Technical Report. Report Number:
Table 2
Section 80160 (b) of
Subchapter 2 Smoke Management Guidelines for Agricultural and Prescribe
Burning, Title 17, California Administrative Code states, requires the
submittal of smoke management plans for all burn projects greater than
Information needed for PM 10 Calculations:
a.
VT = Vegetation
type
b.
ACRES VT =
Estimated number of acres for VT
c.
FL est. =
Estimated fuel loading in VT
d.
EV = PM10
emission/ton of fuel
Calculating PM10 Emissions
from Prescribed Burning of multiple vegetation types:
PM10
ton(s) emissions per VT = (number of acres VT) (FL tons per acre) (Emission
Value (EV)) = _________
ton(s)/VT
PM10
ton(s) emissions per VT = (number of acres VT) (FL tons per acre) (Emission
Value (EV)) = _________
ton(s)/VT
Sum
Total is the Estimated PM 10 for the project =
_________ ton(s)/project
VEGETATION TYPE(S) ACRES
(VT) x FL
est. x EV1 PM10 EMISSIONS (ton(s))
Basing Sage/Low Sage ( _____ ) x ( _____ )
x (0.010) = ___________
Ceanothus ( _____ ) x ( _____ )
x (0.010) = ___________
Chamise ( _____ ) x ( _____ )
x (0.009) = ___________
Giant Sequoia ( _____ ) x ( _____ )
x (0.007) = ___________
Grass/Forb ( _____ ) x (
_____ ) x (0.007) = ___________
Hackberry Oak ( _____ ) x ( _____ )
x (0.005) = ___________
Hardwood (Stocked) ( _____ ) x ( _____ )
x (0.003) = ___________
Hardwood (Non-stocked) ( _____ ) x ( _____ )
x (0.003) = ___________
Jeffrey Pine/Knobcone ( _____ ) x ( _____ )
x (0.007) = ___________
Live Oak (Canyon) ( _____ ) x (
_____ ) x (0.007) = ___________
Live Oak (Interior)
( _____ )
x ( _____ ) x (0.007) = ___________
Lodgepole Pine ( _____ ) x ( _____ )
x (0.007) = ___________
Manzanita (Productive Brush) ( _____
) x ( _____ ) x (0.009) = ___________
Mixed Chaparral/Montane ( _____ ) x ( _____ )
x (0.008) = ___________
Mixed Conifer ( _____ ) x ( _____ )
x (0.006) = ___________
Oak (Black) ( _____
) x ( _____ ) x (0.005) = ___________
Oak (Blue) ( _____ ) x ( _____ )
x (0.003) = ___________
Oak (White) ( _____
) x ( _____ ) x (0.003) =
___________
Pinyon Pine ( _____ ) x ( _____ )
x (0.007) = ___________
Ponderosa Pine, Gray Pine ( _____ ) x ( _____ )
x (0.007) = ___________
Red Fir ( _____ ) x ( _____ )
x (0.007) = ___________
Wet Meadow ( _____ ) x ( _____ )
x (0.004) = ___________
Willow ( _____ ) x ( _____ )
x (0.007) = ___________
Sum Total of the Estimated PM10 for the project in tons/project = ___________
1. See Table
3 on next page for values used to calculate EVs.
2. For
vegetation types not listed, contact Air District for assistance with
determining appropriate emission factors.
Table 3
Estimated PM10 emission
values for various vegetation types = (% combustion) x
(PM10 emission lbs/ton) x (1 ton/2000 lbs)*
PM
Emissions PM10 EMISSION VALUE
VEGETATION
%Combustion (lbs/ton fuel)
Coversion
Factor (PM10 lbs emissions/ton
fuel)
Basing
Sage/Low Sage = (1.0) x (20.17
lbs/ton) x (1 ton/2000 lbs) = 0.010
Ceanothus = (1.0) x (20.17
lbs/ton) x (1 ton/2000 lbs) = 0.010
Chamise = (0.9) x (20.17
lbs/ton) x (1 ton/2000 lbs) = 0.009
Giant
Sequoia = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Grass/Forb = (1.0) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.007
Hackberry
Oak = (0.4) x (25
lbs/ton) x (1
ton/2000 lbs) =
0.005
Hardwood
(Stocked) = (0.4) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.003
Hardwood
(Non-stocked) = (0.4) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.003
Jeffrey
Pine/Knobcone = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Live
Oak (Canyon) = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Live
Oak (Interior) = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Lodgepole Pine = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Manzanita (Productive Brush) = (0.9) x (20.17
lbs/ton) x (1 ton/2000 lbs) = 0.009
Mixed
Chaparral/Montane = (0.8) x (20.17
lbs/ton) x (1 ton/2000 lbs) =
0.008
Mixed
Conifer = (0.6) x (20.5
lbs/ton) x (1 ton/2000 lbs) = 0.006
Oak
(Black) = (0.4) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.005
Oak
(Blue) = (0.4) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.003
Oak
(White) = (0.4) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.003
Pinyon Pine = (0.6) x (22
lbs/ton) x (1 ton/2000 lbs) = 0.007
Ponderosa
Pine, Gray Pine = (0.6) x (25
lbs/ton) x (1 ton/2000 lbs) = 0.007
Red
Fir = (0.6) x (23.1
lbs/ton) x (1
ton/2000 lbs) = 0.007
Wet
Meadow = (0.6) x (15
lbs/ton) x (1 ton/2000 lbs) = 0.004
* Percent
combustion and PM10 emission factors for various fuel types derived from Table
8, Section 6, Air Quality Conformity Handbook
from the USDA-Forest Service Air Resources / Fire Management Pacific
Southwest Region dated November 1995.
** These are the vegetations
estimated emissions values(EV) from the vegetation
type as determined above to be use when the burn operator provides the
vegetations fuel loading estimate per acre.
*** For additional information on emissions factors, see EPA document
AP-42: Compilation of Air Pollutant
Emission Factors. Volume
1: Stationary Point and Area Sources,
Fifth Edition, AP-42, January 1995,