SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT

RULE 501 - AGRICULTURAL BURNING
(Adopted 9-13-71; Amended 1-14-74, 2-5-75, 9-15-75, 6-1-76, 8-3-77, 12-6-78, 10-22-85, 4-3-97)


INDEX

100 GENERAL

200 DEFINITIONS

300 STANDARDS

400 ADMINISTRATIVE REQUIREMENTS

500 MONITORING AND RECORDS (NOT INCLUDED)


100 GENERAL

101 PURPOSE: To reduce air pollution through the regulation of agricultural burning.

110 SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this rule is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

200 DEFINITIONS

201 AGRIBUSINESS: The growing of crops or the raising of fowl or animals for the primary purpose of:

202 AGRIBUSINESS WASTE:

203 AGRIBUSINESS-RELATED WASTE:

204 AGRICULTURAL BURNING: Open outdoor fires:

205 AGRICULTURAL BURNING PERMIT: A permit issued pursuant to Section 402 that authorizes a permit holder to conduct agricultural burning.

206 AGRICULTURAL BURNING PLAN: A document that:

207 ALLOW AGRICULTURAL BURNING: For the purposes of this rule, a person shall be deemed to have allowed agricultural burning if such burning:

208 APPROVED IGNITION DEVICE: Any instrument or material that will ignite agricultural burning, where the instrument or material produces a flame, but does not produce black smoke, and the flame is then used for ignition. This includes flares or burners fueled by liquid petroleum gas, butane, or propane, or other similar instruments or materials approved by the Air Pollution Control Officer. This does not include tires or tar-containing materials.

209 DESIGNATED AGENCY: Any agency, including the District, designated by the State Board as having authority to issue agricultural burning permits and special permits. For the purposes of this section, the Air Pollution Control Officer shall act on behalf of the District.

210 FOREST MANAGEMENT: Forestry practices including:

211 IMMINENT AND SUBSTANTIAL ECONOMIC LOSS: The loss of a planting season or irreparable harm to a crop.

212 IRRIGATION SYSTEM: A system, including river levees, for the delivery of water for the following purposes:

213 IRRIGATION SYSTEM MANAGEMENT: The operation and maintenance of an irrigation system, including, but not limited to, disease and pest prevention, weed abatement, and levee maintenance.

214 NO-BURN DAY: Any day on which agricultural burning is prohibited by the State Board or the Air Pollution Control Officer.

215 OPEN OUTDOOR FIRE: Any combustion of combustible material of any type that occurs outdoors and is not in any enclosure. In addition, the products of such combustion are not directed through a flue.

216 PAPER CONTAINERS OF AGRICULTURAL CHEMICALS: Sacks or other receptacles that are:

217 PERMIT HOLDER: A person who has applied for and received from the designated agency approval or conditional approval of an agricultural burning permit or a special permit.

218 PERMISSIVE BURN DAY: Any day other than a no-burn day.

219 POPULATED AREA: Any territory in the District that is within:

220 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 in Section 204.

221 PRE-TREATED: Felled, cut, crushed, uprooted, desiccated with herbicides, or dead.

222 RANGE IMPROVEMENT: The removal of vegetation for a wildlife, game, or livestock habitat improvement; or for the initial establishment of an agricultural practice on previously uncultivated land.

223 SENSITIVE RECEPTOR: A school, day care facility, hospital, health care facility, convalescent home, senior residence facility, park, or similar land use identified by the Air Pollution Control Officer.

224 SPECIAL PERMIT: An agricultural burning permit issued pursuant to Section 402 that authorizes agricultural burning (pursuant to Sections 304.1, 305.5, 306.5, or 310.2) not otherwise authorized by this rule or by the State Board.

225 STATE BOARD: The California Air Resources Board or any person authorized to act on its behalf.

226 TIMBER OPERATIONS: The cutting or removal of timber or other forest vegetation.

227 WILD LAND VEGETATION MANAGEMENT: The use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral (as defined in Title 14, California Code of Regulations, Section 1561.1), trees, grass, or standing brush.

300 STANDARDS

301 BURNING PROHIBITION ON NO-BURN DAYS: A person shall not ignite, conduct, or allow agricultural burning on a no-burn day, except as authorized by Section 304 or 312.2.

302 BURNING PERMIT REQUIREMENT:

303 PERMIT CONDITIONS OF APPROVAL: Any person who ignites, conducts, or allows agricultural burning shall comply with the conditions of approval set forth in the agricultural burning permit or the special permit authorizing the burn.

304 AGRICULTURAL BURNING ON A NO-BURN DAY:

305 STANDARDS FOR ALL TYPES OF AGRICULTURAL BURNING: Except as indicated, the following requirements pertain to all types of agricultural burning identified in Section 204:

306 SPECIFIC STANDARDS FOR BURNING AGRIBUSINESS WASTE AND AGRIBUSINESS- RELATED WASTE:

Type of Material to Be Burned

Minimum Drying Period Prior to Burning

Trees, tree stumps, and large branches greater than 6 inches in diameter

6 weeks

Prunings and small branches less than or equal to 6 inches in diameter, vines, or bushes

3 weeks

Dry grass and dry cereal stubble or straw—other than rice straw

0 days

Post-harvest rice straw that has been spread

3 days

Post-harvest rice straw that has been rowed

10 days

Post-harvest rice straw that passes the crackle test in Section 306.3

0 days

Post-harvest spread or rowed rice straw at the end of a rain greater than 0.15 inches

As much time as is necessary for the straw to pass the crackle test in Section 306.3.

Residue from field crops cut in a green condition

3 days

Other materials or burning for disease and pest prevention

As much time as the designated agency determines is necessary to assure rapid and complete combustion with a minimum of smoke.

307 SPECIFIC STANDARDS FOR FOREST MANAGEMENT BURNING:

308 SPECIFIC STANDARDS FOR RANGE IMPROVEMENT BURNING: Range improvement burning shall be authorized as follows:

309 SPECIFIC STANDARD FOR BURNING TO IMPROVE LAND FOR WILDLIFE AND GAME HABITAT: If agricultural burning is done primarily to improve land for wildlife habitat or game habitat, the permit holder shall file with the designated agency a statement from the Department of Fish and Game certifying that the burn is desirable and proper.

310 SPECIFIC STANDARDS FOR IRRIGATION SYSTEM MANAGEMENT BURNING:

311 SPECIFIC STANDARDS FOR WILD LAND VEGETATION MANAGEMENT BURNING: Open outdoor fires undertaken to facilitate wild land vegetation management shall comply with the following wild land vegetation management burning requirements:

312 SPECIFIC STANDARDS FOR BURNING EMPTY PAPER CONTAINERS OF AGRICULTURAL CHEMICALS:

400 ADMINISTRATIVE REQUIREMENTS

401 PERMIT APPLICATION INFORMATION: Persons applying for either an agricultural burning permit or a special permit required by this rule shall provide the following information to the designated agency:

402 BURNING PERMITS:

403 PERMIT STATEMENT: The District's agricultural burning permit form or special permit form shall contain the following statement: "Except as otherwise specified by the Sacramento Metropolitan Air Quality Management District's Rule 501—AGRICULTURAL BURNING, this permit is valid only on those days during which agricultural burning is not prohibited by the California Air Resources Board or by the Air Pollution Control Officer of the Sacramento Metropolitan Air Quality Management District."

404 REQUEST FOR ADVANCE NOTICE:

405 PERMIT SUSPENSION/REVOCATION: A permit approved pursuant to this rule may be suspended or revoked in accordance with the same provisions as those for stationary sources in Division 26, Part 4, Chapter 4, Article 1, of the California Health and Safety Code.

406 FORWARDING PERMIT INFORMATION: A designated agency shall forward the permit information received from applicants to the Air Pollution Control Officer upon request.

407 FIRE PROTECTION AGENCY MANDATES: All agricultural burning authorized pursuant to this rule shall be subject to any requirements, restrictions, or prohibitions of the fire protection agency having jurisdiction over the burn site.