BAY AREA AIR QUALITY MANAGEMENT DISTRICT

REGULATION 5 - OPEN BURNING

INDEX

5-100 GENERAL

5-101 Description

5-110 Exemptions

5-111 Conditional Exemptions

5-200 DEFINITIONS

5-201 Agricultural Fire

5-202 Fire

5-203 Flue

5-204 Gainful Occupation

5-205 Deleted December 19, 1990

5-206 Permissive Burn Day

5-207 Treated Brush

5-208 Hazardous Material

5-209 Public Fire Official

5-210 Contraband

5-211 Contaminated Waste

5-212 Stubble

5-213 Prescribed Burning

5-214 Backfiring

5-215 Stripfiring

5-216 'X' or Crossfiring

5-217 Property

5-218 APCO

5-219 ARB

5-220 District

5-300 STANDARDS

5-301 Prohibition of Fires

5-400 ADMINISTRATIVE REQUIREMENTS

5-401 Allowable Fires

5-402 Deleted November 2, 1994

5-403 Agricultural Land Use

5-404 Emergency Waivers

5-405 Waste Propellant, Explosive and Pyrotechnic Compliance Schedule

5-406 Prior District Notification; Disease and Pest, Fire Training, Flood Control, Irrigation Ditches, Range Management, Hazardous Material, and Contraband

5-407 Deleted November 2, 1994

5-408 Prescribed Burn Requirements

5-409 Filmmaking Burn Petition

5-500 MONITORING AND RECORDS

5-501 Open Burning Records

5-600 MANUAL OF PROCEDURES

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" Test

REGULATION 5

OPEN BURNING

5-100 GENERAL

5-101 Description: This Regulation forbids open burning within the District with certain exceptions. (Amended November 2, 1994)

5-110 Exemptions: The following fires are exempt from this Regulation:

110.1 Fires set only for cooking of food for human beings. Fires set for recreational purposes using only clean dry wood or charcoal, and a small amount of firestarter.

110.2 Fires burning as safety flares or for the combustion of waste gases.

110.3 The use of flame cultivation when the burning is performed with LPG or natural gas-fired burners designed and used to kill seedling grass and weeds in orchards, vineyards and field crops and the growth is such that the combustion will not continue without the burner.

110.4 Fires set for the purposes of fire training using one gallon or less of flammable liquid per fire. (Amended December 19, 1990; November 2, 1994)

5-111 Conditional Exemptions: The following special conditions must be met for fires allowed by Sections 401.1 through 401.18 unless specifically exempted or further restricted in that Section, and shall be complied with during any burning permitted under those Sections.

111.1 No burning shall take place before sunrise.

111.2 No additional materials or fuel shall be ignited nor shall any material or fuels be added to any fire after two hours before sunset.

111.3 No material or fuel shall be ignited, nor shall any material or fuel be added to any fire when the wind velocity is less than five (5) miles per hour except for crossfiring, or when the wind direction at the site shall be such that the direction of smoke drift is toward a populated area in order to minimize local nuisances caused by smoke and particulate fallouts.

111.4 All piled material shall have dried for a minimum of 60 days prior to ignition.

111.5 All material to be burned shall be reasonably free of dirt or soil.

111.6 Piled material shall be limited to a base area not to exceed 25 square yards and the height shall be at least 2/3 of the average width of the pile.

111.7 Ignition material shall be limited to those listed by the State Director of Forestry, as follows: orchard torches; drip torches; pressurized diesel torches; propane or LPG torches; commercial petroleum gel materials, pressurized or solid (napalm or blivets); commercial safety fuses; commercial type ignition grenades, e.g. Fenner, etc.; fuses; commercial fuse lighters and matches. All fires shall be ignited so as to burn as rapidly as possible within conditions of safety and minimum pollution.

111.8 Ignition shall be initiated at or near the top of the piled material. No additional material, except ignition material, shall be added to the fire.

111.9 Tonnage, volume or acreage of material burned on any given day and/or at any specified site is subject to limitations set by the APCO, but may not exceed any limits set by the ARB. (Amended December 19, 1990; November 2, 1994)

5-200 DEFINITIONS

5-201 Agricultural Fire: A fire used for the purpose of initiating, continuing or maintaining agriculture as a gainful occupation. Fuels are limited to materials grown on the site and shall not include feed or fertilizer containers, finished or treated wood , plastic or rubber products, plumage, hides, fur, offal or fecal material or refuse from plant or animal processing other than from initial crop harvesting, pruning or attrition of forest, fruit and nut trees, vines and cane crops. (Amended November 2, 1994)

5-202 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.

5-203 Flue: Any duct or passages for air, gases, or the like, such as a stack or chimney.

5-204 Gainful Occupation: Any occupation from which there is proof of gross profit or loss as evidenced by tax receipts, sales slips or other such documents.

5-205 Deleted December 19, 1990

5-206 Permissive Burn Day: Any day that is so declared by the APCO when, in his opinion, air pollution caused by open burning will not adversely affect ambient air quality or downwind population. In declaring such permissive burn days, the meteorological criteria established by the ARB for the San Francisco Bay Area Air Basin shall be used as a guideline. (Amended November 2, 1994)

5-207 Treated Brush: Material which has been felled, crushed or uprooted with mechanical equipment, or has been desiccated with herbicide.

5-208 Hazardous Material: For purposes of this Regulation, combustible or flammable material which may pose a fire or explosion hazard including natural vegetation or other native growth cleared away to maintain a firebreak around any building or structure to comply with Section 4291 of the State Public Resources Code to reduce the risk of a wildfire. This term does not apply to waste propellants, explosives, pyrotechnics and their associated contaminated wastes regulated under subsection 5-401.14. (Adopted March 17, 1982; Amended December 19, 1990; November 2, 1994)

5-209 Public Fire Official: An officer of a public agency charged with the responsibilities of setting or allowing fires. Public fire official includes but is not limited to, local, state, and federal officers. (Adopted December 19, 1990)

5-210 Contraband: Any illegal or prohibited good that has been confiscated by a public law enforcement agency, including but not limited to explosives, pyrotechnics and illegal drugs. (Adopted December 19, 1990; Amended November 2, 1994)

5-211 Contaminated Waste: For the purposes of this regulation, material which becomes contaminated during the manufacture of propellants, explosives and pyrotechnics, including but not limited to articles of clothing, plastic implements and sheeting. (Adopted December 19, 1990)

5-212 Stubble: The remaining stalk, stem, or trunk of a herbaceous plant or cereal grass (primarily oats, wheat and hay) after harvest of a field crop. (Adopted November 2, 1994)

5-213 Prescribed Burning: The planned, controlled application of fire to vegetation to achieve a specific natural resource management objective(s) on land areas selected in advance of that application. The fire is conducted within the limits of a burn plan and prescription that describes both the acceptable range of weather, moisture, fuel, and fire behavior parameters to achieve the desired effects. (Adopted November 2, 1994)

5-214 Backfiring: A field crop burn ignition technique where the fire is ignited at the downwind side of the burn area, so that the fire must burn into the wind towards the fuel source. (Adopted November 2, 1994)

5-215 Stripfiring: A field crop burn ignition technique where the fire is ignited in parallel strips by walking straight through the burn area into the wind. Adopted November 2, 1994)

5-216 'X' or Crossfiring: A field crop burn ignition technique where the fire is ignited in two semi-circle arch patterns that almost intersect in the middle of the burn area. The first fire is lit by walking into the wind from the downwind side. The second fire is lit by walking with the wind from the headwind side of the field. This technique is used during light (less than five miles per hour) and variable winds only. (Adopted November 2, 1994)

5-217 Property: A single parcel of real property, as determined by the County Assessor. The term also includes contiguous parcels under the same ownership. (Adopted November 2, 1994)

5-218 APCO: The Air Pollution Control Officer of the Bay Area Air Quality Management District or the designee thereof. (Adopted November 2, 1994)

5-219 ARB: The Air Resources Board of the State of California.(Adopted November 2, 1994)

5-220 District: The Bay Area Air Quality Management District. (Adopted November 2, 1994)

5-300 STANDARDS

5-301 Prohibition of Fires: Except as provided in this regulation:

301.1 A person shall not ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any fires within the District.

301.2 No burning shall take place within the District on other than a permissive burn day. (Amended November 2, 1994)

5-400 ADMINISTRATIVE REQUIREMENTS

5-401 Allowable Fires: The following fires may be allowed on permissive burn days:

401.1 Disease and Pest: Fires set for the purpose of disease and pest prevention. The fire must be set or allowed by the Agricultural Commissioner of the County in the performance of official duty. Prior reporting pursuant to Section 5-406 must be made to the APCO, by the person setting the fire. (Amended December 19, 1990; November 2, 1994)

401.2 Crop Replacement: Agricultural fires set for the purpose of establishing an agricultural crop in a location which formerly contained another type of agricultural crop or natural growth. The fire must be set or allowed by the public fire official having jurisdiction, in the performance of official duty, and must be necessary for the crop replacement to proceed. Fires are limited to a period beginning October 1 and ending April 30; however, upon the determination of the APCO that heavy winter rainfall has prevented such burning, the burn period may be extended to no later than June 30. (Amended December 19, 1990; November 2, 1994)

401.3 Orchard Pruning and Attrition: Agricultural fires set for the purpose of disposal of periodic prunings and attrition losses from fruit trees, nut trees, vineyards and cane fruits. Fires must be set or allowed by the public fire official having jurisdiction, in the performance of official duty, and must be necessary to maintain and continue the growing of the fruit trees, vineyards and cane fruits as a gainful occupation. Fires are limited to a period beginning November 1 and ending April 30; however, upon the determination of the APCO that heavy winter rainfall has prevented such burning, the burn period may be extended to no later than June 30. (Amended March 15, 1981; December 19, 1990; November 2, 1994)

401.4 Double Cropping Stubble: Agricultural fires set for the purpose of disposal of grain stubble from agricultural land from which both grain and vegetable crops are harvested during the same calendar year. Fires must be set or allowed by a public fire official having jurisdiction, in the performance of official duty, and must be necessary to remove the grain stubble and straw before a field vegetable crop can be planted. All material to be burned shall be free of visible surface moisture. No fires shall take place before 10:00 a.m. local time on any day. Fires are limited to a period beginning June 1 and ending August 31. (Amended December 19, 1990; November 2, 1994)

401.5 Stubble: Agricultural fires set for the purpose of disposal of stubble and straw. Fires must be set or allowed by a public fire official having jurisdiction, in the performance of official duty, and must be necessary to maintain and continue the growing of field crops as a gainful occupation. Fire ignition techniques shall be limited to backfiring, stripfiring, and 'X' or crossfiring unless an alternate technique is approved by the APCO where a specific field condition is determined not to lend itself to these techniques in a given year. All material to be burned shall be free of visible surface moisture. After 0.15 inches or more rainfall, the material must pass the "crackle" test pursuant to Section 5-601 prior to burning. No fires shall take place before 10:00 a.m. local time on any day. Fires are limited to a period beginning September 1 and ending December 31. Outside of Sonoma County, no more than 100 acres of any property shall be burned in a single day. Within Sonoma County, no person shall conduct a burn without a prior acreage burning allocation from the APCO and no more than 500 acres total of all properties shall be burned in a single day. In addition, no more than 100 acres of any property shall be burned in a single day. If by 12:00 p.m. the daily 500 acre burn acreage limitation has not been allocated, up to 200 acres of any property may be burned in a single day provided :

a. the additional acreage burning allocation has been approved by the APCO; and

b. no more than two fields exceeding 100 acres total are burned simultaneously on the same property. (Amended December 19, 1990; November 2, 1994)

401.6 Hazardous Material: Any fires set for the purpose of the prevention or reduction of a fire hazard, including the disposal of dangerous materials. The fires must be set or allowed by any public fire official, in the performance of official duty. The fire must, in the opinion of such officer, be necessary, and the fire hazard not able to be abated by any other means. However, fires may be conducted to dispose of materials to comply with Section 4291 of the Public Resources Code provided all of the following conditions are satisfied:

a. only natural vegetation or other native growth may be burned;

b. the amount of material to be burned shall be greater than 5 cubic yards cleared annually from a single property;

c. the material is burned where it was grown without being moved to a different location unless approved by the APCO;

d. available alternatives to burning such as shredding, chipping, composting, disking, plowing, and harrowing are not feasible; and

e. the material, if ignited accidently, would result in a fire of such magnitude as to immediately threaten life or adjacent improved property or resources and require an excessive fire suppression effort.Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended December 19, 1990; November 2, 1994)

401.7 Fire Training: Fires set for the purpose of instruction of either public or industrial employees in fire fighting methods. The fire must be set or allowed by the public officer having jurisdiction, and must be, in his opinion, necessary. Notwithstanding contrary provisions of Section 5-111, a fire fighting agency may set one fire per quarter calendar year for the purpose of training volunteer or seasonal fire fighters. This may be done on other than a permissive burn day if the APCO is notified at least two weeks in advance. Prior reporting pursuant to Section 5-406 must also be made to the APCO for other fire training by the person setting the fire. (Amended December 19, 1990; November 2, 1994)

401.8 Flood Debris: Fires set for the purpose of removing wood and vegetation debris deposited by flood waters. The fire must be set or allowed by the public fire official having jurisdiction, in the performance of official duty, and must be necessary for the continuing or maintaining of agriculture as a gainful occupation. Fires are limited to a period beginning October 1 and ending May 31. (Amended December 19, 1990; November 2, 1994)

401.9 Irrigation Ditches: Fires set for the purpose of controlling growth of vegetation in irrigation ditches and canals. The fire must be set or allowed by a public fire official having jurisdiction, in the performance of official duty, and must, in the opinion of such officer, be necessary. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended December 19, 1990; November 2, 1994)

401.10 Flood Control: Fires set for the purpose of disposal of material which is lying or growing within natural channels or flood control channels. The fire must be set or allowed by a public official in charge of flood control activities. The fire must, in the opinion of such official, be a necessary incident to the clearing and maintenance of water courses and flood control channels for preventing or eliminating a flood hazard. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended December 19, 1990; November 2, 1994)

401.11 Range Management: Fires set for the purpose of range management and grazing. The fire must be set or allowed by the State Director of Forestry, or public fire official, and must be necessary to maintain and continue the grazing of animals as a gainful occupation. Brush to be burned shall be treated at least six months prior to burn if determined to be technically feasible by the State Director of Forestry or public fire official. Unwanted trees over 6 inches in diameter shall be felled prior to burn and dried for a minimum of six months. Feasibility shall be subject to the approval of the APCO. Sections 5-111.1 and 5-111.6 may be waived by the State Director of Forestry or fire official when determined necessary in the public interest. Fires are limited to a period beginning July 1 and ending April 30. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire.(Amended December 19, 1990; November 2, 1994)

401.12 Forest Management: Fires set for the purpose of removing forest debris and for forest management. The fire must be set or allowed by a public fire official having jurisdiction, in the performance of official duty, and must, in his opinion, be necessary. Sections 5-111.1 and 5-111.6 may be waived by the fire official when deemed necessary in the public interest. All materials shall be piled or windrowed unless deemed poor practice by the fire official. Fires are limited to a period beginning November 1 and ending April 30. (Amended December 19, 1990; November 2, 1994)

401.13 Wildlife Management: Fires set for the purpose of improvement of lowland and marsh for wildlife and game habitat. The fire must be declared necessary by the California Department of Fish and Game. No such fire may be allowed on a given piece of land more than once in any 2 year period. The California Department of Fish and Game shall provide the APCO such information as may be deemed necessary by the APCO to verify the necessity of each burn and land area burning frequencies. No fires shall take place before 10:00 a.m., nor shall fires take place or any material added to an existing fire after 3:00 p.m. local time on any day. Fires are limited to a period beginning February 1 and ending March 31, and a period beginning September 1 and ending October 15; however, upon the determination of the APCO in consultation with the California Department of Fish and Game and the Solano County Mosquito Abatement District, that heavy winter rainfall has prevented such burning, the burn period beginning February 1 and ending March 31 may be extended to no later than June 30. Outside of the Suisun Resource Conservation District (SRCD), no more than 100 acres of any property shall be burned in a single day. For fires conducted within the boundries of the SRCD:

a. no person shall conduct a burn without a prior acreage burning allocation from the Solano County Sheriffs' Dispatch;

b. during the Fall burning period, total daily acreage to be burned shall be determined by the APCO, but in no case shall the total allocation exceed 300 acres. In addition, no more than 100 acres of any property and no more than 100 acres of all properties designated by the same SRCD hundred-series ownerships shall be burned;

c. during the Spring burning period, no more than 600 acres total of all properties shall be burned in a single day. (Amended March 15, 1981; May 20, 1981; August 3, 1983; November 2, 1994)

401.14 Waste Propellants, Explosives and Pyrotechnics: Until January 1, 1997, fires set for the purpose of disposing of waste propellants, explosives, or pyrotechnics including associated contaminated wastes generated at manufacturing facilities shall be allowed. The fires must be set or allowed by the public fire official having jurisdiction, in the performance of official duty. The fires must be necessary and the waste not able to be disposed of by any means other than open burning. No material shall be imported from off-site for disposal. The total combined amount of waste material burned per facility shall not exceed 24,000 pounds (12 tons) in calendar year 1995 and 20,000 pounds (10 tons) in calendar year 1996. In addition, the total combined amount of waste material burned per facility shall not exceed 6,000 pounds per day (3 tons/day). Any person seeking to set fires under this provision shall also comply with the requirements of Section 5-405. If the requirements of subsection 5-405.4 are not satisfied, such fires shall be prohibited as of January 1, 1996. (Adopted December 19, 1990; Amended November 2, 1994)

401.15 Contraband: Fires set for the purpose of disposing of contraband. The fire must be set or allowed by any peace officer or public fire official, in the performance of official duty. The fire must, in the opinion of such officer, be necessary and the material not be able to be disposed of by any other means. Prior reporting must be made to the APCO by the person setting the fire pursuant to Section 5-406. (Adopted December 19, 1990; Amended November 2, 1994)

401.16 Wildland Vegetation Management: Prescribed burning by a state or federal agency, or through a cooperative agreement or contract involving the state or federal agency, conducted on land predominately covered with chaparral, trees, coastal scrub, or standing brush. Any person seeking to set fires under this provision shall comply with the requirements of Section 5-408 and receive approval by the APCO in writing prior to any burn. This fire may be done on other than a permissive burn day, as defined in Section 5-206, if approved by the APCO pursuant to subsection 5-408.2. (Adopted November 2, 1994)

401.17 Filmmaking: Fires set as part of commercial film or video production activities for motion pictures and television. The fire shall be set or allowed by the public fire official having jurisdiction, in the performance of official duty. Any person seeking to set fires under this provision shall comply with the requirements of Section 5-409 and receive APCO approval in writing at least 10 working days prior to the burn. This fire may be done on other than a permissive burn day, as defined in Section 5-206, if approved by the APCO pursuant to subsection 5-409.2. (Adopted November 2, 1994)

401.18 Public Exhibition: Fires set as part of a planned civic event designed to educate or otherwise benefit the public. The fire shall be set or allowed by the public fire official having jurisdiction, in the performance of official duty. Any person seeking to set fires under this provision shall receive APCO approval in writing at least 10-working days prior to the burn. (Adopted November 2, 1994)

5-402 Deleted November 2, 1994

5-403 Agricultural Land Use: Debris from land clearing shall not qualify under subsections 5-401.1, 5-401.2, 5-401.3, 5-401.4 or 5-401.5 unless applicant certifies, under penalty of perjury, that said land is to remain in agricultural use for a gainful occupation for a period of one year subsequent to the burning, and that applicant has not caused or contributed to the need for the burning of the material for any reason other than the promotion of agricultural use of the land for a gainful occupation. However, the County Agricultural Commission may waive this Section by certifying that burning of the material under subsection 5-401.1 is, in his opinion, the only safe method of disposal. Failure to comply with the conditions of this Section shall be considered a violation of this Regulation. Each pile burned in violation shall be cited as a separate offense.(Amended November 2, 1994)

5-404 Emergency Waivers: A public officer authorized under subsections 5-401.1, 5-401.6 and 5-401.10 to grant permission for open burning may grant waivers from subsections 5-111.1 through 5-111.9 when, in his judgment, such emergency or summary action is necessary for the public safety. When such action is taken, the authorizing authority shall certify the following in a report to the APCO within 10 calendar days following the burning: a description and quantity of the material burned and an explanation of the reasons for granting the permission.(Amended November 2, 1994)

5-405 Propellants, Explosives and Pyrotechnics Compliance Schedule: Any person seeking to dispose of waste material within the provisions of 5-401.14 shall comply with the following:

405.1 By April 1, 1994 and thereafter annually submit a report to the APCO that shall contain the following information:

(a) Review of alternative technology for the use, treatment, and/or disposal of waste propellants, explosives and pyrotechnics, other than open burning which minimize the impact on air quality.

(b) Schedule and steps that have been taken and will be taken for the development and implementation of alternative use, treatment, and/or disposal methods to comply with subsection 5-401.14.

(c) Waste minimization efforts.

(d) Documentation of efforts to obtain U.S. Department of Transportation (DOT) hazard classification and approval to ship each different type of waste material, by formulation reference, that has not been previously approved for shipping. Such documentation shall be maintained on a monthly basis and be made available to the APCO upon request.

405.2 Open burning records must be maintained as per Section 5-501.

405.3 Verbal notification shall be given prior to each open burn.

405.4 By January 1, 1996, submit to the APCO an application for an Authority-to-Construct and submit to the California Department of Toxic Substances Control a permit application, for any on-site waste treatment system equipment necessary to comply with the January 1, 1997 prohibition of waste propellant, explosives, and pyrotechnics fires pursuant to subsection 5-401.14.

405.5 The installation of an on-site waste treatment system shall be completed and in operation no later than January 1, 1997. In addition, any off-site treatment or disposal method shall be implemented no later than January 1, 1997. (Adopted December 19, 1990; Amended November 2, 1994)

5-406 Prior District Notification; Disease and Pest, Fire Training, Flood Control, Irrigation Ditches, Range Management, Hazardous Material, and Contraband: The person setting the fire shall provide written, facsimile or verbal notification to the District prior to the burn. If notification is made verbally by telephone, there must be a written confirmation of this action sent to the APCO within 5 calendar days. For structural fire training, written notification shall be made to the APCO at least 10 working days prior to the burn pursuant to the requirements of Regulation 11-2-401.3 (Asbestos Demolition, Renovation and Manufacturing).(Adopted December 19, 1990; Amended November 2, 1994)

5-407 Deleted November 2, 1994

5-408 Prescribed Burn Requirements: Any person seeking to conduct prescribed burning pursuant to Section 5-401.16 shall comply with the following requirements:

408.1 Submit a prescribed burn plan to the APCO for review at least 30 calendar days prior to the proposed burning that provides the following information:

a. location and specific objectives of each proposed burn;

b. acreage or tonnage, type, and arrangement of vegetation to be burned;

c. directions and distances to nearby sensitive receptor areas;

d. fuel condition, combustion and meteorological prescription elements for the project;

e. projected schedule and duration of project ignition, combustion, and burn down;

f. specifications for monitoring and of verifying critical parameters;

g. specifications for disseminating project information;

h. certification by a resource ecologist, biologist, or forester that the proposed burning is necessary to achieve the specific management objective(s) of the burn plan; and

i. smoke management plan.

408.2 Permission to burn on other than a permissive burn day shall be governed by the 48-hour forecast issued by the APCO.

408.3 Prior to ignition, notify the APCO on the day of each burn.

408.4 Within 30 calendar days following completion of the burn project, provide the total acreage, volume or tonnage of vegetation actually burned. (Adopted November 2, 1994)

5-409 Filmmaking Burn Petition: Any person seeking to conduct a fire pursuant to Section 5-401.17 shall comply with the following requirements:

409.1 Submit an open burning petition to the APCO that provides the following information, as applicable:

a. date(s) and specific location(s) of each proposed burn;

b. type and quantity (tonnage, acreage, or volume) of each material to be burned;

c. the projected fuel use rate in BTU per hour, if known, calculated using the higher heating value of each fuel; and

d. the burn duration.

409.2 Permission to burn on other than a permissive burn day sahll be subject to written approval of the open burning petition by the APCO.

409.3 Prior to ignition, notify the APCO on the day of each burn.

409.4 If the APCO grants written approval, such approval shall be available at the burn location for inspection by the APCO, upon request.

.

5-500 MONITORING AND RECORDS

5-501 Open Burning Records: Any person subject to 5-405 shall comply with the following requirements:

501.1 A person shall maintain records on a monthly basis that provide the following information:

a. date of burn

b. amount and identification of each type of material burned, by formulation reference and the expected U.S. Department of Transportation hazard classification

c. wind speed and direction

d. start time and duration of burn.

501.2 Such records shall be retained and available for inspection by the APCO for 24 months.

501.3 The open burn records shall be submitted to the APCO on a yearly basis.(Adopted December 19, 1990; Amended November 2, 1994)

5-600 MANUAL OF PROCEDURES

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" Test: Any person who wants to conduct an evaluation of fuel moisture in field crop stubble or straw remaining after harvest pursuant to subsection 5-401.5 shall satisfy the following criteria prior to burning:

601.1 Sampling: To ensure representative sampling, sample in accordance with the following requirements:

a. obtain samples from several different areas of the field

b. select some samples from underneath the straw mat including the bottom layer

c. a handful of sample material is considered a sufficient size to test.

601.2 Evaluation: The field is considered dry enough to burn, or passes the "crackle" test when:

a. each sample is tested just prior to burning

b. each sample tested makes an audible "crackle" when it is bent sharply.

c. If the sample does not pass the test, then the area from which the sample was selected cannot be burned until such material is considered dry enough to burn. (Adopted November 2, 1994)