MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 410 - RANGE IMPROVEMENT BURNING
(Adopted 9-1-74; Revised 10-30-72, 6-13-83, 4-15-92 and 4-20-94)

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References


PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Air District
2.3 Brush-treated
2.4 Designated Agency
2.5 Household Rubbish
2.6 Monterey Peninsula/Carmel Valley Smoke Sensitive Area (MP/CV SSA)
2.7 "No-burn" Day
2.8 "Permissive-burn" Day
2.9 Prescribed Burning
2.10 Range Improvement Burning
2.11 Smoke-Sensitive Area (SSA)


PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 "Permissive-burn" and "No-burn" Days
3.3 Prohibition of Nuisances
3.4 Standards for Materials to be Burned
3.5 Range Improvement Burn Plan


PART 1 GENERAL

1.1 Purpose
The purpose of this rule is to codify standards and requirements for range improvement burning within the Monterey Bay Unified Air Pollution Control District (Air District).

1.2 Applicability
The provisions of this rule shall apply to all persons who set or maintain fires used for range improvement burning within the Air District.

1.3 Exemptions

1.3.1 Exemption for 50 percent brush-treated land
During the period between December 1 and April 30, range improvement burning may be conducted by permit on a "no-burn" day, provided that more than 50 percent of the land has been brush-treated. However, if the purpose of the burn is primarily for the improvement of the land for wildlife or game habitat, the Department of Fish and Game may specify the amount of brush treatment required. The California Air Resources Board (CARB) may prohibit such burning on a "no-burn" day during this period.

1.3.2 Exemption for uncanceled CARB commitment
Range improvement burning may be permitted on a "no-burn" day, where a commitment for a "burn" has been given by the California Air Resources Board in advance as prescribed by the California Code of Regulations Section 80110(c), (d), and (e) and such commitment has not been canceled by the California Air Resources Board in advance of such a burn date.

1.4 Effective Dates
This rule has been in effect since September 1, 1974. The rule in its present form is effective on April 20, 1994.

1.5 References
The requirements of this rule arise from the provisions of:

1.5.1 California Health and Safety Code Section 41850 et seq.

1.5.2 California Code of Regulations Sections and 80100 et seq. and 80140 et seq.


PART 2 DEFINITIONS

2.1 Agricultural Burning
As defined by California Health and Safety Code Section 39011, et seq.

2.2 Air District
The Monterey Bay Unified Air Pollution Control District, unless otherwise noted.

2.3 Brush-treated
The material to be burned has been felled, crushed or uprooted with mechanical equipment, has been desiccated with herbicides, or is dead.

2.4 Designated Agency
Any agency designated by the California Air Resources Board as having authority to issue agricultural burning permits. The U. S. Forest Service and the California Department of Forestry and Fire Protection are so designated within their respective areas of jurisdiction.

2.5 Household Rubbish
Solid or liquid waste from materials used or consumed in a human dwelling which can be placed inside a 30 gallon garbage can. This includes materials such as animal or vegetable putrescible wastes (garbage) and nonputrescible wastes (rubbish), including discarded materials resulting from normal residential activities. The term does not include discarded appliances, furniture, or other bulky items (trash) which cannot be placed in a 30 gallon garbage can.

2.6 Monterey Peninsula/Carmel Valley Smoke Sensitive Area (MP/CV SSA)
That geographical area specified in Section 3.5 of this Rule.

2.7 "No-burn" Day
Any day on which agricultural burning is prohibited by the California Air Resources Board.

2.8 "Permissive-burn" Day
Any day on which agricultural burning is not prohibited by the California Air Resources Board.

2.9 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 as set forth in California Health and Safety Code Section 39011.

2.10 Range Improvement Burning
A type of prescribed burn which uses 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.

2.11 Smoke-Sensitive Area (SSA)
As defined in the California Code of Regulations, Title 14, Section 1561.1 means a populated area, an airport, a traveled road or highway designated Class I for visibility standards, or any place where smoke can adversely affect the public health and welfare.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
No person shall conduct or permit to be conducted any range improvement burning within the boundaries of the Air District without first having obtained a permit from the California Department of Forestry and Fire Protection (CDF) or other designated agency, and the Air District.

3.2 "Permissive-burn" and "No-burn" Days
No person shall conduct or permit to be conducted any range improvement burning on "no-burn" days, as determined by the California Air Resources Board, except as provided by Section 1.3 of this Rule. Fires allowed pursuant to this Rule shall only be set during "permissive-burn" days, as designated by the California Air Resources Board.

3.3 Prohibition of Nuisances
notwithstanding any other provision of this Rule, no fire shall constitute a nuisance as defined in District Rule 402.

3.4 Standards for Materials to be Burned

3.4.1 All materials to be burned during range improvement burning when permitted shall conform to the following requirements to ensure rapid burning and ignition and to minimize smoke generation:

3.4.1.1 Where economically and technically feasible, brush shall be treated by chemical or mechanical means at least six months prior to a proposed burn, to kill or uproot the brush in order to insure rapid combustion.

3.4.1.2 Unwanted trees over six inches in diameter that are expected to burn or those not effectively treated at the time of the brush treatment shall be felled at least three months prior to the burn, but a longer time may be required where conditions warrant.

3.4.1.3 Materials to be burned shall be dry and reasonably free of dirt, soil and visible surface moisture prior to burning, and shall be free from combustible impurities such as tires, tar paper, household rubbish, plastics, demolition or construction debris, and other material not grown at the site.


3.4.2 The material shall be ignited only by devices and methods approved by the California Department of Forestry and Fire Protection and ignition shall be rapid as practicable within applicable fire control restrictions.

3.4.3 Range improvement burning shall be limited to 1,000 acres within a zone in any one day. ("Zone" is defined in Rule 105.) This limit may be increased by the Air Pollution Control Officer in order to establish an effective perimeter for fire control.

3.4.4 The number of acres in any one burn may be further limited by the Air Pollution Control Officer, taking into consideration matters which would affect the ambient air quality of the Air District, and particularly the potential effects on nearby population areas.

3.4.5 Burning being done primarily for improvement of land for wildlife and game habitat shall require the filing with the Air District of a statement obtained from the Department of Fish and Game certifying the burning is desirable and proper for the improvement of land for wildlife and game habitat.

3.4.6 Burning shall not commence when wind direction is toward an SSA as defined in Rule 410.

3.5 Range Improvement Burn Plan
Before a permit may be issued for a range improvement burn, a burn plan describing how the burn is to be carried out, shall be submitted by the owner, or his/her agent, of the land on which the burn is proposed, to the Air District and the CDF, or other designated agency, and be approved by them. The plan shall describe the following:

3.5.1 ownership;

3.5.2 location;

3.5.3 equipment available;

3.5.4 manpower;

3.5.5 fireguard locations;

3.5.6 proposed date and hours of burn;

3.5.7 treatment given to trees and brush;

3.5.8 method and plan for ignition;

3.5.9 estimated tonnage or acreage and type of vegetation to be burned;

3.5.10 a list of "Smoke Sensitive Areas" (SSAs) within 10 miles of the burn, with compass directions to the nearest of eight prime compass points;

3.5.11 Smoke Management guidelines as defined in Title 14, California Code of Regulations, Section 1561.1 and as outlined in Section 1569.6 shall be addressed in the plan.

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