CC - Item 5A - Oppositionto the SCAQMD Proposed Rule Prohibiting Burning in Fire Ring on BeachesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MAY 28, 2013
SUBJECT: OPPOSITION TO THE SCAQMD PROPOSED RULE PROHIBITING BURNING
IN FIRE RINGS ON BEACHES
SUMMARY
Council Member Ly has requested that the City Council consider taking a position in
opposition to the South Coast Air Quality Management District's Proposed Amended
Rule 444 (Open Burning Prohibited on Beaches), and authorize the Mayor to send a
letter to SCAQMD on this topic.
Recommendation:
City Council direction is requested.
BACKGROUND
The proposed rule amendment is intended to implement 2012 Air Quality Management
Plan control measure BCM -02 [Further Reductions from Open Burning] by extending
the prohibitions to beach fire pits. Within Los Angeles County, there are a total of 99
beach fire pits -90 at Dockweiler State Beach, 6 at Cabrillo Beach, and 3 at Pt. Fermin
Park. In addition, there are 741 beach fire pits at various beaches in Orange County
including 465 at Huntington Beach, 173 at San Clemente, and 60 at Newport Beach.
The attached Resolution opposes the proposed ban as the prohibition of open burning
on beaches would eliminate an important passive and affordable recreational
opportunity afforded to millions of residents and visitors which will greatly impact
residents' enjoyment of the beach. Furthermore, the Resolution states that beach
communities within the jurisdiction of SCAQMD have different local interests that should
be considered prior to a complete regional ban on open burning in fire rings.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Attachments
ITEM NUMBER: -5
Wood fire pits could pose health problems for beach residents, AQ... http : / /www.sgvtribune.com/news /ci_ 23274978 /wood -fire -pits- could...
Wood fire pits could pose health problems for beach residents,
AQMD study shows
By Joe Segura, Staff Writer Long Beach Press Telegram
Posted: 051I S 1 13 sgvtribune.com
The smoke from one beach fire pit generates the same pollution as a heavy -duty diesel truck
traveling 564 miles, according to air quality experts who are considering banning the popular pits.
A preliminary study by the Air Quality Management District this past week considers the health
risks of smoke in support of a potential regional ban on wood for beach -ring fires.
City officials in Orange County, where most of the pits are located, differ on whether the pits should
be banned - but they agree that the regional air quality management should not decide the issue.
That, according to mayors of Newport Beach and Huntington Beach, should be decided by
individual cities.
"Each beach has different wind patterns, and geography, and the residential areas are different and
distinct," said Connie Boardman, mayor of Huntington Beach, where the popular pits of Bolsa
Chica State Beach are located. "The so- called'one size fits all' approach, I don't think it's
appropriate."
To document the potential pollution problem, the AQMD has operated air monitors at Corona del
Mar, Balboa Island, Huntington Beach in Orange County and Dockweiler State Beach in Los
Angeles County since late March, using both mobile and fixed air monitoring devices.
If a wood - burning ban is approved, it would affect beaches throughout Orange County and most
coastal areas in Los Angeles County, including Cabrillo Beach in San Pedro and Dockweiler near
El Segundo.
Los Angeles County Supervisor Don Knabe, who represents the coastal region, has not made a
decision on the potential ban, his spokeswoman said Friday.
The AQMD will likely make a final decision on the controversial issue sometime this summer.
Newport Beach officials want to ban fire pits because they say they pose a health risk to beachfront
residents. However, leaders in Huntington Beach and San Clemente - where homes are not adjacent
to the beach - have taken a stand against any ban.
The San Clemente City Council has approved a resolution opposing a ban on wood burning fire
pits, and the Orange County supervisors passed a resolution opposing a ban and asking the AQMD
to leave the issue up to municipal governments.
There are 850 fire rings in about a dozen beaches in Orange and Los Angeles counties, according to
AQMD spokesman Sam Atwood. Huntington Beach has 60 percent of the rings along its coast, he
said; Los Angeles County beaches have 73 fire rings at Dockweiler and six at Cabrillo Beach - the
only two beaches in Los Angeles County with the pits.
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Preliminary pollutant measurements in the AQMD study show wood smoke at Corona del Mar in
Newport Beach is almost double the pollution at Huntington Beach. This discrepancy is one of the
reasons Boardman wants more data.
"There's no compelling information to restrict fire rings," she said before a rally Friday on the
beach.
Cities at least will have more time to weigh in. The AQMD had scheduled a vote on the issue for
June 7 but pushed that back possibly a month or so because of scheduling problems for several of
the board members, Atwood said.
According to this week's study, wood smoke contains toxic, cancer- causing chemicals as well as
common combustion pollutants such as nitrogen oxides. Numerous health studies during wildfires
show that wood smoke causes respiratory irritation and an increase in hospital admissions for
respiratory problems.
Measured levels of particulates varied widely depending on weather conditions, the level of beach
fire activity and location, the study showed. In parking lots near beach fire pits, the study reported
fine particulate pollution concentrations were up to 10 times higher than typical background levels.
In nearby residential areas, particulate concentrations were up to three times higher.
The study also found wood smoke is the source of carcinogenic toxic pollutants, including benzene,
formaldehyde, and poly - aromatic hydrocarbons.
Meanwhile, AQMD board member Miguel Pulido, the mayor of Santa Ana, has been collecting
public input this week, including a Friday night hearing at the Huntington Beach City Hall.
Huntington Beach has the bulk of the fire pits and has been mounting political opposition to a
regional ban.
Assemblyman Travis Allen, R- Huntington Beach, an avid opponent of a ban, contends the bonfire
pits are important to the Surf City economy, providing critically needed revenue - more than $1
million annually - for the state and coastal cities. He added that the loss of the fire pits would result
in "devastating revenue losses" for the state parks, which stand to lose 50 percent of the RV
camping revenue.
On Thursday, several Orange County mayors met privately in Santa Ana to review the newly
released data from the AQMD study.
Newport Beach Mayor Keith Curry and Boardman, although on opposite sides of the move to ban
fire pits, agree that the cities should be allowed to decide the issue for themselves and the AQMD
should not implement a regional ban.
Newport Beach wants to ban the fire pits because residents along the beachfront have complained
about the health hazards.
Boardman focused on AQMD data indicating that the city is below the level that is considered
unhealthy for those who are vulnerable to smoke. She wants different solutions, if it is demonstrated
the fire pits present a health hazard.
2 of 3 5/21/2013 8:14 AM
Wood fire pits could pose health problems for beach residents, AQ... http : / /www.sgvtribune.com/news /ci 23274978/wood- fire - pits - could...
"If there are health risks to our residents there are a lot of solutions between nothing and banning
the fire rings completely," she said.
Contact Joe Segura at 562- 714 -2163
joe.segura@presstelegrain.com
twitter.com/JoeSeguraPT
3 of 3 5/21/2013 8:14 AM
(Adopted October 8, 1976)(Amended October 2, 198 1)
(Amended October 2, 1987)(Amended December 21, 200 1)
(Amended November 7, 2008)
(PAR 444 March 13 2013 Version)
PROPOSED AMENDED RULE 444. OPEN BURNING
(a) Purpose
The purpose of this rule is to ensure open burning in the District is conducted in a
manner that minimizes emissions and impacts, and that smoke is managed
consistent with state and federal law in order to protect public health and safety.
(b) Applicability
The provisions of this rule shall apply to any person conducting or allowing any
open burning including, but not limited to:
(1) Agricultural burning
(2) Disposal of Russian thistle (Salrola kall or "tumbleweed ")
(3) Prescribed burning
(4) Fire prevention /suppression training
(5) Open detonation or use of pyrotechnics
(6) Fire hazard removal
(7) Disposal of infectious waste, other than hospital waste
(8) Research of testing materials, equipment or techniques
(9) Disposal of contraband
(10) Residential burning
(11) Beach burning
(c) Definitions
(1) AGRICULTURAL BURNING means open burning of vegetative
materials produced wholly from the growing and harvesting of crops in
agricultural operations, including the burning of grass and weeds in fence
rows, ditch banks and berms in non - tillage orchard operations, fields being
prepared for cultivation, agricultural wastes, and the operation or
maintenance of a system for the delivery of water for agricultural
operations.
(2) AGRICULTURAL OPERATIONS means any business occurring on a
ranch or farm directly related to:
PAR 444 -1
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13, 2013 Version)
(A) Growing of crops
(B) Raising of fowl or other animals for the primary
purpose of making a profit or for a livelihood
(C) Conducting agricultural research or instruction by an
educational institution
(3) AGRICULTURAL WASTES means unwanted or unsalable materials
produced wholly from agricultural operations directly related to the
growing of crops or raising of animals for the primary purpose of making
a profit or for a livelihood. Agricultural wastes do not include.items such
as plastic, rubber, ornamental or landscape vegetation, chemically treated
wood, shop wastes, construction and demolition material, material
containing asbestos, garbage, oil filters, tires, tar paper, pesticide and
fertilizer containers, broken boxes, pallets, sweat boxes, packaging
material, packing boxes or any other material produced in the packaging
or processing of agricultural products. Orchard or vineyard waste or any
other material, generated as a result of land use conversion to
nonagricultural purposes is not agricultural waste.
(4) AYR QUALITY INDEX (AQI) is a value established by the federal
Environmental Protection Agency (EPA) to measure the level of the €we
major air pollutants regulated by the Clean Air Act. The values range
from 0 to 500 and are divided into six categories; higher values indicate
greater levels of pollution and greater associated health concerns. The
following summarizes the AQI:
(A) 50 or below is Good
(B) 51 through 100 is Moderate
(C) 101 through 150 is Unhealthy for Sensitive Groups
(D) 151 through 200 is Unhealthy
(E) 201 through 300 is Very Unhealthy
(F) Over 300 is Hazardous
(5) APPROVED IGNITION DEVICES means those instruments or materials
that will ignite agricultural waste without the production of black smoke.
This would include such devices using liquid petroleum gas, butane,
propane, or diesel oil burners and flares where the device produces a flame
and the flame is then used for ignition.
PAR 444 -2
PAR 444 (Cont.)
(Amended November 7, 2008)
(March 13, 2013 Version)
(6) APPROVED IGNITION FUELS means pipeline quality natural gas,
liquefied petroleum gas, or a petroleum liquid having an API gravity of at
least 30.
(7) BEACH BURNING means any recreational ceremonial or open burning
conducted in any public coastal area marked by an accumulation of sand
stone or Gravel that has been deposited by the tide or ocean waves,
including any adjacent areas used for beach access or recreation. For the
u oses of this rule beach burninp does not include the use of charcoal or
a gaseous or liquid fuel in the preparation or warming of foo for h uman
consumption.
(8-7) BURN AUTHORIZATION NUMBER is the number that is assigned to a
burn project upon being granted approval by the Executive Officer.
(9 8) BURN MANAGEMENT PLAN means a document prepared by an
agricultural operator for a project which provides a description of the
project, and other information as required under subparagraph (d)(7)(D).
(LO 9) BURN PROJECT means an active or planned prescribed burn, agricultural
burn, fire prevention /suppression training, a naturally ignited wildland fire
managed for resource benefits, or any other burn approved by the
Executive Officer.
(I I 40)EMERGENCY BURN PLAN means a document prepared by an
agricultural operator for open burning as an emergency measure to protect
crops from freezing which provides a description of the project, and other
information as required under subparagraph (h)(4)(C).
(1241)FIELD CROP means crop, other than fruit or vegetable, which is grown
for agricultural purposes.
(13 )FIRE HAZARD means a hazardous condition involving combustible,
flammable, or explosive material that could present a substantial threat to
life or property, as declared by a fire protection agency.
(I443)FIRE PREVENTION /SUPPRESSION TRAINING means the instruction
of employees in the methods of preventing or suppressing fires.
(1514)F1RE PROTECTION AGENCY means any public agency with the
responsibility and authority to protect people, property, and the
environment from fire, within its respective area of jurisdiction.
(16- 14)HEAVY FUELS means materials that burn slowly, sustain heat, and are
difficult to extinguish. Heavy fuels include large downed woody materials
such as logs and branches.
PAR 444 - 3
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13, 2013 Version)
(174-6)IMMINENT FIRE IIAZARD means a fire hazard that presents an
immediate danger to property or the health and/or safety of a person or
persons and for which direct abatement by fire is necessary as directed by
a fire protection agency. An imminent fire hazard is distinguished from a
prescribed burn by the immediate or urgent action needed to alleviate a
threat.
(184-7)LAND MANAGER means any federal, state, local, or private entity that
administers, directs, oversees, or controls the use of public or private land,
including the application of fire to the land.
(1944)LIGHT FUELS means materials that bum quickly with a short period of
intense heat such as grass and field crops.
(20) MANDATORY WINTER BURNING CURTAILMENT means a period
of time during the consecutive months of November through February
where the burning of solid fuels is restricted for ortions of the South
Coast Air Basin at elevations below 3,000 feet above Mean Sea Level
( SL) based on the air quality criteria contained in AOMD Rule 445
(Wood- Burning Devices)
(21 4- 9)MARGINAL BURN DAY means a day in an air basin when open burning
for individual projects is restricted to designated source /receptor areas and
is not otherwise prohibited by the California Air Resources Board (CARE)
or the Executive Officer of the District. A marginal burn day is declared
when:
(A) At least one of the meteorological criteria for an air basin is
predicted to be met
(B) The AQI throughout the basin is predicted to be 150 or less,- and
(C) The AQI in the designated source /receptor areal is predicted to
be 100 or less:
(D) The designated source /receptor area(s) is not further restricted by a
mandatory winter burning curtailment pursuant to AOMD Rule
445 (Wood - Burning Devices).
(2220)METEOROLOGICAL CRITERIA defines the daily predicted
meteorological conditions that need to be satisfied to permit open burning
for an air basin. The criteria are as follows:
(A) Burn Area 40: South Coast Air Basin (at least one criterion must
be satisfied):
PAR 444 - 4
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13, 2013 Version)
(i) Near 6:00 a.m., the expected height of the inversion base, if
any, at Los Angeles International Airport is 1,500 feet
above mean sea level or higher.
(ii) The expected maximum mixing height during the day is
3,500 feet above the surface.
(iii) The expected mean surface wind between 6:00 a.m. and
noon is greater than five miles per hour.
(B) Burn Area 53: Mojave Desert Air Basin (all criteria must be
satisfied):
(i) Near the time of day when the surface temperature is at a
minimum, the temperature at 3,000 feet above the surface
is not warmer than the surface temperature by more than 13
degrees Fahrenheit.
(ii) The expected temperature at 3,000 feet above the surface is
colder than the expected surface temperature by at least I I
degrees Fahrenheit for 4 hours.
(iii) The expected daytime wind speed at 3,000 feet above the
surface is at least 5 miles per hour.
(C) Burn Area 55: Salton Sea Air Basin (at least three criteria must be
satisfied):
(i) Near the time of day when the surface temperature is at a
minimum, the temperature at 3 feet above the surface
is not warmer than the surface temperature by more than 13
degrees Fahrenheit_
(ii) The expected temperature at 3,000 feet above the surface is
colder than the expected surface temperature by at least l 1
degrees Fahrenheit for 4 hours.
(iii) The expected daytime wind speed at 3,000 feet above the
surface is at least 5 miles per hour.
(iv) The expected daytime wind direction in the mixing layer is
not southeasterly.
(L3 2})NO BURN DAY means a day in an air basin during en which open
burning is prohibited by the CARB or Executive Officer of the District. A
no burn day is declared when:
(A) None of the meteorological criteria for an air basin are met, or
PAR 444 - 5
PAR 444 (Cont.)
(Amended November 7, 2008)
(March 13, 2013 Version)
(B) The AQI in any area of the basin is predicted to be greater than
150.
(242-2)OPEN BURNING COMBUSTION /OPEN DETONATION means the
ignition and subsequent burning, or ignition, rapid decomposition and
subsequent burning of solid, liquid, or gaseous materials, outside of a
combustion chamber with or without a visible flame and not directed
through a chimney or flue.
(25 2-3)PERMISSIVE BURN DAY means a day in an air basin during off which
open burning is not prohibited by the CARB or Executive Officer of the
District. A permissive bum day is declared when:
(A) At least one of the meteorological criteria for an air basin is
predicted to be met, ; -and
(B) The AQI throughout the basin is predicted to be 100 or less,
and—
(C) The designated source/receptor area(s) is not further restricted by a
mandatory winter burning curtailment pursuant to AOMD Rule
445 (Wood- Buming Devices).
(M6 -24) PRESCRIBED BURNING means planned open burning conducted by a
public agency, or through a cooperative agreement or contract involving a
public agency, identified on lands selected in advance for removal of:
(A) Vegetation from land predominantly covered with chaparral, trees,
grass, or standing brush,
(B) Forest vegetation or debris for the purposes of forest protection.
(C) Brush, weeds, arundo, or other plant matter to promote a healthier
environment for plant or animal species or to re- establish native
plant species,
(D) Disease and pest prevention,
(E) Fire prevention /suppression training consuming greater than 10
acres_.
(27) PRODUCT TESTING means the evaluation of commercial products
designed to detect the presence of flame or smoke or intended to prevent
equipment damage due to fl ame.
(?8 1 4)RESIDENTIAL BURNING means open burning for the purposes of
disposing of combustible or flammable solid waste, excluding Russian
thistle, from a specific residence on its premises.
PAR 444 - 6
PAR 444 (Cont.)
(Amended November 7, 2008)
(March 13.2013 Version)
(L9 2-6) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers,
hospitals, and convalescent homes, and other locations where children,
chronically ill individuals, or other sensitive persons could be exposed.
(3027)SMOKE MANAGEMENT PLAN means a document prepared for each
open burning event or project by land managers that provides information
and procedures to minimize smoke impacts.
(3129)SOURCE /RECEPTOR AREAS. A source area is that area in which
contaminants are discharged and a receptor area is that area in which the
contaminants accumulate and are measured. Any of the areas can be a
source area, a receptor area, or both a source and receptor area. The
source/receptor areas are delineated on the attached map (Attachment 1).
(32 2-9) WILDLAND means:
(A) "Wildland" means an area where development is generally limited
to roads, railroads, power lines, and widely scattered structures.
Such land is not cultivated (i.e., the soil is disturbed less frequently
than once in 10 years), is not fallow, and is not in the United States
Department of Agriculture (USDA) Conservation Reserve
Program. The land may be neglected altogether or managed for
such purposes as wood or forage production, wildlife, recreation,
wetlands, or protective plant cover.
(B) For the California Department of Forestry and Fire Protection only,
"Wildland" as specified in California Public Resources Code
(PRC) section 4464(a) means any land that is classified as a state
responsibility area pursuant to article 3 (commencing with section
4125) of chapter 1, part 2 of division 4 and includes any such land
having a plant cover consisting principally of grasses, forbs, or
shrubs that are valuable for forage. "Wildland" also means any
lands that are contiguous to lands classified as a state responsibility
area if wildland fuel accumulation is such that a wildland fire
occurring on these lands would pose a threat to the adjacent state
responsibility area.
(d) Requirements and Prohibitions
(1) A person shall not conduct or allow open burning unless all of the
following are met:
(A) The Executive Officer has declared the day a permissive bum day
or a m arginal burn day on which burning is permitted in the
PAR 444 - 7
PAR 444 (Cont-) (Amended ]November 7, 2008)
(March 13, 2013 Version)
applicable source /receptor area and such burning is not prohibited
by the applicable public fire protection agency.
(B) The Executive Officer or the applicable fire protection agency has
issued a written permit for the burn. For disposal of Russian
thistle, subject to paragraph (d)(2)(C), a permit may also be issued
by the Director of Forestry and Fire Protection or a County
Agricultural Commissioner, pursuant to California Health and
Safety Code Section 41809.
(C) The Executive Officer has authorized the bum by issuing a Burn
Authorization Number for each day for each open burning event.
(i) The Executive Officer has received the Bum Authorization
Number request by 4:00 p.m. on the day prior to the burn.
(ii) The Executive Officer may delay issuing a Bum
Authorization Number until such time that an inspection of
the proposed Burn Project can be conducted, in order to
determine whether the open burning event complies with the
provisions of the rule.
(D) All site - specific permit conditions are met, pursuant to Rule 208 —
Permit and Bum Authorization for Open Burning.
(2) . The Executive Officer may authorize open burning for:
(A) Agricultural burning
(B) Prescribed burning
(C) Disposal of Russian thistle
(D) Abatement of a fire hazard that a fire protection agency determines
cannot he abated by an economically, ecologically and logistically
viable option
(E) Disposal of waste infected with an agricultural pest or disease
hazardous to nearby agricultural operations and upon the order of
the County Agricultural Commissioner
(F) Disposal of infectious waste, other than hospital waste, upon the
order of the County Health Officer to abate a public health hazard
(G) Use of pyrotechnics for the creation of special effects during
filming of motion pictures, videotaping of television programs or
other commercial filming or video production activities provided
untreated wood, charcoal or Approved Ignition Fuels are used
PAR 444 - 8
PAR 444 (Cont.)
(3)
(4)
(Amended November 7, 2008)
(March 13, 2013 Version)
(H) Disposal of contraband in the possession of public law
enforcement personnel provided they demonstrate that open
burning is the only reasonably available method for safely
disposing ofthe material
(1) Fire prevention /suppression training exercises, provided
notifications and compliance with all requirements of Rule 1403 —
Asbestos Emissions from Demolition /Renovation Activities shall
be required when applicable
(J) Researching or testing fire retardant properties of materials (or
enclosures) or the efficacy of fire suppression techniques or
devices
A person is prohibited from open burning for:
(A) Residential burning
(B) Disposal of waste, except as specified in (d)(2) above, including
hospital waste
(C) Disposal of materials generated as a result of land use conversion
for non - agricultural purposes
(D) Disposal of materials from the production or storage of military
ordnance, propellants, or pyrotechnics unless a fire protection
agency, law enforcement agency or governmental agency having
jurisdiction determines that onsite burning or detonation in place is
the only reasonably available method for safely disposing of the
material
(E) Suppression of wildland fires, except those set by fire protection
agencies, for the purpose of saving life or property
(F) Complete burning of existing structures for fire prevention/
suppression training exercises
(G) Beach burning
A person shall not commence:
(A) Open burning for agricultural field crops before 10:00 a.m. or later
than 5:00 p.m.
(B) Open burning, other than for agricultural field crops, except as
authorized in an approved Smoke Management Plan:
(i) Earlier than one hour after sunrise
(ii) Later than two hours before sunset, with no new ignition, or
fuels added to an existing fire
i
PAR 444 - 9
PAR 444 (Cont.)
(Amended November 7, 2008)
(March 13, 2013 Version)
(5) A person shall use only approved ignition devices to ignite open burning.
(6) A person shall not transport vegetative waste for the purpose of open
burning from one property to another, unless it is necessary to avoid
burning within 1,000 feet of sensitive receptor.
(7) Additional requirements for agricultural burning:
(A) A person shall not conduct or allow the open burning of
agricultural waste unless it has been allowed to dry for the
following minimum times:
(i) Trees and large branches (3 in. or greater): 6 weeks
(ii) Prunings and small branches (1 in. to less than 3 in.
diameter): 4 weeks
(iii) Wastes from field crops that are cut in a green condition: 4
weeks
(iv) Fine fuels (025 im to less than I in. diameter): 3 weeks
(v) Very fine fuels (less than 0.25 in.): 10 days
(B) A person shall not conduct or allow the open burning of
agricultural waste unless it is free of dirt, soil, and visible moisture.
(C) A person shall ignite rice, barley, oat and wheat straw only by
strip - firing or by backfiring into the wind unless a fire protection
agency declares such actions would constitute a fire hazard.
(D) A person shall not conduct or allow the open burning of
agricultural waste unless a Bum Management Plan is approved in
writing by the Executive Officer for any project greater than 10
acres or a project that produces more than one ton of particulate
matter emissions, as determined using EPA AP -42 or equivalent
emissions factors approved by the Executive Officer, CARB, and
EPA. At a minimum, the Bum Management Plan shall contain the
following information:
(i) Location, types, and amounts of material to be burned
(ii) Expected duration of the fire from ignition to extinction
(iii) Identification of responsible personnel, including telephone
contacts
PAR 444 - 10
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13, 2013 Version)
(iv) Identification and location of all smoke sensitive areas
(v) Calculation of the particulate emissions tonnage, when the
particulate emissions tonnage is selected as the criteria For
determining the project size
(E) A person shall not conduct or allow the open burning of
agricultural waste unless the burn is located farther than 1,000 feet
from a sensitive receptor location.
(8) Additional requirements for prescribed burning:
(A) A person shall conduct or allow prescribed burning only when the
fires are set by, under the jurisdiction of, or pursuant to the orders
or requirements of fire protection agency.
(B) A person shall not conduct or allow prescribed burning unless a
Smoke Management Plan is approved in writing by the Executive
Officer for any project greater than 10 acres or that produces more
than one ton of particulate matter emissions, as determined using
EPA AP-42 or equivalent emissions factors approved by the
Executive Officer, CARB, and EPA. Smoke Management Plans
shalt be updated annually. At a minimum, the Smoke Management
Plan shall contain the following information:
(i) Location, types, and amounts of material to be burned
(ii) Expected duration of the fire from ignition to extinction
(iii) Identification of responsible personnel, including telephone
contacts
(iv) Identification and location of all smoke sensitive areas
(v) Calculation of the particulate emissions tonnage
(C) A person shall not conduct or allow prescribed burning unless a
Smoke Management Plan is approved in writing by the Executive
Officer for any project greater than 100 acres or that produces
more than 10 tons of particulate matter emissions, as determined
using EPA AP -42 or equivalent emissions factors approved by the
Executive Officer, CARB, and EPA. Smoke Management Plans
shall be updated annually. At a minimum, the Smoke Management
Plan shall contain the information required by subparagraph
(d)(8)(B) and the following information:
(i) Identification of meteorological conditions necessary for
burning
PAR 444 - 11
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13, 2013 Version)
(ii)
Smoke management criteria the land manager will use for
making bum ignition decisions
(iii)
Projections, including a map, of where the smoke from
burns is expected to travel both day and night
(iv)
Specific contingency actions (such as fire suppression or
containment) that will be taken if smoke impacts occur or
meteorological conditions deviate from those specified in
the Smoke Management Plan
(v)
Evaluation of and consideration of emission reduction
techniques including environmentally, economically, and
logistically viable alternatives to burning
(vi)
Discussion of public notification procedures
(D) The Executive Officer shall prioritize burn authorization requests
based
upon:
(i)
The level of training of the person conducting the burn as
identified in the Bum Management Plan and Smoke
Management Plan.
(ii)
The measures identified in the Smoke Management Plan
proposed to reduce emissions.
(E) Notwithstanding subparagraph (d)(1)(A), the Executive Officer
may allow prescribed burning on marginal burn days, provided a
Smoke Management Plan has been approved.
(e) The Executive Officer may allow the Maximum Daily Burn Acreage for
Agricultural Burning and Prescribed Burning as follows:
(1) For all areas within the, District jurisdiction, excluding the Coachella
Valley:
(A) 175 acres for prescribed wildland and range burning; and
(B) 175 acres for agricultural burning;
(2) For the Coachella Valley:
(A) 6 acres for prescribed wildland and range burning; and
(B) 41 acres for agricultural burning; and
(3) The provisions of this subdivision, limiting the maximum daily acreage,
shall not apply to prescribed burning when a land manager has:_
(A). Demonstrated that the prescribed burn is required to reduce a fire
hazard that jeopardizes public health or safety; and
PAR 444 -12
PAR 444 (Cont.) (Amended November 7, 2008)
(Ma rch l3 2013 Version
(B) Submitted a satisfactory Smoke Management Plan that has been
approved by the Executive Officer.
(f) Administrative Requirements
(1) An Annual Post Burn Evaluation Report shall be submitted on or before
January 31 a of each calendar year for any open bum projects that require a
Smoke Management Plan or a Burn Management Plan. The Report shall
include, but not be limited to, the following:
(A) The type of material burned
(B) The total acreage permitted to burn
(C) The total acreage burned
(D) The total tons of material burned
(E) The estimated fuel loading in tons per acre
(F) The total of the estimated PM emissions
(2) Fire Protection Agencies within the District must submit copies of written
burn permits to the Executive Officer quarterly.
(g) Fees
If required by District Rule 306, any person conducting or allowing any open
burning shall accompany the submittals required by subparagraphs (d)(7)(D),
(d)(8)(B), (d)(8)(C), (h)(4)(C), and paragraph (f)(1) with applicable filing and
evaluation fees pursuant to District Rule 306.
(h) Exemptions
(1) The provisions of paragraphs (d)(1) and (d)(4) of this rule shall not apply
in the case of an imminent fire hazard, as defined in this Rule.
(2) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause
(d)(l)(C)(ii) shall not apply to fire prevention /suppression training
exercises or research, conducted by fire protection agencies, provided that:
(A) For training exercises not conducted within existing structures:
(i) Each training fire is limited to no more than 30 minutes
duration,
(ii) The total cumulative bum time in a 24 -hour period does not
exceed:
(a) Four (4) hours for Light Fuel
(b) Six (6) hours for Heavy Fuels or a mixture of Light
and Heavy Fuels
PAR 444 - 13
PAR 444 (Cont.) (Amended November 7, 2008)
(March 13,2013 Version)
(iii) Only Authorized Ignition Fuels are used.
(B) For training exercises conducted within existing structures, each
training fire is limited to no more than 30 minutes in duration.
(3) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause
(d)(1)(C)(ii) shall not apply to fire prevention/suppression training
exercises or to product testing, conducted by non -fire protection agencies
provided that:
(A) Each fire is limited to no more than 30 minutes in duration,
(B) The total burn time does not exceed four (4) hours in a 24 -hour
period, and
(C) Only Authorized Ignition Fuels are used.
(4) The provisions of subparagraphs (d)(1)(A) and (d)(7)(E) of this rule shall
not apply to open burning as an emergency measure to protect crops from .
freezing provided that
(A) Open burning is the most immediate or only option available;
(B) The temperature at the time of the requested open burning is
reasonably anticipated to be below 40 Fahrenheit;
(C) An Emergency Bum Plan submitted by the person seeking to.
conduct open burning is approved by the Executive Office prior to
conducting the burn. The Plan shall include, but not be limited to,
the following:
0) Location, types, and amounts of material to be burned
(ii) Type of crop being protected
(iii) Estimate of potential economic loss
(iv) Expected dates, time, and duration of the fire from ignition
to extinction
(v) Identification of responsible personnel, including telephone
contacts
(vi) -identification and location of all smoke sensitive areas
(D) All site - specific conditions imposed by the Executive Officer as
part of the approved Emergency Burn Plan are met; and
(E) The person conducting the open burn shall notify the Executive
Officer no more than 24 hours following the authorized burn to
report the total amount of agricultural material burned.
(5) The provisions of this rule shall not apply to:
PAR 444 -14
PAR 444 (Cont.)
(Amended November 7, 2008)
(March 13, 2013 Version)
1 .,:te.i States C o d e 4:41e A Cha pter 1 S m..8.
(B) open buming ef Ratural gas, propane, untreated W99d, BY 6haFGoal
f r t he PUFPos
(ii) Genefatingwar.
L E) Open burning located on islands 15 miles or more from the
mainland coast.
(B l3) Fireworks displays.
L €) Pyrotechnics used for creation of special effects at theme parks.
(D F) Detonation of explosives during:
(i) Quarry or mining operations
(ii) Bomb disposal by a law enforcement agency
(iii) Demolition of buildings or structures
(F C,)The use of pyrotechnics, detonation of explosives, or fire effects for
creation of special effects during theatrical productions, filming of
motion pictures, videotaping of television programs or other
commercial filming or video production activities provided that:
(i) Each fire effect is limited to no more than 30 minutes in
duration, and
(ii) The fuel is untreated wood, charcoal, or Authorized
Ignition Fuels.
(6) Except for the requirements of subparagraph (d)(3), the provisions of this
rule shall not apply to:
(A ) Recreational fires or ceremonial fires including fires conducted
pursuant to United States Code, Title 4, Chapter 1, Section 8.
(B) Open burning of natural gas. propane, untreated wood, or charcoal
for the purpose of:
(i) Preparation or warming of food for human consumption: or
(ii) Generating warmth at a social gathering.
PAR 444 - 15
PAR 444 (Cont.)
ATTACHMENT
(Amended November 7, 2008)
(March 13, 2013 Version)
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PAR 444 -16
RESOLUTION NO. 2013 -28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD OPPOSING
THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S (SCAQMD)
PROPOSED AMENDED RULE 444 PROHIBITING OPEN BURNING ON BEACHES
WHEREAS, the SCAQMD has proposed an amendment to Rule 444 which, if
approved, will add beaches to the list of prohibited areas for open fire burning; and
WHEREAS, the proposed amendment to Rule 444 prohibiting open fire burning
on beaches will eliminate an important passive and affordable recreational opportunity
afforded to millions of residents and visitors which will greatly impact residents'
enjoyment of the beach; and
WHEREAS, beach communities within the jurisdiction of the SCAQMD have
different local interests that should be considered prior to a complete regional ban on
open burning in fire rings; and
NOW, THEREFORE, the City Council of the City of Rosemead, does hereby
resolve as follows:
SECTION 1. The City Council opposes the SCAQMD proposed Amended Rule
444 prohibiting open burning on beaches; and
SECTION 2. That the City of Rosemead supports further efforts to find local
solutions rather than a complete regional ban on beach burning, which is an affordable
recreational opportunity enjoyed by residents of Southern California.
PASSED AND ADOPTED by the City Council of the City of Rosemead at a
regular meeting thereof held on the 28 day of May, 2013.
Polly Low, Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel Richman
City Attorney