Bay Area Air Quality Management District regulations no longer prohibit burning brush piles created by your fire hazard reduction efforts (hazard reduction burning). The following November 11, 2003 memo from CDF Battallion chief Mark Barclay to other CDF personnel, forwarded to us by Napa County Fire Marshall Kate Dargan, describes Bay Area Air Quality Management District’s current policy on “hazard reduction” burning.
Subject: BAAQMD
We met with BAAQMD reps this week. The following two changes are good for you to know:
There are now three air management notification forms:
Form "C" is for hazard reduction burning.
Form "B" is for agricultural burning.
Form "A" is for all other burning.
Copies of these forms are available on the internet. They currently must be mailed or faxed to air management. Soon they will also be able to be sent electronically. Copies have been sent to each paid station, a supply until BAAQMD makes more.
The other significant change is that BAAQMD has a draft policy, effective now, that will leave the feasibility and economic decision making for hazard reduction burning up to the landowner. That's right. As long as it is native vegetation in quantities greater than 5 cubic yards and does not include ornamentals and all other conditions are met, the owner may burn the material as hazard reduction anywhere on their lands. The accessibility and feasibility conditions no longer need to be met in this county. BAAQMD still recommends hauling, chipping alternatives.
As before, we no longer act as an agent for BAAQMD at our stations. The public can get the forms at our stations and forward them to BAAQMD themselves.
BAAQMD Form C is available from BAAQMD
Bay Area Air Quality Management District Regulation 5 – Open Burning is available at http://www.baaqmd.gov/dst/regulations/rg0500.pdf. Here are some excerpts relating to the burning of brush piles from your fire hazard reduction program (hazardous material):
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, or in excess of any acreage burning allocation or limitation.
301.3 A person shall not violate any condition, requirement, or parameter stated in or imposed by a smoke management plan approved by the APCO, or any special condition or administrative requirement in this regulation. (Amended 11//94; 3/6/02)
5-401 Allowable Fires: The following fires may be allowed on permissive burn days: 401.1 Disease and Pest: Agricultural 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 12/19/90; 11/2/94; 3/6/02)
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 fire must be set or allowed by any public fire official having jurisdiction, 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, these fires may also be conducted to dispose of materials generated to comply with an order or notice issued by an fire official pursuant to Section 4291 of the State 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. the material is inaccessible for removal by vehicle and available alternatives to burning such as shredding, chipping, composting, disking, plowing, and harrowing are not feasible; and
e. the material, if ignited accidentally, 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.
No fires involving piled material shall be ignited or take place before 9:30 a.m. local time on any day. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire.
(Amended 12/19/90; 11/2/94; 3/6/02)
(Note: d., above, is superceded by BAAQMD’s draft policy described in Mark Barclay’s memo.)
5-200 DEFINITIONS
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.
5-206 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)
5-208 Hazardous Material: For purposes of this Regulation, any combustible or flammable material which may pose a fire or explosion hazard including but not limited to, natural vegetation or other native growth cleared away to create or maintain a firebreak around any building or structure on a property as required to comply with Section 4291 of the State Public Resources Code to reduce the risk of a wildfire.
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)
5-406 Prior District Notification; Disease and Pest, Crop Replacement, Orchard Pruning and Attrition, Double Cropping Stubble, Forest Management, Flood Debris, Fire Training, Flood Control, Irrigation Ditches, Range Management, Hazardous Material, and Contraband: The person setting the fire shall provide electronic, typewritten, legibly handwritten, or computer printed notification to the District prior to the burn on a District-approved form or facsimile thereof. If notification is submitted by mail, the document must be postmarked at least 5 calendar days prior to the burn. The notification form must be completely filled out with accurate information to satisfy this requirement. For structural fire training, written notification shall also 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 12/19/90; Amended 11/2/94; 3/6/02)