Cal. Code Regs. Tit. 17, § 80160 - Special Requirements for Prescribed Burning and Prescribed Fires in Wildland and Wildland/Urban Interface Areas
The district smoke management programs shall include rules and regulations or, until April 1, 2003, other enforceable mechanisms that:
(a) Require registration of all
planned burn projects annually or seasonally, including areas considered for
potential naturally-ignited wildland fires managed for resource benefits, with
updates as they occur.
(b) Require
the submittal of smoke management plans for all burn projects greater than 10
acres in size or estimated to produce more than 1 ton of particulate matter.
Smoke management plans must contain, at a minimum, the following information:
(1) Location, types, and amounts of material
to be burned;
(2) Expected duration
of the fire from ignition to extinction;
(3) Identification of responsible personnel,
including telephone contacts; and
(4) Identification and location of all smoke
sensitive areas.
(c)
Require that smoke management plans for burn projects greater than 100 acres in
size or estimated to produce more than 10 tons of particulate matter contain,
at a minimum, the information contained in subsection (b) and the following
additional information:
(1) Identification of
meteorological conditions necessary for burning.
(2) The smoke management criteria the land
manager or his/her designee will use for making burn ignition
decisions.
(3) Projections,
including a map, of where the smoke from burns are expected to travel, both day
and night.
(4) 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.
(5) An
evaluation of alternatives to burning considered; if an analysis of
alternatives has been prepared as part of the environmental documentation
required for the burn project pursuant to the National Environmental Policy Act
(NEPA) or the California Environmental Quality Act (CEQA), as applicable, the
analysis shall be attached to the smoke management plan in satisfaction of this
requirement.
(6) Discussion of
public notification procedures.
(d) If smoke may impact smoke sensitive
areas, require smoke management plans to include appropriate monitoring, which
may include visual monitoring, ambient particulate matter monitoring or other
monitoring approved by the district, as required by the district for the
following burn projects:
(1) projects greater
than 250 acres;
(2) projects that
will continue burning or producing smoke overnight;
(3) projects conducted near smoke sensitive
areas; or
(4) as otherwise required
by the district.
(e)
Require, as appropriate, daily coordination between the land manager or his/her
designee and the air district or the ARB for multi-day burns which may impact
smoke sensitive areas, to affirm that the burn project remains within the
conditions specified in the smoke management plan, or whether contingency
actions are necessary.
(f) Alternate
thresholds to those specified in sections (b), (c), and (d) may be specified by
a district consistent with the intent of this section.
(g) Require district review and approval of
smoke management plans. Districts shall provide notice to the ARB of large or
multi-day burns as specified in (d) or (e) and consult with the ARB on
procedures for ARB review and approval of large or multi-day burns as specified
in (d) and (e).
(h) Require that
when a natural ignition occurs on a no-burn day, the initial "go/no-go"
decision to manage the fire for resource benefit will be a "no-go" unless:
(1) After consultation with the district, the
district decides, for smoke management purposes, that the burn can be managed
for resource benefit; or
(2) For
periods of less than 24 hours, a reasonable effort has been made to contact the
district, or if the district is not available, the ARB.
(3) After 24 hours, the district has been
contacted, or if the district is not available, the ARB has been contacted and
concurs that the burn can be managed for resource benefit.
A "no-go" decision does not necessarily mean that the fire must be extinguished, but that the fire cannot be considered as a prescribed fire.
(i) Require submittal of smoke management
plans within 72 hours of the start of the fire for naturally-ignited wildland
fires managed for resource benefits that are expected to exceed 10 acres in
size.
(j) Require the land manager
or his/her designee conducting a prescribed burn to ensure that all conditions
and requirements stated in the smoke management plan are met on the day of the
burn event and prior to ignition.
(k) Require a post-burn smoke management
evaluation by the burner for fires greater than 250 acres.
(l) Require procedures for public
notification and education, including appropriate signage at burn sites, and
for reporting of public smoke complaints.
(m) Require vegetation to be in a condition
that will minimize the smoke emitted during combustion when feasible,
considering fire safety and other factors.
(n) Require material to be burned to be piled
where possible, unless good silvicultural practices or ecological goals dictate
otherwise.
(o) Require piled
material to be burned to be prepared so that it will burn with a minimum of
smoke.
(p) Require the permit
applicant to file with the district a statement from the Department of Fish and
Game certifying that the burn is desirable and proper if the burn is to be done
primarily for improvement of land for wildlife and game habitat. The Department
of Fish and Game may specify the amount of brush treatment required, along with
any other conditions it deems appropriate.
Notes
Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862 and 41863, Health and Safety Code.
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