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(continued)
(b) The APCOs in the Sacramento Valley Air Basin may grant conditional rice straw burning permits only after the county agricultural commissioner has completed the following:
(1) Independently determined the significant presence of a pathogen located in the field proposed for burning in the county of his/her jurisdiction in an amount sufficient to constitute a rice disease during the growing season.
(2) Made a written finding, based upon the inspection results of methods specified in subdivision (e), that the existence of the pathogen will likely cause a significant, quantifiable reduction in yield in the field proposed for burning during the current or next growing season.
(3) Documented each applicant's compliance with the following terms and conditions:
(A) The fields proposed for burning are specifically described.
(B) The applicant has not violated any provision of section 41865 of the Health and Safety Code within the previous three years.
(c) In making the finding and determinations described in subdivisions (b)(1) through (b)(3), the county agricultural commissioner may accept inspection reports from qualified rice disease inspectors. Prior to making the finding, the agricultural commissioner must review and evaluate the accuracy of all inspection reports prepared by qualified rice disease inspectors and conduct field inspections to confirm results on a minimum of five (5) percent of all inspection reports.
(d) Until May 31, 2003, the Basinwide Council's program shall require the county agricultural commissioners, in determining disease significance pursuant to subdivision (b)(2), to base their determinations upon the following disease significance thresholds:
(1) For stem rot (Sclerotium oryzae), the disease significance threshold shall be 15 percent of the total stems sampled.
(2) For aggregate sheathspot (Rhizoctonia oryzae-sativae), the disease significance threshold shall be 15 percent of the total stems sampled.

(3) For neck blast (Pyricularia grisea), the disease significance threshold shall be 1.8 percent of the total stems sampled.
(4) The disease significance thresholds shall be compared against inspection results averaged over the field proposed for burning, in accordance with subdivision (e). If no disease significance threshold has been specified for the disease impact being evaluated by a county agricultural commissioner, the county agricultural commissioner shall utilize professional judgement in determining the significance of disease. Beginning June 1, 2003, the Basinwide Council's program may propose alternative methods for evaluating the severity of qualifying diseases in an applicant's field.
(e) The Basinwide Council shall develop detailed procedures for each inspection method proposed for adoption. Such inspection methods shall be based upon sound field sampling principles. Biased or unbiased methods, or combinations thereof, may be considered. Until May 31, 2003, the Basinwide Council's program shall comply with the requirements of paragraphs (1) through (4), below. Beginning June 1, 2003, the Basinwide Council's program may propose alternative methods for approving fields for burning based upon the presence of qualifying diseases in accordance with paragraph (4), below.

(1) Stem sampling inspection procedures that combine biased and unbiased inspection sites shall include, but shall not be limited to, the following provisions:
(A) Use a maximum of one (1) biased inspection site per field.
(B) Collect a minimum of fifty (50) stem samples at all inspection sites.
(C) Maintain a minimum ratio of biased to unbiased sampling sites of one (1) to three (3) in fields of 50 acres or less, and one (1) to five (5) in fields of greater than 50 acres.
(D) Determine the percentage of diseased stems at each inspection site.
(E) Sum the percentage values from paragraph (1)(D), above, and divide the sum by the total number of inspection sites to estimate the average percentage of diseased plants in the field proposed for burning.
(F) Allow for a field inspector to cease sampling at any time after the first biased site if the results indicate that the field qualifies for burning even with the remaining unsampled sites assumed to equal zero percent.

(G) If the field inspector elects to qualify the field using only one biased sampling site, the inspector must collect a minimum of one hundred (100) stem samples at that site. In all other sampling scenarios, the inspector shall collect a minimum of fifty samples per site.
(2) Visual assessment inspection procedures shall be limited to fields with readily apparent macro disease symptoms and shall include, but shall not be limited to, the following provisions:
(A) Assess and map the entire field for macro disease symptoms.
(B) Inspect for micro disease symptoms at a minimum of one (1) biased site.
(C) Require that a minimum of five (5) groups of at least twenty (20) plants be inspected for micro disease symptoms at each site.
(D) Estimate the average percentage of diseased stems at each focussed site.
(3) Soil sampling inspection procedures that combine biased and unbiased inspection sites shall be restricted to assessment of stem rot and shall include, but shall not be limited to, the following provisions:
(A) Use a maximum of two (2) biased inspection sites per field.
(B) Collect a minimum of eight (8) soil samples per field, each at different locations.
(C) Maintain a minimum ratio of biased to unbiased sampling sites of one (1) to three (3).
(D) Determine the level of disease (in terms of average viable stem rot sclerotia per gram of soil) at each inspection site.
(E) Conduct the procedure in accordance with Webster's soil inoculum potential protocol for stem rot (Krause, R.A. & R.K. Webster, 1972, Mycologia 64:1333- 1337).
(4) Each procedure shall include, but is not limited to, the following information:
(A) Protocol for selecting inspection sites.

(B) Number of required inspection sites.
(C) Methods of plant/soil collection.
(D) Methods of collection, counting, and scoring of rice plants.
(E) Methods of collection, storage, and analysis of soil samples.
(F) Procedures for calculating percentage of disease, if required, at specific inspection sites and use of this information to estimate average percentage of disease in a total field.
(f) The applicant shall submit an application form to the county agricultural commissioner to request the findings of terms and conditions specified in subdivision (b). The applications shall be available for public inspection for a period of three years. Each application form shall include, but shall not be limited to, the following information:
(1) Applicant's name.

(2) Applicant's identification number.
(3) Mailing address (property address, city, state, and zip code).
(4) Business telephone and fax number.
(5) Total planted rice acres.
(6) Site identification, location, and field acres proposed for burning.
(7) Description of diseases (type and indication of severity).
(8) A statement that inspection reports are required as an attachment to the application before it can be considered complete.
(9) A statement authorizing the county agricultural commissioner to inspect the sites for rice disease.
(10) Signature of the applicant.
(11) A place for the signature of the agricultural commissioner verifying compliance with required findings and determinations described in subdivision (b).
(g) Qualified rice disease inspectors shall complete a field inspection reporting form for each inspection method and the grower shall submit the reporting form, with an application, to the county agricultural commissioner. The county agricultural commissioner must review and approve the submittal in accordance with the provisions of subdivisions (b), (c) and (d). Completed forms shall be filed in the county agricultural commissioner's office and made available for public inspection for at least three years. Each inspection form shall include, but shall not be limited to, the following information:
(1) Applicant's name.
(2) Applicant's identification number.
(3) Mailing address (property address, city, state, and zip code).
(4) Business telephone and fax number.
(5) Location and description of inspected fields.

(6) Acreage of area proposed for burning.
(7) Description of diseases (type and indication of severity).
(8) Estimated average disease infection level in the total area proposed for burning, if required.
(9) Total planted rice acres.
(10) Name, title, and signature of inspector.
(11) Qualified rice disease inspector's certification number, if applicable.
(h) Enforcement provisions shall be included to discourage false reporting. Inspectors who perform fraudulent inspections are subject to permanent revocation of certification and other penalties provided by law. Growers who file false reports shall be deemed in noncompliance with Health and Safety Code sections 41865 and 42402.2(b), and subject to penalties provided by law.


Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code.









s 80157. Inspection Training Requirements for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin.
(a) The Basinwide Council, in consultation with CDFA and ARB, shall establish a program to train and certify rice disease inspectors. The training program shall be implemented through an accredited agricultural educational facility, such as, but not limited to, the University of California Cooperative Extension. Successful completion of the training course shall be a prerequisite to certification. Trainers shall be experienced agricultural professionals with extensive in-field pest inspection and identification experience. Any individual, other than agricultural commissioners and their staff, performing inspections must be trained and certified. Agricultural commissioner staff shall be encouraged, though not required, to be trained through the program. The Basinwide Council may establish minimum criteria for entrance into the training program.
(b) The certifications shall be issued by the training facility, Basinwide Council, or agricultural commissioner and shall be revocable by the issuer for cause. Issuance of certification shall be based upon evidence of completion of the training program and demonstrated knowledge of the following subject matter:
(1) Commonly occurring qualifying and nonqualifying rice diseases.
(2) Life cycle or etiology of rice diseases.
(3) Inspection methods and their statistical limitations.
(4) Techniques of prioritizing suitable test methods based upon field and disease characteristics.

(5) Penalties associated with fraudulent inspections and/or related documentation.
(6) Estimation of acreage of fields, acreage of inspection areas, and acreage of disease infected areas.
(7) Webster's stem rot disease severity quantification protocol (Krause, R.A. & R.K. Webster, 1973, Phytopathology 63: 518-523).
(8) Webster's soil inoculum potential protocol for stem rot (Krause, R.A. & R.K. Webster, 1972, Mycologia 64:1333-1337).
(9) Disease survey and detection techniques.
(10) Visual inspection indicators, if available, that meet the disease significance thresholds defined in section 80101.


Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code.









s 80158. Annual Reporting Requirements for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin.
(a) Beginning in 2002 and annually thereafter, the Basinwide Council shall submit to the ARB and CDFA, by July 15, a report on program implementation. The report shall include, but shall not be limited to, the following information, by county:
(1) General assessment of program operation.

(2) Total acres requested to be burned.
(3) Total acres determined by county agricultural commissioners to meet the terms and conditions for burning.
(4) Total acres approved for burning by the APCOs.
(5) Total acres burned.
(6) Total amount of planted acreage in the previous year.
(7) Total amount of planted acreage in the current year.
(8) Number of enforcement actions initiated for fraudulent inspections, and resolution of each.
(9) Total amount of fees charged by each county agricultural commissioner.


Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code.









s 80159. State Approval Procedures for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin.
(a) The Executive Officer shall approve, approve with conditions, disapprove, or indicate intent to disapprove any program, portion of a program, or amendment of a program within 90 days after submittal by the Basinwide Council. Reasons for disapproval, conditional approval, or intent to disapprove shall be provided to the Basinwide Council in writing. The Basinwide Council shall resubmit an amended plan addressing the ARB's concerns within 90 days of the ARB's communication of disapproval, conditional approval, or intent for disapproval.
(b) If the Basinwide Council does not submit a program by March 1, 2001, or if the Executive Officer has not approved a program submitted by the Basinwide Council by July 15, 2001, the Air Resources Board shall develop and adopt an alternative program. An alternative program shall be adopted by the Board at a public meeting in the Sacramento Valley Air Basin.
(c) An approved program may be amended by the Executive Officer with 90 days' prior written notice to, and in consultation with, the Basinwide Council. The Basinwide Council may submit proposed program amendments to the Executive Officer for approval. The Executive Officer may request the submittal of program amendments from the Basinwide Council. No program, amendments, or portion thereof shall be implemented until approved in writing by the Executive Officer.


Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code.









s 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.


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.









s 80170. Exemptions.
A district with no prescribed burning in wildlands or urban interfaces within its jurisdiction may request to be exempted from the requirements of section 80160. A district may exclude specific range improvement burns for livestock habitat or the initial establishment of an agricultural practice on previously uncultivated land from the provisions of section 80160 of these Guidelines provided the air district determines that smoke impacts are not expected in smoke sensitive areas.


Note: Authority cited: Sections 39600, 39601, 41852.5, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41852.5, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code.









s 80175. Wildland Vegetation Management Burning.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41856, 41857, 41858, 41859 and 41863, Health and Safety Code.









s 80179. General.
The ARB may use, on a test basis in cooperation with the air basin affected, for three years for developing new criteria, alternate criteria to those specified in this article to establish burn days, no-burn days, and marginal burn days.


Note: Authority cited: Sections 39600, 39601, 41855, 41856 and 41859, Health and Safety Code. Reference: Sections 40702, 41850, 41855, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code.









s 80180. North Coast Air Basin.
(a) Above 3,000 feet mean sea level [FNa1] (msl), a permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the limiting mean height given in Table 1 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.
(b) Below 3,000 feet msl [FNa1], a permissive-burn day will be declared when at least 3 of the following criteria are met:
(1) 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 10 degrees Fahrenheit, except that during July through November it is not warmer by more than 18 degrees Fahrenheit.
(2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.
(4) The expected daytime wind direction in the mixing layer has a component from the east and a speed of 12 miles per hour or less.

[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80190. San Francisco Bay Area Air Basin.
(a) The North Section of this basin includes Marin and Napa Counties, the San Francisco Bay Area Air Basin portions of Sonoma and Solano Counties, and that portion of Contra Costa County lying north and east of a line beginning at the intersection of Vasco Road and the Alameda County line; then north along the eastern side of Vasco Road to the intersection of Camino Diablo Road and Walnut Boulevard; then continuing north along the eastern side of Walnut Boulevard to the intersection of Marsh Creek Road; then west along the northern side of Marsh Creek Road to the intersection of Deer Valley Road; then north along the eastern side of Deer Valley Road to intersection of Lone Tree Way; then west and north along the eastern side of Lone Tree Way until it becomes "A" Street; then continuing north along the eastern side of "A" Street and its northern extension to the Sacramento County line.
(b) A permissive-burn day will be declared in the North Section when the following criteria are met:
(1) Near the time of day when the surface temperature is at a minimum, the temperature at 2,500 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit except that during May through September it is not warmer by more than 18 degrees Fahrenheit.
(2) The expected daytime temperature at 2,500 feet above the surface is colder than the expected surface temperature by at least 10 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.
(c) The South Section of this basin includes San Francisco, San Mateo, Santa Clara and Alameda Counties, and that portion of Contra Costa County lying south and west of a line beginning at the intersection of Vasco Road and the Alameda County line; then north along the eastern side of Vasco Road to the intersection of Camino Diablo Road and Walnut Boulevard; then continuing north along the eastern side of Walnut Boulevard to the intersection of Marsh Creek Road; then west along the northern side of Marsh Creek Road to the intersection of Deer Valley Road; then north along the eastern side of Deer Valley Road to the intersection of Lone Tree Way; then west and north along the eastern side of Lone Tree Way until it becomes "A" Street; then continuing north along the eastern side of "A" Street and its northern extension to the Sacramento County Line.
(d) A permissive-burn day will be declared in the South Section when the following criteria are met:
(1) Near the time of day when the surface temperature is at a minimum, the temperature at 2,500 feet above the surface is not warmer than the surface temperature by more than 11 degrees Fahrenheit except that during May through September it is not warmer by more than 16 degrees Fahrenheit.

(2) The expected daytime temperature at 2,500 feet above the surface is colder than the expected surface temperature by at least 10 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80200. North Central Coast Air Basin.
(a) Above 3,000 feet msl [FNa1], a permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb (mb is millibar (mb) height over the Basin is less than the limiting mean height given in Table 2 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.
(b) Below 3,000 feet msl [FNa1] in the Northwest Section of this Basin (including Santa Cruz County and that portion of San Benito and Monterey Counties north and west of a line beginning at the intersection of Highway 156 and the Santa Clara/San Benito Counties line; then continuing southerly along Highway 156 to the intersection of Fairview Road; then southerly along Fairview Road to the intersection of Highway 25; then southwesterly to Fremont Peak; then southeasterly along the crest of the Gabilan Range to McPhails Peak; then southwesterly through the middle of Chualar Canyon into the Salinas Valley, along Chualar Canyon Road, and continuing to Mt. Toro; then southeasterly along the crest of the Sierra de Salinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Road to Arroyo Center; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn day will be declared when the following criteria are met:
(1) The maximum mixing depth is expected to be at least 1,500 feet msl.
(2) The expected daytime resultant wind speed in the mixing layer is at least five miles per hour.
(c) Below 3,000 feet msl [FNa1] in the Southeast Section of this Basin (including that portion of San Benito and Monterey Counties south and east of a line beginning at the intersection of Highway 156 and the Santa Clara/San Benito Counties line; then continuing southerly along Highway 156 to the intersection of Fairview Road; then southerly along Fairview Road to the intersection of Highway 25; then southwesterly to Fremont Peak; then southeasterly along the crest of the Gabilan Range to McPhails Peak; then southwesterly through the middle of Chualar Canyon into the Salinas Valley, along Chualar Canyon Road, and continuing to Mt. Toro; then southeasterly along the crest of the Sierra de Salinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Road to Arroyo Center; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn day will be declared when the following criteria are met:
(1) The maximum mixing depth is expected to be at least 1,500 feet msl.
(2) The expected daytime resultant wind speed in the mixing layer is at least five miles per hour.
[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80210. South Central Coast Air Basin.
(a) Above 3,000 feet mean sea level [FNa1] (msl), a permissive-burn day will be declared when both of the following criteria are met:
(1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the limiting mean height given in Table 2 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.
(b) Below 3,000 feet msl [FNa1] in Ventura County and that portion of Santa Barbara County south of a line described as follows: Beginning at the Pacific Ocean outfall of Jalama Creek and running east and north along Ja- lama Creek to a point of intersection with the west boundary of the San Julian Land Grant; then south along the San Julian Land Grant boundary to its southwest corner; then east along the south boundary of the San Julian Land Grant to the northeast corner of partial Section 20, T. 5 N, R. 32 W, San Bernardino Base and Meridian; then south and east along the boundary of the Las Cruces Land Grant to the southwest corner of partial Section 22, T. 5 N, R. 32 W; then northeast along the Las Cruces Land Grant boundary; then east along the north boundaries of Section 13, T. 5 N, R. 32 W, and Sections 18, 17, 16, 15, 14, 13, T. 5 N, R. 31 W, and Sections 18, 17, 16, 15, 14, 13, T. 5 N, R. 30 W, and Sections 18, 17, 16, 15, T. 5 N, R. 29 W; then south along the east boundary of Section 15, T. 5 N, R. 29 W; then east along the north boundaries of Sections 23 and 24, T. 5 N, R. 29 W, and Sections 19, 20, 21, 22, 23, 24, T. 5 N, R. 28 W, and Sections 19 and 20, T. 5 N, R. 27 W; then south along the east boundary of Section 20, T. 5 N, R. 27 W; then east along the north boundaries of Sections 28, 27, 26, 25, T. 5 N, R. 27 W and Section 30, T. 5 N, R. 26 W; then south along the east boundary of Section 30, T. 5 N, R. 26 W; then east along the north boundaries of Sections 32, 33, 34, 35, T. 5 N, R. 26 W; then south along the east boundary of Section 35, T. 5 N, R. 26 W to the township line common to T. 4 N and T. 5 N; then east along this township line to the Santa Barbara-Ventura County boundary; a permissive burn day will be declared when both of the following criteria are met:
(1) The maximum mixing depth is expected to be at least 1,500 feet msl.
(2) The expected afternoon onshore airflow is expected to be at least five miles per hour.
(c) Below 3,000 feet msl [FNa1] in San Luis Obispo County and that portion of Santa Barbara County north of the line described in (b) above, a permissive burn day will be declared when both of the following criteria are met:
(1) The maximum mixing depth is expected to be at least 1,500 feet msl.
(2) The expected afternoon onshore airflow is expected to be at least five miles per hour.

[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41854, 41855, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code.









s 80220. South Coast Air Basin.
(a) A permissive-burn day will be declared when at least one of the following criteria is met:
(1) The expected height of the inversion base, if any, near 6:00 a.m. at Los Angeles International Airport is 1,500 feet msl or higher.

(2) The expected maximum mixing height during the day is above 3,500 feet above the surface.
(3) The expected mean surface wind between 6:00 a.m. and noon is greater than five miles per hour.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80230. San Diego Air Basin.
Except that portion which lies east of a line beginning at the U.S.-Mexico border and running north along the range line common to R. 7 E and R. 6 E, San Bernardino Base and Meridian; to the southeast corner of T. 16 S, and R. 6 E; then west along the township line common to T. 16 S and T. 17 S to the southwest corner of T. 16 S, R. 6 E; then north along the range line common to R. 6 E and R. 5 E to the southeast corner of T. 14 S, R. 5 E; then west along the township line common to T. 14 S and T. 15 S to the point of intersection with the east boundary of Cuyamaca Park; then north along the east boundary of Cuyamaca Park to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the south boundary of the San Felipe Land Grant; then east and north along the land grant boundary to the eastern most corner; then continuing west and north along the land grant boundary to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the township line common to T. 10 S and T. 9 S; then west along this township line to the point of intersection with the range line common to R. 4 E and R. 3 E; then north along this range line to the San Diego-Riverside County boundary. Criteria for this portion are those of the Salton Sea Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) Above 3,000 feet msl [FNa1]:
(A) Near 4:00 a.m., the inversion top is less than 3,000 feet msl or the temperature difference through the inversion is less than seven degrees Fahrenheit.

(B) The expected daytime resultant wind speed between 3,000 and 6,000 feet msl is at least 5 miles per hour.
(2) Below 3,000 feet msl [FNa1]:
(A) The maximum mixing depth is expected to be at least 1,500 feet msl.
(B) The expected daytime resultant wind direction in the marine layer has a westerly component.
(C) The expected daytime resultant wind speed in the marine layer is at least five miles per hour.
[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80240. Northeast Plateau Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80250. Sacramento Valley Air Basin.
(a) Above 3,000 feet msl [FNa1], a permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.
(b) Below 3,000 feet msl [FNa1], a permissive-burn day will be declared when the daily basinwide acreage allocation is greater than zero acreage. This allocation shall be determined daily by the state board and will vary with the existing and projected meteorology and air quality. The basinwide allocation shall be calculated from the basinwide acreage allocation equation contained in the approved approved Smoke Management Program required in section 80155.
(c) Special situations in the Basin are:
(1) If, when a no-burn day decision is declared, the state ambient air quality standard for ozone, carbon monoxide, suspended particulate matter (PM10), or visibility is expected to be exceeded during the valid period, a note to this effect shall be appended to the announcement.
(2) A permissive-burn or no-burn day decision that has been announced may be changed by the Air Resources Board at any time prior to 10:00 a.m. if the meteorological and air quality situation that actually unfolds so warrants it.

[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80260. San Joaquin Valley Air Basin.
(a) The North Section of this basin includes San Joaquin, Stanislaus, and Merced Counties.
(b) A permissive-burn day will be declared in the North Section when the following criteria are met:

(1) 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.
(2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.
(c) The South Section of this basin includes Madera, Fresno, Kings, and Tulare Counties, and the San Joaquin Valley Air Basin portion of Kern County.
(d) A permissive-burn day will be declared in the South Section when the following criteria are met:
(1) Above 3,000 feet msl [FNa1]:
(A) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.

(B) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.
(2) Below 3,000 feet msl [FNa1]:
(A) 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.
(B) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(C) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.
(e) Special situations in the Basin are:
(1) If, when a no-burn day decision is declared, the state ambient air quality standard for ozone, carbon monoxide, suspended particulate matter (PM10) or visibility is expected to be exceeded during the valid period, a note to this effect shall be appended to the announcement.
(2) A permissive-burn or no-burn day decision that has been announced may be changed by the Air Resources Board at any time prior to 10:00 a.m. if the meteorological and air quality situation that actually unfolds so warrants it.
(3) A conditional permissive-burn day may be declared in the North Section of the Air Basin during the months of November through February for the burning of almond and walnut prunings (from not more than 300 acres of orchard in each county) following three or more consecutive no-burn days, provided that two of the three criteria set forth in section 80260(b) for permissive-burn days are met, and provided further that the state board determines that under expected meteorological conditions the burning of such prunings will not have an adverse effect on air quality. ---------
[FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80270. Great Basin Valleys Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80280. Salton Sea Air Basin.
(a) For the Salton Sea Air Basin and that portion of the San Diego Air Basin which lies east of a line beginning at the U.S.-Mexico border and running north along the range line common to R. 7 E and R. 6 E, San Bernardino Base and Meridian; to the southeast corner of T. 16 S, R. 6 E; then west along the township line common to T. 16 S and T. 17 S to the southwest corner of T. 16 S, R. 6 E; then north along the range line common to R. 6 E and R. 5 E to the southeast corner of T. 14 S, R. 5 E; then west along the township line common to T. 14 S and T. 15 S to the point of intersection with the east boundary of Cuyamaca Park; then north along the east boundary of Cuyamaca Park to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the south boundary of the San Felipe Land Grant; then east and north along the land grant boundary to the easternmost corner; then continuing west and north along the land grant boundary to the point of intersection with the range line common to R. 5 E and R 4 E; then north along this range line to the point of intersection with the township line common to T. 10 S and T. 9 S; then west along this township line to the point of intersection with the range line common to R. 4 E and R. 3 E; then north along this range line to the San Diego-Riverside County boundary.
(b) A permissive-burn day will be declared when at least three of the following criteria are met:
(1) 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.
(2) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.
(4) The expected daytime wind direction in the mixing layer is not southeasterly.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80290. Mountain Counties Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80300. Lake County Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) 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 10 degrees Fahrenheit, except that during July through November it is not warmer by more than 18 degrees Fahrenheit.
(2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80310. Lake Tahoe Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 3 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 3 of section 80320.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80311. Mojave Desert Air Basin.
(a) A permissive-burn day will be declared when the following criteria are met:
(1) 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.

(2) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.
(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour.


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.









s 80320. Tables Referred to in Articles 2 and 3.

Limiting Mean 500-Millibar Heights [FNa1] by Month
Month Table 1 [FNa1] Table 2 [FNa1] Table 3 [FNa1]
January 5710 [FNa1]2 5750 [FNa1] 5630 [FNa1]

February 5710 5740 5620
March 5710 5740 5630
April 5720 5760 5660
May 5770 5800 5710
June 5820 5850 5780
July 5850 5880 5830
August 5870 5880 5840
September 5850 5870 5810
October 5820 5850 5760
November 5770 5810 5700
December 5730 5780 5630

[FNa1] All heights in meters.
Agricultural Burn Meteorological Factors

(Sacramento Valley Air Basin)


Table 4 Table 5

A.M. STABILITY WIND SPEED
o<> F M.F. MPH M.F.
>17 0.0 0 to 2 0.0
15 or 16 0.1 3 0.1
13 or 14 0.2 4 0.2


Table 4 Table 5
A.M. STABILITY WIND SPEED
11 or 12 0.3 5 0.3
9 or 10 0.4 6 0.4
7 or 8 0.5 7 0.5
5 or 6 0.6 8 0.6
3 or 4 0.7 9 0.7
1 or 2 0.8 10 0.8
0 or (-1) 0.9 11 0.9
<(-2) 1.0 >12 1.0


The basinwide meteorological factor (B.M.F.) is equal to the arithmetic mean of the meteorological factors (M.F.) from Tables 4 and 5.
A.M. Stability: 3,000-foot temperature (a.m.) (o<>) minus surface minimum temperature (o<>F).
Wind Speed: Surface to 3,000 feet average wind speed (mph).


Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41855, 41856, 41857 and 41859, Health and Safety Code.









s 80330. General Criteria for Announcement of Permissive Burn, Marginal Burn or No-Burn Day.
Notwithstanding the criteria listed in the preceding for each air basin, the Air Resources Board may announce permissive-burn, marginal burn, or no-burn days based on expected meteorological conditions and on the estimated effect on air quality of the agricultural burning and prescribed burning.Note: Authority cited: Sections 39600, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. (continued)