Monterey Bay Unified Air Pollution Control District
24580 Silver Cloud Court, Monterey, CA 93940
CONSIDERATION OF PROPOSED DISTRICT RULE 311
STAFF REPORT FOR PUBLIC REVIEW
Date of Release: April 8, 2015
TO:
Interested Parties
FROM:
Amy Clymo, Supervising Air Quality Planner
SUBJECT:
Rule 311 Smoke Management Permit Fees
Date/Time of Public Hearings on Rule Adoption:
Public
Hearing/Rule May 20 and June 17, 2015 - 1:30 P.M.
Location: 24580 Silver Cloud Court, 3rd Floor, Monterey, California
Adoption
District staff is proposing cost recovery fees to recapture a portion of the District’s expenses in
implementing the state-mandated Smoke Management Program (SMP) for Prescribed and
Agricultural Burning. The SMP is critical to reducing smoke impacts from open outdoor
burning. The District has implemented this program for many years without recovering costs.
The attached Staff Report contains the full draft of the proposed Rule in Appendix A.
Attachment 1: Staff Report
ATTACHMENT 1
STAFF REPORT
MONTEREY BAY UNIFIED
AIR POLLUTION CONTROL DISTRICT
STAFF REPORT
Proposed Rule 311 Smoke Management Permit Fees to
Recover Costs for Implementing the District’s State-Mandated
Smoke Management Program
Public Review
April 8, 2015
Amy Clymo
Supervising Air Quality Planner
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Background
District staff is proposing cost recovery fees to recapture a portion of the
District’s expenses in implementing the state-mandated Smoke Management
Program (SMP) for Prescribed and Agricultural Burning. The SMP is critical
to reducing smoke impacts from open outdoor burning. The District has
implemented this program for many years without recovering costs.
The SMP is expected to grow in the coming years with the implementation of
Monterey County Wildfire Protection Plan. This plan calls for the burning of
up to 20,000 acres per year. While the SMP has been very successful in
reducing smoke impacts from outdoor burning, there is currently no means to
effectively recover any of the associated costs.
Since 2003, the District has implemented the SMP without recovering costs. In
2006 the Board approved a means to recover costs for services for Prescribed
and Agricultural burns. Under this approach the District is absorbing the
majority of the costs with expenditures being charged to the General fund.
Staff considers cost recovery fees to be essential to the future of a successful
SMP that meets the public’s needs while realigning the costs to those who are
using these specialized District services.
Implementing the SMP involves staff resources from Management, Planning,
Compliance, Air Monitoring, and Finance. Planning staff hours expended on
the SMP were evaluated for FY12-13 and FY13-14. The hours include time
spent on day-to-day program implementation, such as the issuing of burn
permits, reviewing burn permits, issuing daily burn authorizations, evaluating
meteorological conditions, interagency meetings, and inspecting burn sites.
Smoke Management Program:
FY2012-13:
FY2013-14:
FY2014-15:
805 hours
1,050 hours
500 hours
Other air districts in the state collect fees for both agricultural and nonagricultural open burning. The District’s proposed fees are comparable to
open burning fees paid by burners for example in the Bay Area Air Quality
Management District, North Coast Air Quality Management District, and
Placer County Air Pollution Control District.
Authority
The District is required to administer a state-approved Smoke Management
Program and is authorized to issue permits for open burning under: California
Code of Regulations, Title 17, Subchapter 2, Sections 80100 et seq. and 93113
et seq., California Health and Safety Code Sections 39011 et seq., 41800 et
seq., and 41850 et seq. The District is authorized to collect fees for issuing
permits under California Health and Safety Code Section 42311 and the fees
shall not exceed actual District administrative costs for processing or enforcing
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permits for specific types of burning in accordance with Section 42311.2.
Major Proposed
Provisions for
Recovering
Program Costs
The proposed fees are needed to recover costs for issuing permits for
agricultural burning, including prescribed burning. The fees would be similar
to those in other air districts collecting permit fees.
The proposed fees would recover costs for issuing permits, ensuring
compliance with burn prescriptions, and authorizing burns. These activities
account for approximately 40% of the total expected future SMP costs. The
remaining SMP costs are not directly associated with the issuance of burn
permits and would continue to be funded from the General fund. The District
has the state-mandated authority to operate the SMP and the expectation from
the public to manage and minimize smoke impacts. Therefore, staff time for
activities such as outreach, interagency liaison, training, air monitoring,
developing forecasting tools, and enforcement were not included in the
estimated hours to implement permits for prescribed and agricultural burning.
These types of activities would continue to be funded from the District’s
general fund. In addition, District staff continue to evaluate ways to streamline
our efforts in implementing this program. For example, staff are considering
expanding the use of the online agricultural waste permit system to include
routine stack burns conducted by agencies such as state parks or the forest
service that generate less than 1 ton of particulate matter.
The proposed fees would generate approximately $20,000 per year depending
on the project size and number of permits issued each year. This approach
would ensure the District stays consistent with the requirements of the
California Health and Safety Code Section 42311.2 and does not assess fees
higher than actual administrative costs for agricultural or prescribed burning.
Affected Sources
and Fiscal
Impacts Upon
Affected Sources
Businesses, agencies, or individuals using open outdoor fires in this air basin
are required to obtain District-issued permits under District Rule 438 (Open
Outdoor Fires) and may be affected by institution of permit fees. The proposal
to recover costs could benefit other District permit holders whose fees
currently subsidize this unfunded Program. Note that permits issued by state
or local fire agencies, such as for residential burning of vegetation, are not
subject to the Air District fees.
In the cost recovery method being considered, i.e., charging fees for Districtissued permits, the fiscal impact would vary with the burn project size. The
fees for Smoke Management Permits were estimated based on the number of
staff hours per permit and permit size for prescribed burns. Fiscal impacts to
burners are anticipated to range from $150 to $3,000 for burners that conduct
multiple projects in one year.
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Alternative
Analysis
California Health and Safety Code Section 40727.2 includes requirements for
the adoption, amendment, or repeal of Air District regulations. This fee
proposal does not impose new control standards, make an existing standard
more stringent, or impose new or more stringent administrative requirements.
Therefore, California Health and Safety Code Section 40727.2 does not apply.
District
Implementation
Notice of the proposed fee rule public hearings and notice of the adoption of
the rule will be made to potentially affected sources.
Fiscal Impact
upon District
There would be an initial fiscal impact due to accounting staff and IT to setup
the fee collection system. At this time staff proposes to use the GovPayNet
system that is already in use by the District to collect stationary source permit
fees.
California
Environmental
Quality Act
(CEQA) Status
The proposed institution of fees for obtaining District-issued burn permits are
exempt from the requirements of CEQA under Section 15273 which states,
“CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, and other charges by public
agencies…” [see also Public Resources Code Section 21080(b)(8)].
Proposed
Meeting
Schedule
Date and Time
Activity
Location
May 20, 2015; 1:30 PM
Board Hearing
MBUAPCD Board Room
June 17, 2015; 1:30 PM
Board Adoption
Hearing
MBUAPCD Board Room
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APPENDIX A
PROPOSED RULE
311 (Smoke Management Permit Fees)
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MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
REGULATION III
FEES
RULE 311.
SMOKE MANAGEMENT PERMIT FEES
(Proposed for adoption June 17, 2015.)
CONTENTS
PART 1
1.1
1.2
1.3
1.4
1.5
GENERAL................................................................................................................... 2
Purpose ............................................................................................................................ 2
Applicability .................................................................................................................... 2
Exemptions ...................................................................................................................... 2
Effective Dates ................................................................................................................ 2
References ....................................................................................................................... 2
PART 2
2.1
2.2
2.3
2.4
2.5
DEFINITIONS ............................................................................................................. 2
Agricultural Burning ....................................................................................................... 2
Agricultural Waste Burning ............................................................................................ 3
Air Pollution Control Officer (APCO) ............................................................................ 3
District ............................................................................................................................. 3
Prescribed Burning .......................................................................................................... 3
PART 3
REQUIREMENTS ...................................................................................................... 4
3.1 Fees.................................................................................................................................. 4
PART 4
ADMINISTRATIVE REQUIREMENTS ................................................................... 4
4.1 Extension of Payment Period by the APCO .................................................................... 4
4.2 Waiver of Smoke Management Permit Fee by the APCO .............................................. 4
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REGULATION III
FEES
PART 1
1.1
GENERAL
Purpose
The purpose of this Rule is to provide funding for the issuance and enforcement of
Smoke Management Permits.
1.2
Applicability
The provisions of this Rule shall apply to anyone that is required to apply for a Smoke
Management Permit and complete a Smoke Management Plan consistent with Title 17
and pursuant to Rule 438 (Open Outdoor Fires).
1.3
Exemptions
Reserved.
1.4
Effective Dates
This Rule is effective on June 17, 2015.
1.5
References
The requirements of this Rule arise from the provisions of Health and Safety Code
Sections 41850, 41852, and 42311.2. California Code of Regulations, Title 17,
Subchapter 2, Sections 80100 et. seq. Referenced or related District Rules include: 438
(Open Outdoor Fires).
PART 2
2.1
DEFINITIONS
Agricultural Burning
As defined in California Health and Safety Code Section 39011 as an open outdoor fire:
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REGULATION III
FEES
- used in agricultural operations, forest management, range improvement,
improvement of land for wildlife and game habitat, disease or pest prevention;
- used in the operation or maintenance of a system for the delivery of water for the
purposes specified above;
- used in wildland vegetation management burning.
2.2
Agricultural Waste Burning
Refers to open burning in agricultural operations per California Code of Regulations,
Title 17, Subchapter 2, Article 1, Section 80101(w). This includes the burning of
materials not produced wholly from such operations, but which are intimately related to
the growing or harvesting of crops and which are used in the field, except the following:
plastics, petroleum products and petroleum wastes; construction and demolition debris;
tires; and motor vehicle bodies and parts.
2.3
Air Pollution Control Officer (APCO)
The Air Pollution Control Officer for the Monterey Bay Unified Air Pollution Control
District.
2.4
District
The Monterey Bay Unified Air Pollution Control District (MBUAPCD).
2.5
Prescribed Burning
The planned application of fire to natural vegetation to achieve any specific objective on
lands selected before that application. The planned application of fire may also include
natural or accidental ignition. [California Health and Safety Code Section 39011(c)] For
the purposes of this Rule, prescribed burning includes but is not limited to: burning of
woody wastes from developments; fire habitat restoration; forest management burning;
fuels management burning; range improvement burning; or wildland vegetation
management burning.
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REGULATION III
FEES
PART 3
3.1
3.1.1
REQUIREMENTS
Fees
The following fee schedule shall apply for each Smoke Management Permit issued
pursuant to Title 17 and Rule 438. Permits will be issued upon District receipt of fee
payment. The fee covers the term of the permit which is one year from the date
issued.
Permit
Fee
Fee Category
Agricultural Burning* –
Brush Piles
Permit Size
Piles with greater than 100 tons of
vegetation or 1 ton of particulate matter
Agricultural/Prescribed Burning
10-100 acres
$150
Agricultural/Prescribed Burning
100-250 acres
$800
Agricultural/Prescribed Burning
250-1,000 acres
$1,200
Agricultural/Prescribed Burning
More than 1,000 acres
$2,200
$150
*See definition 2.1, agricultural burning includes outdoor fires for forest management, range
improvement, and wildland vegetation management.
PART 4
4.1
ADMINISTRATIVE REQUIREMENTS
Extension of Payment Period by the APCO
The fee payment required pursuant to Part 3 of this Rule may be extended for
extraordinary circumstances at the discretion of the Air Pollution Control Officer
(APCO). The adequacy of cause to extend the period shall be decided on a case-by-case
basis by the APCO.
4.2
Reduction or Waiver of Smoke Management Permit Fee by the APCO
The Smoke Management Permit fee may be reduced or waived, at the discretion of the
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APCO, for large burn projects (greater than 100 acres) that were unable to be conducted
during the valid permit period, for issues such as a limited number of burn days, the
burn prescription was not met, burn restrictions were in place that prevented project
completion, financial hardship, or other reasonable explanation. The adequacy of cause
to reduce or waive the permit fee shall be decided on a case-by-case basis by the APCO.
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