Monterey Bay Area Air Pollution Control District

By Maureen McCarty

Ben Lomond resident, Donna Smith, and I represented the VWC on an advisory committee convened by the Monterey Bay Unified Air Pollution Control District (“Air District”) to address the smoke issue in the Valley. In its ongoing (it ain’t over) effort to reduce winter smoke emissions, the Air District is proposing revisions to its “Rule 438” which addresses open outdoor fires.

Click to view .pdfs of the final draft of the Air District’s revised outdoor burning rule, Rule 438, as well as the Initial Study Mitigated Negative Declaration (IS/MND). The rule modifications, Staff Report, and CEQA document are also available on the air District’s website at www.montereybaycleanair.org.

Please consider the proposed changes – they may affect you directly. The public has until September 7 to submit comments on the IS/MND. Comments should be submitted to Amy Clymo, Supervising Air Quality Planner, Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud Court, Monterey, CA 93940. If this Newsletter reaches you too late, do not hesitate to send your comments in, even if they are late.

You may also voice your concerns/comments at the Air District’s Board of Directors meeting on September 19, 2012 at 1:30 pm at the District office (24580 Silver Cloud Court in Monterey).

Here are the major changes to Rule 438:

• Creation of a Smoke Sensitive Area (SSA) for the San Lorenzo Valley
  Rule 438 revisions create a new SSA for SLV excluding areas within the Scotts Valley Fire Protection District.
• Elimination of the Limited Exemption for Smoke Management Permits for Backyard Burning
  The Rule 438 revisions will require smoke management permits for backyard burning in the SLV SSA – two per day per fire district, for a total not to exceed 10 permitted backyard burns per day.
• Burn Season Extension
  The Rule modifications allow 15 additional days before and after the current burn season, except when limited by the local fire official or the Air District, to accommodate burning that may have been limited to by the other limitations proposed in the Rule.
• Burning Limits based on Property Size
  The Rule modifications limit backyard burning to parcels larger than 1/2 acre, except in areas where yard waste pick-up is not available. A waiver from the parcel size requirement can be granted at the discretion of the District following a site inspection.
• Burning Limits based on Distance from the Fire to the Nearest Structure
  The Rule modifications require backyard burning to be conducted at least 100 feet from any residential or commercial structure on an adjacent property. A waiver from this requirement can be granted at the discretion of the District following a site inspection.

In addition to the rules changes, there will be expanded financial support available to replace polluting wood-burning stoves, and extensive outreach to help make sure SLV residents know about and understand the ramifications of the new rules.