Section 80156 - Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin(a) The Sacramento Valley Basinwide Air Pollution Control Council (Basinwide Council) shall, by February 15, 2001, develop and submit to the state board a proposed rice straw burning permit program (program) for the issuance of conditional rice straw burning permits (permit) by the APCOs in the Sacramento Valley Air Basin. The program shall be adopted at a noticed public hearing of the Basinwide Council and shall implement and ensure compliance with the following requirements established by subdivisions (b) through (h).(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: (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:(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.Cal. Code Regs. Tit. 17, § 80156
1. New section filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34). 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.
1. New section filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).