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HomeMy WebLinkAbout33 - Fire Rings�EWPoRr CITY OF °� mT NEWPORT BEACH Cq�F00.�P City Council Staff Report Agenda Item No. 33 November 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager (dkiff@newportbeachca.gov) 949-644-3001 APPROVED: C —V,)K TITLE: Beach Burning/Fire Rings - Compliance with AQMD Rule 444 ABSTRACT: The City needs to comply with the South Coast Air Quality Management District's (AQMD's) Rule 444 (Open Burning) by March 1, 2014. To do so, the City must decide what to do with the sixty (60) wood -fueled fire rings at the Balboa Pier area (33 rings) and at CdM State Beach (27 rings). Staff is recommending that twenty-seven (27) wood -fueled rings remain citywide and be separated by a minimum of 50', and that the City replace some or most of the visitor -serving value of the removed 33 wood -fueled rings by participating in an alternative -fuel fire ring demonstration project with AQMD. If the project is successful and safe, staff suggests expanding it at an appropriate time. RECOMMENDATION: Direct staff to take the necessary steps to follow AQMD's Rule 444, including, but not limited to: Spacing the existing wood -fueled rings at a minimum of 50' from each other while retaining the same overall footprint within which sixty (60) rings are located today; and 2. Limiting the type of material burned in wood -fueled rings to natural firewood and/or low -smoke burning logs, provided that the City staff reviews and approves the type of firewood or low -smoke burning logs; and Authorizing the City staff or a vendor to provide for the sale of such natural firewood and/or low -smoke burning logs in locations proximate to the remaining wood -fueled fire rings, along with appropriate enforcement and supervision; and 4. In addition to the 27 natural wood burning rings, participating with the South Coast Air Quality Management District (AQMD) in reviewing, permitting, installing, and supervising any alternative -fuel fire ring demonstration project at the Balboa Pier Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 2 area and/or the CdM State Beach area, provided that safety concerns are addressed to the City's satisfaction; and 5. Authorizing the Mayor to enter into any agreement associated with the AQMD Demonstration Project; and 6. Providing for the appropriate rules, regulations, enforcement and supervision of Items #24 above; and 7. Seeking permit approval by the California Coastal Commission or any other agency (where applicable); and 8. Taking any other action consistent with the above approach. FUNDING REQUIREMENTS: Spacing the current 60 wood -fueled rings to 27 wood -fueled rings at each location involves a minor expense. The demonstration project at this time is suggested to be funded by AQMD, and AQMD staff has suggested allocating about $600,000 for projects of this type district -wide. It is uncertain if the pilot program's supervision costs are also funded by AQMD. The City will incur additional enforcement, maintenance and supervision costs following placement of the alternative -fuel rings and to appropriately limit fuels to firewood or low - smoke logs within the remaining 27 wood -fueled rings. These costs are challenging to estimate at this time, but could be in the range of $100,000 to $200,000 per year and will depend on the operational hours of the new rings. While these costs are significant, having additional resources (contract or in-house) on the beach assisting visitors and residents have a safe beach experience is valuable. It is uncertain as to what gas demands will be on the installed alternative -fuel rings as well as the proximity and capacity of existing natural gas lines. Staff will investigate this further should the pilot project be approved. DISCUSSION: Concrete fire rings are located on the beach in two areas including Corona del Mar (27 fire rings) and the Balboa Pier area (33 fire rings). While fire rings are appreciated by many beachgoers, concerns have been raised about them, including: • Health impacts to nearby residents and other beachgoers due to smoke and particulate matter from the beach fires. • Safety of fire ring users and other beachgoers when hot ash is not doused or disposed of properly, or when individuals are injured after falling near or in a fire ring. Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 3 More detail is provided in previous staff reports about this issue, so this agenda report attempts to update the reader on actions regarding fire rings since the City Council voted 7-0 to remove the wood -fueled rings in March 13, 2012. Readers may review those staff reports on the City's web page ("Fire Rings') located here: newoortbeachca. gov/index. asox?pace=2126 Actions since March 2012 (in reverse chronological order). The following actions have occurred since the Council last acted on this issue in March of 2012: October 17, 2013. The International Agency for Research on Cancer (IARC), part of the World Health Organization (WHO), classifies outdoor air pollution as carcinogenic to humans. Particulate matter, a major component of outdoor air pollution, was evaluated separately and is now also classified as carcinogenic to humans. Both are classified as "Group 1" carcinogens. The Group 1 category is used when there is "sufficient evidence" of carcinogenicity in humans (see Attachment B). Summer -Fall 2013. AQMD issues a Request for Proposals (RFP) for the alternative -fuel fire ring demonstration project. The City staff participates in the technical review of the proposals. August 14, 2013. Assembly Members Travis Allen (R -Huntington Beach) and Sharon Quirk - Silva (D -Fullerton) co-sponsor an amended AB 1102. The bill prohibits AQMD from enacting a rule that prohibits a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand. AB 1102 becomes a 2 -year bill in the Assembly Natural Resources Committee, and can be heard after the first of the year in 2014. July 12, 2013. Following a staff report, a presentation (Attachment D), and extensive public comment, AQMD narrowly approves an amendment to Rule 444 — Open Burning (see Attachment A). Under the measure, wood -fueled fire rings will continue to be allowed in Los Angeles and Orange Counties as long as: 1. A city has not made a determination based on state law that smoke from wood -fueled fire rings poses a nuisance. In this case, all wood -fueled fire rings can be removed. Or 2. Effective March 1, 2014, wood -fueled fire rings can remain if: • They are located at least 700 feet from the nearest residence; OR • They are at least 100 feet apart (however, if a city has 15 or fewer fire pits within contiguous beach areas, they must be separated by at least 50 feet); and • Air quality for fine particulates (PM2.5) in coastal areas is not forecast to exceed 100 on the Air Quality Index. (This is expected to occur infrequently under special meteorological conditions.) At this same time, AQMD discussed coordinating an alternative -fueled fire ring demonstration project, possibly using natural gas or propane to fuel beach or beach -adjacent fire rings. July 2, 2013. The City withdraws its application to the California Coastal Commission requesting permission remove the 60 wood -fueled fire rings. The Coastal Commission was Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 4 scheduled to consider the item at its July 11, 2013 meeting and could not delay its decision to wait until after AQMD adopted AQMD's rule amendments due to provisions of the Permit Streamlining Act. March - May, 2013. The Air Quality Management District (AQMD) conducts air quality monitoring studies in the area to determine the air quality impacts of recreational beach fires. On May 15, AQMD representatives presented a preliminary assessment of the findings to a meeting of Orange County Mayors. These health impact findings included: • Wood smoke's particulate matter is primarily in the <2.5 micron size range. • Wood smoke is a source of several hazardous air pollutants (HAPs). • One fire ring's PM2.5 emission rate is equal to three 2013 fleet average diesel trucks or the second hand smoke from 800 cigarettes. • Thirty fire rings' PM2.5 emission rate is equal to "an average large south coast refinery." • Fire ring wood smoke impacts beach areas and extends into communities. • 1 -hour average PM2.5 concentrations can exceed public health guidance levels. March 6, 2013. The City's application before the Coastal Commission is heard, but not voted upon. Commissioners continue the hearing and our application until such time as AQMD has a chance to review its rule on Open Burning (Rule 444). May 2012 - February 2013. The City and the Coastal Commission correspond regarding the City's application to remove the wood -fueled rings. About the AQMD Rule AQMD Rule 444 was amended following a close vote on July 12, 2013 at a well - attended hearing in Diamond Bar. The amended rule is provided as Attachment A. The rule's amendment was AQMD's first foray into beach bonfires following AQMD's Spring 2013 studies of air quality around Huntington Beach, Newport Beach, and Corona del Mar. The studies concerned AQMD staff enough to propose an amendment to Rule 444 that would either allow a community to declare woodsmoke from beach burning a nuisance (and therefore move to remove the rings) or to space the rings out at either 1 00'from each other or 50' from each other, if the rings were within 700' of residences. All of Newport Beach's 60 wood -fueled rings are within 700' of residences. AQMD's rule included a provision that, should a city deem woodsmoke a nuisance, then the removal of fire rings under the nuisance provision would not be subject to additional review or oversight by any other State or local agency, such as the California Coastal Commission. As to the spacing requirements when fire rings were within 700' of residences, AQMD provided two alternative paths which must be achieved by March 1, 2014: 0 100' spacing if there are more than 15 wood -fueled rings citywide; or Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 5 o 50' spacing if there are 15 or fewer wood -fueled rings in "contiguous beach areas" in a city. Contiguous Beach Area As we have prepared this staff report and recommendation, we've had a dialogue with others regarding the term "Contiguous Beach Area." Rule 444 does not define a contiguous beach area. The presentation (Slide #15) made to the AQMD Board in July 2013 suggested that "50' spacing allowed if small number of rings on the beach" (see Attachment D). However, the AQMD staff report (page 5) for that same meeting said that "...the contiguous beach area condition is intended to consider beaches separately, in terms of rule applicability, if a city has beaches that are separated by another city's or unincorporated area's beaches" (see Attachment E). AQMD staff later told City staff that the contiguous beach area term was intended to apply to large geographic cities split by other cities or unincorporated areas, like Los Angeles. We respectfully struggle with this term's randomness. It is about 1.25 miles (6,700') between the easternmost fire ring at the Balboa Pier to the westernmost ring at Big Corona. The largest interruption of the beach between these points is the Harbor Jetty, but other interruptions of this straight line include homes, bird habitat, and more. It seems reasonable to us to deem that a break of 1.25 miles between fire rings equates to a non-contiguous beach area. Therefore staff is recommending that the City interpret this undefined term with the Newport Harbor Jetty interrupting the contiguity of the fire ring areas in Newport Beach. We believe that this interpretation is appropriate and defensible. About the Alternative Fuel Proposals The AQMD received at least six different alternative fuel proposals, and as of the date of this staff report has suggested to its Board that it pursue two of the vendors who submitted proposals — Earth's Flame of Corona, CA and Blazing Design of Essex Junction, VT. City staff (from the Fire Department, Recreation, Public Works, and City Manager's Office) provided some input to the technical review process for the proposals. The two selected proposals have slightly different approaches to providing an alternative to wood -burning fire rings, with one using artificial ceramic firelogs on a natural gas -burning grate framework (Earth's Flame) and one using fabricated steel for the logset over propane (Blazing Design). While the initial Blazing Design concept assumes propane as the fuel use, natural gas can be stipulated if this design is advanced. Staff has concerns about using propane as a fuel source, as a leak in the system could cause the propane to pool on the ground (and cause an ignition risk) given that propane is more dense than air. AQMD continues to note in its documents that Newport Beach is a possible location for its alternative -fuel fire ring demonstration project, which AQMD has tentatively funded Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 6 for up to $600,000. Other locations within the District could be State Parks properties such as Doheny State Beach in Dana Point. The staff recommendation, if approved, would authorize the Mayor to enter into any agreement with AQMD to further design, permit, install, and/or manage the alternative -fuel systems. Initially, staff suggests placing any demonstration project near hardscape and a nearby natural gas source, such as the Balboa Pier area. What can be burned on the beach now? The City's municipal code does not specifically limit what can be burned in the fire rings to firewood. A prohibition against things other than wood being burned is arguably NBMC §11.08.050 (Disposal of Noncombustible Refuse): "...no person shall throw, place, bury or otherwise dispose of broken glass, crockery, ashes, cinders, bottles, tin cans, and other similar noncombustible waste matter upon any beach within the City, except in such receptacles as may be provided for by the City for the deposit of such waste matter." It is likely that an ordinance change should be made to further limit materials burned to natural firewood, low emission logs, or natural gas. About the Staff's Recommendation The staff recommendation attempts to follow Rule 444 while acknowledging the protection of health, the past direction of the Council, the presence of new Council perspectives, input from AQMD and Coastal Commission representatives, the desire to avoid impacting visitor -serving coastal amenities, the new information from the WHO, input from visitors, residents, and others, and our ability to enforce new regulations. Yet it is far from the perfect compromise. Our recommendation is as follows: Part 1 — 27 Wood -Fueled Rings. o Use the same footprint as the existing wood -fueled rings so as to avoid impacting new community interests (residents or businesses) by wood smoke. o Deem that Big Corona and the Balboa Pier areas are two separate beach areas divided by the Newport Harbor Jetty for the purposes of AQMD's beach area contiguity guidance. o Space these wood -fueled rings at a minimum 50' radius apart from each other. Doing so would allow a total of twenty-seven (27) wood -fueled rings as follows: o Twelve (12) wood -fueled rings at Big Corona (see Diagram A) o Fifteen (15) wood -fueled rings at the Balboa Pier, with: • Seven (7) at the north section —see Diagram B; and • Eight (8) at the south section — see Diagram C. o Limit all fueling for wood -fueled rings to only natural firewood and/or low -smoke burning logs. Allow the City or a vendor to sell natural wood or low -smoke burning logs at/or near each location. o Enforce the above limitation by appropriate rule, regulation, supervision, and penalty. Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 7 Part 2 — Alternative Fueled Rings — Demonstration Project and Phases For Phase I (AQMD Demonstration Project), select a location(s) at the Balboa Pier area close to hardscape and a fuel source to install a natural gas or other system supported and funded by AQMD that would establish fire rings that could: c Accommodate persons with disabilities who require wheelchair access. c Accommodate large groups around a single system, where church, organization, business, family or scouting groups could enjoy a single "group bonfire" together. If each of these group bonfires were equivalent to six separate rings, access to a bonfire under Phase I could come close to access today. o For Phase Il, consider placement of up to two similar group bonfire system(s) and up to three small one -ring systems at Big Corona, should the group bonfire and single ring systems at the Balboa Pier be successful, safe, and desirable. o For Phase III, consider whether the success/popularity/safety of the alternative fuel systems should or could be brought further onto the sand (if safe) to replace — one-for- one — some or all of the 27 wood -fueled rings over time. Table 1 shows the quantity/equivalency of fire rings should this proposal be implemented through Phase II: Today Table 1 wocd- contiguous Beach wood- Fueled Rings Alt -Fuel - Wood- Group Fueled Bonfires ;.qurvo!ents uel--d Area 2 12 3 Rin Balboa Pier Area 33 Big Corona 27 27 Totols 60 Table 1 Benefits of City Proposal • Improve from current air quality by: o Cutting overall woodsmoke production by at least half. e Limiting burning of illegal materials — trash, furniture, etc — by limiting burning to natural firewood or low -emission logs. Improve beachgoer amenities via: o New ADA accessible alternative -fuel rings c New alternative fuel group bonfire areas that accommodate larger groups around a single ring. Retain some traditional wood -fueled rings without declaring all a nuisance. Proposed wood- Fueled Rings Alt -Fuel - Wood- Group Fueled Bonfires ;.qurvo!ents Air -Fuel - single Rings 15 2 12 3 12 2 12 3 27 + 24 6 Benefits of City Proposal • Improve from current air quality by: o Cutting overall woodsmoke production by at least half. e Limiting burning of illegal materials — trash, furniture, etc — by limiting burning to natural firewood or low -emission logs. Improve beachgoer amenities via: o New ADA accessible alternative -fuel rings c New alternative fuel group bonfire areas that accommodate larger groups around a single ring. Retain some traditional wood -fueled rings without declaring all a nuisance. Beach Buming/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 8 Diagram A — Biq Corona a \M Pt ,rse II f Cocoa Del ' �`. •_��'� 1.1. State Beach Diagram B — Balboa Pier, northerly portion 0 0 1 0 '• 1 ,% o Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 9 Diagram C — Balboa Pier, southerly portion 4 a Note: In the diagrams shown, the white dots are wood -fueled rings, the red are alternative - fueled rings. The larger surfboard -shaped ovals designate locations for group bonfires. The green overlay area represents the current footprint of the existing fire rings. The aerial photograph is from 2011, and shows beach trash cans and locations for hot coal disposal as well as the fire rings themselves. These diagrams are for discussion purposes only — the actual layout of the rings, should Council approve this recommendation, may change somewhat based on safety and proximity to utilities. About Enforcement, Supervision, and Maintenance The path to appropriate enforcement and supervision of the natural firewood limitation and the operations of the altemative-fueled rings is unclear right now. For our residents and visitors, the success of this plan depends on safe long-term operation of the alternative -fueled rings and the natural firewood limitations for the wood -fueled rings. Ahead we see additional educational efforts, appropriate citations and penalties for misuse, and the possibility of significant increased operational expenses keeping the alternative -fueled systems operating properly. At the same time, having staff or a vendor supervising nearly vacant fire rings on a cold day in December seems unreasonable. We will need to plan for and prioritize the types of staffing that might occur in high seasons and busy days of the week versus much Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 10 quieter times. We may ask that the Council allow us to place some of the rings off-line for staffing efficiency during low -use periods. We may suggest a reservation system should the group bonfire areas become too popular. All of that is yet to be determined. Alternatives: Should the City Council desire, it could: 1. Follow Rule 444's Section (d)(4), and declare beach burning devices within the City boundaries a "nuisance" under the Public Resources Code or the Health and Safety Code. If the City does this, the Rule states that "...these devices may not be made available by a state or local authority." Officials from the California Coastal Commission are likely to disagree that this provision of AQMD's rule overrides the Coastal Commission's authority to issue Coastal Development Permits (CDPs) for the removal of beach amenities like wood -fueled rings. 2. Follow Rule 444's Section (d)(3)(G)(ii)(II) and determine that distancing between wood -fueled rings be 100'. a. If the current fire ring footprints are used and 100' spacing is applied, this would result in at most eight (8) wood -fueled rings remaining on the community's beaches (which would then mean that the 50' distancing would be OK, leaving a total of fifteen [15] rings to space around the current footprints citywide). b. If current footprints are ignored, sixty (60) rings could be placed across a 6,000' stretch of beach (over a mile long) if done in a long line to limit impacts on snowy plover habitat, wave run-up during storms, and other access. However, doing so would make enforcing burning rules virtually impossible. 3. Interpret "contiguous beach area" differently than City staff has done, and distance wood -fueled fire rings by 50' but only allow 15 to remain in the entire city; or 4. Suggest some other variation of wood -fueled fire ring footprint that remains in compliance with Rule 444. ENVIRONMENTAL REVIEW: Staff recommends the City Council find compliance with Rule 444 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268(a) because the City's proposal to reduce the number of fire rings and space the fire rings farther apart is mandated by South Coast Air Quality Management District's Rule 444 and not subject to the discretion of the City. The City's compliance with Rule 444 is therefore ministerial. Further, based upon the substantial evidence contained herein, reducing the number of wood -fueled fire rings and spacing them farther apart within the same footprint on the beach will not cause significant impacts to the environment. In addition, Beach Burning/Fire Rings - Compliance with AQMD Rule 444 November 26, 2013 Page 11 the project is exempt pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction (Class 2), in that this is a replacement or reconstruction of existing structures, specifically the fire rings, within the same beach footprint. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by Dave Kiff City Manager Attachments: A. AQMD's Rule 444 — As Amended July 12, 2013 B. WHO Report on Particulate Matter C. Information provided to the City by Frank Peters, November 2013 D. PowerPoint Presentation made to the AQMD Board on July 12, 2013 E. Staff Report for the AQMD Board on July 12, 2013 (Adopted October 8, 1976)(Amended October 2, 1981) (Amended October 2, 1987)(Amended December 21, 2001) (Amended November 7, 2008)(Amended May 3, 2013) (Amended July 12, 2013) RULE 444. OPEN BURNING (a) Purpose The purpose of this rule is to ensure open burning in the District is conducted in a manner that minimizes emissions and impacts, and that smoke is managed consistent with state and federal law in order to protect public health and safety. (b) Applicability The provisions of this rule shall apply to any person conducting or allowing any open burning including, but not limited to: (1) Agricultural burning (2) Disposal of Russian thistle (Salsola kali or "tumbleweed") (3) Prescribed burning (4) Fire prevention/suppression training (5) Open detonation or use of pyrotechnics (6) Fire hazard removal (7) Disposal of infectious waste, other than hospital waste (8) Research of testing materials, equipment or techniques (9) Disposal of contraband (10) Residential burning (11) Beach burning (c) Definitions (1) AGRICULTURAL BURNING means open burning of vegetative materials produced wholly from the growing and harvesting of crops in agricultural operations, including the burning of grass and weeds in fence rows, ditch banks and berms in non -tillage orchard operations, fields being prepared for cultivation, agricultural wastes, and the operation or maintenance of a system for the delivery of water for agricultural operations. 444-1 Rule 444 (Cont.) (Amended July 12, 2013) (2) AGRICULTURAL OPERATIONS means any business occurring on a ranch or farm directly related to: (A) Growing of crops (B) Raising of fowl or other animals for the primary purpose of making a profit or for a livelihood (C) Conducting agricultural research or instruction by an educational institution (3) AGRICULTURAL WASTES means unwanted or unsalable materials produced wholly from agricultural operations directly related to the growing of crops or raising of animals for the primary purpose of making a profit or for a livelihood. Agricultural wastes do not include items such as plastic, rubber, ornamental or landscape vegetation, chemically treated wood, shop wastes, construction and demolition material, material containing asbestos, garbage, oil filters, tires, tar paper, pesticide and fertilizer containers, broken boxes, pallets, sweat boxes, packaging material, packing boxes or any other material produced in the packaging or processing of agricultural products. Orchard or vineyard waste or any other material, generated as a result of land use conversion to nonagricultural purposes is not agricultural waste. (4) AIR QUALITY INDEX (AQI) is a value established by the federal Environmental Protection Agency (EPA) to measure the level of the major air pollutants regulated by the Clean Air Act. The values range from 0 to 500 and are divided into six categories; higher values indicate greater levels of pollution and greater associated health concerns. The following summarizes the AQI: (A) 50 or below is Good (B) 51 through 100 is Moderate (C) 101 through 150 is Unhealthy for Sensitive Groups (D) 151 through 200 is Unhealthy (E) 201 through 300 is Very Unhealthy (F) Over 300 is Hazardous (5) APPROVED IGNITION DEVICES means those instruments or materials that will ignite agricultural waste without the production of black smoke. This would include such devices using liquid petroleum gas, butane, propane, or diesel oil burners and flares where the device produces a flame and the flame is then used for ignition. 444-2 Rule 444 (Cont.) (Amended July 12, 2013) (6) APPROVED IGNITION FUELS means pipeline quality natural gas, liquefied petroleum gas, or a petroleum liquid having an API gravity of at least 30. (7) BEACH BURNING means any recreational, ceremonial or open burning conducted in any public coastal area marked by an accumulation of sand. For the purposes of this rule, beach burning does not include the use of charcoal or gaseous or liquid fuel. (8) BURN AUTHORIZATION NUMBER is the number that is assigned to a burn project upon being granted approval by the Executive Officer. (9) BURN MANAGEMENT PLAN means a document prepared by an agricultural operator for a project which provides a description of the project, and other information as required under subparagraph (d)(8)(D). (10) BURN PROJECT means an active or planned prescribed burn, agricultural burn, fire prevention/suppression training, a naturally ignited wildland fire managed for resource benefits, or any other burn approved by the Executive Officer. (11) EMERGENCY BURN PLAN means a document prepared by an agricultural operator for open burning as an emergency measure to protect crops from freezing which provides a description of the project, and other information as required under subparagraph (h)(4)(C). (12) FIELD CROP means crop, other than fruit or vegetable, which is grown for agricultural purposes. (13) FIRE HAZARD means a hazardous condition involving combustible, flammable, or explosive material that could present a substantial threat to life or property, as declared by a fire protection agency. (14) FIRE PREVENTION/SUPPRESSION TRAINING means the instruction of employees in the methods of preventing or suppressing fires. (15) FIRE PROTECTION AGENCY means any public agency with the responsibility and authority to protect people, property, and the environment from fire, within its respective area of jurisdiction. (16) HEAVY FUELS means materials that burn slowly, sustain heat, and are difficult to extinguish. Heavy fuels include large downed woody materials such as logs and branches. (17) IMMINENT FIRE HAZARD means a fire hazard that presents an immediate danger to property or the health and/or safety of a person or persons and for which direct abatement by fire is necessary as directed by 444-3 Rule 444 (Cont.) (Amended July 12, 2013) a fire protection agency. An imminent fire hazard is distinguished from a prescribed bum by the immediate or urgent action needed to alleviate a threat. (18) LAND MANAGER means any federal, state, local, or private entity that administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land. (19) LIGHT FUELS means materials that burn quickly with a short period of intense heat such as grass and field crops. (20) MANDATORY WINTER BURNING CURTAILMENT means a period of time during the consecutive months of November through February where the burning of solid fuels is restricted for portions of the South Coast Air Basin at elevations below 3,000 feet above Mean Sea Level (MSL) based on the air quality criteria contained in AQMD Rule 445 (Wood-Buming Devices). (21) MARGINAL BURN DAY means a day in an air basin when open burning for individual projects is restricted to designated source/receptor areas and is not otherwise prohibited by the California Air Resources Board (CARB) or the Executive Officer of the District. A marginal bum day is declared when: (A) At least one of the meteorological criteria for an air basin is predicted to be met; (B) The AQI throughout the basin is predicted to be 150 or less; (C) The AQI in the designated source/receptor area(s) is predicted to be 100 or less; and (D) The designated source/receptor area(s) is not further restricted by a mandatory winter burning curtailment pursuant to AQMD Rule 445 (Wood -Burning Devices). (22) METEOROLOGICAL CRITERIA defines the daily predicted meteorological conditions that need to be satisfied to permit open burning for an air basin. The criteria are as follows: (A) Bum Area 40: South Coast Air Basin (at least one criterion must be satisfied): (i) Near 6:00 a.m., the expected height of the inversion base, if any, at Los Angeles International Airport is 1,500 feet above mean sea level or higher. 444-4 Rule 444 (Cont.) (Amended July 12, 2013) (ii) The expected maximum mixing height during the day is 3,500 feet above the surface. (iii) The expected mean surface wind between 6:00 a.m. and noon is greater than five miles per hour. (B) Burn Area 53: Mojave Desert Air Basin (all criteria must be satisfied): (i) 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. (ii) 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. (iii) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (C) Burn Area 55: Salton Sea Air Basin (at least three criteria must be satisfied): (i) 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. (ii) 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. (iii) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (iv) The expected daytime wind direction in the mixing layer is not southeasterly. (23) NO BURN DAY means a day in an air basin during which open burning is prohibited by the CARB or Executive Officer of the District. A no burn day is declared when: (A) None of the meteorological criteria for an air basin are met, or (B) The AQI in any area of the basin is predicted to be greater than 150. (24) OPEN BURNING COMBUSTION/OPEN DETONATION means the ignition and subsequent burning, or ignition, rapid decomposition and 444-5 Rule 444 (Cont.) (Amended July 12, 2013) subsequent burning of solid, liquid, or gaseous materials, outside of a combustion chamber with or without a visible flame and not directed through a chimney or flue. (25) PERMISSIVE BURN DAY means a day in an air basin during which open burning is not prohibited by the CARB or Executive Officer of the District. A permissive burn day is declared when: (A) At least one of the meteorological criteria for an air basin is acres. (27) PRODUCT TESTING means the evaluation of commercial products designed to detect the presence of flame or smoke or intended to prevent equipment damage due to flame. (28) RESIDENTIAL BURNING means open burning for the purposes of disposing of combustible or flammable solid waste, excluding Russian thistle, from a specific residence on its premises. (29) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers, hospitals, and convalescent homes, and other locations where children, chronically ill individuals, or other sensitive persons could be exposed. (30) SMOKE MANAGEMENT PLAN means a document prepared for each open burning event or project by land managers that provides information and procedures to minimize smoke impacts. 444-6 predicted to be met, (B) The AQI throughout the basin is predicted to be 100 or less, and (C) The designated source/receptor area(s) is not further restricted by a mandatory winter burning curtailment pursuant to AQMD Rule 445 (Wood -Burning Devices). (26) PRESCRIBED BURNING means planned open burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, identified on lands selected in advance for removal of (A) Vegetation from land predominantly covered with chaparral, trees, grass, or standing brush. (B) Forest vegetation or debris for the purposes of forest protection. (C) Brush, weeds, arundo, or other plant matter to promote a healthier environment for plant or animal species or to re-establish native plant species. (D) Disease and pest prevention. (E) Fire prevention/suppression training consuming greater than 10 acres. (27) PRODUCT TESTING means the evaluation of commercial products designed to detect the presence of flame or smoke or intended to prevent equipment damage due to flame. (28) RESIDENTIAL BURNING means open burning for the purposes of disposing of combustible or flammable solid waste, excluding Russian thistle, from a specific residence on its premises. (29) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers, hospitals, and convalescent homes, and other locations where children, chronically ill individuals, or other sensitive persons could be exposed. (30) SMOKE MANAGEMENT PLAN means a document prepared for each open burning event or project by land managers that provides information and procedures to minimize smoke impacts. 444-6 Rule 444 (Cont.) (Amended July 12, 2013) (31) SOURCE/RECEPTOR AREAS. A source area is that area in which contaminants are discharged and a receptor area is that area in which the contaminants accumulate and are measured. Any area can be a source area, a receptor area, or both a source and receptor area. The source/receptor areas are delineated on the attached map (Attachment 1). (32) WILDLAND means: (A) "Wildland" means an area where development is generally limited to roads, railroads, power lines, and widely scattered structures. Such land is not cultivated (i.e., the soil is disturbed less frequently than once in 10 years), is not fallow, and is not in the United States Department of Agriculture (USDA) Conservation Reserve Program. The land may be neglected altogether or managed for such purposes as wood or forage production, wildlife, recreation, wetlands, or protective plant cover. (B) For the California Department of Forestry and Fire Protection only, "Wildland" as specified in California Public Resources Code (PRC) section 4464(a) means any land that is classified as a state responsibility area pursuant to article 3 (commencing with section 4125) of chapter 1, part 2 of division 4 and includes any such land having a plant cover consisting principally of grasses, forbs, or shrubs that are valuable for forage. "Wildland" also means any lands that are contiguous to lands classified as a state responsibility area if wildland fuel accumulation is such that a wildland fire occurring on these lands would pose a threat to the adjacent state responsibility area. (d) Requirements and Prohibitions (1) A person shall not conduct or allow open burning unless all of the following are met: (A) The Executive Officer has declared the day a permissive burn day or a marginal burn day on which burning is permitted in the applicable source/receptor area and such burning is not prohibited by the applicable public fire protection agency. (B) The Executive Officer or the applicable fire protection agency has issued a written permit for the burn. For disposal of Russian thistle, subject to paragraph (d)(2)(C), a permit may also be issued by the Director of Forestry and Fire Protection or a County 444-7 Rule 444 (Cont.) (Amended July 12, 2013) Agricultural Commissioner, pursuant to California Health and Safety Code Section 41809. (C) The Executive Officer has authorized the bum by issuing a Burn Authorization Number for each day for each open burning event. (i) The Executive Officer has received the Bum Authorization Number request by 4:00 p.m. on the day prior to the burn. (ii) The Executive Officer may delay issuing a Burn Authorization Number until such time that an inspection of the proposed Burn Project can be conducted, in order to determine whether the open burning event complies with the provisions of the rule. (D) All site-specific permit conditions are met, pursuant to Rule 208 — Permit and Burn Authorization for Open Burning. (2) The Executive Officer may authorize open burning for: (A) Agricultural burning (B) Prescribed burning (C) Disposal of Russian thistle (D) Abatement of a fire hazard that a fire protection agency determines cannot be abated by an economically, ecologically and logistically viable option (E) Disposal of waste infected with an agricultural pest or disease hazardous to nearby agricultural operations and upon the order of the County Agricultural Commissioner (F) Disposal of infectious waste, other than hospital waste, upon the order of the County Health Officer to abate a public health hazard (G) Use of pyrotechnics for the creation of special effects during filming of motion pictures, videotaping of television programs or other commercial filming or video production activities provided untreated wood, charcoal or Approved Ignition Fuels are used (H) Disposal of contraband in the possession of public law enforcement personnel provided they demonstrate that open burning is the only reasonably available method for safely disposing of the material (1) Fire prevention/suppression training exercises, provided notifications and compliance with all requirements of Rule 1403 — 444-8 Rule 444 (Cont.) (Amended July 12, 2013) Asbestos Emissions from Demolition/Renovation Activities shall be required when applicable (J) Researching or testing fire retardant properties of materials (or enclosures) or the efficacy of fire suppression techniques or devices (3) A person is prohibited from open burning for: (A) Residential burning (B) Disposal of waste, except as specified in (d)(2) above, including hospital waste (C) Disposal of materials generated as a result of land use conversion for non-agricultural purposes (D) Disposal of materials from the production or storage of military ordnance, propellants, or pyrotechnics unless a fire protection agency, law enforcement agency or governmental agency having jurisdiction determines that onsite burning or detonation in place is the only reasonably available method for safely disposing of the material (E) Suppression of wildland fires, except those set by fire protection agencies, for the purpose of saving life or property (F) Complete burning of existing structures for fire prevention/ suppression training exercises (G) Effective March 1, 2014, beach burning, unless: (i) PM2.5 AQI of 100 or less has been forecast for the coastal source receptor area; and (ii) beach burning occurs in devices that are: (I) at least 700 feet from the nearest residence;-. or (II) at least 100 feet apart from one another; or (III) at least 50 feet apart from one another, if there are no more than 15 devices per contiguous beach area within the city's boundaries. (4) Notwithstanding the provisions of subparagraph (d)(3)(G), if a city or county has declared, pursuant to Public Resources Code section 30005(b) or Health and Safety Code section 41509(a), that designated beach burning devices within its boundaries cause a nuisance, as defined in Civil Code section 3479 or Health and Safety Code section 41700(a), due to 444-9 Rule 444 (Cont.) (Amended July 12, 2013) wood smoke exposure, then those devices may not be made available by a state or local authority. (5) A person shall not commence: (A) Open burning for agricultural field crops before 10:00 a.m. or later than 5:00 p.m. (B) Open burning, other than for agricultural field crops, except as authorized in an approved Smoke Management Plan: (i) Earlier than one hour after sunrise (ii) Later than two hours before sunset, with no new ignition, or fuels added to an existing fire (6) A person shall use only approved ignition devices to ignite open burning. (7) A person shall not transport vegetative waste for the purpose of open burning from one property to another, unless it is necessary to avoid burning within 1,000 feet of a sensitive receptor. (8) Additional requirements for agricultural burning: (A) A person shall not conduct or allow the open burning of agricultural waste unless it has been allowed to dry for the following minimum times: (i) Trees and large branches (3 in. or greater): 6 weeks (ii) Prunings and small branches (I in. to less than 3 in. diameter): 4 weeks (iii) Wastes from field crops that are cut in a green condition: 4 weeks (iv) Fine fuels (0.25 in. to less than I in. diameter): 3 weeks (v) Very fine fuels (less than 0.25 in.): 10 days (B) A person shall not conduct or allow the open burning of agricultural waste unless it is free of dirt, soil, and visible moisture. (C) A person shall ignite rice, barley, oat and wheat straw only by strip -firing or by backfiring into the wind unless a fire protection agency declares such actions would constitute a fire hazard. (D) A person shall not conduct or allow the open burning of agricultural waste unless a Burn Management Plan is approved in writing by the Executive Officer for any project greater than 10 acres or a project that produces more than one ton of particulate matter emissions, as determined using EPA AP -42 or equivalent emissions factors approved by the Executive Officer, CARB, and 444-10 Rule 444 (Cont.) (Amended July 12, 2013) EPA. At a minimum, the Burn Management Plan shall contain the following information: (i) Location, types, and amounts of material to be burned (ii) Expected duration of the fire from ignition to extinction (iii) Identification of responsible personnel, including telephone contacts (iv) Identification and location of all smoke sensitive areas (v) Calculation of the particulate emissions tonnage, when the particulate emissions tonnage is selected as the criteria for determining the project size (E) A person shall not conduct or allow the open burning of agricultural waste unless the burn is located farther than 1,000 feet from a sensitive receptor location. (9) Additional requirements for prescribed burning: (A) A person shall conduct or allow prescribed burning only when the fires are set by, under the jurisdiction of, or pursuant to the orders or requirements of a fire protection agency. (B) A person shall not conduct or allow prescribed burning unless a Smoke Management Plan is approved in writing by the Executive Officer for any project greater than 10 acres or that produces more than one ton of particulate matter emissions, as determined using EPA AP -42 or equivalent emissions factors approved by the Executive Officer, CARB, and EPA. Smoke Management Plans shall be updated annually. At a minimum, the Smoke Management Plan shall contain the following information: (i) Location, types, and amounts of material to be burned (ii) Expected duration of the fire from ignition to extinction (iii) Identification of responsible personnel, including telephone contacts (iv) Identification and location of all smoke sensitive areas (v) Calculation of the particulate emissions tonnage (C) A person shall not conduct or allow prescribed burning unless a Smoke Management Plan is approved in writing by the Executive Officer for any project greater than 100 acres or that produces more than 10 tons of particulate matter emissions, as determined using EPA AP -42 or equivalent emissions factors approved by the 444-11 Rule 444 (Cont.) (Amended July 12, 2013) Executive Officer, CARB, and EPA. Smoke Management Plans shall be updated annually. At a minimum, the Smoke Management Plan shall contain the information required by subparagraph (d)(9)(B) and the following information: (i) Identification of meteorological conditions necessary for burning (ii) Smoke management criteria the land manager will use for making burn ignition decisions (iii) Projections, including a map, of where the smoke from bums is expected to travel both day and night (iv) 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 (v) Evaluation of and consideration of emission reduction techniques including environmentally, economically, and logistically viable alternatives to burning (vi) Discussion of public notification procedures (D) The Executive Officer shall prioritize bum authorization requests based upon: (i) The level of training of the person conducting the bum as identified in the Burn Management Plan and Smoke Management Plan. (ii) The measures identified in the Smoke Management Plan proposed to reduce emissions. (E) Notwithstanding subparagraph (d)(1)(A), the Executive Officer may allow prescribed burning on marginal bum days, provided a Smoke Management Plan has been approved. (e) The Executive Officer may allow the Maximum Daily Burn Acreage for Agricultural Burning and Prescribed Burning as follows: (1) For all areas within the District jurisdiction, excluding the Coachella Valley: (A) 175 acres for prescribed wildland and range burning; and (B) 175 acres for agricultural burning; (2) For the Coachella Valley: 444-12 Rule 444 (Cont.) (Amended July 12, 2013) (A) 6 acres for prescribed wildland and range burning; and (B) 41 acres for agricultural burning; and (3) The provisions of this subdivision, limiting the maximum daily acreage, shall not apply to prescribed burning when a land manager has: (A) Demonstrated that the prescribed burn is required to reduce a fire hazard that jeopardizes public health or safety; and (B) Submitted a satisfactory Smoke Management Plan that has been approved by the Executive Officer. (f) Administrative Requirements (1) An Annual Post Burn Evaluation Report shall be submitted on or before January 31" of each calendar year for any open bum projects that require a Smoke Management Plan or a Bum Management Plan. The Report shall include, but not be limited to, the following: (A) The type of material burned (B) The total acreage permitted to bum (C) The total acreage burned (D) The total tons of material burned (E) The estimated fuel loading in tons per acre (F) The total of the estimated PM emissions (2) Fire Protection Agencies within the District must submit copies of written bum permits to the Executive Officer quarterly. (g) Fees If required by District Rule 306, any person conducting or allowing any open burning shall accompany the submittals required by subparagraphs (d)(8)(D), (d)(9)(B), (d)(9)(C), (h)(4)(C), and paragraph (f)(1) with applicable filing and evaluation fees pursuant to District Rule 306. (h) Exemptions (1) The provisions of paragraphs (d)(1) and (d)(5) of this rule shall not apply in the case of an imminent fire hazard, as defined in this Rule. (2) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause (d)(1)(C)(ii) shall not apply to fire prevention/suppression training exercises or research, conducted by fire protection agencies, provided that: (A) For training exercises not conducted within existing structures: 444-13 Rule 444 (Cont.) (Amended July 12, 2013) (i) Each training fire is limited to no more than 30 minutes duration, (ii) The total cumulative burn time in a 24-hour period does not exceed: (a) Four (4) hours for Light Fuel (b) Six (6) hours for Heavy Fuels or a mixture of Light and Heavy Fuels (iii) Only Authorized Ignition Fuels are used. (B) For training exercises conducted within existing structures, each training fire is limited to no more than 30 minutes in duration. (3) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause (d)(1)(C)(ii) shall not apply to fire prevention/suppression training exercises or to product testing conducted by non -fire protection agencies provided that: (A) Each fire is limited to no more than 30 minutes in duration, (B) The total bum time does not exceed four (4) hours in a 24-hour period, and (C) Only Authorized Ignition Fuels are used. (4) The provisions of subparagraphs (d)(1)(A) and (d)(8)(E) of this rule shall not apply to open burning as an emergency measure to protect crops from freezing provided that: (A) Open burning is the most immediate or only option available; (B) The temperature at the time of the requested open burning is reasonably anticipated to be below 40° Fahrenheit; (C) An Emergency Burn Plan submitted by the person seeking to conduct open burning is approved by the Executive Office prior to conducting the burn. The Plan shall include, but not be limited to, the following: (i) Location, types, and amounts of material to be burned (ii) Type of crop being protected (iii) Estimate of potential economic loss (iv) Expected dates, time, and duration of the fire from ignition to extinction (v) Identification of responsible personnel, including telephone contacts 444-14 Rule 444 (Cont.) (Amended July 12, 2013) (vi) Identification and location of all smoke sensitive areas (D) All site-specific conditions imposed by the Executive Officer as part of the approved Emergency Burn Plan are met; and (E) The person conducting the open bum shall notify the Executive Officer no more than 24 hours following the authorized burn to report the total amount of agricultural material burned. (5) The provisions of this rule shall not apply to: (A) Open burning located on islands 15 miles or more from the mainland coast. (B) Fireworks displays. (C) Pyrotechnics used for creation of special effects at theme parks. (D) Detonation of explosives during: (i) Quarry or mining operations (ii) Bomb disposal by a law enforcement agency (iii) Demolition of buildings or structures (E) The use of pyrotechnics, detonation of explosives, or fire effects for creation of special effects during theatrical productions, filming of motion pictures, videotaping of television programs or other commercial filming or video production activities provided that: (i) Each fire effect is limited to no more than 30 minutes in duration, and (ii) The fuel is untreated wood, charcoal, or Authorized Ignition Fuels. (6) Except for the requirements of subparagraph (d)(3) and (d)(4), the provisions of this rule shall not apply to: (A) Recreational fires or ceremonial fires, including fires conducted pursuant to United States Code, Title 4, Chapter 1, Section 8. (B) Open burning of natural gas, propane, untreated wood, or charcoal for the purpose of: (i) Preparation or warming of food for human consumption; or (ii) Generating warmth at a social gathering. (7) The distance and spacing provisions of clause (d)(3)(G)(ii) shall not apply to beach burning devices that are made available to comply with the Americans with Disabilities Act by making the beach burning device accessible via a continuous unobstructed concrete, asphalt or other 444-15 Rule 444 (Cont.) (Amended July 12, 2013) permanent pathway that crosses the surface of the beach. This paragraph does not exempt the beach burning devices that are made available for the Americans with Disabilities Act compliance from the total device count specified in sub -clause (d)(3)(G)(ii)(III). (i) Severability If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the validity or applicability of such provision to other persons or circumstances. 444-16 A A A EE 4�, World Organization PRESS RELEASE N° 221 17 October 2013 IARC: Outdoor air pollution a leading environmental cause of cancer deaths Lyon/Geneva, 17 October 2013 — The specialized cancer agency of the World Health Organization, the International Agency for Research on Cancer (IARC), announced today that it has classified outdoor air pollution as carcinogenic to humans (Group 1). After thoroughly reviewing the latest available scientific literature, the world's leading experts convened by the IARC Monographs Programme concluded that there is sufficient evidence that exposure to outdoor air pollution causes lung cancer (Group 1). They also noted a positive association with an increased risk of bladder cancer. Particulate matter, a major component of outdoor air pollution, was evaluated separately and was also classified as carcinogenic to humans (Group 1). The IARC evaluation showed an increasing risk of lung cancer with increasing levels of exposure to particulate matter and air pollution. Although the composition of air pollution and levels of exposure can vary dramatically between locations, the conclusions of the Working Group apply to all regions of the world. A major environmental health problem Air pollution is already known to increase risks for a wide range of diseases, such as respiratory and heart diseases. Studies indicate that in recent years exposure levels have increased significantly in some parts of the world, particularly in rapidly industrializing countries with large populations. The most recent data indicate that in 2010, 223 000 deaths from lung cancer worldwide resulted from air pollution. 2 The most widespread environmental carcinogen "The air we breathe has become polluted with a mixture of cancer-causing substances," says or Kurt Straif, Head of the IARC Monographs Section. "We now know that outdoor air pollution is not only a major risk to health in general, but also a leading environmental cause of cancer deaths." The IARC Monographs Programme, dubbed the "encyclopaedia of carcinogens", provides an authoritative source of scientific evidence on cancer-causing substances and exposures. In the past, the Programme evaluated many individual chemicals and specific mixtures that occur in outdoor air pollution. These included diesel engine exhaust, solvents, metals, and dusts. But this is the first time that experts have classified outdoor air pollution as a cause of cancer. `Our task was to evaluate the air everyone breathes rather than focus on specific air pollutants," explains Dr Dana Loomis, Deputy Head of the Monographs Section. "The results from the reviewed studies point in the same direction: the risk of developing lung cancer is significantly increased in people exposed to air pollution." IARC Monographs evaluations Volume 109 of the IARC Monographs is based on the independent review of more than 1000 scientific papers from studies on five continents. The reviewed studies analyse the carcinogenicity of various pollutants present in outdoor air pollution, especially particulate matter and transportation -related pollution. The evaluation is driven by findings from large epidemiologic studies that included millions of people living in Europe, North and South America, and Asia. 'Please note that the summary evaluation will be published by The Lan cel Oncologv online on Thursday 24 October 2013 http,/Iwww.iarc.fr/en/publications/books/spl6l/lndex.php Page 2 IARC: Outdoor air pollution a leading environmental cause of cancer deaths The predominant sources of outdoor air pollution are transportation, stationary power generation, industrial and agricultural emissions, and residential heating and cooking. Some air pollutants have natural sources, as well. "Classifying outdoor air pollution as carcinogenic to humans is an important step," stresses IARC Director or Christopher Wild. 'There are effective ways to reduce air pollution and, given the scale of the exposure affecting people worldwide, this report should send a strong signal to the international community to take action without further delay." For more information, please contact Veroniaue Terrasse, Communications Group, or at+33 (0) 645 284 952 or or Nicolas Gaudin, IARC Communications The International Agency for Research on Cancer (IARC) is part of the World Health Organization. Its mission is to coordinate and conduct research on the causes of human cancer, the mechanisms of carcinogenesis, and to develop scientific strategies for cancer control. The Agency is involved in both epidemiological and laboratory research and disseminates scientific information through publications, meetings, courses, and fellowships. If you wish your name to be removed from our press release e - mailing list, please write to con-hojarc.fr. IARC, 150 Cours Albert Thomas, 69372 Lyon CEDEX 08, France - Tel: +33 (e)4 72 73 84 85 - Fax: +33 (0)4 72 73 85 75 © IARC 2013 - All Rights Reserved. M Dr. Mark Z. Jacobson Professor of Civil and Environmental Engineering, Stafford University 94 Particulate Matter now classified as Carcinogenic to Humans International Agency for Research on Cancer '� World Health Organization PRESS RELEASE No 221 17 October 2013 The New Group _I H Type 1 PARTICULATE MATTER ° Pill Ionium Radium ° Tobacco Smoking ® Secondhand Tobacco Smoke i. i 1 �. mit, .;a'�•� r m One beach bonfire 1 q 1. to the secondhand .AQ -MD Staff. Report exposure o wood od j V tl -' can f cause e o->ug infections, rosr asthma C !a' otherl! o1iP ICS Dr. Michael Lipsett Chief Environmental Health Investigations Branch California Department of Public Health I My wife was diagnosed with lung cancer and is currently too may ha e lung cancer. Breakers Drive resident cancer was around Y Y heart c® 1 d lungs with lymph nodes �� �� yr lungs w iii 23 -year old Breakers Drive resident «uA •J We found o r e a !_ 9 _ 9between a Dr. William Burke AQMD Board of Governors Chairman r:.' 1, ti, -'7'A �l: -,x1 .� �!r_J—'fdJ ' Qj`/v` �• :, � N IM F P AJ e WO Big Corona 700' radius W .4W 4 , _ f � �,.•}tom' t %J . „ _If04. yr4 1 Y it . Balboa 700' radius PUBLIC HEARING: PROPOSED AMENDMENTS TO RULE 444 - OPEN BURNING Governing Board Meeting July 12, 2013 o Newport Beach request to the Coastal Commission to remove fire rings oCommission staff cited exemption in SCAQMD rules as a justification to deny request "AQMD's Rule 445 specifically exempts beach fire rings ... from its restrictions." "...AQMD has excluded beach fire pits from its air quality control program." "...the City is not under any order to remove their fire pits to meet any requirement of any air pollution control district." o SCAQMD schedule driven by Coastal Commission's hearing date pursuant to the permit streamlining act �. 7/12/2013 1 How Wocx fl ; Harms Your Health Some people like iM smell of wand smoke. It reminds them of ooV fall days and wiener somings mods a we, fire. Most people don't realm this smell a a danger sign Thal meas¢ their heahh is being oHecred as it that were breathing cigam a smoke. Wood smoke is especially Mmdd to children, the elderly, and ceople wiNl long and Mart disease. This bookla discussas ho. wend .as ofttts aur health. WOOD SMOKE Particulates primarily in <PM2.5 size range Source of Hazardous Air Pollutants (HAPS) s� d„oa�c Was Cigarettes ompound� e Smoke Multiple PAHs, including ✓ ✓ Benzo(a)pyrene Benzene Formaldehyde ✓ ✓ Ultraf ne ✓ ✓ Particles PM2.5 ✓ ✓ r'QV51 y` 7/12/2013 2 one fire ring Three 2013 fleet average diesel trucks one fire ring Second hand smoke from 800 cigarettes —275 fire rings Current Huntington Beach AES power plant ^30 fire rings Average large south coast refinery (FCCU only) —17 fire rings Average of recent unplanned refinery flaring events I'®'i'EN7'uiL IIVAI.rPU INiPAPmc Beach Fire Rings • Approximately 765 along public coastline • High utilization, seasonal basis • Some in close proximity to residences • Other materials being burned Coastal Air Monitoring Fire ring wood smoke impacting beach areas and extends into communities 1 -hour average PM2.5 concentrations can exceed public health guidance levels 7/12/2013 3 PALBOA PEACH PM2 5 DOURLY AVERAGE TIME SERIES 250 E 1200I M - 6 O 1100 a Q 50 w i O 0 T' 4$$'3SggY.s88$8a480000agoo94��g88g8$ySSSS$oa00000000 a Dake/Time „ —Balboa Beach PM25 (uglm3) ®USG 1 to 3 hour (ug/m3) —Unhealthy 1 to 3 hour (ug/m3) USG =Unhealthy for Sensitive Groups Unhealthy - "consider canceling public events, based on public health and travel N 7/12/2013 0 MAXIMUM HOURLY PM2.5 CONCENTRATION COMPARISON 800 —use¢iosno�. j � %OO —UnM1ealtM1yllo3M1our aN m 600 —V:-.-z'al[Iry ! h —500 7 9 i '4400 s p 300 U .k >; 200 { C 100 i 0 Station Fire July 4th, South Coast Huntington Corona del Balboa (2009) 2012 Basin Beach Mar Beach i (2012) USG =Unhealthy for Sensitive Groups ; Unhealthy - "consider canceling public events, based on public health and travel considerations" Plastic, aluminum wrap, and paper burnt at Bolsa Chica State Beach (03/16/13). 7/12/2013 5 INITIAL PROPOSAL a Prohibit beach fire rings at all public beaches and coastal areas o Initial comments and suggestions Not a significant source of pollution x ® Leave decision to locality ® Low cost recreation �, ? Source of revenue for beach communities Q Neighbors and visitors concerned with wood smoke exposure and health effects • Consider buffer zones to reduce exposure • Consider reducing, moving or spreading out fire rings. • Potential no -burn days REVISED PROPOSAL o Based on public input, revised proposal >fAllows beach fire rings with buffer zones and spacing requirements Strengthens local authority ,'Clarifies applicability (devices only on sand, not camping areas) M Establishes no -burn days during PM2.5 episodes Effective date: March 2014 7/12/2013 is LIKELY EFFECTS Los Angeles County: no net change, Cabrillo Beach rings may need to be spaced Orange County: 90% of fire rings unaffected Most of the 10% remaining within 700 feet can likely be retained if moved or spaced out Impacts from local nuisance declarations unknown, but local authority strengthened Very few coastal no -burn days anticipated (1 in past 3 years, in the winter season) j REMAINING COMMENTS o Local control — no AQMD restrictions c; Prohibit all wood burning at beaches due to health i m pacts o Questioning basis for buffer and spacing distances o Questioning whether fire ring activity is the source of elevated PM2.5 monitoring results 7/12/2013 7 RESPONSE — BUFFER AND SPACING Buffer Size u Fire rings outside 700 foot buffer from residences can remain O 700 foot buffer based on modeling results showing 98% exposure reduction between 25 and 700 feet distance 9 One-hour PM2.5 concentrations above guidance levels observed beyond 700 feet Minimum Spacing Distance (only applies within 700 feet) ® Typical current spacing 40-60 feet *+ 100 foot spacing would reduce ring density and localized concentrations by 50-75% 50 foot spacing allowed if small number of rings on the beach (15 or less) RESPONSE — SOURCE OF PM2.5 Multiple analyses confirm that the short-term elevated PM2.5 levels are caused by wood smoke from the fire ring activity ✓ Gradients ✓ Time -of -Day • Day -of -Week ✓ Combustion signatures Three independent chemical wood smoke indicators Visual and odor observations a 7/12/2013 �3 HUNTINGTON BEACH: l 6/22/13 ORGANIC SOURCE MARKERS 120 ----- ------- 100 ----- --- m 60 E Qu■ PM10 20 — 0 r ' 0500 to 1700 17W to 2300 2300 to 0500 10 $ .^�J!L ® Vehicle Combustion E o � 7(HoPanes) i o a o E® � 5 Meat Grilling(Cholerterol) 0 0 43 2■WoodSmoke (CelluloseCombustion-Levoglucose.and Mannosan) 0 0500 to 1700 1700 to 2300 2300 to 0500 ADOPTION RESOLUTION Direct SCAQMD staff : Work cooperatively with potentially impacted jurisdictions and state parks in development of education, outreach, and alternative fuel demonstration programs pertaining to beach burning Any future efforts addressing wood smoke exposure from the use of public fire rings be based on non -regulatory approaches, such as increased education, outreach, and voluntary use of alternative fuel devices 7/12/2013 E STAFF RECOMMENDATIONS o Adopt resolution amending Rule 444 o Authorize issuance of RFP # P2013-21 for the demonstration of alternative fueled beach fire rings 01, 7/12/2013 10 wood smoke emissions from beach fire rings decreases as distance from the source increases. Based on the time -of -day, day -of -week, wind direction, direct observations, and chemical composition, the observed elevated PM2.5 levels were shown to be from beach fire activity. Public Process Proposed Amended Rule 444 provisions related to beach fires were available at a SCAQMD Stationary Source Committee meeting held on March 15, 2013. A revised preliminary draft staff report was released on March 21, 2013 and a public consultation meeting to discuss the draft rule language was held at SCAQMD Headquarters in Diamond Bar on March 28, 2013. Public comment on the beach fire ring proposal was also received at the April 7, 2013 SCAQMD Governing Board meeting. Revised proposed amended Rule 444 language was released to the public on June 6, 2013. Two additional public consultation meetings were held during evening hours to discuss the currently proposed Rule 444 beach fire provisions on June 13th and 14a', 2013 in the cities of Newport Beach and El Segundo, respectively. In addition to these public meetings, information on proposed Rule 444 provisions related to beach fires was presented at the April 12, 2013 Local Government & Small Business Assistance Advisory Group meeting and at a May 17, 2013 meeting held by SCAQMD Board Member Mayor Pulido in the City of Huntington Beach. A web page (http://www.aqmd.gov/prdas/beachfiremonitoringLhomepage.html) was developed to provide the public information on the result of the beach fire monitoring efforts. The page also provides updated information on meetings and documents available to the public regarding PAR 444. The page has been updated regarding monitoring results and activities, and will be updated in the future as additional information becomes available. Summary of Proposal As mentioned, Rule 444 amendments to prohibit all beach burning activities were originally proposed in March 2013, but alternative rule language was developed in response to public comments and released in June 2013. Under the current proposal, local authority to prohibit beach burning devices through a nuisance declaration under State law would be strengthened. Specifically, the proposed Rule provisions would not allow the state or local authority to make beach fire rings available if smoke emissions from such devices were declared a nuisance by a city or county pursuant to Public Resources Code section 30005(b) or Health & Safety Code section 41509(a).6 All beach fire rings located more than 700 feet from a residence would be allowed under proposed amended Rule 444 unless the city or county has declared such devices within its boundaries are a nuisance. The proposed amendments would prohibit beach 6 Nuisance defined under Civil Code section 3479 or Health & Safety Code section 41700(a) ME burning activities after March 1, 2014 in areas within 700 feet of a residence unless the rings were spaced at least 100 feet apart or at least 50 feet apart if there are no more than 15 fire rings per contiguous beach area within the city's boundaries. The contiguous beach area condition is intended to consider beaches separately, in terms of rule applicability, if a city has beaches that are separated by another city's or unincorporated area's beaches. All beach burning would be prohibited when PM2.5 levels in excess of 35 µg/m3 [federal 24-hour standard] were forecast for coastal areas, but it is anticipated that very few, if any, of these days would be forecast during summer months unless a wildfire or some other event was impacting coastal air quality. Based on a review of historical data there would have been one of these days in the last three years and this day was during the wintertime. The amendments would also clarify that the proposed amendments are only applicable to fire rings located on beach sand in coastal areas (adjacent to the ocean). In addition, the exemption provisions have been modified to prohibit the burning of trash and other inappropriate materials. Education and Outreach During the rule development process, many public comments were received regarding public education and outreach on wood smoke health effects. Suggestions were made for local jurisdictions to improve efforts to ensure that the public was informed of the importance of only burning seasoned firewood as a means to reduce potential health impacts from beach fires. Such suggestions are recognized and an item has been added to the adoption resolution directing SCAQMD staff to work cooperatively with local jurisdictions and state agencies to develop education, outreach, and compliance programs. The intent of these efforts is to inform the public of the health hazards associated with wood smoke exposure and to prevent the burning of inappropriate materials such as treated wood or trash. Educational material would also recommend exercising in areas without beach fire rings or when such devices are not in use. Gaseous- or Liquid -Fueled Beach -Type Fire Ring Demonstration Project (RFP) In addition to commercially available gaseous -fueled fire rings for residential or commercial use, SCAQMD staff has been made aware of several instances where these devices are used in outdoor camp -type settings. SCAQMD staff requests that the Board approve issuance of RFP #P2013-21 to solicit proposals for the demonstration of low - emission outdoor public beach -type fire rings and/or low -emission retrofit equipment and devices for existing outdoor public beach -type fire rings fueled by sources other than wood such as propane and/or natural gas. The purpose of this RFP is to solicit proposals from qualified and experienced entities for the deployment and demonstration of beach burning alternatives, including but not limited to gaseous -fueled fire ring options. SCAQMD staff will work with local beach authorities to select host -sites for the demonstration of the low -emission systems. Potential initial host sites could include Big Corona beach and the Balboa Pier area in Newport Beach and state beaches in -5-