Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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:
(1) Applicant's name.
(2) Applicant's identification
number.
(3) Mailing address
(property address, city, state, and zip code).
(4) Business telephone and fax
number.
(5) Total planted rice
acres.
(6) Site identification,
location, and field acres proposed for burning.
(7) Description of diseases (type and
indication of severity).
(8) A
statement that inspection reports are required as an attachment to the
application before it can be considered complete.
(9) A statement authorizing the county
agricultural commissioner to inspect the sites for rice disease.
(10) Signature of the applicant.
(11) A place for the signature of the
agricultural commissioner verifying compliance with required findings and
determinations described in subdivision (b).
(g) Qualified rice disease inspectors shall
complete a field inspection reporting form for each inspection method and the
grower shall submit the reporting form, with an application, to the county
agricultural commissioner. The county agricultural commissioner must review and
approve the submittal in accordance with the provisions of subdivisions (b),
(c) and (d). Completed forms shall be filed in the county agricultural
commissioner's office and made available for public inspection for at least
three years. Each inspection form shall include, but shall not be limited to,
the following information:
(1) Applicant's
name.
(2) Applicant's
identification number.
(3) Mailing
address (property address, city, state, and zip code).
(4) Business telephone and fax
number.
(5) Location and
description of inspected fields.
(6) Acreage of area proposed for
burning.
(7) Description of
diseases (type and indication of severity).
(8) Estimated average disease infection level
in the total area proposed for burning, if required.
(9) Total planted rice acres.
(10) Name, title, and signature of
inspector.
(11) Qualified rice
disease inspector's certification number, if applicable.
(h) Enforcement provisions shall be included
to discourage false reporting. Inspectors who perform fraudulent inspections
are subject to permanent revocation of certification and other penalties
provided by law. Growers who file false reports shall be deemed in
noncompliance with Health and Safety Code sections
41865
and
42402.2(b),
and subject to penalties provided by law.
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.
