|
|
Regulation 5: Open Burning - 2025 Amendment (Proposed)
Learn about the Air District's development process for amending Regulation 5: Open Burning.
Find out about the status and anticipated timeline of the rule development process. Information on hearings, workshops, and other events is provided below, along with supporting documents and materials.
The Air District is issuing a Public Hearing Notice and accepting comments on proposed amendments to Regulation 5: Open Burning and Regulation 6: Particulate Matter, Rule 3: Wood-Burning Devices. Comments on the proposed amendments to Regulation 5 and Rule 6-3 are requested by August 13, 2025, at 5:00 PM. To view or download the documents, please click on the links below or visit the “Documents” section at the bottom of this web page.
- Executive Summary – Proposed Amendments to Woodsmoke Rules – Regulation 6, Rule 3 and Regulation 5
- Staff Report – Proposed Amendments to Woodsmoke Rules – Regulation 6, Rule 3 and Regulation 5
- Appendix A – Proposed Amendments to Rule 6-3
- Appendix B – Proposed Amendments to Regulation 5
- Appendix C – Socioeconomic Impact Analysis for Rule 6-3
- Appendix D – Socioeconomic Impact Analysis for Regulation 5
- Notice of Public Hearing and Request for Comments – Proposed Amendments to Rule 6-3 and Regulation 5
Comments on the proposed amendments to Regulation 5 and Rule 6-3 are requested by August 13, 2025, at 5:00 PM. The Air District Board of Directors will consider adoption of the proposed amendments at a public hearing on October 1, 2025.
Background
Regulation 5: Open Burning is designed to reduce harmful air pollution from open burning activities, which can release fine particulate matter and toxic air contaminants into the air we breathe. Air District staff consider woodsmoke as an important source to evaluate as it represents over 10 percent of the fine particulate matter (PM2.5) emissions in the region on an annual basis with an even greater impact during the winter. The Air District most recently amended Regulation 5 in 2019 to exempt public agencies from paying Open Burning Fees when conducting prescribed burns for the purpose of wildfire prevention. Planned amendments in 2025 would expand fee exemptions for all prescribed burns for wildfire prevention to support regional and statewide efforts for wildfire mitigation.
The Air District held two virtual public workshops to provide the public with an opportunity to learn about, discuss, and comment on the planned amendments to Regulation 5 and Rule 6-3 in June 2025. Recordings and materials from the workshop are available in the 'Hearings, Workshops, and Other Events' table below.
Public Hearing on Proposed Amendments
The Air District is issuing a Public Hearing Notice and accepting comments on proposed amendments to Regulation 5: Open Burning (Regulation 5) and Regulation 6: Particulate Matter, Rule 3: Wood-Burning Devices (Rule 6-3). The Air District Board of Directors will conduct a public hearing to consider adoption of the proposed amendments on October 1, 2025. Links and other information on how to join will be provided in the 'Hearings, Workshops and Other Events' table below.
- Regulation 5
The proposed amendments to Regulation 5 waive operation fees for all persons conducting prescribed burns, expanding the current exemption that applies only to public agencies. This change is intended to reduce administrative barriers and improve operational flexibility for nonprofit organizations and private landowners who may be positioned to carry out prescribed burns in areas where public agency capacity is limited. The proposed expansion of the exemption supports statewide efforts to expand beneficial fire practices for wildfire prevention and land stewardship.
- Rule 6-3
Under Rule 6-3, wood-burning curtailment is issued when the Air District forecasts that 24-hour average PM2.5 concentrations will exceed a designated threshold, currently set at 35 micrograms per cubic meter (μg/m3). The proposed amendments would lower this 24-hour forecasted PM2.5 threshold to 25 µg/m3, triggering Mandatory Burn Bans at lower pollution levels. This change is intended to reduce short-term peaks in PM2.5 exposure from woodsmoke and contribute long-term exposure reductions as well. Multiple scientific and regulatory bodies have cited evidence supporting the need for more health-protective PM2.5 standards.
To view or download the documents, please click on the links below or visit the “Documents” section at the bottom of this web page.
- Executive Summary – Proposed Amendments to Woodsmoke Rules – Regulation 6, Rule 3 and Regulation 5
- Staff Report – Proposed Amendments to Woodsmoke Rules – Regulation 6, Rule 3 and Regulation 5
- Appendix A – Proposed Amendments to Rule 6-3
- Appendix B – Proposed Amendments to Regulation 5
- Appendix C – Socioeconomic Impact Analysis for Rule 6-3
- Appendix D – Socioeconomic Impact Analysis for Regulation 5
- Notice of Public Hearing and Request for Comments – Proposed Amendments to Rule 6-3 and Regulation 5
Written and/or email comments on the proposed amendments to Regulation 5 and Rule 6-3 and Staff Report are requested by August 13, 2025, at 5:00 PM. Comments may be submitted to:
Rule Development
Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Or via email to woodsmokerule@baaqmd.gov
View other rule making activity |
|
|
|
Hearings, Workshops and Other Events
Throughout the rule development process, we provide information on upcoming and past workshops, hearings, and other events.
Documents
Supporting materials, such as staff reports, regulatory language, and other technical documents related to rule development, are posted throughout the development process.
Comments
The Air District provides opportunities for the public to submit comments throughout the development process, and posts comments received during the open public comment periods.
Updates Notification Subscription
Last Updated: 7/14/2025