[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11678-11680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03277]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0541; FRL-10019-42-Region 8]
Approval and Promulgation of Implementation Plans; Utah; R307-204
Emission Standards: Smoke Management
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision package submitted by the State of Utah on November 5, 2019.
The November 5, 2019 revision amends R307-204 to meet the requirements
set forth in Utah's 2019 House Bill (H.B.) 155. This action is being
taken under section 110 of the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 29, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0541, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6103, [email protected].
SUPPLEMENTARY INFORMATION: Specifically, EPA is proposing to approve
revisions to sections: R307-204-1. Purpose and Goals; R307-204-2.
Applicability; R307-204-3. Definitions; R307-204-4. General
Requirements; R307-204-5. Burn Schedule; R307-204-6. Small Prescribed
Fires (de minimis); R307-204-7. Small Prescribed Fires (de minimis);
R307-204-8. Large Prescribed Fires; R307-204-9. Large Prescribed Pile
Fires; and R307-204-10. Requirements for Wildland Fire Use Events.
Throughout this document wherever ``we,'' ``us,'' or ``our'' is
used, we mean the EPA.
I. Background
The EPA's Interim Air Quality Policy on Wildland and Prescribed
Fires \1\ was designed to integrate two public policy goals, (1) to
allow fire to function as nearly as possible, in its natural role in
maintaining healthy wildland ecosystems, and (2) to protect public
health and welfare by mitigating the impacts of air pollutant emissions
on air quality and visibility. The document expands on the
responsibilities of wildland owners/managers and state/tribal air
quality managers to coordinate fire activities, minimize air pollutant
emissions, manage smoke from prescribed fires as well as wildland fires
used for resource benefits, and establish emergency action programs to
mitigate the unavoidable impacts on the public.
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\1\ See EPA's ``Interim Air Quality Policy on Wildland and
Prescribed Fires'' May 15, 1998.
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EPA does not directly regulate the use of fire within a state or in
Indian country. The agency's authority is to enforce the requirements
of the CAA, which requires states to attain and maintain the National
Ambient Air Quality Standards (NAAQS) adopted to protect public health
and welfare. The Air Quality Policy on Wildland and Prescribed Fires
recommends that states/tribes implement Smoke Management Plans (SMPs)
to mitigate the public health and welfare impacts of fires managed for
resource benefits. The SMPs establish a basic framework of procedures
and requirements for managing smoke from fires managed for resource
benefits and are typically developed by states/tribes with cooperation
and participation by wildland owners/managers. The goal of SMPs is to
prevent deterioration of air quality and NAAQS violations; to address
visibility impacts in mandatory Class 1 Federal areas; and to reduce
the nuisance and public safety hazards posed by smoke intrusions into
populated areas.
The SMP serves as the operational plan for the state administrative
rule, R307-204, by providing the direction and operating procedures for
all organizations involved in the use of prescribed fire, wildfire, and
wildland fire use. The procedures that land managers are required to
follow to mitigate the impact of smoke on public health and visibility
in the State is established by the rule, R307-204. The
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Utah Enhanced Smoke Management Plan (ESMP)),\2\ (Appendix B of the
SMP), provides details on the visibility requirements of the Regional
Haze Rule, 40 CFR 51.309(d)(6), and operating procedures to reduce
visibility impacts from smoke in Class 1 Federal areas.\3\ The SMP was
approved by the EPA on Nov. 8, 1999,\4\ under the Interim Air Quality
Policy on Wildland and Prescribed Fires. The requirements established
in the SMP provide the framework for R307-204 Emission Standards: Smoke
Management. Previously, EPA approved the September 29, 2011 R307-204
submittal which superseded and replaced the R307-204 portion of the
December 12, 2003 submittal and all of the May 8, 2006 submittal.
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\2\ See docket for Utah's Enhanced Smoke Management Plan August
1, 2003.
\3\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acre, and all international
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a).
In accordance with section 169A of the CAA, EPA, in consultation
with the Department of the Interior, promulgated a list of 156 areas
where visibility is identified as an important value. 44 FR 69122
(November 30, 1979). The extent of a Mandatory Class I area includes
subsequent changes in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate as Class I
additional areas which they consider having visibility as an
important value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to ``mandatory Class I
Federal areas. Each mandatory Class I Federal area is the
responsibility of a `Federal Land Manager.''
\4\ See docket for Utah's Smoke Management Plan approved in 1992
and last revised on January 16, 2006.
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II. The EPA's Evaluation
Section 110(k) of the CAA addresses the EPA's rulemaking action on
SIP submissions by states. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
the EPA. Section 110((a)(2) of the CAA requires that each SIP revision
be adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to EPA.
Pursuant to 40 CFR 51.309(d)(6), a state must show that its smoke
management program and all federal or private programs for prescribed
fire in the state have a mechanism in place for evaluating and
addressing the degree of visibility impairment from smoke in their
planning and application of burning. A state must also ensure that its
prescribed fire smoke management programs have at least the following
seven elements: Action to minimize emissions; evaluation of smoke
dispersion; alternatives to fire; public notification; air quality
monitoring; surveillance and enforcement; and program evaluation.
On June 5, 2019 the State of Utah's Department of Environmental
Quality, Air Quality Board approved proposed amendments to R307-204 to
include requirements established by the Utah State Legislature set
forth in 2019 H.B. 155.\5\ A public comment period was held from July 1
to July 31, 2019. One non-substantive comment was received, and no
public hearing was requested. The main purpose for amending R307-204
was to meet the requirements set forth in 2019 H.B. 155 which states:
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\5\ See docket for Utah's State Legislature's H.B. 155 from the
2019 General Session.
``In the rules made by the board . . . . . the board shall
require the land manager to:
(i) describe the use of state, county, or municipal resource in
the large prescribed fire or large prescribed pile fire;
(ii) provide the division the burn plan for a large prescribed
fire or large prescribed pile fire by no later than one week before
the day of the burn window; and
(iii) notify the division of nonfull suppression event once a
fire becomes a nonfull suppression event.''
The rule revisions include removing outdated terminology, such as,
``wildland fire use,'' ``plan stage'' and language regarding adjusting
fire emission factors. Also, in EPA's 1998 ``Interim Air Quality Policy
on Wildland and Prescribed Fires,'' it is stated that federally
prescribed fire projects would be considered to conform with the
implementation plan if they are managed under a certified basic SMP.
Since, Utah's SMP meets that criteria, the State will be removing
conformity from R307-204. Finally, Section R307-204-6. Small Prescribed
Fires (de minimis), R307-204-7. Small Prescribed Pile Fires (de
minimis), Section R307-204-8. Large Prescribed Fires and R302-20-9.
Large Prescribed Pile Fires will be combined to reduce redundancies.
III. Proposed Action
EPA is proposing to approve a SIP revision submitted by the State
of Utah on November 5, 2019. The revisions meet the requirements set
forth in Utah's State Legislature's H.B. 155 and reduce redundancies
and outdated portions of the rule, while also streamlining it. EPA is
proposing to approve revisions to sections: R307-204-1. Purpose and
Goals; R307-204-2. Applicability; R307-204-3. Definitions; R307-204-4.
General Requirements; R307-204-5. Burn Schedule; R307-204-6. Small
Prescribed Fires (de minimis); R307-204-7. Small Prescribed Fires (de
minimis); R307-204-8. Large Prescribed Fires; R307-204-9. Large
Prescribed Pile Fires; and R307-204-10. Requirements for Wildland Fire
Use Events. The revision for R307-204 meets the applicable CAA
requirements and contains smoke management requirements for land
managers within the State of Utah as required by 40 CFR 51.309(d)(6).
IV. Incorporation by Reference
In this document, the EPA, is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Utah rules promulgated in the Division of
Administrative Rule (DAR), R307-204-1, R307-204-2, R307-204-3, R307-
204-4, R307-204-5, R307-204-6, R307-204-7, R307-204-8, R307-204-9 and
R307-204-10, as discussed in section III of the preamble. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 8 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 11, 2021.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2021-03277 Filed 2-25-21; 8:45 am]
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