Proposed Changes to General Conformity Rule to bring consistency with
Exceptional Events rule 

--- per 4/5/07 call with Pete Lahm (USFS) Amy Flynn (OMB) and Tom Coda
(EPA) – Revised 4/10/07 

--- per 4/24/07 call with Pete Lahm (USFS) and Bill Harnett (EPA)  --
Revised 4/24/07

PREAMBLE:

1.  Based on EPA’s Interim Air Quality Policy on Wildland and
Prescribed Fires, which was developed in consultation with Federal land
managers, EPA is proposing taking comment on two possible approaches:
1)to include a presumption of conformity for prescribed fire use that
are conducted in compliance with certified smoke management
plansprograms (SMPs)), and 2) for prescribe fires conducted using State
approved basic smoke management practices. 

* * * * * 

Second, EPA is proposing taking comment on to allowing Federal agencies
to presume that the emissions from prescribed burns in a nonattainment
or maintenance area will conform provided the burning is conducted under
a State certified SMP.  Alternatively, EPA is also asking for comments
on the approach of allowing Federal agencies to presume that the
emissions from prescribed burns conducted using State approved SMP. 
basic smoke management practices in a nonattainment or maintenance area
conform.  

In May 1998, EPA worked with States and other Federal agencies to
develop and publish an interim policy on prescribed fires on wildlands. 
(See Interim Air Quality Policy on Wildland and Prescribed Fires,
U.S.EPA, May 1998).  To comply with the recommendations  in the interim
policy, state air regulators and land managers should develop a
certified SMP which promotes regional coordination, and may include
real-time air quality monitoring.   A State SMP establishes a basic
framework of procedures and requirements for managing smoke from a
prescribed fire managed for resource benefits. A SMP is typically
developed by a State or Tribe with cooperation and participation by
wildland managers, both public and private, and the general public. The
SMPs establish procedures and requirements for minimizing emissions and
managing smoke dispersion.  The goals of SMPs are to mitigate the
nuisance and public safety hazards (e.g., on roadways and at airports)
posed by smoke intrusions into populated areas; to prevent deterioration
of air quality and NAAQS violations; and to address visibility impacts
in mandatory Class I Federal areas.

Given the fundamental purpose of the SMP, EPA believes that it is
reasonable to assume that any action in compliance with the certified
SMP would be in conformance with the applicable SIP.  Therefore, EPA is
proposing taking comment on the approach to designate these actions as
actions presumed to conform.  Federal agencies would not have to conduct
a conformity determination for those actions.  The presumption to
conform is also based on the maintenance in stringency of the existing
SMPs where implemented or the implementation of new smoke management
programs or practices as identified above.

As reflected in the Interim Air Quality Policy on Wildland and
Prescribed Fires, States are provided flexibility on the structure of a
SMP. Thus, a SMP can be extensive and detailed, or simply identify the
basic smoke management practices for minimizing emissions, and
controlling impacts from a prescribed fire.  The EPA’s final rule on
the Treatment of Data Influenced by Exceptional Events published in the
Federal Register on March 22, 2007 (Volume 72, Number 55) states that
basic smoke management practices could include, among other practices,
steps that will minimize air pollutant emissions during and after the
burn, evaluate dispersion conditions to minimize exposure of sensitive
populations, actions to notify populations and authorities at sensitive
receptors and contingency actions during the fire to reduce exposure of
people at such receptors, identify steps taken to monitor the effects of
the fire on air quality, and identify procedures to ensure that burners
are using basic smoke management practices.

The Agency plans to begin revising its Interim Air Quality Policy on
Wildland and Prescribed Fires in 2007 as part of its overall Fire
Strategy.  The Agency believes that the conditions for prescribed fires
that are presumed to conform should be conducted in accordance with
programs and practices which meet the requirements of EPA’s Air
Quality Policy on Wildland and Prescribed Fires and those conditions
should be deliberated in the formation of the revised policy. To inform
the development of that policy, and the final revisions of this General
Conformity rule, EPA is also requesting comment on an alternative
approach for allowing a presumption to conform for emissions from
prescribed fires conducted in the absence of a State certified SMP,
where the Federal agency submits a demonstration and obtains written
permission from the State prior to the burn that the planned burn
employs State approved basic smoke management practices.  This approach
would thereby protect public health in nonattainment and maintenance
areas where a SMP has not been adopted, and allow Federal agencies the
flexibility needed to conduct necessary prescribed burning.

REG TEXT:

(i)  Emissions from the following actions are presumed to conform:

(1) Actions at installations with facility-wide emission budgets meeting
the requirements in §93.161 provided that the State has included the
emission budget in the EPA approved SIP and the emissions from the
action along with all other emissions from the installation will not
exceed the facility-wide emission budget.

 Alternative 1 for paragraph (i)(2)

(2) Prescribed fires conducted in accordance with a State certified
smoke management program (SMP) which meets the requirements of EPA’s
Air Quality Policy on Wildland and Prescribed Fires.

Alternative 2 for paragraph (i)(2)

(2) Prescribed fires conducted in accordance with a State certified
smoke management program (SMP) which meets the requirements of EPA’s
Air Quality Policy on Wildland and Prescribed Fires or, in the absence
of a State certified SMP, where the Federal agency has obtained written
assurance from the State prior to the burn that the planned burn employs
State approved basic smoke management practices.

(3) Emissions for actions that the State identifies in the EPA approved
SIP as presumed to conform.

