[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, singh.amrita@epa.gov.

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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