[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17481-17486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05462]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0731, FRL-10545-01-Region 10]


Air Plan Approval; WA; Smoke Management Plan Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve Washington State Implementation Plan (SIP) revisions submitted 
on August 10, 2022. The submitted revisions incorporate the most recent 
updates to Washington's Smoke Management Plan and reflect state 
legislative and regulatory changes. The revisions include earlier 
notification of burn decisions, revise the burn approval criteria to 
better align with state law, remove the prohibition against summer 
weekend burning; and allow previously prohibited burning in urban 
growth areas subject to an approval process that requires consideration 
of the impact of the approval on air quality. EPA is proposing to 
approve the revisions based our determination that the revisions are 
consistent with Clean Air Act requirements.

DATES: Comments must be received on or before April 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0731 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from 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

[[Page 17482]]

additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick, EPA Region 10, 1200 
Sixth Avenue--Suite 155, Seattle, WA 98101, at (206) 553-1999, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. This 
Supplementary Information section is arranged as follows:

Table of Contents

I. Background
II. Washington's Smoke Management Plan
III. Evaluation of Washington's SIP Submittal
IV. EPA's Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Orders Review

I. Background

    Each state has a State Implementation Plan (SIP) containing the 
control measures and strategies to attain and maintain the national 
ambient air quality standards (NAAQS) established by the Environmental 
Protection Agency (EPA) for the criteria pollutants (carbon monoxide, 
lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The 
SIP contains such elements as air pollution control regulations, 
emission inventories, attainment demonstrations, and enforcement 
mechanisms.
    Washington adopted a Smoke Management Plan as part of the 
Washington SIP to reduce emissions that contribute to visibility 
impairment. Wildfire has had a serious impact on Washington during the 
past decade with many large-scale wildfires impacting air quality. 
Prescribed fires \1\ have been increasingly used as a land management 
tool to reduce the likelihood of catastrophic wildfires by reducing the 
buildup of unwanted fuels and strengthening an area's ecosystems. This 
controlled application of fire to wildland fuels, is done under 
specific environmental conditions and protocols that typically call for 
a prescribed fire to be confined to a predetermined area and limit the 
fire to an intensity and scale required to attain planned forestland 
management objectives. The State anticipates increasing the application 
of prescribed fire in response to the increasing threat of wildfires in 
Washington. The state intends to balance the need to increase the use 
of prescribed fire as a forest management tool while minimizing smoke 
impacts through the implementation of policies and processes outlined 
in Washington's Smoke Management Plan (SMP).
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    \1\ Prescribed fires, also known as prescribed burns, refer to 
the controlled application of fire by a team of fire experts under 
specified weather conditions to restore health to ecosystems that 
depend on fire.
    Source: https://www.fs.usda.gov/managing-land/prescribed-fire.
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    EPA first approved Washington's SMP into the Washington SIP in 1987 
(52 FR 16243, May 4, 1987) as part of Washington's visibility 
protection plan. Washington updated and EPA approved the SMP in 1998 
(1998 SMP) and 2003 respectively (68 FR 34821, June 11, 2003). In 2016, 
the Washington State Legislature provided funding to update the 1998 
SMP and the Legislature made changes to statutes affecting the SMP in 
2019 and 2021. After revising rules to reflect the updated legislation, 
Washington updated the SMP to reflect the statutory and regulatory 
changes. On August 10, 2022, following a state public comment process, 
the Washington State Department of Ecology (Ecology) submitted the 
updated SMP, including the statutes and regulations relied on in the 
Plan, to EPA for approval (2022 SMP).

II. Washington's Smoke Management Plan

    Washington's SMP establishes a program to allow silvicultural 
burning on forestland while protecting air quality. Although Ecology is 
the primary delegated air quality agency for the state and submitted 
the Washington SMP to EPA for approval, Washington's Department of 
Natural Resources (DNR) has been and continues to be the state agency 
with the responsibility for regulating smoke from silvicultural burning 
on forestland. See Revised Code of Washington (RCW) 70A.15.5120 and RCW 
70A.15.5130. The Washington SMP is therefore primarily implemented by 
DNR with assistance from Ecology.
    DNR oversees prescribed silvicultural burning in Washington to 
improve fire dependent ecosystems, mitigate wildfire potential, 
decrease forest susceptibility to insects or disease, and otherwise 
enhance forest resiliency to fire. The purpose of the SMP is to 
coordinate and facilitate the statewide regulation of prescribed, 
silvicultural (forestland) burning on lands under the authority of DNR, 
and on unimproved, federally managed forestlands and participating 
tribal lands. The SMP applies to all persons, landowners, companies, 
state and Federal land management agencies, and others who conduct 
silvicultural burning in Washington State. The SMP does not apply to 
agricultural burning, outdoor burning that occurs on improved property, 
or tribal lands described in Section VI of this document.
    For purposes of discussing the Washington SMP, prescribed fires 
fall into three main categories based on the size of the burn: ``rule 
burns,'' ``small burns,'' and ``large burns.'' The approval process for 
burns under the SMP \2\ also varies based on whether the burn is a 
``multiple day burn'' and whether the burn is conducted in an urban 
growth area.
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    \2\ Commonly referred to as ``Go/No-Go'' and ``Go/No-Go 
Decision'' in the 2022 SMP.
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    ``Rule burns'' are generally no more than ten feet in diameter and 
are always limited to one fire at a time. They include burning of hand-
built piles for recreational purposes, as well as fuels reduction, or 
other silvicultural purposes. Rule burns may also be restricted to no 
more than 4 feet in diameter depending on time of year and the county 
within which the burning occurs.\3\ DNR has authority over rule burns, 
but no written permit or site-specific burn approval or decision is 
required under either the 1998 SMP or 2022 SMP for rule burns, provided 
the burns comply with minimum requirements for all burns listed in WAC 
332-24-205 \4\ and the specific provisions for rule burns in WAC 332-
24-211. No changes have been made to WAC 332-24-211, since EPA approved 
it into the Washington SIP in 2003. The ``Scope'' sections in both the 
1998 SMP and 2022 SMP state that the SMP does not apply to burning done 
``by rule'' (``rule burns'').
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    \3\ Size limits, including seasonal and county specific 
limitations, are described in Washington Administrative Code 332-24-
211.
    \4\ WAC 332-24-205 applies to ``all burning regulated by the 
department'' and WAC 332-24-211 Specific rules for small fires not 
requiring a written burning permit. WAC 332-24-211 clarifies that 
the requirements contained therein are ``[i]n addition to WAC 332-
24-205'' and sets forth the diameter and seasonal restrictions for 
so called ``rule burns.''
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    ``Small burns'' require site-specific written permits and are 
defined under the 2022 SMP as fires that will consume less than 100 
tons of forest debris \5\ in a 24-hour period. The size threshold is 
extended to 300 tons in ``low-risk areas.'' ``Low risk areas'' are 
generally remote areas and are defined by DNR using the criteria 
described in Appendix 10 of the 2022 SMP. Burners intending to conduct 
small burns are required to

[[Page 17483]]

obtain a site-specific written permit.\6\ DNR conditions such permits 
based on the proposed locations and may include specific instructions 
in the permits, such as limits on wind directions under which the burns 
may be conducted. Burners are required to follow all conditions in 
their burn permits. Prior to igniting a small burn, the burner must 
also call 1-800-323 BURN and follow the instructions that apply for the 
day and location of the burn being conducted. Burners cannot ignite 
small burns if an air quality episode is declared, or conditions of 
impaired air have been declared by Ecology or the local clean air 
authority as provided under RCW 70A.15.5140 and WAC 332-24-205(5). DNR 
may also suspend small burns on private and state lands due to high 
fire danger (Federal officials manage fire danger on Federal lands). In 
contrast to large burns, small burns conducted outside of urban growth 
areas do not require a site-specific burn decision just prior to the 
burn. Small burns within urban growth areas are not treated the same as 
other small burns but instead must undergo the same permitting process 
as large burns.
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    \5\ ``Forest debris'' includes forest slash, chips, and any 
other vegetative residue resulting from activities on forestland. 
This definition is from RCW 76.04.005(9), which is included in 
Appendix 7 of the 2022 SMP.
    \6\ WAC 332-24-201(4) requires a written permit for all burning 
other than ``rule burns'' which are outside the scope of the SMP. 
``Rule Burns'' must meet all general rules in WAC 332-24-205 as well 
as specific additional conditions in WAC 332-24-211.
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    ``Large burns'' are defined as fires that will consume 100 tons or 
more in a 24-hour period (300 tons or more in low risk areas). Like 
small burns, large burns require site-specific permits; burners must 
follow all conditions in their burn permits; ignition is prohibited if 
an air quality episode is declared or conditions of impaired air have 
been declared by Ecology or the local clear air authority as provided 
under RCW 70A.15.5140 and WAC 332-24-205(5); and DNR may suspend large 
burns on private and state lands due to high fire danger (Federal 
officials manage fire danger on Federal lands). The distinction here 
from small burns outside of UGA's is that prior to igniting a large 
burn outside of UGA's, the burner must contact DNR directly and request 
authorization to ignite the large burn on a particular day. The SMP 
identifies eight specific burn approval criteria to be met before DNR 
decides whether ignition will be authorized for large burns (and small 
burns inside urban growth areas) and tasks DNR wildland fire management 
division managers with assessing the potential for smoke intrusions. To 
inform decisions, DNR utilizes numerous tools as well as site- and 
temporal-specific considerations, including, but not limited to, 
current and forecasted weather conditions, air quality, fuel moisture, 
firing techniques, and availability of suppression forces.
    ``Multiple day burns'' are subject to the same approval criteria 
used to approve large burns, regardless of burn size. Additional 
information and actions are required from burners before DNR will 
approve a multiple day burn. Those additional requirements are in the 
SMP in the Approval Process for Multiple Day Burns section and include, 
but are not limited to, notifying DNR at least three months before the 
proposed start of the burn, providing a rationale for why the burn 
cannot be accomplished in single day increments, providing 
communication and public notification plans, obtaining spot forecasts 
for each day of the burn, identifying what monitoring resources will be 
utilized, and participating in daily coordination calls.
    Although the 2022 SMP burn approval criteria prohibit authorizing 
burns that would cause an exceedance of air quality standards, DNR's 
goal as stated in the SMP is based on levels below the 35 [micro]g/m\3\ 
24-hour NAAQS for PM2.5.\7\ This is a new element of the 
2022 SMP. Under the 2022 SMP, DNR now considers exceeding a 
PM2.5 level of 20.5 [micro]g/m\3\ (on a 3-hour rolling 
average) a smoke ``intrusion'' and unacceptable for purposes of the 
SMP.\8\ The 2022 SMP sets forth new procedures to avoid, detect, and 
respond to smoke intrusions. These procedures include, but are not 
limited to:
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    \7\ PM2.5 is fine inhalable particles, with diameters 
that are generally 2.5 micrometers and smaller.
    \8\ See 2022 SMP, page 11, Smoke Intrusions caused by any 
silvicultural burning section, which is included in the docket for 
this action.
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     Incorporating consideration of potential intrusions when 
making burn decisions;
     Using available resources such as monitors and webcams to 
assess the level of smoke in potentially impacted communities;
     Reporting and documenting where and when smoke intrusions 
occur;
     Issuing health advisories as needed and collaborating with 
Ecology, Washington Department of Health, and local clean air 
authorities;
     Requiring burners to submit intrusion reports when DNR 
determines one has occurred; and
     Sharing all data and final intrusion reports with 
applicable partners and regulators, including Ecology, local clean air 
authorities, state and local health departments, and EPA.
    In the 2022 SMP, DNR commits to reviewing the SMP every five years 
and revising the plan or procedures as necessary as a result of that 
review. The SMP specifies that plan revisions will adopt the same 
review procedures used for the original adoption. The EPA notes that 
any revision to the SMP would not be part of the Washington SIP unless 
submitted to and approved by the EPA as provided in 42 U.S.C. 7410.

III. Evaluation of Washington's SIP Submittal

    As with its previous SMP, Washington's 2022 SMP submittal includes 
an extensive discussion of how the state implements its smoke 
management program as well as the statutes and regulations that apply 
to prescribed burning on forest land in Washington. Washington states 
that it revised its SMP to better regulate burning while reducing fuel 
loading, restore forest ecosystems, and reduce the risk of catastrophic 
wildfire while continuing to protect air quality. The revisions include 
changes to both the main body of the SMP as well as state statutes and 
regulations that apply to prescribed burning and are included in 
Appendix 7 of the submittal.\9\
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    \9\ The 1998 SMP included the applicable statutes and 
regulations in Appendix 15.
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    The bulk of revisions in the 2022 SMP are non-substantive from a 
SIP approvability perspective and include reorganizing the order of SMP 
sections and content; updating wording for consistency and more current 
vernacular; and updating citations to reflect recodification of 
applicable statutes and rules. Washington also revised the SMP to add 
or clarify recordkeeping, reporting, and notification requirements for 
prescribed fires that may later qualify as an ``exceptional event'' 
under 40 CFR 50.14. This is also a non-substantive change to 
Washington's SMP because EPA is not approving or disapproving this SMP 
as meeting the requirements of EPA's exceptional event guidance.\10\
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    \10\ See EPA's 2019 Exceptional Events Guidance: Prescribed Fire 
on Wildland that May Influence Ozone and Particulate Matter 
Concentrations, page 20.
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    The 2022 SMP also contains several substantive revisions to the 
SMP. Those revisions affect burn decision timing, burn approval 
criteria, summer weekend burning, and burning in urban growth areas. 
Washington included in the submittal information to demonstrate that 
these revisions to the SMP will not interfere with any applicable 
requirement concerning attainment or reasonable further progress or any 
other applicable requirement of Title I of the CAA. See 42 U.S.C. 
7410(l). The most relevant

[[Page 17484]]

pollutants for Washington's analysis of visibility and interference 
with NAAQS attainment are PM2.5, PM10, and ozone 
due to the nature of prescribed fire emissions and because EPA revised 
the PM2.5 and ozone NAAQS resulting in more stringent 
standards (78 FR 3085, January 15, 2013, and 80 FR 65292, October 26, 
2015) since EPA last approved Washington's SMP.\11\ The substantive 
changes to the 2022 SMP and the demonstration supporting the changes 
are discussed below.
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    \11\ Washington states, and EPA agrees, that attainment and 
maintenance related to criteria pollutants other than PM and ozone 
are unlikely to be impacted by the changes to Washington's SMP. 
There are no nonattainment areas in Washington except for one sulfur 
dioxide nonattainment area that is small in area and encompasses an 
aluminum smelter facility and the area immediately adjacent to this 
facility. No discernible sulfur contributions to that area are 
expected to result from prescribed fire due to the low levels of 
sulfur in the woody biomass being burned.
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Burn Decision Timing

    Under the current approved 1998 SMP, ``large burns'' require that 
DNR issue a site-specific smoke management decision (permission to 
ignite) the morning of the day the fire is to be ignited. Under the 
2022 SMP, if a burner submits a request to DNR by noon the ``day 
prior'' to the planned ignition, DNR must issue a decision by 4:00 p.m. 
that same day--about 15 hours earlier than what would be expected under 
the 1998 SMP. The result of this change is reliance on products, 
primarily meteorological forecasts and models that are produced earlier 
and, due to advances in science and technology, are more reliable than 
what would have been available when the 1998 SMP was created.
    Washington's demonstration included a technical analysis \12\ of 
forecast models used for day of versus day prior to ignition in the 
2022 SMP. The technical analysis of the revised protocols shows no 
appreciable loss in forecast accuracy and indicates DNR would likely 
make the same operational burn decision regardless of whether the 
decision is rendered by 4:30 p.m. on the day prior to ignition or 8:00 
a.m. on the day of ignition. The analysis also shows that, in the 
season when most burn decisions are made (fall), model runs the day 
prior to a burn have slightly smaller wind speed forecast errors than 
the day-of-burn model runs (wind speed is a significant factor for burn 
decisions). This lends confidence that a status-quo or better burn 
decision will be made.
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    \12\ For more information see Appendix 1 of Washington's 2022 
Smoke Management Plan Demonstration, 7.Appendix b.3 Appendices 1-
4wTOC.pdf, which is included in the docket for this action.
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    In addition, this burn decision timing change is not a complete 
departure from the procedure under the 1998 SMP. Burners seeking day 
prior burn decision approval under the 2022 SMP must submit their 
request by noon the day prior to ignition. Failure to do so may result 
in a burn decision on the day of ignition, instead of by 4:30 p.m. on 
the day prior to ignition. Burners may still request a burn decision on 
the planned day of ignition.
    More importantly, there are protections in the burn approval 
process in the 2022 SMP based on air quality on the morning of 
ignition.\13\ Specifically, the 2022 SMP states that on the day of the 
burn ``If the burn was approved, the Smoke Management Section will 
verify weather conditions have not changed so much as to result in a 
violation of the Approval Criteria, by 7:30 a.m. If weather conditions 
have unexpectedly changed burners will be notified and advised that 
they may have to extinguish, and therefore are advised to not burn that 
location.'' This 2022 SMP weather verification requirement applies to 
large burns and all burns in urban growth areas, regardless of size.
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    \13\ See Appendix 1, Section 1.C. of the 2022 SMP which is 
included in the docket for this action.
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    For these reasons, including the technical demonstration supporting 
this change, we are proposing to find that attainment and maintenance 
of the NAAQS are unlikely to be affected by changes to the burn 
decision timing.

Burn Approval Criteria

    As under the 1998 SMP, the 2022 SMP has eight approval criteria. 
All eight were updated to include state or Federal air quality 
regulation citations, which improve clarity for both regulators and the 
regulated community as compared to the 1998 SMP, which did not include 
citations. There are no substantive changes to approval criteria 3, 4, 
6, and 7. Washington revised approval criteria 2 to reflect the 
specific statutory language authorizing the condition and the 
corresponding citation.\14\
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    \14\ For a detailed analysis of the 1998 comparison to the 2022 
approval criteria, see Appendix 3 of Washington's 2022 Smoke 
Management Plan Demonstration which is included in the docket for 
this action.
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    The most substantive changes are to approval criteria 1, 5, and 8. 
Under the 1998 SMP, approval criteria 1 considered whether there was a 
likelihood of an ``intrusion'' of visible smoke, whereas under the 2022 
SMP, this criterion was revised to the likelihood of an exceedance of 
state air quality standards, which include the NAAQS, based on the 
requirement in RCW 70A.15.5140. The 2022 SMP also includes a new 
requirement for DNR and burners to monitor for and address intrusions 
of smoke due to silvicultural burning above 22.5 ug/m3 of 
PM2.5, a level significantly below the 35 ug/m3 
PM2.5 NAAQS exceedance level. With this new requirement, 
combined with the revision to rely on the NAAQS exceedance level, 
criteria 1 is more protective in the 2022 SMP than the 1998 SMP. 
Approval criteria 5, previously a non-air quality specific reference to 
endangered species protections already in Washington State's Forest 
Practices Rule and Regulations, now prohibits burning in areas where 
Federal or State air quality standards are exceeded for any criteria 
pollutant, with limited exceptions for silvicultural burning to improve 
or maintain fire dependent ecosystems for rare plants or animals in 
specified areas. This is more protective than the existing criteria. 
Approval criteria 8 was revised by replacing language regarding smoke 
dispersion thresholds with criteria based on whether a declared stage 
of impaired air quality has been called or is likely to be called in 
the next 24 hours, based on coordination among DNR, Ecology, and local 
air agencies.\15\ DNR still evaluates smoke dispersion under the 2022 
SMP when assessing meteorological data, forecasting models, and 
permitting data to evaluate whether approval criteria 1, 2, and 3 have 
been met.\16\ For these reasons, we are proposing to find that 
attainment and maintenance of the NAAQS are unlikely to be affected by 
the revisions to the eight approval criteria.
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    \15\ Ibid.
    \16\ Ibid.
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Summer Weekend Burning

    The 1998 SMP contains a statewide prohibition on large burns from 
midnight Thursday through midnight Sunday between June 15 and October 1 
and on the holidays of July Fourth and Labor Day. This prohibition is 
commonly referred to as the ``summer weekend burning prohibition.'' The 
summer weekend burning prohibition only applies to large burns under 
the 1998 SMP. Moreover, all prescribed burns are, and will continue to 
be, severely limited for much of the period covered by the 1998 SMP 
summer weekend burning prohibition regardless of size. This is because 
prescribed burns during this period are frequently limited due to high 
occurrences of inconducive

[[Page 17485]]

weather, fuel conditions, preparedness levels and other safety 
constraints.\17\
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    \17\ See Appendix 2 of Washington's 2022 Smoke Management Plan 
Demonstration, which is included in the docket for this action in 
7.Appendix b.3 Appendices 1-4 wTOC.pdf.
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    Although the 2022 SMP does not retain the summer weekend burning 
prohibition, air quality protections are in place for the newly allowed 
burning because removing the prohibition only affects large burns, 
which require site-specific DNR smoke management decisions before 
ignition may occur.\18\ The 2022 SMP requires DNR's smoke management 
decisions to be protective of air quality through the inclusion of the 
Approval Criteria for Large Burns and All Burns within UGAs. For these 
reasons, we are proposing to find that attainment and maintenance of 
the NAAQS are unlikely to be affected by removal of the summer weekend 
burning prohibition.
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    \18\ See the subsection ``Large burns and all burns in Urban 
Growth Areas'' of the General Burning Requirements section in the 
2022 SMP, which is included in the docket for this action in 5. 
Appendix B.2.DNR SMP with Cover.pdf.
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Burning in Urban Growth Areas

    In 2019, the Washington State Legislature amended state law \19\ to 
allow previously prohibited prescribed burning in urban growth areas. 
Unlike the summer weekend prohibition, the newly allowed burning is not 
burn size specific. The 2022 SMP includes allowances for prescribed 
``Urban Growth Area (UGA) Burns'' and defines them as any ``fire that 
takes place wholly or in part within a UGA as defined by the county.'' 
\20\ Regardless of consumable tonnage, urban growth area burns require 
a site-specific DNR smoke management decision, a documented test fire 
and a spot weather forecast.\21\ This site-specific decision follows 
the same approval criteria used for making site-specific decisions for 
large burns. The criteria include requirements that approval to ignite 
be denied if there is a likelihood of an air quality standard 
exceedance, as well as other air quality considerations.\22\ For these 
reasons, we are proposing to find that attainment and maintenance of 
the NAAQS are unlikely to be affected by the newly allowed urban growth 
area burning.
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    \19\ The Washington Legislature amended RCW 70.94.6514, 
subsequently recodified as RCW 70A.15.5020.
    \20\ As defined in the General Burning Requirements section in 
the 2022 SMP, which is included in the docket for this action in 5. 
Appendix B.2.DNR SMP with Cover.pdf.
    \21\ See the subsection ``Urban Growth Area (UGA) Burns'' of the 
General Burning Requirements section in the 2022 SMP, which is 
included in the docket for this action in 5. Appendix B.2.DNR SMP 
with Cover.pdf.
    \22\ EPA also notes that these burns would be subject to the 
limitations on ``intrusion'' of smoke exceeding a PM2.5 
level of 20.5 [micro]g/m\3\ (on a 3-hour rolling average), discussed 
in more detail above.
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Regional Haze and Visibility

    As discussed above, the 1998 SMP that is currently approved in the 
Washington SIP was approved as part of Washington's regional haze and 
visibility protection plan. 68 FR 34821 (June 11, 2003). EPA has 
recognized that prescribed fires conducted for the purpose of ecosystem 
health and public safety in accordance with basic smoke management 
practices are generally consistent with the goal of making reasonable 
progress toward natural visibility in mandatory class I areas because 
prescribed fires are most often conducted to improve ecosystem health 
and to reduce the risk of catastrophic wildfires, both of which can 
result in net beneficial impacts on visibility.\23\ EPA proposes to 
find that none of the substantive changes to Washington's SMP discussed 
above interfere with reasonable progress towards natural visibility in 
mandatory class I areas, as laid out in Washington's regional haze and 
visibility SIP. As under the 1998 SMP, approval to burn will be denied 
if burning will not protect the public welfare, preserve visibility, 
protect scenic, aesthetic, historic, and cultural values, and prevent 
air pollution problems that interfere with the enjoyment of life, 
property, or cultural attractions or if burning will not comply with 
the Federal Clean Air Act regarding visibility protection of Federal 
Class I Areas.
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    \23\ See additional discussion in Protection of Visibility: 
Amendments to Requirements for State Plans, 82 FR 3078 (January 10, 
2017).
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IV. EPA's Proposed Action

    We have reviewed the submitted SIP revisions and propose to find 
that the revisions meet the requirements of the CAA for approval. Based 
on our review of Washington's demonstration, we propose to conclude 
that the revisions to Washington's SIP will not interfere with any 
applicable requirement concerning attainment, reasonable further 
progress, or any other applicable requirement of the CAA. Under CAA 
section 110(k), EPA is proposing to approve, and incorporate by 
reference, into the Washington SIP at 40 CFR part 52, subpart WW the 
following statutes and regulations in Appendix 7 to the 2022 SMP that 
provide the authority for implementation and enforcement of the plan, 
as well as the permits that authorize burning under the 2022 SMP:
     RCW 52.12.103, Burning Permits--Issuance--Contents (state 
effective March 27, 1984);
     RCW 52.12.104, Burning Permits--Duties of permittee (state 
effective March 27, 1984);
     RCW 76.04.005, Definitions. (1) ``Additional fire hazard'' 
(5) ``Department protected lands'' (9) ``Forest debris'' (11) 
``Forestland'' (12) ``Forestland owner,'' ``owner of forestland,'' 
``landowner,'' or ``owner'' (13) ``Forest material'' (15) ``Landowner 
operation'' (18) ``Participating landowner'' (20) ``Slash'' (21) 
``Slash burning'' (23) ``Unimproved lands'' (state effective July 24, 
2015);
     RCW 76.04.205, Burning Permits--Civil Penalty (state 
effective July 25, 2021);
     RCW 70A.15.1030, Definitions. (21) ``Silvicultural 
burning'' (state effective June 11, 2020);
     RCW 70A.15.5000, Definition of ``outdoor burning'' (state 
effective July 26, 2020);
     RCW 70A.15.5010, (2) Outdoor burning--Fires prohibited--
Exceptions (state effective June 11, 2020);
     RCW 70A.15.5020, Outdoor burning--Areas where prohibited--
Exceptions--Use for management of storm or flood-related debris--
Silvicultural burning, except (3) (state effective June 11, 2020);
     RCW 70A.15.5120, Burning permits for abating or prevention 
of forest fire hazards, management of ecosystems, instruction on 
silvicultural operations--Issuance--Fees (state effective June 11, 
2020);
     RCW 70A.15.5130, Silvicultural forest burning--Reduce 
statewide emissions--Exemption--Monitoring program (state effective 
July 28, 2019);
     RCW 70A.15.5140, Burning permits for abating or prevention 
of forest fire hazards, management of ecosystems, instruction on 
silvicultural operations--Conditions for issuance and use of permits--
Air quality standards to be met--Alternate methods to lessen forest 
debris (state effective June 11, 2020);
     RCW 70A.15.5150, Cooperation between department of natural 
resources and state, local, or regional air pollution authorities--
Withholding of permits (state effective June 11, 2020);
     RCW 70A.15.5190, Outdoor burning allowed for managing 
storm or flood related debris (state effective June 11, 2020);
     WAC 332-24-201, Burning Permit Program--Requirements and 
Exceptions (state effective June 30, 1992);
     WAC 332-24-205, General rules--minimum requirements for 
all burning, except (13) (state effective November 22, 2019);

[[Page 17486]]

     WAC 332-24-211, Specific rules for small fires not 
requiring a written burning permit (solely for the purpose of 
establishing the size threshold for burns covered by the Smoke 
Management Plan) (state effective June 30, 1992);
     WAC 332-24-217, Burning permit--penalty (state effective 
June 30, 1992);
     WAC 332-24-221, Specific rules for burning that requires a 
written burning permit (state effective February 1, 2012).
    In addition, the EPA is proposing to approve, but not incorporate 
by reference, into the Washington SIP at 40 CFR part 52, subpart WW the 
Department of Natural Resources Smoke Management Plan, state effective 
May 10, 2022 (including all Appendices to such plan), as such plan 
applies to silvicultural burning regulated by DNR.
    We note that, as provided in 40 CFR 52.2476 of the Washington SIP, 
any variance or exception to the 2022 SMP granted by DNR or Ecology 
must be submitted by Washington for approval to EPA in accordance with 
the requirements for revising SIPs in 40 CFR 51.104 and any such 
variance or exception does not modify the requirements of the federally 
approved Washington SIP until approved by EPA as a SIP revision.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the provisions described in Section IV of this preamble. EPA 
has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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);
     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.);
     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 Clean Air Act; and
     Does not provide the 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).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law. Washington's SIP is approved to apply on non-trust land within the 
exterior boundaries of the Puyallup Indian Reservation, also known as 
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement 
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and 
local agencies in Washington authority over activities on non-trust 
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA 
provided a consultation opportunity to potentially affected tribes in a 
letter dated May 24, 2022.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: March 13, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-05462 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P


