Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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1. Page 30, line 3 - Change wildfire to wildland fire

Response: Making this change would effectively identify all wildland fires as natural sources of 

emissions. The EPA recognizes wildfires as being “natural,” but expanding natural fire to 

include wildland fires is a policy decision that is outside the scope of this O3 NAAQS review 

rulemaking. The EPA has not incorporated this change. 

2. Page 33, line 7 - Insert sentences: Wildfire, due to recent growth in the size, duration and 

severity; has also been found to contribute to elevated ozone levels across the country and 

well removed from the wildfire location. (Please provide cite) Under most forecasted trends 

due to climate change, this increasing trend in wildfire activity will likely continue and 

assessment of options for consideration of this impact upon background will be assessed by 

EPA in concert with the Forest Service. Innovative methods beyond the use of the 

exceptional event rule will be considered.

Response: Committing resources to assess the impacts of potential future fires to background O3

concentrations and to identify methods beyond the Exceptional Events Rule requires a policy 

decision that is outside the scope of this O3 NAAQS review rulemaking. The EPA is currently 

undertaking a notice-and-comment rulemaking effort to revise the Exceptional Events Rule and 

develop wildfire/ozone implementation guidance. The EPA expects to identify a streamlined 

approach for addressing certain criteria (e.g., clear causal relationship/but for) for wildfire/ozone 

exceptional events demonstrations. The EPA has not incorporated this change. 

3. Page 528, line 9 – Insert sentence: If such an extension were granted for the secondary 

standard, General Conformity requirements would also be extended to a matching time 

period.

Response: Both Transportation and General Conformity requirements are applicable and must be 

met by Federal agencies 1-year following the effective date of the final nonattainment 

designation of each NAAQS. This 1-year grace period is set by law in the Clean Air Act (42 

U.S.C. 7506(c)(6)). EPA does not have discretion to change the date for the start of these 

implementation requirements, therefore no changes have been made to the text.

4. Page 559, line 2 – If there is a delay in SIP submittal granted by EPA for the secondary 

standard, Transportation and General Conformity implementation would also be delayed.

Response: Both Transportation and General Conformity requirements are applicable and must 

be met by Federal agencies 1-year following the effective date of the final nonattainment 

designation of each NAAQS. This 1-year grace period is set by law in the Clean Air Act (42 

U.S.C. 7506(c)(6)). EPA does not have discretion to change the date for the start of these 

implementation requirements, therefore no changes have been made to the text.
Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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5. Page 559, line 14 – Insert sentence: This includes retention of source specific requirements 

such as use of smoke management programs or use of basic smoke management practices1

for prescribed fire.

Response: There is not a source specific requirement for the use of smoke management programs 

or use of basic smoke management practices (BSMPs) for prescribed fires for the purposes of 

general conformity compliance. To reduce administrative burden on federal agencies, EPA’s 

General Conformity Regulations (40 CFR 93.153(i)) provides that emissions from prescribed 

fires conducted in accordance with a smoke management program (SMP) which meets the 

requirements of EPA’s Interim Air Quality Policy on Wildland and Prescribed Fires or an 

equivalent replacement EPA policy are “presumed to conform” for the purposes of fulfilling the 

general conformity requirements. Additionally, EPA’s April 5, 2010 revisions to its General 

Conformity Regulations (75 FR 17254) provided flexibilities in 40 CFR 93.153 (h) for 

prescribed fires to meet general conformity requirements using BSMP where the Federal agency 

identifies through publication in the Federal Register a list of proposed activities (i.e., BSMPs) 

that are “presumed to conform” and the basis for the presumption. Inserting the sentence 

recommended by the commenter would create confusion since there is no requirement and the 

referenced BSMP have not been identified in accordance with 40 CFR 93.153 (h). Therefore no 

changes have been made to the text.

 

6. Page 561, line 6 – Insert sentence: As wildfire emissions are a key portion (Please provide 

cite) of this natural background along with the potential for such emissions to increase, it is 

critical to specifically identify when such challenging situations may exist. Additionally, the 

natural background for such areas should consider the contribution of wildland fire, wildfire 

and prescribed fire, as has been considered in regional haze rule and elsewhere. Prescribed 

fire is considered a viable mitigation method for reducing this wildfire contribution to natural 

background and critical for protecting public safety while providing for ecological resilience 

of ecosystems. The role of prescribed fire in nonattainment areas which are taxed by the 

high ozone levels and climate change is doubly critical. This relationship should be 

considered in the development of state plans to implement the standards.

Response: The EPA has added language in section VII. F.1. to clarify that background O3

generally refers to O3 that originates from natural sources of O3 (e.g., wildfires and stratospheric 

O3 intrusions) and O3 precursors, as well as from manmade international emissions of O3

precursors. The EPA has also added language in VII. F.1. noting that temperature increases could 

lead to more prevalent wildfires, the impacts of which may be lessened by various mitigation 

measures. Identifying and implementing appropriate mechanism(s) to mitigate the effects of 

wildfires is a state decision that is part of the State Implementation Plan process. The EPA does 

not intend to endorse one mitigation approach over another. 

 

1 USDA Forest Service and Natural Resources Conservation Service, Basic Smoke Management Practices Tech Note, 

October 2011. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1046311.pdf
Summary of Interagency Working Comments on Draft Language under 

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7. Page 562, line 8 - Change and add sentences: In many most locations, these events were are

relatively infrequent however recent and projected trends for wildfire impacts on background 

are increasing. These impacts increase the monitored ozone levels and an increased 

background could inadvertently lead to areas classified as nonattainment or lead to SIP 

planning which requires more stringent control strategies by states. This increasing trend in 

wildfire activity will likely continue and assessment of options for consideration of this 

impact upon background will be assessed by EPA in concert with the Forest Service and 

DOI. Innovative methods beyond the use of the exceptional event rule will be considered.

Response: The EPA’s analyses, summarized in the preamble and explained in detail in the Policy 

Assessment, indicate that instances in which stratospheric ozone intrusion, wildfires, and longrange transport cause background O3 levels to approach or exceed the concentration levels 

proposed in the O3 notice is and will likely continue to be infrequent and is limited to very few 

areas of the country. The EPA is not incorporating the specific change suggested by the 

commenter, but has added language in other portions of section VII.F.1 indicating that 

temperature increases could lead to more prevalent wildfires and potential increases in O3

concentrations. Committing resources to assess the impacts of potential future fires and to 

identify methods beyond the Exceptional Events Rule requires a policy decision that is outside 

the scope of this O3 NAAQS review rulemaking. 

8. Page 563, line 5 - Insert sentences: Increasing trends in wildfire activity which can contribute 

to elevated ozone background and unhealthy ozone levels across large expanses of the 

country are a particular concern especially considering temperature and drought trends in 

climate change projections. Additionally, use of prescribed fire, which is used to improve 

resilience of fire dependent ecosystems and as a means of managing fuels which could 

otherwise threaten public safety if a wildfire were to occur, can contribute to this 

background. EPA has previously acknowledged that a substantial portion of prescribed fire 

is natural for purposes of demonstrating progress in regional haze. For the purposes of 

NAAQS classification of areas and demonstration of reasonable progress towards achieving 

the NAAQS, the same view is retained that prescribed fire plays a natural and important role 

in US ecosystem health, resilience and maintenance. In order to assess the wildland fire 

(wildfire and prescribed fire) contribution to background, EPA will investigate further 

options beyond the EER to consider these impacts when classifying areas.

Response: The EPA is not incorporating this specific change but has added language in other 

portions of section VII.F.1 that temperature increases could lead to more prevalent wildfires and 

potential increases in O3 concentrations. Addressing the current or future treatment of fire within 

the context of Regional Haze involves policy decisions that are outside of the scope of this O3

NAAQS review rulemaking. Similarly, committing resources to assess the impacts of potential 

future fires and to identify methods beyond the Exceptional Events Rule requires a policy 

decision that is outside the scope of this O3 NAAQS review rulemaking. 

9. Page 565, line 12 - Add: ...challenging and expensive. As the ozone effects of wildfire 

become smaller further from the fire, the modeling becomes that much more difficult. As the 
Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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frequency, duration and spatial extant of impact from wildfire is anticipated to grow, the use 

of the Exceptional Events Rule will become more frequent. Other more central and national 

scale approaches for addressing the impacts of wildfire on ozone background will be 

assessed by EPA to insure that areas are not assessed regulatory burden due to these types of 

impacts and variation in approach between EPA Regions is reduced. 

Response: The EPA has not included this specific language. Rather, we believe that the concepts 

are addressed in other changes to VII.F.1.

10. Page 565, line 18 – Strike the sentence “While EPA...” 

Response: We deleted the sentence and reference to the Flint Hills exceptional events

demonstration.

11. Page 566, line 6 – Replace fires with wildland fires.

Response: The EPA has not incorporated this change. Rather, we clarified that we are developing 

exceptional events implementation guidance that specifically addresses wildfires that could 

influence ozone concentrations, which air agency co-regulators have indicated are particularly 

challenging. 

12. Page 580 – Insert Executive Order 13653 - Preparing the United States for the Impacts of 

Climate Change Agencies are guided to identify and seek to remove or reform barriers that 

discourage investments or other actions to increase the Nation's resilience to climate change 

while ensuring continued protection of public health and the environment; and reform 

policies and Federal funding programs that may, perhaps unintentionally, increase the 

vulnerability of natural or built systems, economic sectors, natural resources, or communities 

to climate change related risks. (If EPA wishes to address benefits of Secondary Standard 

approach it could fit here.) In the calculation of background cited in section VII.F, the 

relationship and contribution of wildland fire, wildfire and prescribed fire, should be clearly 

defined by EPA as to not allow increases from these natural background sources to mask 

progress towards attainment. As these sources are critical to long-term carbon sequestration 

and carbon stability in the United States, states developing implementation plans in concert 

with EPA will address these natural background sources, their contributions towards 

nonattainment and viable approaches such as use of smoke management programs and basic 

smoke management techniques to insure that efforts to use fire to address hazardous fuels are 

not derailed.

Response: EO 13653 is not a required element in regulatory packages. The EPA has not included 

this language. 

13. Page 626, line 11 – Add: prescribed fires. 

Response: The EPA has modified this language in Appendix U.
Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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14. Page 580 –EO 13653 - Preparing the United States for the Impacts of Climate Change –

specific text to document consideration of wildland fire management within land and 

resource management policies related to climate change:

Response: EO 13653 is not a required element in regulatory packages. The EPA has not included 

this language.

<commenter’s text omitted>