Summary of Interagency Working Comments on Draft Language under 

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

Environmental Protection Agency (EPA): Proposed Rule 

Protection of Visibility: Amendments to Requirements for State Plans 

RIN 2060-AS55 

Reviewer recommends the following revisions below:

Specific Comment 10 Follow-up now on page 63: (iv) a prescribed fire is presumptively not 

reasonably preventable (in the sense that it not would have been reasonable to not conduct it, 

because of the multiple important benefits that would have been foregone, if a multi-year land or 

resource management plan1 for a wildland area has a stated objective to establish, restore and/or 

maintain a sustainable and resilient wildland ecosystem and/or to preserve endangered or 

threatened species through a program of prescribed fire and the use of prescribed fire in the area 

has not exceeded the frequency indicated in that plan. 

Comment: the footnote is from EE NPRM, page 72872 in the discussion of the “not reasonably 

controllable or preventable” section with explicit addition of State Forest Action Plans. 

Page 64 New Specific Comment: We believe appropriate use of prescribed fire needed for 

ecosystem health and to protect life and property from wildfires, with best basic smoke 

management practices applied, should be encouraged by EPA rules and policies, and that 

potentially unnecessary barriers to its use should be reassessed by the responsible authorities 

with input from land managers, affected communities and stakeholders. 

Page 68 New Specific Comment: If a state determines that compliance with a smoke 

management program of a particular design is required for reasonable progress, then the state 

should include the smoke management program in the SIP as part of the long-term strategy. We 

believe that states can include sufficiently detailed, enforceable language in their smoke 

management programs to make them practicably enforceable for SIP purposes (as may not be the 

case for all basic smoke management practices). Such a program should not impose unnecessary 

barriers to prescribed fire use and should include a plan for periodic assessment by the 

responsible authorities with input from land managers, affected communities and stakeholders. 

Comment: The precedent for program assessment was part of Section 309 of the RHR. The 

submittal of the results of the assessment could be added to the G. Requirements for Periodic 

Reports. 

Page 70 continuation of comment 10 on page 63 above: The adjustment would consist of 

adding to the value of natural visibility conditions an estimate of wildland prescribed fire 

impacts, only for the purpose of calculating the uniform rate of progress and only for prescribed 

 

1

 These plans could also include State Forest Action Plans, fire management plans, prescribed fire on wildland 

management plans, landscape management plans or equivalent public planning documents. 
Summary of Interagency Working Comments on Draft Language under 

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

fires that were conducted under multi-year land or resource management plans2 for wildland 

areas that have a stated objective to establish, restore and/or maintain a sustainable and resilient 

wildland ecosystems and/or to preserve endangered or threatened species through a program of 

prescribed fire and that provide for the use of appropriate basic smoke management practices. 

Specific Comment 25 Follow-up now on page 119: 2) wildland prescribed fires that were 

conducted under a multi-year land or resource management plan including State Forest Action 

Plans, fire management plans, prescribed fire on wildland management plans, landscape 

management plans or equivalent public planning documents for a wildland area that has a stated 

objective to establish, restore, or maintain sustainable and resilient wildland ecosystems or to 

preserve endangered or threatened species through a program of prescribed fire and that provides 

for the use of appropriate basic smoke management practices. 

Page 129 Follow-up to call discussion on inclusion of SMP assessment provision: (6) An 

assessment of whether the current implementation plan elements and strategies are sufficient to 

enable the State, or other States with mandatory Class I Federal areas affected by emissions from 

the State, to meet all established reasonable progress goals for the period covered by the most 

recent plan required under paragraph (f) of this section and results of the periodic assessment of 

the smoke management program for prescribed fires on wildland that it is not imposing 

unnecessary barriers to prescribed fire use conducted with input from land managers, affected 

communities and stakeholders . 

 

2

 These plans could also include State Forest Action Plans, fire management plans, prescribed fire on wildland 

management plans, landscape management plans or equivalent public planning documents.