From:Mathias, Scott

Sent:Thursday, January 29, 2015 12:33 PM

To:Szabo, Aaron

Cc:Pepple, Karl

Subject:RE: interagency comments on EO 12866_13563 2008 National Ambient Air

Quality Standards (NAAQS) Ozone State Implementation Plan (SIP) Final Rule

Aaron,

Here are our responses to the additional interagency comments received on January 28.

1.Page 75-77 section on fire:

a.1st paragraph: We accept the first change, adding “behavior and effects”

b.1st paragraph: We are concerned with the second change in the first paragraph because

during the interagency call on 1/23/2015 the representative from DOI (may have been Paul

Steblein?) indicated that DOI wanted to use the term “wildland” in place of

“prescribed”. Please verify that the interagency reviewers are in agreement with the

change currently being proposed.

c.2nd paragraph: We could accept the first change, if we can agree to it as “Some small-scale

wildfires and...” to more clearly contrast with large-scale and catastrophic scale fires, which

are not events that minimize adverse public health effects.

d.2nd paragraph: We do not agree with the remaining changes to this paragraph. These

proposed changes suggest bounds on state discretion and interactions that are not

consistent with the CAA paradigm of state primacy in SIP development. Specifically,

suggesting that state RACM determinations are limited to catastrophic fires is not

appropriate, and suggesting that it is land managers/owners that are the initiating actors for

SIP-related plans is also not appropriate. The primary context for this rulemaking is EPA

providing SIP development rules/guidance to the states that are responsible for carrying out

the requirements, not to land managers/owners.

2.Page 82-83: We accept the typo correction.

3.Page 115: We accept the changes offered by the interagency reviewer, but ourselves have

noticed an inaccurate word that we are changing. The word “can” in the first sentence is more

accurately characterized as “...may be able to...”

Let me know if we need to further discuss.

Scott Mathias | Associate Director, Air Quality Policy Division | U.S. EPA, RTP, NC 27711 |

919.541.5310

From: Szabo, Aaron [mailto:Aaron_L_Szabo@omb.eop.gov]

Sent: Wednesday, January 28, 2015 2:02 PM

To: Mathias, Scott

Subject: First interagency comments on EO 12866_13563 2008 National Ambient Air Quality Standards

(NAAQS) Ozone State Implementation Plan (SIP) Final Rule

Importance: High

Scott,
I wanted to get these to you as soon as possible. Please see below for comments that I have received on

the 2008 NAAQS Ozone SIP final rule. Please let me know if you would like to discuss these

recommendations and what, if any, you have accepted. Thank you very much.

Aaron L. Szabo

Policy Analyst

Office of Management and Budget

202-395-3621

Aaron_L_Szabo@omb.eop.gov

Page 75-77 section on fire:

Wildfire emissions are a component of background ozone[1] and can significantly contribute to periodic

high ozone levels.[2] Besides their effect on air quality, wildfires pose a direct threat to public safety – a

threat that can be mitigated through management of wildland vegetation. Attempts to suppress

wildfires have resulted in unintended consequences, including increased risks to both humans and

ecosystems.[3] The use of wildland prescribed fire can influence the occurrence, behavior and effects of

catastrophic wildfires which may help manage the contribution of wildfires to background ozone levels

and periodic peak ozone events. Additionally prescribed fires can have benefits to those plant and

animal species that depend upon natural fires for propagation, habitat restoration, and reproduction, as

well as myriad ecosystem functions (e.g., carbon sequestration). The EPA understands the importance of

prescribed fire which mimics a natural process necessary to manage and maintain fire-adapted

ecosystems and climate change adaptation, while reducing risk of uncontrolled emissions from

catastrophic wildfires, and is committed to working with federal land managers, tribes, and states to

effectively manage prescribed wildland fire use to reduce the impact of wildfire related emissions on

ozone.

If wildfire impacts are significant, contributing to exceedances of the standard, states should consider

RACM for this source. Fires play an important ecological role across the globe, benefiting those plant

and animal species that depend upon natural fires for propagation, habitat restoration, and

reproduction. Fires are one tool that can be used to reduce fuel load, unnatural understory, and tree

density, helping to reduce the risk of catastrophic wildfires. Some wildfires and the use of prescribed fire

can influence the occurrence of catastrophic wildfires which may reduce the probability of fire-induced

ozone impacts and subsequent public health effects. RACM for catastrophic wildfire may include

addressing the wildland fuels through fuels management, and including the use of prescribed fire and

allowing some wildfire to occur naturally in systems that are ecologically fire dependent. Where

appropriate, land managers and owners states may consider developing plans for addressing wildland

fuels in collaboration with states land managers and owners. RACM for prescribed fires should also be

considered. Information is available from DOI and the USDA Forest Service on smoke management

programs and basic smoke management practices and may be considered when determining RACM for

prescribed fires. RACM must be determined for each area on a case-by-case basis.

Page 82-83(typo): We also stated in the proposal that general conformity for the 2008 ozone NAAQS

would apply 1 year after the effective date of nonattainment designations for that NAAQS because

section 176(c)(6) provides a 1-year grace period from the effective date of initial designations before

general conformity determinations are required in areas newly designated nonattainment for a

particular pollutant and standard. In such areas we encourage states to consider in any baseline
inventory used and/or submitted to include emissions expected from projects subject to general

conformity, including emissions from wildland fire that may be reasonably expected in the area .

Page 115: Where interstate transported emissions contribute to an exceedance or violation and come

from prescribed fire, wildfires or other natural sources such as wildfires, air agencies can use the

provisions in the EPA’s Exceptional Events Rule (40 CFR 50.14) to request exclusion of affected data.

Once EPA concurs with an air agency’s request, the event-influenced data are officially noted and

removed from the data set used to calculate official design values.

[1] Jaffe, DA; Wigder, NL. (2012). Ozone production from wildfires: A critical review. Atmos Environ 51: 1-

10.

>http://dx.doi.org/10.1016/j.atmosenv.2011.11.063<

[2] Emery, C; Jung, J; Downey, N; Johnson, J; Jimenez, M; Yarwood, G; Morris, R. (2012). Regional and

global modeling estimates of policy relevant background ozone over the United States. Atmos

Environ 47:206-217.

>http://dx.doi.org/10.1016/j.atmosenv.2011.11.012<

[3] Indeed, “Fire policy that focuses on [wildfire] suppression only, delays the inevitable,

promising more dangerous and destructive future...fires.” Stephens, SL; Agee, JK; Fule,

PZ; North, MP; Romme, WH; Swetnam, TW. (2013). Managing Forests and Fire in

Changing Climates. Science 342:41-42.