Exceptional Events and Fire Policy

Presented by Don Hodge, U.S. EPA Region 9Interagency Air and Smoke Council meeting

May 2, 2012

Disclaimer: Positions and views expressed here represent draft EPA guidance and/or staff recommendations and not final Agency policy

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Clean Air ActThe Basics Regulates

Criteria pollutants Visibility

Process Federal: sets NAAQS and designates attainment State, Tribal, local: develop implementation plans,

regulate emissions, and monitor concentrations and haze

Goal Maintain or attain air quality meeting standards As shown by ambient air monitoring data

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Clean Air Act Exceptions

Some events are not under regulatory controlEER provides the process to exclude valid ambient concentration data from attainment determinations40 CFR 50.1(j), 40 CFR 50.14

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Definition of “Exceptional Event” 40 CFR 50.1(j)

Affected air quality Natural or Caused by human activity

and unlikely to recur at a particular location

Event was not reasonably controllable or preventable

Event was not related to: Weather Source noncompliance

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Fire Policy purpose Prescribed fire characteristics

Long-term ecological and human health benefits

Human activity Likely to recur at same location? Reasonably controllable or preventable?

Fire Policy intended to clarify application of EER in this case

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Fire Policy process Interim Fire Policy requirements

State-certified smoke management plan Basic smoke management practices

Revised Fire Policy development status EPA leads are revising the draft to address

comments from EPA regional offices on Federal Land Managers’ proposed language

Revised draft policy expected summer 2012

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Contacts Exceptional events

Katherine Hoag, Air Quality Analysis Office Hoag.Katherine@EPA.gov 415-972-3970

Fire Policy Process Don Hodge, Agriculture Program Hodge.Don@EPA.gov 415-972-3240

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Demonstration of “Exceptional Event” Clear causal relationship Concentrations in excess of

normal historical concentrations

No exceedance/violation but for the event

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Exceptional Events RuleThe Process

1. State air-quality agencies flag the monitoring data and submit documentation connecting the data to an exceptional event.

2. EPA reviews documentation. Options: concur, not concur, not act.

3. If we concur, we: Exclude data from NAAQS attainment

demonstration Document our concurrence

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Exceptional Events GuidanceRecent Activity

Elements currently drafted High Winds Guidance document Extensive Q/A Resources, examples: www.epa.gov/ttn/analysis/exevents.htm

Review and revision timeline Summer 2011: state/local/tribal and FLM agency comments received Spring/Summer 2012: finalize response to comments document and

send to original commenters Later in 2012: release revised draft guidance for broader public review

and comment via a Notice of Data Availability in the Federal Register Finalize guidance Determine next steps regarding potential rule changes

Planned elements demonstration elements for wildfire / ozone exceptional events prescribed fire