Proposed revisions to the Federal Air Rules for Reservations
Proposed changes
EPA is proposing changes to the Federal Air Rules for Reservations (FARR). These proposed revisions are expected to improve air quality protections for people living on reservations and are focused on reducing particulate matter emissions in areas with elevated levels, improving program implementation, and addressing emerging air quality concerns on reservations.
A summary of significant changes is provided on this page.
For a summary of all proposed changes, please refer to the Federal Register published on October 12, 2022, and the correction published on November 25, 2022 (see below).
Correction: In the preamble of the original Federal Register publication, the description of the proposed changes to one of the rules in the FARR, the general open burning rule, was inadvertently replaced with a duplicate of the description of the proposed changes to a different rule. We have published a correction to the preamble description of the proposed changes to the general open burning rule to the public. There were no corrections to the proposed amendments to the rule language.
Summary of significant changes
Extending the FARR
EPA is proposing to extend the FARR to the Snoqualmie Indian Reservation, the Cowlitz Indian Reservation, and the lands held in trust for the Samish Indian Nation, none of which had reservation lands in 2005. The proposed revisions would also clarify that the FARR applies to all lands held in trust for a Tribe in Idaho, Oregon, and Washington that have not been formally designated as a reservation.
Air pollution episodes
The FARR currently includes a rule that establishes procedures for the EPA to address the buildup of certain air pollutants. This rule allows EPA to issue air advisories, air pollution alerts, air pollution warnings, or air pollution emergencies. The proposed revision adds an action level trigger for PM2.5 (which did not previously exist) and aligns three action levels (air pollution alert, air pollution warning, and air pollution emergency) with the EPA Air Quality Index (AQI). The AQI is a nationally uniform color-coded index used to communicate human health concerns associated with air pollution concentrations.
General open burning
The General Open Burning rule currently contains a lengthy itemized list of materials that are prohibited from being burned. The proposed revision to this rule would replace the current list with a short list of materials that can be burned, thereby providing clarity to the public on what can be burned in a general open burn.
EPA heard concerns that the current threshold for triggering burn bans, specifically 75% of any 24-hour PM NAAQS, could limit the number of available burn days, which could impede the increased use of prescribed fire to help reduce the risk of wildfire. EPA is soliciting comment on changing the threshold for triggering burn bans to whether PM concentrations exceed or are projected to exceed the NAAQS (rather than 75% of the NAAQS) anytime during the next 72 hours.
The meteorological forecasting tools and availability of real-time air monitoring data have improved significantly since the FARR was promulgated in 2005, so relying on projections of the PM NAAQS, rather than a percentage below the PM NAAQS, for calling burn bans may also provide reasonable assurance that emissions from open burning will not cause or contribute to an exceedance of the PM NAAQS.
General open burning permits
EPA is proposing to split the General Open Burning Permit rule into:
- A permit rule for large open burns, which would establish a permit program for burning allowable materials in a single pile greater than 10 feet in diameter or more than 60 feet of ditch bank or fence line vegetation.
- Two permit rules for burns that are smaller than this size, which would create two options for more streamlined burn permit programs.
These various burn permit rules would apply only on the Nez Perce, Umatilla, and Yakama Reservations, as specified in the proposed rules.
Visible emissions and orchard heating devices
EPA proposes to apply the visible emissions rule to orchard heating devices. This proposed revision would require that visible emissions from orchard heating devices not exceed 20% opacity. We anticipate that there are categories of orchard heating devices (e.g., smudge pots and open-pot heaters) that would not be capable of complying with the 20% opacity standard and this action, if finalized, would therefore effectively prohibit the continued use of such devices while still allowing for the use of less polluting devices such as propane heaters.
To ensure current users of orchard heating devices that cannot comply with the visible emission standard have adequate time to find alternatives to the use of such devices, the proposed provision would not go into effect until 3 years after this revision is finalized and becomes effective.
Residential woodstove installation
This proposed rule would only allow future installation of residential wood burning devices (e.g., woodstoves) that have been certified by EPA to meet EPA’s 2015 or newer performance standards, as indicated by a permanent label. These devices emit fewer smoke particles and use less wood to produce heat, further protecting air quality. Individuals living on Indian reservations would be able to continue using uncertified and older certified residential wood heaters, hydronic heaters, forced air furnaces, or central heaters as long as the devices were installed prior to the effective date of this new rule.
Alternatively, EPA is proposing to only allow future installation of residential wood burning devices that have been certified by the EPA to meet any EPA performance standards, as indicated by a permanent label. The EPA is requesting comment specifically on whether the proposed rule or the proposed alternative should be finalized.
This rule would also limit the materials that can be burned in these devices to untreated wood and solid fuels designed specifically for these devices (i.e., dry wood and wood pellets).
Residential woodstove curtailment
EPA is also proposing a rule that establishes a curtailment program for residential wood burning devices, in specific areas and on certain reservations, where wood smoke contributes to elevated PM2.5 and PM10 concentrations during periods of stagnant air. A curtailment program restricts the use of wood burning devices during periods of poor air quality to protect human health.
The proposed rule includes exemptions for low-income households and where a wood burning device is the sole source of heat. This rule would only apply on the Colville, Nez Perce, and Yakama Reservations.
Public comments
EPA accepted comments on all aspects of the proposed revisions from October 12, 2022, through January 10, 2023.
All comments received during the public comment period are available for review in the federal rulemaking docket at Regulations.gov (Docket EPA-R10-OAR-2020-0361).
Contact
For questions, or if you need assistance submitting your comments, please contact Sandra Brozusky (brozusky.sandra@epa.gov), 206-553-5317.