[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Notices]
[Pages 56308-56310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23948]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6871-5]
Notice of Availability of Recommendations From the Task Force on
Agricultural Air Quality Regarding Agricultural Burning and Voluntary
Measures; Solicitation of Comments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to provide the public with an
opportunity to comment on the Agricultural Air Quality Task Force
(AAQTF) recommendations regarding an air quality policy on agricultural
burning and on a voluntary (incentive based) control measures policy to
address RACM/BACM requirements for particulate matter (PM)
nonattainment areas. Section 391 of the 1996 Federal Agriculture
Improvement and Reform Act (FAIR) directs the Chief of the Natural
Resource Conservation Service (NRCS) of the United States Department of
Agriculture (USDA) to establish a task force to address agricultural
air quality issues. The AAQTF includes representation from agricultural
producers, air quality researchers, agricultural industry
representatives, medical researchers and State air quality and USDA
staff. On November 10, 1999, the AAQTF forwarded a series of
recommendations to the USDA in response to implementing provisions of
the Clean Air Act and the concerns of agricultural producers to retain
the valid use of fire as a management tool in support of agricultural
production. In February 2000, Secretary Glickman forwarded these
recommendations to EPA Administrator Browner as written for
consideration in the development of future policies impacting
agricultural burning. The recommendations provide guidance on reducing
air pollution impacts caused by burning in support of agricultural
production. It identifies a two-tier approach to the regulation of
agricultural burning by Agricultural Burning Managers. Along with these
recommendations the AAQTF also submitted recommendations to the
Administrator related to a voluntary (incentive based) control measures
policy to address RACM/BACM requirements for agricultural operations in
PM nonattainment areas.
The EPA is seeking public comment on both sets of AAQTF
recommendations as it prepares to begin developing policies to address
the air quality impacts of agricultural burning
[[Page 56309]]
and the use of USDA's incentive based programs/practices in meeting
RACM/BACM requirements. Since the voluntary measures recommendations
are relatively brief they have been included in this notice. The
agricultural burning recommendations however are too lengthy to include
here. To obtain copies of the agricultural burning recommendations via
the Internet, use the following Internet address: http://www.nhq.nrcs.usda.gov/faca/aaqtf.html. This document can also be found
at http://www.nhq.nrcs.usda.gov/faca/. To obtain hard copies call Robin
Dunkins at 919-541-5335, or Elvis Graves at 919-541-5436.
DATES: Written comments, identified by Docket No. A-2000-22, must be
received by EPA on or before November 17, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Gary Blais or Robin Dunkins,
Integrated Policy and Strategies Group, Office of Air Quality Planning
and Standards, Environmental Protection Agency, Research Triangle Park,
NC 27711; telephone numbers: 919-541-3223 or 919-541-5335; e-mail
addresses: [email protected] or [email protected].
SUPPLEMENTARY INFORMATION:
I. How can I get additional information or copies of this document
or other related documents?
1. Electronically. You may obtain electronic copies of this
document and other related documents from the EPA internet home page at
http://www.epa.gov/. To access this document, on the home page select
``Laws and Regulations'' and then look up the entry for this document
under the ``Federal Register--Environmental Documents.'' You can also
go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
2. In Person. The Agency has established an official record for
this action under docket control number A-2000-22. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in
EPA's Air and Radiation Docket and Information Center; 401 M Street SW;
Room M-1500 (Mail Code 6102); Washington, DC 20460. The docket is
available for public inspection and copying between 8:00 a.m. and 5:30
p.m., Monday through Friday, excluding legal holidays. A reasonable fee
may be charged for copying.
II. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number A-2000-22 in the subject line on the
first page of your response.
1. By U.S. Postal Service. Submit comments to: EPA Air and
Radiation Docket and Information Center (Mail Code 6102), Attention:
Docket No. A-2000-22, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-7548.
2. In Person or by Courier. Deliver comments to: EPA Air and
Radiation Docket and Information Center; 401 M Street SW; Room M-1500
(Mail Code 6102); Washington, DC 20460; Attention: Docket No. A-2000-
22.
3. Electronically. Submit electronic comments by e-mail to: [email protected]. Do not submit any information electronically
that you consider to be CBI. Electronic comments must be submitted as
an ASCII file, avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on standard
computer disks in WordPerfect 6.1/8.0 or ASCII file format. All
comments in electronic form must be identified by the docket control
number A-2000-22. Electronic comments may also be filed online at many
Federal Depository Libraries.
III. How Should I Handle CBI Information That I Want To Submit to
the Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under FOR FURTHER INFORMATION CONTACT.
IV. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve this notice.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.
V. Voluntary Compliance Program Recommendations--Introduction
Agricultural field operations are perceived to be significant
sources of PM-10. In areas that are classified as nonattainment, states
are required to bring the areas into attainment in a time frame
specified by the Clean Air Act (CAA). If a time line is not met, the
state is subject to penalties such as withholding of federal highway
funds, offsets, and Federal Implementation Plans (FIPs).
In ``moderate'' and ``serious'' nonattainment areas, all area
source agricultural operations that are perceived to contribute to the
ambient concentration of PM-10 will be required to implement
``Reasonably Available Control Measures (RACM)'' and ``Best Available
Control Measures (BACM),'' respectively. No current guidance exists on
RACM and BACM for agricultural operations. The difficulties with
[[Page 56310]]
specifying control measures for area sources of PM-10 are the lack of
good scientific data on the quantity of the PM-10 reductions associated
with specific ``RACM/BACM.'' In order to appropriately develop guidance
for agricultural operations, the following research is needed:
Define appropriate and effective PM-10 control measures
(potential RACM/BACMs) for agricultural operations that are
economically and technologically feasible;
Quantify PM-10 reductions resulting from the utilization
of each proposed RACM/BACM; and
Develop accurate emissions inventories for agricultural
operations.
In the interim, States must include in their State Implementation
Plans (SIPs) actions that will bring nonattainment areas into
attainment within the time frame specified by the CAA. The Agricultural
Air Quality Task Force (AAQTF) recommends that the available control
measures (potential candidates for RACM/BACM) be based on the
Conservation Management Practices (CMP) compiled by USDA.
VI. Voluntary Compliance Program Recommendations
The AAQTF considers that voluntary compliance programs are the
appropriate strategy for agriculture. The AAQTF is proposing that
voluntary compliance programs be used by air pollution regulatory
agencies for reductions of PM-10 from agricultural operations in areas
classified as nonattainment. The goal of these voluntary, incentive-
based programs is to provide significant reductions of PM-10 emissions
from agricultural operations while sustaining long-term agricultural
production. In order for EPA to utilize this policy, the USDA
incentive-based programs must include ``accountability'' and ``backstop
provisions.'' ``Accountability'' would encompass verification of
participation in the program by NRCS or ``appropriate agency.''
(``Farmers will self certify and NRCS will provide verification of
percent application every third year or as appropriate.) Accountability
would also include adequate recordkeeping of plans and participation by
USDA. ``Backstop'' would be a failure to achieve participation credited
in the SIP which would result in a ``SIP Call'' and could result in a
regulatory approach by the state which could regulate individual
agricultural operations.
Although the motivation for this program is to address PM-10
regulatory procedures, it is anticipated that this voluntary compliance
program could also be used for other regulated pollutants attributed to
agricultural operations.
As part of this program, the AAQTF proposes the following:
A guidance document for agriculture production be
developed that would include proposed RACM/BACMs and estimated
reductions of PM-10 associated with implementation of each abatement
strategy. It is anticipated that RACM/BACM will need to be determined
on a site specific basis. (A RACM/BACM may be appropriate for one
location and not appropriate for another.) Provisions will be made to
facilitate the incorporation of current research findings into this
guidance document.
Local elected officials from the soil and water
conservation districts as agreed to in the USDA/EPA Memorandum of
Understanding (MOU) may administer the voluntary compliance program
with technical assistance, education and training provided by the
Natural Resources Conservation Service (NRCS), Cooperative State
Research, Education, and Extension Service (CSREES), land grant
universities, and the Agricultural Research Service (ARS).
Appropriate resources should be provided to the local soil
and water conservation districts and NRCS personnel.
SIP credits should be allowed based on the rate of
participation (percentage of land mass and/or percentage of cooperators
participating) and should be based on certification by officials of the
conservation district on an annual basis.
There should be no additional record keeping and reporting
requirements on the cooperators beyond that required by the USDA
programs.
The success of this policy will depend upon the states
ability to comply with the SIP.
If agricultural operations are utilizing economically and
technologically feasible control measures, the intent of this policy is
not to place demands that will result in adverse impacts on those
cooperators.
Dated: September 6, 2000.
John S. Seitz,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 00-23948 Filed 9-15-00; 8:45 am]
BILLING CODE 6560-50-P