The United States Environmental Protection Agency’s top official announced Wednesday the agency will start the process of changing a decade-old rule with the hopes of increasing prescribed burns.
EPA Administrator Lee Zeldin, appointed earlier this year by President Donald Trump, said he has asked staff to specifically revisit the agency’s Exceptional Events Rule, which Zeldin claims has partially stood in the way of communities increasing their prescribed burning efforts.
The rule has long held prescribed burning in a gray area. The policy allows states to be exempt from meeting national air quality standards during “exceptional events,” or times of high pollution readings that states can’t control, like wildfires. However, a study published in February said prescribed fires may not always meet the exemption.
Since the practice is human-caused, is likely to recur, and is preventable, the current EPA policy would disqualify them as “exceptional events” and may lead to federal violations and financial penalties for states, according to the researchers. For this reason, EPA staff said that prescribed burns are virtually never nominated for exclusion under the rule.
“The relevant parts of the rule are very complex, but, to simplify, they indicate that if a prescribed burn complies with certain regulations and standard practices, it will be deemed by the agency to be “not reasonably controllable or preventable” and classified as a “natural” rather than “human-caused” event, such that the “unlikely to recur” requirement no longer applies,” the study said. To qualify, prescribed burns must comply with smoke management plans that reduce pollution effects and multiyear land resource management plans that set the frequency and location of burns. These requirements are quite complex and potentially burdensome.”
Zeldin affirmed that prescribed fires are necessary to protect communities from future catastrophic wildfires, but it’s unclear what changes he could make to the rule in order to increase prescribed burn activity. The EPA could have outright excluded as prescribed fires from the Exceptional Event Rule, but doing so may have incentivized states to avoid such burns and, instead, risk wildfires that are already exempt, the researchers said.
“As air quality standards are tightened, and as efforts are made to increase the pace and scale of prescribed fire on the landscape, it is possible that emissions from prescribed fires could have increased implications for nonattainment status,” the study said. “Indeed, the recent rulemaking process that lowered the annual PM2.5 standard raised significant concern within the forest management community over potential constraints the revised standard might impose on use of prescribed fire.”