
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Proposed Rules]
[Pages 74739-74741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25983]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0222; FRL-9954-02-Region 6]


Approval and Promulgation of State Implementation Plans; Texas; 
Control of Air Emissions From Visible Emissions and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Texas State Implementation Plan (SIP) 
submitted by the State of Texas that pertain to particulate matter 
standards and outdoor burning regulations. The State submitted the SIP 
revisions in the years 1989, 2004, 2006, and 2014. This rulemaking 
action is being taken under section 110 of the Federal Clean Air Act 
(CAA). The EPA has determined that the SIP revisions are approvable and 
meet the requirements established in section 110 of the CAA.

DATES: Written comments must be received on or before November 28, 
2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0222, at http://www.regulations.gov or via email to 
pitre.randy@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia

[[Page 74740]]

submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact Randy Pitre, 
(214) 665-7299, pitre.randy@epa.gov. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, (214) 665-7299, 
pitre.randy@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Mr. Pitre or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards (NAAQS). These NAAQS are 
established under section 109 of the CAA and they currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. The state's air regulations are 
contained in its SIP, which is basically a clean air plan. Each state 
is responsible for developing SIPs to demonstrate how the NAAQS will be 
achieved, maintained, and enforced. The SIP must be submitted to EPA 
for approval and any changes a state makes to the approved SIP also 
must be submitted to the EPA for approval.

II. The EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the Texas Commission on Environmental Quality (TCEQ or 
``the State'') submitted revisions to 30 Texas Administrative Code 
(TAC) Chapter 111, Subchapters 203, 209 and 211. The TCEQ also asked 
that we remove from the SIP a prior version of the now repealed rule 
(30 TAC Section 111.155) that we previously approved into the SIP as 
Rule 105.2, titled ``Ground Level Concentrations'' that limit ground 
level concentrations of particulate matter emissions in Texas. See 27 
FR 10842 (May 31, 1972).
    In the August 21, 1989 SIP submittal, the TCEQ repealed Rule 105.2 
and adopted the newly renumbered 30 TAC Section 111.155 to replace it. 
In an October 28, 1999 (64 FR 57983) direct final rulemaking action, we 
proposed to approve the newly renumbered Section 111.155 into the Texas 
SIP. However, we received an adverse comment on inclusion of Section 
111.155 (formerly 105.2) into the SIP. We therefore withdrew that 
October 28, 1999 action. See 64 FR 70592 (December 17, 1999). In our 
final action to that rulemaking, we stated that we were no longer 
taking action to approve Section 111.155 into the SIP. See 80 FR 19145 
(April 28, 2009). Subsequently, the TCEQ adopted the repeal of Section 
111.155 from their State rules. In the State's June 9, 2006 SIP 
submittal, the TCEQ asked EPA to remove from consideration a currently 
pending SIP request (the August 21, 1989, SIP submittal) to include 30 
TAC Section 111.155 into the SIP. It also asked us to remove the former 
105.2 rule from the SIP. Our analysis, available in our TSD in the 
rulemaking docket, finds that removal of Rule 105.2 (subsequently 
renumbered by the State as 111.155) is approvable. In 1971, EPA 
promulgated primary and secondary NAAQS for particulate matter (PM), 
measured as ``total suspended particulate matter'' or ``TSP.'' On July 
1, 1987, (52 FR 24634) following the initial review of the standard, 
EPA announced its decision to replace TSP as the indicator for PM for 
ambient standards with particles with an aerodynamic diameter less than 
or equal to a nominal 10 micrometers (PM10). The NAAQS for 
PM have been revised three times since 1987, the most recent of which 
was on December 14, 2012, when we revised the primary annual 
PM2.5 standard to 12.0 [micro]g/m \3\ and we retained the 
24-hour PM2.5 standard of 35 [micro]g/m \3\ (78 FR 3086).\1\ 
Rather than revising the SIP each time the NAAQS are revised, the Texas 
SIP at 30 TAC Section 101.21 provides enforcement of the NAAQS 
throughout Texas (see 42 FR 27894, June 1, 1977). Thus, removing 30 TAC 
Section 111.155 from the SIP would not result in any weakening of the 
SIP.
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    \1\ See 62 FR 38652, July 18, 1997 and 71 FR 61144, October 17, 
2006.
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    The State's November 15, 2004 SIP submittal requests that EPA 
approve an amendment to 30 TAC Section 111.209, Exception for Disposal 
Fires, which allows the disposal of animal remains by veterinarians. 
Specifically, the November 15, 2004, SIP submittal revises 30 TAC 
Section 111.209(3) to authorize the use of outdoor burning of animal 
remains for veterinarians in accordance with Texas Occupations Code 
(TOC), Section 801.361, Disposal of Animal Remains. This revision to 
the State's rules was necessary for TCEQ rules to be consistent with 
State law and to more precisely define when and where such animal 
remains could be burned by referencing the current state code of 
practice for veterinarians. The TOC, Section 801.361 addresses what can 
be burned (i.e., animal remains and the associated medical waste, but 
not sharps \2\ and the circumstances of the specific veterinarian-
client-patient case.\3\ Such burning is also subject to 30 TAC 111.219, 
General Requirements for Allowable Outdoor Burning, which addresses 
wind speeds, atmospheric temperature inversions, and other conditions, 
in an effort to protect, rather than adversely impact, air quality. We 
commented at the time of the State's public comment period that we had 
no objections to these revisions. We continue to believe that under 
section 110(l) of the CAA, such revisions will not interfere with 
attainment of the NAAQS, Reasonable Further Progress or any other 
applicable requirement of the CAA. Therefore, this revision is 
approvable.
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    \2\ Sharps are defined as needles, scalpels, or other articles 
that could cause wounds or punctures to personnel handling them. See 
http://medical-dictionary.thefreedictionary.com/sharps.
    \3\ See TOC Section 801.361 at http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm#801.361.
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    The July 18, 2006, SIP submittal revises 30 TAC Section 111.203 to 
prohibit the burning of household refuse in a limited demographic area 
on lots of less than five acres, making it a Class C misdemeanor under 
Texas law if someone knowingly or intentionally burns in such an area. 
30 TAC Section 111.209 was amended to make a distinction between 
allowable burning in areas of attainment and nonattainment, and to 
incorporate all currently SIP-approved controls at 30 TAC Section 
111.219. Additional amended regulations were included in the July 18, 
2006, SIP submittal which included regulations to require signs at 
designated specific residential

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properties for consolidated burning at the designated site, records to 
include the site description of a platted subdivision, to ensure that 
all waste was generated at specific residential properties for which 
the site is designated, and ensure that all burning at the designated 
site is directly supervised by an employee of a fire department who is 
part of the fire protection personnel, as defined by Texas Government 
Code, Section 419.021, and is acting in the scope of the person's 
employment, where the fire department employee shall notify the 
appropriate TCEQ regional office with a telephone or electronic 
facsimile notice 24 hours in advance of any scheduled supervised burn, 
and other advisory requirements including that TCEQ approval is not 
required.
    The March 3, 2014 SIP submittal revises 30 TAC Section 111.211 to 
allow prescribed burns for the purpose of wildfire hazard mitigation. 
The submitted revision allows prescribed burning in other areas, such 
as where rural areas interface with urban areas, for the purpose of 
wildfire hazard mitigation in order to reduce the incidence, intensity, 
and spread of wildfires. The EPA submitted comments to the TCEQ during 
the State's public comment period. The State responded to our comments 
and those were included as part of the SIP submittal. We have reviewed 
the State's evaluation of our comments and agree that the revision is 
not allowing an additional activity with the addition of wildfire 
hazard mitigation, since the TCEQ already has the ability to allow 
prescribed burns for wildfire hazard mitigation purposes on a case by 
case basis. The purpose of the revision is to better facilitate the 
process of allowing prescribed burns for wildfire hazard mitigation and 
thereby reduce the chance of emissions of pollutants that could be 
emitted in an uncontrolled wildfire. Our analysis, available in our TSD 
in the rulemaking docket, finds that the revisions to 30 TAC Section 
111.211 are not significant, are approvable and would not interfere 
with attainment of the NAAQS or prevent any reasonable further progress 
in obtaining the NAAQS or any other applicable requirement of the CAA.

III. Proposed Action

    We are proposing to approve the Texas SIP revisions dated from 
1989, 2004, 2006 and 2014. Specifically, we are proposing to approve 
the August 21, 1989 and the June 9, 2006 submittals that repealed the 
Rule 105.2 (subsequently renumbered 30 TAC Section 111.155). We are 
proposing to approve the November 15, 2004, submittal that revises 30 
TAC Section 111.209. We are proposing to approve the July 18, 2006, 
submittal that adopted amendments to 30 TAC Section 111.203 and 30 TAC 
Section 111.209 that revises 30 TAC Subchapter B ``Emissions Limits.'' 
We are also proposing to approve the March 3, 2014, submittal that 
adopted amendments to 30 TAC Section 111.211 with revisions to 
Subchapter B.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Texas regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 21, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-25983 Filed 10-26-16; 8:45 am]
 BILLING CODE 6560-50-P


