[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68413-68415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24747]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0802; FRL-9401-01-R6]


Air Plan Approval; Texas; Control of Air Pollution From Visible 
Emissions and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Texas State Implementation Plan (SIP) submitted by the 
State of Texas to EPA on October 22, 2021, that pertains to particulate 
matter standards and outdoor burning regulations. The revision allows 
volunteer firefighters to fulfill supervision requirements for the 
burning of trees, grass, leaves, branch trimmings, or other plant 
growth generated from specific residential properties at designated 
sites for consolidated burning of waste located outside of a 
municipality and within a county with a population of less than 50,000.

DATES: Written comments must be received on or before December 15, 
2022.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2021-0802, at https://www.regulations.gov or via email to 
[email protected]. 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 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, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Randy Pitre, EPA Region 6 Office, 
Infrastructure and Ozone Section, (214) 665-7299, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office may be closed to the public to reduce the risk 
of transmitting COVID-19. We encourage the public to submit comments 
via https://www.regulations.gov, as there will be a delay in processing 
mail and no courier or hand deliveries will be accepted. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means 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 CAA section 109, and they currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter (PM), and sulfur dioxide. 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 must also be 
submitted to the EPA for approval.
    The EPA approved SIP for Texas includes Title 30 of the Texas 
Administrative Code (30 TAC), Chapter 111 (Control of Air Pollution 
from Visible Emissions and Particulate Matter), Subchapter B (Outdoor 
Burning). EPA approved Texas regulation 30 TAC 111.209(5) allows, under 
certain conditions, outdoor burning of waste at a site that is (1) 
designated for consolidated burning of waste generated from specific 
residential properties and (2) located outside of a municipality and 
within a county with a population of less than 50,000. Among the 
conditions is that (1) burning at the designated site is supervised by 
an employee of a fire department who is part of the fire protection 
personnel and (2) the fire department employee must notify the Texas 
Commission on Environmental Quality (TCEQ) 24 hours in advance of any 
scheduled supervised burn (30 TAC 111.209(5)(F)). Only trees, grass, 
leaves, branch trimmings, or other plant growth may be burned under 
this provision.
    In response to Texas House Bill 2386 (85th Texas Legislature, 
2017), TCEQ amended 30 TAC 111.209(5), to include volunteer 
firefighters, acting within the scope of their duties, to fulfill the 
supervision requirements for the burning of waste at these sites. EPA 
received the amendment as a SIP revision on October 22, 2021.

II. The EPA's Evaluation

    CAA section 110(l) provides that EPA shall not approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. The outdoor burning 
allowed under 30 TAC 111.209(5) applies at designated sites for 
consolidated burning of waste generated from specific residential 
properties which are located outside of a municipality and within a 
county with a population of less than 50,000.
    El Paso County is the only Texas county designated as nonattainment 
for PM. However, the outdoor burning allowed under 30 TAC 111.209(5) 
would not be allowed in El Paso County, because the county's population 
is greater than 50,000.\1\ Allowing volunteer firefighters, in addition 
to fire department employees, to supervise the burning and meet the 
supervision requirements at these sites is not expected to result in a 
change in emissions or ambient concentrations of a criteria pollutant 
or its precursors. Thus, the revision would not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.
---------------------------------------------------------------------------

    \1\ See https://www.census.gov/quickfacts/fact/table/elpasocountytexas,US/PST045221 for the 2020 and 2021 population 
estimates for El Paso County.
---------------------------------------------------------------------------

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that pertain 
to particulate matter standards and

[[Page 68414]]

outdoor burning regulations. The revision allows volunteer firefighters 
to fulfill supervision requirements for the burning of specific types 
of waste at designated sites for consolidated burning of wastes 
generated from specific residential properties located outside of a 
municipality and within a county with a population of less than 50,000. 
Specifically, we are proposing to approve a revision of 30 TAC 
111.209(5) submitted on October 22, 2021.

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 Section 
III Proposed Action of this document. EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \2\ The EPA is 
providing additional analysis of environmental justice associated with 
this action for the purpose of providing information to the public.
---------------------------------------------------------------------------

    \2\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within 
Texas.\3\ The EPA then compared the data to the national average for 
each of the demographic groups. The results of the demographic analysis 
indicate that, for populations within Texas, the percent people of 
color (persons who reported their race as a category other than White 
alone (not Hispanic or Latino)) is significantly higher than the 
national average (62.4 percent versus 43.1 percent). Within people of 
color, the percent of the population that is Hispanic or Latino is 
higher than the national averages (40.2 percent versus 18.9 percent). 
The percentage of people living in poverty in Texas is higher than the 
national average (13.4 percent versus 11.6 percent). The percentage of 
people aged 25 and over with a high school diploma in Texas is slightly 
below the national average (84.4 percent versus 88.5 percent) and for 
the same age group, the percentage with a bachelor's degree or higher 
education is slightly lower than the national average (30.7 percent 
versus 32.9 percent).
---------------------------------------------------------------------------

    \3\ See the United States Census Bureau's QuickFacts on Texas at 
https://www.census.gov/quickfacts/fact/table/TX,US/PST045221.
---------------------------------------------------------------------------

    Particulate matter contains microscopic solids or liquid droplets 
that are so small that when inhaled can cause serious health problems. 
Short and/or long-term exposure to elevated concentrations of PM 
emissions may contribute to the development of asthma and may 
potentially increase susceptibility to respiratory infections. People 
with asthma, as well as children and the elderly are generally at 
greater risk for the health effects of PM. As discussed in Section II 
of this action, the EPA proposes to approve the request to allow 
volunteer firefighters, in addition to fire department employees to 
supervise the burning and to meet the supervision requirement at the 
burn site. The PM emissions are not expected to result in impacts to 
the PM NAAQS because the emissions are temporary and the requirements 
limit the burn site area location to areas that do not show problems 
attaining or maintaining air quality with regard to PM emissions. 
Therefore, we believe that these existing open burning regulations and 
resulting emissions will not lead to disproportionately high or adverse 
human health or environmental health effects on communities with 
environmental justice concerns.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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).

[[Page 68415]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

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

    Dated: November 8, 2022.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2022-24747 Filed 11-14-22; 8:45 am]
BILLING CODE 6560-50-P


