Proposed Rule2022-24747
Air Plan Approval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter
Primary source
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Published
November 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 219 (Tuesday, November 15, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24747]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#23534a5751460d51424d475a634653420d444c55"><span class="__cf_email__" data-cfemail="7a0a130e081f54081b141e033a1f0a1b541d150c">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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, <a href="/cdn-cgi/l/email-protection#1f6f766b6d7a316d7e717b665f7a6f7e31787069"><span class="__cf_email__" data-cfemail="fc8c95888e99d28e9d929885bc998c9dd29b938a">[email protected]</span></a>. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. 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, <a href="/cdn-cgi/l/email-protection#3949504d4b5c174b58575d40795c4958175e564f"><span class="__cf_email__" data-cfemail="6d1d04191f08431f0c0309142d081d0c430a021b">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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.
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\1\ See <a href="https://www.census.gov/quickfacts/fact/table/elpasocountytexas,US/PST045221">https://www.census.gov/quickfacts/fact/table/elpasocountytexas,US/PST045221</a> for the 2020 and 2021 population
estimates for El Paso County.
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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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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.
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\2\ See <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
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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).
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\3\ See the United States Census Bureau's QuickFacts on Texas at
<a href="https://www.census.gov/quickfacts/fact/table/TX,US/PST045221">https://www.census.gov/quickfacts/fact/table/TX,US/PST045221</a>.
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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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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