[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57983-57989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27136]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-79-1-7328a, FRL-6459-8]
Approval and Promulgation of Implementation Plans; Texas; Repeal
of Board Seal Rule and Revisions to Particulate Matter Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action approving revisions to
the Texas Natural Resource Conservation Commission (TNRCC) regulations
in the Texas State Implementation Plan (SIP). These revisions remove
the Texas Air Control Board (TACB) Seal rule from the Texas SIP and
revise and recodify regulations for control of particulate matter in
the Texas SIP. Removal of the Board Seal rule eliminates a rule that no
longer applies to TNRCC. These revisions to the particulate matter
regulations update the SIP-approved regulations and make the SIP
citations consistent with the current State citations.
DATES: This rule is effective on December 27, 1999 without further
notice, unless EPA receives adverse comment by November 29, 1999. If
EPA receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Anyone wanting to examine these documents should
make an appointment with the appropriate office at least two working
days in advance.
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air
Planning Section at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'' is
used, we mean EPA. Texas Regulation I in the SIP and revisions to
Regulation I being approved in this action have undesignated headings.
In this document, references to these undesignated heading are preceded
by the word ``concerning.'' This document makes many references to
subsections of 40 CFR 52.2270. Section 40 CFR 52.2270 was moved to 40
CFR 52.2299 in a Federal Register action published July 7, 1999 (64 FR
36586).
On September 1, 1993, the TACB merged with the former Texas
Department of Water Resources to become the Office of Air Quality in
the new TNRCC. The TACB air regulations were transferred from Title 31
of the Texas Administrative Code (31 TAC) to Title 30 of the Texas
Administrative Code (30 TAC). The designation for the General Rules
changed from 31 TAC Chapter 101 to 30 TAC Chapter 101. The designation
for Regulation I changed from 31 TAC Chapter 111 to 30 TAC Chapter 111.
References to TNRCC replaced references to TACB in the regulations.
I. What Is EPA Approving in This Action?
Below is a brief discussion of the State submittals being approved
in this Federal Register action.
[[Page 57984]]
A. Adopted by TACB on June 16, 1989, and Submitted to EPA on August 21,
1989
The TACB adopted the repeal of the existing Regulation I and
adopted a new Regulation I. The primary purpose of the new rules was to
address EPA's new national ambient air quality standards in the El Paso
County PM10 nonattainment area. While in most cases the
purpose of the new rule provisions remained the same, the regulations
were reorganized and the rules renumbered and stylistically changed.
We acted upon sections of this submittal concerning Outdoor Burning
and concerning Materials Handling, Construction, Roads, Streets,
Alleys, and Parking Lots on January 18, 1994 (59 FR 2534), at
52.2270(c)(79), in a Federal Register action approving the
PM10 SIP for the El Paso County PM10
nonattainment area.
We acted upon sections of this submittal concerning Visibility on
May 8, 1996 (61 FR 20732), at 52.2270(c)(94).
The purpose of this Federal Register action is to approve the
remaining sections of the submittal concerning: Incineration, Emission
Limits on Nonagricultural Processes, Emission Limits on Agricultural
Processes, Exemptions for Portable or Transient Operations, and the
repeal of Sec. 111.92 relating to Compliance Dates. We are approving
these revisions to Regulation I as 30 TAC Chapter 111 even though they
were submitted as 31 TAC Chapter 111.
B. Adopted by TNRCC March 29, 1995 and Submitted to EPA on July 12,
1995
The TNRCC adopted the repeal of Sec. 101.12, Board Seal, from the
TNRCC General Rules because the rule no longer applies to TNRCC. The
TNRCC also revised Regulation I, Sec. 111.103, Exemptions to
Prohibitions to Outdoor Burning, by deleting Subsection
Sec. 111.103(b)(8). The municipal solid waste provisions contained in
this Subsection have been superseded by the Federal Resource
Conservation and Recovery Act (RCRA).
C. Adopted by TNRCC August 21, 1996, and Submitted to EPA on August 30,
1996
The TNRCC revised Regulation I to clarify the requirements for
allowable outdoor burning and to clarify exceptions to prohibition of
outdoor burning. The rules were structured to more adequately relate to
current outdoor burning needs. This revision repealed Secs. 101.101 to
101.107 concerning Outdoor Burning and replaced them with new
Secs. 101.201 to 101.221 under new Subchapter B, Outdoor Burning. All
other sections in Regulation I became Subchapter A, Visible Emissions
and Particulate Matter. The TNRCC also replaced all references to TACB
in Regulation I with references to TNRCC.
II. Why Is the TACB Board Seal Rule Being Removed From the SIP?
Section 101.12, Board Seal, of the TNRCC General Rules was approved
as Rule 13 in the TACB General Rules approved by EPA May 31, 1972, with
the original Texas SIP. The purpose of the Board Seal rule was to
provide for a seal bearing the words ``Texas Air Control Board,'' and
the oak and olive branches common to other official State seals. The
TNRCC adopted the repeal of Sec. 101.12, on March 29, 1995, because the
TACB no longer exists and the rule no longer applies to TNRCC.
III. Background of Texas Regulation I in the Texas SIP?
We approved Texas Regulation I on May 31, 1972 (37 FR 10895), with
the original Texas SIP. It was adopted by TACB on January 26, 1972, and
consisted of: Rule 101, Outdoor Burning; Rule 102, Incineration; Rule
103, Visible Emissions; Rule 104, Particulate Matter From Materials
Handling, Construction, and Roads; Rule 105, Particulate Matter; Rule
106, Transient Operations; Rule 107, Agricultural Process; and untitled
Rule 108 for compliance dates.
We approved revisions to Regulation I on: March 25, 1980 (45 FR
19244); July 26, 1982 (47 FR 32126); February 25, 1983 (48 FR 08073);
January 18, 1994 (59 FR 02538); and May 8, 1996 (61 FR 20732).
The current SIP-approved Regulation I is available for public
inspection by selecting ``Texas'' and then ``TX Chap 111 (Reg 1)'' at
the following web site: http://www.epa.gov/earth1r6/6pd/air/sip/sip.htm
IV. Outline of Regulation I in the Texas SIP as a Result of This
Federal Register Action
Below is an outline of Regulation I as being approved by this
action. Sections with titles followed by an ``*'' have already been
approved by EPA, but are being placed in Subchapter A in this action as
requested by the August 30, 1996, submittal. The rest of the sections
in Regulation I are being revised and recodified in this action.
Regulation I (30 TAC Chapter 111)--Control of Air Pollution from
Visible Emissions and Particulate Matter
Subchapter A. Visible Emissions and Particulate Matter Visible
Emissions*
Section 111.111 Requirements for Specified Sources*
Section 111.113 Alternative Opacity Limitations*
Incineration
Section 111.121 Single-Chamber Incinerators
Materials Handling, Construction, Roads, Streets, Alleys, and Parking
Lots*
Section 111.141 Geographic Areas of Application and Date of
Compliance*
Section 111.143 Materials Handling*
Section 111.145 Construction and Demolition*
Section 111.147 Roads, Streets, and Alleys*
Section 111.149 Parking Lots*
Emission Limits on Nonagricultural Processes
Section 111.151 Allowable Emissions Limits
Section 111.153 Emission Limits for Steam Generators
Section 111.155 Ground Level Concentrations
Emission Limits on Agricultural Processes
Section 111.171 Emission Limits Based on Process Weight Method
Section 111.173 Emissions Limits Based on Alternate Method
Section 111.175 Exemptions
Exemptions for Portable or Transient Operations
Section 111.181 Exemption Policy
Section 111.183 Requirements for Exemptions
Subchapter B. Outdoor Burning
Section 111.201 General Prohibitions
Section 111.203 Definitions
Section 111.205 Exceptions for Fire Training
Section 111.207 Exceptions for Fires Used for Recreation, Ceremony,
Cooking, and Warmth
Section 111.209 Exception for Disposal Fires
Section 111.211 Exception for Prescribed Burn
Section 111.213 Exception for Hydrocarbon Burning
Section 111.215 Executive Director Approval of Otherwise Prohibited
Outdoor Burning
Section 111.219 General Requirements for Allowable Outdoor Burning
Section 111.221 Responsibility for Consequences of Outdoor Burning
V. How Are Sections of Regulation I Being Revised by This Action?
The revisions to Regulation I adopted by TNRCC August 21, 1996, and
submitted to EPA on August 30, 1996, placed all sections concerning
outdoor burning in new Subchapter B, Outdoor Burning. All other
sections in Regulation I were placed in Subchapter
[[Page 57985]]
A, Visible Emissions and Particulate Matter.
A. Subchapter A, Visible Emissions and Particulate Matter.
We are approving revisions to Regulation I adopted by TACB on June
16, 1989, concerning: Incineration, Emission Limits on Nonagricultural
Processes, Emission Limits on Agricultural Processes, Exemptions for
Portable or Transient Operations, and the repeal of Section 111.92 in
the SIP relating to Compliance Dates.
Below is a brief discussion of each section of Subchapter A.
1. Sections 111.111 and 111.113 Concerning Visible Emissions
We approved sections 111.111 and 111.113 on January 18, 1994 (59 FR
2534), at 52.2270(c)(79), and on May 8, 1996 (61 FR 20732), at
52.2270(c)(94). These revisions included amendments adopted by TACB on
June 16, 1989; October 12, 1990; October 25, 1991; September 18, 1992;
and June 18, 1993.
2. Section 111.121 Concerning Incineration
Section 111.121, Single-Chamber Incinerators, as adopted by TACB on
June 16, 1989, replaces Section 111.11, Incineration, and Section
111.12, Approval of Incinerators, approved by EPA on July 26, 1982 (47
FR 32126), at 52.2270(c)(44). Section 111.121 makes minor revision to
the limitations on the burning of garbage or rubbish in residential,
publicly-owned, commercial, or hospital/pathological waste
incinerators.
3. Sections 111.141 to 111.151 Concerning Materials Handling,
Construction, Roads, Streets, Alleys, and Parking Lots
Sections 111.141, 111.143, 111.145, 111.147, and 111.149, as
adopted by the TACB on June 16, 1989, and October 25, 1991, were
approved by EPA January 18, 1994 (59 FR 2534), at 52.2270(c)(79).
4. Sections 111.151 to 111.155 Concerning Emission Limits on
Nonagricultural Processes
Sections 111.151, 111.153, and 111.155, adopted by TACB on June 16,
1989, replace Rule 105, Particulate Matter, approved by EPA May 31,
1972, with the original Texas SIP.
Section 111.151 reformats and makes slight revisions to Rule 105.1.
An equation in Subsection 111.151(b) replaces Figure 1, a log-log graph
entitled Allowable Particulate Emission Rates for Specific Flow Rates.
An equation in Subsection 111.151(c) replaces Figure 2, a graph
entitled Standard Effective Stack Height Based on Specific Flow Rates.
Table 1, Allowable Particulate Emission Rates for Specific Flow Rates,
and Table 2, Standard Effective Stack Height Based on Specific Flow
Rates, are identical to Tables 1 and 2 approved with the original Texas
SIP except that Table 1 now clarifies that the rate of emissions is for
total suspended particulate (TSP).
Section 111.153, Emissions Limits for Steam Generators, replaces
Rule 105.3. Subsection 111.153(a) provides that Section 111.151 does
not apply to, or set limits to, any oil or gas fuel-fired steam
generator with a heat input greater than 2500 million British thermal
units (Btu) per hour or any solid fossil fuel-fired steam generator.
Subsection 111.153(b) sets limits to any solid fossil fuel-fired steam
generator at 0.3 pounds of TSP per million Btu heat input, averaged
over a two-hour period. Subsection 111.153(c) limits any oil or gas
fuel-fired steam generator with a heat input greater than 2500 million
Btu per hour to 0.1 pounds of TSP per million Btu input averaged over a
two-hour period.
Section 111.155, Ground Level Concentrations, which replaces Rule
105.2, sets limits for particulate matter resulting from any ground
level source.
5. Sections 111.171 to 111.175 Concerning Emission Limits on
Agricultural Processes
Sections 111.171, 111.173, and 111.175, adopted by TACB on June 16,
1989, replace Sections 111.71, 111.72, 111.73, 111.74, 111.75, and
111.76, concerning Particulate Matter from Agricultural Processes,
approved by EPA July 26, 1982 (47 FR 32126), at 52.2270(c)(44), and
February 25, 1983 (48 FR 8073), at 52.2270(c)(50).
Section 111.171, Emission Limits Based on Process Weight Method,
establishes that all sources affected by Section 3.10(e) the Texas
Clean Air Act (TCAA), shall have allowable particulate emissions levels
determined by the process weight method unless a request for an
alternate method is submitted and approved.
Section 111.173, Emission Limits Based on Alternate Method, allows
for a source affected by Section 3.10(e) of the TCAA to request an
approved alternate method.
Section 111.175, Exemptions, enumerates the sections of Regulation
I from which agricultural processes are exempt.
Table 3, Allowable Rate of Emission Based on Process Weight Rate,
cited in Section 111.171, is identical to Tables 3 approved with the
original Texas SIP. Figure 3, a log-log graph entitled Allowable
Emissions Levels Based on Process Weight Rate, has been deleted.
6. Sections 111.181 and 111.183 Concerning Exemptions for Portable or
Transient Operations
Sections 111.181 and 111.183, adopted by TACB on June 16, 1989,
replace Sections 111.81, 111.82, and 111.83 concerning Exemptions
approved by EPA February 25, 1983 (48 FR 8073), at 52.2270(c)(50).
Section 111.181, Exemption Policy, exempts most portable facilities
and transient operations, except those in the inhalable particulate
matter Group I and Group II areas in Dallas, El Paso, and Harris
counties, from the requirements of certain sections of Chapter 111.
Section 111.183, Requirements for Exemption, stipulates conditions
which have to be met in order to qualify for the exemption in section
111.181.
7. Repeal of Section 111.92, Compliance Dates
Section 111.92 was approved by EPA February 25, 1983 (48 FR 8073),
at 52.2270(c)(50). No replacement for Section 111.92 was included in
the new Regulation I adopted by TACB on June 16, 1989, because the
section was outdated and referred to sections of Regulation I that have
been revised or have their own compliance dates. The dates in Section
111.92 have passed.
B. Subchapter B, Outdoor Burning
Sections 111.101, 111.103, 111.105, and 111.107 concerning Outdoor
Burning in the current Texas SIP were adopted by the TACB on June 16,
1989, and October 25, 1991, and approved by EPA on January 18, 1994 (59
FR 2534) at 52.2270(c)(79).
On July 12, 1995, the Governor submitted a revision to Regulation I
adopted by TNRCC on March 29, 1995, which revised Section 111.103,
Exemptions to Prohibitions to Outdoor Burning, by deleting Subsection
111.103(b)(8). The municipal solid waste provisions contained in this
Subsection have been superseded by RCRA.
On August 30, 1996, the Governor submitted to EPA revisions to
Regulation I adopted by TNRCC on August 21, 1996, which repealed
Sections 111.101, 111.103, 111.105, and 111.107 concerning Outdoor
Burning and replaced them with new Subchapter B, Outdoor Burning,
consisting of Sections 111.201, 111.203; 111.205; 111.207; 111.209;
111.211; 111.213; 111.215; 111.219; and 111.221. This was done in order
to clarify requirements and, where appropriate, add flexibility to
existing requirements. Subsections of
[[Page 57986]]
old Section 111.103, Exceptions to Prohibition of Outdoor Burning, have
been placed in five separate sections in Subchapter B. Below is a brief
discussion of each of the sections being approved in this action.
1. Section 111.201, General Prohibitions
Section 111.201 replaces Section 111.101 of the same title. The
definition of the term ``Executive Director'' has been revised to
include TNRCC staff representatives. This section prohibits outdoor
burning unless authorized by statute, order, or permit.
2. Section 111.203, Definitions
Section 111.203 is a new section which adds definitions of the
following terms: Extinguished, Landclearing operation, Practical
alternative, Prescribed burn, Structure containing sensitive
receptor(s), Sunrise/Sunset, and Wildland. These definitions clarify
terms and concepts previously considered ambiguous or undefined.
3. Section 111.205, Exceptions for Fire Training
Section 111.205 replaces Subsection 111.103(b)(1). The revisions
simplify the notification procedures by eliminating some of the
repetitive and nonessential notification requirements for fire training
managers.
4. Section 111.207, Exceptions for Fires Used for Recreation, Ceremony,
Cooking, and Warmth
Section 111.207, replaces and makes minor editorial changes to
Subsection 111.103(b)(3). Section 111.207 permits fires used solely for
recreational or ceremonial purposes, for the noncommercial preparation
of food, or for the exclusive purpose of supplying warmth during cold
weather.
5. Section 111.209, Exception for Disposal Fires
Section 111.209 replaces Subsections 111.103(b)(2), (4), and (5).
Section 111.209 differentiates between fires used solely for the
disposal of wastes and other forms of outdoor burning and regulates
them in relation to practical alternatives. In regard to domestic waste
burning, the rule clarifies allowable burning both in terms of waste
collection criteria and types of wastes. The rule permits the burning
of diseased animal carcasses when burning is the most effective means
of controlling the spread of disease. This section now addresses off-
site impacts in burns for land clearing and right-of-way maintenance.
New additions specifically address the regulation of crop residue
burning and brush burning by counties and municipalities for
detrimental public health and safety considerations.
6. Section 111.211, Exception for Prescribed Burn
Section 111.211, replaces Subsection 111.103(b)(6) relating to
exceptions for prescribed burn. Section 111.211 recognizes the use of
fire as a positive forest, range, and wildland/wildlife management tool
under certain circumstances for which there is no practical
alternative. In the case of the burning of coastal salt-marsh, the
notification criteria and procedures have been simplified.
7. Section 111.213, Exception for Hydrocarbon Burning
Section 111.213 replaces Subsection 111.103(b)(7). Section 111.213
has been revised to include a sampling and monitoring requirement.
Section 111.213 permits hydrocarbon burning for pipeline breaks and
spills if the Executive Director determines that the burning is
necessary to protect public welfare.
8. Section 111.215, Executive Director Approval of Otherwise Prohibited
Outdoor Burning
Section 111.215, relating to Executive Director approval of
otherwise prohibited outdoor burning where there is no practical
alternative, replaces Subsection 103(a). Section 111.215 now recognizes
that authorization is contingent upon not causing a condition of
nuisance or traffic hazard.
9. Section 111.219, General Requirements for Allowable Outdoor Burning
Section 111.219, which replaces Section 111.105, clarifies points
which have previously been unclear or ill-defined. Section 111.219(1)
requires notification of the Texas Forest Service prior to a prescribed
or controlled burn. Section 111.219(2) is modified to recognize local
government burning ordinance authority stipulated in the TCAA. Section
111.219(3) has been changed to avoid potential off-site impacts to
sensitive receptor(s). Section 111.219(4) requires the person
initiating a burn to post a flag-person where smoke may blow across a
road. Section 111.219(5) adds flexibility to the previously inflexible
300 foot prohibition by setting wind direction and distance from
sensitive receptors as the regulatory criteria for determining the
extent of the burn. Section 111.219(6) establishes the allowable burn
hours to one hour after sunrise to one hour before sunset. This
provision allows more flexibility but is also intended to ensure
meteorological conditions are properly evaluated. Section 111.219(7) is
modified to provide more specificity to prohibited burn fuels.
10. Section 111.221, Responsibility for Consequences of Outdoor Burning
Section 111.221 replaces Section 111.107 of the same title. There
are no changes from the existing rule. This provision states that the
authority to burn does not excuse compliance with other applicable laws
and does not exempt the person responsible from any consequences,
damages, or injuries even though the burning is otherwise conducted in
compliance with this regulation.
VI. Final Action
We are approving revisions to Regulation I in the Texas SIP adopted
by TACB June 16, 1989, and submitted to EPA on August 21, 1989,
concerning: Incineration, Emission Limits on Nonagricultural Processes,
Emission Limits on Agricultural Processes, Exemptions for Portable or
Transient Operations, and the repeal of Section 111.92, Compliance
Dates. We are also approving revisions, adopted by TNRCC March 29,
1995, and August 21, 1996, and submitted to EPA on July 12, 1995, and
August 30, 1996, respectively. These revisions remove Section 101.12,
Board Seal, from the TNRCC General Rules. These revisions also revise
the Outdoor Burning sections in TNRCC Regulation I and places them in
new Subchapter B and places the rest of the sections in Regulation I in
new Subchapter A, Visible Emissions and Particulate Matter.
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on December 27, 1999 without
further notice unless we receive adverse comment by November 29, 1999.
If EPA receives adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
[[Page 57987]]
VII. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
On August 4, 1999, President Clinton issued a new E.O. on
federalism, E.O. 13132 (64 FR 43255, August 10, 1999), which will take
effect on November 2, 1999. In the interim, the current E.O. 12612 (52
FR 41685, October 30, 1987), on federalism still applies. This rule
will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in E.O. 12612. The rule affects only one
State, and does not alter the relationship or the distribution of power
and responsibilities established in Federal Clean Air Act (the Act).
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This final rule will not have a significant
impact on a substantial number of small entities because SIP approvals
under section 110 and subchapter I, part D of the Act do not create any
new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Act, preparation of a flexibility analysis would constitute Federal
inquiry into the economic reasonableness of state action. The Act
forbids EPA to base its actions concerning SIPs on such grounds. See
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated annual costs to State,
local, or tribal governments in the aggregate; or to private sector, of
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 57988]]
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule can
not take effect until 60 days after it is published in the Federal
Register. This action is not a ``major'' rule as defined by 5 U.S.C.
804(2). This rule will be effective December 27, 1999.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 1999. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Hydrocarbons, Particulate matter, Reporting and
recordkeeping requirements.
Dated: October 7, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
2. In Sec. 52.2270(c) the first table is amended by revising the
entry for Chapter 111 and by removing the entry for ``Section 101.12,
Board Seal'' to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject adoption EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Chapter 111 (Reg 1)--Control of Air Pollution from Visible Emissions and Particulate Matter
Subchapter A--Visible Emissions and Particulate Matter
Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 111.111(a), (b)....... Requirements for 06/18/93 05/08/96, 61 FR Ref. 52.2299(c)(94)
Specified 20732, 01/18/94,
Sources. 59 FR 2532.
52.2299(c)(79)
Section 111.113............... Alternative 06/16/89 05/08/96, 61 FR Ref. 52.2299(c)(94)
Opacity 20732.
Limitations.
----------------------------------------------------------------------------------------------------------------
Incineration
----------------------------------------------------------------------------------------------------------------
Section 111.121............... Single-Chamber 06/16/89 October 28, 1999.
Incineration.
----------------------------------------------------------------------------------------------------------------
Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
----------------------------------------------------------------------------------------------------------------
Section 111.141............... Geographic Areas 10/25/91 01/18/94, 59 FR Ref. 52.2299(c)(79)
of Application 02534.
and Date of
Compliance.
Section 111.143............... Materials 06/16/89 01/18/94, 59 FR Ref. 52.2299(c)(79)
Handling. 02534.
Section 111.145............... Construction and 10/25/91 01/18/94, 59 FR Ref. 52.2299(c)(79)
Demolition. 02534.
Section 111.147............... Roads, Streets, 10/25/91 01/18/94, 59 FR Ref. 52.2299(c)(79)
and Alleys. 02534.
Section 111.149............... Parking Lots..... 06/16/89 01/18/94, 59 FR Ref. 52.2299(c)(79)
02534.
----------------------------------------------------------------------------------------------------------------
Emission Limits on Nonagricultural Processes
----------------------------------------------------------------------------------------------------------------
Section 111.151............... Allowable 06/16/89 October 28, 1999.
Emissions Limits.
Section 111.153............... Emission Limits 06/16/89 October 28, 1999.
for Steam
Generators.
Section 111.155 Ground Level 06/16/89 October 28, 1999.
Concentrations.
----------------------------------------------------------------------------------------------------------------
Emission Limits on Agricultural Processes
----------------------------------------------------------------------------------------------------------------
Section 111.171............... Emission Limits 06/16/89 October 28, 1999.
Based on Process
Weight Method.
Section 111.173............... Emissions Limits 06/16/89 October 28, 1999.
Based on
Alternate Method.
Section 111.175............... Exemptions....... 06/16/89 October 28, 1999.
----------------------------------------------------------------------------------------------------------------
Exemptions for Portable or Transient Operations
----------------------------------------------------------------------------------------------------------------
Section 111.181............... Exemption Policy. 06/16/89 October 28, 1999.
[[Page 57989]]
Section 111.183............... Requirements for 06/16/89 October 28, 1999.
Exemptions.
----------------------------------------------------------------------------------------------------------------
Subchapter B--Outdoor Burning
----------------------------------------------------------------------------------------------------------------
Section 111.201............... General 08/21/96 October 28, 1999.
Prohibitions.
Section 111.203............... Definitions...... 08/21/96 October 28, 1999.
Section 111.205............... Exceptions for 08/21/96 October 28, 1999.
Fire Training.
Section 111.207............... Exceptions for 08/21/96 October 28, 1999.
Fires Used for
Recreation,
Ceremony,
Cooking, and
Warmth.
Section 111.209............... Exception for 08/21/96 October 28, 1999.
Disposal Fires.
Section 111.211............... Exception for 08/21/96 October 28, 1999.
Prescribed Burn.
Section 111.213............... Exception for 08/21/96 October 28, 1999.
Hydrocarbon
Burning.
Section 111.215............... Executive 08/21/96 October 28, 1999.
Director
Approval of
Otherwise
Prohibited
Outdoor Burning.
Section 111.219............... General 08/21/96 October 28, 1999.
Requirements for
Allowable
Outdoor Burning.
Section 111.221............... Responsibility 08/21/96 October 28, 1999.
for Consequences
of Outdoor
Burning.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
[FR Doc. 99-27136 Filed 10-27-99; 8:45 am]
BILLING CODE 6560-50-P
