# Docket EPA-R06-OAR-2014-0222

TECHNICAL SUPPORT DOCUMENT

Evaluating revisions to the Texas State Implementation Plan (SIP)

Table of Contents:

l. Introduction

II. Background

A. What is a SIP?

B. What are the National Ambient Air Quality Standards?

III. Technical Evaluation of th e Texas SIP Revision Submittals

IV. Recommendations

I. Introduction

In this technical support document (TSD), th e Environmental Protection Agency (EPA) is

evaluating five state implementation plan (SIP) submittals provided by the Texas Commission on

Environmental Quality (TCEQ). The submittals are dated August 21, 1989; November 15, 2004;

June 9, 2006; July 18, 2006; and March 3, 2014. Th e submittals address revisions to the SIP

regarding the control of air po llution from visible emissions and particulate matter (PM),

including outdoor burning. Throughout this TSD, “we,” “our,” and “us” means the EPA.

Our evaluation of the submittals begins in Section III below. We use a table to describe

and evaluate each revision. We’re including underline (depicts new text) and strikeout (depicts

deleted text) annotations of the submitted rules to show how each section of the rule is revised.

Our comments include an explanation for how each revision meets the requirements for SIP

approval.

II. Background

A. What is a SIP

The state’s air regulations are contained in its SIP, which is basically a clean air plan. The

SIP is required by section 110 a nd other provisions of the Clean Air Act (CAA). Each state is

responsible for developing SIPs to demonstrate how the National Ambient Air Quality Standards

(NAAQS) will be achieved, maintained, and enfo rced. The SIP must be submitted to EPA for

approval and any changes a state makes to the ap proved SIP also must be submitted to the EPA

for approval.

B. What are the National Ambient Air Quality Standards?

Section 109 of the CAA requires EPA to es tablish NAAQS for po llutants that “may

reasonably be anticipated to endanger public heal th and welfare,” and to develop a primary and

secondary standard for each NAAQS. The primary st andard is designed to protect human health

with an adequate margin of safety and the sec ondary standard is design ed to protect public

welfare. EPA has set NAAQS for six common air pollu tants, referred to as criteria pollutants:

carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. These

standards present state and local governments w ith the minimum air quality levels they must

meet to comply with the CAA. Additionally, thes e standards provide inform ation to residents of

the United States about the quality of the air in their communities.2III. Technical Evaluation of the Texas SIP Revision SubmittalsSIP August 1989 June 2006 EPA’s CommentsRule 105.2Adopted by TACB January 26, 1972,effective March 5, 1972 (1-01)Approved by EPA May 31, 1972 (37FR 10895) at 52.2270(b) May 31, 1972(TXc01)No person may cause, suffer, allow,or permit emissions of particulatematter from a source or sourcesoperated on a property or from multiplesources operated on contiguousproperties to exceed any of thefollowing net ground levelconcentrations.Rule 105.21. One hundred (100)micrograms per cubic meter (ug/m3) ofair sampled, averaged over any five (5)consecutive hours.Rule 105.22. Two hundred (200)micrograms per cubic meter (ug/m3) ofair sampled, averaged over any three(3) consecutive hours.Rule 105.23. Four hundred (400)micrograms per cubic meter (ug/m3) ofair sampled, averaged over any one (1)hour period.Rule 105.2 wasrepealed andreplaced with thenewlyrenumbered111.155. Nosubstantivechanges weremade to theoriginal 105.2.TCEQ asked thatEPA no longer takeaction on 111.155which is approvedinto the SIP as Rule105.2. TCEQrepealed 111.155 inits entirety. It asks usto remove 105.2from the federallyapproved SIP.In 1971, EPA promulgated primary andsecondary NAAQS for particulate matter(PM), measured as “total suspendedparticulate matter” or “TSP.” On July 1, 1987,following the initial review of the standard,EPA announced its decision to replace TSP asthe indicator for PM for ambient standardswith particles with anaerodynamic diameterless than or equal to a nominal 10micrometers (PM10). See 52 FR 24634. TheNAAQS for PM have been revised threetimes since 1987, the most recent of whichwas on December 14, 2012, when we revisedthe primary annual PM2.5standard to 12.0μg/m3and we retained the 24-hour PM2.5standard of 35 μg/ m3(78 FR 3086). Ratherthan revising their SIP each time the NAAQSare revised, the Texas SIP at 30 TAC Section101.21 provides enforcement of the NAAQSthroughout Texas (see 42 FR 27894,06/01/77). Thus, removing Rule 105.2(renumbered as 30 TAC Section 111.155)from the SIP would not result in anyweakening of the SIP. Therefore, theserevisions are approvable.3SIP July 2006 Comments§111.203. Definitions.As adopted by TNRCC August 21, 1996, effectiveSeptember 16, 1996 (1-17)Approved by EPA April 26, 2009 (74 FR 19144)effective May 28, 2009 (TXd103)Unless specifically defined in the Texas Clean Air Act(TCAA) or in the rules of the Texas Natural ResourceConservation Commission (commission), the terms usedby the commission have the meanings commonlyascribed to them in the fieldof air pollution control. Inaddition to the terms which are defined by the TCAA, thefollowing terms, when used in this chapter, shall have thefollowing meanings, unless thecontext clearly indicatesotherwise.Extinguished - The absence of any visible flames,glowing coals, or smoke.Landclearing operation - The uprooting, cutting, orclearing of vegetation in connection with conversion forthe construction of buildings,rights-of-way, residential,commercial, or industrial development, or the clearing ofvegetation to enhance property value, access orproduction. It does not include the maintenance burningof on-site property wastes such as fallen limbs, branches,or leaves, or other wastesfrom routine property clean-upactivities, nor does it include burning following clearingfor ecological restoration.(1) Extinguished...(2) Landclearing...(3) Neighborhood--A platted subdivision orproperty contiguous to andwithin 300 feet of aplatted subdivision.(4) Practical alternative...This revision to the numberingof the definitions is nonsubstantive and thus approvableas a ministerial change.This revision also addsdefinitions for “Neighborhood”and “Refuse.” These definitionsallow TCEQ to address andprohibit the burning ofhousehold refuse on propertiesin neighborhoods or on lotssmaller than five acres. As such,the new definitions improve theSIP and are approvable.4Practical alternative - An economically,technologically, ecologicallyand logistically viableoption.Prescribed burn - The controlled application of fire tonaturally-occurring vegetative fuels under specifiedenvironmental conditions and confined to apredetermined area, following appropriate planning andprecautionary measures.Structure containingsensitive receptor(s) - A manmade structure utilized for human residence or business,the containment of livestock, or the housing of sensitivelive vegetation. The term “man-made structure” does notinclude such things as rangefences, roads, bridges,hunting blinds or facilities used solely for the storage ofhay or other livestock feeds.The term “sensitive livevegetation” is defined as vegetation which has potentialto be damaged by smoke and heat, examples of whichinclude, but are not limited to: nursery production,mushroom cultivation, pharmaceutical plant production,or laboratory experiments involving plants.Sunrise/Sunset - Officialsunrise/sunset as set forth inthe United States Naval Observatory tables availablefrom National Weather Service offices.Wildland - Uncultivated land other than fallow, landminimally influenced by human activity, and landmaintained for biodiversity, wildlife forage production,protective plant cover, or wildlife habitat.(5) Prescribed burn...(6) Refuse--Garbage, rubbish, paper, and otherdecayable and nondecayable waste, includingvegetable matter and animal and fish carcasses.(7) Structure containing....(8) Sunrise/Sunset....(9) Wildland....5SIP Nov. 2004 July 2006 EPA Comments§111.209. Exception for DisposalFires.As adopted by TNRCC August 21,1996, effective September 16, 1996 (1-17)Approved by EPA April 26, 2009 (74FR 19144) effective May 28, 2009(TXd103)Outdoor burning shall be authorizedfor:(1) Domestic waste burning at aproperty designed for and usedexclusively as a private residence,housing not more than three families,when collection of domestic waste isnot provided or authorized by the localgovernmental entity havingjurisdiction, and when the waste isgenerated only from that property.Provision of waste collection refers tocollection at the premises where thewaste is generated. The term“domestic waste” is defined in §101.1of this title, (relating to Definitions).Wastes normally resulting from thefunction of life withina residence thatcan be burned include such things askitchen garbage, untreated lumber,Outdoor burning isauthorized for the following:(1) Domestic...Except as provided in LocalGovernment Code, §352.082,outdoor burning is authorized forthe following:The 2004 revision includesnon-substantive formatchanges which are ministerialin nature and are thusapprovable.The 2004 revision also addsthe provisions forveterinarians (“vets”) to burnanimal waste in accordancewith the approved practice inTexas Occupation Code(TOC) §801.361, Disposal ofAnimal Remains. Thischange was necessary for theTCEQ rules to be consistentwith State law. The rules atTOC §801.361 describe whatcan be burned and limit thecircumstances of the vetclient-patient case.1Theaddition of the rules at TOC§801.361 provide procedureand specificity to regulatedburning and thereforeimprove the SIP.We commented at the time ofthe State’s public commentperiod that we had no1See TOC Section 801.361 at http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm#801.361.6SIP Nov. 2004 July 2006 EPA Commentscardboard boxes, packaging (includingplastics and rubber), clothing, grass,leaves, and branch trimmings.Examples of wastes not considereddomestic waste which can not beburned, include such things as tires,non-wood construction debris,furniture, carpet, electrical wire andappliances.(2) Diseased animal carcass burningwhen burning is the most effectivemeans of controlling the spread ofdisease.(3) On-site burning of trees, brush,and other plant growth for right-of-waymaintenance, landclearing operations,and maintenance along water canalswhen no practical alternative toburning exists and when the materialsare generated only from that property.Structures containing sensitivereceptors must not be negativelyaffected by the burn. Such burning(2) Diseased ...(3) Veterinarians inaccordance with TexasOccupations Code,§801.361, Disposal ofAnimal Remains;(4 3) On-site burning oftrees,...(4) on-site burning of trees, brush,grass, leaves, branch trimmings, orother plant growth, by the owner ofthe property or any other personauthorized by the owner, and whenthe material is generated only fromthat property:(A) in a county that is part of adesignated nonattainment area orobjections to this change andwe have no objections now.This practical change doesnot relax PM standards nordo we believe it will interferewith attainment of theNAAQS, Reasonable FurtherProgress or any otherapplicable requirement of theCAA. Therefore, this revisionis approvable.The July 2006, submittedrevision adds the provisionsof Local Government Code(LGC), section 352.082,which identifies activitiesconsidered as offensesconcerning outdoor burningof household refuse in certainresidential areas and appliesto unincorporated areas of acounty.2The LGC here limitswhere such burning can takeplace and as such, protects airquality and improves the SIP.The July revisions alsodifferentiate when privateproperty open burning isallowed in nonattainment vs.2This section of the Local Government Code can be viewed athttp://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.352.htm#352.082.7SIP Nov. 2004 July 2006 EPA Commentsshall be subject to the requirements of§111.219 of this title (relating toGeneral Requirements for AllowableOutdoor Burning). When possible,notification of intent to burn should bemade to the appropriate commissionregional office prior to the proposedburn. For a single project entailingmultiple days of burning, an initialnotice delineating the scope of the burnis sufficient if the scope does notconstitute circumvention of the rule fora continual burning situation.Commission notification or approval isnot required.that contains any part of amunicipality thatextends into adesignated nonattainment area; ifthe plant growth was generated as aresult of right-of-way maintenance,landclearing operations, andmaintenance along water canalswhen no practical alternative toburning exists. Such burning issubject to the requirements of§111.219 of this title (relating toGeneral Requirements forAllowable Outdoor Burning).Commission notification orapproval is not required; or(4) On-site burning of trees, brush,and other plant growth for right-ofway maintenance, landclearingoperations, and maintenance alongwater canals when no practicalalternative to burning exists andwhen the materials are generatedonly from that property. Structurescontaining sensitive receptors mustnot be negatively affected by theburn. Such burning shall be subjectto the requirements of §111.219 ofthis title (relating to GeneralRequirements for AllowableOutdoor Burning). When possible,notification of intent to burn shouldattainment areas. Burning inthese areas must also complywith the requirements at 30TAC 111.219, which wouldprotect public health andproperty, and eliminateadverse impacts on theNAAQS.This proposed revision alsoadds specified regulations forconsolidated burning of plantgrowth at designated sites aswell as requiring notificationand signage. Subsequentprovisions are renumbered.In our comments to theproposal, we expressedconcerns that this could be arelaxation of the rules incertain areas and wouldtherefore require a 110(l)demonstration. In response toour comment, TCEQchanged their proposedlanguage in 111.209(4) tosubject these actions to localordinances that are consistentwith TCAA, Chapter 382,Subchapter E, Authority ofLocal Governments. Thisensures that local authorities8SIP Nov. 2004 July 2006 EPA Commentsbe made to the appropriatecommission regional office prior tothe proposed burn. For a singleproject entailing multiple days ofburning, an initial notice delineatingthe scope of the burn is sufficient ifthe scope does not constitutecircumvention of the rule for acontinual burning situation.Commission notification orapproval is not required.(B) in a county that is not part of adesignated nonattainment area andthat does not contain any part of amunicipality thatextends into adesignated nonattainment area; thisprovision includes, but is not limitedto, the burning of plant growthgenerated as a result of right-of-waymaintenance, landclearingoperations, and maintenance alongwater canals. Such burning issubject to local ordinances thatprohibit burning inside the corporatelimits of a city or town and that areconsistent with the Texas Clean AirAct, Chapter 382, Subchapter E,Authority of Local Governments,and the requirements of§111.219(3), (4), (6), and (7) of thisretain appropriate authority toenact ordinances controllingoutdoor burning and/orenforce upon them. TheTCEQ also responded thatthey did not expect anyincreases in outdoor burningin the specified area, thespecified controls andprocedures in place mitigateuncontrolled burning, andwill limit the potentialnumber of burns as they mustbe at designated sites.Because these revisionsinclude requirements thatprotect public health andproperty, and reduce oreliminate an impact fromopen burning on the NAAQS,they improve the SIP. Forthese reasons, we do notbelieve such revisions wouldinterfere with attainment ofthe NAAQS, reasonablefurther progress, or any otherapplicable requirement of theCAA, and we find theserevisions approvable.9SIP Nov. 2004 July 2006 EPA Commentstitle. Commission notification orapproval is not required.(5) at a site designated forconsolidated burning of wastegenerated from specific residentialproperties. A designated site mustbe located outsideof a municipalityand within a county with apopulation of less than 50,000. Theowner of the designated site or theowner's authorized agent shall:(A) post at all entrances to the sitea placard measuring a minimum of48 inches in width and 24 inches inheight and containing, at aminimum, the words"DESIGNATED BURN SITE - Noburning of any material is allowedexcept for trees, brush, grass, leaves,branch trimmings, or other plantgrowth generated from specificresidential properties for which thissite is designated. All burning mustbe supervised by a fire departmentemployee. For more informationcall {PHONE NUMBER OFOWNER OR AUTHORIZEDAGENT}." The placard(s) must beclearly visible and legible at alltimes;10SIP Nov. 2004 July 2006 EPA Comments(B) designate specific residentialproperties for consolidated burningat the designated site;(C) maintain a record of thedesignated residential properties.The record must contain thedescription of a platted subdivisionand/or a list of each propertyaddress. The description must bemade available to commission orlocal air pollution control agencystaff within 48 hours, if requested;(D) ensure that all waste burnedat the designated site consists oftrees, brush, grass, leaves, branchtrimmings, or other plant growth;(E) ensure that all such wastewas generated at specific residentialproperties for which the site isdesignated; and(F) ensure that all burning at thedesignated site is directly supervisedby an employee of a fire departmentwho is part of the fire protectionpersonnel, as defined by TexasGovernment Code, §419.021, and isacting in the scope of the person'semployment. The fire departmentemployee shall notify theappropriate commission regionaloffice with a telephone or electronicfacsimile notice 24 hours in advance11SIP Nov. 2004 July 2006 EPA Comments(4) Crop residue burning foragricultural management purposeswhen no practical alternative exists.Such burning shall be subject to therequirements of §111.219 of this title,and structures containing sensitivereceptors must not be negativelyaffected by the burn. When possible,notification of intent to burn should bemade to the appropriate commissionregional office prior to the proposedburn. Commission notification orapproval is not required. This sectionis not applicable to crop residueburning covered by an administrativeorder.(5) Brush, trees, and other plantgrowth causing a detrimental publichealth and safety condition may beburned by a county or municipalgovernment at a site it owns uponreceiving site and burn approval fromthe executive director. Such a burn can(5 4) Crop residue...(6 5) Brush, trees, andother...of any scheduled supervised burn.The commission shall provide theemployee with information onpractical alternatives to burning.Commission approval is notrequired;(6 5) crop residue...(7 6) brush, trees, and other...12SIP Nov. 2004 July 2006 EPA Commentsonly be authorized when there is nopractical alternative, and it may bedone no more frequently than onceevery two months. Such burns can notbe conducted at municipal solid wastelandfills unless authorized under§111.215 of this title (relating toExecutive Director Approval ofOtherwise Prohibited OutdoorBurning), and shall be subject to therequirements of §111.219 of this title.SIP March 2014 Comments§111.211. Exception for Prescribed Burn.As adopted by TNRCC August 21, 1996, effectiveSeptember 16, 1996 (1-17)Approved by EPA April 26, 2009 (74 FR 19144)effective May 28, 2009 (TXd103)Outdoor burning shall be authorized for:(1) Prescribed burning for forest, range andwildland/wildlife management purposes, with theexception of coastal salt-marsh managementburning. Such burning shall be subject to therequirements of §111.219 of this title (relating toGeneral Requirements for Allowable OutdoorBurning), and structurescontaining sensitivereceptors must not be negatively affected by theburn. When possible, notification of intent to burnshould be made to the appropriate commission(1) Prescribed burning for forest, range andwildland/ wildlife management, and wildfirehazard mitigation purposes, with the exception ofcoastal salt-marsh management burning. Suchburning shall be subject to the requirements of §111.219 of this title (relating to GeneralRequirements for Allowable Outdoor Burning),and structures containingsensitive receptors mustnot be negatively affected by the burn. Whenpossible, notification ofintent to burn should bemade to the appropriate commission regionalThe proposed revision addsauthorization for wildfire hazardmitigation purposes.EPA provided comments to theproposal and requested that TCEQaddress certain points regardingthe interference and maintenanceof NAAQS. We also asked thatTCEQ include a definition of“wildfire hazard” and “wildfirehazard mitigation” to ensure thatthe revision does not allow anincrease in burning withoutproviding the expected benefit (seeour comments on pages labeled“W-4” within the state’s SIPsubmittal). TCEQ responded thatthe revision is not allowing an13SIP March 2014 Commentsregional office prior to the proposed burn.Commission notification orapproval is not required.(2) Coastal salt-marsh management burningcon-ducted in Aransas, Brazoria, Calhoun,Chambers, Galveston, Harris, Jackson, Jefferson,Kleberg, Matagorda, Nueces, Orange, Refugio, andSan Patricio Counties. Coastal salt-marsh burningin these counties shall be subject to the followingrequirements:(A) All land on which burning is to beconducted shall be registered with the appropriatecommission regional office using a United StatesGeological Survey map or equivalent upon whichare identified significant points such as roads,canals, lakes, and streams, and the method by whichaccess is made to the site.For large acreage, themap should be divided into manageable blocks withidentification for each defined block. Theinformation must be received for review at least 15working days before the burning takes place.(B) Prior toany burning, notification, eitherverbal or written, must be made to, andauthorization must be received from the appropriatecommission regional office. Notification mustidentify the specific areaand/or block to be burned,approximate start and end time, and a responsibleparty who can be contactedduring the burn period.office prior to the proposed burn. Commissionnotification or approval is not required.(2) (No change from here on)additional activity (i.e., wildfirehazard mitigation), since this wasalready allowed on a case by casebasis. The purpose of therulemaking is to better facilitatethe process and thereby reducepollutants that could be emitted inan uncontrolled wildfire. TheTCEQ also asserted that wildfirehazard and wildfire hazardmitigation were sufficientlydefined in 4 TAC §225.1(10). Thedefinition at 4TAC 225.1(10) hassince been revised, but prescribedburning, under which the wildfirehazard mitigation falls, is definedat 4 TAC 225.1(16) as, “Thecontrolled application of fire tofuels under specified environmental conditions in accordancewith a written prescribed burnplan.” In addition, the revisedsection retains language that suchactions are subject to therequirements of 111.219, whichprotect public health and property,and reduce or eliminate an impactfrom open burning on theNAAQS. For these reasons, we donot expect that such revisionswould interfere withattainment ofthe NAAQS, reasonable further14SIP March 2014 Comments(C) Such burning shall be subject to therequirements of §111.219 of this title.progress, or any other applicablerequirement of the CAA, and wefind these revisions approvable.

# 15 

# IV. Recommendations

We recommend approval of the five of the submitted revisions, dated August 21, 1989;

November 15, 2004; June 9, 2006; July 18, 2006; and March 3, 2014.

Under the August 21, 1989, and June 9, 2006, subm ittals, the TCEQ adopted the repeal of

30 TAC § 105.2 and then adopted newly renumbered 30 TAC § 111.155 (Ground Level

Concentrations), that limit ground level concentrati ons of particulate matter emissions in Texas.

Subsequently, the TCEQ adopted the repeal of § 111.155 in 30 TAC Chapter 111, and asked

EPA not to include § 111.155 into their SIP, and to continue with the removal of 105.2 from the

SIP. These revisions are approvable because th e current SIP has rules at 30 TAC Section 101.21

provides for the enforcement of the NAAQS throughout Texas.

The November 15, 2004, revisions authori ze the use of outdoor burning of animal

remains for veterinarians (“vets”) in accordance with Texas Occupations Code (TOC), Section

801.361. The rules at TOC §801.361 describe what can be burned and limit the circumstances of

the vet-client-patient case. These revisions a dd procedure and specific ity to regulated burning

and therefore improve the SIP.

The July 18, 2006, revisions more precisely identi fy the types of plant growth that can be

burned and allow outdoor burning on designated sites generated from specific residential

properties outside of a municipa lity and in counties with a p opulation of less than 50,000. The

revisions also differentiate between nonattainment and attainment areas. Burning in these areas

must also comply with the requirements at 30 TAC 111.219, which would protect public health

and property, and minimize or elim inate adverse impacts on the NAAQS.

The March 3, 2014, revisions add the term “wildfi re hazard mitigation” to the prescribed

burns, as an exception to the state’s prohibiti on on outdoor burning. The State requires that

prescribed burns have a written prescribed burn plan (4 TAC 225.1(16)). In addition, this portion

of the revised SIP retains the la nguage, “Such burning shall be subj ect to the requirements of [30

TAC] 111.219” which would protect public heal th and property, and minimize or eliminate

adverse impacts on the NAAQS.

Our evaluation of these five Texas SIP revisi ons shows that the cu rrent SIP provides for

enforcement of the NAAQS and protects public health and property. Fo r these reasons, we do

not expect the revisions to inte rfere with attainment of the NAAQ S, reasonable further progress,

or any other applicable requirement of the CAA, and we find these revisions approvable.