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 the Texas SIP Revision Submittals 

IV. Recommendations 

I. Introduction

In this technical support document (TSD), the 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. The submittals address revisions to the SIP 

regarding the control of air pollution 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 and 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 enforced. The SIP must be submitted to EPA for 

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

for approval. 

B. What are the National Ambient Air Quality Standards? 

Section 109 of the CAA requires EPA to establish NAAQS for pollutants that “may 

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

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

with an adequate margin of safety and the secondary standard is designed to protect public 

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

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

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

meet to comply with the CAA. Additionally, these standards provide information to residents of 

the United States about the quality of the air in their communities. 
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III. Technical Evaluation of the Texas SIP Revision Submittals 

SIP August 1989 June 2006 EPA’s Comments Rule 105.2 Adopted by TACB January 26, 1972, effective March 5, 1972 (1-01) Approved by EPA May 31, 1972 (37 FR 10895) at 52.2270(b) May 31, 1972 (TXc01)  No person may cause, suffer, allow, or permit emissions of particulate matter from a source or sources operated on a property or from multiple sources operated on contiguous properties to exceed any of the following net ground level concentrations.  Rule 105.21. One hundred (100) micrograms per cubic meter (ug/m3) of air sampled, averaged over any five (5) consecutive hours.  Rule 105.22. Two hundred (200) micrograms per cubic meter (ug/m3) of air sampled, averaged over any three (3) consecutive hours.  Rule 105.23. Four hundred (400) micrograms per cubic meter (ug/m3) of air sampled, averaged over any one (1) hour period. 

Rule 105.2 was repealed and replaced with the newly renumbered 111.155. No substantive changes were made to the original 105.2. 

TCEQ asked that EPA no longer take action on 111.155 which is approved into the SIP as Rule 105.2. TCEQ repealed 111.155 in its entirety. It asks us to remove 105.2 from the federally approved SIP. 

In 1971, EPA promulgatesecondary NAAQS for pa(PM), measured as “total particulate matter” or “TSfollowing the initial revieEPA announced its decisithe indicator for PM for awith particles with an aer

less than or equal to a nommicrometers (PM10). See NAAQS for PM have beetimes since 1987, the moswas on December 14, 201the primary annual PM2.5 μg/m3 and we retained th

standard of 35 μg/ m3 (78 

than revising their SIP eaare revised, the Texas SIP 101.21 provides enforcemthroughout Texas (see 42 06/01/77). Thus, removin(renumbered as 30 TAC Sfrom the SIP would not reweakening of the SIP. Threvisions are approvable. 
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SIP July 2006 §111.203. Definitions. As adopted by TNRCC August 21, 1996, effective September 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 Resource Conservation Commission (commission), the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, the following terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.  Extinguished - The absence of any visible flames, glowing coals, or smoke.  Landclearing operation - The uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access or production. It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include burning following clearing for ecological restoration. 

(1) Extinguished... 

(2) Landclearing... (3) Neighborhood--A platted subdivision or property contiguous to and within 300 feet of a platted subdivision. (4) Practical alternative... 
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 Practical alternative - An economically, technologically, ecologically and logistically viable option.  Prescribed burn - The controlled application of fire to naturally-occurring vegetative fuels under specified environmental conditions and confined to a predetermined area, following appropriate planning and precautionary measures.  Structure containing sensitive receptor(s) - A manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term “man-made structure” does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds. The term “sensitive live vegetation” is defined as vegetation which has potential to be damaged by smoke and heat, examples of which include, but are not limited to: nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.  Sunrise/Sunset - Official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.  Wildland - Uncultivated land other than fallow, land minimally influenced by human activity, and land maintained for biodiversity, wildlife forage production, protective plant cover, or wildlife habitat. 

(5) Prescribed burn... 

(6) Refuse--Garbage, rubbish, paper, and other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses. (7) Structure containing.... (8) Sunrise/Sunset.... (9) Wildland.... 
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SIP Nov. 2004 July 2006 §111.209. Exception for Disposal Fires. As adopted by TNRCC August 21, 1996, effective September 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) Domestic waste burning at a property designed for and used exclusively as a private residence, housing not more than three families, when collection of domestic waste is not provided or authorized by the local governmental entity having jurisdiction, and when the waste is generated only from that property. Provision of waste collection refers to collection at the premises where the waste is generated. The term “domestic waste” is defined in §101.1 of this title, (relating to Definitions). Wastes normally resulting from the function of life within a residence that can be burned include such things as kitchen garbage, untreated lumber, 

Outdoor burning is authorized for the following: 

(1) Domestic... 

Except as provided in Local Government Code, §352.082, outdoor burning is authorized for the following: 

1 See TOC Section 801.361 at http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm#801.361.
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SIP Nov. 2004 July 2006 cardboard boxes, packaging (including plastics and rubber), clothing, grass, leaves, and branch trimmings. Examples of wastes not considered domestic waste which can not be burned, include such things as tires, non-wood construction debris, furniture, carpet, electrical wire and appliances.  (2) Diseased animal carcass burning when burning is the most effective means of controlling the spread of disease.  (3) On-site burning of trees, brush, and other plant growth for right-of-way maintenance, landclearing operations, and maintenance along water canals when no practical alternative to burning exists and when the materials are generated only from that property. Structures containing sensitive receptors must not be negatively affected by the burn. Such burning 

(2) Diseased ... (3) Veterinarians in 

accordance with Texas Occupations Code, §801.361, Disposal of Animal Remains; (4 3) On-site burning of trees,... 

(4) on-site burning of trees, brush, grass, leaves, branch trimmings, or other plant growth, by the owner of the property or any other person authorized by the owner, and when the material is generated only from that property:  (A) in a county that is part of a designated nonattainment area or 

2 This section of the Local Government Code can be viewed at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.352.htm#352.082
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SIP Nov. 2004 July 2006 shall be subject to the requirements of §111.219 of this title (relating to General Requirements for Allowable Outdoor Burning). When possible, notification of intent to burn should be made to the appropriate commission regional office prior to the proposed burn. For a single project entailing multiple days of burning, an initial notice delineating the scope of the burn is sufficient if the scope does not constitute circumvention of the rule for a continual burning situation. Commission notification or approval is not required. 

that contains any part of a 

municipality that extends into a designated nonattainment area; if the plant growth was generated as a result of right-of-way maintenance, landclearing operations, and maintenance along water canals when no practical alternative to burning exists. Such burning is subject to the requirements of §111.219 of this title (relating to General Requirements for Allowable Outdoor Burning). Commission notification or approval is not required; or (4) On-site burning of trees, brush, and other plant growth for right-ofway maintenance, landclearing operations, and maintenance along water canals when no practical alternative to burning exists and when the materials are generated only from that property. Structures containing sensitive receptors must not be negatively affected by the burn. Such burning shall be subject to the requirements of §111.219 of this title (relating to General Requirements for Allowable Outdoor Burning). When possible, notification of intent to burn should 
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SIP Nov. 2004 July 2006 

be made to the appropriate 

commission regional office prior to the proposed burn. For a single project entailing multiple days of burning, an initial notice delineating the scope of the burn is sufficient if the scope does not constitute circumvention of the rule for a continual burning situation. Commission notification or approval is not required. (B) in a county that is not part of a designated nonattainment area and that does not contain any part of a municipality that extends into a designated nonattainment area; this provision includes, but is not limited to, the burning of plant growth generated as a result of right-of-way maintenance, landclearing operations, and maintenance along water canals. Such burning is subject to local ordinances that prohibit burning inside the corporate limits of a city or town and that are consistent with the Texas Clean Air Act, Chapter 382, Subchapter E, Authority of Local Governments, and the requirements of §111.219(3), (4), (6), and (7) of this 
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SIP Nov. 2004 July 2006 

title. Commission notification or 

approval is not required.  (5) at a site designated for consolidated burning of waste generated from specific residential properties. A designated site must be located outside of a municipality and within a county with a population of less than 50,000. The owner of the designated site or the owner's authorized agent shall:  (A) post at all entrances to the site a placard measuring a minimum of 48 inches in width and 24 inches in height and containing, at a minimum, the words "DESIGNATED BURN SITE - No burning of any material is allowed except for trees, brush, grass, leaves, branch trimmings, or other plant growth generated from specific residential properties for which this site is designated. All burning must be supervised by a fire department employee. For more information call {PHONE NUMBER OF OWNER OR AUTHORIZED AGENT}." The placard(s) must be clearly visible and legible at all times; 
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SIP Nov. 2004 July 2006 

 (B) designate specific residential 

properties for consolidated burning at the designated site;  (C) maintain a record of the designated residential properties. The record must contain the description of a platted subdivision and/or a list of each property address. The description must be made available to commission or local air pollution control agency staff within 48 hours, if requested;  (D) ensure that all waste burned at the designated site consists of trees, brush, grass, leaves, branch trimmings, or other plant growth;  (E) ensure that all such waste was generated at specific residential properties for which the site is designated; and  (F) ensure that all burning at the designated site is directly supervised by an employee of a fire department who is part of the fire protection personnel, as defined by Texas Government Code, §419.021, and is acting in the scope of the person's employment. The fire department employee shall notify the appropriate commission regional office with a telephone or electronic facsimile notice 24 hours in advance 
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SIP Nov. 2004 July 2006 (4) Crop residue burning for agricultural management purposes when no practical alternative exists. Such burning shall be subject to the requirements of §111.219 of this title, and structures containing sensitive receptors must not be negatively affected by the burn. When possible, notification of intent to burn should be made to the appropriate commission regional office prior to the proposed burn. Commission notification or approval is not required. This section is not applicable to crop residue burning covered by an administrative order.  (5) Brush, trees, and other plant growth causing a detrimental public health and safety condition may be burned by a county or municipal government at a site it owns upon receiving site and burn approval from the executive director. Such a burn can 

(5 4) Crop residue... 

(6 5) Brush, trees, and other... 

of any scheduled supervised burn. The commission shall provide the employee with information on practical alternatives to burning. Commission approval is not required; (6 5) crop residue... (7 6) brush, trees, and other... 
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SIP Nov. 2004 July 2006 only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burns can not be conducted at municipal solid waste landfills unless authorized under §111.215 of this title (relating to Executive Director Approval of Otherwise Prohibited Outdoor Burning), and shall be subject to the requirements of §111.219 of this title. SIP March 2014 Com§111.211. Exception for Prescribed Burn. As adopted by TNRCC August 21, 1996, effective September 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 and wildland/wildlife management purposes, with the exception of coastal salt-marsh management burning. Such burning shall be subject to the requirements of §111.219 of this title (relating to General Requirements for Allowable Outdoor Burning), and structures containing sensitive receptors must not be negatively affected by the burn. When possible, notification of intent to burn should be made to the appropriate commission 

(1) Prescribed burning for forest, range and wildland/ wildlife management, and wildfire 

hazard mitigation purposes, with the exception of coastal salt-marsh management burning. Such burning shall be subject to the requirements of § 111.219 of this title (relating to General Requirements for Allowable Outdoor Burning), and structures containing sensitive receptors must not be negatively affected by the burn. When possible, notification of intent to burn should be made to the appropriate commission regional 

The authmitiEPA propaddthe of NTCE“wihazthe incrprovour “W-submthe 
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SIP March 2014 Comregional office prior to the proposed burn. Commission notification or approval is not required.  (2) Coastal salt-marsh management burning con-ducted in Aransas, Brazoria, Calhoun, Chambers, Galveston, Harris, Jackson, Jefferson, Kleberg, Matagorda, Nueces, Orange, Refugio, and San Patricio Counties. Coastal salt-marsh burning in these counties shall be subject to the following requirements:  (A) All land on which burning is to be conducted shall be registered with the appropriate commission regional office using a United States Geological Survey map or equivalent upon which are identified significant points such as roads, canals, lakes, and streams, and the method by which access is made to the site. For large acreage, the map should be divided into manageable blocks with identification for each defined block. The information must be received for review at least 15 working days before the burning takes place.  (B) Prior to any burning, notification, either verbal or written, must be made to, and authorization must be received from the appropriate commission regional office. Notification must identify the specific area and/or block to be burned, approximate start and end time, and a responsible party who can be contacted during the burn period. 

office prior to the proposed burn. Commission notification or approval is not required. (2) (No change from here on) 

addhazalrebasirulethe pollan uTCEhazmitidefidefisincburnhazat 4 confuelmenwith plansectactirequprotand from NAnot wouthe 
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SIP March 2014 Com (C) Such burning shall be subject to the requirements of §111.219 of this title. 

progrequfind 
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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, submittals, 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 concentrations 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 the current SIP has rules at 30 TAC Section 101.21 

provides for the enforcement of the NAAQS throughout Texas. 

The November 15, 2004, revisions authorize 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 add procedure and specificity to regulated burning 

and therefore improve the SIP. 

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

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

properties outside of a municipality and in counties with a population 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 eliminate adverse impacts on the NAAQS. 

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

burns, as an exception to the state’s prohibition 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 language, “Such burning shall be subject to the requirements of [30 

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

adverse impacts on the NAAQS. 

Our evaluation of these five Texas SIP revisions shows that the current SIP provides for 

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

not expect the revisions to interfere with attainment of the NAAQS, reasonable further progress, 

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