19144 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0028; FRL–8897– 

3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Particulate Matter 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions for 

the state of Texas. These revisions revise 

and recodify regulations for control of 

particulate matter in the Texas SIP. This 

rulemaking action is being taken under 

section 110 of the Federal Clean Air Act 

(CAA). 

DATES: This rule is effective on May 28, 

2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2005–TX–0028. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Planning Section (6PD– 

L), Environmental Protection Agency, 

1445 Ross Avenue, Suite 700, Dallas, 

Texas 75202–2733. The file will be 

made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below or Mr. Bill 

Deese at 214–665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: Joe 

Kordzi, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7186; fax number 214–665– 

7263; e-mail address 

kordzi.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. What Is the Background? 

A. Recent History of the Changes to 30 

TAC Chapter 111 

B. Recap of Our Previous 1999 Action on 

30 TAC Chapter 111 

II. What Action Is EPA Taking? 

III. Statutory and Executive Order Reviews 

I. What Is the Background? 

A. Recent History of the Changes to 30 

TAC Chapter 111 

On October 28, 1999, we proposed to 

approve (1) a recodification of and 

revisions to the regulations for the 

control of particulate matter into the 

Texas SIP, and (2) the removal of the 

Texas Air Control Board, Board Seal 

rule from the Texas SIP and requested 

public comments on our action (64 FR 

58006). A simultaneous notice of direct 

final rulemaking was also published (64 

FR 57983). However, on November 29, 

1999, we received an adverse comment 

concerning our proposal to replace 30 

TAC 111.105.2, Ground Level 

Concentrations, with 30 TAC 111.155, 

Control of Air Pollution from Visible 

Emissions and Particulate Matter. We 

received no other comments on the 

direct final rulemaking. We therefore 

withdrew the particulate matter 

regulations’ part of the direct final 

rulemaking action on December 17, 

1999 (64 FR 70593) to consider how to 

address the comment. We finalized 

approval of the second portion of the 

NPR, i.e., the removal of the Board Seal 

rule from the Texas SIP, on March 30, 

2005 (70 FR 16129) since there were no 

comments on our proposed approval. 

Since our proposed approval, we have 

been in discussions with TCEQ 

regarding planned modifications to 

Chapter 111. On June 16, 2006, we 

received a request from the TCEQ to 

remove from consideration its previous 

request to replace 30 TAC 111.105.2 

with 30 TAC 111.155 and to revise the 

Texas SIP by removing 30 TAC 105.2. In 

part, because of this request, we are not 

finalizing our proposed approval of TAC 

111.155. We are finalizing our approval 

of the remaining sections of TAC 

Chapter 111 that we proposed approval 

of in 1999 as there were no comments 

on our proposed approval of these 

sections. 

B. Recap of Our Previous 1999 Action 

on 30 TAC Chapter 111 

The following is a recap of the 

particulate matter portion of the October 

28, 1999 proposed action. The State 

repealed all of its existing particulate 

matter regulations and replaced them in 

Chapter 111, Sections 111.101 to 

111.183, on June 16, 1989. The State 

revised the new sections in 1990, 1991 

and 1993. We approved into the Texas 

SIP in 1994 and 1996 many of the new 

sections of Chapter 111, but not all of 

them. On August 21, 1996, the State 

made further formatting and 

reorganization changes by adding two 

Subchapters to Chapter 111, putting the 

open burning regulations under the new 

Subchapter B and all other sections into 

the new Subchapter A. 

We proposed in October 1999 to 

approve the sections of the 1989 

recodification of Chapter 111 and the 

1990, 1991, and 1993 revisions that we 

had not previously approved. We also 

proposed to approve the 1996 

Subchapter additions and 

reorganization changes. We proposed to 

approve the new recodified Sections 

111.121, 111.151, 111.153 (with some 

substantive revisions), 111.155, 111.171 

(with the deletion of Figure 3), 111.173, 

111.175, 111.181, and 111.183. We also 

proposed to approve the 1996 moving 

and recodification of Sections 111.101, 

111.103, 111.105, and 111.107 into a 

new Subchapter B as Sections 111.201, 

111.203 (adding new definitions for 

clarity), 111.205, 111.207, 111.209 

(clarifying the types of waste and 

allowing burning of diseased animal 

carcasses when burning is the most 

effective means to control the spread of 

disease), 111.211, 111.213 (adding new 

sampling and monitoring requirements), 

111.215 (clarifying the burning cannot 

cause a nuisance condition or traffic 

hazard), 111.219, and 111.221. 

Furthermore, we proposed to approve 

the 1996 moving and recodification of 

all of the remaining sections in Chapter 

111 into the new Subchapter A. 

Please refer to the 1999 Federal 

Registers for additional information 

concerning the nature of the proposed 

action to approve revisions and 

recodification to the particulate matter 

regulations. 

II. What Action Is EPA Taking? 

We are approving revisions to 

Regulation I in the Texas SIP adopted by 

the TACB on June 16, 1989, and 

submitted to EPA on August 21, 1989, 

concerning Incineration, Emission 

Limits on Nonagricultural Processes 

(with the exception of Section 111.155), 

Emission Limits on Agricultural 


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Processes, Exemptions for Portable or 

Transient Operations, and the repeal of 

Section 111.92, Compliance Dates. 

We are also approving revisions, 

adopted by the Texas Natural Resources 

Commission (now TCEQ) March 29, 

1995, and August 21, 1996, and 

submitted to EPA on July 12, 1995, and 

August 30, 1996, respectively. These 

revisions revise and move the Outdoor 

Burning sections of Regulation I into 

new Subchapter B, Outdoor Burning, 

and move the rest of the sections in 

Regulation I into new Subchapter A, 

Visible Emissions and Particulate 

Matter. This will bring the Texas 

particulate matter SIP more up to date 

in both format and substance and make 

the SIP more consistent with the State’s 

rules which would enhance Federal 

enforcement. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

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. EPA will submit a 

report containing this action 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 

cannot 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 29, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 14, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR Part 52 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. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entries under Chapter 111 to read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/submittal date EPA approval date Explanation 

* * * * * * * 

Chapter 111 (Reg 1)—Control of Air Pollution from Visible Emissions and Particulate Matter 

Subchapter A: Visible Emissions and Particulate Matter 

Division 1: Visible Emissions 

Section 111.111(a), (b) .. Requirements for Specified Sources .................. 6/18/1993 5/8/1996, 61 FR 20732.

Section 111.111(c) ......... Requirements for Specified Sources .................. 10/25/1991 1/18/1994, 59 FR 2532.

Section 111.113 ............. Alternative Opacity Limitations ........................... 6/16/1989 5/8/1996, 61 FR 20732.


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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/submittal date EPA approval date Explanation 

Division 2: Incineration 

Section 111.121 ............. Single-Chamber Incineration .............................. 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots 

Section 111.141 ............. Geographic Areas of Application and Date of 

Compliance.

10/25/1991 1/18/1994, 59 FR 

02532.

Section 111.143 ............. Materials Handling .............................................. 6/16/1989 1/18/1994, 59 FR 

02532.

Section 111.145 ............. Construction and Demolition .............................. 10/25/1991 1/18/1994, 59 FR 

02532.

Section 111.147 ............. Roads, Streets, and Alleys ................................. 10/25/1991 1/18/1994, 59 FR 

02532.

Section 111.149 ............. Parking Lots ........................................................ 6/16/1989 1/18/1994, 59 FR 

02532.

Division 5: Emission Limits on Nonagricultural Processes 

Section 111.151 ............. Allowable Emissions Limits ................................ 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.153 ............. Emission Limits for Steam Generators .............. 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Rule 105.2 ..................... Ground Level Concentrations ............................. 1/26/1972 5/31/1972, 27 FR 

10842.

Division 6: Emission Limits on Agricultural Processes 

Section 111.171 ............. Emission Limits Based on Process Weight 

Method.

6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.173 ............. Emissions Limits Based on Alternate Method ... 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.175 ............. Exemptions ......................................................... 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Division 7: Exemptions for Portable or Transient Operations 

Section 111.181 ............. Exemption Policy ................................................ 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.183 ............. Requirements for Exemptions ............................ 6/16/1989 4/28/2009 [Insert FR 

page number where 

document begins].

Subchapter B: Outdoor Burning 

Section 111.201 ............. General Prohibitions ........................................... 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.203 ............. Definitions ........................................................... 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.205 ............. Exceptions for Fire Training ............................... 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.207 ............. Exceptions for Fires Used for Recreation, Ceremony, Cooking, and Warmth.8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.209 ............. Exception for Disposal Fires .............................. 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.211 ............. Exception for Prescribed Burn ........................... 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].


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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/submittal date EPA approval date Explanation 

Section 111.213 ............. Exception for Hydrocarbon Burning ................... 8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.215 ............. Executive Director Approval of Otherwise Prohibited Outdoor Burning.8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.219 ............. General Requirements for Allowable Outdoor 

Burning.

8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

Section 111.221 ............. Responsibility for Consequences of Outdoor 

Burning.

8/21/1996 4/28/2009 [Insert FR 

page number where 

document begins].

* * * * * * * 

[FR Doc. E9–9539 Filed 4–27–09; 8:45 am] 

BILLING CODE P 


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