Approval and Promulgation of Implementation Plans; Texas; Repeal of Board Seal Rule and Revisions to Particulate Matter Regulations

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.

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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.

* * * * * *

*

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[FR Doc. 99-27136 Filed 10-27-99; 8:45 am]

BILLING CODE 6560-50-P