Air Plan Approval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter, 68413-68415 [2022-24747]

Download as PDF Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules Dated: November 4, 2022. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2022–24613 Filed 11–14–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2021–0802; FRL–9401–01– R6] Air Plan Approval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) submitted by the State of Texas to EPA on October 22, 2021, that pertains to particulate matter standards and outdoor burning regulations. The revision allows volunteer firefighters to fulfill supervision requirements for the burning of trees, grass, leaves, branch trimmings, or other plant growth generated from specific residential properties at designated sites for consolidated burning of waste located outside of a municipality and within a county with a population of less than 50,000. SUMMARY: Written comments must be received on or before December 15, 2022. DATES: Submit your comments, identified by Docket No. EPA–R06– OAR–2021–0802, at https:// www.regulations.gov or via email to pitre.randy@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or lotter on DSK11XQN23PROD with PROPOSALS1 ADDRESSES: VerDate Sep<11>2014 17:10 Nov 14, 2022 Jkt 259001 other file sharing system). For additional submission methods, please contact Randy Pitre, (214) 665–7299, pitre.randy@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov. While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Randy Pitre, EPA Region 6 Office, Infrastructure and Ozone Section, (214) 665–7299, pitre.randy@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office may be closed to the public to reduce the risk of transmitting COVID– 19. We encourage the public to submit comments via https:// www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means the EPA. I. Background Section 110 of the CAA requires states to develop air pollution regulations and control strategies to ensure that air quality meets the EPA’s National Ambient Air Quality Standards (NAAQS). These NAAQS are established under CAA section 109, and they currently address six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter (PM), and sulfur dioxide. Each state is responsible for developing SIPs to demonstrate how the 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 must also be submitted to the EPA for approval. The EPA approved SIP for Texas includes Title 30 of the Texas Administrative Code (30 TAC), Chapter 111 (Control of Air Pollution from Visible Emissions and Particulate Matter), Subchapter B (Outdoor Burning). EPA approved Texas regulation 30 TAC 111.209(5) allows, under certain conditions, outdoor burning of waste at a site that is (1) designated for consolidated burning of PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 68413 waste generated from specific residential properties and (2) located outside of a municipality and within a county with a population of less than 50,000. Among the conditions is that (1) burning at the designated site is supervised by an employee of a fire department who is part of the fire protection personnel and (2) the fire department employee must notify the Texas Commission on Environmental Quality (TCEQ) 24 hours in advance of any scheduled supervised burn (30 TAC 111.209(5)(F)). Only trees, grass, leaves, branch trimmings, or other plant growth may be burned under this provision. In response to Texas House Bill 2386 (85th Texas Legislature, 2017), TCEQ amended 30 TAC 111.209(5), to include volunteer firefighters, acting within the scope of their duties, to fulfill the supervision requirements for the burning of waste at these sites. EPA received the amendment as a SIP revision on October 22, 2021. II. The EPA’s Evaluation CAA section 110(l) provides that EPA shall not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. The outdoor burning allowed under 30 TAC 111.209(5) applies at designated sites for consolidated burning of waste generated from specific residential properties which are located outside of a municipality and within a county with a population of less than 50,000. El Paso County is the only Texas county designated as nonattainment for PM. However, the outdoor burning allowed under 30 TAC 111.209(5) would not be allowed in El Paso County, because the county’s population is greater than 50,000.1 Allowing volunteer firefighters, in addition to fire department employees, to supervise the burning and meet the supervision requirements at these sites is not expected to result in a change in emissions or ambient concentrations of a criteria pollutant or its precursors. Thus, the revision would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. III. Proposed Action We are proposing to approve revisions to the Texas SIP that pertain to particulate matter standards and 1 See https://www.census.gov/quickfacts/fact/ table/elpasocountytexas,US/PST045221 for the 2020 and 2021 population estimates for El Paso County. E:\FR\FM\15NOP1.SGM 15NOP1 68414 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules outdoor burning regulations. The revision allows volunteer firefighters to fulfill supervision requirements for the burning of specific types of waste at designated sites for consolidated burning of wastes generated from specific residential properties located outside of a municipality and within a county with a population of less than 50,000. Specifically, we are proposing to approve a revision of 30 TAC 111.209(5) submitted on October 22, 2021. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Texas regulations as described in Section III Proposed Action of this document. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the EPA Region 6 office. lotter on DSK11XQN23PROD with PROPOSALS1 V. Environmental Justice Considerations Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ 2 The EPA is providing additional analysis of environmental justice associated with this action for the purpose of providing information to the public. The EPA reviewed demographic data, which provides an assessment of individual demographic groups of the 2 See https://www.epa.gov/environmentaljustice/ learn-about-environmental-justice. VerDate Sep<11>2014 20:15 Nov 14, 2022 Jkt 259001 populations living within Texas.3 The EPA then compared the data to the national average for each of the demographic groups. The results of the demographic analysis indicate that, for populations within Texas, the percent people of color (persons who reported their race as a category other than White alone (not Hispanic or Latino)) is significantly higher than the national average (62.4 percent versus 43.1 percent). Within people of color, the percent of the population that is Hispanic or Latino is higher than the national averages (40.2 percent versus 18.9 percent). The percentage of people living in poverty in Texas is higher than the national average (13.4 percent versus 11.6 percent). The percentage of people aged 25 and over with a high school diploma in Texas is slightly below the national average (84.4 percent versus 88.5 percent) and for the same age group, the percentage with a bachelor’s degree or higher education is slightly lower than the national average (30.7 percent versus 32.9 percent). Particulate matter contains microscopic solids or liquid droplets that are so small that when inhaled can cause serious health problems. Short and/or long-term exposure to elevated concentrations of PM emissions may contribute to the development of asthma and may potentially increase susceptibility to respiratory infections. People with asthma, as well as children and the elderly are generally at greater risk for the health effects of PM. As discussed in Section II of this action, the EPA proposes to approve the request to allow volunteer firefighters, in addition to fire department employees to supervise the burning and to meet the supervision requirement at the burn site. The PM emissions are not expected to result in impacts to the PM NAAQS because the emissions are temporary and the requirements limit the burn site area location to areas that do not show problems attaining or maintaining air quality with regard to PM emissions. Therefore, we believe that these existing open burning regulations and resulting emissions will not lead to disproportionately high or adverse human health or environmental health effects on communities with environmental justice concerns. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the 3 See the United States Census Bureau’s QuickFacts on Texas at https://www.census.gov/ quickfacts/fact/table/TX,US/PST045221. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 CAA; 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). E:\FR\FM\15NOP1.SGM 15NOP1 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Authority: 42 U.S.C. 7401 et seq. Dated: November 8, 2022. Earthea Nance, Regional Administrator, Region 6. [FR Doc. 2022–24747 Filed 11–14–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2022–0866; FRL–10415– 01–R1] Air Plan Approval; New Hampshire; Approval of Single Source Order Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision establishes reasonably available control technology (RACT) requirements for Fujifilm Dimatix Incorporated located in Lebanon, NH. The intended effect of this action is to propose approval of the state’s order for this facility. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before December 15, 2022. SUMMARY: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2022–0866 at https:// www.regulations.gov, or via email to kosin.michele@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or lotter on DSK11XQN23PROD with PROPOSALS1 ADDRESSES: VerDate Sep<11>2014 17:10 Nov 14, 2022 Jkt 259001 other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that, if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID–19. FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05–02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109–3912; (617) 918–1175; kosin.michele@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose II. Description and Review of Submittals III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On August 26, 2021, the New Hampshire Air Resources Division (ARD) submitted a revision to its State Implementation Plan. The revision consists of an order establishing reasonably available control technology (RACT) requirements for Fujifilm Dimatix, Inc. II. Description and Review of Submittals On August 26, 2021, the New Hampshire ARD submitted to EPA as a SIP revision request order RO–0006 establishing RACT requirements to limit emissions of volatile organic compounds (VOCs) for Fujifilm Dimatix, Inc. located in Lebanon, New Hampshire. Fujifilm Dimatix, Inc. requested a source specific RACT order for VOCs for an adhesive process as well as the use of emission reduction credits (ERCs) to offset the gap between future actual emissions and allowable PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 68415 emissions. Fujifilm Dimatix, Inc. uses adhesives that bond metal to metal substrates to produce piezoelectric ink jet print heads and printing systems. The request included a technical justification and an evaluation of capture and control device technologies that were evaluated. Fujifilm Dimatix, Inc. evaluated the feasibility of using an alternative adhesive and add-on controls but could not find a suitable alternative coating or cost-effective, technically feasible control technology. New Hampshire reviewed and concurred with the facility’s request, and on July 8, 2021, issued Order No. RO–0006 to the Fujifilm Dimatix, Inc. Order No. RO–0006 includes a 12.2 tons per year cap for VOC emissions, a VOC content limit for adhesives used by the facility, requirements for how the adhesives shall be applied, work practice standards, and recordkeeping and reporting requirements. Fujifilm Dimatix, Inc. will continue to investigate alternative spray equipment technology and employ good operating practices in order to minimize air emissions. We are proposing approval of the order into the New Hampshire SIP because it is consistent with CAA requirements for VOC RACT and with New Hampshire’s Env-A 1200, VOCs RACT regulation. III. Proposed Action EPA is proposing to approve the New Hampshire SIP revision requests as described above. The SIP revisions meet section 110(l) of the CAA because the revisions will not interfere with any applicable requirement concerning attainment and reasonable further process, or any other applicable requirement of the CAA. EPA is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference RACT Order RO–0006, dated July 8, 2021, which establishes RACT requirements for Fujifilm Dimatix, Inc. The EPA has made, and will continue to make, these documents generally E:\FR\FM\15NOP1.SGM 15NOP1

Agencies

[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68413-68415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24747]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0802; FRL-9401-01-R6]


Air Plan Approval; Texas; Control of Air Pollution From Visible 
Emissions and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Texas State Implementation Plan (SIP) submitted by the 
State of Texas to EPA on October 22, 2021, that pertains to particulate 
matter standards and outdoor burning regulations. The revision allows 
volunteer firefighters to fulfill supervision requirements for the 
burning of trees, grass, leaves, branch trimmings, or other plant 
growth generated from specific residential properties at designated 
sites for consolidated burning of waste located outside of a 
municipality and within a county with a population of less than 50,000.

DATES: Written comments must be received on or before December 15, 
2022.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2021-0802, at https://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Randy Pitre, (214) 665-
7299, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Randy Pitre, EPA Region 6 Office, 
Infrastructure and Ozone Section, (214) 665-7299, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office may be closed to the public to reduce the risk 
of transmitting COVID-19. We encourage the public to submit comments 
via https://www.regulations.gov, as there will be a delay in processing 
mail and no courier or hand deliveries will be accepted. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means the EPA.

I. Background

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards (NAAQS). These NAAQS are 
established under CAA section 109, and they currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter (PM), and sulfur dioxide. Each state is responsible 
for developing SIPs to demonstrate how the 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 must also be 
submitted to the EPA for approval.
    The EPA approved SIP for Texas includes Title 30 of the Texas 
Administrative Code (30 TAC), Chapter 111 (Control of Air Pollution 
from Visible Emissions and Particulate Matter), Subchapter B (Outdoor 
Burning). EPA approved Texas regulation 30 TAC 111.209(5) allows, under 
certain conditions, outdoor burning of waste at a site that is (1) 
designated for consolidated burning of waste generated from specific 
residential properties and (2) located outside of a municipality and 
within a county with a population of less than 50,000. Among the 
conditions is that (1) burning at the designated site is supervised by 
an employee of a fire department who is part of the fire protection 
personnel and (2) the fire department employee must notify the Texas 
Commission on Environmental Quality (TCEQ) 24 hours in advance of any 
scheduled supervised burn (30 TAC 111.209(5)(F)). Only trees, grass, 
leaves, branch trimmings, or other plant growth may be burned under 
this provision.
    In response to Texas House Bill 2386 (85th Texas Legislature, 
2017), TCEQ amended 30 TAC 111.209(5), to include volunteer 
firefighters, acting within the scope of their duties, to fulfill the 
supervision requirements for the burning of waste at these sites. EPA 
received the amendment as a SIP revision on October 22, 2021.

II. The EPA's Evaluation

    CAA section 110(l) provides that EPA shall not approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. The outdoor burning 
allowed under 30 TAC 111.209(5) applies at designated sites for 
consolidated burning of waste generated from specific residential 
properties which are located outside of a municipality and within a 
county with a population of less than 50,000.
    El Paso County is the only Texas county designated as nonattainment 
for PM. However, the outdoor burning allowed under 30 TAC 111.209(5) 
would not be allowed in El Paso County, because the county's population 
is greater than 50,000.\1\ Allowing volunteer firefighters, in addition 
to fire department employees, to supervise the burning and meet the 
supervision requirements at these sites is not expected to result in a 
change in emissions or ambient concentrations of a criteria pollutant 
or its precursors. Thus, the revision would not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.
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    \1\ See https://www.census.gov/quickfacts/fact/table/elpasocountytexas,US/PST045221 for the 2020 and 2021 population 
estimates for El Paso County.
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III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that pertain 
to particulate matter standards and

[[Page 68414]]

outdoor burning regulations. The revision allows volunteer firefighters 
to fulfill supervision requirements for the burning of specific types 
of waste at designated sites for consolidated burning of wastes 
generated from specific residential properties located outside of a 
municipality and within a county with a population of less than 50,000. 
Specifically, we are proposing to approve a revision of 30 TAC 
111.209(5) submitted on October 22, 2021.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Texas regulations as described in Section 
III Proposed Action of this document. EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \2\ The EPA is 
providing additional analysis of environmental justice associated with 
this action for the purpose of providing information to the public.
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    \2\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within 
Texas.\3\ The EPA then compared the data to the national average for 
each of the demographic groups. The results of the demographic analysis 
indicate that, for populations within Texas, the percent people of 
color (persons who reported their race as a category other than White 
alone (not Hispanic or Latino)) is significantly higher than the 
national average (62.4 percent versus 43.1 percent). Within people of 
color, the percent of the population that is Hispanic or Latino is 
higher than the national averages (40.2 percent versus 18.9 percent). 
The percentage of people living in poverty in Texas is higher than the 
national average (13.4 percent versus 11.6 percent). The percentage of 
people aged 25 and over with a high school diploma in Texas is slightly 
below the national average (84.4 percent versus 88.5 percent) and for 
the same age group, the percentage with a bachelor's degree or higher 
education is slightly lower than the national average (30.7 percent 
versus 32.9 percent).
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    \3\ See the United States Census Bureau's QuickFacts on Texas at 
https://www.census.gov/quickfacts/fact/table/TX,US/PST045221.
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    Particulate matter contains microscopic solids or liquid droplets 
that are so small that when inhaled can cause serious health problems. 
Short and/or long-term exposure to elevated concentrations of PM 
emissions may contribute to the development of asthma and may 
potentially increase susceptibility to respiratory infections. People 
with asthma, as well as children and the elderly are generally at 
greater risk for the health effects of PM. As discussed in Section II 
of this action, the EPA proposes to approve the request to allow 
volunteer firefighters, in addition to fire department employees to 
supervise the burning and to meet the supervision requirement at the 
burn site. The PM emissions are not expected to result in impacts to 
the PM NAAQS because the emissions are temporary and the requirements 
limit the burn site area location to areas that do not show problems 
attaining or maintaining air quality with regard to PM emissions. 
Therefore, we believe that these existing open burning regulations and 
resulting emissions will not lead to disproportionately high or adverse 
human health or environmental health effects on communities with 
environmental justice concerns.

VI. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 CAA; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

[[Page 68415]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 8, 2022.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2022-24747 Filed 11-14-22; 8:45 am]
BILLING CODE 6560-50-P
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