Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013 Page: 5,224
5135-5370 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
ate for land-clearing operations, which are addressed separately
under 111.209.
A prescribed burn is defined in 111.203(5) as the controlled
application of fire to naturally occurring vegetative fuels under
specified environmental conditions and confined to a predeter-
mined area, following appropriate planning and precautionary
measures. The state's prohibition on outdoor burning is found
in Chapter 111, Subchapter B.
Demonstrating Noninterference under Federal Clean Air Act,
Section 110(1)
The proposed revision to add wildfire hazard mitigation to Chap-
ter 111 will not negatively impact the state's attainment of the par-
ticulate matter National Ambient Air Quality Standard (NAAQS),
will not interfere with control measures for NAAQS compliance,
and will not prevent reasonable further progress toward attain-
ment of the particulate matter NAAQS.
The outdoor burning rules in Chapter 111, Subchapter B, are in-
cluded in the SIP as part of the state's strategy for control of
particulate matter emissions. The revision would not interfere
with applicable requirements for attainment and for reasonable
further progress toward attainment, or with other applicable re-
quirements of the Federal Clean Air Act. While prescribed burn-
ing does result in some air emissions, controlled burning for wild-
fire hazard mitigation purposes helps reduce the incidence, in-
tensity, and spread of wildfires. By reducing the likelihood of the
significantly greater air emissions associated with wildfires, the
rule revision is expected to help improve air quality. Additionally,
as discussed elsewhere in this preamble, the executive director
currently authorizes prescribed burning for wildfire hazard miti-
gation on a case-by-case basis as provided by 111.215. The
commission's purpose in amending the rule is to streamline the
existing process for authorization of prescribed burning for wild-
fire hazard mitigation provided by 111.215, consistent with the
executive director's current enforcement of the outdoor burning
rules in Chapter 111, Subchapter B.
Section Discussion
The proposed amendment to 111.211 would change existing
paragraph (1) to add "wildfire hazard mitigation" to the list of au-
thorized prescribed burn purposes.
Fiscal Note: Costs to State and Local Government
Nina Chamness, Analyst, Strategic Planning and Assessment,
has determined that, for the first five-year period the proposed
rule is in effect, no fiscal implications are anticipated for the
agency or other units of state or local government as a result of
administration or enforcement of the proposed rule.
The proposed rule is in response to a petition from the TPBB. The
proposed rule would add prescribed burning for wildfire hazard
mitigation as an exception to the state's prohibition on outdoor
burning at 111.211. A prescribed burn is defined in 111.203(5)
as the controlled application of fire to naturally occurring veg-
etative fuels. Currently, a prescribed burn is allowed without
written authorization from the TCEQ only for forest, range and
wildland/wildlife management purposes, and coastal salt-marsh
management burning.
This proposed revision would not change or increase the
equipment, training, or other resources needed to conduct a
prescribed burn, and the agency, other state agencies, and
units of local government are not expected to experience a
fiscal impact as a result of the proposed rule.Public Benefits and Costs
Nina Chamness also determined that for each year of the first
five years the proposed rule is in effect, the public benefit an-
ticipated from the changes seen in the proposed rule will be a
reduction in the incidence spread, and intensity of wildfires by
reducing the naturally occurring available fuel load.
The proposed rule would not have an immediate significant
fiscal impact on individuals or business. The proposed rule
would not change or increase the equipment, training, or other
resources needed to conduct a prescribed burn, but the pro-
posed rule would reduce the naturally occurring available fuel
load and mitigate the effects of a wildfire thereby reducing the
possible loss from a wildfire.
Small Business and Micro-Business Assessment
No adverse fiscal implications are anticipated for small or micro-
businesses.
Small Business Regulatory Flexibility Analysis
The commission has reviewed this proposed rulemaking and de-
termined that a small business regulatory flexibility analysis is not
required because the proposed rule does not adversely affect a
small or micro-business in a material way for the first five years
that the proposed rule is in effect.
Local Employment Impact Statement
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rule does not adversely affect a
local economy in a material way for the first five years that the
proposed rule is in effect.
Draft Regulatory Impact Analysis Determination
The commission reviewed the rule revision in light of the reg-
ulatory analysis requirements of Texas Government Code,
2001.0225, Regulatory Analysis of Major Environmental Rules,
and determined that the amendment does not meet the defi-
nition of a major environmental rule as defined in the statute.
According to Texas Government Code, 2001.0225, a major
environmental rule means "a rule the specific intent of which
is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and
safety of the state or a sector of the state." The purpose of this
revision is to increase protection of the environment through
wildfire hazard mitigation and reduce risk to human health; it is
not expected that this revision will adversely affect in a material
way the economy, a sector of the economy, productivity, jobs,
the environment, or the public health and safety of the state or
a sector of the state. Therefore, no regulatory impact analysis
is required.
Furthermore, even if the revision to the rule constituted a major
environmental rule, a regulatory impact analysis would not be re-
quired because the revision does not meet any of the four appli-
cability criteria for requiring a regulatory impact analysis for a ma-
jor environmental rule. Texas Government Code, 2001.0225
applies only to a major environmental rule that: 1) exceeds a
standard set by federal law, unless the rule is specifically re-
quired by state law; 2) exceeds an express requirement of state
law, unless the rule is specifically required by federal law; 3)
exceeds a requirement of a delegation agreement or contract
between the state and an agency or representative of the fed-38 TexReg 5224 August 16, 2013 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013, periodical, August 16, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342087/m1/90/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.