[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Proposed Rules]
[Pages 31197-31199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14477]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-133-1-7493; FRL-6995-1]


Proposed Approval and Promulgation of Implementation Plans; 
Texas; Lawn Service Equipment Operating Restrictions; and Requirements 
for Motor Vehicle Idling for the Houston/Galveston (HG) Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve revisions to the Texas State 
Implementation Plan. This proposal covers two separate actions. We are 
proposing approval of: A rule that would implement an operating-use 
restriction program requiring that the handheld and non-handheld spark-
ignition engines, rated at 25 hp and below, be restricted from use by 
commercial operators between the hours of 6:00 a.m. and noon, April 1 
through October 31, in the counties Brazoria, Fort Bend, Galveston, 
Harris, and Montgomery; and, a rule to implement idling limits for 
gasoline and diesel-powered engines in heavy-duty motor vehicles in the 
HG area counties of Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery, and Waller. These new rules will contribute to 
attainment of the National Ambient Air Quality Standard (NAAQS) for 
ozone standard in the HG area. The EPA is proposing approval of these 
revisions to the Texas SIP to regulate emissions of nitrogen oxides 
(NO<INF>X</INF>) and volatile organic compounds (VOC) in accordance 
with the requirements of the Federal Clean Air Act (the Act).

DATES: Written comments must be received on or before July 11, 2001.

ADDRESSES: Written comments 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: Steven Pratt, P.E., Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-2140.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refers to EPA.
    This document concerns Control of Air Pollution of NO<INF>X</INF> 
and VOCs for on-road and non-road equipment and vehicle sources in the 
HG area and the control measures for attainment demonstration purposes. 
For further information, please see the Technical Support Document 
(TSD) prepared for this action.

What Action Are We Taking Today?

    On December 20, 2000, the Governor of Texas submitted to EPA these 
two rule revisions (an operating-use restriction program for handheld 
and non-handheld spark-ignition engines, rated at 25 hp and below, used 
by commercial operators; and, idling limits for gasoline and diesel-
powered engines in heavy-duty motor vehicles) to the 30 TAC, Chapter 
114, ``Control of Air Pollution From Motor Vehicles,'' as a revision to 
the SIP.
    These new rules will contribute to attainment of the ozone standard 
in the HG area. The EPA is proposing to

[[Page 31198]]

approve these revisions to the Texas SIP to regulate emissions of 
NO<INF>X</INF> and VOCs in accordance with the requirements of the 
Federal Clean Air Act (the Act). For more information on the SIP 
revision, please refer to our TSD and the State's December 20, 2000 SIP 
revision.

What Are the Requirements of the December 20, 2000, Texas SIP 
Revision for the Operation of Lawn Service Equipment?

    The purpose of this rule is to implement an operating-use 
restriction program requiring that the handheld and non-handheld spark-
ignition engines, rated at 25 hp and below, be restricted from use by 
commercial operators between the hours of 6 a.m. and noon, April 1 
through October 31. Spark-ignition lawn and garden service handheld 
equipment includes, but is not limited to, trimmers, edgers, chain 
saws, leaf blowers/vacuums, and shredders. Spark-ignition lawn and 
garden service non-handheld lawn and garden equipment covered by the 
rules includes such devices as walk-behind lawnmowers, lawn tractors, 
tillers, and small generators. The engines are both two cycle and four 
cycle engines, generally unable to use automotive technology, such as 
closed-loop engine control and three-way catalysts, to reduce 
emissions.
    As a result of this restriction, production of ozone precursors 
will be stalled until later in the day when optimum ozone formation 
conditions no longer exist, ultimately reducing the peak level of ozone 
produced. It is estimated that this measure will achieve a minimum of 
0.23 tons per day (tpd) delay of NO<INF>X</INF> until after noon. There 
will also be a 12.4 tpd delay in VOC emissions until after noon. 
Because the emission of NO<INF>X</INF> and VOC, both precursors to the 
formation of ozone, will be delayed until after noon, this delay will 
lead to a reduction in ozone that is equivalent to that which would 
result from approximately 4.6 tpd of NO<INF>X</INF> reduction.
    The Texas regulation allows operators to submit an alternate 
emissions reduction plan by May 31, 2003. The alternate plan would 
allow operation during the restricted hours, provided the plan achieves 
reductions of NO<INF>X</INF> and VOCs that would result in ozone 
benefits equivalent to the underlying regulation.
    The regulation exempts from the restriction use at a domestic 
residence by the owner of, or a resident at, that domestic residence, 
use by a non-commercial operator, or any equipment used exclusively for 
emergency operations to protect human health and safety or the 
environment, including equipment being used in the repair of 
facilities, devices, systems, or infrastructure that have failed, or 
are in danger of failing, in order to prevent immediate harm to public 
health, safety, or the environment.
    The affected area would include the following counties within the 
HG nonattainment area: Brazoria, Fort Bend, Galveston, Harris, and 
Montgomery. This control strategy is a necessary measure to consider 
for contributing to a successful attainment demonstration with the 
NAAQS for ozone.

What Are the Requirements of the December 20, 2000, Texas SIP 
Revision for Restricting Motor Vehicle Idling?

    The purpose of this rule is to establish idling limits for gasoline 
and diesel-powered engines in heavy-duty motor vehicles in the HG area. 
The rule defines heavy-duty motor vehicles as those motor vehicles that 
have a gross vehicle weight rating (GVWR) of greater than 14,000 
pounds. To comply with the motor vehicle idling regulations, no person 
in the affected counties may cause, suffer, allow, or permit the 
primary propulsion engine of a heavy-duty motor vehicle to idle for 
more than five consecutive minutes when the vehicle is not in motion 
during the time period April 1 through October 31.
    These idling limits will lower NO<INF>X</INF> emissions and other 
pollutants from fuel combustion. Because NO<INF>X</INF> is a precursor 
to ground-level ozone formation, reduced emissions of NO<INF>X</INF> 
will result in ground-level ozone reductions. It is estimated that this 
measure will achieve a minimum of 0.48 tpd of NO<INF>X</INF> equivalent 
reductions.
    The Texas regulation allows the following exemptions: covered 
vehicles that are forced to remain motionless because of traffic 
conditions over which the operator has no control; vehicles being used 
as an emergency or law enforcement motor vehicle; when the engine of a 
covered motor vehicle is being operated for maintenance or diagnostic 
purposes; when the engine of a covered motor vehicle is being operated 
solely to defrost a windshield; when the covered vehicle is being 
operated to provide a power source necessary for mechanical operation 
other than propulsion, passenger compartment heating, or air 
conditioning; where the primary propulsion engine of a covered vehicle 
is being operated to supply heat or air conditioning necessary for 
passenger comfort/safety in those vehicles intended for commercial 
passenger transportation or school buses, in which case idling up to a 
maximum of 30 minutes is allowed; where the primary propulsion engine 
of a covered vehicle is being used for transit operations, in which 
case idling up to a maximum of 30 minutes is allowed; and where the 
primary propulsion engine of a vehicle is being used in airport ground 
support equipment. The exemption for ground service equipment is 
intended to cover all equipment that is used to service aircraft during 
passenger and/or cargo loading and unloading, maintenance, and other 
ground-based operations.
    The affected area would include the following counties within the 
HG nonattainment area: Brazoria, Chambers, Fort Bend, Galveston, 
Harris, Liberty, Montgomery, and Waller. This control strategy is a 
necessary measure to consider for contributing to a successful 
attainment demonstration with the NAAQS for ozone.
    The TNRCC has proposed revisions to the idling restriction rule. 
The changes clarify that the operator of a rented or leased vehicle is 
responsible for compliance with the requirements in situations where 
the operator of a leased or rented vehicle is not employed by the owner 
of the vehicle. Our preliminary review indicates that the changes do 
not weaken the rule, but merely clarify enforcement provisions. Should 
a SIP revision be submitted incorporating these changes, the EPA may 
publish a revision to this rule.

Proposed Action

    We are proposing approval of two rules: Lawn Service Equipment 
Operating Restrictions; and, Requirements for Motor Vehicle Idling for 
the HG Ozone Nonattainment Area.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a

[[Page 31199]]

substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the 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 Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Motor vehicle pollution, Volatile organic compounds, 
Nitrogen oxides, Ozone, Reporting and record-keeping

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

    Dated: May 29, 2001.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
[FR Doc. 01-14477 Filed 6-8-01; 8:45 am]
BILLING CODE 6560-50-P