[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Proposed Rules]
[Pages 16432-16434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7404]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-126-6-7483; FRL-6957-9]


Proposed Approval and Promulgation of Implementation Plans; 
Texas; Non-Road Large Spark-Ignition Engines; Accelerated Purchase of 
Tier2/Tier3 Non Road Compression-Ignition Equipment; Non-Road 
Construction Equipment Restriction; and Electrification of Airport 
Ground Support Equipment for the Dallas/Ft. Worth (DFW) 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 rule making covers four separate actions. We 
are proposing approval of: A rule requiring that non-road large spark-
ignition engines of 25 horsepower (hp) or larger in Ellis, Johnson, 
Kaufman, Parker, Rockwall, Denton, Collin, Tarrant, and Dallas counties 
of the Dallas-Ft. Worth consolidated metropolitan statistical area (DFW 
area) conform to requirements identical to Title 13 of the California 
Code of Regulations, Chapter 9; a rule requiring accelerated purchase 
and operation of non-road compression-ignition fleet equipment within 
Collin, Denton, Tarrant, Dallas counties of the DFW area; a rule 
requiring limitation in the use of non-road construction equipment over 
50 horsepower operating in Denton, Collin, Tarrant, and Dallas counties 
(the DFW ozone nonattainment area), to later in the day to reduce 
production of oxides of nitrogen ( NOX) during the time 
conducive to ozone formation; and a rule requiring owners and operators 
of ground support equipment (GSE) at major airports in Denton, Collin, 
Tarrant and Dallas counties of the DFW area to reduce NOX 
emissions attributable to GSE or convert the GSE fleet to electric-
powered ground support equipment.
    These new rules will contribute to attainment of the ozone standard 
in the DFW area. The EPA is approving these revisions to the Texas SIP 
to regulate emissions of nitrogen dioxide in accordance with the 
requirements of the Federal Clean Air Act (the Act).

DATES: Written comments must be received on or before April 25, 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: Diana Hinds, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-7561.

SUPPLEMENTARY INFORMATION:
    Throughout this document ``we,'' ``us,'' and ``our'' refers to EPA.
    This document concerns control of air pollution of oxides of 
nitrogen for non-road equipment sources in the DFW 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?

    On April 30, 2000, the Governor of Texas submitted to EPA these 
four rule revisions (a requirement that non-road large spark-ignition 
engines of 25 horsepower (hp) or larger conform to Title 13 of the 
California Code of Regulations, Chapter 9; non-road construction 
equipment operating limitations; establishing accelerated purchase and 
operation of non-road compression-ignition fleet equipment in the DFW 
area; and conversion of airport ground support equipment from fossil 
fuel to electrical power) 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 DFW area. The EPA is proposing to approve these revisions to the 
Texas SIP to regulate emissions of nitrogen dioxide 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.

What Are the Requirements of the April 30, 2000, Texas SIP for Non-
Road Large Spark-Ignition (LSI) Engines?

    Non-road, LSI engines are primarily used to power industrial 
equipment such as forklifts, generators, pumps, compressors, aerial 
lifts, sweepers, and large lawn tractors. The engines are similar to 
automotive engines and can use similar automotive technology, such as 
closed-loop engine control and three-way catalysts, to reduce 
emissions.
    Texas developed a non-road LSI engine strategy in the DFW area 
which establishes emission requirements for non-road, LSI engines 25 hp 
and larger for model year 2004 and subsequent model-year engines, and 
all equipment and vehicles that use such engines, by requiring non-road 
LSI engines to meet emission limits equivalent to, and certified in, a 
manner identical to 13 California Code of Regulations 9.
    Although emissions from non-road, LSI engines have not yet been 
regulated by EPA under section 209(e)(2) of the Act (EPA proposed rules 
on December 7, 2000 at 65 FR 76797), the California Air Resources Board 
(CARB) has adopted exhaust emission standards for these engines. 
Section 209(e)(2)(A) of the Act authorizes EPA to approve California 
regulation of non-road engines other than those used in locomotives, 
construction and farm equipment. Section 209(e)(2)(B) of the Act allows 
another state to adopt requirements for non-road engines if such 
regulations are identical to California's requirements. EPA has 
promulgated regulations, codified at 40 CFR 85.1606, setting forth the 
criteria for adoption of California regulations regarding non-road 
vehicles and non-road engines. We are proposing that Texas has met the 
statutory and regulatory requirements for adoption of the California 
LSI program.

What Are the Requirements of the April 30, 2000, Texas SIP for 
Accelerated Purchase and Operation of Tier 2/Tier 3 Non-Road 
Compression-Ignition Fleet Equipment?

    The adopted rules will require those in the DFW ozone nonattainment 
area who own or operate non-road equipment powered by compression-
ignition engines 50 hp and up to meet the certain requirements 
regarding Tier 2 and Tier 3 emission standards. For more information on 
the Tier 2 and Tier 3 emission standards, see 40 CFR 89.112, ``Oxides 
of nitrogen, carbon monoxide, hydrocarbon, and particulate matter 
exhaust emission standards.'' Specifically, the regulations we are 
proposing to approve contain the following requirements. For the 
portion of the fleet that is 50 hp up to 100 hp, the owner or operator 
must ensure that such equipment will consist of 100% Tier 2 non-road 
equipment by the end of the calendar year 2007. For the portion of the 
fleet that is 100 hp up to

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750 hp, the owner or operator must ensure that such equipment consists 
of a minimum of 50% Tier 3 non-road equipment and the remainder of Tier 
2 non-road equipment by the end of the calendar year 2007. Finally, for 
the portion of the fleet that is greater than 750 hp, the owner or 
operator must ensure that such equipment consists of 100% Tier 2 
engines by the end of calendar year 2007. The equipment that does not 
meet these standards (or bring about equivalent emissions reductions) 
after the given time frame cannot be used in the four-county area. The 
requirements in the Texas rule can be met by retrofit of currently 
owned or newly purchased engines if the retrofits are certified by EPA 
to meet or exceed Tier 2 or Tier 3 standards. The State rules will have 
the effect of accelerating the turnover rate of compression-ignition 
engine, non-road equipment. The DFW attainment demonstration shows that 
emissions reductions at this chosen rate of turnover are necessary for 
the area to reach attainment. The Texas rule exempts non-road engines 
used in locomotives, underground mining equipment, marine application, 
aircraft, airport ground support equipment (GSE), equipment used solely 
for agricultural purposes, emergency equipment, and freezing weather 
equipment. Generally, the rules will affect diesel equipment 50 hp and 
larger used in construction, general industrial, lawn and garden, 
utility, and material handling applications.
    It should be noted that the State rules afford an owner/operator an 
alternative means of complying with this regulation. An emissions 
reduction plan under this measure must be submitted by May 31, 2002, 
and approved by the Executive Director and EPA by May 31, 2003.

What are the Requirements of the April 30, 2000, Texas SIP for 
Restricting Non-Road Construction Equipment Operating Limitations?

    The purpose of this rule is to establish a restriction on the use 
of construction equipment (non-road, heavy-duty diesel equipment rated 
at 50 hp and greater) as an air pollution control strategy until after 
10 o'clock a.m. As a result, 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. The 
restrictions apply from June 1 through October 31. The Texas regulation 
allows operators to submit an alternate emissions reduction plan by May 
31, 2002. The alternate plan would allow operation during the 
restricted hours, provided the plan achieves reductions of 
NOX that would result in ozone benefits equivalent to the 
underlying regulation.

What Are the Requirements of the April 30, 2000, Texas SIP for 
Conversion to Electric-Powered Ground-Support Equipment?

    These rules require a reduction in NOX of up to 90% from 
the 1996 contributions attributable to airport GSE from the airports 
which have the most air carrier operations in Collin, Dallas, Denton, 
and Tarrant Counties. The reductions are to be phased-in according to 
the following schedule: 20% by December 31, 2003, or December 31 of the 
year the airport becomes subject to the requirements; 50% by December 
31, 2004, or by December 31 of the second year after the airport 
becomes subject; and 90% by December 31, 2005, or December 31 of the 
third year after the airport becomes subject to the requirements. The 
Texas regulations allow flexibility in meeting the emission reduction 
requirements, including emission reduction measures applied to the GSE 
fleet or measures applied elsewhere in the nonattainment area so long 
as those measures satisfy State emission reduction crediting 
regulations. Further, the regulations allow a GSE owner or operator to 
submit documentation of 100% electrification of GSE vehicles for which 
electrification technology exists in lieu of developing the inventory, 
reduction targets, and emission reduction plan. The adopted rules are 
necessary for the DFW nonattainment area to be able to demonstrate 
attainment with the ozone NAAQS.
    Section 209(e) of the Act prohibits States and their political 
subdivisions from adopting or enforcing any standard or other 
requirement relating to the control of emissions from non-road engines 
or non-road equipment. However, a general requirement that fleet 
operators achieve a specified level of NOX reductions is not 
an emissions standard or other requirement under section 209(e)(2) of 
the Act. The fact that the level of required reductions is quantified 
and is calculated based on the level of emissions generated by the GSE 
fleet in-use in a prior year does not change the conclusion that 
assigning a general emissions reductions obligation to a fleet operator 
does not amount to an emissions standard on non-road equipment. 
Similarly, the compliance alternatives available to a fleet operator do 
not transform the general obligation to achieve a certain quantity of 
reductions into an emissions standard on non-road equipment. The fleet 
operator has several alternatives to show compliance with the 
reductions requirement. The alternative to obtain reductions from the 
GSE fleet itself does not mandate a specific emissions level that the 
equipment must achieve but instead provides the fleet operators 
flexibility in how they obtain the reductions, including allowing 
restrictions on use and operation of the equipment. The fact that the 
State has proposed to approve an agreement with at least one airline to 
meet the targeted reductions demonstrates the feasibility of achieving 
the reductions without total electrification of the GSE fleet.
    For additional information concerning these rule revisions, please 
refer to our TSD.

What Areas in Texas Will This Action Affect?

    The rule revisions we are proposing to approve affect the DFW area. 
We have classified four counties in the DFW area as a serious ozone 
nonattainment area: Collin, Dallas, Denton, and Tarrant. In addition, 
Ellis, Johnson, Kaufman, Parker, and Rockwall counties are affected by 
the Non-Road Large Spark-Ignition Engines rule.

Proposed Action

    We are proposing approval of four rules: Non-Road Large Spark-
Ignition Engines; Accelerated Purchase of Tier2/Tier 3 Non Road 
Compression-Ignition Equipment; Non Road Construction Equipment 
Restriction; and Electrification of Airport Ground Support Equipment 
for the Dallas/Ft. Worth (DFW) Ozone Nonattainment Area.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed 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 proposed 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 proposes to approve 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). For the same

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reason, this proposed rule also does not significantly or uniquely 
affect the communities of tribal governments, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This proposed rule will 
not 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 
proposed 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. The proposed rule does 
not involve special consideration of environmental justice related 
issues as required by Executive Order 12898 (59 FR 7629, February 16, 
1994). As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed 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, Hydrocarbons, 
Intergovernmental relations, Motor vehicle pollution, Nitrogen oxides, 
Ozone, Reporting and recordkeeping.

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

    Dated: March 13, 2001.
Gerald Fontenot,
Acting Regional Administrator, Region 6.
[FR Doc. 01-7404 Filed 3-23-01; 8:45 am]
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