[Federal Register Volume 66, Number 133 (Wednesday, July 11, 2001)]
[Proposed Rules]
[Pages 36226-36228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17336]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-134-4-7503; FRL-7010-8]
Proposed Approval and Promulgation of Implementation Plans;
Texas; Non-Road Large Spark-Ignition Engines; Agreements With Airport
Operators and Airlines Regarding Control of Pollution From Ground
Support Equipment for the Houston/Galveston Ozone Nonattainment Area
(HGA)
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 two separate actions. We
are proposing approval of:
A rule requiring that non-road large spark-ignition engines of 25
horsepower (hp) or larger in all counties of the State of Texas conform
to requirements identical to Title 13 of the California Code of
Regulations, Chapter 9; and
Agreements requiring owners and operators at major airports in the
HGA to bring about oxides of nitrogen (NOX) emission
reductions for sources under their control.
This new rule and the agreements will contribute to attainment of
the ozone standard in the HGA. The EPA is
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approving these revisions to the Texas SIP to regulate emissions of
oxides of nitrogen (NOX) in accordance with the requirements
of the Federal Clean Air Act (the Act).
DATES: Written comments must be received on or before August 10, 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 NOX
for non-road equipment sources in the HGA 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 December 22, 2000, the Governor of Texas submitted to EPA
revisions to the 30 TAC, Chapter 114, ``Control of Air Pollution From
Motor Vehicles,'' as a revision to the SIP. That submission included
requirements 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; and NOX reductions from airport
Ground Support Equipment (GSE).
Also on December 22, 2000, the Texas Natural Resource Conservation
Commission (TNRCC) withdrew its adopted rule revising 30 TAC Chapter
114, Subchapter I, Division 7 (Houston/Galveston GSE), and substituted
agreements with airlines and airport operators in the HGA for
equivalent NOX reductions.
These new rules will contribute to attainment of the ozone standard
in the HGA area. The EPA is proposing to approve these revisions to the
Texas SIP to regulate emissions of NOX 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 December 22, 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 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
in all counties in the state to meet emission limits equivalent to, and
certified in, a manner identical to 13 California Code of Regulations,
Chapter 9.
Although emissions from non-road, LSI engines have not yet been
regulated by EPA under section 209(e)(2) of the Act, the California Air
Resources Board (CARB) has adopted exhaust emission standards for these
engines (EPA proposed rules at 65 FR 76797 on December 7, 2000).
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 section 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. All counties in the State are affected by this
rule.
What Are the Requirements of the December 22, 2000, Texas SIP for
Reduction of Oxides of Nitrogen From Airport Ground-Support Equipment?
On August 25, 2000, Texas proposed rules that required reductions
of NOX emissions of up to 90% of the 1996 contributions
attributable to airport GSE from the airports which have the most air
carrier operations in the eight county ozone nonattainment area. Texas
withdrew the rule (see 25 TexReg 12639; December 22, 2000), after
entering into enforceable agreements with airport owners and operators
that brought about equivalent emission reductions. The state signed an
Agreed Order with Continental Airlines for its operations at Houston's
George Bush Intercontinental Airport on October 18, 2000, and signed a
similar Agreed Order with Southwest Airlines for its operations at
William Hobby Airport on December 6, 2000. The Agreements made
enforceable specific local emission reductions of NOX from
sources under the airlines' control. On October 18, 2000, Texas
approved a Memorandum of Agreement with the City of Houston to bring
about additional reductions from operations in the Houston Airport
System. The sum of these agreed reductions is equal to those reductions
imposed in the withdrawn Texas rulemaking package.
The Agreements with Southwest and Continental airlines require that
NOX emissions from mobile or stationary sources under the
airlines' control be reduced by an amount equal to 25% of the
NOX emitted from its 1996 GSE fleet by December 31, 2003;
50% by December 31, 2004; and 75% by December 31, 2005. Further,
Reasonably Available Control Considering Costs (RACCC), or alternative-
fuel and/or electric-powered equipment, will be installed on GSE
equipment added to the fleet after 1996; best available technology
(BAT) will be utilized for GSE added to the fleet after 2004; and the
airlines will assist the State in demonstrating that 75% NOX
reductions, based on emission levels of the 1996 GSE fleet, have been
achieved. Plans for the implementation of the NOX reduction
measures are due to the state by May 1, 2002.
The City of Houston's Memorandum of Agreement states that the
Houston Airport System will provide 15% NOX reductions in
addition to the 75% NOX reductions (based on 1996 GSE
emission levels) agreed to by Southwest and Continental airlines. The
Houston Airport System includes George Bush Intercontinental Airport/
Houston, William P. Hobby Airport, Ellington Field, and any other
future facility acquired by Houston. By December 31, 2004, Houston
agrees to have implemented strategies and achieved agreed reductions.
Strategies include consolidation of rental car facilities and common
bussing, consolidation of employee parking lot and busses, cleaner
busses for the City economy lot, a pilot program for fuel cell
technology, and infrastructure support for voluntary
[[Page 36228]]
reductions of GSE emissions by various operators in the Houston Airport
System. Alternative strategies may be implemented to bring about, or
count for, the agreed reductions. A plan to achieve the agreed
reductions is due to the state by May 1, 2002.
Texas believes that the NOX reductions claimed in the
HGA Post-99 Rate-of-Progress/Attainment SIP will be achieved through
these Agreements as alternate but equally enforceable mechanisms. These
measures will contribute to the attainment and maintenance of the one-
hour ozone standard in the HGA.
For additional information concerning these rule revisions, please
refer to our TSD.
What Areas in Texas Will These Actions Affect?
The Non-Road LSI rule affects all Texas counties. The agreements
concerning NOX reductions from GSE affect airports in the
HGA area.
Proposed Action
We are proposing approval of two rules: Requirements for Non-Road
Large Spark-Ignition Engines, and specified NOX reduction
agreements with airlines and airport operators in the Houston-Galveston
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 (Pub. L. 104-4). This rule also does not have a 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 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. 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 record keeping.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2001.
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 01-17336 Filed 7-10-01; 8:45 am]
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