[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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