Removed from SIP September 6, 2006 (71 FR 52670) effective October 6, 2006. 4-56, TXd80

Regulatory Text: 
SUBCHAPTER I:  NON-ROAD ENGINES

DIVISION 6:  LAWN SERVICE EQUIPMENT OPERATING RESTRICTIONS

Outline:
§114.452. Control Requirements.
§114.459. Affected Counties and Compliance Dates.


§114.452.  Control Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57229) effective December 14, 2001 (TXd28)

     (a)  No handheld or non-handheld, lawn and garden service equipment powered by spark-ignition engines of 25 horsepower (hp) and below shall be started or operated between the hours of 6:00 a.m. and noon, during the time period from April 1 to October 31, in the counties listed in §114.459 of this title (relating to Affected Counties and Compliance Dates), except as specified in subsections (b) and (c) of this section.

     (b)  The following uses of lawn and garden service equipment powered by spark-ignition engines of 25 hp and below are exempt from the requirements of this division:

          (1)  any use at a domestic residence by the owner of, or a resident at, that domestic residence;

          (2)  any use by a non-commercial operator; or

          (3)  any use that is 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.

     (c)  Commercial operators or persons not exempt under subsection (b) of this section who submit an emissions reduction plan by May 31, 2003, (which is approved by the executive director and the EPA no later than May 31, 2004) are exempt from operating hour restrictions upon implementation of these rules in 2005, and are permitted to operate during the restricted hours.  The executive director may allow plans to be submitted after May 31, 2003.  In any event, a plan must be approved prior to the use of that plan for compliance with the requirements of this division.  In order to be approved, the plan must demonstrate nitrogen oxide and volatile organic compound reductions equivalent to those required by the rules being requested for exemption, and must contain adequate enforcement provisions.

     (d)  Commercial operator is defined as any person who receives payment or compensation in exchange for operating lawn and garden service equipment powered by spark-ignition engines of 25 hp or below where the payment or compensation is required to be reported as income by the United States Internal Revenue Code.  This term also includes any employees or contractors of any person as defined in the Texas Clean Air Act, §382.003(10).

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.452 adopted by TNRCC 12/06/2000 ******ebze*d28*****c14**


§114.459.  Affected Counties and Compliance Dates.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57229) effective December 14, 2001 (TXd28)

     Effective April 1, 2005, persons in the following counties shall be in compliance with §114.452 of this title (relating to Control Requirements).  These include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in the Houston/Galveston ozone nonattainment area.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.459 adopted by TNRCC 12/06/2000 ******ebze*d28*****c14**
*******end tx chapter 114 subchapter i division 6********ebze*d28*****c14**