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FOR IMMEDIATE RELEASE:

Texas Issues Final Modified Rule
Exemptions Are Improvement Over Intial Proposed Ban

Alexandria, Virginia, January, 2001- Homeowners and all non-commercial operators of gasoline powered outdoor power equipment will be exempt from a ban on morning use of this equipment in the Houston, Texas area. Additionally, the final regulation contains a conditional exemption for commercial operators that submit an acceptable emission reduction plan. Although the Outdoor Power Equipment Institute (OPEI) and its members argued strongly in favor of eliminating the entire ban, these two conditions are a significant improvement over the original proposal.

In summer 2000, the Texas National Resource Conservation Commission (TNRCC) proposed to ban the morning use of all outdoor power equipment in the Houston metropolitan area as part of the Texas State Implementation Plan (SIP). Since that time OPEI has devoted significant resources toward influencing the proposed ban.

Although the final rule has been issued, it will not take effect until five years from now, in 2005. And, there are still some ongoing issues primarily centering on the type of emission reduction plans that commercial operators must submit by May 31, 2003 to TNRCC and EPA for approval by May 31, 2004. TNRCC must ensure that "the collective emission reductions achieved by the plans are equivalent to the ozone reductions achieved by the implementation of the original proposed rules." Commercial operators will have several still-undefined options in developing these plans. A major concern of OPEI is that these reduction plans fully comply with the federal pre-emption requirements of the Clean Air Act. Under these provisions, individual states such as Texas cannot directly or indirectly require engine or equipment manufacturers to "go above and beyond" the federal emission regulations by having to supply a state with a unique category of "super clean" products. The federal phase I and new phase II emission regulations require all outdoor power equipment to meet very stringent emission standards, generally pursuant to a phased-in schedule.

In light of the substantial emission reductions that will result from the federal phase I and phase II emission regulations, compared to the relatively modest reductions that would result from the Houston use ban, OPEI will continue to try to persuade the Texas regulators to eliminate their modified ban which will still be difficult and not cost-effective to implement. To achieve that end, OPEI will continue to work with Texas regulators in the development of a more accurate assessment of the rule's emission benefits. Finally, OPEI will work with other stakeholders in Texas including the Texas Nursery and Landscaping Association (TNLA) in the development of mutually acceptable generic emission reduction plans for commercial operators which fully comply with the federal pre-emption requirements set forth in the Clean Air Act.

OPEI is a trade association whose membership is primarily composed of U.S. manufacturers of powered lawn and garden maintenance products, components and attachment supplies, as well as industry related services. OPEI's domestic members manufacture in excess of 95% of the U.S. consumer retail market for gas and electric powered lawn and garden maintenance products.

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