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Copyright 2000 The Houston Chronicle Publishing Company  
The Houston Chronicle

November 18, 2000, Saturday 3 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 829 words

HEADLINE: Official calls for smog plan revisions;
Final blueprint due next month

SOURCE: Staff

BYLINE: BILL DAWSON, Houston Chronicle Environmental Writer

BODY:
Houston's smog plan should not require ozone-eating air conditioners or restrict noncommercial uses of lawn equipment, the staff chief for the state's environmental commission said Friday.

But Jeff Saitas, the Texas Natural Resource Conservation Commission's executive director, recommended retaining other highly contentious measures.

With some modifications to earlier proposals, Saitas said the three TNRCC commissioners should keep a 90 percent cut in industrial emissions, a 55-mph speed limit, stricter tailpipe tests and a morning ban on the use of diesel equipment.

The commissioners have no obligation to following Saitas' recommendations when they meet Dec. 6 to adopt a plan to attack Houston's nation-leading problem with ozone, smog's main ingredient. Nonetheless, they are expected to stay close to Saitas' blueprint. The recommendations he issued on Friday represent the TNRCC staff's response to extensive public comments on a tentative proposal by the commissioners in August.

Under Saitas' latest recommendations, even air conditioners and lawn equipment - two of the most controversial targets in the August proposal - would not escape regulation entirely.

Instead of requiring that air conditioners include ozone-destroying equipment, he recommended that new units meet a stricter energy-efficiency standard.

And while Saitas would omit a morning ban on the general public's use of gasoline lawn equipment, he would leave it in place for landscaping businesses.

He also recommended adopting another proposal strongly criticized by affected businesses - a morning ban on the use of diesel-powered construction and industrial equipment.

In both cases, the before-noon bans could be avoided with alternative actions. Landscapers could substitute spill-proof gasoline containers, for instance, and operators of diesel equipment could install emission-cutting devices.

Saitas also called for leaving other controversial measures in the plan with some changes, but not everything critics advocated.

He advised the commissioners to impose a 55 mph speed limit and require stricter tailpipe testing in eight metropolitan counties - Harris, Galveston, Brazoria, Montgomery, Fort Bend, Waller, Liberty and Chambers.

Officials in all seven suburban counties but Galveston have asked to be spared reduced speed limits and tailpipe tests.

But the only concession Saitas made to those pleas was to recommend that local officials in Waller, Liberty and Chambers - the area's most rural and least populous counties - be allowed to substitute other measures for the tailpipe program if they eliminate as much pollution.

"At the end of the day, if we pull out some counties (from the plan), the ones that are left would have to pick up their portion," he said.

On the question of industrial emissions, a coalition of more than 120 local companies has argued that an average pollution cut of more than 75 percent is not technically and economically feasible at many plants.

But despite much lobbying by the business group, Saitas recommended keeping the mandate for an average 90 percent reduction (93 percent for utilities) in nitrogen oxide, the key ozone-forming target in the smog plan.

In response to industry leaders' arguments, he would allow a slower phase-in for the 90 percent cut - completion by 2007, Houston's federal deadline for compliance with the ozone standard, instead of 2005.

"This gives time to develop and improve the technology and lower costs," he said.

As oil industry representatives have urged, Saitas is recommending omission of a state requirement for low-sulfur gasoline. This rule would have been stricter than federal regulations will require nationwide in 2004.

The rules that Saitas is recommending add up to about 7.5 percent less in pollution cuts than the proposal published for public comment in August.

But he said he believes the plan would still be tough enough to receive federal approval next year and then bring ozone levels below the federal limit by the end of 2007.

The reason, he said, is that another list of possible rules would be included in the plan, along with a legally binding promise to adopt as many as needed at a later date. This list includes such measures as tailpipe tests for diesel vehicles (only gasoline vehicles are tested now) and requirement of vehicles powered by fuel cells.

Depending on what various scientific studies indicate in the next couple of years, officials could adopt these additional rules at the smog plan's built-in correction point in 2003, Saitas said.

"I believe the Environmental Protection Agency will accept this approach," he said. If it does not grant that approval, the EPA can propose its own federal plan for Houston next year and also impose economic sanctions including a cutoff in transportation funds.

After the TNRCC commissioners adopt the smog plan next month, Gov. George W. Bush must submit it to the EPA by the end of the year.



TYPE: -LINKS-

LOAD-DATE: November 19, 2000




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