HOUSTON - Commercial operators of gasoline powered outdoor power equipment have a conditional exemption for morning use of this equipment in the Houston, Texas, area, according to a report by the Outdoor Power Equipment Institute (OPEI). That exemption applies only to commercial operators that submit an acceptable emission reduction plan. However, homeowners and all non-commercial operators of this equipment will be exempt from a morning use ban. Although the 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 the summer of 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).

Although the final rule has been issued, it will not take effect until 2005. There are also some ongoing issues to consider, primarily centering on the type of emission reduction plans that commercial operators must submit by May 31, 2003 to TNRCC and the U.S. Environmental Protection agency for approval by May 31, 2004.