Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,390
8313-8478 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Written comments on the consistency of this rulemaking may be
submitted to the contact person at the address listed under the
Submittal of Comments section of this preamble.
Announcement of Hearing
The commission will hold a public hearing on this proposal on
December 12, 2013, at 10:00 a.m., in Building E, Room 201-S,
at the commission's central office located at 12100 Park 35 Cir-
cle, Austin, Texas. The hearing is structured for the receipt of
oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registra-
tion. Open discussion will not be permitted during the hearing;
however, commission staff members will be available to discuss
the proposal 30 minutes prior to the hearing.
Persons who have special communication or other accommoda-
tion needs who are planning to attend the hearing should contact
Sandy Wong, Office of Legal Services, at (512) 239-1802. Re-
quests should be made as far in advance as possible.
Submittal of Comments
Comments may be submitted to Michael Parrish, MC 205,
Office of Legal Services, Texas Commission on Environ-
mental Quality, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Electronic comments may be
submitted at: http://www5.tceq.texas.gov/rules/ecomments/.
File size restrictions may apply to comments being submitted
via the eComments system. All comments should reference
Rule Project Number 2013-039-114-Al. The comment period
closes December 18, 2013. Copies of the proposed rule-
making can be obtained from the commission's Web site at
http://www.tceq.texas.gov/nav/rules/propose_adopt.html. For
further information, please contact Guy Hoffman, Implementa-
tion Grants Section, at (512) 239-1981.
30 TAC 114.610 - 114.612, 114.616
Statutory Authority
The amendments are proposed under Texas Water Code (TWC),
5.102, which provides the commission with the general powers
to carry out its duties under the TWC; TWC, 5.103, which autho-
rizes the commission to adopt any rules necessary to carry out
the powers and duties under the provisions of the TWC and other
laws of this state; and TWC, 5.105, which authorizes the com-
mission by rule to establish and approve all general policy of the
commission. The amendments are also proposed under Texas
Health and Safety Code (THSC), Texas Clean Air Act, 382.017,
which authorizes the commission to adopt rules consistent with
the policy and purposes of the THSC; THSC, 382.011, which
authorizes the commission to establish the level of quality to
be maintained in the state's air and to control the quality of the
state's air; THSC, 382.012, which authorizes the commission
to prepare and develop a general, comprehensive plan for the
control of the state's air; and THSC, Chapter 386, which estab-
lishes the Texas Emissions Reduction Plan program.
The amendments are proposed as part of the implementation of
Senate Bill 1727, 83rd, Legislature, 2013, and the amendments
to THSC, 386.152, 386.153, 386.155, 386.156, 386.158, and
386.160 - 386.162.
114.610. Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA)
[TiAA] or in the rules of the commission, the terms used in this sub-
chapter have the meanings commonly ascribed to them in the field of
air pollution control. In addition to the terms which are defined by theTCAA, 3.2, 101.1, and 114.1 of this title (relating to Definitions),
the following words and terms, when used in this division shall have
the following meanings, unless the context clearly indicates otherwise.
(4) Bin or emissions bin--A set of emissions standards ap-
plicable to exhaust pollutants measured on the Federal Test Procedure
according to Tile 40 Cede of Federal Reg tions, 86.84 04/.
(1) [(2)] Lease--The use and control of a new light-duty
motor vehicle in accordance with a rental contract for a term of twelve
consecutive months or more.
(2) [(3)] Lessee--A person who enters into a lease for a new
light-duty motor [light-moter] vehicle.
(3) [(4)] Light-duty motor vehicle--A motor vehicle with a
gross vehicle weight rating of less than 10,000 pounds.
(4) [(5)] Motor vehicle--A self-propelled device designed
for transporting persons or property on a public highway that is required
to be registered under Texas Transportation Code, Chapter 502.
(5) [(6)] New light-duty motor vehicle--A light-duty motor
vehicle that has never been the subject of a first sale as defined under
Texas Transportation Code, 501.002 [Title 43 Texas Administrative
Cede, 2 (relating to Definitions)], either within this state or else-
where.
114.611. Applicability.
(a) The provisions of 114.610, 114.612, and 114.616[
14.61& and 4461-9] of this title (relating to Definitions; Light-Duty
Motor Vehicle Purchase or Lease Incentive Requirements; and Man-
ufacturer's Report[; Vehicle Emissions formaton Bchure, and
Light-Duty Motor Vehicle Purchase or Lease Ineentive Schedule])
apply statewide subject to the availability of funding.
(b) A purchase or lease of a light-duty motor vehicle is not
eligible if it is required by any state or federal law, rule or regulation,
memorandum of agreement, or other legally binding document. This
subsection does not apply to:
(1) an otherwise qualified purchase or lease, regardless of
the fact that the state implementation plan assumes that the change in
vehicles will occur, if on the date the incentive is awarded the change
is not required by any state or federal law, rule or regulation, memo-
randum of agreement, or other legally binding document; or
(2) the purchase or lease of a light-duty motor vehicle re-
quired only by local law or regulation or by corporate or controlling
board policy of a public or private entity.
114.612. Light-Duty Motor Vehicle Purchase or Lease Incentive Re-
quirements.
(a) The purchaser [purchase] or lessee [lease] of a new light-
duty motor vehicle powered by compressed natural gas, liquefied pe-
troleum gas, or electric drive certified by the United States Environ-
mental Protection Agency (EPA) [EPA] to an emissions standard at
least as stringent as those specified in 114.619 of this title (relating
to Light-Duty Motor Vehicle Purchase or Lease Incentive Schedule)
may [shall] be eligible for the incentive specified in subsection (b) of
this section [446-9 ofthis title] if the vehicle meets the requirements
specified in paragraph (1) or (2) of the subsection and is listed on the
list of eligible vehicles provided to the commission as specified under
114.616 of this title (relating to Manufacturer's Report). The com-
mission will publish on its Web site a list of the eligible vehicles as
provided to the commission as specified under 114.616 of this title.
Eligible vehicles include: [and the purchaser or lessee agrees to regis-
ter the vehicle in this state and meets the requirements of this section.]38 TexReg 8390 November 22, 2013 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/78/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.