Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,392
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director, or his designee, at the beginning, but no later than July 1, of
each year preceding the new vehicle model year.
(c) A manufacturer of new light-duty motor vehicles may sup-
plement the list required by subsection (a) of this section to include ad-
ditional new light-duty motor vehicle models the manufacturer intends
to sell in this state during the model year.
(d) All new light-duty motor vehicle dealers and leasing agents
statewide shall make copies of the list required under this section avail-
able to prospective purchasers or lessees of new light-duty motor ve-
hicles.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 7,
2013.
TRD-201305137
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 239-2548
30 TAC 114.619
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Commission on Environmental Quality or in the Texas Register
office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
Statutory Authority
The repeal is 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 authorizes the
commission to adopt any rules necessary to carry out the pow-
ers and duties under the provisions of the TWC and other laws of
this state; and TWC, 5.105, which authorizes the commission
by rule to establish and approve all general policy of the com-
mission. The repeal is also proposed under Texas Health and
Safety Code (THSC), Texas Clean Air Act, 382.017, which au-
thorizes 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 de-
velop a general, comprehensive plan for the control of the state's
air; and THSC, Chapter 386, which establishes the Texas Emis-
sions Reduction Plan.
The repeal is proposed as part of the implementation of Sen-
ate Bill 1727, 83rd, Legislature, 2013, and implements THSC,
386.153.
114.619. Light-Duty Motor Vehicle Purchase or Lease Incentive
Schedule.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 7,
2013.TRD-201305138
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 239-2548
DIVISION 3. DIESEL EMISSIONS
REDUCTION INCENTIVE PROGRAM
FOR ON-ROAD AND NON-ROAD VEHICLES
30 TAC 114.622, 114.629
The Texas Commission on Environmental Quality (TCEQ,
agency, or commission) proposes amendments to 114.622
and 114.629.
If adopted, the amendments will be submitted to the United
States Environmental Protection Agency (EPA) as revisions to
the state implementation plan.
Background and Summary of the Factual Basis for the Proposed
Rules
The purpose of this rulemaking is to amend existing rules imple-
menting the Diesel Emissions Reduction Incentive (DERI) Pro-
gram established under Texas Health and Safety Code (THSC),
Chapter 386, Subchapter C. The DERI Program provides finan-
cial incentives for reducing emissions of on-road heavy-duty mo-
tor vehicles and non-road equipment.
Senate Bill (SB) 1727, 83rd Legislature, 2013, amended THSC,
Chapter 386, Subchapter C, to revise existing criteria for re-
ceiving an incentive grant under this subchapter. The revision
to THSC, 386.106, removed the maximum cost-effectiveness
limit of $15,000 per ton of nitrogen oxides (NO) reduced in the
nonattainment area or affected county for which the project is
proposed.
The proposed rulemaking would incorporate the change to
THSC, 386.106, under SB 1727.
In addition, on May 21, 2012, the EPA published a revision to
40 Code of Federal Regulations Part 81, effective July 20, 2012
amending the designation of nonattainment areas for the 2008
Ozone National Ambient Air Quality Standard. Under the revised
EPA rule, Wise County was added to the designation of the Dal-
las-Fort Worth 2008 Eight-Hour Ozone Nonattainment Area.
The proposed rulemaking would add Wise County to the list of
applicable counties for the DERI Program.
Section by Section Discussion
114.622, Incentive Program Requirements
The commission proposes to amend 114.622 to incorpo-
rate a change to the program eligibility criteria under THSC,
386.106(a).
Proposed subsection (g) would be consistent with amended
THSC, 386.106(a), by removing the maximum cost-effective-
ness limit of $15,000 per ton of NOx emissions reduced. Under
the proposed change to this subsection, the commission would
be authorized to set cost-effectiveness limits as needed to
ensure the best use of available funds.
114.629, Affected Counties and Implementation Schedule38 TexReg 8392 November 22, 2013 Texas Register
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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/m1/80/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.