Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,394
8313-8478 p. ; 28 cm.View a full description of this periodical.
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requirement of state law and is not proposed solely under the
general powers of the agency, but is specifically authorized by
the provisions cited in the Statutory Authority section of this pre-
amble. Finally, this rulemaking does not exceed a requirement
of a delegation agreement or contract to implement a state and
federal program.
The commission invites public comment on the draft regulatory
impact analysis determination. Written comments on the draft
regulatory impact analysis determination may be submitted to
the contact person at the address listed under the Submittal of
Comments section of this preamble.
Takings Impact Assessment
The commission evaluated this rulemaking action and per-
formed an analysis of whether the proposed rules are subject to
Texas Government Code, Chapter 2007. The primary purpose
of the rulemaking is to amend Chapter 114 in accordance with
SB 1727, 83rd Legislature, 2013. The rules make revisions to
voluntary programs and only affect motor vehicles and equip-
ment that are not considered to be private real property. The
promulgation and enforcement of the proposed rules are neither
a statutory nor a constitutional taking because the proposed
rules do not affect private real property. Therefore, the rules do
not constitute a taking under Texas Government Code, Chapter
2007.
Consistency with the Coastal Management Program
The commission reviewed the proposed rulemaking and found
the proposal is a rulemaking identified in the Coastal Coordina-
tion Act Implementation Rules, 31 TAC 505.11(b)(2), concern-
ing rules subject to the Texas Coastal Management Program
(CMP), and will, therefore, require that goals and policies of the
CMP be considered during the rulemaking process. The com-
mission reviewed this action for consistency and determined the
rulemaking for Chapter 114 does not impact any CMP goals or
policies, because it revises voluntary incentive grant programs
and does not govern air pollution emissions.
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 in
Austin on December 12, 2013, at 10:00 a.m. in Building E, Room
201S, at the commission's central office located at 12100 Park
35 Circle. The hearing is structured for the receipt of oral or writ-
ten comments by interested persons. Individuals may present
oral statements when called upon in order of registration. Open
discussion will not be permitted during the hearing; however,
commission staff members will be available to discuss the pro-
posal 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
Written comments may be submitted to Bruce McAnally, 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 submittedvia the eComments system. All comments should reference
Rule Project Number 2013-036-114-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 Steve Dayton, Implementa-
tion Grants Section, at (512) 239-6824.
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 con-
trol of the state's air; and THSC, Chapter 386, which establishes
the Texas Emission Reduction Plan. Finally, the amendments
are proposed as part of the implementation of Senate Bill 1727,
83rd Legislature, 2013.
The proposed amendments implement THSC, 386.104 and
386.106.
114.622. Incentive Program Requirements.
(a) Eligible projects include:
(1) purchase or lease of on-road and non-road diesels;
(2) emissions-reducing retrofit projects for on-road or non-
road diesels;
(3) emissions-reducing repower projects for on-road or
non-road diesels;
(4) purchase and use of emissions-reducing add-on equip-
ment for on-road or non-road diesels;
(5) development and demonstration of practical, low-emis-
sions retrofit technologies, repower options, and advanced technolo-
gies for on-road or non-road diesels with lower nitrogen oxides (NO,)
emissions;
(6) use of qualifying fuel;
(7) implementation of infrastructure projects;
(8) replacement of on-road and non-road diesels with
newer on-road and non-road diesels; and
(9) other projects that have the potential to reduce antici-
pated NOx emissions from diesel engines.
(b) For a proposed project as listed in subsection (a) ofthis sec-
tion, other than a project involving a marine vessel or engine, a project
involving non-road equipment used for natural gas recovery purposes,
a project involving replacement of a motor vehicle, or a project in-
volving the purchase or lease of a motor vehicle, not less than 75%
of vehicle miles traveled or hours of operation projected for the five
years immediately following the award of a grant must be projected to
take place in a nonattainment area or affected county of this state. The
commission may also allow vehicle travel on highways and roadways,38 TexReg 8394 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/m1/82/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.